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HomeMy WebLinkAboutCity Council - 06/04/1996 AGENDA JOINT CITY COUNCIL/HUMAN RIGHTS & DIVERSITY COMMISSION TUESDAY, JUNE 4, 1996 6:30 PM, CITY CENTER Heritage Room III & IV COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens HUMAN RIGHTS & DIVERSITY COMMISSION MEMBERS: Julie Savoie Wingert, Vladimir Kozyrev, Richard Helzel, Ramon I. Reina, Deborah Yungner, Melissa Bechmann, Gloria Winans, Munna Yasiri, and Student Representatives Joseph Moarefi and Cory Knudtson COUNCIL/COMMISSION STAFF: City Manager Carl J. Jullie, Director of Human Resources & Community Services Natalie Swaggert, and Recording Secretary ROLL CALL I. INTRODUCTIONS II. PRESENTATION/STATUS OF WORK PLAN III. IDENTIFICATION OF ISSUES REQUIRING CITY COUNCIL INPUT IV. CITY COUNCIL FEEDBACK AND DIRECTION VI. ADJOURNMENT HUMAN RIGHTS and DIVERSITY COMMISSION 1996 - 1997 Objectives and Work Plan I. Increase Community Awareness of Human Rights and Diversity The Commission will work to better understand the minority groups that exist within our community, including the economically disadvantaged and people with disabilities. The commission will collaboratively plan and coordinate events to celebrate the work of Dr. Martin Luther King, Jr. and to celebrate diversity in the community. The Commission will look for opportunities to support and work with advisory commissions and community organizations in their activities in the area of cultural diversity (including co-sponsorship of diversity forums with the school district). The Commission will ensure that diversity training is provided for Commission members and City advisory groups and will work to broaden participation and further communicate the Manifesto. Ongoing Activities: A. Human Rights Award: Annually recognize an individual or organization for their efforts in supporting or increasing awareness of Diversity and Human Rights issues in Eden Prairie. B. Youth Scholarship Award: Annually recognize a graduating high school student for their efforts/achievements in furthering the principles of Dr. Martin Luther King, Jr. C. Dr. Martin Luther King,Jr. Celebration: Annually sponsor a special event to commemorate the work of Dr. Martin Luther King, Jr. and celebrate the diversity of our community. D. Diversity Training: Annually coordinate diversity training for all new members of City advisory boards and commissions. E. Communication Plan: Develop and maintain a communication plan to promote diversity and ensure that the Manifesto is a dynamic statement of our community's commitment to diversity. F. "DiverseCity on the Prairie": Annually participate in the City's DiverseCity Event (sponsor table, provide input to Arts Commission on planning). Goals: 1. Revise Youth Scholarship application forms. 2. Implement a Manifesto Communication Plan. 3. Implement a non-traditional student scholarship program. 4. Revise diversity training to incorporate new ideas. 5. Develop plan to enhance student involvement in diversity activities a:hrdc disk Vudc96\objectvs.wpd Rev 5/21/96 Human Rights and Diversity Commission 1996 Proposed Objectives Page 2 II. Provide guidance and support to the City Council and City Staff as required on provisions of the Americans with Disabilities Act. Ongoing Activities A. ADA Compliance: Serve as the City Appeals Board in the Grievance process for ADA concerns. B. City Facilities and Services: The Commission will serve as an advisory resource to the City on recommendations that improve access to City facilities, programs and services. C. N.O.D.: Make recommendations to City Council on representation and provide support to the N.O.D. D. Provide a commission representative to serve on the City's ADA committee. (Annual appointment in March.) Goals: 1. Increase our efforts to support the ADA direction in our community and more closely work with Scott Mork. 2. Add ADA as an element to our diversity training. III. Bias Crime Response/Victim Support The Commission will work with the Police Department to ensure that a community Bias Crime Response Network is maintained and that victims of acts of bias are provided with support. A. Stay informed of bias crime activity within the community. Review information made available by the police department. (Annual meeting date.) B. Send response letter to victim and notify Bias Crime Network coordinator as appropriate. Goals: 1. Increase communications with Bias Crime Network. ahrdc astwdc96 unjxtv..wpd%bmm Rev?/21/96 Human Rights and Diversity Commission 1996 Proposed Objectives Page 3 IV. Ensure that Alternative Dispute Resolution services are available to members of our Community. The Commission will continue to provide resources for alternative dispute resolution at the local level to help resolve problems of discrimination. Goals: 1. Enhance community awareness of West Suburban Mediation's Services. 2. Review role of commission members as ADR mediators. V. Maintain communication with other organizations engaged in activities that promote inclusiveness and embrace diversity within our community. Ongoing Activities A. The Commission will continue to provide a representative to the Housing,Transportation and Social Services Board and support the housing program recommendations. (Annual appointment in March.) B. The Commission will provide a representative to the League of Minnesota Human Rights Commissions. (Annual appointment in March.) C. The Commission will provide a representative to the Pride Institute Advisory Board. (Annual appointment in March.) Goals: 1. Develop a regular reporting format to ensure communication. 2. Develop outreach plan to other community organizations including the school systems. a:hrdc disk\hrdc96\objectvs.wpd Rev 5/21/96 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 4, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL . I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 21, 1996 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BEARPATH 1996 PUD AMENDMENT by Bearpath Limited Partnership. 2nd Reading of an Ordinance for PUD Amendment and Zoning District Amendment on 15 acres and Approval of a Supplement to Developer's Agreement for Bearpath Limited Partnership. Location: Bearpath Trail and Dell Road. (Ordinance for PUD Amendment and Zoning District Amendment) C. LAKEVIEW OFFICE by Dana Larson, Roubal and Associates. 2nd Reading of an Ordinance for Zoning District Amendment in the Office Zoning District on 2.79 acres; Adoption of a Site Plan Review on 2.79 acres and Approval of a Developer's Agreement for Lakeview Office by Dana Larson, Roubal and Associates. Location: West 78th Street. (Ordinance for Zoning District Amendment and Resolution for Site Plan Review) City Council Agenda Tuesday, June 4, 1996 Page Two D. LIFETOUCH CORPORATE HEADQUARTERS by Lifetouch, Inc. 2nd Reading of an Ordinance for PUD District Review on 16.22 acres and Zoning District Change from Commercial Regional to Office on 9.6 acres; Adoption of a Site Plan Review on 9.6 acres and Approval of a Developer's Agreement for Lifetouch Corporate Headquarters. Location: Viking Drive and Prairie Center Drive. (Ordinance for PUD District Review and Zoning District Change from Commercial Regional to Office and Resolution for Site Plan Review) E. SET TUESDAY, JUNE 18, 1996, 6:30 PM, FOR COUNCIL/STAFF WORKSHOP ON TELECOMMUNICATIONS F. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR WINDFIELD G. RESOLUTION AWARDING CONTRACT FOR TRUNK WATERMAIN CONSTRUCTION ON TECHNOLOGY DRIVE FROM MITCHELL ROAD TO PURGATORY CREEK, I.C. 96-5399 H. RESOLUTION APPROVING COST PARTICIPATION AGREEMENT WITH MnDOT FOR CONSTRUCTION OF TRUNK WATERMAIN ON TECHNOLOGY DRIVE, I.C. 96-5399 V. PUBLIC HEARINGS/MEETINGS A. STARING LAKE TOWNHOMES by Pulte Master Builders. Request for Comprehensive Guide Plan Change from Low Density, Medium Density, and High Density and Office to Medium and High Density Residential and Office on 88.5 acres, Zoning District Change from Rural to RM-6.5 and RM-2.5 on 38.5 acres, Planned Unit Development Concept Review on 88.5 acres, Planned Unit Development District Review on 38.5 acres, Site Plan Review on 38.5 acres, Preliminary Plat of 38.5 acres into 394 lots, and EAW review. Location: Anderson Lakes Parkway and HWY. 169. (Resolution for Comprehensive Guide Plan Change, Ordinance for Zoning District Change from Rural to RM-6.5 and RM-2.5 and PUD District Review, Resolution for PUD Concept Review, Resolution for Preliminary Plat) Continued from May 7 Council meeting City Council Agenda Tuesday, June 4, 1996 Page Three VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS A. REQUEST FROM SOUTHWEST METRO TRANSIT FOR CITY COUNCIL APPROVAL OF RESOLUTION DECLARING INTENT TO EXERCISE LOCAL TRANSIT TAX LEVY OPTION VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES 1. Recommendation Regarding Requirement of Organizations to Provide Insurance When Selling Food or Providing Other Services at Special Events D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT .ifm UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 21, 1996 7:30 P.M., CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J.Julie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson ROLL CALL Acting Mayor Pidcock called the meeting to order at 7:40 PM. Mayor Harris and Councilmember Thorfinnson were absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.1. Policy on High Speed Chases. MOTION: Case moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried unanimously. II. OPEN_PODIUM III. MINUTES A. SPECIAL CITY COUNCIL MEETING HELD TUESDAY, APRIL 30, 1996 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the Special City Council meeting held Tuesday, April 30, 1996, as published. Motion carried unanimously. B. JOINT CITY COUNCIL/HERITAGE PRESERVATION COMMISSION MEETING HELD TUESDAY, MAY 7, 1996 MOTION: Tyra-Lukens moved, seconded by Case, to approve the Minutes of the Joint City Council/Heritage Preservation Commission Meeting held Tuesday, May 7, 1996, as published. Motion carried unanimously. CITY COUNCIL MINUTES May 21, 1996 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, MAY 7. 1996 Case changed page 15, paragraph 5, as follows: "Case had some concerns that we not get the look of some of the fields in Bloomington." MOTION: Tyra-Lukens moved, seconded by Case, to approve the Minutes of the City Council Meeting held Tuesday, May 7, 1996, as published and amended. Motion carried unanimously. IV. CONSENT CAL . R A. CLERK'S LICENSE LIST B. JOINT COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Adopt Resolution 96-86 authorizing the Mayor and City Manager to sign the 1996 CDBG Joint Cooperation Agreement (Resolution 96-86) C. TRANSFER OF $21,000 IN CITY HOUSING FUNDS TO BRA HOUSING HIND Approve the transfer of $21,000 of City housing funds into an HRA account to fund the HOPE loan program and other future housing related programs. D. 2ND READING OF ORDINANCE 21-96 AMENDING SECTION 4.05 OF THE CITY CODE TO ALLOW TILE ISSUANCE OF MORE THAN ONE LIQUOR LICENSE TO AN INDIVIDUAL E. 2ND READING OF PROPOSED REVISION TO PARK USE ORDINANCE 22-96, CITY CODE SECTION 9.04 Regarding item C, Tyra-Lukens asked if it is necessary to transfer all the money to the HRA now since they are only asking for $5,000 at this time. Lindahl said the $21,000 has been there for five or six years and is specifically set aside for housing-related programs. Jullie said the funds are part of the total investment pool but are in a separate interest-earning trust fund set up with that allocation. Case asked if the funds will continue as an investment potential. Jullie said they will. MOTION: Case moved, seconded by Tyra-Lukens, to approve items A-E of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS VI. PAYMENT OF CLAIMS CITY COUNCIL MINUTES May 21, 1996 Page 3 MOTION: Case moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Tyra-Lukens, and Pidcock voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONa. REOUESTS AND COMMUNICATIONS A. REQUEST FROM BLOOMINGTON RESIDENTS FOR COUNCIL REVIEW OF VARIANCE FOR LAKEVIEW OFFICE PROTECT 7ullie said we received two letters from residents of Bloomington requesting that the Council review the recent decision of the Board of Appeals & Adjustments granting certain variances for the proposed Lakeview Office Development. The Board of Appeals &Adjustment approved the requested variances on a 3-1-1 vote at their May 9, 1996 meeting. Julie noted the developer did make some revisions to the site plan in response to some of the neighbors' concerns. Connie Wetmore, 8040 Ensign Road, said the main reason for their appeal is the number of errors discovered in the information presented since the neighborhood meeting was held. There were no plans approved in 1989, and the Planning