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HomeMy WebLinkAboutCity Council - 12/04/2006 AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM MONDAY, DECEMBER 4, 2006 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 Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder.Lorene McWaters IHeritage Room H I. FACILITIES PLANNING AND IMPROVEMENT PROJECTS Council Chamber III. OPEN FORUM IV. OPEN PODIUM IV. ADJOURNMENT TRUTH-IN-TAXATION HEARING AGENDA EDEN PRAIRIE CITY COUNCIL MONDAY,DECEMBER 4,2006 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 Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. CALL THE MEETING TO ORDER II. PUBLIC HEARING A. OVERVIEW OF 2007 PROPOSED BUDGET AND TAX LEVY B. PUBLIC COMMENT AND DISCUSSION III. CLOSE OR CONTINUE PUBLIC HEARING IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING MONDAY,DECEMBER 4,2006 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 Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeny I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PRESENTATION OF CERT CERTIFICATES V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 14,2006 B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 14,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE LICENSE AGREEMENT WITH T-MOBILE FOR ANTENNA ATOP CIVIL DEFENSE SIREN C. APPROVE CHANGE ORDER FOR RED ROCK SEDIMENT REMOVAL PROJECT,I.C. 05-5655 D. APPROVE CHANGE ORDER NO. 1 FOR HILLTOP RD.IMPROVEMENT PROJECT,I.C. 05-5642 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR SINGLETREE LANE IMPROVEMENTS, I.C. 07-5690 F. ADOPT RESOLUTION SUPPORTING THE PRELIMINARY RECOMMENDATIONS OF THE SOUTHWEST TRANSITWAY ALTERNATIVE ANALYSIS STUDY,I.C. 05-5643 CITY COUNCIL AGENDA December 4, 2006 Page 2 G. APPROVE NAMING RIGHTS AGREEMENT BETWEEN EMERSON PROCESS MANAGEMENT AND THE CITY OF EDEN PRAIRIE AND ACCEPT DONATION TOWARD THE COMMUNITY CENTER ADDITION H. APPROVE SELECTED VENDORS FOR FURNITURE,FIXTURES AND EQUIPMENT FOR THE NEW FIRE STATION 1. AWARD GENERAL CONSTRUCTION CONTRACT FOR DEN ROAD LIQUOR STORE REMODELING TO GREYSTONE CONSTRUCTION COMPANY J. ADOPT RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES FOR 2007 K. APPROVE AGREEMENT WITH LINCOLN PARC APARTMENTS,LLC VIII. PUBLIC HEARINGS/MEETINGS A. BECKER REZONING by Lee and Carri Becker. Request for: Zoning District Change from Rural to R1-13.5 on 0.83 acres. Location: 9795 Bluff Road . (Ordinance for Zoning District Change) B. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 1,BLOCK 1,MEADOWCRAFT,Vacation 06-05 (Resolution) C. AMENDING CHAPTER 3 COMPREHENSIVE GUIDE PLAN TO ADD GOLF COURSES AS LAND USE (Resolution for Guide Plan Change) D. AMENDING CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES E. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE &REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres,Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. F. OLYMPIC HILLS GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.71 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres,Zoning District Change from Rural to Golf Course on 169.1 acres,Zoning District Changefrom RM-6.5 to Golf Course on 1.6 acres Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course CITY COUNCIL AGENDA December 4, 2006 Page 3 G. BEARPATH GOLF COURSE GUIDE PLAN CHANGE &REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres,Zoning District Change from Rural to Golf Course on 198.04 acres.Location: Bearpath Golf Course H. GLEN LAKE GOLF COURSE GUIDE PLAN CHANGE&REZONING Request for: Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres, Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course L FIRST READING OF AN ORDINANCE AMENDING FEE SCHEDULE FOR THE CITY'S COSTS IN ADMINISTERING OFFICIAL CONTROLS IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. BECKER REZONING by Lee and Carri Becker. Location: 9795 Bluff Road . (2"d Reading of the Ordinance for Zoning District Change) XI. PETITIONS,REOUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Round Lake Park Athletic Field Lighting 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 CITY COUNCIL WORKSHOP & OPEN FORUMIOPEN PODIUM TUESDAY,NOVEMBER 14,2006 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 Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, OCM Intern Jeff Mills, and Recorder Lorene McWaters Heritage Room H I. PUBLIC SERVICE AREAS AND EMERGENCY MEDICAL SERVICE DELIVERY Fire Chief George Esbensen presented a PowerPoint on Primary Service Areas and Emergency Medical Service Delivery. In 2004,the City Council adopted a Resolution authorizing support of legislation that would allow Eden Prairie to control how advanced life support services in the City are provided. That legislation was not passed, so staff is now recommending that Eden Prairie apply for a separate PSA. The presentation provided an overview of primary service areas(PSA's) and outlined Eden Prairie's membership in the Hennepin County PSA. The presentation outlined reasons staff believes a separate PSA would be beneficial, including: • Local control • Faster response times • Guarantee of two ambulances at all times • Better service to the community Esbensen also outlined the process to apply for a separate PSA. The presentation included data indicating that response times for Eden Prairie are growing, and an analysis that suggests that Hennepin County would recover call volume within two years of Eden Prairie leaving the PSA. Esbensen said staff will begin the application process in January 2007. Council Chamber III. OPEN FORUM No one requested to speak at Open Forum. IV. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT ITEM NO.: VLB UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,NOVEMBER 14,2006 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 (arrived 7:08), Parks&Recreation Director Bob Lambert, 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 MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Case, to approve the agenda as published. Motion carried 5-0. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. CITY COUNCIL MEETING HELD TUESDAY,OCTOBER 3,2006 MOTION: Young moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, October 3, 2006 as published. Motion carried 5- 0. B. COUNCIL WORKSHOP HELD TUESDAY,OCTOBER 17,2006 MOTION: Case moved, seconded by Aho,to approve the minutes of the Council Workshop held Tuesday,October 17, 2006 as published. Motion carried 5-0. CITY COUNCIL MINUTES November 14,2006 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17,2006 MOTION: Young moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, October 17, 2006 as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MITCHELL CROSSING by Henry Lazniarz. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment with in the Community Commercial Zoning District on 3.098 acres, Resolution for Site Plan Review on 3.098 acres. Location: Highway 5 &Mitchell Road. (Ordinance No.27-2006-PUD-19-2006 for District Review and Zoning District Amendment,Resolution No.2006-130 for Site Plan Review) C. ADOPT RESOLUTION NO. 2006-131 APPROVING FINAL PLAT OF PRAIRIE ESTATES 2 ADDITION D. ADOPT RESOLUTION NO.2006-132 SETTING PUBLIC HEARING DECEMBER 19,2006,FOR APPROVAL OF LAYOUT AND MUNICIPAL CONSENT FOR THE I-494/TH 169 AND TH 1691VALLEY VIEW ROAD INTERCHANGE APPROVEMENTS,I.C. 01-5549 E. APPROVE CHANGE ORDER FOR PHASE II OF NONDEGRADATION ANALYSIS,I.C. 02-5585 F. AUTHORIZE PARTICIPATION IN MINNESOTA WATER"LET'S KEEP IT CLEAN"PROGRAM,I.C.05-5657 G. ADOPT RESOLUTION NO.2006-133 APPROVING JURISDICTIONAL TRANSFER AGREEMENT NO.PW-18-49-06 WITH HENNEPIN COUNTY FOR REALIGNMENT OF CR 4 SOUTH OF CR 1,I.C. 02-5566 H. APPROVE ENGINEERING AGREEMENT WITH AE2S FOR WATER STORAGE CONTROL IMPROVEMENTS AND SOFTENING PROCESS EVALUATION TESTING I. REJECT BIDS FOR BUILDING ENVELOPE WORK AT 17-CITY OWNED BUILDINGS J. ACCEPT BASE BID FOR BUILDING ENVELOPE MAINTENANCE FROM ADVANCED MASONRY RESTORATION AND REJECT ALTERNATE G-1 CITY COUNCIL MINUTES November 14,2006 Page 3 K. APPROVE LICENSE AGREEMENT WITH CINGULAR FOR AN ANTENNA INSTALLATION ON THE CITY'S MONOPOLE AT THE SENIOR CENTER L. ADOPT RESOLUTION NO.2006-134 CANVASSING THE NOVEMBER 7 MUNICIPAL ELECTION RESULTS M. AWARD CONTRACT FOR GARDEN ROOM FOOD SERVICE TO CORPORATE CAFES/SKY FOOD CATERING N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HGKI AND BKV FOR TOWN CENTER DESIGN GUIDELINES AND MIXED- USE ZONING ORDINANCE Young noted he would vote to set the public hearing date for Item D,but would not be voting on any substantive issue concerning this item due to a potential conflict of interest with his firm's client. MOTION: Butcher moved, seconded by Aho,to approve Items A-N on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. LOCK UP STORAGE FACILITY by BRB Development LLC. Request for: Planned Unit Development Concept Review on 2.11 acres, Planned Unit Development District Review with waivers on 2.11 acres,Zoning District Change from Rural Regional Service on 2.11 acres Site Plan Review on to Commercial 2.11 acres and Preliminary Plat of 2.11 acres into one lot.Location: 12995 Valley View Road. (Resolution No.2006-135 for PUD Concept Review,Ordinance for PUD District Review with waivers and Zoning District Change) Neal said the proposed plan shows a 71,187 square foot self-storage building. The project requires waivers for increased base area ratio and reduced parking. The Planning Commission voted 6-0 to recommend approval of the project at the October 9, 2006 meeting with the waivers for increased floor area ratio and reduced parking based on plans submitted at the meeting which addressed Staff concerns about exterior color,proof of parking, and wetland buffer. The area is already platted. There were no comments from the public. MOTION: Butcher moved, seconded by Young,to close the Public Hearing; adopt Resolution No. 2006-135 for Planned Unit Development Concept Review on 2.11 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 2.11 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES November 14,2006 Page 4 B. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union.Request for: Planned Unit Development Concept Review on 4.22 acres, Planned Unit Development District Review with waivers on 4.22 acres, Zoning District Amendment within the Commercial Regional Service District on 1.48 acres, Site Plan Review on 1.48 acres and Preliminary Plat of 4.22 acres into two lots.Location: 8577 Columbine Road. (Resolution No.2006-136 for PUD Concept Review,Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution No.2006-137 for Preliminary Plat) Neal said this proposal amends the Horizon Place PUD consisting of an 18,000 square foot Office Max building(currently under construction) and an 11,000 square foot retail building. The proposed plan shows a 5,907 square foot Twin City Co-op Federal Credit Union in place of the 11,000 square foot retail building. The project requires a zero lot line waiver to parking. This project was reviewed at the September 11, 2006, October 9, 2006 and October 23, 2006 Planning Commission meetings. The Planning Commission discussed the architectural consistency with approved plans for Fountain Place and Horizon Place and which design, pitched or flat roof,was consistent.The Planning Commission approved a flat roof design with architectural details matching Fountain Place and Horizon Place. The Planning Commission also discussed incorporating a rainwater garden to treat stormwater runoff and to improve the visual look of the project. Part of the parking in the adjacent Office Max site will be proof of parking and used to create a green area between the sites. The rainwater garden on the credit union site was a condition of approval of the waiver. The Planning Commission voted 6-0 to recommend approval of the project at the October 23, 2006 meeting and directed staff to look into park dedication fees. Staff determined park dedication fees were paid at time of building permit issuance for the entire Horizon Place PUD. There were no comments from the public. MOTION: Case moved, seconded by Young,to close the Public Hearing;adopt Resolution No. 2006-136 for Planned Unit Development Concept Review on 4.22 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service District on 1.48 acres; adopt Resolution No. 2006- 137 for Preliminary Plat into two lots on 4.22 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. C. PUBLIC MEETING TO RECEIVE INPUT ON PROPOSED LRT ALIGNMENTS Tyra-Lukens said this is a follow up public meeting to the Public Open House held at SouthWest Station on November 2, 2006. Neal noted this public meeting is not a formal legal requirement of the State or the Hennepin County Regional Rail Authority. The purpose of the public meeting is to gather additional public comment on the project for the Council to consider prior to its deliberation of a proposal to formally endorse the project. A Resolution of Support for the LRT Project will be prepared for the City Council to consider in December. CITY COUNCIL MINUTES November 14,2006 Page 5 Resident Rick Ramaker of 7004 Royal Link Court said he was speaking on behalf of his neighborhood. He supported LRT but said Option 1 runs through residential areas. Option 3 is much better. It accesses businesses in the Golden Triangle and Mall areas and would promote efforts to build an Eden Prairie downtown. It would have a higher ridership. Since the process will be drawn out another three years and the uncertainty affects property owners,Ramaker asked the Council to use any opportunity it has to recommend Option 3 and remove Option 1 from consideration. Tyra-Lukens asked if Ramaker had a preference for the A, B, or C alternatives and Ramaker said no. Tyra-Lukens noted email input is also welcomed. Both Councilmembers and Staff are on the policy advisory committee for the LRT study, and are united in opposition to Option 1. She supported the idea of narrowing the choices to bring resolution. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Aho,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher, Case,Young,and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS 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. Control of Advanced Life Support Services(Resolution No.2006-138) Neal said the resolution directs staff to apply to the EMSRB seeking municipal control over the provision of Advanced Life Support services within Eden Prairie, based on discussion at tonight's workshop. The rationale is that the City can provide these services more effectively. Council will review the application before it is submitted. Aho noted the decision does not imply poor service from the County, but the City may be able to better control response times without increasing costs.Neal agreed and said preliminary analysis suggests the switch would be an improvement both for Eden Prairie and for the HCMC. The preferred funding mechanism would be an enterprise fund. CITY COUNCIL MINUTES November 14,2006 Page 6 MOTION: Aho moved, seconded by Butcher,to adopt Resolution No. 2006-138 directing staff to proceed with submission of an application seeking municipal control over advanced life support services within the city of Eden Prairie. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Inspection of Park and Conservation Boundaries Lambert noted at the September 19,2006, City Council meeting, several residents who reside on the north shore of Rice Marsh Lake adjacent to Rice Marsh Lake Conservation Area had requested the City Council make an exception to the City ordinance to permit them to continue mowing up to approximately 60 feet of park land between their lots and Rice Marsh Lake.At that meeting,the City Council requested the Parks, Recreation and Natural Resources Commission to consider this request and determine if the City Council should modify the current ordinance that does not allow any private encroachment on public land. After lengthy discussion at its October 2, 2006 meeting,the Parks and Recreation Commission decided not to revise the ordinance and to institute an active encroachment policy. The Commission recommends Council approve a seasonal staff position to inspect at least 25%of boundaries per year. Young asked if the Commission had viewed the Rice Marsh Lake properties in question. Lambert said photos were viewed and at least two Commission members visited the site. Young said the issue seems to be mowing weeds between the path and the yard,which is less concerning than building, planting, or removing vegetation. He asked if the encroachment patrolling could be done by the current seasonal Dutch Elm disease inspectors.Lambert said the elm/oak inspectors do discover many of the encroachments that are found now, but the enforcement is very hit or miss. Often,property owners will say they have been mowing for twelve years. Mowing often then progresses to landscaping,which costs money to put in and money to remove. Sometimes new owners buy property unaware of the previous owner's encroachment and are left with the responsibility for it. The current seasonal position is not adequate to accommodate a proactive stance on encroachment.Aho asked the cost of the position. Lambert said it would be $3,000 to $4,000 per summer. Tyra-Lukens said the position is a good investment given the high level Staff management time and legal costs associated with contentious encroachment issues. Lambert said it would help save homeowners money as well. CITY COUNCIL MINUTES November 14,2006 Page 7 Aho drew a distinction between mowing and other encroachment. Could the policy allow mowing in certain instances? Lambert said some commission members shared this view, but it is difficult for Staff to make these calls. For example, if residents can mow on parkland two feet,then why not 100 feet? Can they mow conservation land,natural grasses, shrubbery, or small trees? Can they mow easements? Can they put down sod and create a pitch and putt course as was done at Rice Mash Lake? Lambert said Staff faces accusations of discrimination if the issue is not clear. It is a question of property rights and the City owns the land. Once neighbors start mowing an area they consider it"their yard"and it does tend to progress. It needs to be a clear-cut issue. Butcher said the position would help achieve consistency of ordinance enforcement and educate homeowners about where the property line is and their responsibility. Tyra-Lukens agreed many encroachments are not deliberate and the seasonal position would help monitor situations. MOTION: Butcher moved, seconded by Young,to request City staff inspect approximately 25%of park and conservation boundaries each year to ensure no private encroachment on public land beginning in 2007. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5- 0. The meeting adjourned at 7:35 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4, 2006 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. Amendment to Liquor License 2AM Closing Permit-Renewal Wadsworth Old Chicago Inc DBA: Old Chicago Leisery Inc. DBA: Brunswick Zone Eden Prairie - 1 - CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Public Safety License Agreement with T-Mobile for Community Investigations/ antenna atop civil defense siren Zoning Administration Jean Johnson, Zoning Adm. Requested Action Move to approve license agreement with T-Mobile for antenna use atop a new civil defense pole and siren. Synopsis T-Mobile, in response to residents' requests for improved personal communication coverage in the southeast area of Eden Prairie, desires to place a communication facility in the northwest corner of CR 1 and Franlo Road where a City civil defense pole and siren are located. In order to accommodate the communication antenna, T-Mobile will provide and install a new pole and siren system for the City. The City will relocate the existing pole and siren to an area of the city in need of additional siren coverage. Background Information The T-Mobile antenna will be a canister type antenna and will be mounted at the top of the new 50+foot high pole. The new city civil defense siren will be mounted at a 45 foot height. The associated T-Mobile ground equipment will be located to the west of the pole. T-Mobile has secured the necessary work in right of way permit from Hennepin County. Attachments • License Agreement LICENSE AGREEMENT This License Agreement ("Agreement") made this day of , 2006,between City of Eden Prairie, 8080 Mitchell Road,Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Grantor," and T-Mobile Central LLC, 8000 West 7e Street, Suite 400, Edina, MN 55439,a Delaware limited liability company,hereinafter referred to as"Grantee." RE,CITALS• A. Grantor is the owner of an existing 59 foot pole (the "Existing Tower" and civil defense siren on certain real property located in Hennepin County, State of Minnesota, and more particularly described in Exhibit A attached hereto (the "Land"). The Land and the Existing Tower are hereafter called the (the 'Trophy') B. Grantee desires a non-exclusive license to use portions of the Property, as described herein for the purpose of constructing, operating, .and maintaining a communications facility("Facility"). NOW THEREFORE,the parties agree as follows: 1. Grant of License. Grantor grants to Grantee a license for the use of that part of the Property for the period, uses, and consideration in accordance with all of the terms,covenants,conditions,and provisions contained herein. 2. Term. The initial term of the license granted hereby shall be for a period of five years (the "Term', commencing on the earlier of the date that Grantee begins construction on the Property,or ,2006(the"Commencement Date'). 3. Consideration. Notwithstanding anything to the contrary herein, and in accordance with the attached Addendum [as defined below in Section 8(b)], Grantee will not be required to pay any license fees or rent to Grantor during the initial Term of this Agreement. During the any Extended Terms, Grantee shall pay annual license fees to Grantor in accordance with the provisions of this Section 3 and Section 22,below,and such 4. Grantee's Use. Grantee may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following(all of which are hereafter referred to as the"Facility"): CADocoments and Settuips jo6nson\L=al SettingATemporary lrnemet ReAOi UTAlen Praire Fmrdo Redline 11.14.06.doc i (a) Not more than Three (3) cellular and link antennas and necessary connecting wave-guide and appurtenances on the Tower as more particularly described in Exhibit B attached hereto. (b) A ground equipment enclosure consisting of approximately five hundred (200) square feet to be erected on the Property as described in Exhibit B attached hereto ("Equipment Structure") to contain Grantee's radio transmission, computer equipment and emergency battery and generator equipment. (c) Utility wires, cables, conduits and pipes underground and within that part of the Property described in Exhibit C attached hereto. (d) Right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property from and to 9990 Franlo Road, Eden Prairie, MN, as described in Exhibit B for the purpose of inspecting, maintaining and repairing its Facility and related equipment, provided however, Grantor shall have the right to require Grantee to exercise its right of ingress and egress on and over a different part of the Property or'other Property as may be provided by or through Grantor. (e) A separately metered connection to the electric utility, which supplies electricity. All Facilities shall be at Grantee's expense and the Facility, including antennas and equipment, shall be maintained in a reasonable condition and secured by Grantee. Grantee shall ensure that its use of the Property is consistent with all local,state and federal laws,ordinances,and regulations. 5. Exclusive and Non-Exclusive License. Grantee's license to use those portions of Grantor's Property denominated on as "Exclusive (Exclusive Area:") shall be for the sole and exclusive use of Grantee,subject to Grantor's right to use the Exclusive Area for its own communications facilities or other public purposes in the future, as well as for the purpose of maintenance of the Property and Grantor's equipment. Grantee's license to use all other portions of Grantor's Property shall be non-exclusive, and Grantor shall have the right to use its Property and to authorize others to do so as Grantor, in its sole discretion, may determine. In the event that the use of the Property by others to whom Grantor may hereafter authorize such use constitutes an unreasonable or harmful interference with Grantee's use of the Property, or if Grantor utilizes any or all of the Exclusive Area, Grantee may give notice to Grantor of such interference. If the interference is not corrected within thirty (30) days after the giving of such notice,Grantee may terminate this Agreement upon notice to Grantor. 6. Utilities and Taxes. CADocumenls and Settings\jjohnsonV ocal Settings\Temporary Internet Fi1es\OLK3\Ed=Piaire Franlo Redline It.14.06.doe 2 (a) Grantee will be responsible for installation and payment of all utilities required by its use of the Property. Grantee may, solely at its expense and subject to prior approval. of Grantor, install or improve existing utilities servicing the Facility and may install an electrical grounding system or improve any existing electrical grounding system to provide the greatest .possible protection from lightning damage to the Facility, as depicted in Exhibit B, hereto. Grantor will reasonably cooperate with Grantee's efforts to improve existing utilities on the Property for Grantee's use,or to connect the Facility to existing utilities on the Property, and Grantor will reasonably consider execution of any easement, right-of-way or similar agreement that Grantee or a utility service provider may reasonably request for any such purposes. (b) Grantee shall pay personal property or real estate taxes levied against or upon the Facility or the Property by Grantee. Grantor will provide to Grantee a copy of any notice of taxes or special assessments imposed upon the Facility or Property as a result of the Facility or use of-the Property by Grantee,which Grantor may receive from any taxing authority. Subject to any and all limitations imposed by law, Grantee may contest, at its own expense,any such taxes or assessments. 7. Maintenance. All costs for maintenance of the Property that result from Grantee's use of the Property shall be paid promptly to Grantor by Grantee upon Grantor's incurring the cost thereof. 8. OwnershiiR of Facility. (a) During the term of this Agreement and any Extended Term,ownership of the Facility will remain in the Grantee. Upon termination of this Agreement for any reason, including expiration of the Term or an Extended Term,the Facility shall become the property of Grantor, except (a)the transmitting,receiving, antennas switching equipment and cabinets commonly associated with wireless telephone service, and (b) those portions or components of the Facility which Grantor notifies Grantee of Grantor's desire to have removed. Grantee shall, not less than sixty (60) days from the termination of this Agreement or the effective date of notice,remove those portions or components of the Facility required to be removed by Grantee and shall restore the Property from which they have been removed to its condition at the commencement of the Term. Prior to the Commencement Date, Grantee, at its sole cost and expense, will procure and deliver to Grantor an irrevocable letter of credit in favor of Grantor in the principal amount of Ten Thousand Dollars($10,000.00) to secure Grantee's obligation to remove those portions or components of the Facility. In the event Grantee fails to remove those portions or components of the Facility required to be removed within the time or C:1D==ants and Setlingslyohnson)L=al SettingATemporary Internet Fdes\OLK31Eden Praire Franlo Redline 11.14.06.doc 3 times provided, Grantor may do so. Grantee shall reimburse Grantor for all costs incurred by Grantor to remove those Portions or components of the Facility and restore the Property. Grantor may draw from the letter of credit so much thereof as will reimburse Grantor for its costs. Any amount remaining will be refunded to Grantee. if the letter of credit is insufficient to cover Grantor's costs, Grantee shall promptly pay to Grantor the deficiency. (b) Notwithstanding anything to the contrary herein, the parties acknowledge and agree that in accordance with terms and conditions of the attached Addendum to License Agreement ("Addendum"), which is incorporated herein by this reference, Grantee will, among other things, replace the Existing Tower (as defined in the Addendum) with a New Tower. (as defined in the Addendum). The Addendum also specifies the parties' respective rights and obligations with respect to other matters relating to the Existing Tower and New Tower. 9. Defense and Indemnification. (a) General. Grantee shall defend, indemnify and hold harmless Grantor and its elected officials, officers,employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, causes of action and liens, including reasonable attorneys' fees and other costs and expenses of litigation (i) which may be asserted against or incurred by Grantor or for which Grantor may be liable in the performance of this Agreement, except those which arise solely from the negligence or willful acts of Grantor, its employees, agents or contractors, and/or (ii) arising out of the installation, operation, use, maintenance, repair, removal,or presence of Grantee's Facility on the Property. (b) Hazardous Materials. Without limiting the scope of Subparagraph 9 (a) above, Grantee will be solely responsible for and will defend, indemnify, and hold Grantor, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Grantee's use of Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall mean: Any substance or material defined or designated as hazardous or toxic waste,hazardous or toxic substance,pollutant,contaminant, or other similar term, by any federal, state or local environmental statute, regulation, order or ordinance presently in effect, including, without limitation,asbestos and petroleum products. (c) Grantee's Warranty. Grantee represents and warrants that its use of the Property will not generate and Grantee will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials. C Documents and Settings\jjAnson\Local Settings\Temporary Internet Fiies\OLR3\Eden Praire Franlo Redliac IIJ4.06.doc 4 The obligation of this Paragraph 9 shall survive the expiration or other termination of this Agreement. (d) Grantor's Warranty. Grantor represents and warrants that it has no knowledge of any Hazardous Materials on the Property in violation of any applicable law. 10. Insurance. (a) General Liability. Grantee shall maintain an occurrence form comprehensive general liability insurance coverage. Such coverage shall include, but not be limited to, bodily injury, property damage — broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual liability, independent contractors, and products/completed operations. Grantee shall maintain aforementioned comprehensive general liability coverage with limits of liability not less that $2,000,000 each occurrence; $2,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits. (b) Grantee Property Insurance. Grantee shall keep in force during theTerm and any Extended Term a policy covering damages to its Facility at the Property. The amount of coverage shall be sufficient to replace the damaged Facility, loss of use and comply with any ordinance or law requirements. (e) Hazardous Materials Coverage. Grantee must carry sufficient coverage,to the reasonable satisfaction of the Grantor, for damage caused by Hazardous Materials. (d) Excess Liability. Grantee shall maintain an excess or umbrella liability policy with a combined single limit of$5,000,000.00 per occurrence. (e) The insurance policies noted in this Section (10) shall be issued by a company (rated A- or better by Best Insurance Guide) licensed to do business in the state of Minnesota,and the liability policies that Grantee is required to maintain pursuant to this Agreement shall name the Grantor as an additional insured. The insurance polices shall provide that the Grantee's coverage shall be the primary coverage in the event of a loss. The policies shall also insure the indemnification obligation(s) contained in Section 9. A certificate of evidencing all insurance that Grantee is C:1Doau rents and settiugsujotmson)I=al SettingATemporary Internet Files\0LK3\Eden Praire Franic Redline 11.14.06.doc 5 required to maintain pursuant to this Agreement, together with an endorsement that names Grantor as an additional insured under the liability policies that Grantee is required to maintain pursuant to this Agreement, must be provided to the Grantor before Grantee, or any party acting on Grantee's behalf or at Grantee's behest, enters the Property for the purpose of constructing or placing any Facility or relaxed material on the Property. The Certificate(s) shall also provide that the coverage(s) may not be canceled, non-renewed, or materially changed without thirty (30)days prior written notice to Grantor. 11. Temporary Interruptions of Service. When Grantor determines that continued operation of Grantee's Facility would cause or contribute to an immediate threat to the public (including maintenance and operating personnel) health and/or safety, Grantor may without prior notice to Grantee cause discontinuance of operation of Grantee's Facility or may order Grantee to discontinue its operation. Discontinuance of Grantee's operation shall include,but not be limited to shutting down the transmission of electromagnetic waves or impulses to or from the Facility. Grantee shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Grantee, Grantor shall notify Grantee soon as possible after its action and give its reason for taking the action. Grantor shall not be liable to Grantee or any other party for any interruption in Grantee's service or interference with Grantee's operation of its Facility. If the discontinuance shall extend for a period greater than three days, either consecutively or cumulatively, Grantee shall have the right to terminate this Agreement within its sole discretion without any prior notice. Any license fees paid by Grantee for any period of time after the date of termination shall be refunded to Grantee. Notwithstanding anything to the contrary in this Agreement, Grantor acknowledges and agrees that the FCC is the only parry that has jurisdiction over the health effects and permissible exposure levels of wireless communications facilities. 12. Interference with the Property. Grantee shall not interfere with Grantor's use of the Property(and others to whom Grantor has granted the use of the Property)and agrees to cease all such actions which unreasonably and materially interfere with Grantor's or other's use of the Property no later than three(3)business days after receipt of written notice of the interference from Grantor. If the interference cannot be eliminated within 30 days after Grantee has received written notice, either Grantor or Grantee may at its option terminate this Agreement immediately. 13. Interference with Communications. Grantee's use and operation of its Facility shall not interfere with the use and operation of other communication facilities of Grantor. If Grantee's Facility causes interference, Grantee shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Grantor's written notice of the interference, Grantee shall immediately cease operating its Facility and shall not reactivate operation, except intermittent operation for the purpose of testing,until C:\Documem and seWngAgolmsonU.ocal settingffemporary Internet FilesMICAEden Praire Franco Redfine 11.14.06.doe 6 the interference has been eliminated. If the interference cannot be eliminated within 30 days after Grantee has received Grantor's written notice, Grantor may at its option terminate this Agreement immediately. 14. Additional Covenants. Grantee shall(a)use natural gas or propane (and shall not use gasoline or diesel fuel)for energy to power an engine to operate a generator to be installed on the Property, if any, (b) not use any process or method in the installation, maintenance or removal of any Improvement upon the Tower by means of welding, cutting tool or other device which could damage the Tower, including its interior and exterior paint or any equipment attached thereto, (c) protect the Facility from damage or harm in the event of the repair or maintenance of the Tower or other facilities of Grantor, (d) not, without Grantor's consent, remove, cut or trim any trees or other vegetation on the Property, and (e) replace significant trees (as defined in Eden Prairie City Code) lost or reasonably anticipated to be lost as a result of construction of the Facility upon the Property in accordance with the provisions of Eden Prairie City Code Section 11.55, Subd. 5.C.9. 15. Default. The following shall constitute an event of default by Grantee. ("Grantee's Defaulf" : (a) Grantee's failure to pay fees or other amounts due hereunder within fifteen (15)days after receiving written notice of such failure from Grantor. (b) Grantee's failure to observe or perform any non-monetary covenant or condition contained in this Agreement within 30 days after written notice to Grantee specifying such failure and requiring Grantee to remedy the same; provided, however, that Grantee will not be in a non-monetary default hereunder if it commences curing such default within such 30 day period and thereafter diligently prosecutes the cure to completion with all reasonable expediency. (c) The adjudication of Grantee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Grantee under the federal bankruptcy laws or any other applicable law or statute of the United States of American or any State thereof,or the appointment by such a court of a trustee or receiver or receivers of Grantee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit in each case,the order or decree remains unstayed and in effect for ninety(90)days. (d) The filing by Grantee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Grantee; or the filing by Grantee of a petition or CADoruments and Settings\bohnsonEocal Settings\Temporary Internet FilesiOLKMEden Praire Frardo Redline 11.14.06.doc 7 answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Grantee of a petition to take advantage of any debtor's act. (e) Grantor shall be in default under this Agreement if Grantor fails to observe or perform any covenant or condition contained in this Agreement within 30 days after written notice to Grantor specifying such failure and requiring Grantor to remedy the same; provided, however, that Grantor of be in a non-monetary default hereunder if it commences curing will n �3' e iod and thereafter diligently rosecutes such default within such 30 day nP YP the cure to completion with all reasonable expediency. 16. Remedies. Upon either parry's default, the other party shall be entitled to seek any available remedy at law or in equity; and shall be entitled to terminate this Agreement as provided herein, seek specific performance, and/or seek damages. The exercise of one or more of such remedies by either party shall not be deemed an election or waiver of the right to exercise any other remedy. 17. Duty to Repair. At its sole cost and expense, Grantor shall have the duty and obligation to keep the Tower and the Land in good condition and repair and in compliance with applicable federal, state and local laws, rules, regulations, codes and ordinances. Grantor shall have no duty or obligation to keep,maintain,repair,restore, replace or modify any of Grantee's facilities, fixtures, personal property or Facility located thereon or therein. 18. Terminaation. In addition to Grantor's right to terminate this Agreement pursuant to Section 16 hereof, Grantor shall have, and reserves, the right in its sole discretion to terminate this Agreement at any time if: a Grantor determines, after consultation with a licensed structural engineer I that the Tower is structurally unsound for use as a Tower for any reason, including, but not limited to, considerations related to the age of the structure, damage to or destruction of all or part of the Tower or the Property from any source, or factors relating to the condition of the Property; provided, however, that Grantor shall provide Grantee at least one (1) year's prior written notice of any termination pursuant to this subsection 18(a);or (b) Grantee does not commence installing the New Tower or Facility within Twelve(12)months of the Commencement Date. (c) Grantee shall have the right to terminate this Agreement upon at least one hundred eighty (180) days' prior written notice if Grantee determines that Comments and SettingAijohmnEocal Settings\Teanporary lnte=t Files\OLK3\Eden Praire Fmnlo Redline 11.14.06.doc 8 the Property or Facility are unnecessary or inappropriate for Grantee's operations for economic or technological reasons. Upon termination of this Agreement pursuant to Grantor's or Grantee's right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the parties' obligations under this Agreement shall cease, except Grantee's obligations with respect to Sections 8 and 10 of this Agreement and to make payment of any amounts to which Grantor is entitled at such time. Termination shall not relieve Grantee of any liability by way of damages to which Grantor may be entitled upon Grantee's Default hereunder. 19. Limitation of Liability. Notwithstanding anything to the contrary in this Lease,in no event will either party be liable to the other party for, or indemnify the other party against, punitive, indirect, incidental, special or consequential damages, including,without limitation,loss of profits,income or business opportunities. 20. Condemnation or Destruction. In the event the whole of the Property is damaged by casualty to the extent that it can no Longer serve its intended purpose under this Agreement, or taken by eminent domain,this Agreement shall terminate as of the date of the damage or the date that title to the Property vests in the condemning authority. In event a portion of the Property is damaged by casualty to the extent that it can no longer serve its intended purpose under this Agreement, or taken by eminent domain, either party shall have the right to terminate this Agreement as of said date of title transfer, by giving thirty(30)days' written notice to the other party. In the event of any taking under the power of eminent domain, Grantee shall not be entitled to any portion of the reward paid for the taking and the Grantor shall receive full amount of such award. Grantee hereby expressly waives any right or claim to any portion thereof. Although all damages,whether awarded as compensation for diminution in the value of this Agreement or the fee of the Property, shall belong to Grantor, Grantee shall have the right to claim and recover from the condemning authority, but not from Grantor(unless Grantor is the condemning authority), such compensation as may be separately awarded or recoverable by Grantee on account of any and all damage to Grantee's business and any costs or expenses incurred by Grantee in moving/removing its Facility. 21. Additional Buildings. Grantee acknowledges that Grantor may permit additional buildings to be constructed on the Property. At such time as this may occur, Grantee will permit said buildings to be placed immediately adjacent to Grantee's give the 1l allow attachments to its building building, if any, and will g as toi so g appearance that all buildings are a connected facility. Said attachments will be made at no cost to Grantee and will not compromise the structural integrity of Grantee's building. 22. Extended Terms. Grantee shall have the right to extend this Agreement and the license for three (3) additional five (5) year terms ("Extended Terms') by giving Grantor written notice of its intention to do so at least six(6)months prior,to the CADoo ments and SeVbgsljjotmson%mai SettingATempormy Internet ReAOLO\Eden Praire Pranlo Redline 11.14.06.doc 9 end of the Term or the then current Extended Term. The annual license fees for the Extended Terms are as follows: First Extended Term Second Extended Term Year 6 $12,000.00 Year 11 $14,599.83 Year 7 $12,490.00 Year 12 $15,183.83 Year 8 $12,979.20 Year 13 $15,791.18 Year 9 $13,498.3 7 Year 14 $16,422.83 Year 10 $14,038.30 Year 15 $17,079.74 Third Extended Term Year 16 $17,762.93 Year 17 $18,473.45 Year 18 $19,212.39 Year 19 $19,980.88 Year 20 $20,780.12 23. No Representation or Warranty — Conditional Grant. Grantor makes no representation or warranty regarding the condition of its title to the Land or its right to grant to Grantee the license. Grantee is entering into this Agreement and the use of the.Land is subject to Grantee's own investigation and acceptance therefore"as is." Grantee's rights granted pursuant to this Agreement are subject to and subordinate to all limitations, restrictions, and encumbrances relating to Grantor's interest in the Land that may affect or limit Grantor's right to grant those rights to Grantee. 24. Entire Agreement. This Agreement contains. all agreements, promises and understandings between Grantor and Grantee with respect to the Property which is the subject matter hereof, and no verbal or oral agreements, promises, or understandings shall or will be binding upon either Grantor or Grantee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this Agreement will operate as a waiver of any of the rights provided hereunder or by law or equity, nor will any waiver of any prior default operate as the waiver of any CMocuments and Setfingsl johnsonEocal SetangsWemporary Internet Files\OLV Eden Praire Franco Redline 11.14.06.doc 10 subsequent default,and no express waiver will affect any term or condition other than the one specified in such waiver and the express waiver will apply only for the time and manner specifically stated. The invalidity of any portion of this Agreement shall not have any effect on the balance thereof. The provisions of this Agreement shall run with the Land and be binding upon and inure to the benefit of the successors, and assigns of Grantor and Grantee. This Agreement may be executed in multiple counterparts, each of which will be deemed an original,but all of which together will constitute a single instrument. 25. Interpretation. This Agreement and the performance thereof shall be governed, interpreted,construed,and regulated by the laws of the State of Minnesota. 26. Assignment This Agreement, and rights hereunder, may be sold, assigned or transferred at any time by Grantee to Grantee's parent, affiliates or subsidiaries, any party that merges or consolidates with Grantee or its parent, or any entity which acquires substantially all of the assets of Grantee, without notice to or the consent of Grantor. As to other parties, this Agreement may not be sold, assigned, or transferred without the written consent of Grantor, such consent not to be unreasonably withheld or delayed. For purposes of this paragraph, a "parent," "affiliate" or "subsidiary" means an entity which directly or indirectly controls,is controlled by or under common control with Grantee. In the event of a sale, assignment or transfer to a parent, affiliate or subsidiary, Grantee shall remain liable for the full performance of Grantee's obligations hereunder unless Grantor expressly releases Grantee from such liability in writing. Grantor hereby consents to the assignment by Grantee of its rights under this Agreement as collateral to any entity which provides financing to Grantee. 27. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Grantor by delivering it personally to the Manager of Grantor; or if it is directed to Grantee, by delivering it personally to Lease Administration Department of Grantee; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized,reputable overnight courier,properly addressed as follows: If to Grantor. City of Eden Prairie 8090 Mitchell Road Eden Prairie,MN 55344 Attn: City Manager If to Grantee: T-Mobile USA,Inc. 12920 SE 38'Street Bellevue,WA 98006 Attn:PCS Lease Administrator With a copy to Attn: Legal Department With a copy to: T-Mobile Central LLC CADocuments and Set ings�j sonEocal Settings\Tempomry Intemet Files\OLK3\Eden Praim Franlo Redline 1I.14.06.doe 1 J 8550 W.Bryn Mawr Ave.,Suite 100 Chicago,IL 60631 AttrL Lease Administrator(MPLS) Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party,in any manner above specified, 10 days prior to the effective date of such change. 28. Recording_of Memorandum. Grantor shall execute and Grantee shall be permitted to record at any time a memorandum of this Agreement. If this Agreement is terminated prior to the expiration of its Term, or an extended Term,Grantee shall record an appropriate instrument to clear the memorandum from the title to the Land. 29. Quiet Enioyment. Grantor covenants and agrees that as long as Grantee is not in default hereunder beyond any applicable grace or cure period, Grantee's right to use and quietly enjoy the Property will not be disturbed by Grantor. Q\Documams and SeuingAiijohmO-ocal SettingslTemporary Internet Files\OLK3\Eden Praire Fran)o Redline 11.14.06.doc 12 IN WITNESS WIIEREOF, the parties hereto have set their hands and affixed their respective seats the day and year first above written. GRANTOR CITY OF EDEN PRAIRIE Date: ,2006 By: Its: Mayor By: Its: Manager Taxpayer ID#: 41-0855460 GRANTEE T-MOBILE CENTRAL LLC Date: A l o s/• 17 ,2006 By: ���.._ Name• h Its: 15 ra 3 ailS , Taxpayer ID#• Q\Documents and SettingAijohnsouEoeal SettingATemporary intemet Files10LKMEden Pmire Fxanlo Redline 11.14.06.doe 13 I STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2006,by and respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF M M,05ofu, ) )ss. COUNTY OF V 1 ) The foregoing instrument was acknowledged before me this I7`�(7 day of N,qy,e !-e K ,2006,by e S the of T-Mobile Central LLC,a Delaware limitdd liability company,on behalf of the company. SUSAN MAE STREETS i Notary Public Minnesota y comcrossion Expires January 31,2010 Notary Public P:\Ho=\1MT-Mobi1e Leeseffranto Road Draft\Eden Prairc Franlo Redline 11.14.06.doc III CMDauments and Settings\jj6hnsonV=W SettingsWomporary Internet Files\OLK31£sden Praire Franlo Redline 11.14.06.doc 14 EXK !f HIB TT A PROPERTY DESCRIPTION Located in Hennepin County road right-of-way at the northwest corner of County Road 41 and Franlo Road. EXHIBIT"B" Site Plan and Tower ATTACHED b s s a a , VICINITY MAP PROJECT DATA mazawr "al�w°Ymim an.xrt • iM�Latta ■ ■ ■ 0 ■ Mobile V GENERAL NOTES SCOPE OF SUPPLY PROJECT TEAM 1. m con.aa ammnerer u wac n am.NroN mnae Nw�aarr na aww�u_. as :M Nt0"°'"0wavw1°`,w.e°ba°m"a w, e°Nwo.°"0�0.m 7wa�s sarl vm 1tliganlx"r"""` s®mommn a yq!N wrc/rcpw asm nor arrwa�r eaN"�T' xAw t um anF co uc�rrow acre ii IOIIONK OFI rdM[ N�M if. 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'� EDEN PRAIRIE SIREN a apla oraors va naR w a awao m wr a and Pavrc • - .+ :.a a` AIP O,S I SCONS AND DETAILS CNT' rPIONR TwLT •Mobile• EDEN PRNEk DpN20TM D xrw MINNBAPOLL4 RABBET wr.oer-+saw wsa sa+s- ow araar-.. ws arsaraaa • • a s a i R!R_U"Lffy StIMCE ONE— UNE DIA MW STANIMRD(24" • nia �� MOM MAW" P�IMa N (�a/•I•a Ca000e ae�exNN r NP••oa•q rawnm. Lana �tnPl �Jll +nayt r aa.srm.maaa p1 ya xn•.n•oaeucmie nw r••cr m� '� �® C m awt � ao ar•xna art ! a j1 yR {{ • w aae arc 1 �.--®^' 1 0°+eK"°a�°°a""° .r I • va.•a src � I � i PIDIt ewno Maw a sm paewu x mmronq }�' sJa e•a �m �a�ue aYaw� 1 �roi rear M .� ae�•eaur vo•wamA • • fa1,P, •• �v6 Egg AND GROUNDM PIA m ae•a• a aumi � 1.��101a m N1101 aR01M 1 Mwo ItlN m aI101A0 ae�lllwrRaacr� 1i0 F r/�.u.u.•.wa m awe•w o ar.an F w<•aeu•Oa•t•rieai•m■ a.o mom a.� �a�P•I�OwT F Y6'111W aP�00D01t W a9fl aapMa ma Yin NO an•••Poeacn a•Po 1 FIimL aNY P I000P6T oao•e a w m row Pn•iaoa a avaMx � x tlOcama arc owmaa�m�"D aeaw eee. a �+ sa rnr.aeon. nnau a. wu a•na.ram• ;�"ii0s ,•;,'�,^ EDBN PRAIRI!81REN a VW *WMM vAwt • OEM -- � ' " r. ~ rw' AtP091uwmm�wamm T Mobile aPOYTERANDCJROONDIN6PLAN °.r..w w� w PRIM04 PKQ t i1FiNA.O RMP O)OJ PWYRR:,aAIdiESOTA St UMNEAPOUS MARKET nw+n+. ►e .