Commission okayed the project based on the 1989 plans. It was stated the DNR supported this project; however, she learned that the DNR does not object to the program but they do not support it. The 1978 plans were farther away from the lake than is the current project. She referred to Ordinance 78-26 pertaining to the need to protect wildlife habitats and neighborhoods. She asked that the building size be decreased and landscaping added in order to screen the project from the lakeshore and the neighborhood. She was concerned that nine oaks will be lost during construction. Enger said he was not prepared to refute or validate any of the facts presented by Ms Wetmore. It is true the building on the east was supposed to terrace from west to east; however this project has less square footage than the previous proposal. He had asked Mike Franzen to address the concerns expressed at the Public Hearing; however, some of these questions are new issues. Pidcock thought we have examined this project very thoroughly and have addressed many of the concerns. On the issue of DNR support, Tyra-Lukens asked if they object or do not object. She also asked for more information on the issue of Ordinance 78-26. Enger said the DNR does not object to the project. Pauly said he would assume Ordinance 78-26 was the ordinance passed at the time of the previous project approval that would have incorporated the Developer's Agreement. Cast-asked what that means for us today. Pauly said it does not bind 3 CITY COUNCIL MINUTES May 21, 1996 Page 4 the Council from varying the type of development in the future. Tyra-Lukens asked if it is specific to a proposal brought forth in 1978, and without that same proposal it is not in effect. Pauly replied it is in effect until superseded by 2nd reading. Pauly noted some of the issues raised tonight are related to the approval of this project and not to the issue of variances. The plan has gone through the process and the Public Hearing was closed; therefore, the Council could not consider issues not related to the variances. A discussion followed regarding the amount of the setback variance requested and approved. Peter Beck, representing DLR, said there is some confusion because there are two lakeshores. A portion of the lake setback is an outlet from the main lake which was altered by the City of Bloomington. The DNR told proponent to measure from the original outline of the lake as given us by the City of Bloomington. Proponent took ten feet off the building in order to move ten feet back to 165 feet. Case asked about the legal ground if we decide to review the decision. Pauly said the Council would not be making a decision to review a Council decision; rather, the question is whether to review the Board of Appeals & Adjustment's decision. Case said he has some empathy for the neighbors; however, he had a problem with bringing it back before the Council. There were tradeoffs in this project, and we have tried to balance those tradeoffs. He does have some concern about giving variances. MOTION: Tyra-Lukens moved, seconded by Case, to elect not to review the decision of the Board of Appeals & Adjustments relating to Variance Request No. 96-10, Lakeview Office Project. Motion carried unanimously. Beck said they had hoped to move the eight or nine oak trees on the building site; however, the window of opportunity for that is closing. Wetmore noted there is a risk of spreading oak wilt. Beck said they will not move the trees if the City Forester does not think it would be all right. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FOURTH QUARTERLY REPORT FROM SENIOR ISSUES TASK FORCE Bette Anderson presented the 4th Quarterly Report of the Senior Issues Task Force. She said they have continued to emphasize the focus groups this quarter and spent some time visiting surrounding communities to see what their guiding philosophies and organizational strategies are. She said the Task Force is assuming we do not want to make Eden Prairie a magnet community for seniors, and, if that L' CITY COUNCIL MINUTES May 21, 1996 Page 5 assumption is not correct, they will need to know before they prepare their recommendations. Case said the Task Force, at some point, will need direction from the Council as to how we would like to see the senior population integrated into our governmental bodies. Pidcock thanked Ms. Anderson for the report. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Policy on High Speed Chases Pidcock asked if the City has any policy on high speed chases. Jullie said we do have a policy on that. He will bring it to a future Council meeting. B. REPORT OF CITY MANAGER 1. Agreement with M.A.C. regarding Ordinance No. 51 Jullie said we have had two meetings pursuant to the Metropolitan Council's direction asking that the Met Council, the Metropolitan Airport Commission (M.A.C.) and the City get together to talk about some of the concerns left in the wake of the approval of the long term comprehensive plan by the Met Council. Cage asked if there are any timetables. Jullie said there are none, only that they will commence 120 days after all approvals from regulatory agencies. We indicated there are property owners on the west side of the airport who are close to submitting development proposals to the City and who are concerned about assessments and extension of utilities. M.A.C. staff asked us to forward the plans to them as soon as we get them. Jullie said the long term comprehensive plan does propose to increase the weight limitations from 20,000 to 30,000. We asked their staff for the rationale behind that change, and they indicated they are in the process of pulling that together but couldn't enumerate anything specific other than that they do not think Ordinance 51 is that defensible. Jullie said Ordinance 51 is the key to keeping the character of the airport as it is now. We continued to press on with discussions and, at the last minute, M.A.C. staff proposed the agreement included in the packets. 5 CITY COUNCIL MINUTES May 21, 1996 Page 6 They asked that our staff report back to the Met Council on Thursday. Case asked if M.A.C. agreed to revise the weight limitation to comply with Ordinance 51. Jullie was not sure they went that far; however, we did agree to work with them. Case noted the regulatory agency mentioned in point 2.b. would be an agency above M.A.C., but the Met Council is above MAC and could conceivably come within the definition of 2.b. He would like to delete both points 2.b and 2.c., and asked if 2.b. was wording they felt was needed. Enger replied it arose out of a concern that MAC had to develop a situation that we could describe and agree to that would not necessarily force the issue to go to court. They believe issues have changed from 20 years ago when they agreed to Ordinance 51, and they want to spend whatever time it takes to bring us up to their way of thinking. Ordinance 51 is likely to be challenged and if the whole thing is struck down in regard to weight limitations, they would be blamed for it. Enger said they are looking for additional time and a process to illustrate to us that it would be in our best interests to work in an effort to modify Ordinance 51. We were not aware they were coming out to try to end up with an agreement and we believe this opens up a door to us. Tyra-Lukens was also concerned about the regulatory agency in item 2.b. She was not sure she could approve this with that wording. If we agree to 2.b and 2.c, would we be left with no legal recourse should they try to break Ordinance 51. Jullie said we would have agreed to amending Ordinance 51 if it is ordered by a regulatory agency. The consensus was to delete item 2.b. from the proposed agreement. Scott Mace, 16150 Valley Road, said this is a good start at a resolution of the expansion issues, but he urged the Council not to take action on this before it can be reviewed by legal staff and make sure it is reduced to an enforceable agreement. He thought there is nothing taken away if items 2.b and 2.c are removed. He thought the Met Council should be made a part of the proposed agreement. Pidcock also had a concern with item 2.b, but she thought we need to have this approved for the Met Council meeting on Thursday to show we are anxious to collaborate with the others. Case wanted to continue this until the next Council meeting when the five Councilmembers are present to vote. There are a lot of issues that have come up tonight that he wanted more information about. CITY COUNCIL MINUTES May 21, 1996 Page 7 Tyra-Lukens also felt strongly on the issue of all five Councilmembers voting on this. She wondered if the message could be conveyed that we are in agreement initially but want to have a vote from the full Council. Pidcock asked if we could approve the agreement tonight and then bring it back for a vote of the full Council. Pauly said it could be brought back through a motion to reconsider. Case liked the idea of sending some type of favorable message but waiting for the full Council to approve the agreement. Enger thought there are two questions: Are we better off to modify and send something back with an affirmative; and, are we at risk to ask for a little more time. Jullie said the downside of striking items 2.b. and 2.c. would be that they could say they made a good faith effort and we just blew them away. He thought there are some legitimate reasons to delete item 2.b. He suggested staff talk to the Met Council tomorrow and indicate the Council discussion and then bring back the proposed agreement at the next Council meeting. Pauly thought we would not be giving up anything to include item 2.c. Mace thought it was reasonable to say the Council agrees but would need to see the final agreement. He thought we could demonstrate good faith in trying to compromise with negotiation between staff and the counterproposals we have made. Case thought sending the agreement back with changes sends a different message than if staff calls and gives them feedback with our concerns on item 2.b. Tyra-Lukens asked why they want approval on a conceptual agreement rather than the final document. Jullie said they are anxious to see where we are coming from. He thought the final agreement will be quite short and simple. MOTION: Case moved to direct staff to communicate to the Met Council and M.A.C. that we have initially reviewed the proposed agreement and have favorable feelings, and to continue the item to the second meeting of June. Motion died for lack of a second. Enger said they have a self-imposed deadline to have the parties report the results of the meetings at the May 23rd meeting. He believes M.A.C. thinks we are operating according to wrong premises about heavier planes being a concern. They believe the 20,000 lb. limit is more arbitrary than it was 20 years ago, and they believe we will come around. He thought the CITY COUNCIL MINUTES May 21, 1996 Page 8 Met Council believes the weight should not be limited. Enger suggested that we could split the approval by passing item 2.a. and, for the reasons indicated, request more time on items 2.b. and 2.c. MOTION: Case moved, seconded by Tyra-Lukens, to approve the wording of items 1., 2, and 2.a. with the addition of the words "acting through a good faith effort"; to defer until a later date for approval of the whole Council the final wording of the agreement; and to direct staff to pursue all of the considerations and concerns expressed tonight so that the final agreement reflects those concerns. Tyra-Lukens wanted to make sure staff conveys the message we would like to expand the agreement to include the Met Council. VOTE ON THE MOTION: Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT • MOTION: Case moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried unanimously. Acting Mayor Pidcock adjourned the meeting at 9:15 PM. 0 tilr2mL CITY COUNCIL AGENT DA DATE: 6-4-96 • 1:7' SECTION: CONSENT CALENDAR • DEP : 1TEvt DESCRIPTION: ITEM NO- Finance - Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A • THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIV'ITY. CONTRACTOR (MULTI-FAMILY & COMM.) GAS FITTER H & H Plumbing Baillie Remodeling Michael J. Peterson Plumbing Frana & Sons, Inc. Sentra-Sota Sheetmetal Sela Roofing & Remodeling,Inc. Tomco Company, Inc. HEATING & VENTILATING PLUMBING Kalmes Mechanical , Inc. Master Mechanical , Inc. . Accredited Plumbing Sentra-Sota Sheetmetal Cedar Plumbing H & H Plumbing Imperial Developers, Inc. ON SALE WINE Total Mechanical Services, Inc. Le Nouvel Lotus, Inc. GAMBLING ON SALE 3.2 & STRONG BEER Store Front/Youth Action, Inc. Le Nouvel Lotus, Inc. (raffle at Olympic Hills Golf Club on 7-24-95) • Action/Direction: 6-4-96 page 1 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-4-96 SECTION: 2ND READING ITEM NO. 1 8. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEARPATH 1996 PUD AMENDMENT Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD Amendment and Zoning District Amendment on 15 acres; • Approval of a Supplement to Developer's Agreement. Supporting Reports: 1. Zoning Ordinance 2. Supplement to Developer's Agreement I BEARPATH 1996 PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 23-96-PUD-8-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the RM-6.5 Zoning District 23-96-PUD-8-96 (hereinafter"PUD-8-96-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 4, 1996, entered into by Bearpath Development Corporation and the City of Eden Prairie, (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-8-96- RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-96-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-96-RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-8-96-RM-6.5 are justified by the design of the development described therein. D. PUD-8-96-RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing,and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the RM- 6.5 District and shall be included hereafter in the Planned Unit Development 8-96-RM-6.5, 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. 2 Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. 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 16th day of April, 1996, 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 4th day of June, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on BEARPATH 1996 PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 23-96-PUD-8-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,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 the amending of land located at Bearpath Trail and Dell Road, within the RM-6.5 District on 15 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Jean L.Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Lot 3 Block 2 Bearpath Trail Addition Lot 4 Block 2 Bearpath Trail Addition Lot 5 Block 2 Bearpath Trail Addition Lot 1 Block 6 Bearpath Addition Lot 2 Block 6 Bearpath Addition Lot 3 Block 6 Bearpath Addition Lot 4 Block 6 Bearpath Addition Lot 1 Block 7 Bearpath Addition Lot 1 Block 1 Bearpath Addition Lot 2 Block 1 Bearpath Addition Lot 3 Block 1 Bearpath Addition Lot 4 Block 1 Bearpath Addition Lot 5 Block 1 Bearpath Addition Lot 6 Block 1 Bearpath Addition Lot 7 Block 1 Bearpath Addition Lot 8 Block 1 Bearpath Addition Lot 9 Block 1 Bearpath Addition Lot 10 Block 1 Bearpath Addition Lot 11 Block 1 Bearpath Addition Lot 12 Block 1 Bearpath Addition Lot 13 Block 1 Bearpath Addition S BEARPATH TWINHOMES SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO DEVELOPER'S AGREEMENT, made and entered into as of June 4,1996, by BEARPATH DEVELOPMENT CORPORATION, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WH 1 REAS,the parties desire to supplement the Developer's Agreement between Bearpath Development Corporation and the City of Eden Prairie dated July 20, 1993, (hereinafter the "Bearpath Developer's Agreement") for the Twinhome Property legally described in Exhibit A, attached hereto and made a part hereof, which is a part of the Property described in the Bearpath Developer's Agreement; NOW, THEREFORE, in consideration of the City adopting Ordinance No23PUD and Resolution # , Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of the Twinhome Property as follows: 1. "Developer" shall develop the Twinhome Property in conformance with the materials dated April 16,1996, reviewed and approved by the City Council on April 16,1996, attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EYHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof 3. PUB WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the Rural Zoning District through the Planned Unit Development District Review for the Twinhome Property and incorporates said waivers as part of PUD- : A. Waiver from the front yard setback of 30 feet to 20 feet for side loaded garages as shown on Exhibit B, attached hereto. 4. Except as otherwise provided herein all of the terms of, and obligations described in, the "Bearpath Developers Agreement" shall continue in full force and effect. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-4-96 SECTION: 2ND READING IV- ITEM NO...1 V-C . • DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger LAKEVIEW OFFICE Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Amendment in the Office Zoning District on 2.79 acres; • Approve a Site Plan Review on 2.79 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan Review 3. Developer's Agreement LAKEVIEW OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the zoning of the land be amended within the Office Zoning District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the Office Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is 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. The land shall be developed in accordance with plans dated May 28, 1996. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April, 1996, 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 4th day of June, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 2. LAKEVIEW OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING 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 amends the zoning of land located at West 78th Street within the Office Zoning District on 2.79 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) S a. Exhibit A Lakeview Office Center Legal Description Lot 2, Block 1, Cabriole Center,Hennepin Co. LI LAKEVIEW OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LAKEVIEW OFFICE BY DANA LARSON,ROUBAL AND ASSOCIATES WHEREAS, Dana Larson,Roubal and Associates has applied for Site Plan approval of Lakeview Office on 2.79 acres for construction of a one story, 16,066 square foot walkout office building with underground parking located at West 78th Street to be zoned Office by an Ordinance adopted by the City Council on April 16, 1996; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 11, 1996,Planning Commission meeting and recommended approval of said site plans; and, WHEREAS,the City Council has reviewed said application at a public hearing at its April 16, 1996, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Lakeview Office for the construction of an office building,based on plans dated May 28, 1996,between Dana Larson,Roubal and Associates, and the City of Eden Prairie. ADOPTED by the City Council on June 4, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT LAKEVIEW OFFICE THIS AGREEMENT, made and entered into as of June 4, 1996,by , a Minnesota , hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Amendment in the Office Zoning District, Site Plan Review and Preliminary Plat into two lots for construction of and Office Building, all on 5.74 acres, situated in Hennepin County, State of Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Zoning and Resolution No. , Preliminary Plat, and Resolution No. for Site Plan Review. Developer covenants and agrees to construction upon, development, and maintenance of said Property as following: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated ,reviewed and approved by the City Council on April 16, 1996, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for, sanitary sewer, water, interim irrigation systems and storm sewer. Upon approval by the City Engineer, Developer agrees to implement the approved utility plan concurrent with building construction. Ca 4. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final plat,the Developer shall enter into an executed cross access and maintenance agreement, for lots Block . This agreement shall be submitted for review and approval by the City Engineer. The agreement shall address vehicle access,maintenance of parking areas, driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or owner. Developer shall submit proof of filing of the approved agreement with the Hennepin County Records/Registrars office prior to building permit issuance. 5. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City Planner, and receive the City Planner's approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Upon approval by the City Planner, Developer agrees to implement the approved exterior materials and colors plan concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 6. FINAL GRADING AND EROSION CONTROL PLAN: A. FINAL GRADING PLAN: Developer acknowledges that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property,Developer shall submit and obtain the City Engineer's approval of a final grading plan for the Property. The final grading plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading plan. Developer shall implement the approved plan prior to, or concurrent with building construction. B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit to the City Engineer and obtain City Engineer's approval of an Erosion Control Plan for the Property. The Erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer shall implement the approved plan prior to, or concurrent with building construction. 7. FINAL ORDER NO.96-10: Developer has obtained approval from the Board of Appeals and Adjustments for variances from City Code requirements within the Office District for construction on the Property as depicted in Exhibit B, attached hereto. Said approval has been granted through Final Order # 96-10, attached 7 hereto, and made a part hereof. Developer agrees to comply with all requirements of said Final Order No. 96-10. Developer agrees to file Final Order # 96-10 of the Board of Adjustments and Appeals on the Property at the Hennepin County Recorder/Registrar prior to the building permit issuance. Prior to the release of any building permit on the property, Developer agrees to provide proof of filing to the City. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to City Planner, and receive City Planner's approval of a plan for screening of mechanical equipment on the Property. Said mechanical equipment includes the gas meters, electrical conduit, and water meters in addition to standard heating, ventilating, and air conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, per City Code requirements. Developer shall implement the approved plan concurrent with building construction. If, after completion of construction of said mechanical equipment screening, it is determined by the City Planner, in its sole discretion,that the constructed screening does not meet the Code requirements to screen said equipment from public streets and differing, adjacent land uses, then City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to meet Code requirements. Developer acknowledges that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 10. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property,Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and 3 method of construction to be used for said retaining walls. 11. STORM WATER QUALITY: In lieu of constructing a NURP facility for the treatment of storm water on the site, the Developer shall pay the City the cash equivalent of treatment facility construction prior to grading permit issuance. The payment amount shall be the equivalent of 2%of the land value plus $1000.00 for each acre of impervious surface on the site. The City shall deposit the payment in its storm water utility fund. 9 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-4-96 SECTION: 2ND READING ITEM NO. 2.D. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger LIFETOUCH CORPORATE HEADQUARTERS Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Planned Unit Development District Review on 16.22 acres and Zoning District Change from Commercial Regional to Office on 9.6 acres; • Approve a Site Plan Review on 9.6 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement LIFETOUCH CORPORATE HEADQUARTERS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 24-96-PUD-9-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Commercial Regional District and be placed in the Planned Unit Development Office Zoning District 24-96-PUD-9-96 (hereinafter"PUD-9-96-Office"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 4, 1996, entered into between Lifetouch,Inc., and the City of Eden Prairie(hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-9-96-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following fmdings: A. PUD-9-96-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-96-Office designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-9-96-Office are justified by the design of the development described therein. D. PUD-9-96-Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Commercial Regional District and shall be included hereafter in the Planned Unit Development PUD-9-96-Office 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. 2 Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. 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 7th day of May, 1996, 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 4th day of June, 1996. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on S LIFETOUCH CORPORATE HEADQUARTERS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 24-96-PUD-9-96 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 Viking Drive and Prairie Center Drive from Commercial Regional to Office on 9.6 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) L' Lifetouch Corporate Headquarters Exhibit A Legal Description LAND DESCRIPTION FOR SITE PLAN REVIEW AND REZONING: Proposed Lot 1 , Block 1 , Golden Strip 3rd Addition; containing 421 ,324 square feet or 9.67 acres. LAND DESCRIPTION FOR P.U.D. AMENDMENT AND PRELIMINARY PLAT: Lot 1 , Block 3, Golden Strip Second. Addition; containing 706,413 square feet or 16.22 acres. LIFETOUCH CORPORATE HEADQUARTERS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LIFETOUCH CORPORATE HEADQUARTERS BY LIFETOUCH, INC. WHEREAS, Lifetouch,Inc. has applied for Site Plan approval of Lifetouch Corporate Headquarters on 9.6 acres for construction of a 132,000 square foot office building, located at Viking Drive and Prairie Center Drive to be zoned Office by an Ordinance adopted by the City Council on May 7, 1996; and, WHEREAS,the Planning Commission reviewed said application at a public hearing at its April 8, 1996, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its May 7, 1996, meeting; NOW,THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Lifetouch Corporate Headquarters for the construction of an office building, based on plans dated May 28, 1996, between Lifetouch, Inc. and the City of Eden Prairie. ADOPTED by the City Council on June 4, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk l0 DEVELOPER'S AGREEMENT LIFETOUCH THIS AGREEMENT, made and entered into as of June 4, 1996, by ,a Minnesota , hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City:" WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 16.22 acres, Planned Unit Development District Review on 16.22 acres, Zoning District Change From Commercial Regional to Office on 9.6 acres, Site Plan Review on 9.6 acres, and Preliminary Plat of 16.22 acres into 2 lots for construction of the Lifetouch office building, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW,THEREFORE,in consideration of the City adopting Ordinance No. 24-96-PUD-9-96 for Zoning District Change and Planned Unit Development, Resolution No. 96-82,Preliminary Plat, and Resolution No. _____ for Site Plan Review. Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS:Developer shall develop the Property in conformance with the materials revised and dated , reviewed and approved by the City Council on May 7, 1996, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for , sanitary sewer, water, interim irrigation systems and storm sewer. Developer acknowledges that the existing storm sewer along the north side of the Property is a private system not owned and maintained by the City. Ownership and maintenance is a responsibility of the Developer. Developer shall submit for review and approval by the City Engineer an executed document covering the shared use and maintenance responsibilities of the existing storm sewer with adjoining properties. Developer shall record the approved document in the Hennepin County Registrar/Recorders office and provide proof of filing prior to occupancy permit issuance. Developer and City acknowledge that stormwater runoff from the Property will drain into an existing stormwater pond to the east of the Property as shown on Exhibit B, attached hereto. Developer agrees to provide the City with drainage easements over the calculated 100 year flood elevation of Lake Smetana within the Property. Upon approval by the City Engineer, Developer agrees to construct the approved plans for sewer, sanitary sewer, water, interim irrigation systems and storm sewer. 4. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City Planner, and receive the City Planner's approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Upon approval by the City Planner, Developer agrees to construct, or implement, the approved exterior materials and colors plan concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 5. FINAL GRADING,DRAINAGE, AND EROSION CONTROL PLAN: A. FINAL GRADING AND DRAINAGE PLAN: Developer acknowledges that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall implement the approved plan prior to, or concurrent with building construction. B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit to the City Engineer and obtain City Engineer's approval of an Erosion Control Plan for the Property. The Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer shall implement the approved plan prior to, or concurrent with building construction. 6. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's approval of a plan for irrigation of the landscaped areas on the Property. Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan concurrent with construction and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property and completed no later than September 30, 1997, and in accordance with the terms and conditions of Exhibit C, attached hereto. 8. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to City Planner, and receive City Planner's approval of a plan for screening of mechanical equipment on the Property. Said mechanical equipment includes the gas meters, electrical conduit, and water meters in addition to standard heating, ventilating, and air conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, per City Code requirements. Developer shall implement the approved plan concurrent with building construction. If, after completion of construction of said mechanical equipment screening, it is determined by the City Planner, in his sole discretion, that the constructed screening is not in conformance with the approved mechanical equipment screening plan, then City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening to meet the requirements of the approved plan. Developer acknowledges that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 9. PROOF OF PARKING SPACES: Developer and City acknowledge that the proof of parking spaces proposed for the Property, depicted in Exhibit B, attached hereto. Said spaces are not required to be constructed at this time. However, said spaces may be required to be constructed in the future, if it is determined by City, in its sole discretion,that it is necessary. At such time as City Planner, in his sole discretion, may determine that it is necessary for all, or a portion of, said proof of parking spaces to be constructed in order to accommodate the use, the following shall occur: A. City Planner shall notify Developer in writing of the need to construct all, or a portion, of said proof of parking spaces, as shown on Exhibit B, attached hereto, to meet City Code requirements in effect as of June 4, 1996. B. Within six(6) months of receipt of written notice from City Planner, Developer agrees to have completed construction of all of all required proof of parking spaces, as determined by City Planner, in the location as depicted in Exhibit B, attached hereto. 10. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the Office District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD, as depicted on Exhibit B, attached hereto. A. Building height from 30 to 75 feet. B. Impervious surface from 30 to 60%. C. Building setback from 200 to 100 feet. D. Zero lot line setback to parking. 11. REFORESTATION PLAN: Prior to the release of a building permit for the Property, Developer agrees to submit for review and approval by the City Forester a Reforestation Plan on the steep slopes for proposed for Phase One as depicted on Exhibit B, as attached hereto. Upon approval by the City Forester, Developer agrees to implement the approved Reforestation Plan concurrent with building construction on Phase One. 12. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Developer acknowledges and agrees that the materials to be implemented shall be compatible with those implemented on the adjacent lands within the Southwest Crossing Planned Unit Development. Upon approval by the Chief Building Official, Developer agrees to implement the approved retaining wall plan, concurrent with the grading, street, and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 13. SIGNS: Developer agrees that for each and every sign to be located on the Property, Developer, shall obtain sign permit. The application shall include complete description of the sign and a sketch showing the size, location, manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City code, Section 11.70, Subdivision 5a. 14. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved a concept plan for 609,00 sq. Ft. of office to be developed in three phases. Approval of phase 2 and 3 is based on the following conditions: A. The parking deck shall not be visible from the lake. Berming and heavy landscaping should be used. B. Maximum height of the parking deck shall not exceed three stories adjacent to the shore impact zone. /0 C. The parking deck may be taller than 3 stories if the building blocks the view of the parking deck from the lake. D. The parking deck should be architecturally compatible with the main building in terms of materials with 75% face brick E. Construction of a sidewalk along Viking Drive. Prior to any development, grading or construction on Phase 2 and 3, as depicted in Exhibit B attached hereto, Developer shall be required to submit detailed development plans in accordance with the submittal requirements of the City, and obtain approval of those plans by the Planning Commission and City Council. 15. TRAIL EASEMENT FOR EXISTING TRAIL ADJACENT TO SMETANA LAKE: Developer shall provide the City with a trail easement document, attached as Exhibit E, for the existing trail located adjacent to Smetana Lake as shown on Exhibit B, attached hereto. City shall record the trail easement document in the Hennepin County Records/Registrar Office. If DATE: 06/04/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: iknd&rr y SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Lifetouch Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Lifetouch Addition subject to the following conditions: • Receipt of engineering fee in the amount of$1,622.00 • Revision of plat to include standard drainage and utility easements between Lots 1 & 2 • The requirements of the Developer's Agreement Background: This project, located along Viking Drive and the south shoreline of Smetana Lake, consists of 16.22 acres to be divided into two lots and one outlot. Lot 1 is the proposed site of the Lifetouch Corporate Headquarters and Lot 2 is intended for a future phase development. JJ:ssa cc: Keith Dahl, BRW CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF LIFETOUCH ADDITION WHEREAS, the plat of Lifetouch Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Lifetouch Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 4, 1996. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 4, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk NOM ,wneL.. a LIFETO UCH .ADDITION C.R. DOC. NO. \ i�MUI"wa 1't?/`J�1I srrnwA W \** 1 � e or ,:atm* O1A r waa/S •I'4 / • 4 oi 1•1, ‘ ` \C O•!S \� ' t .1 I\ \ - ammo \ �T_ A.-- + \�••vOanf wow lO!IppN IN°R\ \ , \ BLOCK , 3 ... 4,•wrs.IA ' - !-- - BLOCK 1 'Tlpit/ .. ���` TII Tf ,R•IittNtp! ORIVE 4- N NW,4 y Na 494 I w to • a. se MU n FUT •SNOW nor SOW w”atsinfMINN 1 . R SHEET 2 OF 2 SHEETS MEMORANDUM TO: Parks, Recreation and Facilities Staff FROM: Elyce Kastigar, Community Center Manager DATE: June 4, 1996 SUBJECT: Oak Point Pool The Oak Point pool was closed on Monday, June 3 for maintenance repairs to tile in the large pool. All Oak Point pool swim lessons which began June 3 and run through June 26 will be conducted at the Community Center. We are currently evaluating the daytime lessons which begin June 10. We will attempt to hold them at the Community Center. All other pool activities are canceled until the pool reopens. The pool closing could be two - four weeks. The public should call the Community Center information line at 949-8460 for update information on the pool opening. DATE: 06/04/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 1iF SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Release of Land - Pertaining to Special Assessment Agreement with Jeffrey Johnson Windfield Limited Partnership Recommended Action: Staff recommends that the City Council approve the Release of Land document and authorize the Mayor and City Manager to execute same. Background: The City recorded this special assessment agreement in 1992 and its purpose was to define the Developer's share of construction costs for Dell Road, adjacent to the Windfield development. These improvements adjacent Windfield have been completed and the assessments contemplated in the Agreement have been levied. Staff had been requested by First Security Title to process a Release of a Special Assessment Agreement, as this has a continuing affect on the clearance of title of the affected properties. I RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated March 2, 1992, was executed by and between the City, and Windfield Limited Partnership, a Minnesota Limited Partnership, which Agreement was filed as Document No. 2255730 with the Registrar of Titles on April 28, 1992. The Agreement related to the property described therein as: 1. Lots 1 through 9, Block 1; Lots 1 through 17, Block 2; Lots 1 through 14, Block 3; Lots 1 through 7, Block 4; Lots 1 through 9, Block 5; and Outlots A and C; Windfield Addition, Hennepin County, Minnesota. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated March 2, 1992 filed with the Registrar of Titles as Document No. 2255730 on April 28, 1992. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Jean L. Harris Carl J. Jullie Its Mayor Its City Manager STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 1996, by Jean L. Harris and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 S DATE: 06/04/96 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: Tv G. SECTION: Consent Calendar DEPARTMENT: rrEM DESCRIPTION: I.C. 96-5399 Engineering Division Award Contract for Technology Drive Trunk Watermain Project Rodney W. Rue Recommended Action: Approve resolution awarding contract for Technology Drive Trunk Watermain to Northdale Construction. Overview: This trunk watermain project will provide the last missing link in our trunk watermain system needed to adequately provide water to the new elevated reservoir on Single tree Lane. Financial Issues: The total contract bid amount is $230,956.75 which is 22% less than the engineer's estimate. This project is funded entirely by the Utility Trunk Fund, less the $38,746.80 payment by MnDOT for the trunk watermain relocation cost (other Council action). We hereby recommend award of this contract to Northdale Construction in the amount of $230,956.75. • May 24, 1996 Mr.Alan Gray,P.E. City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Technology Drive Watermain Improvements I. C. 96-5399 RCM Project No. 10304.02 Project Award rieke muller Dear Mr. Gray: associates, inc. en sneers We have reviewed the bids received on May 23, 1996 for the subject project. A total of 10 arciitects land surveyors bids were received. We recommend award of the project to Northdale Construction, the contractor responsible for the lowest bid,for a total bid amount of$230,956.75. equal opportunity employer Please call me if you have any questions. Sincerely, ACeve" Robert L. Moberg,P.E • Project Manager years,- . RIEKE CARROLL MULLER ASSOCIATES,INC. of: helping, Enclosure buddy u om. 1955-1996 10901 red circle drive box 130 minnetonka, minnesota 55343-0130 (612) 935-6901 fax (612) 935-8814 Technology Drive Watermain Improvements LC.96-5399 RCM Project No. 10304.02 Summary of Bids Received May 23, 1996 Contractor Bid Amount Engineers Estimate $296,479.90 Northdale Construction $230,956.75 S.M. Hentges&Sons $232,597.50 Metro Utilities,Inc. $242,517.00 Annandale Contracting $248,030.50 Bonine Excavating,Inc. $248,968.10 Brown&Cris,Inc. $249,790.10 Lan Dar,Inc. $262,426.00 Erickson Construction,Inc. $275,296.90 Penn Contracting,Inc. $286,572.20 G.L Contracting,Inc. $296,453.40 Northdales bid is approximately 22.1% less than the engineers estimate; however appears reasonable based upon the other bids received. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 96-5399 (Trunk Watermain Construction) bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to NORTHDALE CONSTRUCTION COMPANY as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Northdale Construction Company in the name of the City of Eden Prairie in the amount of$230,956.75 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 4, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk DATE: 06/04/96 EDEN PRAIRIE CITY COUNCIL AGENDA - �/ ITEM NO: _1-![• ►1 SECTION: Consent Calendar DEPARTMENT: rrEM DESCRIPTION: I.C. 96-5399 Engineering Division Approve Relocation Agreement for Technology Drive Trunk Watermain Rodney W. Rue Project Recommended Action: Approve resolution approving relocation agreement for Technology Drive Trunk Watermain Project. Overview: As part of the TH 212 project, our existing 16" watermain along TH5 needs to be removed and relocated. Previously, we decided to replace the capacity of this 16" watermain with a 20" trunk watermain along Technology Drive. Primary Issues: MnDOT has agreed to participate in the cost to replace/relocate our existing 16" watermain along TH5 as part of our Technology Drive Trunk Watermain Project. Financial Issues: The relocation agreement identifies the lump sum payment by MnDOT to replace/relocate the existing 16" watermain as $38,746.80. This payment represents 1,130 feet of 16" watermain, less 650 feet of 8" watermain (to serve MTS) plus some design and construction engineering costs. We have reviewed this relocation agreement and would recommend approval thereof. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. I.C. 96-5399 Approve Relocation Agreement (with MnDOT Cost Participation) for Technology Drive Trunk Watermain Project from Mitchell Road to Purgatory Creek. WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared a relocation agreement which identifies MnDOT's cost participation in our trunk watermain project along Technology Drive from Mitchell Road to Purgatory Creek; and seeks approval thereof; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said relocation agreement is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on June 4, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk 2 • [b • 7 r x f 's y �• f f i'if F, 1 " 't ) • Prepared by: Utilities Agreements Unit (Payable) ($38,746.80) S.P. 2762-13 (T.H. 212=121) T.H. 212 from 0.25 Miles West of Wallace Road to 0.5 Miles East of Mitchell Road City of Eden Prairie Agreement No. 75006 RELOCATION AGREEMENT THIS AGREEMENT made by and between the State of Minnesota, acting by and through its Commissioner of Transportation, hereinafter called the "State", and the City of Eden Prairie, hereinafter called the "City", WITNESSETH THAT: WHEREAS, the State is preparing plans and specifications and proposes to let a contract in the future for the construction of a project on Trunk Highway 212, said project being identified as State Project No. 2762-13, and the project being located on T.H. 212 from 0.25 Miles West of Wallace Road to 0.5 Miles East of Mitchell Road; and WHEREAS, certain facilities owned and operated by the City are presently located in part on private property in which the City has shown evidence of property rights and in part within the limits of publicly owned right of way and all within the limits of said future project 2762-13; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to acquire by purchase, gift, or eminent domain proceedings as -1- S Mn/DOT Pre-Letting Svc TEL :612-296-1805 May 21 96 7 :34 No .001 P .04 Agreement No. 75006 provided by law, in fee or in such lesser estate as the Commissioner deems necessary, all lands and properties necessary in laying out, constructing, maintaining, and improving the trunk highway system; and WHEREAS, the State has determined that the relocation of a 16-inch water main owned and operated by the City is necessitated by the construction of this future project hereinabove described; and WHEREAS, the City is about to perform water main construction which will include the relocation of this 16-inch water main; and WHEREAS, the City has requested participation by the State in the costs of the water main construction; and WHEREAS, it will be in the best interest of the State to have the 16-inch water main relocated at the present time to accommodate future T.H. 212 construction by the State; and WHEREAS, the State is willing to participate in the costs of the water main construction and associated design and construction engineering in an amount equal to $38,746.80 as hereinafter set forth; and WHEREAS, state law requires a written agreement between the State and the City setting forth their separate responsibilities: NOW, THEREFORE, IT IS AGREED: ARTICLE 1 -THE CITY, in consideration of the terms and conditions set forth, WILL: RELOCATE its facilities, together with all appurtenances thereto, in accordance with the plans which arc made a part hereof and which are attached hereto, marked Exhibit A, in -2- !/ Mn/DOT Pre-Letting Svc TEL :612-296-1805 May 21 96 7 : 35 No .001 P .05 Agreement No. 75006 accordance with applicable codes and the following terms and conditions: PERFORM all the replacement work to the satisfaction of the City's assigned Project Engineer. PERFORM the relocation as shown on Exhibit. A for the herein agreed upon reimbursable lump sum of$38,746.80. ARTICLE II. - THE STATE'S OBLIGATION THE STATE shalt pay to the City, as the State's full and complete share of the costs for the 16-inch water main relocation construction to he performed by the City for future State Project No. 2762-13, the lump sum amount of$38,746.80. THE STATE shall pay the City the above lump sum amount after the following conditions have been met: 1. Execution and approval of this agreement and the State's transmittal of same to the City. 2. Award of the construction contract for the water main relocation construction project. 3. Receipt of a request for such lump sum payment from the City. IT IS FURTHER AGREED, that the payment of such sums as arc provided for above shall be settlement in full for any and all damages, demands, claims, actions or causes of action of any kind or nature whatsoever, that may arise out of the relocation of the City's facilities. -3- 5 Mn/DOT Pre-Letting Svc ILL :b12-29b-16U5 May 21 9b ( :55 No .UU1 r .Ub S.Y. 2762-13 (T.H_ 212=121) Agreement No, 75006 TN TESTIMONY WHEREOF, the City has caused these presents to be executed in its city name by its duly authorized officials and the State had caused these presents to be executed by its duly authorized officials and caused their respective seals to be hereunto affixed. (CITY SEA!) CITY OF EDEN PRAIRIE By Mayor By City Manager DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA Recommended for Approval: Approved as to form and execution: Division Engineer Assistant Attorney General State of Minnesota Approved: Commissioner of Transportation Commissioner of Administration By I3y py..) Director Authorized Signature Office of Technical Support • -4- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-4-96 SECTION: PUBLIC HEARINGS ITEM NO. V. fl DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger STARING LAKE TOWNHOMES Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Continue the Public Hearing until the June 18, 1996 City Council meeting to allow the Developer more time to make plan changes. Supporting Reports: 1. Letter from Pulte Homes to Mike Franzen 2. Notice sent to residents of the proposed continuation of the Public Hearing -49 sent. Pulte Homes of Minnesota Corporation May 23rd, 1996 Mr.Mike Franzen City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Mr. Franzen, Pulte Homes would like to request a continuation of our Staring Lake Community until the Council meeting of June 18th, 1996. Thank you for your consideration in this matter. PULTE HOMES OF MINNESOTA 46"°L----- Gary Grant 1L Vice President - Construction GG/ks A 1355 Mendota Heights Road., Suite 300, Mendota Heights, MN 55120-1112 • ...,.."" Phone: (612) 452-5200 • Fax: (612) 452-5727 • License #0001371 VOW 2 City of Eden Prairie VP City Offices Eden 8080 Mitchell Road • Eden Prairie, MN 55344-2230 prairie Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390 May 23, 1996 SUBJECT: Staring Lake Townhouse Project Public Hearing Proposed to be Continued until June 18th Dear Resident: Pulte Homes is requesting that the City Council continue the public hearing from June 4th to June 18th. At the June 4th City Council meeting, there will be no presentation by the Developer. The City Council will make a motion to continue the project until June 18th. Sincerely, Michael D. Franzen City Planner 4s Recycled Paper e/5acjmn CITY COUNCIL AGENDA DATE: prairie SECTION: Payment of Claims 06-04-96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI Checks No. 42098 thru 42554 Action/Direction: Approve payment of claims. COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 1 