•• �r ao ■� AtPOlt-Et 3 e asavors-rao.o a. n.o mews-so. nNawrw EXHIBIT "C" CONDITIONS PRECEDENT 1. All permits from all local or federal land use jurisdictions for the intended use. 2. All local airspace authorities and FAA determination of no hazard to airspace. 3. FCC authorization to utilize this location for the intended use. 4. Grantee's technical reports must establish to its exclusive satisfaction that the Property is capable of being suitably engineered to accomplish Grantee's intended use of the Property. 5. Grantee's technical reports must establish to the Grantor's exclusive satisfaction that the installation will not interfere with other communication devices and systems presently in place. Page 18 of 22 EXHIBIT "D" EQUIPMENT LIST FOR INTIA.L INSTALLATION (TO BE PROVIDED BY GRANTEE) Page 19 of 22 EXHIBIT"E" TECHNICAL MINIMUM SITE STANDARDS Page 20 of 22 EXHIBIT"F" ANTENNA SITE INSURANCE REQUIREMENTS Grantee shall obtain and carry liability insurance which shall be written for not less than the following limits for any one person or occurrence with such insurance naming Grantor as additional insured: Bodily Injury: $ /Each Person $ /Each Occurrence Property Damage $ /Each Occurrence Such insurance shall be maintained at all times during the term of this Agreement and shall be evidence by certificate of insurance to be filed by Grantee with Grantor prior to using the demised Premises or Property. Page 21 of 22 EXHIBIT"G" MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that an Agreement was made and is hereby entered into by written Agreement effective the day of ,2006,between the City of Eden Prairie("Grantor")whose address is as set forth below and ("Grantee"), whose address is set forth below, the terms and conditions of which are incorporated herein by reference. Such Agreement provides, in part, that Grantor, for valuable consideration,will grant to Grantee use of a part of that certain property owned by Grantor and described in Exhibit A attached hereto and incorporated herein for a term of five(5)years commencing on the , 2006, which term is subject to three (3) additional five (5) year option � terms. IN WITNESS WHEREFOR,the parties have executed this Memorandum of Agreement this!day of 72006. GRANTOR: GRANTEE: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 By BY Its Mayor its, 63 And Its City Manager Subscribed and sworn to before me Subscribed and worn to before me this day of ,2006. this J-/4"day of O/, _oe�, 2006. Signature of Notary Signature of Notary Notary Public of Hennepin County Notary Public of �k,�pP r O 0h+ J MY Commission expires My Commission expires -31--C? P-.\Home\EP\T-Mobile Leases\TMobile Franlo Road Anent 7-7-06.doc SUSAN MAE STREETS } Notary Public Minnesota y Cowlebion empires Ja+uuy 31,2010 Page 22 of 22 ADDENDUM TO LICENSE AGREEMENT In the event of any conflict or inconsistency between the term and conditions of this Addendum and the terms and conditions of the Agreement, the terms and conditions of this Addendum will govern and control. Unless otherwise defined herein,all capitalized terms used in this Addendum will have the same meanings such terms are given in the Agreement. 1. Replacement of Existing Tower with New Tower. The Property is suitable for Grantee's use only if Grantor's existing siren tower on the Property("Existing Tower")is removed and Grantor's and Grantee's respective new equipment is installed on the new tower(the "New Tower"). The New Tower shall be a 59' tower of sufficient structural capacity to accommodate the equipment of Grantor and Grantee. 2. Contingencies. Notwithstanding anything to the contrary in the.Agreement, Grantor and. Grantee acknowledge and agree that this Agreement is contingent upon Grantee obtaining all governmental approvals necessary for the installation of the New Tower. In the event that such contingency is not satisfied, Grantee shall have the immediate right to terminate this Agreement upon written notice to Grantor, and neither party will have any further rights, duties, obligations or liabilities hereunder. Prior to commencing construction of the New Tower, Grantee shall obtain and submit to Grantor copies of all governmental approvals necessary for the construction of the New Tower. Grantor shall cooperate with Grantee's reasonable business efforts to obtain governmental approvals. 3. Cost of New Tower. Grantee shall be solely responsible for all costs.and expenses relating to the purchase and installation of the New Tower,including freight to the Property, foundation installation costs,New Tower erection costs,costs associated with the construction of a fence or other provisions for security,the cost of drawing telephone and electric services to the New Tower,tower grounding costs,the cost of building and other permits,the costs of erosion control and drainage,landscaping costs,the cost of environmental and geotechnical studies, the costs of all design and engineering plans and specifications and surveys, zoning costs(including, without limitation, filing and application fees), and costs incurred regarding FAA and FCC compliance, and any and all other required federal regulatory filings. Further, Grantee shall be solely responsible for all costs and expenses relating to the dismantlingdismantling of the Existing Tower,provided,however,that Grantee will not dismantle the Existing Tower from the Property until it receives written notice from Grantor that the New Tower and Grantor's equipment thereon are operational. Upon Final Completion (as defined below), Grantee shall convey ownership of the New Tower to Grantor via a bill of sale. Grantor will be responsible for all costs and expenses associated with removing the Existing Tower from the Property and using or disposing of the Existing Tower in any manner that Grantor chooses. Grantee shall list Grantor as a named beneficiary of any and all Warranties issued on or in connection with Grantee's purchase of the New Tower. Grantee shall assign to Grantor any and all rights obtained through or under any such Warranties. 4. Cost of New Siren Equipment. Grantee shall be solely responsible for all costs and expenses relating to the purchase and installation of one(1)new 2001SRNB Electra-Mechanical Siren and One(1) Healy Ruff radio control, and four(4)Delco Voyager,batteries,as described in Exhibit D (the"Siren"). Grantee shall list Grantor as a named beneficiary of any and all Warranties issued on or in connection with Grantee's purchase of any and all New Siren Equipment: Grantee shall assign to Grantor any and all rights obtained through or under any such Warranties. 5. Construction of New Tower. The parties shall agree upon the location of the New Tower on the Property and the location of their respective equipment on the New Tower prior to the commencement of construction. Prior to Grantor's removal of the Existing Tower, Grantee shall construct the New Tower on the Property in accordance with the terms and conditions of this Agreement. Prior to Grantor's removal of the Existing Tower, all new Siren Equipment on the New Tower shall be functional and operational to Grantor's satisfaction. Prior to commencing the construction of the New Tower, Grantee will obtain Grantor's approval, not to be unreasonably withheld, conditioned or delayed, for the construction drawings which shall detail the planned location and specifications of(i)the New Tower,(ii) all utility connections for the Property upon which the New Tower will be located,and(iii)all equipment of Grantor and Grantee which is to be installed on the New Tower and the Property. Grantor acknowledges and agrees that Grantee shall have the right to install up to three(3) antennas and twenty- four(24)lines of coaxial cable on the New Tower. 6. Relocation of Grantor's Equipment Grantee shall be solely responsible for the installation of Grantor's equipment(including the Siren) and utility connections on the New Tower. From and after Final Completion, Grantor, at its sole cost and expense, will be responsible for ensuring that the New Tower and Grantor's equipment thereon(including the Siren)are kept in good condition and repair and in compliance with all applicable federal, state and local laws, rules, regulations, codes and ordinances. Grantor will also be responsible for paying all utility costs relating to the operation of Grantor's equipment on the New Tower. 7. Construction Schedule. Grantee agrees to use its reasonable business efforts to: (i)obtain all governmental approvals with respect to the New Tower on or before Dec.31, 2006; and(ii)obtain Final Completion, as defined below, of the New Tower on or before Feb.l, 2007 (the "Final Completion Date"). Grantee and Grantor agree that the time periods set forth above, including the Final Completion Date,shall be extended on a day-today basis for a reasonable period of time if the completion of the New Tower is delayed through no fault of Grantee and if the delay is a result of. (a) delays in obtaining governmental approvals from the applicable governmental jurisdiction, or (b) extraordinary weather conditions or Acts of God. Grantee shall provide written notice to Grantor upon the occurrence of any event that Grantee believes may result in a delay of the completion of construction. The notice shall include the nature of the event causing the delay, the date upon which the event occurred, and the anticipated period of delay. As used herein, "Final Completion" shall occur when the local jurisdiction in which the New Tower is located has inspected the New Tower and has issued a final unconditioned certificate of occupancy or equivalent certification with respect to the New Tower. If Grantee is unable to obtain Final Completion of the New Tower by the Final Completion Date, the parties may by mutual agreement extend the time for Final Completion. S. Rent. In consideration of Grantee constructing the New Tower and conveying ownership thereof to Grantor, Grantee shall not be required to pay any license fees or rent to Grantor during the initial Term of this Agreement. For the first year of the first Extended Term, if any, rent Grantee shall pay rent at the rate of$12,000. For each successive year thereafter, rent shall be increased by 4% per annum until the termination of this Agreement. 9.Hennepin County Fi t-of-Way Construction Permit.—Attached as Exhibit F GRANTOR CITY OF EDEN PRAIRIE Date: ,2006 By: Its:Mayor By: Its:Manager Taxpayer ID#: 41-0855460 GRANTEE T-MOBILE CENTRAL LLC Date: r ,2006 By: - --'�-- Name: Its: P:VIon T?7-Mobile Lemeffmio Road Dmft\Eden Prairie TowerRepla-men{Langoage 11-14-06.d- a z I r "B Series •Ideal for.butdooi warning he 2001 Siren is a high power, rotating, uni-directional siren •New& improved rotating Tthat offers an anechoic certified signal strength of 128 dBC mechanism and patented_ at 100 feet. The high decibel output provides maximum stator/horn design coverage with minimum installation cost. Radio activation can increases efficiency, further minimize installation costs by eliminating the need for sound output, and leased dedicated control lines. power.output. The siren's projector produces a 60 degree projection of sound k 28 dBC output which rotates at 3 RPM and can produce three signals options: Steady,Wail, and Fast Wail. •Directional, rotating The 2001 Siren will supply a minimum of 15 minutes of full siren for maximum power output from its batteries after AC power loss. The siren coverage controls are available with battery operation, .*Three distinct warning AC operation, and AC operation with signals battery back-up; One-way and -Full battery operation or Two-way radio control or f s i'w zir battery back-up landline. - r= Ideally suited to •Maintenance-free sealed provide warning for + bearing motors ; °w'; hazardous weather4 � . -Weather resistant coating conditions, fires, floods, �_ Y chemical spills, and •5 year limited warranty ' other types of emergencies, the 2001 IF "�war4ng the world" siren is a perfect choice n N to protect any community. s •r-� � 'Z4 t-tirA m IS Z­ "su L FEDERAL SIGNAL. CORPORATION Exhibit� Federal Warning Systems Ili,ll;Ii1�E1111�{IIIiI lllllllll Ili I11,NI�CIi�f1�IlEi 1111Ei111►1l flil�ll�IiNll iiilllllillil 11 ililiiiiiiiiiiNiiliiiiiiiliiiiillilliiilliliiiililiiiiiiliiiliii �i ilii l�l l 111 ` lili Oil<'41 POWER REQUIREMENTS* Siren Motor: 48V (DC or full wave rectified AC) ORDER INFORMATION* 110 amps. (nom.) 2001SRNB Rotating Electro-mechanical Siren Rotator Motor: 48V (DC or full wave rectified AC) 128 dBC, 48v DC, Pole Mount included 1 amps. (nom.) i WIRING Siren Motor: 2 AWG Rotator Motor: 12 AWG MOTOR TYPE Siren: Series Wound DC 6 Hp 2001 DCT-' 120v AC controller, NEMA4 control Rotator: Permanent Magnet DC 1/6Hp cabinet,four chargers,two 48v DC SIGNAL INFORMATION contactors and NEMA 3R battery Si nal Frequency a Sweep Rate cabinet. 224 lbs. 102 kg STEADY 790 Hz N.A. *2001 Siren requires a Federal Controller, WAIL 470-705 Hz 10 sec. (See Controller Product Literature) FAST WAIL 600-705 Hz 3.5 sec. 'For use with Electro-mechanical sirens. Antenna and cable are not included with any radio Signal Duration: 3min. (programmable) activation control and must be purchased separately. Signal Output(SPL): 128 dBC (on axis) at (See your FwS Representative), 100'(30.5 m) 'Batteries not included.Four Delco Voyager Effective Range at 70dBC: 5600ft Model M24MF required. Rotation: 3 RPM Landline Option DIMENSIONS 2001 HR Rotator Holding Relay for use with Height x Width x Depth: 55"x 37"x 41" external timer. 140cm x 94cm x 10cm SIREN,MODEL2"ISNNB WEIGHT Shipping Weight:450lbs. (205 kg) OPERATING TEMPERATURE -300C to +600C** RA * Power requirements refer to the power supplied AN,EN FWSRryrwMMNW t - by the batteries or optional AC operation with battery back-up. FEDERAL CONTROLLER IB°.FNdw1RK"u,. OPTIONAL AC 4.c.w.u.i ld°m,tlenl TRANSFORMER **The siren can operate throughout this AND DC RECTIFIER temperature range provided that battery SERVICE DISCONNECT temperature is maintained at-1 BOC or higher. """"'""""""" BATTERY CABINET H Sm.n.q !SO 9D01 FEDERAL StBPML CORPaRAMN Federal Waming Systems ®_ 2645 Federal Signal Drive, University Park, IL 60466-3195 Cads Nd N0 Sales: 8001548-7229- Fax:708/534-4855 sioa Visit us at www.federalwarningsystems.com QUOTATION FEDERAL SIGNAL CORPORATION Quotation No.:Fws 123005344 ar Federal Warning Systems Reference quote no.on your order Name City DI Pden Prairie Date 12001205 Co.Name Kir}y Paulson • Rgferenco_..nr n.t, �.ntRp,strr3n Address _ 15151I Technnl-a r)rlve city,State,Zip Fdpn Prairie dart 553" CUSTOMER COPY Phone No. 952 949 8548 SALESPERSON COPY Fax No. 952 294 5955 - OFFICE COPY upon receipt of your older and acceptance by Federal Signal Corporation,the equipment herein will be supplied at the quoted prices below.Delivery schedule cannot be established until radio information Is su lied if licable. Net Cost Item Federal Each Total Cost No. Qty. ModeUPart.No. Desert tion 1 1 2001 SRNB 128 db Rotating Siren 2 3 1 DCB DC Control UnittBattery Cabinet 4 5 1 2001 HR Rotator Holdin Rela for Heal Ruff 6 7 1 MISC. MN Sales Tax 6.5% 8 9 1 MISC. Shi in from Factoly 10 11 1 TOTAL Equipment Tax, Shipping 12 13 14 *Does not include Healy Ruff Radio Control 15 16 Does not include installation on Class 2 17 wood pole or 4 Deico Voyager Batteries 18 19 20 months). This (days nr►for (d ! Prices are firm for 30 days from the date of quotadlon are firm unless shown otherwise. Upon acceptance,pncas ion to or modirx af(d such Terms shall quotation is expressly subject to acmptance by Buyer of all Terms stated on ilia reverse,side hereof,and arty except not be binding on Seder unless expressly accepted in wr€ting by an authorized agent or Of I . Any order submitted to Seiner on the basis set forth above,in whole or in part,sham constitute an acceptance by Buyer of the Terms on this the a side y such order shall be subject to acceptance by Seller In its discretion, if the total price for the items set forth above ex then this q all IS ONLY VALID"rf countersigned below by a Regional Manager of the Signal Division,Federal Signal Corporation. F.O.B. Unhasky Park,IL BY. sa e EST.DEL.WT. ADDRESS: Federal Wami S ,Inc. t Ave. DELIVERY 4—6 Weeks (ARO) TERMS NET 30 DAYS Equipment BY: Federal Sipnel r GouMarefpned FREIGHT TERMS See Line Item Above TITLE: Purchase order MUST be made out ta: Federal Signal Corporation,Federal Warning Systems,2645 Federal Signal drive,university Park,IL$0466-VOS pap 1 of 2 ii d� A t a^ � x nt���z Ytzdx7i; 1 1 TABLE OF CONTENTS Paragraph Page SECTION I - CHARACTERISTICS 1-1 Scope of this Manual ............................................................................. 1 1-2 General .................................. .............................................................. 1 1-3 Siren Description ................................................................................... 1 1-4 Signal Description .................................................................................. 1 SECTION 11 - SPECIFICATIONS 2-1 Specifications ........................................................................................ 2 SECTION III - INSTALLATION 3-1 Siren Location ........................................................................................ 3 3-2 Siren Installation .................................................................................... 4 3-3 Pre-operation checkout ......................................................................... 6 SECTION IV- SERVICE AND MAINTENANCE 4-1 General .................................................................................................. 8 4-2 Inspection .............................................................................................. 8 4-3 Corrective Maintenance.......................................................................... 9 vi SECTION I CHARACTERISTICS 2001TRB. This option supplies DC current t, directly to the siren from a 220/240VAC line. ,fcs Two motors are used to create the siren signals. One motor rotates the siren assembly. The second motor, which produces the sound energy, is attached to a stator with a rotor mounted on the motor shaft concentric to the stator. The rotor and stator each contain one row of ports. As the motor rotates the rotor, air is drawn into the rotor and passes through the rotor and stator ports in pulses. These pulses are produced when the rotor alternately opens and closes the stator ports. The pulses of air produce sound at a frequency (pitch) that is dependent upon the rotational speed of the motor and the number of ports in the rotor- Figure 1-1. Model 200 1 SRNB stator combination. 1-1. SCOPE OF THIS MANUAL. 1-4. SIGNAL DESCRIPTION. This service manual describes the The 2001SRNB siren is capable of characteristics, specifications, installation, producing a steady signal and a wailing controls/theory of operation, and service and signal. The steady signal is frequently used maintenance of the Federal 2001SRNB as a Civil Defense "Alert" signal. The wailing siren. signal is often used as a Civil Defense 1-Z. GENERAL. "Attack" signal. Any of the signals are capable of being used for any desired Federal's 2001SRNB siren (figure 1-1) is application. These signals are shown an electro-mechanical, DC, rotating siren that graphically in figure 1-2. is capable of producing high intensity warning signals over a large area. A highly STEADY SIGNAL "ALERT efficient design enables the siren to produce a high sound level, while making moderate demands on the power source. (� WAILING SiCNAL "ATTACK" 1.3. SIREN DESCRIPTION. ` AUX1 SIGNAL "FIRE" 291A134A The 2001SRNB siren is a single tone siren capable of producing a 128 dB sound Figure 1-2. Signal Characteristics. level at 100 feet for a minimum of 15 minutes, when using the 2001 DCB Control Unit/Battery Box with fully charged, standard, deep-cycle, marine batteries. 30 minute duty cycle operation is available with option 1 SECTION II SPECIFICATIONS Power Requirements* Siren Motor...................................................48V(DC or full wave rectified AC) 105 amps. (nom.) Rotator Motor...............................................48V(DC or full wave rectified AC) 1 amp. (nom.) Wiring SirenMotor...................................................2 AWG Rotator Motor............................................... 12 AWG Motor Type Siren..............................................................Series Wound DC 6.5 Hp Rotator...........:..............................................Permanent Magnet DC 1/8 Hp Signal Information Signal Frequency Range Sweep Rate STEADY 790Hz N.A. WAIL 470-790Hz 10 sec. FAST WAIL 600-790Hz 3.6 sec. Signal Duration.............................................3 min. (programmable) Sound output SPL ..........................128dBc(on axis)at 100'(30.5m.) Rotation....................................................................3 RPM Dimensions(HWD)..................................................55"x 37"x 41" 1397mm x 940mm x 1041 mm Shipping Weight.......................................................410 pounds(186.4kg.) Operating Temperature..............................................300C to+60°C** " Power requirements refers to the power supplied by the batteries or optional AC operation with battery back up. `*The siren can operate throughout this temperature range provided the battery temperature is maintained at-180C or higher. 2 SECTION III INSTALLATION weather conditions, the terrain, obstructions DANGER in the sound path, the pitch of the sound and Electrocution or severe personal the height of the siren. injury can occur when making optimum sound propagation conditions electrical connections, drilling holes, exist when there are no obstructions in the or lifting equipment. Therefore, sound path, the terrain is flat, and the air is installation should be performed by calm. Under these conditions, each time the experienced electricians in distance from the siren is doubled, the sound accordance with national and local level decreases by approximately 10dB. For electrical codes. example, the sound level at 100 feet(30.5m) from a 2001 SRNB siren is 118dB.At 200 feet 3-1. SIREN LOCATION. (61m), the level drops to 117dB; at 400 feet (122m) the sound level drops to 108dB; etc. The information in this section provides This is referred to as the "loss per distance guidelines to aid the user in the selection of doubled". an installation site that makes the best A loss per distance doubled of 10dB is possible use of the siren. usually experienced because buildings and other obstructions are frequently present in WARNING the sound path. In addition, the atmosphere output level of a 2001 SRNB is rarely calm, and the terrain may not be flat. The out P As a result, a typical loss per distance siren is capable of causing doubled in residential areas may be 100, permanent hearing damage. To and as high as 12dB in areas having tall prevent excessive exposure, buildings or other factors detrimental to carefully plan placement of siren sound propagation. and post warnings. Experience indicates an individual with If the siren is being installed as part of a normal hearing will probably hear a warning Community Warning system, ALWAYS follow signal whose intensity is at least as high as Federal Emergency Management Agency the ambient noise level. (FEMA)recommendations. Experience has also shown that the Careful consideration of the factors ambient noise level in industrial districts is affecting the propagation of sound from the typically 90dB. Therefore, for a person to siren and the response of the human ear to hear a warning signal in an industrial area, the sound will optimize the ability of the siren the sound level intensity of that signal must to effectively warn the community. also be approximately 90dB. In this situation, any point receiving a signal having less than The reduction of signal intensity as the 90dB intensity is considered to be outside the distance from the siren increases and the effective range of the siren. minimum desired signal level at the fringe of the area to be covered are important In business districts an ambient noise considerations when choosing a siren level of 80dB is common, and in residential installation site. As the distance from the areas, 68dB of ambient noise is typical. siren increases, sound level losses Assuming a 10dB loss per distance doubled accumulate. These losses are a result. of and a 70dB minimum sound level, the 3 effective range of the 2001SRNB siren is ground. It is attached to the pole by means of approximately 5800 feet. legs, as shown in figure 3-2. Wind speed and direction often affect the SIREN,A,DDELiOMSMB propagation of sound from the siren. Consequently, the direction of the prevailing Eti wind may also be a factor to consider when WAYERPRODF CONDUT selecting the installation site(s) of a small, F "°`V"M' one or two-siren system. For example, if the prevailing wind is from the west, it may be MSTALLEHNSAS REWdesirable to install the siren toward the ANUEL LNG EN ANGL£LEO6 AND POLL western edge of the area to be covered. SIREN ASSOMY OROUMD R"IM No.�CO>PAA NiNJ CONNECT MRECRYTOONE OROIMD ROD Other factors to consider before ""No TIMEER unLm POLE selecting the installation site include the availability of electrical power, the ease of SMLY.� installation and maintenance, the height of 1CWW WOU"Lrb) surrounding obstructions, and security against vandalism. P CEOF MWN"CCHANWL SIREN CONTM COMET 3-2. SIREN INSTALLATION. TNRIMM.AC 59 Fr. TRANEFORRTER ,V. AND DC RECTIRER A. General. SPR'NCE0°SDONHECT (W31ptlE"6UMU�N RkODREC) O Most siren installations are one of two DMTERY COMET types: Pole Mount or Flat Surface Mount. (VRENC NT EiREN aRai uMR These two configurations make it possible to ,M WITHNO °� install a siren in almost any situation. If the TO ESM ASY=ONO1VEN D EASY ACCE SEWICE MR MANTIMAinstallations in this paragraph are not REQUM 9ffl E REpU1RE HO= me"aHDDLD NOT EXCEED suitable, modification of one of the TE PT.FROOOROUND LEVEL configurations may be practical. CONCRETE"DD7N,60"'°"AL LOCAL CONDTDONS DETERWA A siren is typically installed 50 ft. above the ground. If the installation is located less than ��• �:HM4COPPEROR OD NP, TOEEM 4rM 50 ft. above the ground, the sound intensity GALV,4VIM""O.S►DRPPOOR CONIINUOU3 Np.S COPPER at close range may increase, but at the same A WMEs"1iD°`""`' time the effective range of the siren may be reduced. Conversely, if the siren is located more than 50 ft. above ground, the effective ; GR ND LEVEL range of the siren may increase, but the I "°re:REFER TD ALL APPLICAELE ELECTRICAL I CODES HAVMD JURISDCF1CM FOR THE sound may skip over areas closer to the �. RUN LOCATION siren. These variables may make it desirable 2RUN SEPARATE DRDUND V=FROM THE 11RWND RODTO YHE pRaN.CZROL, to test the sound coverage of the siren at IDO,TRE AND T"E AC 078DOtDIECT• various heights and locations whenever 29023370 possible. REV. ° B. Pole Mounting. Figure 3-1. Typical Pole-mounted Installation A typical siren pole-mounted installation is shown in figure 3-1. The siren is mounted on a Class 2 utility pole 50 ft. above the 4 SIREN o 3. Erect the utility pole in accordance BASE PLATE with accepted practices. Be sure the pole SEE DETAIL � �; extends about 48 ft. above the ground (refer mow �i t_ to WARNING above). I HE ' 4. Raise the siren to the necessaryt „-- height, and lower it over the pole. GiD l 5. Adjust the legs and insert shims, if necessary, between the siren legs and pole. ° Bott the siren to the pole using two 5/8" lag bolts, at least four inches long for each leg. ' @ I Tighten all bolts. C. Flat Surface Mount. D � o This installation configuration is practical when the installation site is on a flat roofed 112.13 HEX NUTS(8) building. The siren can be anchored directly SPLIT Lo w"HERS(a) to the roof, on a platform as shown in figure 1/2.13 HEX HD.BOLTS(8) � LEGS(4) 3-3, or on a weight distribution mat like the one shown in figure 3-4. Pi7907A This mat is required when the siren Figure 3-2. Siren Leg Assembly. mounting surface is unable to support over 176 pounds per square foot -(859kg per Using the 3 ft. long angle iron legs, the square meter). The mat shown in figure 3-3 siren is mounted on the Class 2 utility pole as distributes the siren weight to approximately follows: 25 pounds per square foot(122kg per square meter). When installing the siren on a flat 1. Uncrate the siren and remove the roof, be sure that it clears the parapets or nuts that hold the siren on the shipping base. other obstructions by at least ten feet. Lift the siren approximately 3-1/2 ft. with a crane or hoist. To install a 2001SRNB on a flat roof or other flat surface, proceed as follows: 2. Install the four legs on the siren mounting plate, as shown in figure 3-2. Use 1. If desired, construct a platform for two 1/2" bolts, nuts and lockwashers mounting the siren, which must be capable of (provided) for each leg. Do not tighten the supporting at least 395 lbs. (179kg.) as well bolts completely. as withstanding a siren wind load of 100 mph. The platform must also be capable of WARNING distributing its own weight plus the siren to a value that is safe for the mounting surface. The lifting bracket does NOT have Platform design and construction details are sufficient strength to support the left to the installer. Locate the platform at the combined weight of the siren and a siren installation site. Using suitable utility pole. Therefore, do NOT hardware (not supplied), anchor the platform attempt to erect the pole and siren to the mounting surface. together using the bracket as a lifting point. 5 IFT. IFT BRACKET WARNING The hoisting bracket does not have sufficient strength to support the combined weight of the siren and a platform. 'therefore, do NOT lift the siren and platform together using SEE DETA#L "A" the bracket as a lifting point. 8 TO 1ONDUIT 2. Hoist the siren to the installation site IF REQUIRED) using the lift bracket as a lifting point(refer to wooD OR STEEL WARNING above). PLATFORM 3. Anchor the siren to the mounting ROOF surface with 1/2" lag bolts or nuts and bolts, as appropriate through the mounting holes ° ANCHOR LAG SCREWS (one in each corner) in the siren base plate SIREN INTO PLATFORM AND (see figure 3-3, detail A). If the siren is CONTROL ROOF MEMBERS mounted directly on a roof, (without a x A PROFESSIONAL/ platform or weight distribution mat)be sure to TO CONTROL STRUCTURAL ENGINEER install waterproof joints at the points where DEVICE SHOULD REVIEW the mounting bolts pass through the roof so MOUNTING LOCATIONS BATTERIES AND METHODS PRIOR that water does not enter the building. TO INSTALLATION. 3-3. PRE-OPERATION CHECKOUT. SERVICE After the siren has been completely DISCONNECT installed, perform the following checks before TO POWER SOURCE putting the siren into service. SEAL IF WIRING PASSES THROUGH WALL OR ROOF 17.28 WARNING 8-64--I 2.30 3.35 5.98 3.35 2.30 The output sound level of a siren is capable of causing severe hearing permanent hearing 3. 5 6a discomfort or g 6 1.62 damage. Ther efore, ALWAYS wear 0t , I6.00 hearing protection'when performing 022.32------ tests or maintenance on the siren. 3.35 20X 00.54 4X 2.37 A. Make sure that all air intakes and sound outlets are not obstructed. 4X 4.94 4X 45' 2913oaA y� DETAIL "A' B. Make sure all connections in the Control Unit/Battery Box are correct and Figure 3-3.Typical Surface-mounted Siren Installation properly tightened. C. Push the wail button on the control panel. Check for proper rotation and sound of siren. 6 all control devices be padlocked to D. After the installation is complete and discourage tampering and vandalism. it has been established that the siren is operating properly, Federal recommends that 2"x6"x96" I.G. (2) 4"x6"x96" LG. (5) 4"x6'x47" LG. (2) ANCHOR TO RIGID SUPPORT 0.69 DIA. SIREN MTG. HOLES (3) i 27.50 11.63 PLACE ROOFING FELT AND TAR 41.0D UNDER ALL TIMBERS 96.00 11.63 REFERENCE; SQUARE 48.00 SUGGESTED ROOF MAT 4 MOUNTING HOLES ARE ON A 11.63" 27 50 FOR WEIGHT DISTRIBUTION RADIUS BOLT CIRCLE LOCATED (APPROX. 12 LBS. PER SO. FT.) FROM CENTER OF ROOF MAT. 2at27ta OUTLINE OF BASE PLATE Figure 3-4. Weight Distribution Mat Construction 7 SECTION IV SERVICE 4-1. GENERAL. wire in the Battery Box before inspecting or maintaining the siren. DANGER 4-2. INSPECTION. Service should be performed by Test the 2001SRNB siren for proper qualified personnel familiar with the operation at least once a month. A daily test siren, associated controls, and at noon, curfew, or other selected time is power sources being used. The preferred. This not only enhances the siren has moving parts, high usefulness of the siren, but instills public operating currents, explosive gases, confidence In the reliability of the warning and corrosive materials that could system. cause severe personal injury, electrocution, or death. Before In order to minimize the possibility of servicing or maintaining, ensure that siren failure, annual inspection and remote activation can not occur and maintenance is desirable. Battery disconnect power to the siren and its replacement should be performed controls. approximately every five years. This schedule is only a suggested guideline. It Experience has shown that all Federal may be necessary to vary the schedule if the sirens are highly reliable devices. However, if siren is used frequently or if it is used in an a siren failure does occur, Federal will extreme climate. provide technical assistance with problems A. Turn off the power to the siren at the that cannot be handled satisfactorily and promptly locally. If assistance is desired, disconnect switch. Disconnect the 48VDC, 4AWG red wire in the Control Unit. contact: FWS Customer Care Center B. Inspect the siren installation to be Signal Division sure that it is vertically oriented. Take Federal Signal Corporation corrective action if a pole-mounted 2645 Federal Signal Drive installation is more than 5 from vertical or if University Park, Illinois 60466 a roof or fiat surface mount is more than 100 Univer Univer 4-3021 from vertical. This will prevent lubrication losses and excessive motor bearing wear. WARNING C. Inspect all electrical and mechanical connections. Make sure that all fasteners are The output level of a 2001SRNB properly tightened. siren is capable of causing permanent hearing damage. D. Inspect all painted surfaces and Therefore, ALWAYS wear hearing repaint as necessary. protection when performing tests or maintenance on the siren. E. Both the rotator motor and. siren motor have sealed and pre-lubricated To prevent the siren from sounding bearings. Therefore, neither of these motors or rotating, always turn off the power requires any additional lubrication. to the siren at the disconnect switch and remove the 48VDC, 4AWG red 4-3. CORRECTIVE MAINTENANCE. 30 pounds (11 and 13kg.), the drive band requires adjustment. This section includes illustrations that may be helpful if the siren or rotator needs 2. To adjust the drive band: repair. (a). Perform steps (a)., (b)., and (c). WARNING in paragraph 4-3.A.1. (above) to determine if a drive band adjustment is necessary. To prevent siren from sounding or (b). Ensure that power to the siren rotating, always turn off power at the is disconnected. disconnect switch and disconnect the 48VDC, 4AWG red wire in the (c). Remove the panel opposite the Control Unit before performing any conduit fitting on the rotator housing. maintenance on the siren. (d). Tighten the cross bolt with the A. Drive Band Adjustment spring one or two turns (see figure 4-2). DO NOT tighten or loosen the cross bolt without 1. When the drive band requires the spring. Attach the scale to the horn and adjustment, tightening is almost always pull on the scale to rotate the horn. If the necessary. To determine if a drive band scale does not indicate between 25 and 30 adjustment is required: pounds (11 and 13kg.), repeat this step until the scale indicates the proper force. (a). Turn off power to the siren at the disconnect switch. Remove the 48VDC, PINION GEAR SPRING SPUR GEAR 4AWG red wire in the Control Unit. (b). Attach a spring scale having a capacity of at least 50 pounds (22kg.) to the ? ROTATOR GEARMOTO horn of the siren as shown in figure 4-1. I TERMINAL BLOCK SIDE PANELS a 1300A Figure 4-2. Rotator Assembly Interior Figure 4-1. Spring Scale Attachment to Siren. CAUTION (c). Pull on the scale until the horn If the cross bolt with the spring is begins to rotate. Continue to rotate the horn tightened so that more than 40 by pulling on the scale while reading the pounds (18kg.) of pull is necessary scale. The scale should indicate between 25 to maintain manual horn rotation, to 30 pounds (11 and 13kg.). It may require high winds may cause damage to more than 40 pounds of force to start the the rotator drive mechanism. horn moving. However, after the horn is moving, the scale indication should decrease (e). Replace the panel on the to some force within the specified range. If the scale does not indicate between 25 and rotator housing. 9 5. Remove the worn collector ring B. Collector Ring Brush Replacement. brush from the brush holder in the brush holder bar. (See figure 4-5). 1. Open cover by removing screws and lockwashers. COVER ;N WING NUT �hs1 WIRES ' ' BRUSH . HOLDER BRUSH 291304A 'y Figure 4-5. Brush HolderAssy. COVER PLATE �,+a"'`~ J 291302A n F' Jl 6. Insert the replacement brush into Figure 4-3. Collector Ring Housing the brush holder. If the brush protrudes through the brush holder so that the 2. Remove the wing nut on the top installation resembles figure 4-6B, the wire of the collector housing assembly. (See length needs to be shortened. figure 4-3). 3. Note wiring on top cover before CAUTION removing the wires. The wire connected to the brush 4. Remove the four bolts on the may break if it is twisted side of the collector housing assembly (see excessively. Therefore, do not turn figure 4-4) and remove the brush assembly. the metal disc to shorten the wire Note-, Press down on brush assembly while more than absolutely necessary to removing the four bolts. Brush assembly is obtain the proper length. under spring tension while in position. 7. To shorten the wire length, remove BRUSH ASSEmatY " ' the brush from the brush holder and turn the � " metal disc on the end of the spring one or y'•::: TERMINAL / BLOCK two turns counterclockwise (see figure 4-6A). Repeat steps 6 and 7 until the installation looks like figure 4-6C. BOLTS(4 � '^.291303A Figure 4-4, Installation/Removal Brush Assy. �. Figure 4-6. Slip Ring Brush Replacement. 10 C. Collector Ring Removal. 7. Remove the collector rings with stand-offs and cables still attached (see 1. Remove the brush assembly as figure 4-8). described above. 8. Reassemble the collector rings, 2. Disconnect the three wires from the stand-offs, and cables before reinstallation. terminal block (TI35) inside the rotator housing and begin feeding wires up into the _..: L MOM, x.. siren shaft SEE figure 4-2 . BOLTS/5TAN0.0F S 4 ( g ) �" s COLLECTOR RINGS 3. Federal suggests that the rotator ll� drive band be loosened, as described in paragraph 4-4.B., to rotate the siren during removal of the collector ring bolts. y� eta 3 CAUTION - €f � �r t s 7o prevent damage to the cover ._�:�,_ "�_ _ assembly, use a piece of wire to secure the cover in an open position e.Y before removing 9 the housin 's back panel, COVER PLATE 4. Remove the back panel to expose OPENwG the cover plate on the collector housing assembly. Figure 4-8. Collector Rings 5. Remove the cover plate. 9. To replace collector ring assembly, align the stand-offs before replacing the four 6. Manually rotate the siren and bolts removed in step seven above. remove each of the four bolts that hold in the collector rings (see figure 4-7). Access to 10. Ensure that collector rings are these bolts can be gained through the cover concentrically aligned before replacing the plate opening. brush assembly. 11. Replace the brush assembly. COLLECTOR RING "' STAND-OFF 12. Look through the cover plate opening and ensure that brushes are contacting the proper collector rings. « 13. Replace the cover plate on the collector housing assembly. 14. Replace the back panel. a D. Rotator Motor Replacement. REMOVE BOLT(4) COVER PLATE OPENING 1. Remove the two rotator housing panels(see figure 4-2). 291305A Figure 4-7. Collector Housing Opening 11 2. Replace the rotator motor. E. Siren Motor Brush Replacement. Approximately a 1/64" gap between the teeth of the two gears is required to avoid binding. 1. Remove the outer cone. Remove Re-tighten rotator motor bolts to a torque of the inner cone by removing the four 114-20 45 in. lbs. bolts which secure the cone to the four internal mounting brackets(8402087E-01). ROTATOR ROTOR 2. Note siren motor wiring and remove both terminal connectors. 3. Remove steel mesh brush covers FRa1 ,� CONTROL 2 2 from motor. . CARIt&T 3 3 4. Replace worn brushes. Figure 4-9. tiring for Rotator Motor 5. Replace steel mesh brush covers. 3. Wire rotator motor and terminal block as shown in figure 4-9. 6. Replace terminal connectors, lockwashers, and nuts.Tighten nuts. 4. Grease all gear surfaces with Mobil Mobilith SHC lithium based grease.3 7. Replace inner and outer cones. 5. Replace housing panels. i 12 TMP mm t RMILIATE ;�CR,_k 6WA 67 89 43 JI 22 IB47 TO Cof'ER 1BIB914 19 78 13 40 77 $2 55 APRr LOCOTE to GENE SETSOM. TORQUE to 48 B3 BTU 62 35 15 9 Sf 81 TORWE CEIMOTOR 00VNQ1G BOLTS iN)45 N-EB(MAx) SEE STAIMN ONE ASSEMBR 94TRVC11ON5 FOR ROTATOR GE~OR. 3J/e 56 AI 97 B 33 59 8 34 30 61 ERE 67 t O O O O SECTION A-A AJM lRVWM OR BRACNEES N0N WE86 ON MAMA. 30 34 8 56 54 49 W f9 M BI 7B APPLY APPVW, OZ.BLUE MY SEMI STATOR R IOC.RAZE. 16 37 32 66 36 84 E6 89 87 ro WILLLCiOR //�1 1 19 39 29RM - t`s�S � 000, 41 84 13 28 39 - O O O - �N610R 70 J 14 23 SECTION C-C 74 82 AOO RAPER INN LATER of RBI-lo-ol RI TOP or mutcm RI'm ZI 71 38 12 8 34 75 Cg40 •KOIBREO N CEAlIM 26 68 8 33 p 64 10 34 2t 29 13 35 n e3 44 so 12 73 3a 21 93 16 17 N/A Tom 80.13 ro W N-L8(LAC) 48 F. N/A Rr NONE SECTION D-0 SECTION B-8 al iIB FINAL ASSY•2001SRNB 8402152A CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5655 ITEM NO.: VILC. Leslie Stovring Approve Change Order for Removal of Public Works/Environmental Stormwater Sediments from Two Bays in Red Services Rock Lake Requested Action Move to: Approve Change. Order for the Red Rock Sediment Removal Project to Parrot Contracting, Inc., in the amount of$3,950. Synopsis The Red Rock Lake sediment removal project was approved on February 7, 2006. However, due to weather conditions, adequate ice did not form and excavation of the south bay was not completed as proposed. The Change Order is for completion of the project in 2007, depending on adequate weather conditions to allow over the ice access to the south bay. The change is needed to reflect additional mobilization and an increase in current market value of the items needed to complete the project. The Change Order request is $3,950, for a total contract cost of $40,875. By utilizing a Change Order,no additional consultant fees are required. Background Information The Red Rock Lake sediment removal project was to remove sediment deltas which had built up over time within two bays in Red Rock Lake. The sediment thickness was found to range from a few inches to 6 feet in depth. Homeowners around the two bays had requested that staff evaluate these areas and remove the sediment buildup as needed. A permit for the work was received from Riley-Purgatory-Bluff Creek Watershed District on January 4, 2006. The work on the smaller bay was completed in 2006. Completion of the southern bay was not completed, as the ice conditions for moving equipment and vehicles to the site were not safe. The Change Order is to allow the contractor time to evaluate winter conditions through the season and move to complete the project if conditions w will b delayed arrant. If safe ice conditions do not form in 2007, the work for the second bay e de y and re-bid next fall for the 2008 winter season. Funds for this project will come from the Stormwater Utility Fee. Attachments • Attachment I—Change Order#1 w. table CHANGE ORDER#1 Date: 9/22/06 To: City of Eden Prairie City Improvement Contract#: I.C. 05-5655 Project Name: Red Rock Lake Sediment Removal Contractor: Parrott Contracting, Inc. Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: L. Adjust contract unit prices to reflect additional mobilization and increase in current market value of items, and extend contract substantial completion date to March 1, 2007 and fmal completion date to June 1 2007. Excavation of the south bay was not completed in 2006 due to lack of ice thickness. Adjustments to Contract Price: 1. See attached Table 1. $ 3,950.00 Summary of Contract Changes: Contract Amount prior to Change Order#1 $ 36,925.00- Net Increase resulting from Change Order#1 $ 3,950.00 Current Contract Amount including Change Order#1: $ 40,875.00 THE ABOVE CHANGES ARE APPROVED: !LThorp Pellinen Olson,Inc. City of Eden Prairie B ors.- By Date /D-Z'I D(o Date THE ABOVE CHANGES ARE ACCEPTED: Parrot ,Cpntr ing, Inc. BY Date TABLE 1 CHANGE ORDER#1 Red Rock Lake Sediment Removal Remaining Original Adjusted Increase Item Contract Unit Unit In Unit Contract # Item Description Q Unit Price Price Price Increase 1 Street Sweeping 4 Hrs $75.00 $85.00 $10.00 $40.00 2 North Bay Excavation 0 Cu.Yds. $41.00 $62.00 $21.00 $0.00 3 South Bay Excavation 150 Cu.Yds. $41.00 $62.00 $21.00 $3,150.00 4 Rock Construction Entrance 1 Each $2,500.00 $2,700.00 $200.00 $200.00" 5 Topsoil,Seed&Mulch 0.1 Acres $4,000.00 $5,000.00 $1,000.00 $100.00 6 Rip Rap(Class IV) 20 Cu.Yds. $55.00 $78.00 $23.00 $460.00 7 Orange Contruction Fence 200 Lin.Ft. $8.00 $8.00 $0.00 $0.00 8 Construction Signing 1 Lump Sum $1 250.00 $1,250.00 $0.00 $0.00 Total $3,950.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5642 ITEM NO.: VII.D. Mary Krause Approve Change Order No. 1 for Public Works/Engineering Hilltop Road Improvement Project Requested Action Move to: Approve Change Order No. 1 for the Hilltop Road Improvement Project to Three Rivers Construction, in the amount of$2,474.25. Synopsis This Change Order includes payments for extra work associated with the adjustment of existing utility structures and services to fit the new street profile. Background Information The project was awarded to Three Rivers Construction on July 18, 2006 in the amount of $591,483.39. With the approval of this Change Order the contract amount will be $593,957.64. The majority of the project has been completed;the sewer, water, storm sewer and street is in with the remaining work for next spring to include some turf restoration and the final bituminous lift on the street. Attachments • Change Order No. 1 Change Order No. 1 Date of issuance: November 16,2006 Effective Date: November 16 2006 Project: Owner. Ownees Contract No.: Reconstruction of Hilltop Road City of Eden Prairie I.C.No.05-5642 Contract: Date ofConoact Street and Utility July 26,2006 Contractor. Fnginaer's Project No.: Three Rivers Construction A-EDENP0601.01 The Contract Documents are modified as follows upon execution of this Change Order: Description: 1. The existing sanitary sewer manhole at SW corner of 16500 Hilltop Road was adjusted per the owner to match the new roadway profile. 2. Due to existing water main conditions,the top elevation of the new hydrant at the west end of Hilltop Road was too low and an extension was added per the owner. 3. Existing sanitary service from 16555 Hilltop Road was lowered below the proposed storm sewer in the easement per the owner. Attachments(list documents sunoortine chance): 1. Three Rivers Construction Time and Materials Invoice dated 10116106. 2. Three Rivers Construction Time and Materials Invoice dated 10/23/06. 3. Three Rivers Construction Time and Materials Invoice dated 10/10/06. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion(days or date): $591.483.39 Ready for final payment(days or date): [Increase][Decrease]from previously approved Change [Increase][Decrease] from previously approved Change Orders Orders No. to No. No. to No. Substantial completion(days): $ Ready for final payment(days): Contract Price prior to this Change Order: Contract Times prior to this Change Order. Substantial completion(days or date): $591,483.39 Ready for final payment(days of date): Increase of this Change Order: [Increase][Decrease]of this Change Order- Substantial completion(days or date): $2,474.25 Ready for final payment(days or date): Contract Price incorporating this Change Order. Contract Times with all approved Change Orders: Substantial completion(days or date): $593,957.64 Ready for final payment(days or date): REC ENDED: ACCEPTED: ACC�\PTE ByZ%��C By; En ineerOAutho' Signature) Owner(Authorized Signature) 1C/onnttractor(AupDrized Signature) Date: Date: Date: Approved by Hind ng Agency(if applicable): Date: EJCDC No.C-941(2002 Edition) Page 1 of 1 Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #07-5690 ITEM NO.: VILE. Randy Newton Approve Professional Services Public Works/Engineering Agreement with SRF Consulting Group for Singletree Lane Improvements Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group for Singletree Lane Improvements. Synopsis The improvements to Singletree Lane between Highway 212 and Eden Road have been identified as necessary improvements in conjunction with the proposed Windsor Plaza and Bobby and Steve's Auto World Developments. In order to accurately define the right-of-way needs and to meet a potentially aggressive construction schedule staff recommends proceeding with the design work in advance of the development approvals. Background Information The planned improvements to Singletree Lane include upgrading the roadway to a 4-lane divided roadway with left turn lane between Highway 212 and Eden Road. The project will include pedestrian facilities along both sides of the road and a new traffic signal at the Singletree Lane/ Highway 212 intersection. The improvements were developed based on the Solomon Development Traffic Analysis completed by SRF Consulting Group. The improvements are necessary to accommodate the proposed Windsor Plaza and Bobby and Steve's Auto World Developments but do not preclude the future realignment of Singletree Lane and West 78t` Street. The Singletree Lane Improvements are considered an interim improvement to accommodate the near-term needs in the Major Center Area. The Major Center Area Study did identify the realignment of Singletree Lane and West 78t' Street as a near-term improvement, however at City Council direction the near-term implementation of the realignment project was postponed. The realignment of Singletree Lane and West 78t'Street continues to remain the long term plan for the roadways. Financial Implications Including the Design Services contract for$111,206 the total cost for the Singletree Lane Improvements are currently estimated at$750,000 excluding right-of-way, landscaping, and lighting costs. With the exception of approximately one half of the traffic signal costs ($100,000) all costs associated with the design and construction of the Singletree Lane Improvements will be the responsibility of the Windsor Plaza/Bobby and Steve's Auto World Developer. The remaining traffic signal costs are expected to be aid b MnDOT. P g g p p Y In addition to the $750,000 project estimate,the landscaping and lighting elements are estimated at approximately$200,000. The landscaping and lighting elements for the adjacent street frontages are typically constructed directly by the Developer. However, because the City is implementing the roadway improvements and in order to provide consistency on Singletree Lane and with future Town Center streetscaping these elements are being included in the Singletree Lane Improvements. It is anticipated that half of these costs will also be the responsibility of the Windsor Plaza/Bobby and Steve's Auto World Developer. The other half will be the responsibility of the City. With the landscaping and lighting elements the total project cost is estimated at$950,000 excluding right-of-way. It is estimated that the total assessment cost to the Windsor Plaza/ Bobby and Steve's Auto World Developer will be $750,000. Approximately $100,000 will be the responsibility of the City for landscaping and lighting along the north side of Singletree Lane. The remaining$100,000 is expected to be paid by MnDOT for their portion of the Highway 212 /Singletree Lane traffic signal. As part of the development, the Windsor Plaza/Bobby and Steve's Auto World Developer will dedicate the necessary right-of-way for the improvements on the south side of Singletree Lane. The costs for the right-of-way on the north side of Singletree Lane will be the responsibility of the City. At this time there is no estimate of this cost. The City cost for right-of-way, landscaping, and lighting will be paid using TIF monies received for MCA transportation improvements. Attachments • Professional Services Agreement SRF PROPOSAL No.P06603 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the dayof 20 , between the City of Eden ty Prairie,Minnesota(hereinafter "City"),whose business address is 8080 Mitchell Road,Eden Prairie,MN 55344, and SRF Consulting Group, Inc., a Minnesota corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150,Minneapolis,MN 55447. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Singletree Lane and TH 212 Final Design,hereinafter referred to as the"Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in the attached proposal letter dated November 30,2006, in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in the proposal letter within a mutually agreed-upon time schedule. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in an amount not to exceed$111,206 for the services as described in the proposal letter. A. Any changes in the scope of the work which may result in additional compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. 1 C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the report for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for professional services performed. Bills submitted shall be paid in the same manner as other claims made to the City. A. Pro reg ss Pument. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 313, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work,and reproduction of reports. 6. [Intentionally left blank.] 7. Project Manager and Staffing. The Consultant has designated Matt Hansen and Mark Hansen to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. The Consultant may not remove or replace Matt Hansen or Mark Hansen from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County,Minnesota for professional services of the like kind. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models,photographs, and reports 2 prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from through the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven(7) days'written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement,no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work,without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100,the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq.,Title VI of the Civil Rights Act of 1964,and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement,nor any interest arising herein,without the written consent of the other party. 3 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions,or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. 21. Indemnification. The Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs,judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain an insurance policy as follows: 1. $1,000,000 Each Occurrence 2. $2,000,000 General Aggregate 3. $1,000,000 Auto Liability 4. $2,000,000 Excess/Umbrella Liability B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. 4 C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. A copy of the Consultant's Declaration of Insurance naming the City as an additional insured must be provided to the City prior to commencing work. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts,and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes.Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 5 28. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 30. Whole Agreement. This Agreement constitutes the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between the City and Consultant. Any subsequent modifications must be in writing signed by both parties. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager SRF CONSULTING GROUP,INC. By: Randall F.Geerdes,PE Its:President 6 November 30,2006 Proposal No.P06603 Mr. Randy Newton,PE,PTOE Traffic Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344 Dear Mr.Newton: SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR SINGLETREE LANE AND TH 212 FINAL DESIGN Based on your request, we are pleased to submit this proposal to provide professional services for final design of the Singletree Lane and TH 212 project area. SRF recently assisted the City with a Singletree Lane traffic operations analysis based on the proposed development in the southwest corner of Singletree and TH 212. The traffic operations study included recommended roadway improvements to accommodate the proposed development. This proposal includes the professional design services necessary to develop final construction plans for the recommended roadway improvements. SCOPE OF SERVICES We propose to carry out the work as described in the enclosed Scope of Services. SCHEDULE AND BUDGET We understand that the City expects to move forward quickly with this project. It will be necessary to develop the design to the point of identifying all right of way needs as quickly as possible. We plan to complete our work in time to allow for 2007 construction, although the improvements may be constructed in 2007 or 2008 depending on the developer's progress. We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our Scope of Services, we estimate the cost of our services to be as follows: Mr.Randy Newton,PE,PTOE -2- November 30, 2006 TASK DESCRIPTION COST 1.0 Project Management and Coordination $ 10,315 2.0 Surveys and Mapping $ 14,248 3.0 Utility Coordination $ 5,550 4.0 PreliminaryDesign 30%submitted $ 6,060 9 ( ) 5.0 Preliminary Landscape Design $ 9,840 6.0 Traffic Signal Design $ 15,282 7.0 Street Lighting Design $ 14,384 8.0 Landscape Construction Documentation $ 7,166 9.0 Construction Staging and Sequence $ 1,650 10.0 Right of Way $ 3,758 11.0 Final Plans, Specifications and Estimate $ 16,528 12.0 Permits $ 3,470 13.0 Bidding Administration $ 1,870 Estimated Direct Non-salary Costs 1,085 Total Estimated Fee $111,206 Our total estimated not-to-exceed fee is $111,206, including expenses. Our fee is based on an estimated P construction cost of$750,000, constructing the project in 2007 or 2008. The scope of work assumes that a portion of Singletree Lane between Eden Road and TH 212 will be closed to through traffic during construction. If this condition changes, we will need to modify our Construction Staging and Sequence task. CHANGES IN THE SCOPE OF SERVICES/ADDITIONAL SERVICES It is understood that if the scope or extent of work changes or additional services are requested, the cost will be adjusted accordingly. Before any out-of-scope or additional service work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. Matthew D.Hansen,PE,LS Principal MDH/bls Enclosure This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. 12/112006 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 1 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. PROJECT:SINGLETREE LANE/TH 212 FINAL DESIGN *****ESTIMATED PERSON-HOURS'**** TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS 1.0 PROJECT MANAGEMENT AND COORDINATION 1.1 General day-today project management,administration,work scheduling 4 0 12 0 0 0 16 and coordination of tasks(12 months). P 1.2 Establish ongoing project coordination with City of Eden Prairie. 4 0 12 0 0 0 16 Coordinate project activities with the following as necessary(12 months): City of Eden Prairie Mn/DOT Adjacent Business Owners -Private and Public Utility Owners -Permitting Agencies -Other Agencies as Required 1.3 Establish close design coordination with the developer as necessary 8 0 40 0 8 0 56 including meetings and sharing electronic files(12 months): 1.4 Prepare for,attend and facilitate all necessary agency coordination and 8 0 15 0 0 5 28 design review meetings(assumes 5 meetings). Prepare meeting agendas and minutes and distribute to all attendees. SUBTOTAL-TASK 1 24 0 79 0 8 6 116 2.0 SURVEYS AND MAPPING 2.1 Collect and review all available base map data. Obtain plats and roadway 0 0 8 0 24 0 32 description documents within the project area from City. Prepare right of way base map showing RW lines and property lines within the project area. Establish base mapping on Hennepin County coordinate system. 2.2 Conduct Gopher State One Call to identify underground utilities within the 0 0 4 0 24 0 28 project area. Coordinate with all utility owners(public and private)to verify approximate utility location and type. Add utility information to base mapping. We will attempt to coordinate the field survey task to locate underground utility markings provided by private utility owners. 2.3 Conduct horizontal and vertical control field surveys. 0 0 8 0 4 0 12 2.4 Perform topographic field surveys to prepare project planimetric base map 0 0 60 0 30 0 90 including visible utilities and drainage structures(including storm and sanitary sewer inverts),in place roadways and driveways,sidewalks,trees, ditches and flow lines,buildings,traffic signals and other features as necessary. 2.5 Process Field Survey Data 0 8 0 0 0 0 8 SRF CONSULTING GROUP,INC. Attach 1 B-Table ENGINEERS AND PLANNERS MINNEAPOLIS,MN. 12/1/2006 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 2 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP, INC. PROJECT:SINGLETREE LANE/TH 212 FINAL DESIGN *****ESTIMATED PERSON-HOURS***** TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS 2.6 Prepare planimetric base map and field annotate the planimetric map as 0 0 2 0 8 0 10 follows: Identify buildings by address if displayed to the public. Identify commercial buildings by the name of the business activity Identify all objects shown on the planimetric map. Identify utility locations and ownership(public and private). 2.7 Locate property corners as necessary. 0 0 8 0 4 0 12 2.8 Prepare digital terrain model(DTM). 0 0 0 0 8 0 8 SUBTOTAL-TASK 2 0 8 90 0 102 0 200 3.0 UTILITY COORDINATION 3.1 As early as possible in the design process,furnish the Utility owners with 0 0 16 0 8 0 24 copies of the preliminary plan sheets and cross sections showing the in place utilities and conflicts with proposed construction. Facilitate an early Utility coordination meeting. (All private utility relocation work will be designed by the respective owners.) 3.2 Work with City staff to identify existing sanitary sewer and water main 0 0 16 0 8 0 24 facilities within the project area to be relocated as well as proposed sanitary sewer and water main extensions that the City wishes to add to their system. Prepare final design utility plans for all new and relocated facilities. Prepare required Minn Health Dept permit applications for water main extensions and MPCA(san sewer)if necessary. 3.3 Continue to coordinate with Utility owners during the final design process. 2 0 16 0 8 0 26 Facilitate a second Utility coordination meeting to finalize the necessary utility relocations. Review Utility owner relocation plans and timelines to minimize conflict with roadway construction schedule. SUBTOTAL-TASKS 2 0 48 0 24 0 74 SRF CONSULTING GROUP,INC. Attach 1 B-Table ENGINEERS AND PLANNERS MINNEAPOLIS,MN. 12nn006 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 3 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. PROJECT:SINGLETREE LANE/TH 212 FINAL DESIGN *****ESTIMATED PERSON-HOURS***** TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS 4.0 PRELIMINARY DESIGN(30%Submittal) 4.1 Develop preliminary project design sufficient to allow 30%design review by 4 0 20 12 16 0 52 City and Mn/DOT. Assumes using concept layout as basis for design. Prepare preliminary layout to include: Preliminary typical sections -Preliminary super elevations -Preliminary horizontal and vertical alignments -Preliminary roadway geometrics -Preliminary traffic signal impacts Preliminary construction limits -Preliminary cross-sections -Preliminary RW and easement requirements -Preliminary major drainage features 4.2 Submit draft preliminary layout to City and Mn/DOT for review and 4 0 8 8 8 0 28 comment. Perform revisions as necessary. This task does not include preparation of a formal Mn/DOT staff approved preliminary geometric SUBTOTAL-TASK 4 8 0 28 20 24 0 80 5.0 PRELIMINARY LANDSCAPE DESIGN 5.1 Review recommendations from the MCA study regarding landscape and 0 40 0 80 0 0 120 streetscape designs for the project area. Coordinate landscape design work with roadway plans. Develop streetscape layout options(2-3) identifying alternate use of site furnishings,amenities,and materials to incorporate within the right of way. Prepare preliminary cost estimates for streetscape concept options. Review layouts and costs with City staff and refine designs to establish a preferred concept. Assumes four(4) meetings(min)with City staff. SUBTOTAL-TASK 5 0 40 0 80 0 0 120 SRF CONSULTING GROUP,INC. Attach 1 B-Table ENGINEERS AND PLANNERS MINNEAPOLIS,MN. 12/1/2006 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 4 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. PROJECT:SINGLETREE LANE/TH 212 FINAL DESIGN *****ESTIMATED PERSON-HOURS***** TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS 6.0 TRAFFIC SIGNAL DESIGN 6.1 Intersection Control Evaluation 3 8 0 43 6 2 62 Assumes count data will be furnished by the City of Eden Prairie -ICE evaluation process and report will follow Mn/DOT guidelines -Includes VISSIM capacity analysis for roundabout option,and Synchro capacity analysis for signal option 6.2 Permanent signal and interconnect design,PSE for one signal to TH 212/ 7 19 0 35 84 4 149 Singletree Lane -Assumes replacement of entire existing signal system -Assumes design locate and existing utilities sheet will be completed under task 2.2 -Assumes signal PSE will be included in civil plan set(per task 11.1) SUBTOTAL-TASK6 10 27 0 78 90 6 211 7.0 STREET LIGHTING DESIGN 7.1 Meet with City staff and Xcel to coordinate decorative street lighting 10 40 0 0 40 0 90 options for the Major Center Area and the Singletree Lane project area. Coordinate fixture suggestions and recommendations with streetscape 7.2 Provide street lighting final design for Singletree Lane between Eden Road 6 24 0 0 40 0 70 and TH 212. Coordinate with power company. Provide plans, specifications and engineers estimate. SUBTOTAL-TASK 7 16 64 0 0 80 0 160 8.0 LANDSCAPE CONSTRUCTION DOCUMENTATION 8.1 Develop landscape plans and details. 0 8 0 64 0 0 72 8.2 Develop layout and scoring patterns for concrete walks. 0 2 0 4 0 0 6 8.3 Prepare landscaping design cost estimates. 0 2 0 4 0 0 6 8.4 Prepare landscaping project specifications 0 4 0 8 0 2 14 SUBTOTAL-TASK 8 0 16 0 80 0 2 98 SRF CONSULTING GROUP,INC. Attach 1 B-Table ENGINEERS AND PLANNERS MINNEAPOLIS,MN. 12/1/2006 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 5 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP, INC. PROJECT:SINGLETREE LANE/TH 212 FINAL DESIGN *****ESTIMATED PERSON-HOURS"' TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS 9.0 CONSTRUCTION STAGING AND SEQUENCE 9.1 Develop a construction sequence plan through which the new roadways 2 0 8 4 8 0 22 can be constructed while maintaining minimal local access. Present preliminary staging sketches to City and Mn/DOT for review and comment and revise as needed. This task assumes that Singletree Lane within the project area will be closed to through traffic during construction. SUBTOTAL-TASK9 2 0 8 4 8 0 22 10.0 RIGHT OF WAY 10.1 Prepare legal descriptions for all parcels requiring permanent or temporary 0 12 0 0 0 8 20 right of way acquisition. 10.2 Prepare drawings for all parcels involved in right of way acquisition. 0 4 0 0 16 0 20 10.3 Submit descriptions and drawings to the City for right of way acquisition 2 2 0 0 0 0 4 document preparation. SUBTOTAL-TASK10 2 18 0 0 16 8 44 11.0 FINAL PLANS,SPECIFICATIONS AND ESTIMATE 11.1 Prepare final construction plans as necessary to meet Mn/DOT State Aid 8 8 60 40 40 0 156 requirements. Plan submittal to be on 11"x 17"bond. Plan content may include but not be limited to the following: Title sheet and general layout Statement of estimated quantity sheets Quantity tabulations as required Earthwork estimate and summary Staging and traffic control plans including temporary signing and striping Construction details,soils notes and standard plates Erosion control plans Typical sections for all roadways Alignment data including all coordinates,ties and azimuths Existing topography,utilities,and drainage features Proposed roadway curblines,tapers,radii,islands,trails,etc. Roadway profiles,groundlines,subcuts,superelevation and bench marks Storm sewer,culverts,and subsurface drainage plans and profiles as well as all ponding locations Utility plans including all sanitary sewer and watermain work Proposed landscapes and streetscaping details and plan sheets Proposed traffic signal details and plansheets Turf establishment plans including temporary erosion control Permanent signing and striping plan sheets Cross-section sheets SRF CONSULTING GROUP,INC. Attach 1 B-Table ENGINEERS AND PLANNERS MINNEAPOLIS,MN. 12/1/2006 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 6 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. PROJECT:SINGLETREE LANE I TH 212 FINAL DESIGN *****ESTIMATED PERSON-HOURS***** TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS 11.2 Determine contract pay items and compute and check all contract 0 0 2 8 0 0 10 quantities. Break out all quantities for cost splits and cost participation as needed. 11.3 Prepare engineer's estimate of final construction costs. 0 0 2 4 0 0 6 11.4 Develop contract special provisions as necessary. 4 0 8 0 0 4 16 11.5 Submit draft plans to the City and State Aid for review. Make necessary 2 0 8 0 8 0 18 revisions. 11.6 Provide plans to City in reproducible format for distribution(bond 11"x 17" 2 0 4 0 4 0 10 and 22"x 34"). SUBTOTAL-TASK 11 16 8 84 52 52 4 216 12.0 PERMITS 12.1 Prepare a SWPPP to meet NPDES Phase II requirements. 2 0 40 0 0 0 42 SUBTOTAL-TASK12 2 0 40 0 0 0 42 13.0 BIDDING ADMINISTRATION 13.1 Assist in bidding process,answer bidders questions,issue addenda if 2 0 20 0 0 0 22 required,attend bid opening and tabulate results,prepare contract documents. SUBTOTAL-TASK 13 2 0 20 0 0 0 22 SRF CONSULTING GROUP,INC. Attach 1 B-Table ENGINEERS AND PLANNERS MINNEAPOLIS,MN. 1211/2006 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 7 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP, INC. PROJECT:SINGLETREE LANE/TH 212 FINAL DESIGN *****ESTIMATED PERSON-HOURS***** TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS TOTAL ESTIMATED PERSON HOURS 84 181 397 314 404 25 1405 AVERAGE HOURLY BILLING RATES $135.00 $116.00 $80.00 $65.00 $60.00 $55.00 ESTIMATED LABOR AND OVERHEAD $11,340 $20,996 $31,760 $20,410 $24,240 $1,375 $110,121 ESTIMATED DIRECT NON-SALARY EXPENSES: $1,085 TOTAL ESTIMATED FEE $111,206 ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE: 1000 Miles @ $0.485 $485 REPRODUCTION: Copy Duplicatior 2000 Copies @ $0.10 $200 SUPPLIES: Miscellaneous Supplies $200 COMMUNICATIONS: Mail,Express,Etc. $200 ESTIMATED DIRECT NON-SALARY EXPENSES $1,085 SRF CONSULTING GROUP,INC. Attach 18-Table ENGINEERS AND PLANNERS MINNEAPOLIS,MN. 12ni2006 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 8 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. PROJECT:SINGLETREE LANE/TH 212 FINAL DESIGN *****ESTIMATED PERSON-HOURS***** TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS COST PER TASK 1.0 PROJECT MANAGEMENT AND COORDINATION $3,240 $0 $6,320 $0 $480 $275 $10,315 2.0 SURVEYS AND MAPPING $0 $928 $7,200 $0 $6,120 $0 $14,248 3.0 UTILITY COORDINATION $270 $0 $3,840 $0 $1,440 $0 $5,550 4.0 PRELIMINARY DESIGN(30%Submittal) $1,080 $0 $2,240 $1,300 $1,440 $0 $6,060 5.0 PRELIMINARY LANDSCAPE DESIGN $0 $4,640 $0 $5,200 $0 $0 $9,840 6.0 TRAFFIC SIGNAL DESIGN $1,350 $3,132 $0 $5,070 $5,400 $330 $15,282 7.0 STREET LIGHTING DESIGN $2,160 $7,424 $0 $0 $4,800 $0 $14,384 8.0 LANDSCAPE CONSTRUCTION DOCUMENTATION $0 $1,856 $0 $5,200 $0 $110 $7,166 9.0 CONSTRUCTION STAGING AND SEQUENCE $270 $0 $640 $260 $480 $0 $1,650 10.0 RIGHT OF WAY $270 $2,088 $0 $0 $960 $440 $3,758 11.0 FINAL PLANS,SPECIFICATIONS AND ESTIMATE $2,160 $928 $6,720 $3,380 $3,120 $220 $16,528 12.0 PERMITS $270 $0 $3,200 $0 $0 $0 $3,470 13.0 BIDDING ADMINISTRATION $270 $0 $1,600 $0 $0 $0 $1,870 Estimated Direct Non-Salary Costs $1,085 TOTAL ESTIMATED FEE $111,206 SRF CONSULTING GROUP,INC. Attach 1B-Table ENGINEERS AND PLANNERS MINNEAPOLIS,MN. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 05-5643 ITEM NO.: VILF. Randy Newton Adopt Resolution Supporting the Public Works/Engineering Preliminary Recommendations of the Southwest Transitway Alternative Analysis Stud Requested Action Move to: Adopt resolution supporting the Preliminary Recommendations of the Southwest Transitway Alternative Analysis Study. Synopsis This resolution is intended to support the Preliminary Recommendations of the Southwest Transitway Alternative Analysis Study while maintaining a strong preference for the LRT 3 Alternatives. The resolution also supports and advocates for an LRT line in the Southwest Corridor. Background Information The results of the Southwest Transitway Alternative Analysis Study were presented to the City Council at the September 19, 2006 City Council Workshop. At the City Council Workshop, city staff received preliminary concurrence from the City Council on the following recommendations subject to additional public comments: • The City should provide a resolution on the Southwest Transitway Study. • The City maintains a strong preference for the LRT 3 alignments that serve the Town Center, Golden Triangle Area and OPUS. • The City should support and advocate for a Southwest Transitway Line. Subsequent to that meeting the Southwest Transitway Preliminary Recommendations were developed and approved. The recommendations include the following main elements: • LRT Alternatives IA, 3A, and 3C are recommended for further evaluation(see attached map) • The BRT Alternatives are not recommended for further evaluation. • That the Met Council move the Southwest Transitway to a Tier 1 corridor. • That the HCRRA proceed into the Environmental Impact Statement(EIS)process for the Southwest Transitway. Over the past several months a number of public comments have been received. The attached summaries document the comments that have been received both locally and corridor wide. The Southwest Transitway Policy Advisory Committee is scheduled to meet on Wednesday December 13, 2006 to review and take action on the Preliminary Recommendations. The recommendations are then anticipated to be considered by the Hennepin County Regional Rail Authority Board early next year. Attachments • Resolution • Eden Prairie Public Comments • Public Comments from Hennepin County • Recommendation Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION SUPPORTING THE PRELIMINARY RECOMMENDATIONS OF THE SOUTHWEST TRANSITWAY ALTERNATIVES ANALYSIS STUDY WHEREAS, transportation infrastructure forms the backbone of the region's economy as well as its quality of life, and has a direct impact on economic development; and WHEREAS, a well designed and functional transportation system with multiple mode choices is essential to maintaining long-term mobility throughout the metropolitan region;and WHEREAS, the Metropolitan Council's long-range transportation plan identifies a future fixed transitway corridor in the Southwest Metro through the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, and Eden Prairie; and WHEREAS, the Southwest Metro has experienced unprecedented population and employment growth over the last 20 years and has become a major employment destination for the metropolitan region; and WHEREAS, a Light Rail Transit(LRT) line servicing the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, and Eden Prairie will accommodate projected growth and will help maintain a competitive business environment and high quality of life for the entire Southwest Region;and WHEREAS,the Hennepin County Regional Rail Authority is near completion of the Southwest Transitway Alternatives Analysis Study that compares the costs, benefits, and impacts of a range of transit alternatives for the Southwest Corridor; and WHEREAS, the Southwest Transitway's Technical Advisory Committee has provided the preliminary recommendation that LRT Alternatives IA, 3A, and 3C be retained for further consideration; and WHEREAS, the recommended LRT alternatives have daily ridership projections between 23,500 and 28,100; and WHEREAS, the LRT 3 Alternatives have higher daily ridership projections, more new transit riders, and better cost effectiveness indices than the LRT 1 Alternatives;and WHEREAS, the LRT 3 Alternatives that serve the Eden Prairie Major Center Area, the Golden Triangle, and Opus, better serve the employment and commercial centers of the Southwest Area than the LRT 1 Alternatives;and WHEREAS, the LRT 3 Alternatives provide better opportunities for development, redevelopment and economic development and better support the City's long-range planning initiatives in the Major Center Area and the Golden Triangle Area than the LRT 1 Alternatives; and NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council, that the City of Eden Prairie supports the preliminary recommendations of the Southwest Transitway Alternatives Analysis; and BE IT FURTHER RESOLVED,that the City of Eden Prairie maintains a strong preference for the LRT 3 Alternatives that best serve the City's residents, businesses, and visitors. BE IT FURTHER RESOLVED, that the City of Eden Prairie strongly supports all efforts by the Hennepin County Regional Rail Authority, the Metropolitan Council, MnDOT, and the Federal Transit Administration to fund and construct in a timely manner, a LRT line through the Southwest Corridor, that it be considered a priority project for the region, and after the Central Corridor, become the next planned expansion of the Comprehensive Transit System for the metropolitan region. ADOPTED by the Eden Prairie City Council this 4th day of December, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Southwest Transitway Study Eden Prairie Public Comments (updated November 28, 2006) 1. Eden Prairie Open House 11/2/06 — Southwest Station Comments included in Hennepin County's Public Comment Summary 2. Public Meeting to Receive Input on Proposed LRT Alignments 11/14/06— Eden Prairie City Council Meeting Excerpt from Unapproved November 14th City Council Meeting Minutes Tyra-Lukens said this is a follow up public meeting to the Public Open House held at SouthWest Station on November 2,2006. Neal noted this public meeting is not a formal legal requirement of the State or the Hennepin County Regional Rail Authority. The purpose of the public meeting is to gather additional public comment on the project for the Council to consider prior to its deliberation of a proposal to formally endorse the project. A Resolution of Support for the LRT Project will be prepared for the City Council to consider in December. Resident Rick Ramaker of 7004 Royal Link Court said he was speaking on behalf of his neighborhood. He supported LRT but said Option 1 runs through residential areas. Option 3 is much better. It accesses businesses in the Golden Triangle and Mail areas and would promote efforts to build an Eden Prairie downtown. It would have a higher ridership. Since the process will be drawn out another three years and the uncertainty affects property owners, Ramaker asked the Council to use any opportunity it has to recommend Option 3 and remove Option 1 from consideration. Tyra- Lukens asked if Ramaker had a preference for the A, B, or C alternatives and Ramaker said no. Tyra-Lukens noted email input is also welcomed. Both Councilmembers and Staff are on the policy advisory committee for the LRT study, and are united in opposition to Option 1. She supported the idea of narrowing the choices to bring resolution. 3. Other Comments Received via Mail, Email David Beyer- Email My wife Jackie&I live on Howard Lane in EP. We attended the Open House last week at the EP Transit Hub and were encouraged to let the City of EP know our thoughts and opinions on the various options being considered. 1 We are strongly opposed to the'option 1'alternatives(in other words-the ones that use the existing Hennepin County trailway that runs behind our house)and instead strongly encourage the'option 3' alternatives(from Hopkins through Golden Triangle area to EP Center/town center area and then west on Hiway 5). While option 1 is'there'and could be viewed as'less costly'- I think that is one of the few advantages of this option. On the other hand, option 3 (and its variations)would link work/business and shopping/entertainment and'town center' locations-as opposed to going through neighborhood back yards where none of these advantages(and future ridership demand) stand out. We appreciate your support on this issue and trust that the city of Eden Prairie will continue to support and strongly push for the option 3 alternatives and strongly oppose the option 1 alternatives. Thank you. John Brill - Email Mayor Tyra-Lukens, Councilmembers Aho, Case, Butcher, and Young, and Director Jeremiah- Unfortunately, I will not be in town when you hold the Town Meeting in late November. This would be a great question for the town meeting. I went to the Light Rail Open House at Southwest Station last Thursday(November 2). I've seen Katie Walker's name on a number of publications related to the study, and was fortunate enough to speak with her one-on-one for 15 minutes. Katie walked me through the benefits and costs of each of the Light Rail alternatives. Realistically,we have two options for Eden Prairie, as Routes"3A and"3C"take the same route out of town,just different routes from Uptown to Downtown Minneapolis. Option 1 follows the current Three Rivers Park Trail. Option 3 begins at Southwest Station,then heads east, then north through Eden Prairie. Janet-as Community Development Director, I would assume you are in favor of Option 3. Although it will be more expensive than Option 1, it will better serve the needs of Eden Prairie. It will promote our Major Center Area. It will serve the business community in the Golden Triangle by allowing residents and non-residents easy transportation to work, and could be a great selling point as we re- develop the Golden Triangle. Option 1 seems more like a"Downtown"commuter line. The Eden Prairie light rail stops on Option 1 are more"residential"in nature, great for commuters to and from Downtown Minneapolis, but not serving the needs of Eden Prairie as well as Option 3. While serving on the Eden Prairie Parks, Recreation, and Natural Resource Commission for 3+years, I have had my share of"NIMBY"conversations. And, yes, I do live 150 yards from Option 1. However, my reasons for support of Option 3 are macro, not micro in nature. Option 3 would create Eden Prairie jobs, increase Eden Prairie quality of life, and give better local and city-to-city transportation alternatives than are currently offered. I don't see that with Option 1. Is the juice worth the squeeze? In this case for Eden Prairie, I think it is, but want to hear the city's point of view. Janet-please let me know Eden Prairie's stance on the Light Rail alternatives. How has the city been working with the SWTPAC? Is there citizen involvement in this process, or is most of it through the SWTPAC? Thanks for taking the time to review, and thanks to all of your for your service to this great community! 2 Sincerely, John Brill 7384 Moonlight Lane Eden Prairie, MN 55346 952-934-4519 ibrill mn.rr.com Marion Lyons - Email I have missed the open house to give my opinion on LTR. I have moved into this area about 2 years ago from south Minneapolis as I wanted to get away for the airplane noise and just busy city life. I enjoy bike riding in the warmer months and being outside in the peace and quiet and still be close to city life. I am very concerned and very much against the light rail taking away or from the bike paths that goes through family neighborhoods. Bikes are quiet,you can enjoy a bit of nature, quiet time and exercise and doing something good and healthy with the family. Health is very important to people and we must promote it but if we have light rail through these areas it will take away from this happy family life with noise that will make families move to a quiet and more healthy area for their family. That means that they would have to sell their house but who would want to buy a house with a noisy light rail trail in their back yard. If we have to have LTR then put it next to a busy road that already has the noise and keep it out of the family areas and keep the kids safe. I am sure the council wants to keep the quality of families in this area and if you drive them out why would we need Light Rail if the families have moved or are unhappy living here. I can see a need for the LTR but lets think about more then just getting the rail in here. Let us put it where it will do the least amount of damage to family life. I want to save all the bike trails and I don't want to be riding a bike or go walking with a noisy tram rushing by. I want to have neighborhoods where families live to let their kids play in safety and with some peace and quiet. Marion Lyons Eden Prairie resident 3 Southwest Transitway Study Public Comments on SW Technical Advisory Committee Recommendation (updated as of November 17, 2006) I. Open Houses October 24, 2006 -Minneapolis Flip Chart Comments Makes sense to go through Kenilworth —get cars off road. Costs too much to tunnel under Nicollet. Disruptive when being built(Alt. C) (bridges, etc.) Streetcars will serve Midtown and Nicollet without disrupting street and traffic. Streetcars belong in the street (Lake Street) I don't like 3C. Nicollet already has plenty of transit. I like 3C. Increased light rail service to downtown would be good. Plus the not guaranteed streetcar can still service Lake Street and end at 28th Street stop. Build 3C and jobs will come to Midtown with the associated development. Forget 3C—for all the expense of building a tunnel you won't pick up enough new riders. Disrupts local small businesses—we don't have many. In later years a streetcar could be added to link Downtown with Greenway. Kenilworth is the natural most cost effective option. Hopefully a Greenway streetcar will be done first with local money as the Midtown Greenway Coalition is advocating. Comment Cards Don Ostrom Why does the 3C route, with twice the population and twice the employment living within % mile of the stations as the 3A route generate only 3% more ridership? M. Anderson-Rossini "Seamless" light rail is more user friendly than transfers. Streetcars on Lake Street(Marshall, downtown St. Paul.) Preserve "Greenway" as just that—a greenway for bikers, runners, skiers, skaters, etc. Consideration of disruption to car traffic should be of lowest priority. Thatcher Imboden In favor of 3C- Nicollet 1 I won't walk 5 blocks to take a Midtown streetcar and transfer at West Calhoun to get downtown. I'd take a bus. I would take LRT from Uptown if it went downtown directly and quickly. Buses get stuck in traffic on Hennepin now—only it will be worse in 2030. Plus, most of the places in downtown I go to is around 8th— 10th& Nicollet— not 5th Street. 10/26/06 - Hopkins Flip Chart Comments Very interesting alternatives and plan Want light rail Concern about impact for our condo (5627 Green Circle Drive) Concerned in past about impacts— but think issues have been addressed. Save the trail around Shady Oak Lake! (consider recreation and environment impact - prefer option#3) 3C is the preferred alternative- link Uptown with Downtown -young person/business perspective 3A and 3C are both good options. I hope Hennepin County puts some thought into how the decisions will impact communities of color in Minneapolis. Also— reverse commutes from key areas of Minneapolis—which route will likely serve the needs of the business community re: access to jobs and easy access to transit for the folks most likely to have the existing potential jobs along the line. Definitely 3A and 3C. Benefits far outweigh drawbacks. Retains beauty of trail west of industrial Hopkins area. Line east of 11th Avenue and South to Opus seems best for number of riders. (Old railroad track—freight line would be good as track is already there.) Stop the delay—get it moving. 2015 is ridiculous! Note to Metropolitan Council—put the Southwest Corridor on Tier 1. 11/2/06—Eden Prairie Flip Chart Comments Prefer 1 A- no transfer to stay on Hiawatha. Sooner rather than later! Need to understand Eden Prairie growth plans (e.g. senior housing, residential, commercial.) 2 Please stay away from Bent Creek and Bearpath. Prefer Golden Triangle Oppose LRT past (west) of Shady Oak. Substantial fixed investment—so be careful in choosing route. Prefer"Y alternatives — helps city create downtown area. Do it right or don't do it Economic growth Ridership Minimal impact on trails Prefer"Y alternative Delete 1A from further study (don't waste time and money) Sooner the better— prefer Alt. "Y Process is too slow Prefer"Y alternative Ditto—on of"Y alternatives—stay away from 1"alternatives Get it done either way Prefer Alt. "Y; Alt 1 goes through last wilderness type area; affects many neighborhoods Prefer Alt. "3K—can't wait to have this done. Comment Cards Bob Krocak LRT that proceeds through Golden Triangle will benefit more businesses and the most potential for ridership. Rita Krocak I prefer LRT 3— light rail transit that travels through the Golden Triangle in E.P. It travels through E.P. where most employees work. It makes the most sense! Elmer Otto I prefer LRT Route 3A because we would get on the train at the Southwest Station. I don't like going to the Golden Triangle because it takes longer when I am going to downtown Minneapolis. But there will be more riders and the train will be more cost- effective. I definitely would not want to board the train at the Highway 5 location, as in LRT Route 1A, because the car traffic is much too aggressive. I take the bus now from the Southwest Station to get away from the cars. 3 David and Jackie Beyer We would like to strongly state our opposition to the"1" routes and instead state our support for the"3" option(s)through "Golden Triangle"to EP Center and then west along Highway 5. Transit should serve connections to work, shopping and entertainment. Route option "1" provides none of these and only goes through neighborhoods. Yes, it may cost more— but if it(option 3) provides for more ridership and more reason to ride—then do it right out of the blocks. Peg McCartan Option 1A does not make sense. 3A will bring more ridership. II. Other Comments Received via Mail, Email Letter: October 25, 2006 Dear Transit Officials: I was at your meeting at Bryant Square. On balance, I support the light rail proposal, but it does pose a dilemma for environmentalists. Route 1A would be especially harmful destroying a beautiful shady forest for construction on the way through Eden Prairie. The trail along side the rails would be a desolate desert compared to the current situation until any newly planted trees mature. The benefits of light rail would outweigh short term harm. Trees will eventually grow back after the area is re-landscaped. Transit between Eden Prairie and Minneapolis is currently weighted in favor of rush hour routes on weekdays. The scenario presented at the meeting was vastly improved weekend service currently almost nonexistent. My preference is route 3A. I do not care for route 3C. I heard about two tracks running down Nicollet Mall. Where would the dozens of buses currently running down Nicollet go if this plan were adopted? There is plenty of transit currently serving Nicollet with 17 and 18 lines and many more downtown. One big concern is how you will find enough room for tracks near Highway 169 and Excelsior Boulevard. You repeatedly claim there is 100 feet of space. The Hopkins Depot and parking lot is probably 25 feet wide or more. The existing 3 railroad tracks probably use another 25 feet. The bike/pedestrian trail is 15 feet for trail and buffer space. This leaves little space for light rail track and a station unless one of the existing freight tracks is removed. Sincerely, Steven Steuck e-mail: bicyclingelephant(a-rahoo.com Melissa Gustafson 4 I do think light rail is a good idea and I do think traffic getting in and out of Eden Prairie is awful. However, I do think light rail going throughout the golden triangle is a must for a few reasons. It makes a lot more sense to spend a little more dollars and do it right and get the most ridership and benefit to the city. Also, the bike trail is a huge asset to the area and would be a great loss to take it over with light rail. Don't even consider the argument of having the trail and light rail next to each other. That would never work. Gary Gustafson I would like to see light rail in EP but I also would like to see it go through an area with little impact to residents and environmental areas. From the info I got at the open house, it sounds like ridership would be higher with the 3 A&C options. If we are going to spend the money, let's make sure we get the most use out of it. Thanks. III. Comments Received at Other Meetings October 12, 2006 St. Louis Park Neighborhoods About 20 - 30 citizens attended. Councilmember and Southwest PAC member Sue Sanger, and SW PAC member Jim Brimeyer were in attendance, in addition to St. Louis Park City staff and Bob Suko from TC&W Railroad. Councilmember Sanger opened the meeting and advised residents to keep an open mind as the transitway study progresses. Katie Walker presented slides on the SW TAC recommendation. Citizens asked about and debated issues relating to the impact on City residents of Alternative A which would call for re-routing of freight traffic from the Kenilworth area into St. Louis Park. Bob Suko explained a number of rail issues, and said that the level of freight train traffic through St. Loius Park will likely go from about 5 trains/day to about 11 trains/day if freight traffic is re-routed under Alt A. Attendees also discussed impact of recommendations on trails, street parking, and property values, as well as the study process and how decisions will be made. SW PAC member Brimeyer pointed out that Alt A will interline with Hiawatha, whereas Alt C will not. October 19, 2006 Edina Transportation Commission Hennepin County Study Manger, Katie Walker, presented SW TAC recommendations to the Commission. After some discussion, some members indicated preference for Alternative 3 over Alternative 1 since Alt 3 parallels Hwy 169 and employment centers. It is assumed that Alt 3 will better serve Edina residents, better support economic development, and serve trips going both ways on the transitway (not just one-way commuters to downtown). The Commission voted to support Alternatives 3A and 3C. American Society of Civil Engineers—Minnesota Chapter Hennepin County Study Manger, Katie Walker, presented SW TAC recommendations at an ASCE meeting (about 15 people in attendance). Attendees asked about how the transitway could be funded, trail and rail issues, and why Alt C did not have a significantly higher ridership than Alt A. October 26, 2006 Downtown Mpls Transportation Management Organization Executive Committee Meeting 5 Southwest Transit Corridor— Katie Walker reviewed the status of the study. Light rail transit was selected as the preferred mode. They have narrowed the LRT alternatives to three routes, shown on page 7 of the handout (Newsletter#3). Public comment is encouraged and will continue until the end of November 2006. The earliest that the Southwest LRT line would be operational is 2015. It was observed that the Access Minneapolis plan does NOT reflect the Southwest LRT options. Katie and Joe Gladke said that the City of Minneapolis staff helped with defining the routing options and that they are working together. Action Item: TMO write a letter to the City to encourage their working with Southwest LRT, City's Access Minneapolis take into consideration the Southwest LRT study and the perspective of the downtown user in the design of system. Comments on the routing into downtown: 1. Option C along the Midtown Greenway and Nicollet Avenue expands the options for an LRT system by potentially providing an LRT route south along I-35W. 2. Minimize the need for the downtown user to change transit systems; for example, minimize the need for the user to change from LRT to bus in order to complete the trip. It would be better to change from LRT to LRT to complete the trip. 3. Option C considerations: If LRT is on Nicollet Mall, how would it act as a circulator?What happens to bus traffic?And what would be the headway frequencies? 4. Key is connectivity and ability to move people 5. Option A: relevant factors are new Twins Stadium, proximity to Convention Center, and uncertainty of Metrodome's future. October 28, 2006 Stevens Square Neighborhood Group—Minneapolis About 30—40 citizens in attendance. Hennepin County Study Manager, Katie Walker, presented information on the SW Transitway Study. Councilmember Robert Lilligren added information and comments. Some attendees expressed support for the A alternative, with comments relating to concerns about disruption to the busy Nicollet Ave, and preference for a streetcar in the Midtown Corridor. Others expressed support for the C alternative, saying that ridership would be strong and there would be better potential for economic development. This group wants to stay informed to better understand environmental impacts as the next phase of study goes forward. 6 November 7, 2006 Midtown Community Works Partnership Resolution Supporting the Midtown Greenway Streetcar Network Alignment draft for Executive Committee consideration 11/7/06 SWLRT-Rw A 5WLR7-#o C #A ...... WTWOMAUGMSENT & . °f urewway g3j as��l4t; �rRenw:ay StiyiA'� Sireeicar .................._.........__................................................................._............ ......... SW LRT A SW LRT C Network Alignment WHEREAS the Hennepin County Regional Railroad Authority is currently analyzing two configurations for the northern portion of the SW LRT Corridor: LRT A which runs through the Kenilworth Corridor and LRT C which runs east through the Midtown Greenway to Nicollet Avenue where it turns north and enters a tunnel for access to downtown Minneapolis, and WHEREAS the Midtown Community Works Partnership (MCWP) asserts that the superior regional configuration would be a Network Alignment utilizing a streetcar line in the Midtown Greenway to link a SW LRT line running through the Kenilworth Corridor with the Hiawatha LRT line, and WHEREAS the Network Alignment would provide a much-needed regional link to the more transit-dependent Greenway neighborhoods east of Nicollet, including one of the largest employment hubs in the state of Minnesota (Lake Street, the Midtown Exchange, Abbott Northwestern and Wells Fargo), while also serving the important transfer point with BRT on 35W, and WHEREAS the Network Alignment including a streetcar line in the Midtown Greenway is significantly less expensive than LRT C, the Nicollet Avenue alignment, and generates significantly higher ridership, and WHEREAS a streetcar line could be built much more quickly by implementing a "starter" line between Hiawatha and Uptown and by relying on state/local funding to avoid the burdensome and time consuming FTA approval process thereby jump-starting transit oriented development along the combined Lake Street/Midtown Greenway corridor, and WHEREAS a streetcar line would sustain the vision for the Midtown Greenway by minimizing the impact on the bicycle and pedestrian trails while providing the potential to green the corridor with grass planted between and alongside the tracks, and WHEREAS state/local funding for a Greenway streetcar line may count as a local match for later LRT funding; NOW THEREFORE BE IT RESOLVED that the MCWP favors a streetcar line in the Midtown Greenway as soon as possible, ultimately creating a regional network alignment with the future SW and Hiawatha LRT corridors while supporting the ongoing revitalization of the Midtown/Lake Street corridor. 7 November 21, 2006 East Isles Neighborhood Group November 28, 2006 Edina Realty December 5, 2006 Edina Chamber Government Relations Committee 8 I ALLEY %' lntermodal Station " > ' ' • s t m � Royalston ' ' 4th°Street y„-... rirr �" . Var�White 8th Street �15." .�y_-, a P' -�., Ny�a,,:=.: rFrY_' ,„�W d �� •® � • • ,; s ,. ... ....._,.. -� _ .. ' 12th Street, y Y- Penn A s B sn tours PARK 21 st Street Franklin - p w i • Lyndale .,West ,W Lake .•.. ,.. . pp , . •►, t Uptwn „ 28th Stree o i moo:.B S t : i ;� •� / ' �a ✓j Louisiana *�.• Beltline HOPKINS 10 Wooddale, " 49\ �,.: \rI 5 •IB'+•T jf.,. , �rtYt4�1e�pl)tt� .. ,t Southwest Transitway ' ; Alternatives Analysis O ;Hopkins Slake LJ' t a ••••fF 6' W A {j Shady ask t ° Rowland ,v J. urhntroths . opus .`"'... .r'««� ;.�"zaa-;.'w:w � �_k�}:tr Ba m.�C,�t�-. • ��\ �� �a, d'� ` t City West Bz {}+y A,Z' E 1�7 Preliminary Study Recommendation Highway 62 Southwest Technical Advisory Committee ✓h ,� i t _ ,-:., 4, Te S"mb•r 27,2006 ' t - S Golden Triangle g �. aBr.r.eraaw LRT 3A Route *: • • LRT 3C Route • ' �• r( , l s l } dg r Station M ` 4 d ® Park&Ride Station Highway 5 • �: ; xx�� �' T • o MILES .. ••••• ."� . 4 "Mitchell •• ' .B x' Southwest Station r Hennepin County .v"r EVEN w Aden Prairie Town Center � x � Regional Railroad Authority CITY COUNCIL AGENDA DATE: SECTION: Petitions, Requests and Communications December 4, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.G. Robert A. Lambert, Director Parks and Recreation Donation from Emerson Process Management Requested Action Move to: Approve the naming rights agreement between Emerson Process Management and the City of Eden Prairie and to accept the donation of$100,000 toward the Community Center addition as per the terms of the naming rights agreement. Synopsis Earlier this year the City Council authorized the Eden Prairie Hockey Association to secure donations for the third rink and to offer naming rights of various components within the Community Center as an incentive for those donations. The Council agreed that these donations would be considered as part of the Eden Prairie Hockey Association's requirement to raise one million dollars toward the third rink addition. Attachment Naming Agreement Naming Agreement Between City of Eden Prairie and Rosemount Inc., a Division of Emerson Process Management (Installment Payment) This Naming Agreement ("Agreement") is made and entered into as of December 4, 2006, by and between City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota ("City") and Rosemount Inc., a Division of Emerson Process Management ("Holder"). Recitals A. Holder intends to make a donation in the amount of One Hundred Thousand Dollars ($100,000) to City in four equal installments. The first installment of the donation shall been made on or about December 15, 2006. The second, third and fourth installments of the donation shall be made on the first, second and third year anniversaries respectively of the date above. B. The parties desire that Holder's donation to City be recognized by the grant to Holder of the right to associate Holder's name or logo with the Fitness Center located in the City's Community Center as described herein, (the"Named Subject"). NOW THEREFORE, in consideration of the premises and mutual agreement set forth in this Agreement,the parties agree as follows: 1. Grant of Right to Name. City grants to Holder the right to designate and use its following name accompanied by a logo on and with respect to the Named Subject: Emerson Process Management. The name and logo shall appear on a bronze plaque in the form and size as shown in Exhibit 1 attached hereto (the "Plaque"). The Holder's name and logo shall be displayed in the lobby of the Community Center and in the location of the Named Subject. 