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42098 05/15/1996 $2,721.08 CARLSON TREE SERVICE SA ON LAND TREE DISEASE <*> $2,721.08* 42099 05/15/1996 $20.00 MINNESOTA PARK SUPERVISORS ASS CONFERENCE IN SERVICE TRAINING <*> $20.00* 42100 05/15/1996 $70.00 MINNESOTA RECREATION AND PARK CONFERENCE IN SERVICE TRAINING <*> $70.00* 42101 05/15/1996 $250.00 NATIONAL LABOR MANAGEMENT CONF CONFERENCE IN SERVICE TRAINING <*> $250.00* 42102 05/15/1996 $274.70 NORTHERN STATES POWER COMPANY ELECTRIC SEWER LIFTSTATION $18.84 ELECTRIC CIVIL DEFENSE $3,789.02 ELECTRIC TRAFFIC SIGNALING $469.90 ELECTRIC STREET LIGHTING $105.36 ELECTRIC OUTDOOR CTR-STARING LAKE N $113.23 ELECTRIC STARING LAKE $13.47 ELECTRIC FLYING CLOUD ATHL FIELDS $192.17 ELECTRIC EDENVALE PARK $8.68 ELECTRIC FRANLO PARK $101.79 ELECTRIC HOMEWARD HILLS PARK $54.11 ELECTRIC CUMMINS/GRILL $1,200.71 ELECTRIC POLICE STATION $330.69 ELECTRIC FIRE STATION #2 $242.88 ELECTRIC FIRE STATION #5 $8.67 ELECTRIC CEMETARY OPERATION $388.92 ELECTRIC PRESERVE LIQUOR #2 $693.77 ELECTRIC PRAIRE VIEW LIQUOR #3 <*> $8,006.91* 42104 05/15/1996 $943.40 TIMBER LODGE STEAK HOUSE EMPLOYEE AWARD HUMAN RESOURCES <*> $943.40* 42105 05/15/1996 $314.95 US WEST COMMUNICATIONS TELEPHONE GENERAL <*> $314.95* 42106 05/15/1996 $51.10 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GEN $5,475.98 TELEPHONE GENERAL $782.96 TELEPHONE FIRE COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 2 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42106 05/15/1996 $172.16 US WEST COMMUNICATIONS TELEPHONE ROUND LAKE $96.39 TELEPHONE STARING LAKE $92.25 TELEPHONE RILEY LAKE $69.65 TELEPHONE FLYING CLOUD ATHL FIELDS $53.63 TELEPHONE EDENVALE PARK $53.63 TELEPHONE FOREST HILLS PARK $111.94 TELEPHONE HOMEWARD HILLS PARK $57.63 TELEPHONE PRAIRIE VIEW PARK $53.63 TELEPHONE PRESERVE PARK $55.97 TELEPHONE CUMMINS/GRILL $70.19 TELEPHONE EATON BLDG $161.25 TELEPHONE SR CTR OPERATIONS $118.49 TELEPHONE PRAIRIE VILLAGE LIQUOR #1 $113.75 ADVERTISING PRAIRIE VILLAGE LIQUOR #1 $118.49 TELEPHONE PRESERVE LIQUOR #2 $113.75 ADVERTISING PRESERVE LIQUOR #2 $203.10 TELEPHONE PRAIRE VIEW LIQUOR #3 $113.76 ADVERTISING PRAIRE VIEW LIQUOR #3 <*> $8,139.70* 42108 05/15/1996 $54.95 VISTA START SMART VIDEO SAFETY SUPPLIES STREET MAINT <*> $54.95* 42109 05/17/1996 $250.00 ALVID SWARTZ OTHER CONTRACTED SERVICES STORM DRAINAGE <*> $250.00* 42110 05/17/1996 $1,367.55 CITY OF RICHFIELD AUTOS WATER SYSTEM MAINT $1,372.90 AUTOS P/R REVOLVING FD <*> $2,740.45* 42111 05/17/1996 $142.20 EDDIES LAKE MILLE LACS RESORT RESERVATION W DUNSMORE IN SERVICE TRAINING <*> $142.20* 42112 05/17/1996 $550.00 EMPLOYERS ASSOCIATION INC CONFERENCE IN SERVICE TRAINING <*> $550.00* 42113 05/17/1996 $20,683.10 ERICKSON CHEVROLET PONTIAC INC AUTOS P/R REVOLVING FD $20,593.10 AUTOS WATER SYSTEM MAINT <*> $41,276.20* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 3 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42114 05/17/1996 $86,261.57 HENNEPIN COUNTY TREASURER LICENSES & TAXES CITY CENTER OPERATING COSTS $1,392.10 LICENSES & TAXES DOUGLAS/MORE HOUSE $32.32 LICENSES & TAXES PARK MAINT <*> $87,685.99* 42115 05/17/1996 $130.00 JIM DALY SPECIAL EVENTS FEES ADULT HOCKEY <*> $130.00* 42116 05/17/1996 $22.35 JIM ZAIC OPERATING SUPPLIES-GENERAL IN SERVICE TRAINING <*> $22.35* 42117 05/17/1996 $35.67 JOHN BENIK OPERATING SUPPLIES-GENERAL FIRE $18.48 USE OF PERSONAL AUTO FIRE <*> $54.15* 42118 05/17/1996 $67.50 KAMI KISSNER OTHER CONTRACTED SERVICES AFTER SCHOOL PROGRAM $150.00 OTHER CONTRACTED SERVICES SPRING SKILL DEVELOP <*> $217.50* 42119 05/17/1996 $5,071.54 LETS GO TRAVEL DEPOSITS ESCROW <*> $5,071.54* 42120 05/17/1996 $157.50 LOIS NEREIM WILDER INSTRUCTOR SERVICE REC SUPERVISOR <*> $157.50* 42121 05/17/1996 $55.00 MARGARET GAMBLE STARING LAKE BUILDING RENTAL SPECIAL EVENTS <*> $55.00* 42122 05/17/1996 $20,332.00 MCKAYS FAMILY DODGE INC AUTOS P/R REVOLVING FD <*> $20,332.00* 42123 05/17/1996 $90.00 MINNESOTA PARK SUPERVISORS ASS CONFERENCE IN SERVICE TRAINING <*> $90.00* 42124 05/17/1996 $201.29 MITCHELL DEAN OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 <*> $201.29* 42125 05/17/1996 $25,000.00 MTS SYSTEMS CORPORATION LAND 10 MGD WATER PLANT EXPANSION <*> $25,000.00* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 4 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42126 05/17/1996 $650.00 N S P OTHER CONTRACTED SERVICES STREET LIGHTING <*> $650.00* 42127 05/17/1996 $89.00 NORTH MEMORIAL MEDICAL CENTER LAND POLICE <*> $89.00* 42128 05/17/1996 $47,990.03 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG $24,393.25 EMPLOYEES SS & MEDICARE FD 10 ORG $24,393.25 EMPLOYERS SS & MEDICARE FD 10 ORG <*> $96,776.53* 42129 05/17/1996 $50.00 PETTY CASH PETTY CASH FD 10 ORG $2.98 OPERATING SUPPLIES-GENERAL REC SUPERVISOR $6.75 RECORDING DOCUMENT FEE ENGINEERING DEPT $12.74 OFFICE SUPPLIES GENERAL $10.38 MEETING EXPENSES IN SERVICE TRAINING $3.75 RECORDING DOCUMENT FEE ENGINEERING DEPT () $9.00 OPERATING SUPPLIES-GENERAL ADAPTIVE RECREATION v $8.00 OPERATING SUPPLIES-GENERAL REC SUPERVISOR <*> $103.60* 42130 05/17/1996 $15.00 PLYMOUTH PLUMBING PERMIT 51370 RECEIPT 65085 FD 10 ORG $100.00 SALES-WATER METERS WATER DEPT $0.50 BLDG SURCHARGES PLUMBING SURCHARGE <*> $115.50* 42131 05/17/1996 $40.00 RENEE BRETHORST STARING LAKE BUILDING RENTAL SPECIAL EVENTS <*> $40.00* 42132 05/17/1996 $150.00 SCOTT WILLIAMETTE SCHOOLS POLICE <*> $150.00* 42133 05/17/1996 $19,029.00 SUPERIOR FORD AUTOS P/R REVOLVING FD <*> $19,029.00* 42134 05/17/1996 $750.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG <*> $750.00* 42135 05/20/1996 $52.16 CARVER COUNTY COURTHOUSE GARNISHMENT WITHHELD FD 10 ORG $287.55 GARNISHMENT WITHHELD FD 10 ORG COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 5 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42135 05/20/1996 $90.00 CARVER COUNTY COURTHOUSE GARNISHMENT WITHHELD FD 10 ORG <*> $429.71* 42136 05/20/1996 $300.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG <*> $300.00* 42137 05/20/1996 $8,130.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG <*> $8,130.50* 42138 05/20/1996 $254.31 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG $291.24 GARNISHMENT WITHHELD FD 10 ORG $10.00 GARNISHMENT WITHHELD FD 10 ORG • <*> $555.55* 42139 05/20/1996 $4,314.22 I.C.M.A. RETIREMENT TRUCT-457 GARNISHMENT WITHHELD FD 10 ORG <*> $4,314.22* 42140 05/20/1996 $1,335.00 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG <*> $1,335.00* 42141 05/20/1996 $292.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG <*> $292.00* 42142 05/20/1996 $227.42 MINNESOTA DEPT OF REVENUE GARNISHMENT WITHHELD FD 10 ORG <*> $227.42* 42143 05/20/1996 $1,832.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG <*> $1,832.50* 42144 05/20/1996 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG <*> $35.00* 42145 05/20/1996 $240.00 PUBLIC EMPLOYEES RETIREMENT AS LIFE INSURANCE W/H FD 10 ORG $9.00 PERA LIFE INSURANCE FD 10 ORG $20,006.73 PERA WITHHELD FD 10 ORG $24,430.12 EMPLOYERS PERA FD 10 ORG $7.50 PERA WITHHELD FD 10 ORG $7.50 EMPLOYERS PERA FD 10 ORG <*> $44,700.85* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 6 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42146 05/20/1996 $189.00 UNITED WAY UNITED WAY WITHHELD FD 10 ORG <*> $189.00* 42147 05/20/1996 $9.46 ADAM HUSKEY TRAINING SUPPLIES POOL OPERATIONS <*> $9.46* 42148 05/20/1996 $19.21 BILL WYFFELS SCHOOLS POLICE <*> $19.21* 42149 05/20/1996 $258.60 BRUCE HUTCHINS SCHOOLS IN SERVICE TRAINING <*> $258.60* 42150 05/20/1996 $13,400.00 CHALLENGE PRINTING DEPOSITS ESCROW <*> $13,400.00* 42151 05/20/1996 $4.00 CITY OF RICHFIELD OPERATING SUPPLIES-GENERAL EQUIPMENT MAINT $1,469.28 AUTOS P/R REVOLVING FD $2,879.25 AUTOS P/W REVOLVING FUND „� <*> $4,352.53* 42152 05/20/1996 $30.80 COMPUTER RENAISSANCE OPERATING SUPPLIES-GENERAL EQUIPMENT MAINT <*> $30.80* 42153 05/20/1996 $12,004.51 CUSHMAN MOTOR COMPANY INC AUTOS P/R REVOLVING FD <*> $12,004.51* 42154 05/20/1996 $22,158.10 ERICKSON CHEVROLET PONTIAC INC AUTOS P/R REVOLVING FD $14,319.28 AUTOS P/W REVOLVING FUND $14,319.28 AUTOS P/W REVOLVING FUND $14,319.28 AUTOS P/W REVOLVING FUND <*> $65,115.94* 42155 05/20/1996 $24.50 JUDY NEIDERT LESSONS/CLASSES POOL LESSONS <*> $24.50* 42156 05/20/1996 $74.48 JULIE HOEFT TRAINING SUPPLIES POOL OPERATIONS <*> $74.48* 42157 05/20/1996 $129.08 KINKOS INC TRAINING SUPPLIES POOL LESSONS $129.08 TRAINING SUPPLIES POOL OPERATIONS COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 7 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $258.16* 42158 05/20/1996 $15.00 MEMA CONFERENCE CIVIL DEFENSE <*> $15.00* 42159 05/20/1996 $1,000.00 MINNESOTA DEPT OF HEALTH LICENSES & TAXES WATER TREATMENT PLANT <*> $1,000.00* 42160 05/20/1996 $100.00 MINNESOTA RECREATION AND PARK CONFERENCE IN SERVICE TRAINING <*> $100.00* 42161 05/20/1996 $779.65 NATIONAL FIRE PROTECTION ASSOC FIRE PREVENTION SUPPLIES FIRE <*> $779.65* 42162 05/20/1996 $6.38 NICOLE HARDESTY SAFETY SUPPLIES POOL OPERATIONS <*> $6.38* 42163 05/20/1996 $129.20 RED WING SHOE STORE CLOTHING & UNIFORMS WATER UTILITY-GEN <*> $129.20* 42164 05/20/1996 $118.00 SEMINARS INTERNATIONAL LICENSES & TAXES WATER TREATMENT PLANT <*> $118.00* 42165 05/20/1996 $23.96 SISINNI FOOD SERVICE OTHER CONTRACTED SERVICES IN SERVICE TRAINING $63.26 MISCELLANEOUS IN SERVICE TRAINING $24.23 MISCELLANEOUS IN SERVICE TRAINING $93.13 MISCELLANEOUS IN SERVICE TRAINING <*> $204.58* 42166 05/20/1996 $20.00 SOUTHTOWN PLUMBING SYSTEM ACCESS-WATER FD 10 ORG <*> $20.00* 42167 05/20/1996 $260.00 UNIVERSITY OF ST THOMAS LICENSES & TAXES WATER UTILITY-GEN <*> $260.00* 42168 05/20/1996 $290.00 US POSTMASTER POSTAGE WATER UTILITY-GEN <*> $290.00* 42169 05/20/1996 $40.50 US WEST CELLULAR TELEPHONE SEWER UTILITY-GEN $40.50 TELEPHONE WATER UTILITY-GEN COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 8 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42169 05/20/1996 $26.92 US WEST CELLULAR TELEPHONE GENERAL $26.92 TELEPHONE INSPECTION-ADM -$4.44 TELEPHONE GENERAL BLDG FACILITIES $508.63 TELEPHONE POLICE $110.89 TELEPHONE FIRE $115.98 TELEPHONE STREET MAINT $178.09 TELEPHONE PARK MAINT <*> $1,043.99* 42170 05/20/1996 $425.77 US WEST COMMUNICATIONS TELEPHONE SEWER LIFTSTATION $48.93 TELEPHONE WATER UTILITY-GEN $1,035.10 TELEPHONE GENERAL $1,320.41 COMMUNICATIONS POLICE $137.62 TELEPHONE POLICE $61.35 TELEPHONE FIRE $111.94 TELEPHONE COMMUNITY CENTER ADMIN <*> $3,141.12* 42171 05/22/1996 $265.00 LEAGUE OF MINNESOTA CITIES CONFERENCE IN SERVICE TRAINING $265.00 CONFERENCE IN SERVICE TRAINING $185.00 CONFERENCE IN SERVICE TRAINING <*> $715.00* 42172 05/22/1996 $703.45 LEAGUE OF MINNESOTA CITIES INS INSURANCE GENERAL <*> $703.45* 42173 05/22/1996 $49,005.00 METROPOLITIAN COUNCIL SYSTEM ACCESS-SEWER SEWER DEPT $25,789.50 SYSTEM ACCESS-SEWER SEWER DEPT <*> $74,794.50* 42174 05/22/1996 $3,827.50 MINNESOTA STATE TREASURER BLDG SURCHARGES BLDG SURCHARGE $265.95 BLDG SURCHARGES MECH SURCHARGE $62.00 BLDG SURCHARGES PLUMBING SURCHARGE -$83.10 OTHER REVENUE FD 10 ORG <*> $4,072.35* 42175 05/22/1996 $1,500.00 NASD ARBITRATION LEGAL SERVICE LEGAL COUSEL <*> $1,500.00* 42176 05/22/1996 $15.00 STEVEN CLAY LICENSES & TAXES ASSESSING-ADM COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM sage 9 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $15.00* 42177 05/22/1996 $1,065.18 WINGFIELD PERFORMANCE ENGINEER EQUIPMENT PARTS EQUIPMENT MAINT $1,166.47 CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $2,231.65* 42178 05/23/1996 $42.00 A R WEILER ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM <*> $42.00* 42179 05/23/1996 $16.00 ANN ANDERSON LESSONS/CLASSES ICE ARENA <*> $16.00* 42180 05/23/1996 $11.00 BARBARA BLACKWELL SPECIAL EVENTS FEES SPRING SKILL DEVELOP $6.20 LESSONS/CLASSES POOL LESSONS <*> $17.20* 42181 05/23/1996 $8.00 BETH NILSSON LESSONS/CLASSES POOL LESSONS <*> $8.00* 0 42182 05/23/1996 $48.00 CARRIE BUTLER SR CITIZENS/ADULT PROG FEES ADULT PROGRAM <*> $48.00* 42183 05/23/1996 $35.00 CHARLENE SPARTZ LESSONS/CLASSES POOL LESSONS <*> $35.00* 42184 05/23/1996 $42.00 DAVID EWEL ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM <*> $42.00* 42185 05/23/1996 $25.00 DEBBIE HANSON LESSONS/CLASSES POOL LESSONS <*> $25.00* 42186 05/23/1996 $28.00 DEBORAH DESANTIS LESSONS/CLASSES POOL LESSONS <*> $28.00* 42187 05/23/1996 $12.00 ERIC SWANSTROM ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP <*> $12.00* . 42188 05/23/1996 $20.00 GAIL YOST ADULT/YOUTH/OUTDOOR CTR PROG KIDS KORNER <*> $20.00* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 10 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42189 05/23/1996 $52.21 HELEN FAULISE PHOTO SUPPLIES SENIOR AWARENESS N16 <*> $52.21* 42190 05/23/1996 $27.00 JESSIE KOP-JUOLA LESSONS/CLASSES POOL LESSONS <*> $27.00* 42191 05/23/1996 $27.00 JOAN LIND LESSONS/CLASSES POOL LESSONS <*> $27.00* 42192 05/23/1996 $26.00 JOAN OLSON LESSONS/CLASSES ICE ARENA <*> $26.00* 42193 05/23/1996 $3.50 JOANN PEHLER LESSONS/CLASSES POOL LESSONS <*> $3.50* 42194 05/23/1996 $28.00 JOANN SYVERSON LESSONS/CLASSES POOL LESSONS <*> $28.00* 42195 05/23/1996 $13.00 JUDITH LEWIS ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP <*> $13.00* 42196 05/23/1996 $12.00 JUDY BAURASSA ADULT/YOUTH/OUTDOOR CTR PROG SPORTS/SPECIAL CAMPS $74.00 ADULT/YOUTH/OUTDOOR CTR PROG SPORTS/SPECIAL CAMPS $12.00 ADULT/YOUTH/OUTDOOR CTR PROG SPORTS/SPECIAL CAMPS $74.00 ADULT/YOUTH/OUTDOOR CTR PROG SPORTS/SPECIAL CAMPS <*> $172.00* 42197 05/23/1996 $3.50 JULIE NORDBERG LESSONS/CLASSES OAK POINT LESSONS <*> $3.50* 42198 05/23/1996 $26.00 KAREN HOLCOMMB LESSONS/CLASSES ICE ARENA <*> $26.00* 42199 05/23/1996 $44.00 KATHY LATHAM ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND <*> $44.00* 42200 05/23/1996 $46.66 LISA JENSEN ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP <*> $46.66* 42201 05/23/1996 $15.00 LISA MOORE ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 11 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $15.00* 42202 05/23/1996 $24.00 LOUANN NARLOCH ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS $24.00 ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS <*> $48.00* 42203 05/23/1996 $15.00 MARY BORNS ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP <*> $15.00* 42204 05/23/1996 $12.00 MAURIZIO ANGELILLO ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP <*> $12.00* 42205 05/23/1996 $12.00 MICHAEL MJOEN ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP <*> $12.00* 42206 05/23/1996 $3,164.85 MINNESOTA STATE TREASURER BLDG SURCHARGES BLDG SURCHARGE $265.30 BLDG SURCHARGES MECH SURCHARGE $76.00 BLDG SURCHARGES PLUMBING SURCHARGE -$70.12 OTHER REVENUE FD 10 ORG $3,436.03* 42207 05/23/1996 $27.00 NINA CHANDIRAMANI LESSONS/CLASSES POOL LESSONS <*> $27.00* 42208 05/23/1996 $42.00 PEGGY IRRTHUM LESSONS/CLASSES ICE ARENA <*> $42.00* 42209 05/23/1996 $42.00 SANDRA EWEL ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM <*> $42.00* 42210 05/23/1996 $12.00 SHANNON ENRIGHT ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP <*> $12.00* 42211 05/23/1996 $52.00 SHARON NOLAN ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND <*> $52.00* 42212 05/23/1996 $31.00 SOUTHWEST METRO CHEMICALS KIDS KORNER <*> $31.00* 42213 05/23/1996 $12.00 STEVEN NYROP ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 12 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $12.00* 42214 05/23/1996 $78.00 VIJAY KRISHNA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP <*> $78.00* 42215 05/24/1996 $264.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES REC SUPERVISOR <*> $264.00* 42216 05/24/1996 $48.00 BETTY JONES ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP <*> $48.00* 42217 05/24/1996 $30.00 BRAD DODDS ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SAFETY CAMP <*> $30.00* 42218 05/24/1996 $36.00 HOLLY PETERSON LESSONS/CLASSES ICE ARENA <*> $36.00* 42219 05/24/1996 $311.95 HYATT REGENCY HOTEL-CHICAGO CONFERENCE IN SERVICE TRAINING <*> $311.95* 42220 05/24/1996 $191.68 JACK SCHEPERS FURNITURE & FIXTURES PRAIRE VIEW LIQUOR #3 <*> $191.68* 42221 05/24/1996 $54.95 JAY BREKKE SR CITIZENS/ADULT PROG FEES ADULT PROGRAM <*> $54.95* 42222 05/24/1996 $32.00 JERRY PRODOEHL CONFERENCE IN SERVICE TRAINING <*> $32.00* 42223 05/24/1996 $460.50 MAINLINE CRUISE AND TRAVEL CRIME FUND TO REIMBURSE ESCROW <*> $460.50* 42224 05/24/1996 $48.00 NANCY LUKENS ADULT/YOUTH/OUTDOOR CTR PROG JUNIOR PLAYGROUND <*> $48.00* 42225 05/24/1996 $464.00 NATALIE SWAGGERT CONFERENCE IN SERVICE TRAINING <*> $464.00* 42226 05/24/1996 $112.50 NOELLE K ROBICHON SPECIAL EVENTS FEES SPRING SKILL DEVELOP <*> $112.50* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 13 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42227 05/24/1996 $8.28 PAM KLOOS OPERATING SUPPLIES-GENERAL KIDS KORNER <*> $8.28* 42228 05/24/1996 $29.00 ROB SMETANA REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS <*> $29.00* 42229 05/24/1996 $27.00 SHERI MILLER LESSONS/CLASSES POOL LESSONS <*> $27.00* 42230 05/24/1996 $33.75 SISINNI FOOD SERVICE LABOR MGMT MEETING IN SERVICE TRAINING $63.26 COUNCIL WORKSHOP 04/30/96 IN SERVICE TRAINING $10.81 STAFF MEETING 05/01/96 IN SERVICE TRAINING $241.92 AWARDS BANQUET COUNCIL <*> $349.74* 42231 05/24/1996 $5.00 WILLIAM FOSTER ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP <*> $5.00* 42232 05/28/1996 $311.95 HYATT REGENCY HOTEL-CHICAGO CONFERENCE IN SERVICE TRAINING 1: <*> $311.95* 42233 05/29/1996 $961.75 CITY OF RICHFIELD AUTOS P/R REVOLVING FD <*> $961.75* 42234 05/29/1996 $25.00 SENSIBLE LAND USE COALITION MEETING EXPENSES IN SERVICE TRAINING <*> $25.00* 42235 05/29/1996 $75.00 SENSIBLE LAND USE COALITION MEETING EXPENSES IN SERVICE TRAINING <*> $75.00* 42236 05/29/1996 $100.00 ANOKA POLICE DEPARTMENT SCHOOLS POLICE <*> $100.00* 42237 05/29/1996 $395.00 BROOKLYN PARK POLICE TRAINING SCHOOLS POLICE <*> $395.00* 42238 05/29/1996 $100.00 CHRIS ENGER OAK POINT POOL CHANGE FUND IN SERVICE TRAINING <*> $100.00* 42239 05/29/1996 $585.00 FUN CHARACTERS PROFESSIONAL SERVICES OAK POINT SPECIAL EVENTS COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 14 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $585.00* 42240 05/29/1996 $1,584.72 GREAT AMERICAN MARINE FURNITURE & FIXTURES ROUND LAKE MARINA <*> $1,584.72* 42241 05/29/1996 $775.77 HALBERG MARINE FURNITURE & FIXTURES ROUND LAKE MARINA <*> $775.77* 42242 05/29/1996 $200.00 JOEL WESTACOTT PROFESSIONAL SERVICES OAK POINT SPECIAL EVENTS <*> $200.00* 42243 05/29/1996 $62.00 MINNESOTA DEPARTMENT OF NATURA OFFICE SUPPLIES PARK MAINT <*> $62.00* 42244 05/29/1996 $30.00 PETTY CASH CC CHANGE FUND FD 10 ORG $100.00 OAK POINT POOL CHANGE FUND FD 10 ORG <*> $130.00* 42245 05/29/1996 $2,502.75 SEVEN SEAS FURNITURE & FIXTURES ROUND LAKE MARINA ` <*> $2,502.75* _�142246 05/29/1996 $3,009.91 US POSTMASTER POSTAGE COMMUNITY SERVICES <*> $3,009.91* 42247 05/29/1996 $194.52 US POSTMASTER POSTAGE REC SUPERVISOR <*> $194.52* 42248 06/04/1996 $10.65 A T & T WIRELESS SERVICES TELEPHONE COMMUNITY CENTER ADMIN <*> $10.65* 42249 06/04/1996 $325.11 A T & T TELEPHONE WATER TREATMENT PLANT <*> $325.11* 42250 06/04/1996 $257.63 A TO Z RENTAL CENTER RENTALS WATER SYSTEM MAINT <*> $257.63* 42251 06/04/1996 $8,148.77 ALL GOALS INC OPERATING SUPPLIES-GENERAL MILLER PARK <*> $8,148.77* 42252 06/04/1996 $8,997.50 ALLIED BLACKTOP CO SWEEPING STORM DRAINAGE COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 15 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $8,997.50* 42253 06/04/1996 $75.00 AMERICAN BANK N A PAYING AGENT B & PAYMENTS $372.85 PAYING AGENT B & I PAYMENTS <*> $447.85* 42254 06/04/1996 $104.74 AMERICAN LINEN DIRECT SALES OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3 <*> $104.74* 42255 06/04/1996 $1,815.81 AMERICAN RED CROSS TRAINING SUPPLIES POOL OPERATIONS $293.67 REC EQUIP & SUPPLIES POOL LESSONS <*> $2,109.48* 42256 06/04/1996 $2,981.85 AMERICAN WATER WORKS ASSOCIATI TRAINING SUPPLIES WATER UTILITY-GEN $93.25 TRAINING SUPPLIES WATER UTILITY-GEN <*> $3,075.10* 42257 06/04/1996 -$26.63 AMERIDATA INC OPERATING SUPPLIES-GENERAL PARK MAINT $60.71 OPERATING SUPPLIES-GENERAL PARK MAINT $693.32 OFFICE EQUIPMENT WATER UTILITY-GEN <*> $727.40* 42258 06/04/1996 $14.90 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL <*> $14.90* 42259 06/04/1996 $780.05 ANCHOR PRINTING COMPANY PRINTING OAK POINT SPECIAL EVENTS <*> $780.05* 42260 06/04/1996 $479.00 ANDYS PICKUP PALACE NEW CAR EQUIPMENT EQUIPMENT MAINT <*> $479.00* 42261 06/04/1996 $150.00 ANNETTE 0 CONNER OTHER CONTRACTED SERVICES ASSESSING-ADM <*> $150.00* 42262 06/04/1996 $28.70 AQUA ENGINEERING INC OPERATING SUPPLIES-GENERAL STREET MAINT $21.03 OPERATING SUPPLIES-GENERAL STREET MAINT <*> $49.73* 42263 06/04/1996 $846.36 AUTO ELECTRIC SERVICE OF BLOOM OPERATING SUPPLIES-GENERAL EQUIPMENT MAINT <*> $846.36* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 16 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42264 06/04/1996 $5,617.88 B & F DISTRIBUTING MOTOR FUELS EQUIPMENT MAINT <*> $5,617.88* 42265 06/04/1996 $114.91 B & S TOOLS EQUIPMENT PARTS WATER SYSTEM MAINT $38.55 EQUIPMENT PARTS WATER METER REPAIR $47.79 EQUIPMENT PARTS WATER SYSTEM MAINT $76.89 REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT $100.00 REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT $66.19 REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT $25.51 SMALL TOOLS EQUIPMENT MAINT <*> $469.84* 42266 06/04/1996 $2,196.56 BAILEY NURSERIES INC LANDSCAPE MTLS & AG SUPPL REFORESTATION $543.15 LANDSCAPE MTLS & AG SUPPL . REFORESTATION $1,094.29 LANDSCAPE MTLS & AG SUPPL REFORESTATION $631.01 LANDSCAPE MTLS & AG SUPPL REFORESTATION $231.64 LANDSCAPE MTLS & AG SUPPL REFORESTATION <*> $4,696.65* `+ 42267 06/04/1996 $79.86 BATTERIES PLUS OPERATING SUPPLIES-GENERAL PARK MAINT _+ <*> $79.86* 42268 06/04/1996 $414.92 BAUER BUILT TIRE AND BATTERY EQUIPMENT PARTS EQUIPMENT MAINT $103.31 EQUIPMENT PARTS EQUIPMENT MAINT $25.69 EQUIPMENT PARTS EQUIPMENT MAINT <*> $543.92* 42269 06/04/1996 $80.00 BCA/TRAINING & DEVELOPMENT SCHOOLS POLICE $40.00 SCHOOLS POLICE $25.00 SCHOOLS POLICE <*> $145.00* 42270 06/04/1996 $167.74 BECKER ARENA PRODUCTS INC OPERATING SUPPLIES-GENERAL MILLER PARK <*> $167.74* 42271 06/04/1996 $31.95 BELLBOY CORPORATION OPERATING SUPPLIES-GENERAL PRESERVE LIQUOR #2 $70.24 MISC NON-TAXABLE PRESERVE LIQUOR #2 $20.40 OPERATING SUPPLIES-GENERAL PRESERVE LIQUOR #2 $77.20 OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3 $163.90 MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 17 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42271 06/04/1996 $74.20 BELLBOY CORPORATION MISC NON-TAXABLE PRAIRIE VILLAGE LIQUOR #1 $50.87 MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 $38.50 OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3 $34.92 MISC NON-TAXABLE PRESERVE LIQUOR #2 $51.65 OPERATING SUPPLIES-GENERAL PRESERVE LIQUOR #2 $192.36 MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 <*> $806.19* 42272 06/04/1996 $215.26 BIFFS INC WASTE DISPOSAL ADA PROGRAMS $184.54 WASTE DISPOSAL PARK MAINT $54.26 WASTE DISPOSAL PARK MAINT $70.02 WASTE DISPOSAL PARK MAINT $73.51 WASTE DISPOSAL PARK MAINT $263.86 WASTE DISPOSAL ADA PROGRAMS $419.07 WASTE DISPOSAL PARK MAINT $73.51 WASTE DISPOSAL PARK MAINT $298.59 WASTE DISPOSAL ADA PROGRAMS $73.51 WASTE DISPOSAL PARK MAINT $220.53 WASTE DISPOSAL PARK MAINT $73.51 WASTE DISPOSAL PARK MAINT $220.53 WASTE DISPOSAL PARK MAINT $75.27 WASTE DISPOSAL PARK MAINT $75.27 WASTE DISPOSAL PARK MAINT $133.03 WASTE DISPOSAL PARK MAINT $263.86 WASTE DISPOSAL ADA PROGRAMS $75.27 WASTE DISPOSAL PARK MAINT $298.59 WASTE DISPOSAL ADA PROGRAMS $75.27 WASTE DISPOSAL PARK MAINT $215.26 WASTE DISPOSAL ADA PROGRAMS $150.54 WASTE DISPOSAL PARK MAINT $75.27 WASTE DISPOSAL PARK MAINT $998.51 WASTE DISPOSAL PARK MAINT $298.59 WASTE DISPOSAL ADA PROGRAMS $54.26 WASTE DISPOSAL PARK MAINT $73.51 WASTE DISPOSAL PARK MAINT $75.27 WASTE DISPOSAL PARK MAINT $77.02 WASTE DISPOSAL PARK MAINT $54.26 WASTE DISPOSAL PARK MAINT $73.51 • WASTE DISPOSAL PARK MAINT <*> $5,383.26* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 18 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42275 06/04/1996 $373.12 BILL CLARK OIL CO INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT <*> $373.12* 42276 06/04/1996 $40.00 BILL DROEGER OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT <*> $40.00* 42277 06/04/1996 $307,305.77 BLACK & VEATCH DESIGN & CONST 10 MGD WATER PLANT EXPANSION <*> $307,305.77* 42278 06/04/1996 $144.13 BLOOMINGTON LOCK AND SAFE REPAIR & MAINT SUPPLIES WATER UTILITY-GEN $59.48 CONTRACTED BLDG REPAIRS WATER WELL #8 $59.49 CONTRACTED BLDG REPAIRS WATER WELL #9 $8.52 OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT $41.66 CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT <*> $313.28* 42279 06/04/1996 $50.00 BOB LUNDEEN OTHER CONTRACTED SERVICES ADULT HOCKEY <*> $50.00* `�42280 06/04/1996 $64.00 BRENDA JERDE PROFESSIONAL SERVICES VOLLEYBALL <*> $64.00* 42281 06/04/1996 $996.00 BRIAN MCGRAW WAGES CONTRACTED FIRE <*> $996.00* 42282 06/04/1996 $255.34 BRO-TEX INC SMALL TOOLS EQUIPMENT MAINT <*> $255.34* 42283 06/04/1996 $844.90 BRW INC PROFESSIONAL SERVICES DELL ROAD <*> $844.90* 42284 06/04/1996 $83.33 BUREAU OF ALCOHOL TOBACCO AND LICENSES & TAXES PRAIRIE VILLAGE LIQUOR #1 $83.33 LICENSES & TAXES PRESERVE LIQUOR #2 $83.34 LICENSES & TAXES PRAIRE VIEW LIQUOR #3 <*> $250.00* 42285 06/04/1996 $569.78 CAPITOL COMMUNICATIONS NEW CAR EQUIPMENT EQUIPMENT MAINT $28.76 NEW CAR EQUIPMENT EQUIPMENT MAINT -$58.58 NEW CAR EQUIPMENT EQUIPMENT MAINT <*> $539.96* 44 COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 19 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42286 