2. Term. The rights granted to Holder hereunder shall be for a term of twenty(20)years beginning with the date as of which this Agreement is made. 3. City's Right to Change Named Subject. a. In the event City desires to remodel, enlarge, decrease, reconfigure or modify in any manner the Named Subject or the Community Center or any part thereof, Holder's rights hereunder are subject to City's right to select an alternative or substitute Named Subject for the designation and use of Holder's name and logo ("Substitute Named Subject"), provided, however, City shall use its best efforts to select the Substitute Named Subject. The selection of the Substitute Named Subject shall be made by the City's Manager in his absolute discretion and shall be final. 4. Termination of the Term by City. a. In the event the City Council determines that the Community Center should be razed,the term of the Holder's naming rights hereunder shall terminate. b. In the event Holder fails to pay the subsequent installments of the Donation the term of the Holder's naming rights hereunder shall terminate. 5. Termination of Term by Holder. The term of Holders rights hereunder may be terminated by Holder by giving City notice in writing of its intention to do so, thirty (30) days prior to the date of termination. 6. Ownership of Plaque upon Termination. Upon termination of the term through the expiration of time or otherwise, the plaque shall be removed from the Named Subject and returned to the Holder. 7. Exclusive Naming Rights. Holder's rights to designate and use its name and logo on and with respect to the Named Subject shall be exclusive during the term hereof. 8. Representations and Indemnification. a. Representation. Holder represents and warrants to City that it owns and has the right to use in the manner described herein the name and logo described in Exhibit 1 and that the use contemplated by this Agreement does not infringe upon any other person's name, logo,trade name,trademark or service mark. b. Indemnification. Holder shall defend (or, at the option of City, the City may defend at Holder's reasonable expense), indemnify and hold City harmless from all claims, demands, suits, actions,proceedings, losses, fines, expenses, costs, and damages of every kind and description including reasonable attorney's fees and litigation expenses that may be brought or made against or incurred by City arising out of or related to the use of Holder's name and logo pursuant to this Agreement including but not limited to the infringement of the rights of any other person with respect thereto. 9. Grant of Licenses. Holder hereby grants to City a royalty free, worldwide license to use its name and logo in connection with (a) the operation of the Community Center; (b)the provision of services offered in the Community Center; and(c) advertisements for the promotion of the Community Center, the services provided and the events conducted therein. 10. Limitation of Damages. Neither party herein shall be liable to the other for any indirect, consequential, incidental loss of profits or like expectancy damages arising out of this Agreement. 11. Remedies. In the event of breach of this Agreement by Holder, City shall, in addition to any other remedies provided by law, be entitled to the remedy of specific performance, temporary or permanent injunction or other equitable relief as a remedy for any breach or threatened breach of the provisions of this Agreement. 2 12. Miscellaneous. a. Modifications. This Agreement constitutes the entire Agreement between the parties and supersedes any prior oral or written understandings or agreements relative to the subjects of this Agreement. This Agreement may be amended only by written instrument signed on behalf of Holder and City by persons duly authorized to do so. b. Governing Law of Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota. Any action or proceeding in any way arising out of or related to this Agreement shall be litigated, if at all, in a state or federal court located in Hennepin County, Minnesota. c. Nature of Relationship. It is understood that this is an agreement between independent contractors and that neither party is in any way an agent or employee of the other party. d. Data Practices Act. The Holder shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the possession of the Holder. e. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to City by delivering it personally to the City Manager; or if it is directed to Holder, by delivering it personally to the Holder's General Counsel; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier,properly addressed as follows: If to Grantor: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager With a copy to: Richard F. Rosow Eden Prairie City Attorney 650 third Ave. South, Suite 1600 Minneapolis, MN 55402-4337 If to Holder: Rosemount Inc. a Division of Emerson Process Management 12001 Technology Drive Eden Prairie, MN 55344-3695 3 With a copy to: Steve Chelesnik General Counsel, Rosemount Inc. Associate General Counsel, Emerson Process Management 12001 Technology Drive Eden Prairie, MN 55344-3695 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified,ten(10)days prior to the effective date of such change. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. ROSEMOUNT INC.,A DIVISION OF EMERSON PROCESS MANAGEMENT CITY OF EDEN PRAIRIE By By Steven A. Chelesnik Nancy Tyra-Lukens Its Secretary and General Counsel Its Mayor By Scott H.Neal, Its City Manager P:\Home\EP\PARKS\Naming Agreement\Documents\Naming Agreement(Installment Payment)2006 11 29.doc 4 EXHIBIT 1 HOLDER NAME AND LOGO PLAQUE APPEARANCE City shall identify the following Holder name and logo information on the Plaque: EMErumON- Process [End of Exhibit 11 5 CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.H. George Esbensen Award Bids for Furniture,Fixtures and Equipment Fire Department for Fire Station 4 Motion: Move to approve the selection of the vendors for furniture, fixtures and equipment for the new fire station. Synopsis: This was part of the overall Station 4 new construction budget. This represents a portion of the elements under this category. Bid packages were prepared by SEH, the architect for the project in accordance with the design elements that were approved during the design phase. The bid packets were distributed to numerous vendors that supply the components required, and included local and regional suppliers. The vendors selected represent the lowest responsible bid for their products and have been verified and qualified by the architect, fire department staff and the owner representative. The selected vendors are as follows: Vendor Items Supplied Number of Dollar Value bids Parameters Inc. system furniture 5 $33,500.04 package, chair package and tables All, Inc. appliances 3 $2269.59 The Blind Gus window treatments 2 $2289.75 ASI Modulex Interior si na e 2 $2276.28 CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILL Office of the City Manager/ Finance, Sue Kotchevar Den Road Liquor Store Remodel Bid Award Requested Action Move to award contract for General Contractor for remodel of Den Road Liquor Store to Greystone Construction Company. Synopsis Sixteen bids were submitted at the bid opening on November 16th. Greystone construction was the low bidder. Bids ranged from the low bid of$195,100 to$293,255. Staff received good references on Greystone Construction Company. Staff recommends awarding the bid to Greystone Construction Company. Background Information On July 18,2006 the City council authorized staff to bid the Den Road remodel project. An upgrade and remodel plans for the Den Road liquor store have been in the planning stages for the past year. The remodel includes expansion of the liquor store from 5,900 square feet to 7,688 square feet. The City plans to expand the liquor store space and remodel to extend the Eden Prairie brand experience into the liquor store environment. The remodel includes new paint,carpet,ceramic tile,and fixtures. In addition, a cash wrap with four registers instead of three, a wine tasting area,an area to display.fine wine,and improved displays along the windows are included. The City has set aside liquor store profits for this proj ect. In conjunction with the remodel, staff will be working on improved signage for both the interior and exterior of the store and fixtures. These items will include wall murals,logo wall at the entrance,gondola run signage systems,cash wrap fabric banners,power coating current shelving from cream to black,end cap and window display fixtures,and stock promotional fixtures. Attachments Contract h t t3" a✓ j' 1A A Document A101 TM — 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Fifth day of December in the year of Two Thousand and Six (hr words, indicate dav,month and near) BETWEEN the Owner: (Name,address and other information) This document has important City of Eden Prairie legal consequences. 8080 Mitchell Road Consultation with an attorney Eden Prairie.Minnesota 55341 is encouraged with respect to its completion or modification. and the Contractor: AIA Document A201-1997, (Name,address and other information) General Conditions of the Contract for Construction,is adopted in this document by Grevstone Construction Company I reference.Do not use with other 500 South Marschall Road.Suite 300 Shakopee.Minnesota 55379 general conditions unless this P document is modified. The Project is: This document has been (Name and location) approved and endorsed by The Associated General Contractors Eden Prairie Liquor-Expansion&Renovation of America. 8018 Den Road Eden Prairie.Minnesota 55344 The Architect is: (Name,address and other infannation) Tushie-Monteomery&Associates.Inc. 7645 Lyndale Avenue South.Suite 100 Richfield.Minnesota 55423 The Owner and Contractor agree as follows. AIA Document All 01TM—1997.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING-This AIA" Document is protected by U.S.Copyright Law and International Tr_alies.Unauthorized 1 re production or distribution of this AIA" Document.or any portion of it.mwy result in sever-civil and criminal penalties.and still be prosecuted to the maximum exiont possible under Me law. This document was produced by AIA software at 09:27:47 on 1 112 912 0 0 6 under Order No.1000231697_1 which expires on 41612007,and is not for resale. t laPr tJnloe� idnnAi Sdggl l ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 3. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically ` indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it el ffers fr•onr the date of this Agreement or,if applicable,state that the date will lie frsed in a notice to proceed.) If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security interests,the Owner's time requirement shall be as follows: y §3.2 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement,or as follows: (Insert number of calendar dais.Alternarive y,a calendar date nuay be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents,insert any requirements for earlier Substantial Completion of certain portions of the Work.) March 15.2007 or such later date as accepted in writing by the City of Eden Prairie. Portion of Work Substantial Completion Date Entire Project March 15.2007 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to fctilitre to complete oil time or for bonus paynnents for earh,completion of the Wor•k.) ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be One Hundred Ninety-Five Thousand One Hundred Dollars&no/cents ($-)—, 195.100.00),subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner (State the numbers or other identification of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the Gvecution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101 TM—1997.Copyright 0 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. Ali rights reserved. WARNING:This AIA` Document is protccled by U.S.Copyright Last and International Treaties.Unauthorized 2 reproduction or distribution of this AIA` Document,or any portion of it.may result in severe civil and criminal penalties.and will be prosecuted to the maximum exterrt possible under;he lay. This document was produced by AIA software at 09,27.47 on 11/29/2006 under Order No.1000231697 t which expires on 41612007,and is not for resale. ttcpr Nnlpe• mnngir5dwi% Add Alternates 1.2.&3 §4.3 Unit prices,if any,are as follows: Description Units Price($0.00) ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the dey-second Friday of the following* month. If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made ` by the Owner not later than da5Ls-fourth Fridav of the month after the Architect receives the Application for Payment. j §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent ( 5% .Pendin-final determination of cost to the Owner of chanSes in the Work,amounts not in dispute shall be included as provided in Section 7.3.5 of AIA Document A201-1997; 2 Add that portion of'the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent ( 590 ); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: AIA Document A101 w—1997.Copyright ®1915,1918,1925,1 937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. YARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties_.Unauthorized 3 reproduction or distribution of this AIA" Document.or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the lavt. This document was produced by AIA software at 0927:47 on 1 1129/2 0 06 under Order No.1000231697_1 which expires on 416/2007,and is not for resale, I leer Nntpc• rdnnF;i.uQA11 .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Section 9.8.5 of AIA DocumentA201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if arri�) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of they entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not zrplained elsewhere in the Contract Documents, insert here provisions for such redaction or limitation.) §5.1.9 Except with the Owner's prior approval,the shall not ma ke advance payments to suppliers for materials orequipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 TERMINATION OR SUSPENSION §6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A_Oi-1997. §6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §7.2 Payments due and unpaid tinder the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( )per annum (Usury bays and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractors principal places of business,the location of the Project and elsewhere ma'v affect the validiq,of this provision. Legal advice should be obtained with respect to deletions or modificatiolns,and also regarding requirements such as written disclosures or waivers.) AIA Document A101 TM—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA' DOCUIDent is protected by U.S.Copyright Lac:and International Treaties.Unauthorized 4 reproduction or distribution of this AIA' Document.or any portion of it.may result in severe civil and criminal p;;nalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0927:47 on 1 1/2 9120 0 6 under Order No.1000231697_1 which expires on 416/2007,and is not for resale_ t tear Nnloc• rdnnAi-;G0911 §7.3 The Owner's representative is: (Nance,address and other information) Sue Kotchevar Chief Financial Officer City of Eden Prairie 8080 Mitchell Road Eden Prairie.Minnesota 55344 §7.4 The Contractor's representative is: (Name,address and other information) Steve Chuba Proiect Manaser Grevstone Construction Comvanv 500 South Marsehall Road.Suite 300 Shakopee.Minnesota 55379 §7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS §8.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A101-1997. §8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997. §8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated; October IS.2006.and areas follows Document Title Pages Section 0820 Supplementary Conditions 20 Section 0825 Additional Supplementary 12 Conditions §8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3,and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Project Manual as listed in Table of Contents. SeGUOR Tithe Rages §8.1.5 The Drawings are as follows,and are dated October 18.2006 unless a different date is shown below: (Either list the Drawings here or•refer to air exhibit attached to this Agreement.) Title of Drawings exhibit: CS.A0.1.A1.1.A6.1.A8.1.A8.2 Numbef Title Date AIA Document AtO1TM—1997.Copyright©1915,1918,1925,1937,1951,1958,1951,1963.1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WART-111IG:This AIA- Document is protected by U.S.copyright lac?and International Treaties.unauthorized 5 reproduction or distribution of this AIA::` Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 09:27:47 on 11/29/2006 under Order No.1000231697_1 which expires on 41612007,and is not for resale. 11—r Nntnsv Ian1lAtridARtl §8.1.6 The Addenda,if any,tire as follows: Number Date Pages One November 6.2006 9 Two November 10.2006 18 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. §8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to fonm part of the Contract Documents.AIA Document A201- l 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. Then should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies,of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. OWNER(Signature) CONTRACTOR(Signature) (Printed name and title) (Printed nante and title) AIA Document A101T"—1997.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. INARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this AIA' Document,or any portion of it.may result in severe civil and criminal penatlies,and vrill be prosecuted w the maximum extent possible under the lavi. This document was produced by AIA software at 09:27:47 on 11/29/2006 under Order No.1000231697 1 which expires on 41612007,and is not for resale. II¢nr Nntncc t4nnRTA4UGtl CITY COUNCIL AGENDA DATE: SECTION: CONSENT AGENDA December 4,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILJ. Sue Kotchevar, Office of the Resolution Regulating Fees and Charges City Manager/Finance for Business Licenses, Permits, and Municipal Services Requested Action Move to: • Adopt Resolution Regulating Fees and Charges for Business Licenses,Permits and Municipal Services for 2007. Synopsis • This resolution requires approval on an annual basis. Attachments Reports listing changes Fee Resolution 2007 Fee Resolution - Changes from 2006 Service Description 2006 2007 COMMUNITY CENTER Annual Memberships-Resident Youth(18&under) $ 110.00 $ 120.00 Adult(19-54) $ 185.00 $ 205.00 Senior(55&over) Senior citizens receive 25%off the cost of all individual Community Center recreation programs offered $ 110.00 S 120.00 by the City of Eden Prairie to include:lessons,classes,open swim,open skate,racquetball,and the fitness center. Senior Citizens are not required to have a membership at the Community Center in order to receive the 25%discount on Community Center recreation programs. Senior dual household $ 130.00 S 145.00 Household S 265.00 S 295.00 Annual Memberships-Non-Resident Youth(18&under) $ 140.00 S 155.00 Adult(19-54) $ 240.00 $ 265.00 Senior(55&over) S 140.00 S 155.00 Senior dual household $ 170.00 S 190.00 Household $ 340.00 S 375.00 Three Monti:Memberships-Resident Youth(18&under) S 40.00 $ 45.00 Adult(19-54) $ 65.00 S 75.00 Senior(55&over) S 40.00 $ 45.00 Senior dual household S 45.00 S 50.00 Household $ 95.00 $ 105.00 Page 1 of 5 2007 Fee Resolution - Changes from 2006 Service Description 2006 2007 Three Month Memberships-Non-Resident Youth(I8&under) $ 50.00 $ 55.00 Adult(19-54) $ 85.00 $ 95.00 Senior(55&over) S 50.00 S 55.00 Senior dual household S 60.00 S 70.00 Household S 120.00 $ 135.00 Corporate Memberships Five adult memberships-or$175.00 per adult with a minimum or five S 825.00 S 875.00 To be eligible a company must be located in Eden Prairie Lifeguards S 13.00 S 14.00 OAK POINT POLL Pool Rental Small slide pool rental only Per hour for three lifeguards S 39.00 S 42.00 Requires a minimum of three lifeguards Additional lifeguards will be determined by management depending on group size and age Large pool rental only Per hour for two lifeguards $ 26.00 S 28.00 Requires a minimum of 2 lifeguards Based on non-holiday hours Rental of entire pool facility Per hour for five lifeguards S 65.00 S 70.00 Requires a minimum of 5 lifeguards ORGANIZED ATHLETICS Adult League Play Non youth sport teams Per game $ 25.00 S 30.00 Page 2 of 5 2007 Fee Resolution - Changes from 2006 Service Description 2006 2007 Ball Field Tournaments State,regional,and national tournaments Per day,per field $ 85.00 $ 90.00 Other youth and adult tournaments Per day,per field $ 85.00 S 90.00 Additional charge when lights are used Per day,per field S 5.00 $ 10.00 Clinics and Camps Per day,per field S 35.00 S 40.00 COMMUNITY GARDEN PLOTS 20 foot by 30 foot plot Residents only Senior citizen discount S 12.00 S 25.00 S 54.00 20 root by 60 foot plot Residents only Senior citizen discount$24.00 S 50.00 S 108.00 BUILDING INSPECTIONS Fire Alarm&Non-Water Suppression S I to$2,000 $ 71,50 S 73.75 $2,001 to$25,000 1st$2,000 plus$15.00 each WWI 51,000 or fraction thereof,to&including$25,000 S 71,50 S 73.75 $25,001 to 550,000 1st 525,000 plus 510.85 each add'151,000 or fraction thereof,to&including 550,000 S 405.00 S 418.75 550,001 to$100,000 1st$50,000 plus 57.50 each add'i$1,000 or fraction thereof,to&including$100,000 S 667.50 S 690.00 5100.001 to$500,000 1st 5100,000 plus$5.90 each add'l$1,000 or fraction thereof,to&including$500,000 $ 1,030.00 S 1,065.00 $500,001 to$1,000,000 1st$500,000 plus 55.05 each add'1$1,000 or fraction thereof,to&including S 1,000,000 S 3,330.00 S 3,425.00 51,000,001 &up Ist$1,000,000 plus 53.90 each add'i$1,000 or fraction thereof $ 5,780.00 $ 5,950.00 Fire Prevention Permits Special Hazard Pennit-MUFC Article 4 Maximum of 3 per site S 150.00 S 175.00 Page 3 of 5 2007 Fee Resolution - Changes from 2006 Service Description 2006 2007 Fire Sprinkler Systems $1 to S2,000 S 71.50 S 73.75 $2,001 to S25,000 1st$2,000 plus S15.00 each add'I S1,000 or fraction thereof,to&including$25,000 $ 71.50 S 73.75 S25,001 to$50,000 1st$25,000 plus$I0.85 each add'I S1,000 or fraction thereof,to&including$50,000 S 405.00 S 418.75 $50,001 to$100,000 1st$50,000 plus$7.50 each add'1$1,000 or fraction thereof,to&including$100,000 $ 667.50 S 690.00 $100,001 to$500,000 1st$100,000 plus$5.90 each add'I S1,000 or fraction thereof,to&including$500,000 S 1,030.00 S 1,065.00 S500,001 to$1,000,000 1 st S500,000 plus$5.05 each WWI S1,000 or fraction thereof,to&including S1,000,000 $ 3,330.00 S 3,425.00 S1,000,001&up Ist S1,000,000 plus$3.90 each add'1$1,000 or fraction thereof $ 5,780.00 $ 5,950.00 Water/Sewer Connection A connection fee of 515,512 per single unit Is applicable if the property has not participated in the cost of the S 15,060.00 S 15,512.00 utilities by other methods. ENGINEERING Permit for Right-or-Way Excavations Mainline utility and telecommunication installations Per/100 L.F $ 18.50 S 19.00 Repair or service excavation Turf area S 25.00 S 26.00 Pavement area S 61.00 S 63.00 Residential driveway $ 25.00 S 26.00 Commercial driveway $ 61.00 S 63.00 All other excavations Turf area $ 25.00 S 26.00 Pavement area $ 61.00 S 63.00 Special Assessment Searches '" No charge for Eden Prairie residents on searches of their homesteaded property Non-resident Per parcel $ 17.00 $ 17.50 Page 4 of 5 2007 Fee Resolution - Changes from 2006 Service Description 2006 2007 Street Signs 9 button delineator-red Includes post&install S 105.00 $ 108.00 Includes breakaway post&install S 126.00 S 130.00 Future road extension advisory Includes 2 posts&install-36"x 30" S 243.00 $ 250.00 Keep right symbol Includes 9 button delin-yellow,no post S 126.00 S 130.00 Includes 9 button delin-yellow,install,post S 150.00 $ 154.00 Includes 9 button delin-yellow,install&breakaway post $ 174.00 S 179,00 No outlet Includes post&install-24"x 24" $ 115.00 S 118.00 No parking Includes post&install S 131.00 S 135.00 Stop sign Includes brackets,install,no post-30"x 30" $ 126.00 $ 130.00 Includes brackets,install,with post-30"x 30" $ 150.00 S 154.00 Street name sign Includes install with 12'post-6"x 6" S 208.00 $ 214.00 Includes install with 12'post-6"x 9" $ 232.00 S 239.00 Includes install with 12'post-9"x 9" S 250.00 $ 257.00 Weight Restrictions Truck overweight permit fee Per trip $ 33.00 S 34.00 UTILITIES User Charges Water Per 1,000 gallons-Subject to minimum of 4,000 gallons per quarter per R.E.C. $ 1.35 S 1.55 Unmelered residential sewer only use charges S30 per quarter per R.B.C.plus a$6.25 fixed charge S 26.00 S 30.00 Page 5 of 5 2007 Fee Resolution - Facilities - Changes from 2006 Croup 1 Croup 2 Group 3 Facillty Facility information 2006.1 2007-1 2006-2 2007-2 2006-3 2007.3 j COAIMUN1'PY CENTER Ice Arena-Rink 91 or Kink 02 Spring prime time-March I ihru June 13-2 p.m.to 11 p.m. S 150.00 S 155.00 S 150.00 S 155.00 S 150.00 S 155.00 Per Hour Monday-Friday,weekends,holiday,&non-school days; $50 deposit required with ice rental reservation Fall prime time-September 1 Ihru September 30-2 p.m.to 11 p.m. S 150,00 S 155.00 S 130.00 S 155.00 S 150.00 S 155.00 Per Flour Monday-Friday,weekends,holiday,&non-school days; $50 deposit required with ice rental reservation Winter prime time-October I lbru February 29.2 p.m.to I i p.m. S 160.00 S 165.00 S 160.00 S 165.00 S 160.00 S 165.00 Per Hour Monday-Friday,weekends,holiday,&non-school days; S50 deposit required with ice rental reservation CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: Page BusinessLicenses.........................................................................................................................................1 Office of the City Manager CustomerService.........................................................................................................................................2 Facilities.........................................................................................................................................................2 Finance..........................................................................................................................................................3 Community Development Assessing......................................................................................................................................................3 Parks&Recreation CommunityCenter......................................................................................................................................4 Community Center-Policy of Group Rate&Liabilities.........................................................................6 OakPoint Pool.............................................................................................................................................6 Beaches..........................................................................................................................................................6 SpecialEvents...............................................................................................................................................6 OrganizedAthletics.....................................................................................................................................7 PleasantHills Cemetery..............................................................................................................................7 CommunityGarden Plots...........................................................................................................................7 Police.............................................................................................................................................................7 Fire BuildingInspections....................................................................................................................................9 Other..........................................................................................................................................................-11 Public Works Services Engineering................................................................................................................................................I I Engineering Land Development Services...............................................................................................12 Utilities........................................................................................................................................................12 Facilities Rental FacilityRental Information .....................................................................................................................14 City Center&Community Meeting Rooms .........................................................................................15 GardenRoom............................................................................................................................................ 15 CommunityCenter....................................................................................................................................16 OakPoint Pool...........................................................................................................................................17 ParkFacilities Rental................................................................................................................................ 18 SeniorCenter Rental................................................................................................................................ 19 Attachment A-Miscellaneous Fire Fees...........................................................................................20 2007 Fee Resolution Service Fee Description 11 S SS LICENSES Liquor-Non-Intoxicating Malt Liquors On-sale $ 750.00 Annual-If less than one year,amount will be prorated over remaining months. Off-sale S 150.00 Annual-If less than one ym amount will be prorated over remaining months. Investigation fee $ 500.00 Initial application Liquor-Intoxicating Malt liquors Growlers(off-sale) S 250.00 Annual Liquor On-Sale On-sale $ 8.500.00 Annual-If less than one year,amount will be prorated over remaining months. Investigation fee S 500.00 Initial application S 25.00 License change-new manager S M00 license change-other than management change Liquor On-Sale Fraternal Clubs Liquor on-sale S MOM Annual-If less than one year,amount will be prorated over remaining months. Investigation fee S 500.00 Initial application S 25.00 License change-new manager $ 150.00 License change-other than management change Liquor On-Sale Non-Fraternal Clubs liquor on-sale S 4,250.0D Annual Investigation fix S 500.00 Initial application S 25.00 License change-new manager S 150.00 License change-other than management change Liquor On-Sale Wine On-sale S 2,0D0.00 Annual-If less than one year.amount will be prorated over remaining months. Investigation fee S 500.00 Initial application S 25.00 License change-new manager S 150.00 Lirrnsa change-other than management change Liquor Other Temporary beer S - Requires application Temporary wine $ - Requires application Sunday liquor S 200.00 Annual-If less than one year.amount will be prorated over remaining months. Special events S 200.00 Per event Liquor Investigation Fee An investigation fee not to exceed$500 shall be charged to an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed$10,000 without prior approval,if the Investigation is required outside the State Other Bingo(Gambling) S Requires application Cigarettes S 250.0D Annual-if less than one year,amount will be prorated over remaining months. Dog kennels(Commercial) S 75.0D Annual-If less than one year,amount will be prorated wet remaining months. I 2007 Fee Resolution Service Fee Description Dog kennels(Private) $ 30.00 Annual-Ifless than one year,amount will be prorated over retaining months. Required for 3-5 animals Must also purchase individual dog licenses. I Dog license S 20.00 Biannual Inspections(Plumbing) S - No fee-State bondlinsumnce required Non-profit solicitor S - Requires application Peddlers $ 30.00 Annual-Government issued identification required Raffle(Gambling) S Requires application Refuse&garbage collectors S 100.00 Annual-I st Vehicle S 25.00 Annual-Each additional vehicle Scavengers S 10.00 Annual 1r.UMMP.RSRRVICF City Code City code-bound ropy S 100.00 Origiaal Chapter 11&11 S 10.00 j Maps and Printing 1st map per resident S No fee-distributed at customer service desk S 0.50 Each additional map-Distributed at customer service desk Per square foot S O.SO Miscellaneous printing City maps $ 5.00 Small sine 2'z3'or less S 9.00 Large size Overlay composites $ 11.00 Each-1l2 section Mark Hurd Co.topography snap S 12.50 Per acre if previously purchased by the City. Except$91sbcet if topo map purchased by other than City and with original purchasers permtasioa New order through Mark Hurd Co.-their original charge plus SSOlacc CD ROM specifications S 20.00 City Council agendas S 24.00 Annual.Pro-rated. City Council minutes S 75.0 Annual.Pro-rated. Duplicating costs S 0.Z5 Per page,plus postage,if applicable Planning Commission agendas $ 24.00 Annual.Pro-rated. Planning Commission minutes $ 50.00 Antral Pm-rued. Video tape of Council&Commission meetings S 5.00 Per tape,plus postage,if applicable FACILITIES Audio-Visual Equipment Dry erase board(3'x5')with markers S 7.50 Easel S &00 Extra pad of paper $ 12.00 Each 2 2007 Fee Resolution Service Pee Description Flipdrart/dry erase(247xW)with paper $ 10.00 Microphonelstand&speakers S 15.00 Microphone,wireless dip-on and speakers S 20.00 Overhead projector S 15,0D Podium,floor model $ 7.50 Podium,table top model S 5.00 Slide projector with carousel $ 15.D0 i Screen.projection(tripod stand)6'x6' $ 10.00 TVIVCR on cut S 15.00 Building Supervisor Monday-Thursday,5:00 pm.-14:00 p.m. $ 5.00 Per hour Weekends S 10.00 Per hour Custodial Time and a half will be dtarged on weekends S 25.00 Per hour FINANCE Tax Exempt Financing Charge Application fee S 2,000.00 Per transaction Annual fee Il5 of 1%on the unpaid principal balance at the end of each 12-month period This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No.95 135 and its subsequent reauthorization This charge is effective for all new projects receiving council authorization on or after March 1.1991 for the issuance of revenue authorization and for all cdsting projects which require council authorization an or after March 1,1991. ASSESSTNGt Value Abatement Per parcel S 25.00 Per year Copy of AppraisaUField Card $ 2A0 Electronic Copies of Data Bases Basic set-up charge $ 300.00 Prepayment required for all set-up charges{indudes 5100.00 for I.OGIS) Plus $ GAS Per record Plus media charge S - At actual cost Printed Copies of Reports or Databases Basic set-up charge S 200.00 Prepayment required for all set-up charges Plus S 0.25 Per page Electronic Copies of Reports Basic set-up charge S 200.00 Prepayment required for all sd-up c a%es Plus S 0.05 Per record 3 2007 Fee Resolution Service Fee Description CQMMUNrrY CENTER "A resident either lives or works in Eden Prairie.Valid for 12 months from date of purchase Annual Memberships-Resident Youth 08&under) S 120.00 Adult(19-54) S 205.D0 Senior(55&over) S 12D.00 Senior citizens receive 25%off the cost of all individual Community Center recreation programs offered by the City of Eden Prairie to include:lessons,classes,open swim,open skate,racquetball,and the fitness center.Senior citizens are not required to have a membership at the Community Center in order to receive the 25%discount Senior dual household S 145.00 Household S 295.00 Annual Memberships-Non-Resident Youth(18&under) S 155.00 Adult(19-54) S 265.40 Senior(55&over) S 155.OD Senior dual household S 190.OD Household S 375.00 Three Month Memberships-Resident Youth(IS&under) $ 45.00 Adult(19-54) S 75.00 Senior(55&over) S 45.00 Senior dual household $ 50.00 Household S 105.00 Three Month Memberships-Non-Resident Youth(18&under) S 55.00 Adult(19.54) S 95.00 Senior(55&over) $ 55.00 Senior dual household S 70.00 Household S 135.00 Corporate Memberships S 875.00 Five adult memberships-or$175,00 per adult with a minimum of five To be eligible a company must be located in Eden Prairie Equipment Rental " Free to Eden Prairie non pmfit service organization groups. Ice Skates S 1.50 Per pair Overhead projector S 15.00 Per use Projector screen $ 10.00 Per use 4 2007 Fee Resolution Service Fee Description Racquetball racquets $ 2.00 Per racquet TVfVCR cabinet S 1540 Peruse Fitness Center Must be age 14 and up to use Fitness Center Members Free Non-member individual use $ 5.00 Per use Rental of entire space $ 50.00 Per hour Individual Open Swim —Children under the age of 7 must be accompanied by an adult in the water Members Free Tot(ages 4&under) S 7-00 Non member Youth(ages 5 to 18) $ 3.00' Non member Adult(ages 19 to 54) S 3.50 Non member Senior(55&over) S 3.00 Non member Family S 10.00 Non member Lifeguards S 14.00 Per hour Lifeguards must be added as follows at the rate of$141hour. One to 50 swimmers Second lifeguard required 51-100 swimmers Third lifeguard required 101 or greater Additional lifeguards will be determined by management depending on group size and age Lockers There is no charge,but members/guests must provide their own lock Special lee Rates-Individual Open Skate Members Free Tot(ages 4&under) $ 2.00 Non member Youth(ages 5 to 1 S) $ 3.00 Non member Adults(ages 19 to 54) S 3.50 Non member Senior(55&over) S 3.00 Non member Family S 10.00 Non members-Maximum of four family members Special Ice Rates-School District 272 Ph-sical education cLisses S 65.00 Per hour-50%of non-prime time rate Hockey games Prime time rate-Personnel required to run the games supplied by others. City keeps the gate minus ice time and personal costs Special Pool Rates EP School Dist 272-physical education classes Based on prime time rate for 5,490 total square fed 5 2007 Fee Resolution Service Fee Description Lifeguard training class with EP School Phy Ed Dept S 95.00 Per student(31.000 minimum)When course is conducted by City Staff Swim meets S 57.00 Per hour COMMUNITY CENTER-POLICY OF GROUP ILAIE&&LIABILITIES Group Rentals '• Groups of 30 or greater will be charged the following for open swim or open slate fees with room rental. "Groups of 100 or greater will be charged the following with or without room rental Tot(ages 4&under) $ 2.00 Youth(ages 5 to 18) S 3.00 Adult(ages 19-54) $ 3.00 Senior(ages 55&over) $ 7-00 Family $ 9.00 Maximum of 4 family members Lock-in-11 p.m.to 5.30 am. •• Lock-in groups will be charged an additional$1 per person for groups greater than 150. Personal costs above stated rates include one building supervisor. ••Supervision will beat the discretion of the Community Center management.This will be based on the number of people to be using the center,as well as the age and type of group. Fitness center S 50.00 Per hour Ice rental 3 60.00 Per hour-Minimum charge of two hours Individual room use-Room A S 20,00 Pet hour Lifeguards S 14.00 Per hour •• I to 50 participants-2lifeguards required 51 to 100 participants-3 lifeguards required •• 100 plus participants-4 lifeguards required Additional lifeguards determined by management depending on group size and ages. Pool rental S 45.00 Per hour.Two hour minimum plus$14.001hr per lifeguard Racquetball courts-3 per hour S 40.00 Minimum charge of two hours. Each court S15 per hour for individual use Room rental-Meeting Room A S 200.00 Mmmum OAK POINT POOL Pool Rental-Lifeguards Pool rental in addition to these fen Small slide pool rental only $ 42.00 Per hour for three lifeguards Requires a minimum of three lifeguards Additional lifeguards will be determined by management depending on group size and age Large pool rental only S 28.00 Per hour for two lifeguards Requires a minimum of 2 lifeguards Based on non-holiday hours Rental of entire pool facility $ 70.00 Per hour for five lifeguards Requires a minimum of 5 lifeguards REACHES Boat&Manna Rental Canoe rack storage S 45.00 Per rack per season SPECIAL EV rNTS Use of City Sound System at Staring Lake Amphitheatre Rental rate for amphitheatre S 50.00 Per hour-Minimum of 2 hours Requires audio technician and use of City sound system,when sound equipment is needed. 6 2007 Fee Resolution Service Fee Description Audio technioan S 30.00 Per hour when required to monitor or run sound OR.ANT--D ATHLETICS Adult League Play Non youth sport teams S 30.00 Per game Hall Field Tournaments State,regional,and national tournaments S 90.00 Per day,per Geld Other youth and adult tournaments S 90.00 Per day,per Geld Additional charge when lights are used S 10.00 Per day.per Geld For new soccer field for tournament S 160.00 Per Geld set-up Clinics and Camps S 40.00 Per day,per Geld PLEASANT HILL CEMETERY Ground Thawing:November 1-April 1 Casket burial S 75.00 Cremation burial S 50.00 Internment Casket burials S 275.00 Vault size 12 inches by 24 inches $ 300.00 Vault size 12 inches by 36 inches S 400.00 Vault size 36 inches by 60 inches S 500.00 Vault size 48 inches by 96 inches Cremation burials S 200.00 Urn size 12 inches and under S 350.00 Um size over 12 inches Lot Resident $ 400.00 20%perpetual care&80%maintenance Non-resident S 600.00 Set Grave Markers Single S 150.00 Double $ 200.00 rQMM MTY GARDEN PLOTS 20 foot by 30 foot plot Residents only S 54A0 Senior citize t discount$12.00 20 foot by 60 foot plot Residents only S 108.00 Senior citizen discount 524.00 P01.I.CE Bicycle License $ 10.00 Data Processing Duplicating,audio recording S 10.00 Duplicating,documentation S 015 Per standard page Standard reports S 20.00 Per hour Non-standard report S 50.00 Per hour-Minimum charge is one hour 7 2007 Fee Resolution Service Fee Description Dog Impounding S 30.00 Istoffenseyear S 50.00 2nd offense year S 100.00 3rd offense year Boarding 5 11.00 Daily Euthanasia S 30.00 False Alarm Fee •' Each user is allowed three false alarm per calendar year without penalty 4th false alarm S 100.00 Sth false alarm S 200.00 6th&up false alarm S 300.00 Hunting&Trapping Landowner Free Resident $ 5.00 Non-resident $ 10.00 Other Photograph,other S 10.00 Plus actual cost Postage $ - Actual cost Pawn Shops Annual fee S 10,000.00 Investigation fee S 1,500.00 An investigation fee not to exceed$1.500 shall be charged by the City if the investigation is conducted the State,or the actual cost not to exceed SIQA00 without prior written approval if the investigation outside the State. Photograph,Booldng Standard S 20.00 Digital image $ 10.00 Police Officer Supplemental Employment S 60.00 Per hour-Minimum charge is three hours Radio Service Radio maintenance-mobile radio $ 6.00 Monthly S 78.00 Annual Radio maintenance-portable radio $ 6.00 Monthly S 7200 Annual Radio maintenance-telemetry radio $ 5.00 Monthly S 60.00 Annual Radio maintenance-telemetry interface S 5.00 Monthly $ 60.00 Annual Labor charges-installation S 50.00 Regular hours S 75.00 Nights Weekends Labor charges-non-included services S 50.00 Regular hours $ 75.00 Nights Wcckends Reports Resident $ Free to residents 8 2007 Fee Resolution Service Fee Description Non-resident $ 3.00 First two pages S 0,25 Additional page Transcribe.Audio Tape S 25.00 Per hour-Minimum charge is one hour BUILDING N¢p-CTMS Fire Alarm&Non-Water Suppression $l to$2,000 S 73.75 $2,DOI to$25,000 S 73.75 1st$2.000 plus$15.00 each addl S1,000 or fraction thereof,to&including 525.000 $25.001 to$50.000 S 418.75 1st 325.000 plus$10.85 each addl$1.000 or fraction thereof,to&including$50,000 $50,001 to S1O0,0DO S 690.00 1st S50,000 plus$7.50 each addl S1,000 or fraction thereof.to&including$100,000 S100.001 to S500,000 $ 1.065.00 1st$100,000 phis S5.90 each addl SI,DDD or 6action thereof,to&including$500,ODO S500.001 to S1,000,000 S 3.425.00 1st S500.000 Phu S5.05 each addl S1,ODO or fraction thereof,to&including S1,000,00D $1.00001&up S 5.950.00 1st$1,000,ODO plus$3.90 each addl$1,000 or fraction thereof Plan chug 65%of the building permit fee if valuation is greater than S2,000 Fire Prevention Miscellaneous fees S 80.00 Per Minnesota State Fire Code(See Attachment A for listing of fees) Fire Prevention Permits Burring permits $ 80.00 Per site.Limit 2 days per week Fireworks S 25.00 Plus standby firefighters at present hourly rate Rate set by the State Fireworks sales $ - Maximum rate set by the State Flammable&combustible liquid tank removal S 80.00 Per tank Less than 1,000 gallons S 160.00 Per tank Greater than 1.000 gallons Grease vapor removal system cleaning S 100.00 Per cleaning LP gas,flnrmrnable&combustible liquid tank install S 200.00 Per tank LP gas tank(temporary beat) S 7S.00 Per tank Special Hazard Permit-MUFC Article 4 S 175.00 Maximum of 3 per site Tents/canopy(Residential) S 40.00 Per tent Tents/canopy(Commercial) S 80.00 Per tent Fire Sprinkler Systems $1 to S2,0DO S 73.75 S2,001 to$25,000 S 73.75 13t$2.M plus$15.00 each addl$1.000 or fraction thereof to&including$25.000 $25,001 to S5D.WD S 41&75 I st$25,000 plus 310.85 each addl S1.000 or fraction thereof,to&including$50.000 $50,001 to$IDO,000 S 690.00 1st 550.000 plus S7.50 each addl$1,000 or fraction thereof,to&including S100,000 SI ODA01 to$500.000 S 1,065.00 1 st$100.000 plus$5.90 earn addl$1,000 or fraction thereof.to&including S500,DOO 9 2007 Fee Resolution service Fee Description I $500.001 to$1,000,000 S 3,425.00 Ist S500,000 plus$5.0S curb add?S1,000 or fraction thereof,to&including$1,000,OW ' SI,000.001&up S 5,950,00 Ist$1,000.000 plus$3.90 each add?$I.000 or fraction thereof Plan checking S bs%of the building permit fee if valuation is greater than 34M Hewing&Ventilating-Job Valuation 0 to$1,000 $ 30.00 $1,001 to$10,000 $ 30.00 Ist$1,000 plus$1.70 for each add)5100 or fiaction thereof,to and including$10,000 $10,001 to S50,000 S 193.00 Ist S10.000 plus$14.05 for cub addl S1,OD0 orbaction thereof,to and including$50,000 $50,001 and up S 745.00 Ist$50,000 plus 311.30 for each additional SIAD0 or fraction thereof Heating&Ventilating-Other Gas piping $ 10.00 Each opening Reinspeetion $ 50.00 Investigation fee S - Equal to the amount of permit fee(charges for work started w/o a permit) Moving a Building Moving a building S 250,00 $1,000 deposit each from the owners of the building and building mover Moving a garage only S 50.00 SI,000 deposit each from the owners of the building and building mover Plumbing-Job Valuation Residential appliance only-5%labor cost S 15.00 Minimum $0-$1,000 S 30.00 Minimum $1.001-$10.000 S 30.00 1st S1.000 plus 2.45%for amount over$1.000 to&induding S10.000 $10.001&up S 250.50 Ist$10.000 plus 2%for amount over S10A00 For each openings on gas S 10.00 Inside change over-sewer,water or both S 15.00 Meter inspection $ 15.00 Municipal sewer S 20.00 per 300 fed Municipal water $ 20.00 per 100 fed Storm sewer&sub soil drains S 20.00 per 100 feet Sewage disposal S 150.00 Plumbing-Other lospectious&Fees Reinspection fee S 50.OD Each Investigation fee-all work started without a permit S - Equal to the amount of permit fee Rental Licenses Fees S 50.00 for a single rental dwaing or S50.00 or S50.00 for the Ist unit in a complex+S9A0 for each additional rental unit Septic system Pumping S 20.00 System Access Charges-Utility Charges For Metro sanitary sewer as established by the Metropolitan Waste Commission 10 2007 Fee Resolution Service Fee Description System Access Charges-Utility Charges Sanitary Sewer Residential S 520.00 Per R.EC. Industrial,public, office S 895.00 Per Metro SAC Commercial S 1.270.00 Per Metro SAC System Access Charges-Utility Charges Water Residential S 2,190.00 Per R.LC. Industrial,public,affhce $ 2,830.00 Per Metro SAC ' Commercial S 3.470.00 Per Metro SAC Water/Sewer Connection S 15.512.0D A connection fee of S 15512 per single unit is applicable if the property has not participated in the cost of the utilities by other methods. OTHER '• Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Engine company S 150.00 Per hour Ladder company S 200.00 Per hour i I Rescue.grass rig,or rescue boat S 100.00 Per hour Specialized Personnel Chief Officer,Investigator S 50.00 Per hour Tools/supplies used $ . At cost Firefighter supplemental employment S 35.00 Per 3 hour block-Minimum charge of three hours RNGINEFRING Permit for Right-of-Way E=vatfoas Mainline utility and telecommunication installations $ 19.00 Per/100 LF Repair or Service excavation S 26.00 Turf area S 63.00 Pavement area Residential driveway S 26.00 Commercial driveway S 63.00 A0 other euavatitns S 2&00 Turf area S 63.00 Pavement area Special Assessment Searches •• No charge for Eden Prairie residents on searches of their homesteaded property Non-resident S 17.50 Per pared Street Signs 9 button delineator-red S 108.00 Includes post&install S 130.00 Includes breakaway post&install Future road czteasion advisory S 250.00 Includes 2 posts&install-36"x 30' Keep right symbol S 130.00 Includes 9 button delin-yellow,no post S 154.00 Includes 9 button delis-yellow,install,post S 179.00 Includes 9 button delia-yellow,install&breakaway post 11 i 2007 Fee Resolution Service Fee Description No outlet S 119.00 Includes post&install-24'x 24' No parking S 135.00 Includes post&install-Used for Turn-Around Stop sign $ 130.00 Includes brackets,install,no post-30'x 30' S I54.00 Includes brackets,insia0,with post-30'x 30" Street name sign S 214.00 Includes install with IY post-6'x 6' S 239.D0 Includes install with IT post-6'x 9' S 257M Includes install with IT post-Sr x 9' Temporary street name sign S 150.00 Plus 15%surcharge for maintenance undll permanent signs in place Weight Restrictions Truck overweight permit fee $ 34.00 Per trip ENGINEERM-J ND DEVELOPMENT Cljg,VICES Street Lighting Fee For new subdivisions $ - Charged at prevailing NSP rates and collected for 36 months at time of final plat UTILITIES Fire Hydrant Use!Meter for Construction and Irrigation Permit $ 30.00 Fire hydrant damage deposit S 200.00 Applied to the final bill 3'meter deposit S 400.00 Refundable All other meter deposits S 100.0o Refundable Iawn Irrigation Restrictions "•Surcharges for non-compliance with lawn irrigation restrictions and prohibitions First occurrence $ 25.00 Second occurrence S 50.00 Third occurrence S IDD.00 Fourth occurrence S 20D.00 Fifth&subsequent occurrences within a two S 300.00 year period New Construction Coll Form Bacteria Resampling T&M-Based on actual laboratory costs,employee time and utility truck rental rates. These costs are above and beyond the initial sampling costs and are directed at proje=that has multiple failures. New Construction Mechanical Reinspections T&M-Directed at projects that require multiple visits to complete initial inspection.Same criteria as toll form tesampling Storm Drainage Land Use Quarterly Fee Single-family homes S 3.00 Each Multi-family/apartments S 29.70 Acre Industrial S 29.70 Acre Commerciallol3ice S 38.07 Acre Institutions S 33.66 Acre Airpord1wilfill $ 7.38 Acre 12 2007 Fee Resolution Service Fee Description Parks/open space/golf course $ 4.14 Acre Undeveloped land S 10.00 Each User Charges Penalty for billed charges:I%per month on amount not paid within 30 days of billing ••A residential equivalent connection(REC.)is one dwelling unit ••The minimum monthly use charge for uses other than residential shall be the same as 1 REC Sanitary sewer S 1.95 Per 1,000 gallons-Subject to minimum of 4,000 gallons per quarter per R.E.C. Water $ 1.55 Per 1.000 gallons-Subject to minimum of 4,000 gallons per quarter per R.E.0 Fixed charges 3 12.50 Per quarter Each REC will be billed:S625 fixed charge for water and$6.25 fixed charge for sewer Fixed charges are billed on the greater of the number of REC's on connections Unmetered residential sewer only S 30.00 use charges S30 per quarter per REC plus a S6.25 fixed charge Administrative fee 5 40.00 Flat charge is added to the current balance due to obtain the total certified amount Water conservation surcharge $ Residential customers at subject to water conservation surcharge of S3.00 per 1,000 gallons for usage exceeding 150%of winter quarter use or 36,000 gallons per quarter,whichever is greater,not to exceed$100.00, Water flow test for 5/8•meters $ 25.00 When consumption is challenged by a customer&the meter is accurate Water service turn ontoff $ 25.00 After initial turn on,any non-unergency ontoff request by a commercial leading institution, government agency(HUD).or private property management service Water softening&filtering S - No fee-State license required 13 Fee Resolution Facility Priority Rental Classifications: A.City Government-Any activity related to the operations of Eden Prairie's City Government including,but not limited to,City Council,Board and Commission meetings,City programs and events,City sponsored public meetings,as well as State and County related committees, including Minnesota's federal and state representatives. People Reaching Other People(PROP)shall be included as the City's non-profit social services/food shelf agency. This group will not be charged. B.CommunityGroup I - Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public P P agencies and Eden Prairie ie based civic groups, religious organization,anization, Youth organization and oth er groups which contribute to the well being and betterment of the community. A civic,non-profit or resident group is considered Eden Prairie based,if it has at least 75%of its membership roster residing in the City. C. Community Group H - Eden Prairie based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use,such as family gatherings,parties,etc. D.Non-Community Group III-Non-resident individuals and groups. Eden Prairie residents and businesses may not make reservations for non-Eden Prairie residents and busine City Rental Facilities: Amphitheatre-located at Staring Lake Park City Center-meeting rooms,conference rooms,a traditional training room,and the Council Chambers Community Center-ice arenas;standard size rink and Olympic size rink,meeting rooms, racquetball/Wally ball courts, and swimming pool Outdoor Center-located at Staring Lake Park Park Pavilions &Shelters-Round Lake Park Pavilion,Homeward Hills Park Shelter, Round Lake Park Shelter,Staring Lake Park Shelter,Miller Park Shelters,Nesbitt Park Shelter,Riley Lake Shelter,Purgatory Creek Recreation Area Shelter, and Crestwood Park Shelter. Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood shop regulations) Warming Houses-located throughout the City 14 2007 Fee Resolution - Facilities Facility Facility Information Pee Group i Group 2 Group 3 CITY CENTER&COMMUNITY MUTING ROOMS All rooms must be vacated by 10:00 p.m. The heritage room is an official emergency shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly. " Standard room set up is Included in the fee. Additional set up charges will be incurred for special room arrangements, $25.00 for the heritage room(one quarter). $50.00 for the heritage room(half)and S100.00 for the heritage room(whole). Atrium 1 Conference Room Standard conference=10;aller 4:30-10p.m.;Mon-Fri; $ 10.00 $ 15.00 S 20.00 Per Hour Limited availability;City priority Atrium 11 Conference Room Standard conference=6;after 4:30-1 Op.m.;Mon-Fri; $ 10.00 $ 15.OD $ 20.00 Per Hour Limited availability;City priority Atrium III Conference Room Standard conference=10,After 4:30-1Op.m.;Mon-Fri; $ 10.00 $ 15.00 S 20.00 Per Hour Limited availability;City priority Council Chamber Restricted use;Standard set-up;No food/beverages; $ 50.00 s 60.00 S 75.00 Per Hour AV technician required,w/extra charge Heritage Room(one quarter) Limited set-up;Maximum capacity=40 $ 15.00 S 25.00 S 35.00 Per Hour Heritage Room(half) Maximum capacity=100 $ 25.00 $ 35,00 $ 45.00 Per Hour Heritage Room(whole) Maximum capacity=200 S 40.00 $ 50.00 $ 75.00 Per Hour Lower Atrium Maximum capacity=100.Limited availability; S 25.00 $ 35.00 $ 45,00 Per Hour Afier4:30-10p.m.;Mon-Fri;w/special arrangements Prairie Room Standard conference=18;after 4:30-1Op.m.;Mon-Fri; $ 10,00 $ 15.00 $ 20.00 Per Hour Limited availability;City priority GARDEN ROOM Garden Room Group 1=with meal service-catering charge only $ S - $ - Group 2&3-first 4 hours $ - $ 300.00 $ 400.00 Group 2&3=alter four hours,each additional hour plus catering charge s S 50.00 $ 75.00 2007 Fee Resolution - Facilities Facility Facility information Pee Group I Group 2 Group 3 COMMUNITY CENTER Eden Prairie Associations will be charged$15.00/hr for team parties/activities where food and beverages are provided as part of the activity. Group I will still be charged 55.00/hr for all other meetings. »" Request must be submitted to Community Center Manager or Customer Service Representative a minimum of two weeks prior to requested date.Times and dates must not conflict with an existing program or activity. City programs have priority. Eden Prairie Athletic Associations receive one free meeting room use per month. " For Group 11 and Group III,discounted meeting rooms are avail.7:00 am to 3:00 pm,Tues to Thur. Ice Arena-Rink#1 or Rink#2 Spring prime time-March I thru June 13-2 p.m.to I I p.m. $ 155.00 S 155.00 S 155.00 Per Hour Monday-Friday,weekends,holiday,&non-school days; $50 deposit required with ice rental reservation ,— Spring non-prime time-March 1 thru June 13-before 2 p.m,and after 11 p.m. $ 130.00 S 130.00 $ 130.00 Per Hour Monday-Friday;$50 deposit required with ice rental reservation Summer time-June 14 thru Aug 31-6 a.m.to I p.m. $ 130.00 $ 130.00 $ 130.00 Per Hour Fall prime time-September I thru September 30 -2 p.m.to i i p.m. S 155.00 $ 155.00 S 155.00 Per Hour Monday-Friday,weekends,holiday,&non-school days; $50 deposit required with Ice rental reservation Fall non-prime time-September 1 thru September 30-before 2 p.m.and after l i p.m. $ 130.00 S 130.00 S 130.00 Per Hour Monday-Friday;$50 deposit required with ice rental reservation Winter prime time-October I thru February 29-2 p.m.to 1 I p.m. $ 165.00 $ 165.00 S 165.00 Per Hour Monday-Friday,weekends,holiday,&non-school days, $50 deposit required with ice rental reservation Winter non-prime time-October 1 thru February 29-before 2 p.m.and after 11 p.m. $ 130.00 $ 130.00 $ 130.00 Per Hour Monday-Friday;$50 deposit required with ice rental reservation 2007 Fee Resolution - Facilities Facility Facility Information Fee Group 1 Group 2 Group 3 Meeting Room-Upper Lobby 7:00 a,m,to 3:00 p.m.-Tues through Thurs.User group must purchase room for no charge $ 5.00 $ 10.00 Per Hour (Discounted Group II and III Rates) minimum of 30-hour time block.Each time block must be a minimum of 2 hours in length. Request must be submitted to Community Center Manager or Customer Service Representative Meeting Room A&B Discounted group rates S 5100 $ 10.00 $ 20.00 Per Hour Meeting Room A&B Eden Prairie Athletic Associations receive one free meeting room use per month $ 5.00 $ 20.00 S 25.00 Per Hour Parking Permits 2006/2007 school year-August 9th thru November 301h $ 350.00 $ 350.00 $ 350.00 2006/2007 school year-December 1st thru February 28th $ 175.00 $ 175.00 S 175.00 2006/2007 school year-March 1st thru June IOth $ 100.D0 $ 100.00 $ 100.00 Racquetball Free with membership(Per Person) $ 5.00 S 5.00 $ 5.00 Per Hour v Swimming Pool(capacity 268) Prime time-6 a.m,to 5 p.m.Monday thru Saturday/noon to 5 p.m.on Sundays $ 59.00 $ 59.00 S 59.00 Per Hour Non-prime time-5 p.m.to 9 p.m.Monday thru Sunday $ 49.00 S 49.00 S 49,00 Per Hour Discounted rate-9 p.m.to 1 I p.m.Monday thru Sunday plus cost of lifeguards at$14/hour $ 44.00 S 44.00 S 44.00 Per Hour Walleyball Members no charge.Non-member is$5.00/hour per person $ 15.00 $ 15.00 $ 15.00 Max per]your OAK POINT POOL " Lifeguards must be added as follows at the rate of$14.00 an hour, small slide pool rental only-minimum 3 lifeguards, large pool rental only-minimum of 2lifeguards.rental of entire pool facility-minimum of 5 lifeguards Additional lifeguards will be determined by management depending on group size and age. Sunday rentals require an additional$31.50 an hour maintenance fee for the rental of 6 lanes of the pool. For Sunday rental of the entire pool,an additional$55.00 an hour is required. 2007 Fee Resolution - Facilities Facility Facility Information Pcc Group 1 Group 2 Group 3 Oak Point Pool Rental Prime time.6 a.m.-5 p.m.,Monday-Saturday;and noon-5 p.m.Sunday $ 59.00 S 59.00 $ 59.00 Per Hour Non-prime time:5 p.m.-9 p.m.,Monday-Sunday $ 49.00 S 49.00 $ 49.00 Per Hour Discount rate:9 p.m.-I p.m.,Monday-Sunday $ 44.00 $ 44.00 $ 44.00 Per Hour PARK FACILITIES RENTAL " All parks free to Eden Prairie Non-Profit Service Organization Groups All parks REQUIRE a$200 deposit Eden Prairie School District Programs charged only direct cost for all parks No private group of over 300 will be allowed to reserve facilities at any park.(Maximum number at Staring Park will be 150.) Crestwood Park Building Full Day-Maximum capacity varies S 70.00 S 70.00 $ 70.00 00 Homeward Hills Barn 1/2 Day-Maximum capacity varies $ 100.00 $ 100.00 $ 100.00 Full Day-Maximum capacity varies S 140.00 $ 140.00 S 140.00 Miller Park Building Full Day-Maximum capacity varies S 70.00 S 70.00 $ 70.00 Nesbitt Park Building Full Day-Maximum capacity varies $ 70.00 $ 70.00 $ 70.00 Outdoor Center Per hour-2 hour minimum-Maximum capacity varies S 35.00 S 35.00 $ 35.00 Purgatory Creek Recreation Area Pavilion 1/2 Day-Maximum capacity varies $ 125.00 $ 125.00 $ 125.00 Full Day-Maximum capacity varies $ 185.00 $ 185.00 $ 195.00 Riley Lake Park Pavilion 1/2 Day-Maximum capacity varies $ 125.00 $ 125.00 $ 125.00 Full Day-Maximum capacity varies $ 185.00 $ 185.00 S 185.00 Riley-Jacques Barn Per hour-2 hour minimum-Maximum capacity varies $ 35.00 $ 35.00 $ 35.00 Round Lake Park Building 112 Day-Maximum capacity varies $ 100.00 $ 100.00 $ 100.00 Full Day-Maximum capacity varies 5 140.00 S 140.00 $ 140.00 2007 Fee Resolution - Facilities Facility Facility lnformation Pee Group 1 Group 2 Group 3 Round Lake Pavilion 112 Day-Maximum capacity varies S 100.00 $ 100.00 $ 100.00 Full Day-Maximum capacity varies S 140.00 $ 140.00 S 140.00 Staring Lake Park Amphithealre Per hour-2 hour minimum-Maximum capacity varies $ 50.00 $ 50.00 $ 50.00 Sound Tech&Sound Equipment-2 hour minimum $ 30.00 S 30.00 S 30.00 Staring Lake Park Building 1/2 Day-Maximum capacity varies '$ 100.00 $ 100.00 $ 100.00 Full Day-Maximum capacity varies $ 140.00 $ 140.00 $ 140.00 Warming Houses Supervision required-2 hour minimum $ 10.00 $ 30.00 $ 30.00 Per hour December 15-March I SENIOR CENTER RENTAL. Senior Center Community Room Only Maximum capacity approx.90 theatre style,50 table seating with use of pool table and piano $ 25.00 $ 25.00 $ 25.00 Per hour Senior Center Community Room Including kitchen and lounge $ 30.00 $ 30.00 $ 30.00 Per hour r Senior Center Kitchen Approx.15 people with use of appliances S 15.00 S 15.00 $ 15.00 Per hour Senior Center Lounge Approx,20 with use of big screen'rV plus VCR/DVD $ 10.00 S 10.00 $ 10.00 Per hour Senior Center Room 201 Approx.40 people theater style,25 to 30 table seating $ 15.00 $ 15.00 $ 15.00 Per hour Senior Center Room 203 Approx.25 people theater style,15 to 20 table seating $ 10.00 $ 10.00 $ 10.00 Per hour Senior Center Room 209 Approx.10 to IS $ 5.00 $ 5.00 $ 5.00 Per hour Attachment A Permits from the Minnesota State Fire Code(MSFC)covered under the"miscellaneous"fee category on the fee resolution. Operational Permits Aerosol products.An operational permit is required to manufacture,store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds(227 kg)net weight. Amusement buildings.An operational permit is required to operate a special amusement building. Aviation facilities.An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles.Additional permits required by other sections of this code include,but are not limited to,hot work,hazardous materials and flammable or combustible finishes. Battery systems.A permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons(189 Q. Carnivals and fairs.An operational permit is required to conduct a carnival or fair. Cellulose nitrate film.An operational permit is required to store,handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations.An operational permit is required to operate a grain elevator, flour starch mill,feed mill,or a plant pulverizing aluminum,coal,cocoa,magnesium,spices or sugar,or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers.An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet(2.8 m3). Exception:A permit is not required for agricultural storage. Compressed gases.An operational permit is required for the storage,use or handling at normal temperature and pressure(NTP)of compressed gases in excess of the amounts listed in Table 105.6.9. Exception:Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings.An operational permit is required for. 1.The placement of retail fixtures and displays,concession equipment,displays of highly combustible goods and similar items in the mall. 2.The display of liquid-or gas-fired equipment in the mall. 3.The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids.An operational permit is required to produce,store,transport on site,use,handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11. Exception:Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Dry cleaning plants.An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows.An operational permit is required to operate exhibits and trade shows. Explosives.An operational permit is required for the manufacture,storage,handling,sale or use of any quantity of explosive,explosive material,fireworks,or pyrotechnic special effects within the scope of Chapter 33. Floor finishing.An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet(33 m2)using Class I or Class II liquids. Fruit and crop ripening.An operational permit is required to operate a fruit,or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. 20 Fumigation and thermal insecticidal fogging.An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room,vault or chamber in which a toxic or flammable fumigant is used. HPM facilities.An operational permit is required to store,handle or use hazardous production materials. High-piled storage.An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet(46 m2). Hotwork operations.An operational permit is required for hot work including,but not limited to: 1.Public exhibitions and demonstrations where hotwork is conducted. 2.Use of portable hotwork equipment inside a structure. Exception:Work that is conducted under a construction permit. 3.Fixed-site hotwork equipment such as welding booths. 4.Hotwork conducted within a hazardous fire area. 5.Application of roof coverings with the use of an open flame device. Industrial ovens.An operational permit is required for operation of industrial ovens regulated by Chapter 21. Lumber yards and woodworking plants.An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet(8,333 ft3)(236 m3). Liquid-or gas-fueled vehicles or equipment in assembly buildings.An operational permit is required to display,operate or demonstrate liquid-or gas-fueled vehicles or equipment in assembly buildings. 1 Magnesium.An operational permit is required to melt,cast,heat treat or grind more than 10 pounds (4.54 kg)of magnesium. Miscellaneous combustible storage.An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet(71m3)gross volume of combustible empty packing cases,boxes, barrels or similar containers,rubber tires,rubber,cork or similar combustible material. Open burning.An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street,alley,road,or other public or private ground.Instructions and stipulations of the permit shall be adhered to. Exception:Recreational fires. Open flames and candles.An operational permit is required to remove paint with a torch;use a torch or open flame device in a hazardous fire area;or to use open flames or candles in connection with assembly areas,dining areas of restaurants or drinking establishments. Organic coatings.An operational permit is required for any organic-coating manufacturing operation producing more than I gallon(4 L)of an organic coating in one day. Places of assembly.An operational permit is required to operate a place of assembly. Pyrotechnic special effects material.An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics.An operational permit is required for storage or handling of more than 25 pounds(11 kg) of cellulose nitrate(pyroxylin)plastics and for the assembly or manufacture of articles involving pyroxylin plastics. Refrigeration equipment.An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. Repair garages and service stations.An operational permit is required for operation of repair garages and automotive,marine and fleet service stations. Rooftop heliports.An operational permit is required for the operation of a rooftop heliport Spraying or dipping.An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15. 21 Storage of scrap tires and tire byproducts.An operational permit is required to establish,conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet(71m3)of total volume of scrap tires and for indoor storage of tires and tire byproducts. Temporary membrane structures,tents and canopies.An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet(19 m2), or a canopy in excess of 400 square feet(37 m2). Exceptions: 1.Tents used exclusively for recreational camping purposes. 2.Fabric canopies and awnings open on all sides which comply with all of the following: 2.1.Individual canopies shall have a maximum size of 700 square feet(65 m2). 2.2.The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3658 mm)shall not exceed 700 square feet(65 m2)total. 2.3.A minimum clearance of 12 feet(3658 mm)to structures and other tents shall be provided. Tire-rebuilding plants.An operational permit is required for the operation and maintenance of a tire rebuilding plant. Waste handling.An operational permit is required for the operation of wrecking yards,junk yards and waste material-handling facilities. Wood products.An operational permit is required to store chips,hogged material,lumber or plywood in excess of 200 cubic feet(6 m3). Construction Permits Compressed gases.When the compressed gases in use or storage exceed the amounts listed in Table 105.6.9,a construction permit is required to install,repair damage to,abandon,remove,place temporarily out of service,or close or substantially modify a compressed gas system. Exceptions: 1.Routine maintenance. 2.For emergency repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work The permit applicant shall apply for approval to close storage,use or handling facilities at least 30 days prior to the termination of the storage,use or handling of compressed or liquefied gases.Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3.The 30- day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids.A construction permit is required: 1.To repair or modify a pipeline for the transportation of flammable or combustible liquids. 2.To install,construct or alter tank vehicles,equipment,tanks,plants,terminals,wells,fuel-dispensing stations,refineries,distilleries and similar facilities where flammable and combustible liquids are produced,processed,transported,stored,dispensed or used. 3.To alter,abandon,place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank Hazardous materials.A construction permit is required to install,repair damage to,abandon,remove, place temporarily out of service,or close or substantially modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21. Exceptions: 1.Routine maintenance. 2.For emergency repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work 22 Industrial ovens.A construction permit is required for installation of industrial ovens covered by Chapter 21. Exceptions: 1.Routine maintenance. 2.For repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work LP-gas.A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping.A construction permit is required to install or modify a spray room,dip tank or booth. 23 Fees not stated in this Resolution may be set by tYanag the City Manager. All Resolutions of the City of Eden Prairie,Minnesota,relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 4th day of December,2006,to be effective the lst day of January,2007. Nancy Tyra-Lukens ATTEST: Kathleen Porta,City Clerk i CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 4, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.K. Sue Kotchevar, Office of the Agreement with Lincoln Parc City Manager/Finance Apartments, LLC Requested Action Move to: • Approve agreement with Lincoln Parc Apartments, LLC, establishing a repayment schedule for overpayments made as part of the TIF district agreement. Synopsis During a review of the City's TIF districts, it was discovered that Lincoln Parc Apartments, LLC was incorrectly overpaid$136,089.73 since 2002. This agreement sets up a payment schedule for repayment of this amount. Attachments Agreement AGREEMENT BY AND BETWEEN THE THE CITY OF EDEN PRAIRIE (CITY) AND LINCOLN PARC APARTMENTS,LLC (SUCCESSOR DEVELOPER) THIS AGREEMENT is made as of 4Gteber �, 2006 between the CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota (the "City"), and Lincoln Parc Apartments, LLC, a Minnesota limited liability company (the "Successor Developer"). WITNESSETH: WHEREAS, the City and Hartford Associates, LLC, a Minnesota limited liability company as Developer entered into that certain Project Management Agreement (the "Project Management Agreement")dated as of June 20, 2000 (the Original Agreement") wherein the City agreed to provide tax increment financing to reimburse the Developer for certain qualified costs pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended (the "Tax Increment Act"); WHEREAS, the Original Agreement was amended by Amendment No. I dated November 14, 2000, recorded in the Office of the Hennepin County Registrar of Titles on December 6, 2000, as Document No. 3339042; WHEREAS, the Original Agreement as amended by Amendment No. I was further amended by Amendment No. 2 entered into by and between the City and Lincoln Parc Apartments, LLC, a Minnesota limited liability company (as successor to Hartford Associates, LLC),dated September 30, 2003 and recorded in the Office of the Hennepin County Registrar of Titles on November 5, 2003, as Document No. 3871 I69. The Original Agreement as amended by Amendment No. 1 and Amendment No. 2 are referred to herein as the"PMA Agreement"; WHEREAS, Paragraph 3.5 of the PMA Agreement requires the City to pay the Successor Developer or its lender tip to seventy-five percent (75%) of the Tax Increment in semi-annual Tax Increment Financing(TIF)payments for the PMA Agreements Term. NOW THEREFORE,the parties agree as follows: 1. The City paid Successor Developer ninety percent (90%) of the Tax Increment semi-annually in 2002, 2003, 2004 and 2005 resulting in an overpayment of TIF monies under the Project Management Agreement in the amount of One Hundred Thirty-six Thousand and Eighty-nine Dollars and 73/100($136,089.73). 2. The Successor Developer acknowledges the overpayment and hereby agrees that City may witl-liold from the City's annual TIF payments or adjusted annual TIF payments ("TIF Payments ) for the years 2002, 2003, 2004 and 2005 a total amount of One Hundred Thirty-six Thousand and Eighty-nine Dollars and 73/100 ($136,089.73)as follows: The City may withhold from each semi-annual TIF payment to the Successor Developer the amount of Fifteen Thousand Dollars ($15,000.00) beginning with the TIF payment due in July of 2006 and continuing tluough the semi-annual installment due in 2010, except the City may withhold from the final TIF Payment in 2010, Sixteen Thousand Eighty-nine Dollars and 73/100 ($16,089.73). In the event any scheduled TIF Payment,prior to the deduction provided for herein, is determined to be less than the amount of the reduction ($15,000.00 or $16,089.73 in the case of the final TIF Payment), Successor Developer shall pay to the City the difference between the amount of the reduction and the amount of the TIF Payment that would have been paid by the City before the reduction. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY: SUCCESSOR DEVELOPER: THE CITY OF EDEN PRAIRIE LINCOLN PARC APARTMEYT -1 LC. By By: 1 Its Nancy Tyra-Lukens Mayor Chief Manager By Scott H.Neal Its City Manager STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of October, 2006, by Nancy Tyra-Lukens and Scott H. Neal, the Mayor and the City Manager, respectively, of the City of Eden Prairie,a Minnesota municipal corporation,of behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) 0 V-e Vill b� The foregoing instrument was acknow edged before me this dayof Qetvber, 2006, by 1_�IO MCCS gt�h,'y Liar the �(�5 }� LgV1'�, of Lincoln Parc Apartments, LLC, a Minnesota limited liability company,on behalf of the limited liability company. TONYEA PATTERSON Notary Public N°tarYPub►ic-Minnesota '•` on ssT P:�Fimnc\LP1LincotnPark\T[F AGREGMGN t h C0771mt ' E' res Jan 31.2010 'UYN CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Community Becker Rezoning Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to Rl- 13.5 on 0.83 acres. Synopsis This is a rezoning of a single family lot from Rural to R1-13.5 located at 9795 Bluff Road. Background Information The owner recently requested a 2,678-sq. ft. basement finish and building addition to the home. The addition does not meet the side yard setbacks for the Rural Zoning District,which are 50 and 100 feet. The proposed building addition would meet the side yard setback requirements of the R1-13.5 Zoning District, which are 15 and 30 feet. The proposed R1-13.5 Zoning District is consistent with adjacent zoning. No Development Agreement is necessary to rezone the site. The Council is requested to take action on the first and second readings. The 120-Day Review Period Expires on February 16, 2007. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the November 13, 2006 meeting. Attachments 1. Staff Report 2. Location Map 3. Guide Plan&Zoning Map 4. Planning Commission Minutes STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D.Franzen, City Planner DATE: November 10, 2006 SUBJECT: Becker Rezoning APPLICANT/ Lee and Carri Becker OWNER: 120 DAY REVIEW: Expires February'16, 2007 LOCATION: 9795 Bluff Road REQUEST: 1. Zoning District Change from Rural to R1-13.5 on .83 acres BACKGROUND The Comprehensive Guide Plan shows this site and adjacent properties as Low Density Residential for up to 2.5 units per acre. The site is zoned Rural. Surrounding zoning is Rural and R1-13.5. There is an existing house and garage located on the property. The lot was created prior to 1969. In 1969, the City created a 5-acre minimum lot size for property zoned rural. The City code was amended in 1982 to create a 10-acre minimum lot size for the rural zoning district. The purposes of the large lot size were to minimize the use of septic tanks and drainfields and encourage land to develop at higher densities where there was city sewer and water. The site is considered a non-conforming use since it does not meet the 10-acre minimum lot size. Any structures on the site may be continued to be used, but may not be enlarged or reconstructed without meeting the current zoning code. The owner recently requested a 2,678-sq. ft. basement finish and building addition to the home. The addition does not meet the side yard setbacks for the Rural Zoning District, which are 50 and 100 feet. The proposed building addition would meet the side yard setback requirements of the RI-13.5 Zoning District,which are 15 and 30 feet. UTILITIES The house is connected to city sewer and water. CONCLUSION Rezoning to R1-13.5 is appropriate for the following reasons: 1. The rezoning is consistent with City policy to eliminate non-conforming lots instead of granting variances to enlarge non-conforming uses. 2. The rezoning to RI-13.5 is consistent with the surrounding zoning,which is R1-13.5. 3. The rezoning is consistent with the guide plan. The site and the surrounding area is guided low density residential. STAFF RECOMMENDATION Recommend approval of the following request: 1. ZoningDistrict Change from Rural to R1-13.5 on .83 acres g This is based on plans stamp dated October 20, 2006,the Staff Report dated November 10, 2006. Area Location Ma - Becker Rezoning From Rural to R1 -13.5 Address. 9795 Bluff Road 1 Bluff Road a i O O Wow . Estate Drive Wild Duck Pass 4 . Brookview Circle I I ! No Scale i � i Guide Plan Map Becker Rezoning 9795 Bluff Road, Eden Prairie, Minnesota IN xx Falcons Way / f Audubon Court 3 s -1 l Bluff Road Logo f � � a, f/ Wild Duck Pass Estate Drive { � � 3 3 Brookview Circle Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial aw---Principal/arterial Low Density/Public/Open Space Community Commercial ----A Minor Arterial j Medium Density residential 2.5-10 UnitsJAcre Regional Commercial ----•B Minor Arterial Medium Density Residential/Office ParklOpen Space -Major Collector High Density Residential 10-40 Units/Acre PubliclOuasi-Public ----Minor Collector 1 Office Churchl Cemetary Officelindustriai Open Water DATE Ap,rowd03.12.03 Office/PublicrOpen Space Right-Of-Way DATE.WMW 0107 05 industrial -- Metropolitan Urban Service Line(MUSA) Creeks Zoning Map Becher Rezoning 9795 Bluff Road, Eden Prairie, Minnesota 1 Y , ,�' s f! RZ ,. \ £ Y � �,.'e\ � ✓'`` � 'tea i\\�/' \� 5�'� ✓' - �' Falcons Way i Rudutaon Court " . Bluff Road i F_ 3 Wid Duck Pass z Estate Drive i ] Brookview Circle \� 1 I Rural One Family-ill acre min. Highway commercial Shoreland Management Classifications R1-44 One Family-44,000 sC mim Regional Ser%Ace Commercial 110 Natural Environment waters Ri-22 One Family-22,O00 at min. Regional Commercial lia Recreational Development Waters la General Development Waters(Creeks Only) R1-13.5 One Family-13,500 st min, industrial Part-2 Acre Min, M 100- Year Floodplain RI-9:5 One Family 9,500 St min (ndusirial Park-SAcra Min. Highway 4312 West of County Road#4 is proposed,not constructed at this time. RM-6.5 Muld-Family-6,7 U.P.A.max, General Industrial-5 Acre t tin, Up dated through Ordinance 909-2005 RM-2,5 11u1ti-Family-11;4 U.P.A.max, Public Ordinance 0332001(SFI Addy#on)approved,but not stmvn an this map edition Office water Dater June 24,2005 is t Nelghborhood Commercial Right.of-kAby Community Commercial Chanhassen City limits APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,NOVEMBER 13,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour,Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox,Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull,Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig,Pitzrick and Rocheford. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Powell,to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON OCTOBER 23,2006 Powell had a revision to the minutes on page 5, paragraph 2. The first sentence should read, "Powell stated that all the sites should be changed to neighborhood commercial because this should be done to supply versatility to the residents." MOTION by Stoltz, seconded by Seymour,to approve the minutes. Motion carried 5-0. Kirk abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETINGS Planning Commission Minutes November 13,2006 Page 2 VI. PUBLIC HEARINGS A. AMEND CHAPTER 3 COMPREHENSIVE GUIDE PLAN TO ADD GOLF COURSES AS A LAND USE &AMEND CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES Franzen presented the amendment.He stated that back in March of this year the City Council addressed the City requesting that they look at amending the City Code. On page 11 of the staff report are the Staff recommendations. They are as followed: 1. An amendment to Chapter 3, adding the following text: Golf course: The terms"golf course" includes the construction and maintenance of golf holes, practice ranges and greens,tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake,Bearpath, and Olympic Hills golf courses. 2. Amendments Chapter 3, including but not limited to, Tables 3.3, 3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category and redefining quasi-public as"privately-owned uses that resemble public uses such as land held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake,Bearpath, and Olympic Hills gold courses. 3. An ordinance of the City of Eden Prairie, Minnesota, amending City Code, Chapter 11, Sections 11.03, Subd. LA, Subd. 2.B.,tables 4 and 5, Subd., 3.3.H4., adding section 11.36 and amending Section 11.70, Subd.4, relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99,which among other things contain penalty provisions. Franzen stated that the change would be for all of the golf courses in Eden Prairie. Powell asked Franzen why we would limit this to golf courses. He said instead of calling it"golf course"call it,"outdoor recreation". Outdoor recreation would include such things as lawn bowling and horseback riding. Franzen stated that "golf course"was just addressed because that was what was asked to be addressed by the City Council. He also pointed out that in the future the guide plan could be changed to address outdoor recreation issues. Ric Rosow,Eden Prairie City Attorney, agreed with Franzen and stated that at this time we should address golf courses as"golf courses"and in the future the guide plan could be changed to include outdoor recreation with these areas. Planning Commission Minutes November 13, 2006 Page 3 Stoelting asked Franzen if proper notification went out to all of the residents. Franzen stated that proper notification did go out. He pointed out that the minimum requirement is 500 feet from the area and the City went 1,000 feet from the area, and also posted it in the newspaper and on the City's website. Stoelting opened the meeting up for public input. Howard Roston, attorney representing Sam Herzog, owner of the Bent Creek Golf Course, stated that they are in opposition of this amendment. He presented Chair Stoelting with official documents. They include: 1. Letter from Mr. Herzog. 2. Letter from some of the other owners. 3. Affidavit from his law partner. 4. Letter from the law firm presenting their issues. 5. Information from DSU. 6. Information from appraisal company Mr. Roston stated that on behalf of Mr.Herzog,they are requesting that the Planning Commission delay action on this matter. Mr. Roston stated that the first issued he would like to address this evening is the timing of this matter. He pointed out that there are 530 acres that are subject to this amendment and that they have not had adequate time to get the appraiser out and address this issue. They are requesting a 30 day delay so they can analyze how this amendment change will affect Mr. Herzog. Mr. Roston said they would also like to see action on this amendment delayed until they can see the decision made by the Supreme Court on the case of Weinsman vs. City of Eagan. He stated that in this particular case,the landowners are arguing that action by the City was inappropriate. Mr. Roston also talked about the status to title of the Bent Creek Property. He stated that the majority of property is Torrens and when looking at the title to Bent Creek there is a lack of recorded restrictions to this property. Secondly, he addressed the City's historical zoning and comprehensive plan.Mr. Roston added that had the owner looked at the zoning ordinance there would have been a designation of one unit per ten acres had he wanted to develop the property assuming that the golf course is no longer commercially viable which it is not.He pointed out that there is no limitation for something labeled"quasi- public". Mr. Roston stated that limiting the use of this land to just"golf course" would not be very conducive to Mr. Herzog. Mr.Herzog is contemplating selling his property and feels that by labeling this piece of land as"golf course"would limit his selling potential. Planning Commission Minutes November 13, 2006 Page 4 Mr. Roston said that Shennah Appraising did some quick appraising of this land and the figures are devastating. He added that in Mr. Hertogs letter it states that the golf course is no longer economically viable use as a golf course, but would be would keep it open for a year but it is not economically viable and is not going to continued to lose money on the golf course forever. Mr. Roston feels that is should not be a function of the government to label land, such as"golf courses". He stated that he feels it is unconstitutional for several different reasons. He stated that the Minnesota Supreme Court ruled on the Mendota Heights decision stating that there was an inconsistency with the comprehensive plan and because of this the Mendota Heights Planning Commission and City Council are negotiating a change with the developers. Mr. Roston would like to ask the Planning Commission to deny the recommendations by City Staff. Marilyn Michaels, attorney working with Sam Herzog, gave some history about Mr. Herzog. She stated that Mr. Herzog is 81 years old. His partner to the golf course passed away and currently the Bent Creek Golf Course is losing money. She pointed out that in March of 2005, she started working with the City and Mr. Franzen and Mr. Rosow because she stated that the golf course cannot continue operating and they would like to come to a resolution to this problem. She stated that coming to a resolution now would eliminate three to five years of litigation. Ms. Michaels stated that if the ordinance is passed in its present form,there will be legal action by Mr. Herzog. She also said that she was surprised that the first notice was given on October 31 st to Mr. Herzog. Ms.Michaels stated that she realizes that the residents in this area want open space,but they need time to work on a resolution. She understands that the comprehensive plan and zoning need to be realigned, but feels that is does not have to be done tonight or in the near future. John Sharlowd, planning consultant, stated that he has written zoning plans in the past and also teaches zoning classes. He believes that by limiting this piece of land to a single use is unprecedented. He pointed out that in this area,there is an average of one golf course that is closing every month. He concluded by saying that he feels that the City and Bent Creek Golf Course should come up with a resolution to this issue. Steve Chelesnik, of 7269 Howard Lane, stated that he volunteered as a spokesperson tonight to express the opinion of the residents. He stated that in looking at this issue from the point of view of the adjacent landowners,they would like to see the amendment passed. He said the neighbors have purchased homes in the area under the promise that this land would always be a golf course. He pointed out that the owner could get 16 to 18 million for this land if it could be built on. He would like to see the promises honored to the community, regardless if Mr. Herzog said he was unaware of any promises. He also said that because the attorneys threatened the City with litigation, he feels the amendment should still be passed. Planning Commission Minutes November 13, 2006 Page 5 Starr Bourguewyland, of 14267 Wedgeway Court,had one comment on permitted uses. He said that he would like to see the owner have permitted uses, like cross country skiing in the winter;which would be a source of income for the golf course. Otto Teiken,who has lived off of the 7t'hole of Bent Creek for the past 32 years, stated that he paid $5,000 more for the position of his house. He believes the recommendation should go forward. Wilson Bryce, of 14418 Fairway Drive, is an architect and is sensitive to the aesthetics in the community. He stated that if this property were to be sold and redeveloped he would lose money on his property if he ever chose to sell it. Gary Everett, said that he is a long term resident of Eden Prairie and has seen many changes to the City. He said that he feels that the City should either purchase the property or work with the owner of the Bent Creek Golf Course to come up with a resolution. Dan Miller, of 7055 Howard Lane, stated that he supports the comments of Steve Chelesnik. He said that when the original developer wanted to create the PUD, there were some restrictions for open space to development. Now, 30 years later, it appears that the owner does not seem to want to uphold the promise. Mr. Miller feels that the owners of the Bent Creek Golf Course should have to uphold their promise and that he would like to see the City pass this amendment. John Brill, of 7384 Moonlight Lane, made a comment that he is concerned with the southwest quadrant of Bent Creek. He said this area floods a few times a year and he is concerned with the fertilization coming through Bent Creek. Rick Dorsey, of 14214 Green View Court, stated he feels that the land should not be developed in accordance with the PUD. He also believes that if the owners were to sell this piece of property that they would make more money on it than what they bought it for. He would also like to see the environmental issues addressed before any type of changes would be made. He stated that if the property was to be sold and developed on,this would lower the property value of homes around the area and they would also be burden with construction for the next few years. Victoria Rolf, a homeowner who lives on Bent Creek Court, stated that what she has heard tonight was that the owner wanted the passing of this amendment stalled for awhile to create a"win-win" situation for both the owner and homeowners. She stated that she would like to know what the"win-win' situation would be. She said that she is also concerned with the wildlife in the area and how it would be impacted with potential construction. Planning Commission Minutes November 13, 2006 Page 6 Nancy Manderfeld, of 13600 Brook Lane, stated that she understands that Eden Prairie is 94.5%built and would like to know when enough is enough. She believes a simple resolution for the owner would be to sell the land. Mr. Roston, stated that he would like to address two issues.He said that he heard several references in regards to selling the property. He said that they have looked into that and have not found any potential buyers. He also said that they have not read any historical documents that would indicate that this land be used for open space. Stoelting reiterated the issues that were brought forward tonight. They are as follows: 1. Mr.Herzog is requesting a postponement of the decision tonight. 2. The status of the title—lack of record. 3. Issues with the PUD. 4. The question of the property owner not knowing the restrictions when he purchased the property. 5. Rural designation. 6. The use of property for uses other than open space. 7. Commitments to the community. 8. Land owners adjacent to the property and declining property values if the land were to be developed. 9. Concept of the City purchasing property. 10. Environmental issues. 11. How will the zoning issues today affect the PUD. 12. The issue of timing in relationship to this amendment. Ric Rosow addressed the issue of the Planning Commission waiting on a decision. He stated that as a Planning Commission,the members are not vested with the authority to extend the moritorium,but rather they are to make recommendations to the City Council. If the Planning Commission feels that this decision should be delayed then that would be a recommendation brought before the City Council. Mr. Rosow said that as far as the issue of the status of the title, he has not had the benefit to look through their title research. In regards to the issue of Torrens property, it is subject to zoning ordinances. He also said that there were previous commitments made in the original PUD. Franzen stated that in regards to the landowners that are adjacent to the property and the impact on property values, he stated that numerous factors have to be considered for the property value to be lowered, and that it would not just involve construction of adjacent property. Mr. Rosow stated to Commission that it cannot base its recommendation on unsupported statements made by residents that the development would have a negative impact on the neighboring land owners. He said that in regards to the City purchasing the property,that would be up to the decision of the City Council. Mr.Rosow said that as far as the environmental Planning Commission Minutes November 13, 2006 Page 7 issues, if the land were to be developed,there would have to be numerous environmental issues to be met. Franzen stated that all properties are subject to numerous environmental ordinances. Mr. Rosow said that in regards to PUD,the zoning of the property changing to golf course would be consistent with the PUD. Kirk asked Mr.Rosow about the Weinsman ruling and what its impact would do. Mr.Rosow said that he is totally aware of the case, but if there was a decision made on it prior to a City Council decision, he would look at it,but he feels that the Commission should not wait for an outcome. Stoltz asked Ms. Michaels about the `win-win" situation, and what that would entail. She stated that there is a wetland area to the south and that could be made into a 9 hole public golf course that would generate revenue for the golf course and also allow non-members to play golf at this golf course. She also stated that there was some talk of a conservation easement to the north of the property. Kirk asked Mr. Rosow about a law suit and what is the reality if it did happen. Mr.Rosow stated that the City does have insurance but it should not be a reason to pass or deny a proposal. Mr. Rosow pointed out that it does take quite a bit of Staff time if litigation would take place. Kirk asked Mr.Rosow if they have the resources to go ahead with the litigation. Mr.Rosow stated that they do have the resources to go ahead with the litigation. Stoelting asked about a continuance or delay of decision and how would Staff feel about that. Franzen stated that he would look at what the City Council requested them to do. He feels that Staff did do what they were suppose to do and would not see the need for a continuance. Stoelting reiterated the amendment and asked the Commission Members for their input. Seymour stated that he does not see a problem with changing the language of the ordinance, but asked if we could add the outdoor uses to the amendment. Mr. Rosow stated that if the Commission wanted to address outdoor uses that they should do so. MOTION by Stoltz, seconded by Kirk,to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk,to approve the following: An amendment to Chapter 3, adding the following text: Golf course: The term "golf course" includes the construction and maintenance of golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use Planning Commission Minutes November 13, 2006 Page 8 or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. Amendments to Chapter 3, including but not limited to, Tables 3.3, 3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category and redefining quasi-public as"privately-owned uses that resemble public uses such as and held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. An ordinance of the City of Eden Prairie Minnesota amending City Code Chapter 11, Sections 11.03, Subd. 1.A, Subd. 231,tables 4 and 5, Subd. 3.3.H.4., adding section 11.36 and amending Section 11.70, Subd. 4 relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99, which among other things contain penalty provisions. Add croquet, lawn bowling, platform tennis, cross country skiing, snow shoeing, and ice skating,to the list of proposed permitted uses. Motion carried 6-0. . B. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE&REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres;Zoning District Change from Rural to Golf Course on 105.8 acres. Franzen presented the proposal. He stated that since the Planning Commission adopted Item A,then this item, along with the subsequent golf course requests, needs to be individually addressed. Franzen stated that the Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. Rick Dorsey, a resident of Eden Prairie, stated that his only concern is to make sure that as a PUD it has only zoning applied to the property. He stated that he does not want it re-zoned, other than the original PUD. Stoelting asked if the approval of the guide plan change would affect the original PUD. Mr. Rosow stated it would affect the original PUD because it would be zoned golf course, but the other property would be unaffected. He also stated that this action would change the zoning of property from rural to golf course. Mr. Rosow reiterated that PUD is not changing but rather zoning. Brooks Halvorson, of 14348 Fairway Drive,had the same concerns as Mr. Dorsey. Mr. Rosow reiterated that the PUD would not change but rather the underlying zoning on the property. Planning Commission Minutes November 13, 2006 Page 9 MOTION by Powell, seconded by Stoltz, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk,to approve the Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres and Zoning District Change from Rural to Golf Course on 105.8 acres. Motion carried 6-0. C. BEARPATH GOLF COURSE GUIDE PLAN CHANGE &REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres;Zoning District Change from Rural to Golf Course on 198.04 acres. Franzen presented the proposal. He stated that Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. Rodney Hardy, secretary and owner of the Bearpath Golf Association, stated that Bearpath is concerned about retaining this facility as a private venture. He stated that they rely on memberships and have to be accommodating to them as users of the golf course. Mr. Hardy pointed out that they are a golf and country club and because of that,they may have different issues. He stated that one concern is parking; as the membership grows they may need more parking. He also stated that there are some additional uses that they would like to have; such as, skateboarding, soccer, or softball. Mr. Hardy stated that he would like to know how that would be protected. He said he would also like to know that if something happened to a public building on the property, for an example, a fire, that they would be able to rebuild it to its current state. John Downey, manager of Bearpath Golf Association, reiterated what Mr. Hardy said. Mr. Downey said that he would like to be able to supply a list of additional activities to the Planning Commission. Stoelting apologized to Mr. Hardy and Mr.Downey for not realizing that they wanted to speak during the initial amendment proposal. p g p p Stoelting asked Franzen to address the issues brought forth by Mr. Hardy and Mr. Downey. Franzen stated that he will not prohibit uses like baseball or soccer, or any other similar additional use. He stated that it would be beneficial to address the recreational uses prior to going to the City Council. Franzen said that in regards to the buildings, the City would not request additional rezoning but they would just have to come back for building permits. Planning Commission Minutes November 13, 2006 Page 10 Powell stated that any recreational sport that can be played in a park should be allowed here also. He stated that he felt each"open space area"should be able to have non-motorized recreation activities. MOTION by Seymour, seconded by Kirk,to close the public hearing. Motion carried 6-0. MOTION by Seymour, seconded by Stoltz,to approve the Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres and Zoning District Change from Rural to Golf Course on 198.04 acres. Motion carried 6-0. Kirk asked how the Commission wants to address the usage issue that was brought forward in the public discussion. Franzen stated that action should be taken on the first motion and then make a second motion to cover this issue. MOTION by Kirk, seconded by Powell,to ask the City Staff to recommend appropriate language for additional uses to be added to the amendment in conjunction with zoning and guide plan changed brought for to the City Council. Motion carried 6-0. D. OLYMPIC HILLS GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.11 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres; Zoning District Change from Rural to Golf Course on 169.1 acres;Zoning District Change from RM-6.5 to Golf Course on 1.6 acres; Zoning District Change from R1-13.5 to Golf Course on .52 acres. Franzen presented the proposal. He stated that Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. There was no input. MOTION by Stoltz, seconded by Seymour, to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk,to approve the Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.11 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres; Zoning District Change from Rural to Golf Course on 169.1 acres; Zoning District change from RM-6.5 to Golf Course on 1.6 acres; Zoning District Change from R1-13.5 to Golf Course on .52 acres. Motion carried 6-0. Planning Commission Minutes November 13, 2006 Page 11 E. GLEN LAKE GOLF COURSE GUIDE PLAN CHANGE &REZONING Request for: Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres; Zoning District Change from Public to Golf Course on 50.69 acres. Franzen presented the proposal. He stated that Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. There was no input. MOTION by Kirk, seconded by Powell,to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk,to approve the Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres; and Zoning District Change from Public to Golf Course on 50.69 acres. Motion carried 6-0. F. BECKER REZONING by Lee and Carri Becker. Request for: Zoning District Change from Rural to R1-13.5 on .083 acres. Location is 9795 Bluff Road. Carrie Becker presented the proposal. She stated that the house they are currently living in was built in 1980 and that is was never in compliance with zoning regulations. They are bringing forth their proposal tonight to get their home properly re-zoned. She stated that they found this discrepancy when they started to remodel their home. Mr. Becker illustrated the setbacks using the overhead projector. Stoelting asked Franzen if by rezoning to R1-13.5 would there be any zoning inconsistencies. Franzen stated there would not be any inconsistencies. Stoelting asked Franzen to review the staff report. Franzen stated that Staff recommendation is for approval. Stoelting opened the meeting up for public input. There was no input. MOTION by Powell, seconded by Kirk,to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Stoltz,to approve the Zoning District Change from Rural to R1-13.5 on .83 acres based on the staff report dated November 10, 2006, and plans stamped dated October 20, 2006. VII. PLANNERS' REPORT Franzen stated that for the November 27, 2006, meeting,there will be one public hearing for a proposal for an office building and a Guide Plan Update on Transportation. Planning Commission Minutes November 13, 2006 Page 12 IX. MEMBERS REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XIL ADJOURNMENT MOTION by Stoltz, seconded by Kirk,to adjourn the meeting. Motion carried 6-0. There being no further business,the meeting adjourned at 10:20 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing December 4, 2006 ITEM DESCRIPTION: Vacation 06-05 DEPARTMENT/DIVISION: ITEM NO.: Vacation of Part of the Drainage and Denise Christensen Utility Easement over Lot 1, Block 1, Public Works/Engineering Meadowcroft Requested Action Move to: • Close the Public Hearing; and • Adopt a resolution vacating Part of the Drainage and Utility Easement over Lot 1, Block 1, Meadowcroft. Synopsis The Property Owner has requested the vacation of part of the Drainage and Utility easement in order to have the boundaries follow an amended conservation easement boundary to allow a larger front lawn area for a single family home. Background Information The Drainage and Utility Easement was originally dedicated in conjunction with the platting of the subdivision and a Conservation Easement was recorded over the same area. Subsequent home construction has resulted in a very small allowable landscaping area in the front of the home. The Conservation Easement has been amended to allow greater landscaping and the new drainage easement boundaries follow those of the amended Conservation Easement. The vacation will not result in conflicts with installed utilities. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 1,BLOCK 1,MEADOWCROFT VACATION 06-05 WHEREAS,the City of Eden Prairie has(a)certain Drainage and Utility Easement described as follows: That part of the Drainage and Utility Easement lying over, under and across Lot 1, Block 1, Meadowcroft, according to the recorded plat thereof, Hennepin County, Minnesota described as. follows: Commencing at the northwest corner of said Lot 1; thence South 00 degrees 40 minutes 09 seconds East, assumed bearing along the west line of said Lot 1, a distance of 76.26 feet; thence North 89 degrees 19 minutes 51 seconds East, a distance of 5.00 feet to the actual point of beginning; thence North 38 degrees 21 minutes 01 seconds East, a distance of 72.41 feet;thence North 89 degrees 19 minutes 51 seconds East, a distance of 48.28 feet; thence South 71 degrees 03 minutes 08 seconds East, a distance of 109.30 feet; thence South 08 degrees 40 minutes 41 seconds East, a distance of 10.14 feet; thence South 89 degrees 19 minutes 51 seconds West, a distance of 28.67 feet; thence South 47 degrees 58 minutes 39 seconds West, a distance of 25.69 feet; thence North 42 degrees 01 minutes 21 seconds West, a distance of 25.08 feet; thence North 80 degrees 21 minutes 46 seconds West, a distance of 64.38 feet; thence South 68 degrees 14 minutes 50 seconds West, a distance of 75.43 feet; thence North 00 degrees 40 minutes 09 seconds West,a distance of 4.24 feet to the point of beginning. WHEREAS, a Public Hearing was held on DATE,2006, after due notice was given to affected property owners and published in accordance with M.S.A.412.851;and WHERAS,the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan;and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public,therefore,should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement described as: Commencing at the northwest corner of said Lot l; thence South 00 degrees 40 minutes 09 seconds East, assumed bearing along the west line of said Lot 1, a distance of 76.26 feet; thence North 89 degrees 19 minutes 51 seconds East, a distance of 5.00 feet to the actual point of beginning; thence North 38 degrees 21 minutes 01 seconds East, a distance of 72.41 feet;thence North 89 degrees 19 minutes 51 seconds East,a distance of 48.28 feet; thence South 71 degrees 03 minutes 08 seconds East, a distance of 109.30 feet; thence South 08 degrees 40 minutes 41 seconds East, a distance of 10.14 feet; thence South 89 degrees 19 minutes 51 seconds West, a distance of 28.67 feet; thence South 47 degrees 58 minutes 39 seconds West, a distance of 25.69 feet; thence North 42 degrees 01 minutes 21 seconds West, a distance of 25.08 feet; thence North 80 degrees 21 minutes 46 seconds West, a distance of 64.38 feet; thence South 68 degrees 14 minutes 50 seconds West, a distance of 75.43 feet; thence North 00 degrees 40 minutes 09 seconds West,a distance of 4.24 feet to the point of beginning. is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A.412.851. ADOPTED by the Eden Prairie City Council on December 4,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk . cn P Fite 1. C --- E o Z -GOVELL- a l' OR o o TR A BER Y Ttiv Cl'K a TIL 116. = CT ` . 4 SEA ~ GEI S� ��! Q o F ., ACO h' FZ C\R• F� o z VOGEL �9 �PA-�NF�NDE�A cod v OVERLAND T116N r/?o 7YER Q� o TURNBULL RD. 25 30 R23 R23W 36131 CLOUD DR, F�YiN� SITE VAC 06-05 NORTH LOCATION MAP W2M9 WHimeO ftlamlanal 9mmr Ine. flASTflLsRN?TO BE VAGTBD Dwd Yq m0�evn Uel UperlaeleLel 1 BIxY 1,L2ADDMCXOf T. I ` / / LiaoW�daHrlM m blbua:tMnel XmnpM Cwnly. 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IHt;Umc.Xatn M .^"f` mNe,a EXD unurr c,aDEXr m x v,cnmo J 1 d� !t• I ei.�ar MI m u.minl el DpMinp. _ 1 Y I LOT 1 L .Hr XL a tm 1 i' mm DE nD Dn E K.1 LOT I X,«o<,w u n n aX I ' I Uliill Eawmanl to Oe Lboa1H I I I � I I @ L O C K 1 I I � I I � I I X I I I , I � I I � I I I I I I or m' w' ed 1 � I 1 i I 1 , I 1 , t 1 I L J VACATION 06-05 NOTICE OF VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 1, BLOCK 1, MEADOWCROFT Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on December 4, 2006 at 7:00 p.m. to hear all persons present upon the proposed vacation of the Drainage and Utility Easement described as follows: That part of the Drainage and Utility Easement lying over, under and across Lot 1, Block 1, Meadowcroft, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Commencing at the northwest corner of said Lot 1; thence South 00 degrees 40 minutes 09 seconds East, assumed bearing along the west line of said Lot 1, a distance of 76.26 feet; thence North 89 degrees 19 minutes 51 seconds East, a distance of 5.00 feet to the actual point of beginning; thence North 38 degrees 21 minutes 01 seconds East, a distance of 72.41 feet; thence North 89 degrees 19 minutes 51 seconds East, a distance of 48.28 feet; thence South 71 degrees 03 minutes 08 seconds East, a distance of 109.30 feet; thence South 08 degrees 40 minutes 41 seconds East, a distance of 10.14 feet; thence South 89 degrees 19 minutes 51 seconds West, a distance of 28.67 feet; thence South 47 degrees 58 minutes 39 seconds West, a distance of 25.69 feet; thence North 42 degrees 01 minutes 21 seconds West, a distance of 25.08 feet; thence North 80 degrees 21 minutes 46 seconds West, a distance of 64.38 feet; thence South 68 degrees 14 minutes 50 seconds West, a distance of 75.43 feet; thence North 00 degrees 40 minutes 09 seconds West,a distance of 4.24 feet to the point of beginning. By Order of the City Council Published in the Sun Current on November 9, 2006 NOTIFICATION LIST VACATION REQUEST 06-05 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 30-116-22-42-0052 30-116-22-42-0053 30-116-22-42-0054 30-116-22-43-0014 30-116-22-43-0015 Private Utility Companies will be notified of this vacation request. CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Amending Chapter 3 of the Development/Planning Comprehensive Guide Plan to Add Golf Janet Jeremiah Courses as Land Use Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for amending the Comprehensive Guide Plan to create a new land use category called"Golf Course" Synopsis The proposed changes listed above are the result of a study authorized by the City Council on March 21, 2006. The purpose of the study was to identify and cure inconsistencies between the City's Comprehensive Guide Plan and the City's Zoning Code for Bearpath, Olympic Hills,Glen Lake, and Bent Creek golf courses. The proposed changes will allow only golf-course related activity on all of the golf courses. Golf p p g Y g tY course related activity would be golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permanent or temporary residential use or transient hotel use would not be permitted. The Met Council must take action on the guide plan change before the City can adopt the ordinance.The City Council should hold the public hearing on the guide plan amendment and take action on the resolution for the guide plan change tonight. The public hearing on the proposed amendment to City Code Chapter 11 will be continued to the January 16,2007,City Council meeting. Background Chapter 3 is the Land Use Element of the 2002 Comprehensive Guide Plan. This chapter includes a land use inventory, a description of future land uses, vacant land analysis, special uses, historic preservation, a vacant land map, an existing land use map, and a proposed land use map. Section 3.2 contains a list and description of land use categories, including residential, commercial, industrial,public/quasi public, open water, and right of way. The proposed text amendment to section 3.2 is to add golf course as a land use category. The proposed text shall read as follows. Golf course: The terms "golf course" includes the construction and maintenance of golf holes, practice ranges and greens,tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. It is further proposed to amend Chapter 3, including but not limited to, Tables 3.3,3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category. The text amendment also includes changing the definition of quasi-public to delete the reference to golf course and country clubs. The proposed text shall read as follows: Quasi-Public: This category includes privately-owned uses that resemble public uses such as land held by associations and private schools. All of the above amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the following at the November 13, 2006 meeting. • An amendment to Chapter 3, adding the following text: Golf course: The term"golf course" includes the construction and maintenance of golf holes,practice ranges and greens,tennis courts, club houses, swimming pools, maintenance and storage buildings,pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. • Amendments to Chapter 3, including but not limited to, Tables 3.3, 3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category and redefiningquasi-public as"privately-owned uses that resemble public uses such as and q p p Y held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. Attachments 1. Resolution 2. Staff Report 3. Location Map 4. Planning Commission Minutes 5. Letter from Bearpath 6. Letter from Resident 7. Staff Response to Bearpath letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006-139 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal is an amendment to Chapter 3 of the Comprehensive Guide Plan. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie,Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Amendments to Chapter three adding the following text: Golf course: The terms "golf course" includes the construction and maintenance of golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake,Bearpath, and Olympic Hills golf courses. Amendments to Chapter 3, including but not limited to, Tables 3.3,3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category and redefining quasi—pubic as"privately-owned uses that resemble public uses such as land held by associations and private schools."The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. ADOPTED by the City Council of the City of Eden Prairie this 4th day of December, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D.Franzen, City Planner DATE: November 9,2006 SUBJECT: Amending Chapter 3 Comprehensive Guide Plan to Add Golf Courses as Land Use Amending Chapter 11 of the City Code relative to golf courses APPLICANT/ City of Eden Prairie 1 Amending Chapter 3 of the 2002 Comprehensive Guide Plan to Add Golf Courses as Land Use BACKGROUND The purpose of the proposed amendments to the City's comprehensive plan is to specifically reflect golf course land uses. The addition of a golf course land use category in the City's land- use element of its Comprehensive Plan will result in consistency with, and conformity of, the Comprehensive Plan to the historical development, through the PUD process, in the case of Bent Creek Golf Club and Glen Lake Golf Course owned by Hennepin County, and Open-Space Agreements in the case of Olympic Hills Golf Club and Bearpath Golf and Country Club. BENT CREEK GOLF CLUB EDENVALE PUD 70-4. Bent Creek Golf Club, formerly Edenvale Golf Course, lies within the physical confines of the Edenvale Planned Unit Development. Edenvale PUD Application 70-4 was originally submitted to the City on June 16, 1970. The Application was the subject of several Planning Commission and Council meetings which resulted in approval of PUD-70-4 by the Council of the then Village of Eden Prairie on August 25, 1970. The physical area of the PUD is shown in a land-use plan dated July, 1970. The area consists of approximately 1,000 acres of which approximately 115 acres, (later revised by several acres) are devoted to the golf course. A description of the elements and terms of the PUD are contained in the Edenvale Planned Unit Development Concept Stage Application revised August 1, 1970, together with a second supplement dated August 25, 1970. On July 25, 1972 the Council adopted a resolution which amended the planned unit development adopted on August 25, 1970 which provided for realignment of fairways in the Edenvale Golf Course and residential areas adjacent to the golf course, as well as other matters. On June 13 1972 the Council adopted Resolution No. 527 which gave final approval to the plat p g Pp of Edenvale Second Addition. The golf course is described in that plat as comprising four parcels: Outlots B, E, H and a part of I of Edenvale Second Addition. In the City's Planning Report dated March 20, 1972, it is stated: "All of the land within the plat is also within the Edenvale PUD and is presently zoned Rural. The blocks and outlots are arranged to accommodate the development pattern established in the PUD Concept Plan. Outlots B, E, H and I represent the golf course and have a total area of 106 acres. The PUD Concept Plan indicated that the golf course would be about 115 acres." "The remainder of the plat totals about 151 acres and represents the developable 2 portion of the total lat. The PUD Concept Plan anticipates that this developable P p p p P area would be about 145 acr " es. The Planning Report recommendation states in part as follows: "The proposed preliminary plat substantially conforms to the Edenvale PUD Concept Plan and in all other respects conforms to village policies and requirements." OWNERSHIP AND VALUES. Eden Land Corporation, the name of which was changed to Edenvale, Inc., conveyed the golf course property to Golfview Investment Co.No. 2 by warranty deed dated April 28, 1978 and filed May 11, 1978. The Certificate of Real Estate Value indicates a purchase price of$875,000. Current taxable market value of the golf course is $2,387,300. It's deferred value is $11,260,000. The deferred value is a value required to be determined by state law so that if the golf course is utilized for other purposes, additional taxes are collected based upon the deferred valuation similar to the Green Acres Law applicable to agricultural land. GUIDE PLAN. The Land-Use Plan contained in the City's current Comprehensive Plan designates Bent Creek Golf Club as "quasi public." The Comprehensive Plan was approved by the Village Council in May 1968. The map, which was approved at that time, depicted the Edenvale Golf Course as quasi-public. The designation as quasi-public for the golf course at Edenvale has remained consistent through the various updates of the Comprehensive Plan. The Plan was updated in 1977, revised in 1978 and 1979. In each instance, the Edenvale Golf Course retained its designation as quasi-public. From 1968 to 1977, the contours of the golf course changed but the designation in the Guide Plan remained the same. Quasi-public is defined in the Comprehensive Plan as a category that includes privately owned uses that resemble public uses such as land held by associations, golf courses, country clubs and private schools. The land uses identified as Quasi-public in the City's various versions of its Comprehensive Plan have never included typical residential, commercial, office or industrial uses. ZONING. Historically, the golf course was in the R-A (Residential Agriculture) and M2 (General Industrial and Manufacturing) Districts pursuant to Ordinance No. 8. Permitted uses in that district included golf courses. It was in the Public or Quasi-Public District pursuant to Ordinance 135 which became effective November 6, 1969. The golf course property currently, and since the adoption of the City Code on September 17, 1982, is situated within the Rural District zone. Permitted uses in the Rural District include agriculture, single family dwellings on not less than ten acres, commercial stables, golf courses, antennas and towers. Permitted uses in the Public District zone include churches, cemeteries, antennas and towers. The City's current ordinance does not include a Quasi-Public District. Under current zoning the property could be used only for those uses permitted in the Rural District which are consistent with the Guide Plan. COMMITMENT TO MAINTAIN GOLF COURSE. In a news release dated June 17, 1970 3 on Eden Land Corp. letterhead, it is stated, among other things, "While the course (referring to the golf course) will remain public and within tree covered walking distance, the course will be completely redesigned to a more spacious 18 holes and a practice range to fit into the surrounding development." In a July 9, 1970 report to the Planning and Zoning Commission from Staff, Brauer&Associates, Inc. it is stated under the caption"Quasi-Public,""The 150 acre golf course is a major quasi-public space. Eden Land Corporation will issue assurance on the golf course which will guarantee its use as recreational land and prohibit its future development as building sites." The supplemental information for Edenvale PUD Application 70-4 dated July 27, 1970 signed by Donald R. Peterson, Executive Vice President, Eden Land Corporation states in section 3 under the caption "Quasi-Public," "Eden Land Corporation will issue assurances on the eighteen hole golf course which will guarantee its use as recreational land so that it will not be developed into building sites." In the minutes of the Eden Prairie Village Council meeting of August 25, 1970, it is stated, "He (referring to Mr. Peterson) also noted that their application stated their commitment to maintain the golf course within the development." Upon completion of the discussion concerning the application for the PUD, the Village Council adopted Resolution No. 362 which gave approval to the Edenvale PUD. The Resolution contains this sentence, "The property would include the Eden Prairie Golf Course." There are other documents in the file in which Eden Land Corporation utilized the existence of the golf course to gain neighborhood acceptance or to enhance its prospects for subsequent City approvals. For example, on January 31, 1972 a letter on Eden Land Corp. letterhead, addressed to "Dear Neighbor," signed by Donald R. Peterson, President, Eden Land Corporation, states "We hope this new golf course adjacent to your homes will give you pleasant scenery, and we feel it will greatly enhance the value of your land, as well as ours. Later in the year, on July 25, 1972, Eden Land Corporation was granted its request to amend PUD 70-4. In another letter on Eden Land Corp. letterhead dated September 6, 1973, Mr. Peterson states"We have invested over$1 million in our golf course to provide an amenity which will serve the community and will enhance the value of adjacent property." This letter was issued in connection with a request for approval of an adjacent development. SPECIAL ASSESSMENTS. Assessments have been levied against golf course properties in 1974 and 1988. The 1974 assessments include trunk sewer and water levied against the club house parcel only, consisting of 8/10 of an acre in the amount of $1,300. Records indicate that sewer and water were assessed against several golf course properties in 1974 but those assessments were rescinded in the same year. It appears, therefore, that there were no sewer and water assessments against golf course properties other than the club house parcel. Assessments in 1974 included the improvement of Mitchell/Baker Road and a part of Valley View Road. Two of the golf course properties were assessed on the basis of$25 per front foot for that improvement. Reconstruction of available records reflects an assessment at the same rate of all of the properties fronting on the improved streets. In 1988, three Bent Creek golf course parcels were assessed for improvements to Valley View Road. These are discussed in the February 1985 Feasibility Report. The report indicates that the assessments were levied at the rate of$33 per front foot for single-family residential property; multi-family residential property was assessed at $70.60 per front foot and the golf course property at $66.70 per front foot. The Feasibility Report contains a spread sheet which indicates 4 the amounts of the assessments against various properties assessed including those of the golf course. The assessment with regard to Outlot E, Edenvale Second Addition (one of the golf course properties) has a notation that the assessment for the street improvement was $33,366 plus one half of the cost of an underpass in the amount of $89,843.76 resulting in a total assessment of$124,113. It also contains a figure of$18,325.20 which when added to the above two numbers would result in $141,534.96. The latter number is crossed out and the $124,133 is retained (and is the amount assessed). A letter to Eugene A. Dietz dated March 20, 1985 from Samuel H. Hertogs confirms that the owner of the golf course desires an underpass and acknowledges the owner will be assessed for its cost. It should be further noted that only those parcels of the golf course which had frontage on Valley View Road were assessed for the 1988 improvement. Other golf course parcels were not assessed for that improvement. OLYMPIC HILLS In March, 1981 the owners of Olympic Hills entered into an "Open Space Agreement" with the City in which the owners granted an Open Space Easement to the City. The Open Space Agreement provides that the Open Space Area "shall be preserved predominantly in its natural condition and imposed certain other restrictions upon its use" except "to the extent compatible with the reasonable use of the Open Space Area as a golf course and country club by Olympic Hills. BEARPATH GOLF AND COUNTRY CLUB In October, 1993 the owner of Bearpath entered into an Open Space Easement Agreement with the City whereby the owner granted to the City an easement on and over the Open Space Area which requires the preservation of the Open Space predominantly in its natural condition and imposed other restrictions except the "reasonable use of the Open Space Area as a golf course and country club by Bearpath. The terms golf course and country club are defined as including eighteen golf holes, practice range, practice greens and sand traps, tennis courts, club house and restaurant, swimming pool, maintenance buildings, cart-storage buildings, pump house and well, proshop, shelter houses, cart paths, irrigation facilities, outside storage of maintenance equipment, and such other facilities as may be reasonably associated with a golf course and country club from time to time. Both Olympic Hills and Bearpath Golf Courses have been described as quasi-public facilities in the City's Comprehensive Plan. GLEN LAKE GOLF AND PRACTICE CENTER In 1991, the State of Minnesota relinquished a lease with Hennepin County on the Oak 5 Terrace/Glen Lake Sanitarium facility located near the intersection of County Road 4 and County Road 62 in Minnetonka and Eden Prairie. As a result, the Hennepin County Board created the Glen Lake Task Force to evaluate the development potential of this property. The task force considered housing, commercial, and a golf course as potential land uses. The task force recommended development of a public golf course. Hennepin County agreed to construct this golf course on the 75 acre parcel that lies in both Minnetonka and Eden Prairie. The sanitarium facilities were demolished in 1993. The Eden Prairie portion of the property is guided as Hennepin County and Public Open Space. The property is zoned Public. Holes 8 and 9 and the golf course maintenance building are situated on the Eden Prairie side of the property. A golf course is a permitted use as a golf course because it is owned by a governmental unit. PROPOSED GUIDE PLAN TEXT AMENDMENT Chapter 3 is the Land Use Element of the 2002 Comprehensive Guide Plan. This chapter includes a land use inventory, a description of future land uses, vacant land analysis, special uses, historic preservation, a vacant land map, an existing land use map, and a proposed land use map. Section 3.2 contains a list and description of land use categories, including residential, commercial, industrial,public/quasi public, open water, and right of way. The proposed text amendment to section 3.2 is to add golf course as a land use category. The proposed text shall read as follows. Golf course: The terms "golf course" includes the construction and maintenance of golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. It is further proposed to amend Chapter 3, including but not limited to, Tables 3.3,3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category. The text amendment also includes changing the definition of quasi-public to delete the reference to golf course and country clubs. The proposed text shall read as follows: Quasi-Public: This category includes privately-owned uses that resemble public uses such as land held by associations and private schools. All of the above amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. 6 Amending Chapter 11 of the City Code relative to golf courses The proposed text amendments are related to creating a zoning district called Golf Course. This district and other amendments relative to golf course would be applicable to Bent Creek, Glen Lake Golf Course,Bearpath, and Olympic Hills following public hearings for rezoning. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.03, SUBD. 1. A., SUBD.2. B.,TABLES 4 AND 5, SUBD. 3. H. 4., AND SECTION 11.10, SUBD. 2, ADDING SECTION 11.36 AND AMENDING SECTION 11.70, SUBD. 4. RELATING TO THE ESTABLISHMENT OF A GOLF COURSE DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99 AND 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Section 11.03, Subd. 1. A. is amended by adding to the table at the end of the column entitled, "District Title"the words "Golf Course" and at the end of the column entitled, "Abbreviation,"the letters"GC." Section 2. City Code Section 11.03, Subd. 2. B., Tables 4 and 5 are amended as shown in Exhibits 1 and 2 attached hereto. Section 3. City Code Section 11.03, Subd. 3. H. 4. is amended by adding to the table at the end of the column entitled "District Land Uses" the following: "h. Golf Course" and at the end of the column entitled "Off-Street Parking Space Requirements" the following: "1/3 seats in the clubhouse plus 72 spaces." Section 4. City Code Section 11.10, Subd. 2 is amended by deleting item "F. Golf Courses." and changing item"G."to "F." Section 5. City Code Chapter 11 is amended by adding Section 11.36 as follows: SECTION 11.36 GC-Golf Course. Subd. 1. Purposes. The purpose of the GC-Golf Course District is to specify a land use district applicable and consistent with the historical and contractual development and use of the City's golf courses. Subd. 2. Permitted Uses. A. The Construction and maintenance of golf holes, practice ranges and 7 greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. The term "golf course" does not include permanent or temporary residential use or transient hotel use. Section 6. City Code Section 11.70, subd. 4 is amended by adding"G. Golf Course District" as follows: G. Golf Course District. 1. Free-standing Signs: (a) One sign per street frontage is allowed provided the total area of such sign shall not exceed 50 square feet. (b) Setback: No sign shall be placed closer than 10 feet to any street right-of-way. (c) Height: Maximum height of free-standing signs shall not exceed 8 feet. (d) Sign Base: (Refer to Sub. 3, paragraph DD). 2. Wall Signs: One sign per building not to exceed 24 square feet in area. Where a building is located on a corner lot, one sign may be located on each wall facing a street provided one does not exceed 24 square feet and the other does not exceed 18 square feet. All walls signs shall be uniform in design. 3. Temporary Signs: Temporary signs shall be permitted for a period not to exceed ten days. Such signs shall be not higher than 8 feet and not larger than 32 square feet. Section 7. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Sections 2.99 and 11.99, entitled "Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated verbatim herein FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2006 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2006. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on , 2006. 8 EXHIBIT 1 - TABLE 4 OFFICE/ MINIMUM LOT SIZE MINIMUM YARD- COMMERCIAL/ SETBACK INDUSTRIAL/ HEIGHT OF GOLF SITE AREA MAX. MAXIMUM MAIN COURSE Area One Both PER FLOOR BASE STRUCTURE DISTRICTS S.F.of Width Depth Front Side Sides Rear DWELLING AREA AREA Acres Ft. Ft. Ft. Ft. Ft. Ft. UNIT SQ. RATIO RATIO FT.OR (FAIL) (BAR)* ACRES OFC 20,000 100 100 35 20 50 20 Dwelling 0.3- 1 0.3 30 Not Story Permitted 0.5- Multi Story N-COM 2 acres 200 200 35 20 40 10 Dwelling 0.2- 1 0.2 30 Not Story Permitted 0.4- Multi Story C-COM 5 acres 300 300 35 20 40 10 Dwelling 0.2- 1 0.2 30 Not Story Permitted 0.4- Multi Story C-HWY 20,000 100 130 35 20 40 10 Dwelling 0.3- 1 0.3 40 Not Story Permitted 0.4- Multi Story C-REG-SER 10,000 80 100 35 20 40 10 Dwelling 0.2- 1 0.2 40 Not Story Permitted 0.4- Multi Story GC 50Acres 100 300 35 20 10 Dwelling 0.3-1 0.3 30 40 Not Story Permitted 0.5- Multi Stor 9 EXHIBIT 2-TABLE 5 ACCESSORY STRUCTURES MAX. OFFICE/ FLOOR TOTAL COMMERCIAL/ MIN. MAX. AREA FLOOR INDUSTRIAL! Min. Min. OFF- SCREENING ZONE ZONE PRIMARY AREA GOLF COURSE Maximum Dist. Dist. STREET AND AREA AREA USE {SQ'. DISTRICTS Height to to LOADING LANDSCAPING ',(ACRES) (ACRES) (SQ.FT.) Side Rear Lot Lot Line Line OFC 15 10 10 YES YES N/A N/A N/A N/A N-COM 15 10 10 YES YES 2 15 20,000 50,000 C-COM 15 20 10 YES YES 5 20 30,000 200,000 C-HWY 40 20 10 YES YES 5 20 20,000 100,000 C-REG-SER 40 20 10 YES YES 10 N/A N/A N/A C-REG 40 50 50 YES YES 60 N/A N/A N/A I-2 PARK 40 20 25 YES YES 40 N/A N/A N/A I-5 PARK 40 20 25 YES YES 40 N/A N/A N/A I-GEN 40 20 50 YES YES 80 N/A N/A N/A PUB 30 30 30 YES YES N/A N/A N/A N/A GC 30 30 30 YES YES N/A N/A N/A N/A 10 STAFF RECOMMENDATION Staff recommends approval of the following. • An amendment to Chapter three adding the following text: Golf course: The terms "golf course" includes the construction and maintenance of golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. • Amendments Chapter 3, including but not limited to, Tables 3.3,3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category and redefining quasi—pubic as" privately-owned uses that resemble public uses such as land held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. • An ordinance of the City of Eden Prairie Minnesota amending City Code chapter 11, Sections 11.03, Subd LA, Subd. 2.B., tables 4 and 5, Subd, 3.3.H.4., adding section 11.36 and amending Section 11.70, Subd 4. relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99, which among other things contain penalty provisions. 11 Map of Golf Courses Located in Eden Prairie Glen Lake Golf Course 1 � 1�} IT MR ;�s 3 N7T - Bent Creek Golf Course Rp 1">!5°''' GSii._ 1���. j � �rrruu..r�ql� � •` ,�c -i��:i=I �r J�_{(1'�\�v .-� �-..- � - LLJ.� =13tT�cjC1'o jgm sncats lYitUf 3,y�' ir, �C ,'9�-„n-.�'J.. / 1 f yi- .�i. Y.R ' T 7 t'S!g,'?..�r�-- r lyd- A- Bear ath Golf Course 3 � - p t Olympic Hills Golf Course - �� a >S ice! ! e}�y _�C/ / \�_ _,.� -,•.___� �j N No Scale APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,NOVEMBER 13,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell,Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull, Recording Secretary L PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig,Pitzrick and Rocheford. IL APPROVAL OF AGENDA MOTION by Seymour, seconded by Powell,to approve the agenda. Motion carried 6-0. IIL MINUTES PLANNING COMMISSION MEETING HELD ON OCTOBER 23,2006 Powell had a revision to the minutes on page 5, paragraph 2. The first sentence should read, "Powell stated that all the sites should be changed to neighborhood commercial because this should be done to supply versatility to the residents." MOTION by Stoltz, seconded by Seymour,to approve the minutes. Motion carried 5-0. Kirk abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETINGS Planning Commission Minutes November 13, 2006 Page 2 VI. PUBLIC HEARINGS A. AMEND CHAPTER 3 COMPREHENSIVE GUIDE PLAN TO ADD GOLF COURSES AS A LAND USE &AMEND CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES Franzen presented the amendment.He stated that back in March of this year the City Council addressed the City requesting that they look at amending the City Code. On page 11 of the staff report are the Staff recommendations. They are as followed: 1. An amendment to Chapter 3, adding the following text: Golf course: The terms"golf course"includes the construction and maintenance of golf holes, practice ranges and greens,tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake,Bearpath, and Olympic Hills golf courses. 2. Amendments Chapter 3, including but not limited to, Tables 3.3, 3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category and redefining quasi-public as"privately-owned uses that resemble public uses such as land held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills gold courses. 3. An ordinance of the City of Eden Prairie, Minnesota, amending City Code, Chapter 11, Sections 11.03, Subd. LA, Subd. 2.B.,tables 4 and 5, Subd., 3.3.H4., adding section 11.36 and amending Section 11.70, Subd. 4, relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99,which among other things contain penalty provisions. Franzen stated that the change would be for all of the golf courses in Eden Prairie. Powell asked Franzen why we would limit this to golf courses. He said instead of calling it"golf course"call it, "outdoor recreation". Outdoor recreation would include such things as lawn bowling and horseback riding. Franzen stated that "golf course"was just addressed because that was what was asked to be addressed by the City Council. He also pointed out that in the future the guide plan could be changed to address outdoor recreation issues. Ric Rosow,Eden Prairie City Attorney, agreed with Franzen and stated that at this time we should address golf courses as"golf courses and in the future the guide plan could be changed to include outdoor recreation with these areas. Planning Commission Minutes November 13, 2006 Page 3 Stoelting asked Franzen if proper notification went out to all of the residents. Franzen stated that proper notification did go out. He pointed out that the minimum requirement is 500 feet from the area and the City went 1,000 feet from the area, and also posted it in the newspaper and on the City's website. Stoelting opened the meeting up for public input. Howard Roston, attorney representing Sam Herzog, owner of the Bent Creek Golf Course, stated that they are in opposition of this amendment. He presented Chair Stoelting with official documents. They include: 1. Letter from Mr.Herzog. 2. Letter from some of the other owners. 3. Affidavit from his law partner. 4. Letter from the law firm presenting their issues. 5. Information from DSU. 6. Information from appraisal company Mr.Roston stated that on behalf of Mr.Herzog,they are requesting that the Planning Commission delay action on this matter. Mr. Roston stated that the first issued he would like to address this evening is the timing of this matter. He pointed out that there are 530 acres that are subject to this amendment and that they have not had adequate time to get the appraiser out and address this issue. They are requesting a 30 day delay so they can analyze how this amendment change will affect Mr. Herzog. Mr.Roston said they would also like to see action on this amendment delayed until they can see the decision made by the Supreme Court on the case of Weinsman vs. City of Eagan. He stated that in this particular case,the landowners are arguing that action by the City was inappropriate. Mr.Roston also talked about the status to title of the Bent Creek Property. He stated that the majority of property is Torrens and when looking at the title to Bent Creek there is a lack of recorded restrictions to this property. Secondly,he addressed the City's historical zoning and comprehensive plan. Mr. Roston added that had the owner looked at the zoning ordinance there would have been a designation of one unit per ten acres had he wanted to develop the property assuming that the golf course is no longer commercially viable which it is not. He pointed out that there is no limitation for something labeled"quasi- public". Mr. Roston stated that limiting the use of this land to just"golf course" would not be very conducive to Mr. Herzog. Mr. Herzog is contemplating selling his property and feels that by labeling this piece of land as"golf course"would limit his selling potential. Planning Commission Minutes November 13, 2006 Page 4 Mr. Roston said that Shennah Appraising did some quick appraising of this land and the figures are devastating. He added that in Mr. Hertogs letter it states that the golf course is no longer economically viable use as a golf course,but would be would keep it open for a year but it is not economically viable and is not going to continued to lose money on the golf course forever. Mr. Roston feels that is should not be a function of the government to label land, such as"golf courses". He stated that he feels it is unconstitutional for several different reasons. He stated that the Minnesota Supreme Court ruled on the Mendota Heights decision stating that there was an inconsistency with the comprehensive plan and because of this the Mendota Heights Planning Commission and City Council are negotiating a change with the developers. Mr.Roston would like to ask the Planning Commission to deny the recommendations by City Staff. Marilyn Michaels, attorney working with Sam Herzog, gave some history about Mr. Herzog. She stated that Mr. Herzog is 81 years old. His partner to the golf course passed away and currently the Bent Creek Golf Course is losing money. She pointed out that in March of 2005, she started working with the City and Mr. Franzen and Mr.Rosow because she stated that the golf course cannot continue operating and they would like to come to a resolution to this problem. She stated that coming to a resolution now would eliminate three to five years of litigation. Ms. Michaels stated that if the ordinance is passed in its present form,there will be legal action by Mr.Herzog. She also said that she was surprised that the first notice was given on October 3 1"to Mr. Herzog. Ms.Michaels stated that she realizes that the residents in this area want open space,but they need time to work on a resolution. She understands that the comprehensive plan and zoning need to be realigned, but feels that is does not have to be done tonight or in the near future. John Sharlowd planning consultant stated that he has written zoning plans in the ,p g g past and also teaches zoning classes. He believes that by limiting this piece of land to a single use is unprecedented. He pointed out that in this area,there is an average of one golf course that is closing every month. He concluded by saying that he feels that the City and Bent Creek Golf Course should come up with a resolution to this issue. Steve Chelesnik, of 7269 Howard Lane, stated that he volunteered as a spokesperson tonight to express the opinion of the residents. He stated that in looking at this issue from the point of view of the adjacent landowners,they would like to see the amendment passed. He said the neighbors have purchased homes in the area under the promise that this land would always be a golf course. He pointed out that the owner could get 16 to 18 million for this land if it could be built on. He would like to see the promises honored to the community, regardless if Mr. Herzog said he was unaware of any promises. He also said that because the attorneys threatened the City with litigation,he feels the amendment should still be passed. Planning Commission Minutes November 13, 2006 Page 5 Starr Bourguewyland, of 14267 Wedgeway Court, had one comment on permitted uses. He said that he would like to see the owner have permitted uses, like cross country skiing in the winter;which would be a source of income for the golf course. Otto Teiken,who has lived off of the 7t'hole of Bent Creek for the past 32 years, stated that he paid $5,000 more for the position of his house. He believes the recommendation should go forward. Wilson Bryce, of 14418 Fairway Drive, is an architect and is sensitive to the aesthetics in the community. He stated that if this property were to be sold and redeveloped he would lose money on his property if he ever chose to sell it. Gary Everett, said that he is a long term resident of Eden Prairie and has seen many changes to the City. He said that he feels that the City should either purchase the property or work with the owner of the Bent Creek Golf Course to come up with a resolution. Dan Miller, of 7055 Howard Lane, stated that he supports the comments of Steve Chelesnik. He said that when the original developer wanted to create the PUD, there were some restrictions for open space to development. Now, 30 years later, it appears that the owner does not seem to want to uphold the promise. Mr. Miller feels that the owners of the Bent Creek Golf Course should have to uphold their promise and that he would like to see the City pass this amendment. John Brill, of 7384 Moonlight Lane,made a comment that he is concerned with the southwest quadrant of Bent Creek. He said this area floods a few times a year and he is concerned with the fertilization coming through Bent Creek. Rick Dorsey, of 14214 Green View Court, stated he feels that the land should not be developed in accordance with the PUD. He also believes that if the owners were to sell this piece of property that they would make more money on it than what they bought it for. He would also like to see the environmental issues addressed before any type of changes would be made. He stated that if the property was to be sold and developed on,this would lower the property value of homes around the area and they would also be burden with construction for the next few years. Victoria Rolf, a homeowner who lives on Bent Creek Court, stated that what she has heard tonight was that the owner wanted the passing of this amendment stalled for awhile to create a"win-win" situation for both the owner and homeowners. She stated that she would like to know what the"win-win" situation would be. She said that she is also concerned with the wildlife in the area and how it would be impacted with potential construction. Planning Commission Minutes November 13, 2006 Page 6 Nancy Manderfeld, of 13600 Brook Lane, stated that she understands that Eden Prairie is 94.5%built and would like to know when enough is enough. She believes a simple resolution for the owner would be to sell the land. Mr. Roston, stated that he would like to address two issues. He said that he heard several references in regards to selling the property. He said that they have looked into that and have not found any potential buyers. He also said that they have not read any historical documents that would indicate that this land be used for open space. Stoelting reiterated the issues that were brought forward tonight. They are as follows: l. Mr. Herzog is requesting a postponement of the decision tonight. 2. The status of the title—lack of record. 3. Issues with the PUD. 4. The question of the property owner not knowing the restrictions when he purchased the property. 5. Rural designation. 6. The use of property for uses other than open space. 7. Commitments to the community. 8. Land owners adjacent to the property and declining property values if the land were to be developed. 9. Concept of the City purchasing property. 10. Environmental issues. 11. How will the zoning issues today affect the PUD. 12. The issue of timing in relationship to this amendment. Ric Rosow addressed the issue of the Planning Commission waiting on a decision. He stated that as a Planning Commission,the members are not vested with the authority to extend the moritorium, but rather they are to make recommendations to the City Council. If the Planning Commission feels that this decision should be delayed then that would be a recommendation brought before the City Council. Mr. Rosow said that as far as the issue of the status of the title, he has not had the benefit to look through their title research. In regards to the issue of Torrens property, it is subject to zoning ordinances. He also said that there were previous commitments made in the original PUD. Franzen stated that in regards to the land owners that are adjacent to the property and the impact on property values, he stated that numerous factors have to be considered for the property value to be lowered, and that it would not just involve construction of adjacent property. Mr. Rosow stated to Commission that it cannot base its recommendation on unsupported statements made by residents that the development would have a negative impact on the neighboring land owners. He said that in regards to the City purchasing the property,that would be up to the decision of the City Council. Mr. Rosow said that as far as the environmental Planning Commission Minutes November 13,2006 Page 7 issues, if the land were to be developed,there would have to be numerous environmental issues to be met. Franzen stated that all properties are subject to numerous environmental ordinances. Mr. Rosow said that in regards to PUD, the zoning of the property changing to golf course would be consistent with the PUD. Kirk asked Mr. Rosow about the Weinsman ruling and what its impact would do. Mr.Rosow said that he is totally aware of the case, but if there was a decision made on it prior to a City Council decision,he would look at it, but he feels that the Commission should not wait for an outcome. Stoltz asked Ms. Michaels about the `win-win" situation, and what that would entail. She stated that there is a wetland area to the south and that could be made into a 9 hole public golf course that would generate revenue for the golf course and also allow non-members to play golf at this golf course. She also stated that there was some talk of a conservation easement to the north of the property. Kirk asked Mr. Rosow about a law suit and what is the reality if it did happen. Mr. Rosow stated that the City does have insurance but it should not be a reason to pass or deny a proposal. Mr. Rosow pointed out that it does take quite a bit of Staff time if litigation would take place. Kirk asked Mr. Rosow if they have the resources to go ahead with the litigation. Mr. Rosow stated that they do have the resources to go ahead with the litigation. Stoelting asked about a continuance or delay of decision and how would Staff feel about that. Franzen stated that he would look at what the City Council requested them to do. He feels that Staff did do what they were suppose to do and would not see the need for a continuance. Stoelting amendment reiterated the am n ment and asked the Commission Members for their input. Seymour stated that he does not see a problem with changing the language of the ordinance, but asked if we could add the outdoor uses to the amendment. Mr.Rosow stated that if the Commission wanted to address outdoor uses that they should do so. MOTION by Stoltz, seconded by Kirk,to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk,to approve the following: An amendment to Chapter 3, adding the following text: Golf course: The term "golf course" includes the construction and maintenance of golf holes, practice ranges and greens,tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use Planning Commission Minutes November 13, 2006 Page 8 or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. Amendments to Chapter 3, including but not limited to, Tables 3.3, 3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category and redefining quasi-public as"privately-owned uses that resemble public uses such as and held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake,Bearpath, and Olympic Hills golf courses. An ordinance of the City of Eden Prairie Minnesota amending City Code Chapter 11, Sections 11.03, Subd. 1.A, Subd. 2.131, tables 4 and 5, Subd. 3.3.H.4., adding section 11.36 and amending Section 11.70, Subd. 4 relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99, which among other things contain penalty provisions. Add croquet, lawn bowling, platform tennis, cross country skiing, snow shoeing, and ice skating,to the list of proposed permitted uses. Motion carried 6-0. . B. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE&REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres;Zoning District Change from Rural to Golf Course on 105.8 acres. Franzen presented the proposal. He stated that since the Planning Commission adopted Item A,then this item, along with the subsequent golf course requests, needs to be individually addressed. Franzen stated that the Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. Rick Dorsey, a resident of Eden Prairie, stated that his only concern is to make sure that as a PUD it has only zoning applied to the property. He stated that he does not want it re-zoned, other than the original PUD. Stoelting asked if the approval of the guide plan change would affect the original PUD. Mr. Rosow stated it would affect the original PUD because it would be zoned golf course,but the other property would be unaffected. He also stated that this action would change the zoning of property from rural to golf course. Mr. Rosow reiterated that PUD is not changing but rather zoning. Brooks Halvorson, of 14348 Fairway Drive,had the same concerns as Mr. Dorsey. Mr. Rosow reiterated that the PUD would not change but rather the underlying zoning on the property. Planning Commission Minutes November 13, 2006 Page 9 MOTION by Powell, seconded by Stoltz,to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk, to approve the Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres and Zoning District Change from Rural to Golf Course on 105.8 acres. Motion carried 6-0. C. BEARPATH GOLF COURSE GUIDE PLAN CHANGE&REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres;Zoning District Change from Rural to Golf Course on 198.04 acres. Franzen presented the proposal. He stated that Staff,recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. Rodney Hardy, secretary and owner of the Bearpath Golf Association, stated that Bearpath is concerned about retaining this facility as a private venture. He stated that they rely on memberships and have to be accommodating to them as users of the golf course. Mr.Hardy pointed out that they are a golf and country club and because of that,they may have different issues. He stated that one concern is parking; as the membership grows they may need more parking. He also stated that there are some additional uses that they would like to have; such as, skateboarding, soccer, or softball. Mr. Hardy stated that he would like to know how that would be protected. He said he would also like to know that if something happened to a public building on the property, for an example, a fire, that they would be able to rebuild it to its current state. John Downey, manager of Bearpath Golf Association,reiterated what Mr. Hardy said. Mr. Downey said that he would like to be able to supply a list of additional activities to the Planning Commission. Stoelting apologized to Mr.Hardy and Mr. Downey for not realizing that they wanted to speak during the initial amendment proposal. Stoelting asked Franzen to address the issues brought forth by Mr. Hardy and Mr. Downey. Franzen stated that he will not prohibit uses like baseball or soccer, or any other similar additional use. He stated that it would be beneficial to address the recreational uses prior to going to the City Council. Franzen said that in regards to the buildings,the City would not request additional rezoning but they would just have to come back for building permits. Planning Commission Minutes November 13, 2006 Page 10 Powell stated that any recreational sport that can be played in a park should be allowed here also. He stated that he felt each"open space area"should be able to have non-motorized recreation activities. MOTION by Seymour, seconded by Kirk,to close the public hearing. Motion carried 6-0. MOTION by Seymour, seconded by Stoltz,to approve the Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres and Zoning District Change from Rural to Golf Course on 198.04 acres. Motion carried 6-0. Kirk asked how the Commission wants to address the usage issue that was brought forward in the public discussion. Franzen stated that action should be taken on the first motion and then make a second motion to cover this issue. MOTION by Kirk, seconded by Powell,to ask the City Staff to recommend appropriate language for additional uses to be added to the amendment in conjunction with zoning and guide plan changed brought for to the City Council. Motion carried 6-0. D. OLYMPIC HILLS GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.11 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres;Zoning District Change from Rural to Golf Course on 169.1 acres;Zoning District Change from RM-6.5 to Golf Course on 1.6 acres; Zoning District Change from R1-13.5 to Golf Course on .52 acres. Franzen presented the proposal. He stated that Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. There was no input. MOTION by Stoltz, seconded by Seymour,to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk,to approve the Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.11 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres; Zoning District Change from Rural to Golf Course on 169.1 acres; Zoning District change from R1VI-6.5 to Golf Course on 1.6 acres;Zoning District Change from R1-13.5 to Golf Course on .52 acres. Motion carried 6-0. Planning Commission Minutes November 13, 2006 Page 11 E. GLEN LAKE GOLF COURSE GUIDE PLAN CHANGE&REZONING Request for: Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres;Zoning District Change from Public to Golf Course on 50.69 acres. Franzen presented the proposal. He stated that Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. There was no input. MOTION by Kirk, seconded by Powell,to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk,to approve the Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres; and Zoning District Change from Public to Golf Course on 50.69 acres. Motion carried 6-0. F. BECKER REZONING by Lee and Carri Becker. Request for: Zoning District Change from Rural to R1-13.5 on .083 acres. Location is 9795 Bluff Road. Carrie Becker presented the proposal. She stated that the house they are currently living in was built in 1980 and that is was never in compliance with zoning regulations. They are bringing forth their proposal tonight to get their home properly re-zoned. She stated that they found this discrepancy when they started to remodel their home. Mr. Becker illustrated the setbacks using the overhead projector. Stoelting asked Franzen if by rezoning to R1-13.5 would there be any zoning inconsistencies. Franzen stated there would not be any inconsistencies. Stoelting asked Franzen to review the staff report. Franzen stated that Staff recommendation is for approval. Stoelting opened the meeting up for public input. There was no input. MOTION by Powell, seconded by Kirk,to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Stoltz,to approve the Zoning District Change from Rural to R1-13.5 on .83 acres based on the staff report dated November 10, 2006, and plans stamped dated October 20, 2006. VII. PLANNERS' REPORT Franzen stated that for the November 27,2006, meeting,there will be one public hearing for a proposal for an office building and a Guide Plan Update on Transportation. Planning Commission-Minutes November 13, 2006 Page 12 IX. MEMBERS REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION by Stoltz, seconded by Kirk,to adjourn the meeting. Motion carried 6-0. There being no further business,the meeting adjourned at 10:20 p.m. y.. j' 'Y_... BEARPAT14 November 7,2006 Via email: mfranzen@edenprairie.org Mike Franzen City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 RE: Revisions to new revised"Zoning District"for"Golf Course" Dear Mike, As owners of Bearpath Golf&Country Club, Inc, we would like you to consider the following items be included in the revised zoning as referenced above. These cover 3 areas of activity within the designated"Golf Course" district. They are: 1) Parking: In order to accommodate the possibility of expanded dining and additional recreational facilities we request that Section 3 be revised to read for"off street parking requirements"the following "30% of capacity plus 50 spaces." 2) Under permitted uses (Section 5 Subd. 2)we would request that platform tennis be permitted,as we have it now,plus lawn bowling,croquet, and other passive grass sports. Because of the urbanization of our area and the need to attract quality workers for golf maintenance, we like other high end golf facilities,are looking seriously at providing onsite seasonal housing for part time employees. This housing should be located within our maintenance area, would be part of any employment package and would be carefully managed by our own Bearpath staff. We request the opportunity to provide housing subject to zoning requirements of residential zoning within Bearpath. We believe that this need will become a reality within the next few seasons. C 0 r 11 It r n E c 0 l l i c e S 4 9 4 0 Vi h S a g j) r i MN .55-435 1 9 5 2 -8 3 5 -9 8 0 8 3) Finally,in the event of fire or other natural disasters we request the right to replace buildings presently on site without any risk of rezoning. We realize we would be required to meet building codes for the particular building, we need to be able to replace it. I am sure our lender and insurance companies involved would request the same. These are the major issues that have come to light since our meeting with staff. Thank you for considering these requests. Please feel free to contact meat 952-835- 2808 or John Downey at 952-975-0123 with any questions. Si •ely Rodney Ot. ardy Secretary CC: John Downey 12-20-05 To: Eden Prairie City Council From: Victoria Rolf, Resident of Eden Prairie Re: Potential Development of Bent Creek Golf Course Dear Council Members, I find myself attempting to express one of the most difficult confliction human beings face. We live in a world in which we are populating, developing, unearthing, destroying and recreating the world around us for human benefit alone. We enjoy much of this development but if it isn't balanced with the natural world,.we will continue to slowly destroy our planet. It is the Institutions that govern these ethical choices that are ultimately responsible for our world and our habitat. The crucial consideration in opposing the development ent of Bent Creek ek Golf Course is the Master Edenvale Plan itself. As I read the files the City of Eden Prairie has on record regarding Edenvale, I became completely engrossed in this new and exciting Plan. In 1970 Eden Prairie had a population of about 8,000 and Edenvale proposed to provide housing for an additional 10,000- 19,000 people. It was an incredible undertaking that took approximately 10 years to complete. It provided nearly every type of housing and commercial space and created living opportunities for every income group. In addition, the Plan provided the means to preserve and protect as much of the environment and natural features as possible within the context of developing a new living community. The documents describe over and over the fact that the population would grow, and yet the intent was to develop the area in a way that is more in harmony with the environment and help preserve and protect the habitat as much as feasible. The developers surmised that this would be a great benefit to humans too. Most developers rarely consider these factors but Eden Land Corporation had a vision and a dream that included our environmental responsibilities in their plan. From what I understand as a lay person reading the documents, the Planned Unit Development(PUD 70-3 and revision 70-4)the City of Eden Prairie agreed to is a legally binding document. In this PUD the quasi golf course was required to remain open space. I believe the proper forms were never filed in the case of the golf course and therefore the legal requirement that the course remain open space was never transferred from owner to owner. A very important consideration is that all previous owners purchased the golf course with the intent that it remain a golf course. No one has been cheated or deceived with regard to its status in the ears.past 40 p y Since the golf course was s remodeled into the18 hole Edenvale Golf Cours e1975 as part of the overall no the course until now. The question i whether t u current owns s h has a right sought sell it to be r rezoned and used as something other than open space. It all comes down to a twofold promise. From 1970-1972, the Eden Prairie City Council made a promise to the communityb o y approving the Edenvale PUD which of the 1,000 acres as open space. The golf course was approximately 12%pof protected 25/o designated 25%open space in the PUD and was required to remain that way. The Council bargained with Eden Land Corporation on numerous development items and what the Council repeatedly received in return was the promise from Eden Land Corp. that the golf course would remain open space in the PUD. Now I am wondering who will protect those promises and the integrity of the Edenvale Plan. By virtue of the City Councils approval of the Edenvale PUD, it became part of the overall City Plan. In my opinion it is the responsibility of the present elected City Council Members to uphold this promise to the community. The City promised its residents that it would protect 25%of the 1,000 acres as open space for the use of all. The Eden Land Corp, promised to respect the legal requirements of the PUD that guaranteed the golf course would remain open space and they agreed to file the proper legal documents. In an effort to support this position, I have attached specific quotes from the hundreds of documents the City has on file relating to Edenvale. They specifically pertain to the promises made by the City and Eden Land Corp. to preserve the golf course as green space. They are in the same order as the City file so that you can refer to them. These statements in the City archives represent just a fraction of the Edenvale Plan. From the City of Eden Prairie, Eden Land Corp. received Cash Park Fee exemptions of at least $400,000, reduced building densities which made it much less expensive for them to build, and zoning changes from the city norm for both corporate and residential sites. All these compromises were part of a greater City Plan that included 250 acreas of glorious open space and definitively included the 115 acre golf course. Finally, I want to say that if you choose to allow development of Bent Creek Golf Course, you will be significantly altering our community. Not only will thousands of residents living within Edenvale and the adjoining neighbors be adversely impacted, the natural makeup of the community will be destroyed. There are entire populations of wildlife that live, breed, and transit from Birch Island through Bent Creek to Purgatory Creek.My husband and I have had red tailed hawks nest and breed in our back yard. We had a pair of fox breed here and send out two young ones. In addition we regularly see pilated woodpeckers, broad winged hawks, sharp shinned hawks ground hogs, raccoon, numerous types of owls, flying squirrels, 5 other types of woodpeckers, red and gray squirrels, chipmunks, ducks, turkeys, and at least a 100 types of birds. Any development of the course will impact the territory, migration, and habitat of this areas wildlife. Lots of these animals hover and feed on the small creatures transiting the open area. As City Council Members you have so much power. Yet remember there was a great promise that was genuinely intended to be upheld by the Eden Land Corp. and the City of Eden Prairie. The crucial consideration was an economic and environmental balance and an agreement was struck to achieve that balance. Who really has the right to break that promise made by both parties? Sincerely, Victoria A. Rolf 6890 Canterbury Lane Eden Prairie, MN 55346 Quotes from the Edenvale Planned Unit Development on file with the City of Eden Prairie. Some of the strongest statements are in bold for quick referral: July 7, 1970 Eden Prairie Planning Commission minutes. Mr. Peterson presented a number of documents designating the public and quasi public open spaces and noted that they represented 24%of the total 980 acre project. The proposal included about 63 acres of public land including a 22 acre combination elementaryschool and neighborhood site. About 18 acres of the public land was located withi the flood lain o Purgatoryhood park pCreek. He said that the project also contained approximately acr P p J52 es of private open space. p pe p ...Mr. Bonner...said that he did not feel that the portion of property contained within the flood plain of the creek should be considered as public land for the purposes of determining the 5%land dedication. He asked for clarification of the ownership, use and maintenance of the proposed private open spaces....He suggested that additional park space be provided along the creek and east of the Baker Road extension in order to provide park service to the large office complex proposed in that area.... August 25, 1970 Eden Prairie.Village Council minutes. Mr. Peterson...He also noted that their application stated their commitment to maintain the golf course within the development. July 9, 1970 Planning and Zoning Commission report. Item 4...Eden Land Corporation has Indicated that it will not be the developer for the entire 1,000 acre project. They will, Instead, sell parcels of the land to other developers. These developers must be subject to the same review procedures that Edenvale underwent. The density and percentage coverage controls should be likewise applicable. By utilizing these controls the Village will be able to retain the high quality of development initially Indicated by Edenvale....Land Use. Residential. Considering the nature of this specific single family situation It is the recommendation of the staff that the 2 unitstacre maximum be waived. The golf course supplies more than adequate open space and the lots conform to the 13,500 square feet minimum. An alternative to this would be a new classification without the two units per acre maximum. The 18% building coverage proposed in this classification is acceptable. Continued. Quasi-Public. The 115 acre golf course is a major quasi public space. Eden Land Corporation will issue asurance on the golf course which will guarantee its use as recreational land and prohibit Its future development as building sites. August 1, 1970 Edenvale Fact Sheet. There will be n 1 complete a 8 hol e public golf course and practice range located within this area which will provide recreational facilities for residents of the area as well as the southwest metropolitan region....This concept can provide private living facilities with adequate open space for all by grouping units together and leaving open space for the enjoyment of all. This concept fits well with the beautiful rolling wooded hills in Edenvale and will result in relatively little grading which results in the saving of natural vegetation and trees. No Date, Eden Land Corporation Fact Sheet. Edenvale, a new community ecologically planned for living in the future. What Is It?Edenvale is a planned community development so large it can provide a full range of land uses, residential, recreational, commercial and industrial;designed so the natural features, the wooded hills, streams, ponds and greenery will remain unspoiled....Edenvale is the planned community proposed by Eden Land Corporation, a corporation formed to assemble large tracts of land, have proper land use designated and obtain proper zoning. The land will then be sold with deed restrictions to others who will develop the property according to the accepted land use plan....A community planning and landscape architecture firm --Nason, Wehrman, Knight and Chapman Inc. —was retained to do the detailed planning of the community in consultation with environmentalists, ecologists and naturalists. June 17, 1970 Eden Land Corp News Release. Edenvale is naturally divided into three areas by dramatic elevation differences as well as woods, ponds and Purgatory Creek, a bubbling trout stream which courses through the properties. "These natural features made planning a 1970's ecological approach fascinating," said George 1. Burkards, chief planner. "We believe we are pioneering in the sane methods that society must adopt for living in the future....The golf course for Edenvale is already in existence, in the form of a 27 hole public course. While the course will remain public and within tree covered walking distance, the course will be completely redesigned to a more spacious 18 holes and a practice range to fit into the surrounding development....Quasi Public. Eden Land Corporation will Issue assurances on the eighteen hole golf course which will guarantee Its use as recreational land so that it will not be developed into building sites. No Date, Edenvale, Summary of provisions to provide ownership and responsibility for maintenance of open space. The Eden Prairie Golf Club will be retained and changed Into a quality 18 hole golf course with a practice range. This course will be provided as a public course owned, maintained and operated by Eden Land Corporation or a subsidiary corporation. At some future date this course may be sold to a member association or corporation and will be operated for the residents and members as a private club; under all circumstances the land will be retained for recreational uses. August 25, 1970 Edenvale PUD Concept Stage Application, Second Supplement. Developer. The owner of Edenvale is Eden Land Corporation, a corporation formed for the purpose of assembling large tracts of land on which the corporation will cause to have proper land use planning performed and will then obtain proper zoning on the land and will then sell land with proper deed restrictions to other Individuals or corporations to develop the property according to the accepted land use plan....Development Method. Eden Land Corporation will do all land planning and will resell the land with deed restrictions to limit development according to approved plans. Eden Land will join In development on certain portions through joint venture but the majority will be sold in large parcels to other developers with proper restrictions attached to ensure development according to a master plan....All of the open space provided In Edenvale will be reserved for public use by restrictions placed on the deeds at the time of sale by Eden Land Corporation. July 25, 1972 Eden Prairie Village Council minutes. Revised Edenvale PUD (70-4) Concept Plan. Briefly, the changes to the 1970 land use plan are; the realignment of the fairways in Edenvale Golf Course. The original 115 gross acres of the proposed golf course has been surveyed at 109 gross acres today. August 13, 1972 Edenvale Features Planned Unit Development for Eden Prairie. article in Minneapolis Tribune. ...All will be built and planned in relationship to one another and the environmental features of the site will be preserved....Now going up in Edenvale is Fairway Woad, a 105-unitluxurycondominium apartment complex overlooking Purgatory reek and the new Edenvale golf course...Fairway Wood...a direct view of the golf course with its meandering trout stream. i September 15, 1977 Land Dedication Requirements/Cash Park Fee Policies from Marty Jessen, Director of Community Services. When the City was considering the establishment of the Cash Park Fee we on staff suggested that the Preserve, Edenvale and Hidden Ponds be exempt from payment of the "Fee". The reason for our suggestion was that these 3 developments, while staged, had satisfied the City requirements for open space at the time at which they'd received concept approval. While a subsequent analysis (see attached) of their public open space dedication indicated that the Cash Park Fee would have yielded greater value to the City than the dedication -we felt that a "deal" had been cut and thus the City should stand by it. April 18, 1978 City of Eden Prairie Resolution No. 78-22. The lands and facilities conveyed in connection with the original planned unit development of the Preserve and Edenvale comply fully with the park fee requirements of the City of Eden Prairie and no additional cash fee payment will be required with the original planned unit developments. All future developments proposed by the Preserve and Edenvale outside of the original PUD will be subject to the ordinance of the City of Eden Prairie as to the cash park fees. September 30, 1977 Cash Park Fee/Park Land Dedication Policies. Memo. The City should not assess the Cash Park Fee In the Preserve, Edenvale and Hidden Ponds, providing these developers live up fully to their open space commitments. August 5, 1974 Letter to resident Judy S(unreadable)on Summerhiil Drive from Eden Land corporation. ...By approving the Edenvale planned unit development the City of Eden Prairie approved certain land uses, basic street and utility systems and open space patterns. The land uses were approved with an overall density stipulated to a maximum which could not be exceeded. Each parcel of land was approved for a basic density. Our financial models and land prices have been established according to these densities. Within Edenvale over 175 acres have been set aside as private or public open space or recreational land.The remainder is to be developed according to the land use plan adopted by the City. January 31, 1972 From Eden Land Corp. signed by Donald R. Peterson. Dear Neighbor: The enclosed packet of information is being sent to you so that you may be kept informed of the progress being made in Edenvale....The new Edenvale Golf Course has been completed and we expect to have it open for play in June; however, we will have a period where maintenance problems will exist until a good healthy turf can be established. No trespassing signs were placed around the golf course temporarily to prevent snowmobiles, mini bikes and horses from damaging this very tender new turf. These signs have helped considerably, but we hope we will not have to leave them in place. Your cooperation is greatly appreciated. We hope this new golf course adjacent to your homes will give you pleasant scenery, and we feel It will greatly enhance the value of your land as well as ours. September 6, 1973 Letter to Council and Mayor from Edenvale Land Corp....We have Invested over one million dollars In our golf course to provide an amenity which will serve the community and will enhance the value of the adjacent property. Summary complete STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: November 9,2006 SUBJECT: Response to Letter from Bearpath Regarding Revisions to the proposed Golf Course Zoning District. The attached letter from Rodney D.Hardy is asking the City to consider the following amendments to the proposed ordinance for the Golf Course District. 1. Revise the off street parking requirements from 72 and 1 per 3 seats in the clubhouse to 1130 % of the capacity of the clubhouse plus 50 spaces. Bearpath has 218 parking spaces on site. The proposed ordinance would require166 parking spaces. Bearpath has 52 available spaces for expansion. Bent Creek, Olympic Hills, and Glen Lake would conform to the proposed parking standards. Staff is not recommending changes to the proposed parking standards in the Golf Course District. 2. Under permitted uses at platform tennis, lawn bowling, croquet and other passive sports. Staff would recommend that platform tennis, lawn bowling, and croquet be added as permitted uses. Adding other types of passive grass sports is not recommended because it is not clearly defined. Passive grass sports could be considered for a future code amendment after careful research and study 3. Permit on site seasonal housing for part-time employees. The ordinance was developed to match closely with existing conditions and uses at all golf courses. This item was not part of the study. This item could be considered as a future code amendment after careful research and study. Staff does not recommend amending the ordinance for on site seasonal housing for part time. 4. Be able to retain the right to replace buildings in the event of a fire or other natural disaster without the risk of rezoning. Since buildings at the golf courses would be considered conforming to the proposed zoning,the owner would not request rezoning to rebuild structures that conform with the Golf Course Ordinance zone at such time. 1 CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Amending Chapter 11 of the City Code Development/Planning relative to golf courses Janet Jeremiah Michael Franzen Requested Action Move to: • Continue the public hearing to the January 16, 2007, City Council meeting. Synopsis The Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action on the proposed amendments to Chapter I 1 of the City Code relative to golf courses. CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Community Bent Creek Golf Course Guide Plan III Development/Planning Change&Rezoning Janet Jeremiah Michael Franzen Requested Action Move to: • Continue the public hearing to the January 16, 2007 City Council meeting. Synopsis The Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action to change the use and zoning of the golf course. The staff recommends continuing this hearing to the January 16,2007. CITY COUNCIL AGENDA DATE: December 4,2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Community Olympic Hills Golf Course Guide Plan Development/Planning Change&Rezoning Janet Jeremiah Michael Franzen Requested Action Move to: • Continue the public hearing to the January 16, 2007 City Council meeting. Synopsis The Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action to change the use and zoning of the golf course. The staff recommends continuing this hearing to the January 16, 2007. CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILG. Community Bearpath Golf Course Guide Plan Development/Planning Change&Rezoning Janet Jeremiah Michael Franzen Requested Action Move to: • Continue the public hearing to the January 16, 2007 City Council meeting. Synopsis The Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action to change the use and zoning of the golf course. The staff recommends continuing this hearing to the January 16,2007, meeting. CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Community Glen Lake Golf Course Guide Plan Development/Planning Change& Rezoning Janet Jeremiah Michael Franzen Requested Action Move to: • Continue the public hearing to the January 16, 2007 City Council meeting. Synopsis The Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action to change the use and zoning of the golf course. The staff recommends continuing this hearing to the January 16, 2007. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings December 4,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIIL1. Office of the City Manager/ Fee Schedule Ordinance Finance, Sue Kotchevar Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Updating 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 Proposed Ordinance Report of Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2006 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 FEEI DESCRIPTION Building Permit- Valuation $1 to $500 $30.00 $501 to $2,000 $30.00 1st$500 plus $3.45 each add'l $100 or fraction thereof,to& including $2,000 $2,001 to $25,000 $81.75 1st $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'l $1,000 or fraction thereof,to& including $50,000 $50,001 to $100,000 $727.95 1st $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 1st $100,000 plus $6.40 each add'l $1,000 or fraction thereof, to& including $500,000 $500,001 to $1,000,000 $3,687.95 1st $500,000 plus $5.30 each add'l $1,000 or fraction thereof,to& including $1,000,000 $1,000,001 &up $6,337.95 1"$1,000,000 plus $4.30 each add'l $1,000 or fraction thereof SERVICE FEE DESCRIPTION Building Permit Other Ins ections & Fees Plan checking 65%of the building permit fee if valuation is greaterthan $10,000 Reins ection $50.00 Per hour Demolishing or Razing $25.00 Buildings Cash Park Fee Single Family Unit $6,000.00 All other residential $5,000.00 Per unit Office, Commercial, $11,000.00 Per acre Industrial Community Develo ment Deposit 0 to 40 Acres $3,500.00 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 $3,810.00 8 1+acres $4,345.00 Guide Plan Charge $590.00 Plus $5.00 per acre Planned Unit $650.00 Plus $5.00 per acre Development (P.U.D) Fee Planned Unit $650.00 Plus $5.00 per acre Development Amendment Platting Residential-0 to 10 units $425.00 Plus $5.00 per unit Residential-I I or more $530.00 Plus $5.00 per unit Commercial, Industrial, $425.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial,Industrial, $545.00 Plus $25.00 per acre Office,Public-3.1 or more acres Site Plan Review Administrative $290.00 Site Plan Review (City Council Multi-Family-0 to 10 $415.00 Plus $5.00 per unit units Multi-Family-11 or $520.00 Plus $5.00 per unit more units 2 SERVICE FEE DESCRIPTION Commercial, Industrial, $415.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $535.00 Plus $25.00 per acre Office, Public-3.1 or more acres Commercial,Industrial, Office,Public 0-3 acres $425.00 Plus $25.00 per acre 3.1 or more acres $535.00 Plus $25.00 per acre Residential 0-10 units $425.00 Plus $5.00 per unit 11 or more units 1 $535.00 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 $220.00 Appeal to Board of Adjustments and Appeals Variances Residential $315.00 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 $520.00 Includes variances associated with properties zoned office, industrial, commercial and residential Variances Building or $230.00 Fire Code A peal Commercial Wireless Communications towers and/or antennas Administrative $255.00 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 3 SERVICE FEE DESCRIPTION Site Plan Review See Development Fees required for tower as it and/or antennas y.. Environmental $300.00 Plus $5.00 acre Assessment Worksheet E.A.W. Excavation & Grading—Grading Permit Fee 101 to 1,000 cubic yards $43.00 1" 100 cubic yards, plus $20.60 for each add'1 100 cubic yards or fraction thereof 1,001 to 10,000 cubic $229.00 1" 1,000 cubic yards, plus $17.50 for yards each add'1 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $386.00 lst 10,000 cubic yards, plus $78.50 for yards each add'1 10,000 cubic yards or fraction thereof 100,001 or more $1,091.00 1" 100,000 cubic yards, plus $43.30 for each add'1 10,000 cubic yards or fraction thereof Additional plan review $35.00* Per hour/Minimum charge is one half fees hour required by changes, additions or revisions to approve plans Inspections outside $60.00* Per hour/Minimum charge is two hours normal business hours Reins ection fee $60.00 Each Inspection for which no $60.00* Per hour/Minimum charge is one half fee is specifically hour indicated Additional plan review $60.00* 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 $43.00 1,001 to 10,000 cubic $59.00 yards 10,001 to 100,000 cubic $59.00 lst 10,000 cubic yards, plus $29.90 for yards each add'1 10,000 cubic yards or fraction thereof 100,001 to 200,000 $328.00 1" 100,000 cubic yards, plus $16.40 for cubic yards each add'1 10,000 cubic yards or fraction thereof 4 SERVICE FEE DESCRIPTION 200,001 cubic yards or $476.00 1"200,000 cubic yards, plus$8.20 for more each add'1 10,000 cubic yards or fraction thereof Additional plan review $35.00 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 $271.00 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 and special 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 $54.00 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, $130.00 Per acre/Minimum $320.00 Office and Public Administrative Land $69.00 Division 5 SERVICE FEE DESCRIPTION LGU Review Min. payment is $250. $75.00 An hour Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. Payment is due after completion of site review activities,plan review and/or prior to release of plat LGU Deposit-Plan Review An LGU deposit $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, 2007. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of December, 2006, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of December, 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on 6 2007 Ordinance - Changes from 2006 SERVICE DESCRIPTION Fee2006 Fee2007 BUILDING INSPECTIONS Cash Park Fee Single Family Unit Per unit 5,000.00 6,000.00 All other residential Per unit 4,100.00 5,000.00 Office, Commercial, Industrial Per acre 10,000.00 11,000.00 DEVELOPMENT Community Development Deposit 0 to 40 acres A development deposit agreement is required for 3,400.00 3,500.00 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 3,810.00 81 +acres 4,220.00 4,345.00 Guide Plan Charge Plus$5.00 per acre 575.00 590.00 Planned Unit Development(P.U.D.)Fee Plus$5.00 per acre 635.00 650.00 Planned Unit Development Amendment Plus$5.00 per acre 635.00 650.00 Platting Residential -0 to 10 units Plus$5.00 per unit 415.00 425.00 Commercial,Industrial,Office, Public-0 to 3 acres Plus$25.00 per acre 415.00 425.00 Commercial,Industrial,Office,Public-3.1 or more acres Plus$25.00 per acre 530.00 545.00 Site Plan Review Administrative 285.00 290.00 Page 1 of 4 2007 Ordinance - Changes from 2006 SERVICE DESCRIPTION Fee2006 Fee2007 Site Plan Review(City Council) Multi-Family-0 to 10 units Plus$5.00 per unit 405.00 415.00 Multi-Family- 11 or more units Plus$5.00 per unit 505.00 520.00 Commercial,Industrial, Office, Public-0 to 3 acres Plus$25.00 per acre 405.00 415.00 Commercial, Industrial, Office,Public-3.1 or more acres Plus$25.00 per acre 520.00 535.00 ZONING Commercial,Industrial,Office,Public 0-3 acres Plus$25.00 per acre 415.00 425.00 3.1 or more acres Plus$25.00 per acre 520.00 535.00 Residential 0-10 units Plus$5.00 per unit 415.00 425.00 11 or more units Plus$5.00 per unit 520.00 535.00 Zoning Amendment and Zoning Appeal Zoning amendment Appeal to Board of Adjustments and Appeals 210.00 220.00 Variances Residential Includes residential zoned properties for new 305.00 315.00 construction,building additions,decks,porches, garages,accessory structures and variances from all chapters of the City Corte Variances Other Includes variances associated with properties zoned 505.00 520.00 office,industrial,commercial and residential Variances Building or Fire Code Appeal 225.00 230.00 ZONING-TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative Towers and/or antennas meeting code located on 250.00 255.00 private property Page 2 of 4 r 2007 Ordinance - Changes from 2006 SERVICE DESCRIPTION Fee2006 Fee2007 ENGINEERING Excavation & Grading-Grading Permit Fee 101 to 1,000 cubic yards 1 st 100 cubic yards plus$20.60 for each add'I 100 $42.00 $43.00 cubic yards or fraction thereof 1,001 to 10,000 cubic yards l st 1,000 cubic yards plus$17.50 for each add'I 1,000 $222.00 $229.00 cubic yards or fraction thereof 10,001 to 100,000 cubic yards 1 st 10,000 cubic yards,plus$78.50 for each add'I $375.00 $386.00 10,000 cubic yards or fraction thereof 100,001 or more 1st 100,000 cubic yards,plus $43.30 for each add'I $1,059.00 $1,091,00 10,000 cubic yards or fraction thereof Additional plan review fees Per hour/Minimum charge is one half hour required by $34.00 $35.00 changes,additions or revisions to approve plans Inspections outside normal business hours Per hour/Minimum charge is two hours $58.00 $60.00 Reinspection fee Each $58.00 $60.00 Inspection for which no fee is specifically indicated Per hour/Minimum charge is one half hour $58.00 $60.00 Additional plan review required for changes, additions,or Per hour/Minimum charge is one half hour $58.00 $60.00 revisions to approved plans Page 3 of 4 2007 Ordinance - Changes from 2006 SERVICE DESCRIPTION Fee2006 Fee2007 Excavation & Grading-Plan Checking Fee 101 to 1,000 cubic yards $42.00 $43.00 1,001 to 10,000 cubic yards $57.00 $59.00 10,001 to 100,000 cubic yards I st 10,000 cubic yards,plus$29.90 for each add'I $57.00 $59.00 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yards Ist 100,000 cubic yards,plus $16.40 for each add'I $318.00 $328.00 10,000 cubic yards or fraction thereof 200,001 cubic yards or more 1st 200,000 cubic yards,plus$8.20 for each add'I $462.00 $476.00 10,000 cubic yards or fraction thereof Additional plan review fees Per hour/minimum charge is one half hour,required $34.00 $35.00 by changes,additions or revisions to approve plans Public Right-of Way or Easement Vacation Application Fee Per transaction/for vacating the City's interest in real $263.00 $271.00 property, including right-of-way and easement's(for consultation, review,notice mailing,publication of notice and recording) Final Plat Residential $52.00 $54.00 Per unit/Minimum$320.00plus cost of review by special assessment. Costs include public infrastructure improvements(excluding grading costs),subject to approval by Cit Engineer payable prior to start-up Commercial,Industrial,Office,and Public Per acre/Minimum $320.00 $126.00 $130.00 Administrative Land Division $67.00 $69.00 Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims December 4,2006 DEPARTMENT/DIVISION: 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 158264- 159157 Wire Transfers 2561 -2573 City of Eden Prairie Council Check Summary 12/4/2006 Division Amount Division Amount 516 ADC PROJECT 11,933 General 124,642 517 212/Charlson Intersection 13,479 100 City Manager 275 519 Community Center Referendum 62,912 101 Legislative 6,090 520 Parks Referendum 13,699 102 Legal Counsel -838 521 Trails Referendum 1,842 104 Contingency 518 522 Improvement Projects 2006 23,037 110 City Clerk 36,317 601 Prairie Village Liquor 203,740 III Customer Service 15,795 602 Den Road Liquor 308,828 113 Communication Services 7,347 603 Prairie View Liquor 157,598 114 Benefits&Training 3,397 605 Den Road Building 29,716 115 Risk Management 33,620 701 Water Fund 142,856 116 Facilities 79,035 702 Sewer Fund 242,985 117 City Center 72,362 703 Storm Drainage Fund 28,552 130 Assessing 428 803 Escrow Fund 26,758 131 Finance 659 806 SAC Agency Fund 32,550 133 Planning 3,793 807 Benefits Fund 681,293 135 Information Technology 55,289 136 Public Safety Communications 16,820 Report Totals 4,729,289 137 Economic Development 504 138 Community Development Admin. 20 150 Park Administration 2,741 151 Park Maintenance 27,525 153 Organized Athletics 8,697 154 Community Center 10,018 156 Youth Programs 43,737 158 Adult Recreation 4,100 159 Recreation Administration 4,193 160 Therapeutic Recreation 268 161 Oak Point Pool 520 162 Arts 968 163 Outdoor Center 1,845 164 Park Rental Facilities 107 180 Police 2,133 183 Emergency Preparedness 171 184 Fire 12,411 186 Inspections 120 200 Engineering 4,687 201 Street Maintenance 22,517 202 Street Lighting 2,921 203 Fleet Services 73,016 204 Equipment Revolving 76,344 301 CDBG 27,308 303 Cemetary Operation 1,325 304 Senior Board 383 309 DWI Forfeiture 1,065 315 Economic Development 649 316 WAFTA 13,654 432 G.O.Improvement Bonds 2006C 4,000 502 Park Development 486,498 503 Utility Improvement 2,712 506 Improvment Bonds 1996 289,370 509 CIP Fund 222,982 511 Construction Fund 654,239 512 CIP Trails 631 515 Fire Station 44 287,583 City of Eden Prairie Council Check Register 12/4/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2561 11,331 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2562 17,061 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2563 88,243 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2564 26,868 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2565 134,449 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2566 11,339 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2567 16,611 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2568 87,543 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2569 1,815 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2570 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Services 2571 82,781 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2572 26,950 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2573 135,036 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 158264 563 COFFMAN DEVELOPMENT SERVICES I Deposits Escrow 158265 240 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 158266 32 CULLIGAN-METRO Other Contracted Services Outdoor Center 158267 500 HENNEPIN COUNTY TREASURER Operating Supplies Planning 158268 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 158269 219 JOHNSON,TODD H Mileage&Parking Park Maintenance 158270 41 LANNS,BONITA Program Fee Trips 158271 546 LORENZ,JOYCE Travel Expense Communication Services 158272 1,144 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 158273 148 MINNESOTA DEPT OF REVENUE Gamishment Withheld General Fund 158274 169 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 158275 654 PETTY CASH Mileage&Parking Water Distribution 158276 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 158277 445 PROP United Way Withheld General Fund 158278 15 ROTO ROOTER SERVICES COMPANY Cash Over/Short General Fund 158279 12 RYLEE,TANYA Program Fee Preschool Events 158280 12 SHETTY,HARI Program Fee Preschool Events 158281 2,736 SPRINT Wireless Subscription Information Technology 158282 800 STS CONSULTANTS LTD Deposits Escrow 158283 127 THANIG,JEFF Mileage&Parking Park Maintenance 158284 435 UNITED WAY United Way Withheld General Fund 158285 130 WALMART COMMUNITY Operating Supplies Fall Skill Development 158286 563 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 158287 255 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire 158288 1,598 ALLDATA Prepaid Expenses General Fund 158289 31 AMERICAN EXPRESS PUBLISHING Dues&Subscriptions Prairie View Liquor Store 158290 48 APPRAISAL INSTITUTE Prepaid Expenses General Fund 158291 1,050 BRINK,PATRICK Travel Expense Communication Services 158292 90 BUSINESS JOURNAL,THE Dues&Subscriptions Assessing 158293 99 COMCAST Cable TV Fire 158294 118 EDEN PRAIRIE HIGH SCHOOL Special Event Fees Teen Programs 158295 5,785 EF JOHNSON Equipment Parts Wireless Communication 158296 113 GIRARD'S BUSINESS SOLUTIONS IN Tuition Reimbursement/School City Clerk 158297 185 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 158298 84 MIDWEST SIGN&SCREEN PRINTING Fire Prevention Supplies Fire 158299 851 MINNESOTA ATHLETIC Clothing&Uniforms Fire 158300 67 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 158301 4,767 MOBILE RADIO ENGINEERING Capital Under$2,000 Wireless Communication 158302 158 MOTOROLA Equipment Repair&Maint Wireless Communication 158303 7 MUNIMADUGU,SRINIVASA Open Fees Pool Operations 158304 150 PLYMOUTH,CITY OF Tuition Reimbursement/School Police 158305 52 POLICE K-9 MAGAZINE Prepaid Expenses General Fund 158306 167 QUINLAN PUBLISHING Prepaid Expenses General Fund 158307 2,524 QWEST Telephone City Hall-CAM 158308 37,836 SKYHAWKS SPORTS ACADEMY INC Instructor Service Camps 158309 6,000 SOUTHWEST CORRIDOR TRANSPORTAT Dues&Subscriptions City Council 158310 2,446 TRANSPORT GRAPHICS Operating Supplies Fire 158311 2,031 VIDEOTRONIX INC Operating Supplies Wireless Communication 158312 71 WORLDPOINT ECC INC Safety Supplies Fire 158313 92,068 XCEL ENERGY Electric Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 158314 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 158315 105 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 158316 2,828 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 158317 7,905 DAY DISTRIBUTING Beer Prairie Village Liquor Store 158318 2,748 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 158319 320 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 158320 468 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 158321 1,724 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 158322 15,910 GRIGGS COOPER&CO Liquor Den Road Liquor Store 158323 1,316 HOHENSTEINS INC Beer Prairie Village Liquor Store 158324 17,832 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 158326 38,459 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 158327 96 MARGRON SKOGLUND WINE IMPORTS, Wine Imported Den Road Liquor Store 158328 8,395 MARK VII Beer Prairie Village Liquor Store 158329 259 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 158330 86 MORAN USA,LLC Misc Taxable Den Road Liquor Store 158331 302 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 158332 2,062 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 158333 7,927 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 158334 786 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 158335 39,816 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 158336 100 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 158337 1,106 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie Village Liquor Store 158338 14,590 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 158339 1,985 US POSTMASTER-HOPKINS Postage Water Accounting 158340 527 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 158341 1,475 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 158342 3,231 WINE MERCHANTS INC Transportation Den Road Liquor Store 158343 171 WINE SOURCE INTERNATIONAL Wine Domestic Den Road Liquor Store 158344 210 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 158345 226 Z WINES USA LLC Wine Imported Den Road Liquor Store 158346 440 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 158347 300 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 158348 180 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 158349 5,382 BEC INC Deposits Escrow 158350 170 BOLD,PAULINE Instructor Service Outdoor Center 158351 446 BUNCH,DENISE H Other Contracted Services Fitness Classes 158352 90 CENTERPOINT ENERGY Gas Water Wells 158353 3,856 CENTURYTEL Telephone Telephone 158354 605 CHILDREN'S TECHNOLOGY Facility Rentals Senior Center Administration 158355 56 DAS,KALLOL AR Utility Water Enterprise Fund 158356 1,869 DASERT LTD Deposits Escrow 158357 195 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 158358 300 FAHEY,LARRY Other Contracted Services Outdoor Center 158359 321 FSH COMMUNICATIONS LLC Telephone Miller Park 158360 457 GE CAPITAL Other Rentals General 158361 199 GIRARD'S BUSINESS SOLUTIONS IN Prepaid Expenses General Fund 158362 26 JACOBSKI,JODY AR Utility Water Enterprise Fund 158363 3,785 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 158364 91 QWEST Telephone Sewer Liftstation 158365 20 SOUTHWEST METRO IAAP Conference Expense Community Development Admin. 158366 1,740 SOUTHWEST METRO TRANSIT Deposits Escrow 158367 18 STATE OF MINNESOTA Operating Supplies Fleet Services 158368 385 WILDER,LOIS Operating Supplies Classes/Programs/Events 158369 2,000 LEBLANC,ERIC Tuition Reimbursement/School Organizational Services 158370 30 MINNESOTA CHAMBER OF COMMERCE Conference Expense Economic Development 158371 35 MN STATE BOARD OF ASSESSORS Licenses&Taxes Assessing 158372 6,308 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 158374 57 AMBOURN,ERIKA Lessons&Classes Pool Lessons 158375 1,951 ANCHOR PAPER COMPANY Office Supplies General 158376 1,829 ARCH WIRELESS Pager&Cell Phone Wireless Communication 158377 233 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 158378 68 BERRY COFFEE COMPANY Safety Supplies Senior Center Operations 158379 2,025 BUCHMAN PLUMBING COMPANY Other Contracted Services Water Distribution 158380 51 CAMUEL,JACKIE AR Utility Water Enterprise Fund 158381 32 CULLIGAN-METRO Other Contracted Services Outdoor Center Check# Amount Vendor/Explanation Account Description Business Unit 158382 97 FEDEX Postage Fire 158383 4,875 GLEN LAKE GOLF Instructor Service Summer Skill Development 158384 32 GOVERNING Dues&Subscriptions Assessing 158385 120 HUTCHINS,BRUCE Licenses&Taxes Inspections-Administration 158386 252 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 158387 171 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 158388 56 NEWPAPER LLC Operating Supplies Reserve 158389 327 OFFICE DEPOT CREDIT PLAN Office Supplies Finance 158390 47 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 158391 100 STAN BANN MUSIC Other Contracted Services Staring Lake Concert 158392 1,716 TH PARKER INC Deposits Escrow 158393 17 UPS Repair&Maint.Supplies Utility Operations-General 158394 22,065 XCEL ENERGY Electric City Hall-CAM 158395 320 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 158396 280 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 158397 100 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 158398 565 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#1 158399 3,672 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 158402 6,434 BIFFS INC Waste Disposal Park Maintenance 158403 2,194 CENTERPOINT ENERGY Gas Water Treatment Plant 158404 12 DANIELSON,DEB Lessons&Classes Oak Point Lessons 158405 324 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 158406 4,000 DORSEY&WHITNEY LLP Bond Issue Costs G.O.Improvement Bonds 2006C 158407 57 FIRESIDE HEARTH&HOME Mechanical Permits General Fund 158408 539 FREY,LYNDELL Mileage&Parking Athletic Programs Admin 158409 904 GE CAPITAL Other Rentals General 158410 40 HICKMAN,JON Instructor Service Outdoor Center 158411 82 KRESS,CARLA Mileage&Parking Senior Center Administration 158412 10,820 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 158413 2,148 METRO SALES INCORPORATED* Other Rentals General 158414 32,225 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 158415 25 MINNESOTA REVENUE Licenses&Taxes Fleet Services 158416 2,131 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 158417 66 PETTY CASH-EPCC Mileage&Parking Community Center Maintenance 158418 370 PETTY CASH-POLICE DEPT Operating Supplies Police 158419 77 PRIORITY COURIER EXPERTS Equipment Repair&Maint Street Maintenance 158420 1,191 QWEST Telephone Sewer Liftstation 158421 3,826 RICHFIELD,CITY OF Autos Public Works 158422 35 STATE OF MINNESOTA Operating Supplies Fleet Services 158423 1,065 TWO HARBORS FEDERAL CREDIT UNI Miscellaneous DWI Forfeiture 158424 4,155 US POSTMASTER-HOPKINS Postage Community Brochure 158425 5 XCEL ENERGY Electric Sewer Liftstation 158426 94 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 158427 6,745 BELLBOY CORPORATION Liquor Den Road Liquor Store 158428 4,896 DAY DISTRIBUTING Beer Prairie Village Liquor Store 158429 3,388 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 158430 64 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 158431 427 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 158432 2,031 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 158433 12,477 GRIGGS COOPER&CO Wine Imported Den Road Liquor Store 158434 12,974 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 158437 23,961 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 158438 359 M.AMUNDSON LLP Beer Prairie Village Liquor Store 158439 11,418 MARK VII Misc Taxable Prairie Village Liquor Store 158440 1,099 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 158441 213 MORAN USA,LLC Misc Taxable Den Road Liquor Store 158442 311 MT GLOBAL LLC Wine Domestic Prairie Village Liquor Store 158443 2,607 NEW FRANCE WINE COMPANY Wine Imported Prairie Village Liquor Store 158444 168 PAT KERNS WINE MERCHANTS Wine Domestic Den Road Liquor Store 158445 5,399 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 158446 10,410 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 158447 280 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 158449 32 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 158450 417 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie Village Liquor Store 158451 9,869 THORPE DISTRIBUTING Beer Prairie View Liquor Store 158452 450 VINOCOPIA Wine Domestic Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 158453 788 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 158454 2,192 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 158455 2,385 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 158456 2,482 HENNEPIN COUNTY TREASURER-TARP Miscellaneous City Ctr-Tenant Direct Costs 158457 1,144 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 158458 171 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 158459 623,416 NORTHWEST ASPHALT Improvement Contracts Construction Fund 158460 298 PETTY CASH-CARLA KRESS Safety Supplies Senior Center Operations 158461 92 PRIOR WINE COMPANY Transportation Den Road Liquor Store 158462 16,853 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 158463 271 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 158464 33 ZIEGLER INC Equipment Repair&Maint Water Treatment Plant 158465 12,720 ITTNER,FRANCIS E Other Contracted Services Rehab 158466 1,416 BEARMAN,WILLIAM J AND CLAUDIA Miscellaneous Improvement Projects 1996 158467 500 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow 158468 2,353 DUDYCHA,JR,DONALD J Other Contracted Services Rehab 158469 87 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 158470 50 GOVERNMENT FINANCE OFFICERS AS Prepaid Expenses General Fund 158471 476 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 158472 92 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 158473 491 LANZI,BOB Mileage&Parking Ice Arena 158474 103,216 LEAGUE MN CITIES INS TRUST Prepaid Expenses General Fund 158475 55 MEDICINE LAKE TOURS Special Event Fees Trips 158476 23 MENARDS Operating Supplies Youth Programs Administration 158477 2,280 MINNESOTA ASPHALT CORPORATION Other Contracted Services Rehab 158478 76 PETTY CASH-EPCC Mileage&Parking Community Center Admin 158479 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 158480 1,575 TIETZ,BRADLEY Other Contracted Services Rehab 158481 20 TRUTNA,TONI Program Fee Red Hat 158482 84 VANDENBERGHE,MARK Repair&Maint.Supplies Wireless Communication 158483 8 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 158484 277 WESTSIDE EQUIPMENT Equipment Testing/Cert. Fleet Services 158485 110 WILDER,LOIS Other Contracted Services Classes/Programs/Events 158486 3,633 XCEL ENERGY Electric Den Road Liquor Store 158487 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 158488 6,185 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 158489 370 CAT&FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store 158490 8,860 DAY DISTRIBUTING Beer Den Road Liquor Store 158491 828 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 158492 128 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 158493 654 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 158494 533 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 158495 9,863 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 158496 1,375 HOHENSTEINS INC Beer Prairie View Liquor Store 158497 7,366 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 158499 32,095 JOHNSON BROTHERS LIQUOR CO Misc Taxable Prairie Village Liquor Store 158500 133 MARGRON SKOGLUND WINE IMPORTS, Wine Imported Den Road Liquor Store 158501 8,324 MARK VII Beer Den Road Liquor Store 158502 230 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 158503 516 MORAN USA,LLC Misc Taxable Den Road Liquor Store 158504 2,740 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 158505 15,352 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 158506 438 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 158507 12,471 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 158508 284 SALUD AMERICA INC Wine Imported Den Road Liquor Store 158509 259 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 15,8510 396 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 158511 28,298 THORPE DISTRIBUTING Beer Prairie View Liquor Store 158512 203 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 158513 1,969 WINE COMPANY,THE Wine Imported Den Road Liquor Store 158514 1,756 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 158515 180 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 158516 1,028 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 158517 470 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 158518 100 BOLD,PAULINE Instructor Service Outdoor Center 158519 135 BRUENING,CHARLOTTE Landscape Materials/Supp Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 158520 6 CHERWITZ,LINDA Events/Admission Fee Teen Programs 158521 1,288 COSTCO Employee Award Organizational Services 158522 46 CULLIGAN BOTTLED WATER Operating Supplies Fire 158523 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 158524 393 EDEN PRAIRIE ROTARY CLUB Miscellaneous Parks Administration 158525 69 ELLIS,ROBERT AR Utility Water Enterprise Fund 158526 27 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire 158527 91 GE CAPITAL Other Rentals General 158528 62 GEIGER,GREG AR Utility Water Enterprise Fund 158529 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 158530 171 GINA MARIAS INC Operating Supplies Emergency Preparedness 158531' 110 HENNEPIN COUNTY TREASURER Operating Supplies Planning 158532 150 HENNEPIN COUNTY TREASURER Conference Expense Engineering 158533 831 ICE SKATING INSTITUTE Operating Supplies Ice Arena 158534 52 MERLINS ACE HARDWARE Supplies-HVAC Community Center Maintenance 158535 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 158536 2,900 MIDWEST PLAYSCAPES Other Assets Parks Referendum 158537 18 MINDT,SHANNON Lessons&Classes Oak Point Lessons 158538 79 MOTOROLA Equipment Repair&Maint Wireless Communication 158539 143 OKERBERG,JAMES&YVONNE AR Utility Water Enterprise Fund 158540 8,628 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 158541 7,570 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 158542 1,375 PUBLIC AGENCY TRAINING COUNCIL Tuition Reimbursement/School Fire 158543 104 RADIO TECHNOLOGY INC Small Tools Fire 158544 63 RYLEE,TANYA Lessons&Classes Oak Point Lessons 158545 355 SCOTT COUNTY Deposits Escrow 158546 270 SPORTS UNLIMITED Instructor Service After School Programs 158547 22 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 158548 18 STATE OF MINNESOTA Operating Supplies Fleet Services 158549 45 UPS Postage Fire 158550 27 W GORDON SMITH COMPANY,THE Lubricants&Additives Fleet Services 158551 715 XCEL ENERGY Electric Traffic Signals 158552 195 AFFOLTER,DONALD Wages No Benefits Elections 158553 153 ALBERTS,DALE A Wages No Benefits Elections 158554 48 AMES,JOHN Wages No Benefits Elections 158555 363 AMUNDSON,LONDA Wages No Benefits Elections 158556 140 ANDERSON,BETTY J Wages No Benefits Elections 158557 158 ANDERSON,DAVID C Wages No Benefits Elections 158559 193 ANDERSON,ELIZABETH C Wages No Benefits Elections 158560 158 ANDERSON,JANELLE Wages No Benefits Elections 158561 149 ANDERSON,KENNETH Wages No Benefits Elections 158562 162 ANDERSON,SHARON L Wages No Benefits Elections 158563 72 ANDRS,KAREN Wages No Benefits Elections 158564 178 AUTIO,NANCY J Wages No Benefits Elections 158565 209 BAKER,LISA SMITH Wages No Benefits Elections 158566 113 BANCROFT,DIANE Wages No Benefits Elections 158567 204 BARTOLETT,JUDITH Wages No Benefits Elections 158568 80 BAUMAN,RACHEL Wages No Benefits Elections 158569 239 BEAUVAIS,BERNADINE Wages No Benefits Elections 158570 97 BECHTHOLD,DONNA Wages No Benefits Elections 158571 158 BECKMANN,GERALDINE Wages No Benefits Elections 158572 72 BECKWITH,JOHN R Wages No Benefits Elections 158573 84 BENSON,KELLY Wages No Benefits Elections 158574 90 BERG,KENNETH E Wages No Benefits Elections 158575 153 BERNTSEN,FLOYD Wages No Benefits Elections 158576 153 BIERMAIER,MICHAEL S Wages No Benefits Elections 158577 80 BJORKLUND,KATE Wages No Benefits Elections 158578 95 BLACKARD,LOUISE Wages No Benefits Elections 158579 80 BLAKELY,PAUL Wages No Benefits Elections 158580 99 BOATMAN,LESTER Wages No Benefits Elections 158581 90 BODE,JOHN H Wages No Benefits Elections 158582 90 BOE,HOLLY Wages No Benefits Elections 158583 144 BOLAND,JANET M Wages No Benefits Elections 158584 193 BOLLWEG,NANCY Wages No Benefits Elections 158585 81 BOZANICH,STACEY Wages No Benefits Elections 158586 77 BRENNER,KATHRYN Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 158587 80 BRESTOVANSKY,MEGHANN Wages No Benefits Elections 158588 158 BRITT,DIANA Wages No Benefits Elections 158589 90 BRUNNER,BRUCE Wages No Benefits Elections 158590 171 BRYNDAL,MARY ANNE Wages No Benefits Elections 158591 158 BUDKE,C GEORGE Wages No Benefits Elections 158592 74 BUMP,BRITTANY Wages No Benefits Elections 158593 80 BURKHARDT,TYLER Wages No Benefits Elections 158594 176 BYERS,JOYCE Wages No Benefits Elections 158595 176 CABA,DOROTHY Wages No Benefits Elections 158596 90 CANAKES,EILEEN Wages No Benefits Elections 158597 153 CANTIN,RODNEY Wages No Benefits Elections 158598 72 CARL,KAREN Wages No Benefits Elections 158599 90 CARLSON,JOHN R Wages No Benefits Elections 158600 149 CHEVALIER,JEANNE Wages No Benefits Elections 158601 81 CHRISTENSON,COURTNEY Wages No Benefits Elections 158602 84 CHRISTENSON,JORNA Wages No Benefits Elections 158603 80 CHRYST,EMILY Wages No Benefits Elections 158604 142 CLARK,BETTY Wages No Benefits Elections 158605 162 CLARK,JAMES G Wages No Benefits Elections 158606 80 CLARK,MEGAN Wages No Benefits Elections 158607 72 CLAUS,CARRIE Wages No Benefits Elections 158608 162 CLINTON,BARBARA Wages No Benefits Elections 158609 151 CONBOY,NANCY Wages No Benefits Elections 158610 144 CONLEY,JOYCE Wages No Benefits Elections 158611 59 CONNORS,MARGE Wages No Benefits Elections 158612 185 CONNORS,PETE Wages No Benefits Elections 158613 63 COURT,ARNOLD Wages No Benefits Elections 158614 80 CRAINE,TATIANA Wages No Benefits Elections 158615 90 CRICHTON,DANNY Wages No Benefits Elections 158616 64 CRIST,ANNA Wages No Benefits Elections 158617 81 CROSBY,JOYCE Wages No Benefits Elections 158618 90 CZIOK,LAUREN Wages No Benefits Elections 158619 90 DAHLAGER,KENNETH Wages No Benefits Elections 158620 72 DAHLAGER,SONJA Wages No Benefits Elections 158621 162 DAKAY,JAYNE Wages No Benefits Elections 158622 72 DALY,JANE Wages No Benefits Elections 158623 80 DATHAN,ANUPAMA Wages No Benefits Elections 158624 162 DAVIS,MARY B Wages No Benefits Elections 158625 180 DAWE,ROBIN Wages No Benefits Elections 158626 90 DEZENSKI,SUSAN Wages No Benefits Elections 158627 193 DIEDE,MIKE Wages No Benefits Elections 158628 158 DILLING,LORRAINE Wages No Benefits Elections 158629 56 DODD,GLENN Wages No Benefits Elections 158630 74 DORR GRETCHEN Wages No Benefits Elections 158631 153 DOYLE,HELEN Wages No Benefits Elections 158632 140 DUFFY,JOHN Wages No Benefits Elections 158633 153 DUVICK,LOIS Wages No Benefits Elections 158634 149 ECKHARDT,GARY Wages No Benefits Elections 158635 198 EGGEBRECHT,WANDA Wages No Benefits Elections 158636 165 EIDE,JANE Wages No Benefits Elections 158637 72 ELLIOTT,YING Wages No Benefits Elections 158638 144 ELLISON,CAROL E Wages No Benefits Elections 158639 90 ELLISON,LORETTA M Wages No Benefits Elections 158640 72 ENGELSTAD,CALVIN Wages No Benefits Elections 158641 150 FABER,LINDA Wages No Benefits Elections 158642 72 FLAVIN.MARILYN Wages No Benefits Elections 158643 167 FORD,RICHARD G Wages No Benefits Elections 158644 76 FOREMAN,MICHAEL Wages No Benefits Elections 158645 167 FRANTZ,DIANNE Wages No Benefits Elections 158646 144 GABBERT,BARBARA Wages No Benefits Elections 158647 220 GARST,RUTH Wages No Benefits Elections 158648 77 GATES,S14ARON Wages No Benefits Elections 158649 261 GILBERT,GORDON Wages No Benefits Elections 158650 200 GILBERT,JUNE Wages No Benefits Elections 158651 97 GILDERHUS,VIRGINIA Wages No Benefits Elections 158652 140 GJERSVIK,CAROL Wages No Benefits Elections Check# Amqunt Vendor/Explanation Account Description Business Unit 158653 72 GOLDMAN,KRISTINE Wages No Benefits Elections 158654 86 GORMAN,ROBERTA Wages No Benefits Elections 158655 80 GOTHAM,SAM Wages No Benefits Elections 158656 90 GRANDE,CARL Wages No Benefits Elections 158657 90 GRANDELIS,ALEXANDRA Wages No Benefits Elections 158658 30 GREGOIRE,DAVID Wages No Benefits Elections 158659 176 GRUSSING,ARLYN Wages No Benefits Elections 158660 72 HANSEN,FEIONA Wages No Benefits Elections 158661 175 HANSEN,KERMIT P Wages No Benefits Elections 158662 162 HANSEN,MATTHEW D Wages No Benefits Elections 158663 72 HANSON,JUNE Wages No Benefits Elections 158664 72 HANSON,KATHERINE Wages No Benefits Elections 158665 72 HANSON,RUSSELL W Wages No Benefits Elections 158666 90 HANSON.DONALD F Wages No Benefits Elections 158667 72 HARRIS,KARIN M Wages No Benefits Elections 158668 104 HARRIS,MARCY Wages No Benefits Elections 158669 170 HAWKINS,GLENDA Wages No Benefits Elections 158670 80 HECK,JENNY Wages No Benefits Elections 158671 149 HEDBERG,SUSAN Wages No Benefits Elections 158672 90 HEINRICH,JACQUELINE Wages No Benefits Elections 158673 72 HIGGINS,ROBERT Wages No Benefits Elections 158674 240 HILK,ROSEMARIE Wages No Benefits Elections 158675 190 HOLLINGSWORTH,KAREN Wages No Benefits Elections 158676 149 HOOD,CHARLOTTE Wages No Benefits Elections 158677 108 HOWDEN,ARLENE Wages No Benefits Elections 158678 81 HUDSPETH-DODD,HELEN Wages No Benefits Elections 158679 250 ISMAIL,ISMAIL A Wages No Benefits Elections 158680 80 JOHNSON,DOMINIC Wages No Benefits Elections 158681 80 JOHNSON,KYLE Wages No Benefits Elections 158682 72 JOHNSON,TRACY L Wages No Benefits Elections 158683 144 JUSTUS,GORDON Wages No Benefits Elections 158684 90 KADIESKY,JANICE Wages No Benefits Elections 158685 72 KAMPHOFF,JILL Wages No Benefits Elections 158686 80 KARNER,KEVIN Wages No Benefits Elections 158687 90 KEIBLER,TRACY Wages No Benefits Elections 158688 95 KELLY,J ROBERT Wages No Benefits Elections 158689 72 KINGHORN,KATHY Wages No Benefits Elections 158690 149 KISTLE,BARBARA Wages No Benefits Elections 158691 80 KLEMP,SARA Wages No Benefits Elections 158692 158 KLEVEN,GRACE Wages No Benefits Elections 158693 90 KLOTH,DOREEN Wages No Benefits Elections 158694 79 KRAUSE,DOLORES Wages No Benefits Elections 158695 325 KUCK BONNIE VEVERKA Wages No Benefits Elections 158696 144 KUMPULA,RALPH Wages No Benefits Elections 158697 151 LAFRENZ,JODEEN Wages No Benefits Elections 158698 117 LAMPI,KAREN Wages No Benefits Elections 158699 144 LAURENCE,JUDI Wages No Benefits Elections 158700 90 LEGLER,HERBERT Wages No Benefits Elections 158701 86 LEGLER,MARILYN Wages No Benefits Elections 158702 80 LENHARD,MADELYN Wages No Benefits Elections 158703 158 LENHART,NANCY Wages No Benefits Elections 158704 72 LEVI-MCLOUDEN,GAYLE Wages No Benefits Elections 158705 77 LHOTKA,LORI Wages No Benefits Elections 158706 195 LINAK,JAMES Wages No Benefits Elections 158707 149 LITTLE,NANCY Wages No Benefits Elections 158708 80 LOCHER,LISA Wages No Benefits Elections 158709 176 LOCHER,SUSAN Wages No Benefits Elections 158710 90 LOOMIS,MAJORIE Wages No Benefits Elections 158711 80 LUKENS,CLAIRE Wages No Benefits Elections 158712 153 MACDONALD,ELAINE Wages No Benefits Elections 158713 90 MACKMILLER,MARTHA Wages No Benefits Elections 158714 104 MACMILLAN,GENEVA Wages No Benefits Elections 158715 151 MADDY,VICKI A Wages No Benefits Elections 158716 153 MAJERUS,GEORGIA Wages No Benefits Elections 158717 72 MALLO,JOHN E Wages No Benefits Elections 158718 151 MARTINSON,LYDIA Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 158719 80 MARLYN,JAMES Wages No Benefits Elections 158720 158 MATTHEIS,DUANE Wages No Benefits Elections 158721 90 MCCARTHY,BARBARA Wages No Benefits Elections 158722 144 MCKELVEY,MARY Wages No Benefits Elections 158723 162 MCKLOSKEY,JUDY Wages No Benefits Elections 158724 88 MCMONIGAL,KYLE Wages No Benefits Elections 158725 171 MEACHAM,ANN Wages No Benefits Elections 158726 90 MEESE,MARILYN Wages No Benefits Elections 158727 72 MEISSNER,LOIS A. Wages No Benefits Elections 158728 95 MERRIMAN,FRANCIS Wages No Benefits Elections 158729 144 MERTZ,CYNTHIA Wages No Benefits Elections 158730 72 MEUWISSEN,ANDREW Wages No Benefits Elections 158731 215 MILLBERG,CHUCK Wages No Benefits Elections 158732 72 MILLER,JAMES W. Wages No Benefits Elections 158733 153 MILLER,THERESE Wages No Benefits Elections 158734 167 MINTER,DONNA LEE Wages No Benefits Elections 158735 149 MONSON,CLARENCE Wages No Benefits Elections 158736 80 MORRISON,KATIE Wages No Benefits Elections 158737 140 MORSHARE,ROBERT N Wages No Benefits Elections 158738 72 MOSER,ANTHONY Wages No Benefits Elections 158739 158 MOSER BERNADINE Wages No Benefits Elections 158740 72 MUNSON,LOIS Wages No Benefits Elections 158741 90 MURRAY,MARY SUE Wages No Benefits Elections 158742 90 MYERS,JEAN Wages No Benefits Elections 158743 128 NELSON,CAROLINE Wages No Benefits Elections 158744 72 NELSON,DONALD A Wages No Benefits Elections 158745 167 NESS,MARY D. Wages No Benefits Elections 158746 171 NIERMAN,MARY Wages No Benefits Elections 158747 149 NIERMAN,PAUL A Wages No Benefits Elections 158748 153 NIPPER,VICTORIA E Wages No Benefits Elections 158749 151 NOMURA,KATHERINE L. Wages No Benefits Elections 158750 144 NONDORF,RICK Wages No Benefits Elections 158751 162 NORDQUIST,BECKY Wages No Benefits Elections 158752 195 NORMAN,KAREN Wages No Benefits Elections 158753 149 O'LEARY,JOAN Wages No Benefits Elections 158754 54 OFTELIE,SUE Wages No Benefits Elections 158755 81 OLSON,ALAN K Wages No Benefits Elections 158756 90 OLSON,GREG Wages No Benefits Elections 158757 151 OSTENSON,JACKIE Wages No Benefits Elections 158758 90 OSTERGAARD,JANE Wages No Benefits Elections 158759 153 OTIS,RUTH Wages No Benefits Elections 158760 80 PEDERSON,KRISTINE Wages No Benefits Elections 158761 153 PELLAR-PRICE,VICKI Wages No Benefits Elections 158762 90 PELTON,DEAN Wages No Benefits Elections 158763 80 PESCH,JOSEPH Wages No Benefits Elections 158764 204 PETERS,JOHN T Wages No Benefits Elections 158765 95 PETERSON,GERALDINE J Wages No Benefits Elections 158766 90 PHILIPS,LAURA Wages No Benefits Elections 158767 144 POLING,CHERYL Wages No Benefits Elections 158768 144 PRALLE,KAY Wages No Benefits Elections 158769 64 PRATT,SUSAN L. Wages No Benefits Elections 158770 68 PROOPS,RICHARD Wages No Benefits Elections 158771 153 RAITCH,NORMA Wages No Benefits Elections 158772 80 RAMAN,PRASAD Wages No Benefits Elections 158773 204 RANNOW,JIM Wages No Benefits Elections 158774 95 REDFIELD,ALEXA Wages No Benefits Elections 158775 72 RENK,BERNARD J Wages No Benefits Elections 158776 175 RISCHMILLER,DAWN Wages No Benefits Elections 158777 104 ROGERS,KAREN Wages No Benefits Elections 158778 144 ROSCHEN,JOHN Wages No Benefits Elections 158779 80 ROSE,JUSTIN Wages No Benefits Elections 158780 171 ROSE,KYLE Wages No Benefits Elections 158781 153 RUGGLES,DY-ANNA Wages No Benefits Elections 158782 72 RUMMEL,ROSA Wages No Benefits Elections 158783 80 SAXTON,HEIDI Wages No Benefits Elections 158784 90 SCHAPER,JR,ROLAND R Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 158785 72 SCHLEICHER,LAVERNE Wages No Benefits Elections 158786 59 SCHNEIDER,GEORGE W Wages No Benefits Elections 158787 99 SCHNEIDER,LAURA Wages No Benefits Elections 158788 74 SCHROEDER,NORA Wages No Benefits Elections 158789 72 SCHWOB,DONNA Wages No Benefits Elections 158790 187 SHOLD,DAVID P Wages No Benefits Elections 158791 185 SHOLD,GLENNA Wages No Benefits Elections 158792 132 SHONTS,STEVEN Wages No Benefits Elections 158793 68 SHUMATE SANDRA Wages No Benefits Elections 158794 72 SIMENSON,GLADYS Wages No Benefits Elections 158795 80 SIT,TYLER Wages No Benefits Elections 158796 162 SLATOR,PATRICK Wages No Benefits Elections 158797 99 SMITH,GLORIA Wages No Benefits Elections 158798 80 SMITH,JULIE Wages No Benefits Elections 158799 170 STARR,BRAD R Wages No Benefits Elections 158800 144 STEIN,THOMAS Wages No Benefits Elections 158801 72 STENSWICK,V BRUCE Wages No Benefits Elections 158802 171 STEWART,DOUGLAS Wages No Benefits Elections 158803 90 STEWART,SUSAN Wages No Benefits Elections 158804 146 SUNDELL,PAUL Wages No Benefits Elections 158805 167 SWANSON,RICHARD A Wages No Benefits Elections 158806 72 SWITZER,MARILYN Wages No Benefits Elections 158807 72 TAGGATZ,ELEANOR M Wages No Benefits Elections 158808 226 THIELMAN,LEAANN Wages No Benefits Elections 158809 72 THOMPSON,GERALD Wages No Benefits Elections 158810 72 THOMPSON,JANE Wages No Benefits Elections 158811 255 THOMPSON,NANCY J Wages No Benefits Elections 158812 80 TKACH,GEORGE (NON A-7) Wages No Benefits Elections 158813 162 TORNOE,JACQUELINE Wages No Benefits Elections 158814 140 TOSKEY,JULIE Wages No Benefits Elections 158815 180 TRAUGHBER,KRISTIN Wages No Benefits Elections 158816 101 TYNER,PAMELA Wages No Benefits Elections 158817 162 TYNER,WARREN JOSEPH Wages No Benefits Elections 158818 144 USHER,RANDI Wages No Benefits Elections 158819 144 VAN REMORTEL,JO M Wages No Benefits Elections 158820 144 VAVRECK,JUNE Wages No Benefits Elections 158821 198 VICKMAN,KAREN Wages No Benefits Elections 158822 80 VILENDRER,STEPHANIE Wages No Benefits Elections 158823 72 VINELLA,FRANK Wages No Benefits Elections 158824 90 VINSON,CHERYL Wages No Benefits Elections 158825 167 VOGEL,MARY Wages No Benefits Elections 158826 171 VOORHEES,MARK Wages No Benefits Elections 158827 77 WACH,CAROL Wages No Benefits Elections 158828 162 WAGNER,EVELYN Wages No Benefits Elections 158829 90 WALKER,LYNN Wages No Benefits Elections 158830 178 WEAVER,LAUREN Wages No Benefits Elections 158831 167 WESTREM,MARY Wages No Benefits Elections 158832 95 WIKLUND,JEAN Wages No Benefits Elections 158833 144 WILLIAMSON,MARGARET Wages No Benefits Elections 158834 90 WILSON,JAMES Wages No Benefits Elections 158835 151 WILSON,JOANNE M Wages No Benefits Elections 158836 68 WISSNER,MARY JANE Wages No Benefits Elections 158837 144 WITTENBERG,MARIE Wages No Benefits Elections 158838 167 WITTICH,JANE Wages No Benefits Elections 158839 72 WOODROW,MORGAN Wages No Benefits Elections 158840 108 WUTTKE,NORMA Wages No Benefits Elections 158841 99 WUTT KE,TRAMS Wages No Benefits Elections 158842 140 ZIEMER,BARBARA Wages No Benefits Elections 158843 149 GROTH,MAUREEN Wages No Benefits Elections 158844 4,272 ASHLEY FURNITURE Capital Under$2,000 Park Acquisition&Development 158845 34 DISH NETWORK Cable TV Community Center Admin 158846 50 ECOLAB INC Contract Svcs-Pest Control Fire Station#3 158847 746 ESCHELON TELECOM INC Operating Supplies Senior Center 158848 356 GREATAMERICA LEASING CORP. Other Rentals General 158849 172,110 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 158850 1,193 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Park Shelters Check# Amount Vendor/Explanation Account Description Business Unit 158851, 80 JETER,KARA Training Supplies Fitness Classes 158852 120 MINNEAPOLIS AREA ASSOC OF REAL Prepaid Expenses General Fund 158853 807 PARK NICOLLET CLINIC Other Contracted Services Risk Management 158854 19 QUICKSILVER EXPRESS COURIER Postage Parks Administration 158855 209 SNAP-ON TOOLS Small Tools Water Treatment Plant 158856 83 XCEL ENERGY Electric Traffic Signals 158857 3,725 YALE MECHANICAL INC Contract Svcs-HVAC Fire Station#1 158860 19,151 CENTERPOINT ENERGY SERVICES IN Gas Community Center Maintenance 158861 110 CROWELL,RICHARD F Other Contracted Services Basketball 158862 245 DIETZ,EUGENE Prepaid Expenses General Fund 158863 418 DOYLE,AARON N Other Contracted Services Softball 158864 428 ESBENSEN,GEORGE Conference Expense Fire 158865 288 GUSTAD,MARK Miscellaneous Information Technology 158866 84 HAMMERS,SARAH Other Contracted Services Volleyball 158867 500 HEMKER WILDLIFE PARK Other Contracted Services Cummins House Special Events 158868 252 HENRY,PAUL Other Contracted Services Volleyball 158869 63 HOLMES,DAVE Other Contracted Services Basketball 158870 446 HOLMES,TOM Other Contracted Services Volleyball 158871 5 JOHNSON,ANNE Program Fee Outdoor Center 158872 37 KRAEMERS HARDWARE INC Cleaning Supplies Utility Operations-General 158873 11 MILLBERG,KATHLEEN Wages No Benefits Elections 158874 1,200 MINNESOTA DEPARTMENT OF LABOR Training Supplies Police 158875 110 MURPHY,TONY M Other Contracted Services Basketball 158876 656 NEUMANN,NEAL Other Contracted Services Softball 158877 34 NNDC/NCDC Prepaid Expenses Water Enterprise Fund 158878 19 NORTHERN TOOL Operating Supplies Street Maintenance 158879 23 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 158880 125 QWEST Telephone Sewer Liftstation 158881 625 RAY,LEE Other Contracted Services Basketball 158882 330 REID,DEVIN M Other Contracted Services Basketball 158883 10 RICHFIELD,CITY OF Operating Supplies Fleet Services 158884 318 RUMFORD,JOAN Special Event Fees Red Hat 158885 122 STAAF,CARTER Operating Supplies Reserves 158886 120 STOCKWELL,WENDELL Prepaid Expenses General Fund 158887 68 VERIZON WIRELESS Pager&Cell Phone Fleet Services 158888 14 WELD&SON'S PLUMBING Cash Over/Short General Fund 158889 100 WERTS,SANDY Petty Cash&Change Funds General Fund 158890 215 WONDERWEAVERS Other Contracted Services Cummins House Special Events 158891 125 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 158892 120 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 158893 4,573 BELLBOY CORPORATION Transportation Den Road Liquor Store 158894 112 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 158895 6,046 DAY DISTRIBUTING Beer Prairie Village Liquor Store 158896 96 DTM DISTRIBUTING INC Mise Taxable Prairie View Liquor Store 158897 2,143 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 158898 128 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 158899 1,049 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 158900 17,515 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 158901 60 HOHENSTEINS INC Beer Den Road Liquor Store 158902 19,305 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 158903 24,505 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 158904 326 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 158905 7,860 MARK VII Beer Prairie View Liquor Store 158906 753 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 158907 524 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 158908 4,288 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 158909 67 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 158910 12,533 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 158911 543 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 158912 12,160 QUALITY WINE&SPIRITS CO Wine Imported Prairie View Liquor Store 138913 39 RUSSELL&MILLER,INC Operating Supplies Den Road Liquor Store 158914 128 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 158915 703 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 158916 9,589 THORPE DISTRIBUTING Beer Den Road Liquor Store 158917 226 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 158918 260 VINOCOPIA Wine Domestic Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 158919 96 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 158920 1,740 WINE COMPANY,.THE Wine Imported Prairie Village Liquor Store 158921 622 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 158922 58 A TO Z RENTAL CENTER Operating Supplies Park Maintenance 158923 2,145 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 158924 400 ACCTA,INC Chemicals Water Treatment Plant 158925 27 ACT ELECTRONICS INC Equipment Repair&Maint Traffic Signals 158926 530 AL'S COFFEE Merchandise for Resale Concessions 158927 10,539 ALBECK GERKEN INC Design&Engineering Construction Fund 158928 1,545 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 158929 1,464 AMERICAN ENGINEERING TESTING I Improvements to Land Capital Impr./Maint.Fund 158930 95 AMERICAN FLAGPOLE AND FLAG-CO Contract Svcs-General Bldg Fire Station#1 158931 748 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Services 158932 1,204 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 158933 1,260 ANCHOR PRINTING COMPANY Printing Senior Center Administration 158934 368 AOI ELECTRICAL INC Equipment Parts Fleet Services 158935 25 APPLIANCE OUTLET CENTER Fire Prevention Supplies Fire 158936 75 AQUA ENGINEERING INC Operating Supplies Street Maintenance 158937 16,853 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services 158938 116,253 AUDIOVISUAL INC Video&Photo Supplies Communication Services 158939 1,715 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maint. Prairie Village Liquor Store 158940 126 BATTERIES PLUS Supplies-General Bldg City Hall-CAM 158941 1,504 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 158942 1,083 BECKER ARENA PRODUCTS INC Advertising Park Acquisition&Development 158943 36 BERRY COFFEE COMPANY Safety Supplies Senior Center Operations 158944 1,438 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 158945 758 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Fire Station#1 158946 889 BOYER TRUCKS Equipment Parts Fleet Services 158947 5,508 BRAUER AND ASSOCIATES LTD Improvement Contracts Park Acquisition&Development 158948 1,795 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 158949 307 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals 158950 5,299 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 158951 250 BUCK,BRENT Other Contracted Services Basketball 158952 250 BUCK,JEFFERY Other Contracted Services Basketball 158953 1,695 BUCK,NATHAN Other Contracted Services Volleyball 158954 1,287 CAMPBELL KNUTSON,P.A. Legal WAFTA 158955 16,046 CANADA GOOSE PROGRAM,THE Other Contracted Services Storm Drainage 158956 38 CATCO PARTS SERVICE Equipment Parts Fleet Services 158957 1,004 CDW GOVERNMENT INC. Miscellaneous Information Technology 158958 1,453 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 158959 427 CHANTICLEAR PIZZA Operating Supplies Fire 158960 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store 158961 808 CLAREYS INC Office Supplies General 158962 278,383 CM CONSTRUCTION COMPANY INC. Building Fire Station#4 158963 16,949 COMMISSIONER OF TRANSPORTATION Improvement Contracts Improvement Projects 2006 158964 308 COMPAR INC Other Hardware Capital Impr./Maint.Fund 158965 147 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC Garden Room Repairs 158967 2,479 CORPORATE EXPRESS Office Supplies General 158968 940 CRUISERS Equipment Parts Fleet Services 158969 11,114 CRYSTEEL TRUCK EQUIPMENT INC Machinery&Equipment Water Distribution 158970 440 CURTIS 1000 INC Office Supplies General 158971 65,193 CUSTOM MANUFACTURING INC Improvements to Land Park Acquisition&Development 158972 7,162 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 158973 141 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 158974 564 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations-General 158975 339 DELAHOUSSAYE,SUZANNE Other Contracted Services Rehab 158976 71,437 DELANO ERICKSON ARCHITECTS Building Park Acquisition&Development 158977 45 DELEGARD TOOL CO Small Tools Fleet Services 158978 2,288 DELL Other Hardware Information Technology 158979 500 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 158980 375 DIPPIN DOTS Merchandise for Resale Concessions 158981 86 DISNEY EDUCATIONAL PRODUCTIONS Operating Supplies Fire 158982 129 DISPLAY SALES Supplies-General Bldg Fire Station#2 158983 28,194 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center 158984 252 DNR Clothing Basketball 158985 714 DOHERTY,SANDRA L Other Contracted Services Volleyball Check# Amount Vendor/Explanation Account Description Business Unit 158986 11,246 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 158987 829 EAGLE DRY GOODS Miscellaneous Communication Services 158988 92 EARL F ANDERSEN INC Operating Supplies Park Maintenance 158989 1,071 ECOLAB INC Contract Svcs-Pest Control Utility Operations-General 158990 1,208 EF JOHNSON Equipment Parts Wireless Communication 158991 70 EGAN OIL COMPANY Equipment Parts Fleet Services 158992 463 EHLERS&ASSOCIATES INC Other Contracted Services Economic Development 158993 88 ELECTRIC MOTOR REPAIR INC Contract Svcs-HVAC City Hall-CAM 158994 5,438 ELECTRIC PUMP Equipment Repair&Maint Water Treatment Plant 158995 341 ELVIN SAFETY SUPPLY INC Repair&Maint.Supplies Fire 158996 975 FABRI-TOP INC Other Contracted Services Rehab 158997 267 FACTORY MOTOR PARTS COMPANY Safety Supplies Fleet Services 158998 79 FASTENAL COMPANY Improvements to Land Capital Impr./Maint.Fund 158999 31 FERRELLGAS Lubricants&Additives Fleet Services 159000 288 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire 159001 186 FIRE SAFETY USA INC Small Tools Fire 159002 715 FLAIR FOUNTAINS 02 Other Contracted Services Purgatory Creek Rec Area 159003 2,072 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 159004 336 FORDAHL,TAMARA Other Contracted Services Volleyball 159005 16,451 G&K SERVICES Clothing&Uniforms Fleet Services 159006 830 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 159007 93 GARELICK STEEL CO INC Operating Supplies Street Maintenance 159008 12,367 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA 159009 58 GIRARD'S BUSINESS SOLUTIONS IN Operating Supplies Finance 159010 40 GIRLS ON THE RUN Operating Supplies Fitness Classes 159011 2,050 GRAINGER Repair&Maint.Supplies Water Metering 159012 577 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 159013 166 GREG LARSON SPORTS Recreation Supplies Volleyball 159014 6 GROTH MUSIC Operating Supplies Community Band 159015 96 GS DIRECT Operating Supplies Engineering 159016 110 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 159017 28,464 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 159018 50,158 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 159019 265 HAWK LABELING SYSTEMS Office Supplies Park Maintenance 159020 1,297 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 159021 735 HILLTOP TRAILER SALES INC Building Rental Prairie View Park 159022 62 HOLMES,DAVE Other Contracted Services Basketball 159023 278 HOLMES,TOM Other Contracted Services Volleyball 159024 10,416 HONEYWELL INDUSTRY SOLUTIONS Maintenance Contracts Water Treatment Plant 159025 57 ICI DULUX PAINT CTRS Repair&Maint.Supplies Park Maintenance 159026 5,337 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 159027 441 IND SCHOOL DIST 272 Gym Rental Volleyball 159028 194 INFRATECH Equipment Parts Storm Drainage 159029 357 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 159030 1,706 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells 159031 58,289 ISTATE Autos Public Works 159032 180 ITRON INC. Equipment Repair&Maint Water Metering 159033 1,464 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 159034 84,709 JANSON,JAMES R Improvements to Land Park Acquisition&Development 159035 354 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 159036 1,663 K&H OUTDOORS,INC Other Contracted Services Park Maintenance 159037 892 KEEPERS Clothing&Uniforms Fire 159038 3,613 KJOLHAUG ENVIRONMENTAL SERVICE Improvements to Land Trails Referendum 159039 707 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 159040 979 LAGRANGE,WILLIAM Other Contracted Services Rehab 159041 2,938 LAKE COUNTRY DOOR LLC Contract Svcs—General Bldg Public Works/Parks 159042, 1,113 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 159043 547 LANO EQUIPMENT INC Equipment Parts Fleet Services 159044 230 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 159045 245 LOCATORS&SUPPLIES INC Equipment Parts Fleet Services 159046 166 LOFFLER COMPANIES INC Office Supplies Utility Operations-General 159047 57,373 LOGIS LOGIS Information Technology 159048 2,500 LOUELLEN ESSEX&ASSOCIATES Conference Expense Parks Administration 159049 439 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Services 159050 1,200 MARTIN-MCALLISTER Employment Support Test Fire 159051 13,570 MCFARLAND CONSTRUCTION COMPANY Building Den Road Building Check# Amount Vendor/Explanation Account Description Business Unit 159052 1,039 MENARDS Operating Supplies Street Maintenance 159053 1,767 METRO FIRE Protective Clothing Fire 159054 12 METROPOLITAN FORD Equipment Parts Fleet Services 159055 10,845 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 159056 2,157 MIDWEST DESIGN CO Operating Supplies Engineering 159057 273 MIDWEST OVERHEAD CRANE Equipment Repair&Maint Water Treatment Plant 159058 408 MILLER DUNWIDDIE Other Contracted Services Capital Impr./Maint.Fund 159059 37 MINNESOTA ATHLETIC Operating Supplies Fire 159060 290 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 159061 565 MINNESOTA CONWAY Equipment Repair&Maint Fire 159062 257 MINNESOTA GLOVE INC Safety Supplies Fleet Services 159063 36 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 159064 13 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Homeward Hills Park 159065 245 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 159066 395 NATIONAL ARBOR DAY FOUNDATION, Signs Tree Disease 159067 4,458 NEW TOWN PAINTERS INC Other Contracted Services Rehab 159068 9,761 NORTHWEST ASPHALT Improvements to Land Park Acquisition&Development 159069 49 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 159070 244 NUCO2 INC Chemicals Pool Maintenance 159071 91 OLSEN COMPANIES Equipment Repair&Maint Park Maintenance 159072 200 OWL ENGINEEERING&EMC TEST LA Miscellaneous Information Technology 159073 1,245 PAM OIL INC Equipment Parts Fleet Services 159074 371 PARTEK SUPPLY INC Operating Supplies Street Maintenance 159075 1,099 PEPSI COLA COMPANY Merchandise for Resale Concessions 159076 509 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology 159077 275 POWER SYSTEMS Equipment Parts Fleet Services 159078 12,113 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 159079 287 PRAIRIE OFFSET PRINTING Printing Assessing 159080 136 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 159081 8,514 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 159082 561 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 159083 71 QUALITY WELDING Equipment Repair&Maint Water Treatment Plant 159084 28,494 QUIRING TRUCKING&EXCAVATING Improvements to Land Park Acquisition&Development 159085 550 RED WING SHOE STORE Clothing&Uniforms Park Maintenance 159086 5,784 RESTORATION SYSTEMS INC Building Repair&Maint. Capital Impr./Maint.Fund 159087 27 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 159088 113 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 159089 226,244 RILEY PURGATORY BLUFF CREEK WA Improvement Contracts Park Acquisition&Development 159090 3,381 RUMPCA CO INC Waste Disposal Tree Removal 159091 1,205 SANDS,DAVID J Other Contracted Services Rehab 159092 47 SCHARBER&SONS Equipment Parts Fleet Services 159093 120 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 159094 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 159095 932 SHIELD FIRE PROTECTION INC Building Repair&Maint. Prairie Village Liquor Store 159096 38,331 SHORT ELLIOTT HENDRICKSON INC Process Control Services Infiltration/Inflow Study 159097 161 SHRED-IT Waste Disposal City Center Operations 159098 68,609 SIGNSOURCE Improvements to Land Capital Impr./Maint.Fund 159099 9,603 SM HENTGES&SONS INC Improvement Contracts 212/Charlson Rd.Intersectio 159100 479 SNAP-ON TOOLS Small Tools Fleet Services 159101 225 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof Ice Arena Maintenance 159102 268 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 159103 1,362 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 159104 170 SPIRIT APPAREL&STUFF Operating Supplies Fitness Classes 159105 961 SPS COMPANIES Supplies-Plumbing Community Center Maintenance 159106 11,397 SRF CONSULTING GROUP INC Improvement Contracts Park Acquisition&Development 159107 71 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 159108 714 ST.LOUIS PARK,CITY OF Conference Expense Utility Operations-General 159109 145 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 159110 838 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 159111 446 STEVENS ENGINEERS Building Capital Impr./Maint.Fund 159112 68 STEWART D WALKER INC Supplies-General Bldg Historical Buildings 159113 362 STONEBROOKE Equipment Parts Snow&Ice Control 159114 1,283 STREICHERS Equipment Parts Fleet Services 159115 543 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Services 159116 1,468 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 159117 250 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage Check# Amount Vendor/Explanation Account Description Business Unit 159118 978 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Public Works/Parks 159119 608 SUN NEWSPAPERS Legal Notices Publishing City Clerk 159120 25,401 SUNRAM CONSTRUCTION Improvements to Land Park Acquisition&Development 159121 260 SWEDLUND SEPTIC SERVICES INC Waste Disposal Staring Lake 159122 247 TAHER INC CATERING Other Contracted Services Communication Services 159123 79 TESSMAN SEED CO Equipment Repair&Maint Park Maintenance 159124 268,679 THREE RIVERS CONSTRUCTION Improvement Contracts Improvement Projects 1996 159125 146 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Services 159126 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 159127 253 TOTAL REGISTER Operating Supplies Prairie View Liquor Store 159128 660 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 159129 24,633 TRAILSOURCE LLC Improvements to Land Park Acquisition&Development 159130 247 TRANS ALARM INC Building Repair&Maint. Water Distribution 159131 538 TRANSPORT GRAPHICS Operating Supplies Fire 159132 325 TREES INC Other Contracted Services Street Maintenance 159133 844 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 159134 250 TRUGREEN CHEMLAWN MTKA Other Contracted Services Park Maintenance 159135 6,230 TUSHIE MONTGOMERY ARCHITECTS Building Den Road Building 159136 517 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 159137 945 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Ice Arena Maintenance 159138 1,528 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 159139 11,014 VIRCHOW KRAUSE&COMPANY Software Maintenance Capital Impr./Maint.Fund 159140 564 VOSS LIGHTING Supplies-Electrical Community Center Maintenance 159141 348 VSA INC Video&Photo Supplies Communication Services 159142 85 W P&R S MARS CO Small Tools Fleet Services 159143 16,995 WALL TRENDS INC Contract Svcs-General Bldg Community Center Maintenance 159144 334 WALSER CHRYSLER JEEP Equipment Parts Fleet Services 159145 48 WARNER OUTDOOR EQUIPMENT Equipment Parts Fleet Services 159146 2,203 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 159147 1,871 WATSON CO INC,THE Merchandise for Resale Concessions 159148 114 WAYTEK INC Equipment Parts Fleet Services 159149 106 WEBBER RECREATIONAL DESIGN INC Repair&Maint.Supplies Round Lake 159150 18,062 WENCK ASSOCIATES INC Land Parks Referendum 159151 208 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 159152 3,592 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Community Center Maintenance 159153 188 WIGLEY AND ASSOCIATES Software Information Technology 159154 560 WM MUELLER AND SONS INC Sand Snow&Ice Control 159155 1,661 WORK CONNECTION,THE Other Contracted Services Park Maintenance 159156 13,806 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM 159157 672 ZAHN,GERALD Other Contracted Services Volleyball 4,729,289 Grand Total CITY COUNCIL AGENDA DATE: December 4, 2006 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.A. Community Development/Planning Becker Rezoning—2nd Reading Janet Jeremiah Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on .83 acres. Synopsis This is a rezoning of a single family lot from Rural to R1-13.5 located at 9795 Bluff Road. Background Information No Development Agreement is necessary. The Council is requested to take action on the second reading ordinance. The 120-Day Review Period Expires on February 16, 2007. Attachments 1. Ordinance 2. Summary Ordinance BECKER REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.28-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99, "Violation a Misdemeanor"are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4t'day of December, 2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 4t'day of December, 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on , 2006. BECKER REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.28-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 9795 Bluff Road, from Rural to R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. 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: SECTION: Report of the Parks and Recreation Director December 4, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Robert A.Lambert, Director Parks and Recreation Round Lake Park Athletic Field Lighting Requested Action Move to: Recommend approval of lighting softball field#6 as a part of the Round Lake Park renovation project in 2007. Synopsis Early in 2006,the City Council approved lighting the baseball field adjacent to the Community Center in Round Lake Park. Later in 2006,the City Council authorized relocating that baseball field further to the east in the vicinity of softball field#5 in order to expand parking for the Community Center adjacent to the Community Center,rather than adjacent to County Road 4.As a result of this decision,the City will lose one of the six softball fields at Round Lake Park dedicated for use to the adult softball program. In order to accommodate the number of teams that had used field#5,the City would need to light softball field#6.Funds for this project would be generated from the fees charged to the adult softball teams using the facility. Background Residents within 1,000 feet of the Round Lake Park boundary were notified of this proposed project. A copy of the notice letter sent out on October 11 is attached to this memorandum. A similar letter was sent out to residents regarding the lighting of the baseball field early in 2005.No residents commented on that proposed project. At the November 6,2006 meeting of the Parks,Recreation and Natural Resources Commission no one from the audience requested to speak for or against this request. If approved this project would begin in the spring of 2007 and be completed by fall 2007.The estimated cost for lighting this softball field is $80,000.Revenue generated from the adult softball teams for these types of improvements will pay off that amount in three years. Attachments October 11, 2006 letter to Round Lake Park Neighbors Community Center Preliminary Site and Parking Plan PARKS AND RECREATION October 11,2006 � RE:Round Lake Park—Athletic Field Lighting and Park Revisions Dear Round Lake Park Neighbor, The Parks,Recreation and Natural Resources Commission is scheduled to discuss plans to relocate the baseball field adjacent to the Community Center,easterly to the present f location of the softball field#5,and to add athletic field lighting to softball field#6. Parks,Recreation and Natural Resources Commission oFc s52 949 8300 Monday,November 6,2006 FAX 952 949 8390 7:00 p.m: TDD 952 949 8399 Council Chambers solo Mitohen as City Center Eden Prairie,MN 8080 Mitchell Road 55344-4485 ederWa;rkarg The City staff will be giving a short presentation on the proposed athletic field changes and the light plan to the Commission,and this will be followed by the opportunity for. you as a neighbor to provide feedback regarding the addition of lights to ballfieId#6 and the baseball field Staff is proposing to light the softball field in a manner similar to the current fields#2, #3 and#4.The poles,light fixtures and general layout will be done in a manner similar to that of the current lighting facility.The cost for lighting the softball field will be paid for out of field use fees that are currently paid for by all of the adult teams that utilize the softball fields.No tax dollars would be used for this project. Earlier this year the Council authorized lighting the baseball field that will be relocated just west of the Fire Station.Please review the map on the back of this letter to have a better understanding of what the park will look like after the Community Center expansion and the expansion of the parking lot and relocated field. The current park policy of having the athletic field lights turned off at 10:00 P.M.will continue; and therefore,there would be no changes to the hours of usage of any of the athletic fields at Round Lake Park with this additional lighting. If have any questions regarding this matter,please feel free to give me a call at 952-949-8445. Sincerely, f � Stuart A.Fox. Manager,Parks and Natural Resources Back Side: :. Map of Revised Round Lake Park Plan EDIEN PRA= (c0Iff,0I1ll= CENTER i oo� #6' Fa s 0 oFTBALL ,o Qo� (field to be lighted) iy� }U.O DD 26 AL T NET � w SfTE AC4UlSITION �� 0 I � "` �y Z#�# — ® — N W pARKWG (fie Id-to be lighted) zul uno 0 0 a RELOCATED 0 BASEBALL FIELD � ! Eiii a ? trii C 0 il(l g w NURP (stor nd) O \ 6 VALLY VIEW � a \ Preliminary SITE AND PARKING PLAN r' scntE: Q � l i