06/04/1996 $150.00 CAROL STANDAL OTHER CONTRACTED SERVICES ASSESSING-ADM <*> $150.00* 42287 06/04/1996 $164.59 CATCO CLUTCH & TRANSMISSION SE EQUIPMENT PARTS EQUIPMENT MAINT $3.83 EQUIPMENT PARTS EQUIPMENT MAINT <*> $168.42* 42288 06/04/1996 $60.00 CENTRAIRE INC CONTRACTED BLDG REPAIRS PUBLIC WORKS/PARKS l $290.29 CONTRACTED BLDG REPAIRS POLICE STATION $325.05 CONTRACTED BLDG MAINT SENIOR CENTER <*> $675.34* 42289 06/04/1996 $1,268.00 CHARLES E SIEBERT WAGES CONTRACTED FIRE <*> $1,268.00* 42290 06/04/1996 $594.00 CHARLES FERN WAGES CONTRACTED FIRE <*> $594.00* 42291 06/04/1996 $3,484.00 CHARLES SCHAITBERGER WAGES CONTRACTED FIRE <*> $3,484.00* 42292 06/04/1996 $796.00 CHRISTOPHER KORWES WAGES CONTRACTED FIRE <*> $796.00* 42293 06/04/1996 $1,270.00 CHUCK GOBLE WAGES CONTRACTED FIRE <*> $1,270.00* 42294 06/04/1996 $120.00 CITY ENGINEERS ASSOC OF MINNES DUES & SUBSCRIPTIONS IN SERVICE TRAINING <*> $120.00* 42295 06/04/1996 $350.00 CITY OF BLOOMINGTON KENNEL SERVICE ANIMAL WARDEN PROJECT <*> $350.00* 42296 06/04/1996 $270.00 CITY OF EDINA CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE <*> $270.00* 42297 06/04/1996 $413.10 CITY OF RICHFIELD SPECIAL EVENTS FEES ADULT PROGRAM <*> $413.10* 42298 06/04/1996 $306.08 CONNEY SAFETY PRODUCTS REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 20 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $306.08* 42299 06/04/1996 $150.00 CONSTRUCTION BULLETIN OPERATING SUPPLIES-GENERAL IN SERVICE TRAINING <*> $150.00* 42300 06/04/1996 $125.00 CRAIG JERDE PROFESSIONAL SERVICES OUTDOOR CTR PROGRAM <*> $125.00* 42301 06/04/1996 $404.30 CURTIN MATHESON SCIENTIFIC INC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT <*> $404.30* 42302 06/04/1996 $1,619.51 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT $1,629.29 CHEMICALS WATER TREATMENT PLANT $1,629.95 CHEMICALS WATER TREATMENT PLANT $1,671.05 CHEMICALS WATER TREATMENT PLANT $1,650.83 CHEMICALS WATER TREATMENT PLANT $1,665.83 CHEMICALS WATER TREATMENT PLANT 42303 06/04/1996 $97.00 D C HEY COMPANY CONTRACTED EQUIP REPAIR WATER UTILITY-GEN $28.60 OPERATING SUPPLIES-GENERAL INSPECTION-ADM $51.97 RENTALS FIRE <*> $177.57* 42304 06/04/1996 $61.00 DANYS TAILOR CLOTHING & UNIFORMS POLICE <*> $61.00* 42305 06/04/1996 $120.00 DAWN CARDARELLE OTHER CONTRACTED SERVICES ACCESSIBILITY <*> $120.00* 42306 06/04/1996 $325.00 DEPARTMENT OF PUBLIC SAFETY LICENSES & TAXES WATER UTILITY-GEN <*> $325.00* 42307 06/04/1996 $1,144.00 DEREK PETERSON WAGES CONTRACTED FIRE <*> $1,144.00* 42308 06/04/1996 $150.00 DICK SAGER OTHER CONTRACTED SERVICES ASSESSING-ADM <*> $150.00* 42309 06/04/1996 $2,134.00 DONALD OVERBEY WAGES CONTRACTED FIRE COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 21 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $2,134.00* 42310 06/04/1996 $2,148.00 DOUG THIS WAGES CONTRACTED FIRE <*> $2,148.00* 42311 06/04/1996 $22.00 DOUG ZEIMER OPERATING SUPPLIES-GENERAL STREET MAINT <*> $22.00* 42312 06/04/1996 $846.00 DOUGLES ANDREWS WAGES CONTRACTED FIRE <*> $846.00* 42313 06/04/1996 $1,790.00 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT <*> $1,790.00* 42314 06/04/1996 $936.00 DUANE HARRISON WAGES CONTRACTED FIRE <*> $936.00* 42315 06/04/1996 $285.19 DYNA SYSTEMS REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT )... $423.87 REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 1—<*> $709.06* 42316 06/04/1996 $152.00 DYNAMIC GRAPHICS INC OPERATING SUPPLIES-GENERAL COMMUNITY BROCHURE <*> $152.00* 42317 06/04/1996 $509.23 EARL F ANDERSON SIGNS TRAFFIC SIGNALING $136.85 SIGNS TRAFFIC SIGNALING $22.73 REPAIR & MAINT SUPPLIES EDEN VALLEY PARK <*> $668.81* 42318 06/04/1996 $62.00 EDEN PRAIRIE CHAMBER OF COMMER MEETING EXPENSES IN SERVICE TRAINING <*> $62.00* 42319 06/04/1996 $155.55 EDEN PRAIRIE FORD CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $155.55* 42320 06/04/1996 $450.00 EDEN PRAIRIE HIGH SCHOOL SPECIAL EVENTS FEES REC SUPERVISOR $100.00 OTHER CONTRACTED SERVICES SENIOR AWARENESS N16 <*> $550.00* 42321 06/04/1996 $330.00 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL VOLLEYBALL COUNCIL CHECK REGISTER THU, MAY 30,* 1996, 11:42 AM page 22 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42321 06/04/1996 $1,680.00 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL BASKETBALL $1,254.00 GYM RENTAL ADULT OPEN GYM $648.00 GYM RENTAL ADULT OPEN GYM $495.00 GYM RENTAL VOLLEYBALL $54.00 BLDG RENTAL ADULT PROGRAM $79.04 OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT $19.84 OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT $70.00 BLDG RENTAL ART & MUSIC $432.00 GYM RENTAL BASKETBALL $60.00 BLDG RENTAL ADULT PROGRAM $165.00 GYM RENTAL SPRING SKILL DEVELOP $210.00 GYM RENTAL VOLLEYBALL $45.00 MEETING EXPENSES IN SERVICE TRAINING <*> $5,541.88* 42323 06/04/1996 $900.00 EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL TREE REMOVAL <*> $900.00* 1ib 42324 06/04/1996 $77.85 ELVIN SAFETY SUPPLY INC REPAIR & MAINT SUPPLIES SEWER SYSTEM MAINT 04 $562.07 CONTRACTED EQUIP REPAIR SEWER SYSTEM MAINT <*> $639.92* 42325 06/04/1996 $105.00 EMERGENCY APPARATUS MAINTENANC EQUIPMENT TESTING & CERT FIRE $250.00 EQUIPMENT TESTING & CERT FIRE <*> $355.00* 42326 06/04/1996 $66.96 EMI OPERATING SUPPLIES-GENERAL ART & MUSIC <*> $66.96* 42327 06/04/1996 $950.00 EMMETT J STARK OTHER CONTRACTED SERVICES ART & MUSIC <*> $950.00* 42328 06/04/1996 $74.00 ENGINEERING NEWS RECORD OPERATING SUPPLIES-GENERAL IN SERVICE TRAINING <*> $74.00* 42329 06/04/1996 $1,728.00 FISHER ENTERPRISE CONTRACTED REPAIR & MAINT WATER WELL #10 $2,372.00 CONTRACTED REPAIR & MAINT WATER SYSTEM MAINT $1,234.00 CONTRACTED REPAIR & MAINT WATER SYSTEM MAINT $1,261.00 CONTRACTED REPAIR & MAINT WATER SYSTEM MAINT $1,600.00 CONTRACTED REPAIR & MAINT SEWER SYSTEM MAINT COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 23 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $8,195.00* 42330 06/04/1996 $1,591.96 FLEXIBLE PIPE TOOL COMPANY EQUIPMENT PARTS SEWER SYSTEM MAINT <*> $1,591.96* 42331 06/04/1996 $360.00 FOCUSED TRAINING SYSTEMS INC CONFERENCE IN SERVICE TRAINING <*> $360.00* 42332 06/04/1996 $966.00 FRANK J WEBBER WAGES CONTRACTED FIRE <*> $966.00* 42333 06/04/1996 $71.44 G & K SERVICES-MPLS INDUSTRIAL OPERATING SUPPLIES-GENERAL PARK MAINT $12.89 CLOTHING & UNIFORMS WATER TREATMENT PLANT $53.17 CLOTHING & UNIFORMS EQUIPMENT MAINT $183.19 CLOTHING & UNIFORMS STREET MAINT $173.84 CLOTHING & UNIFORMS PARK MAINT $714.56 OPERATING SUPPLIES-GENERAL WATER UTILITY-GEN $475.90 CLOTHING & UNIFORMS WATER UTILITY-GEN ` $188.97 CLOTHING & UNIFORMS SEWER UTILITY-GEN 7� <*> $1,873.96* 42334 06/04/1996 $45.00 GALAXY COMPUTER SERVICES CONTRACTED REPAIR & MAINT INFORMATION SYSTEM <*> $45.00* 42335 06/04/1996 $656.00 GARY GOULD WAGES CONTRACTED FIRE <*> $656.00* 42336 06/04/1996 $414.00 GARY ISAACS OPERATING SUPPLIES-GENERAL SOFTBALL $234.00 OPERATING SUPPLIES-GENERAL VOLLEYBALL $45.00 OPERATING SUPPLIES-GENERAL SPECIAL EVENTS <*> $693.00* 42337 06/04/1996 $1,620.00 GARY MEYER WAGES CONTRACTED FIRE <*> $1,620.00* 42338 06/04/1996 $894.00 GARY RADTKE WAGES CONTRACTED FIRE <*> $894.00* 42339 06/04/1996 $630.00 GENE DAHLKE WAGES CONTRACTED FIRE <*> $630.00* I COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 24 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42340 06/04/1996 $33.02 GENERAL OFFICE PRODUCTS COMPAN OFFICE SUPPLIES WATER TREATMENT PLANT $6.85 OFFICE SUPPLIES WATER UTILITY-GEN $80.39 OFFICE SUPPLIES WATER UTILITY-GEN $8.06 OFFICE SUPPLIES WATER UTILITY-GEN $83.86 OFFICE SUPPLIES WATER UTILITY-GEN $357.70 OFFICE SUPPLIES WATER TREATMENT PLANT $30.25 OFFICE SUPPLIES WATER TREATMENT PLANT $51.34 OFFICE SUPPLIES WATER UTILITY-GEN $10.42 OFFICE SUPPLIES FIRE <*> $661.89* 42341 06/04/1996 $1,618.00 GEORGE ESBENSEN WAGES CONTRACTED FIRE <*> $1,618.00* 42342 06/04/1996 $836.00 GEORGE OSWALD WAGES CONTRACTED FIRE <*> $836.00* 42343 06/04/1996 $1,574.00 GERALD BOHN WAGES CONTRACTED FIRE 42344 06/04/1996 $8,676.56 GOLD STAR PRINTING INC PRINTING COMMUNITY BROCHURE <*> $8,676.56* 42345 06/04/1996 $1,186.20 GOODYEAR COMMERCIAL TIRE & SER TIRES EQUIPMENT MAINT <*> $1,186.20* 42346 06/04/1996 $191.70 GRACELAND GRAPHICS INC OPERATING SUPPLIES-GENERAL WATER UTILITY-GEN $191.70 OPERATING SUPPLIES-GENERAL SEWER UTILITY-GEN <*> $383.40* 42347 06/04/1996 $143.78 GRAFIX SHOPPE BUILDING MATERIALS EQUIPMENT MAINT <*> $143.78* 42348 06/04/1996 $128.40 GREATTAPES CORPORATION PROFESSIONAL SERVICES POLICE <*> $128.40* 42349 06/04/1996 $622.00 GREG GUNDERSON WAGES CONTRACTED FIRE <*> $622.00* 42350 06/04/1996 $597.49 GUNNAR ELECTRIC CO INC OTHER CONTRACTED SERVICES ROUND LAKE COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 25 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $597.49* 42351 06/04/1996 $126.80 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT <*> $126.80* 42352 06/04/1996 $6,363.66 HANSEN THORP PELLINEN OLSON PROFESSIONAL SERVICES PAFKO 2ND ADDITION <*> $6,363.66* 42353 06/04/1996 $346.29 HARMON GLASS COMPANY CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $346.29* 42354 06/04/1996 $23,290.49 HAYDEN-MURPHY EQUIPMENT COMPAN AUTOS P/W REVOLVING FUND <*> $23,290.49* 42355 06/04/1996 $244.50 HENNEPIN COUNTY PUBLIC RECORDS RECORDING DOCUMENT FEE ENGINEERING DEPT <*> $244.50* 42356 06/04/1996 $25.00 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 1,4„.)<*> $25.00* 4 42357 06/04/1996 $2,131.50 HIGHVIEW PLUMBING OTHER CONTRACTED SERVICES 1993 REHAB 54044 <*> $2,131.50* 42358 06/04/1996 $1,115.59 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL PARK MAINT <*> $1,115.59* 42359 06/04/1996 $470.00 HONEYWELL INC OTHER CONTRACTED SERVICES PRESERVE LIQUOR #2 <*> $470.00* 42360 06/04/1996 $1,998.00 HONEYWELL INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT <*> $1,998.00* 42361 06/04/1996 $399.08 ICE SKATING INSTITUTE OF AMERI OPERATING SUPPLIES-GENERAL ICE ARENA <*> $399.08* 42362 06/04/1996 $94.18 INDUSTRIAL SUPPLY CO INC EQUIPMENT PARTS EQUIPMENT MAINT <*> $94.18* 42363 06/04/1996 $234.04 INLAND TRUCK PARTS COMPANY EQUIPMENT PARTS EQUIPMENT MAINT <*> $234.04* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 26 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42364 06/04/1996 $200.00 INSTITUTE FOR CORPORATE AND IN SCHOOLS WATER SYSTEM MAINT $100.00 SCHOOLS WATER TREATMENT PLANT <*> $300.00* 42365 06/04/1996 $328.50 ITASCA GREENHOUSE INC LANDSCAPE MTLS & AG SUPPL. REFORESTATION <*> $328.50* 42366 06/04/1996 $290.49 J & B FOAM FABRICATORS INC FURNITURE & FIXTURES OAK POINT OPERATIONS <*> $290.49* 42367 06/04/1996 $99.05 J H LARSON ELECTRICAL COMPANY REPAIR & MAINT SUPPLIES FIRE STATION #1 <*> $99.05* 42368 06/04/1996 $83.48 J J KELLER & ASSOCIATES INC CLEANING SUPPLIES WATER TREATMENT PLANT • $74.03 OPERATING SUPPLIES-GENERAL SAFETY <*> $157.51* . 42369 06/04/1996 $1,578.00 JAIMS GLENN JOHNSON WAGES CONTRACTED FIRE t'i <*> $1,578.00* V 42370 06/04/1996 $59.47 JAMAR TECHNOLOGIES INC OPERATING SUPPLIES-GENERAL ENGINEERING DEPT <*> $59.47* 42371 06/04/1996 $1,962.00 JAMES MROZLA WAGES CONTRACTED FIRE <*> $1,962.00* 42372 06/04/1996 $2,300.00 JAMES PELTIER WAGES CONTRACTED FIRE <*> $2,300.00* 42373 06/04/1996 $75.00 JANET DUBOIS INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM <*> $75.00* 42374 06/04/1996 $25.00 JANE'f' STALPES USE OF PERSONAL AUTO OUTDOOR CTR PROGRAM <*> $25.00* 42375 06/04/1996 $313.47 JANEX INC CLEANING SUPPLIES EP CITY CTR OPERATING COSTS <*> $313.47* 42376 06/04/1996 $876.00 JAY BOHLEN WAGES CONTRACTED FIRE <*> $876.00* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 27 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42377 06/04/1996 $1,048.00 JAY 0 CONNELL WAGES CONTRACTED FIRE 1 <*> $1,048.00* 42378 06/04/1996 $1,132.00 JEFFREY RICHARDS WAGES CONTRACTED FIRE <*> $1,132.00* 42379 06/04/1996 $261.82 JIM HATCH SALES CO SMALL TOOLS STREET MAINT <*> $261.82* 42380 06/04/1996 $137.51 JIM TORNO OPERATING SUPPLIES-GENERAL SPRING SKILL DEVELOP <*> $137.51* 42381 06/04/1996 $18.00 JOE KALENBERG OTHER CONTRACTED SERVICES SOFTBALL <*> $18.00* 42382 06/04/1996 $1,390.00 JOHN BENIK WAGES CONTRACTED FIRE <*> $1,390.00* IJ 42383 06/04/1996 $18.00 JOHN DICKENSON OTHER CONTRACTED SERVICES SOFTBALL _'4, <*> $18.00* J 42384 06/04/1996 $2,190.00 JOHN HOBBS WAGES CONTRACTED FIRE <*> $2,190.00* 42385 06/04/1996 $210.00 JOHN MICHELAN OTHER CONTRACTED SERVICES SOFTBALL <*> $210.00* 42386 06/04/1996 $1,826.00 JOHN RIEGERT WAGES CONTRACTED FIRE <*> $1,826.00* 42387 06/04/1996 $1,228.00 JOHN ROCHFORD WAGES CONTRACTED FIRE <*> $1,228.00* 42388 06/04/1996 $1,296.00 JOHN SKRANKA WAGES CONTRACTED FIRE <*> $1,296.00* 42389 06/04/1996 $810.00 JOSEPH R DOHENY WAGES CONTRACTED FIRE <*> $810.00* 42390 06/04/1996 $966.00 KATHLEEN 0 CONNER WAGES CONTRACTED FIRE COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 28 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $966.00* 42391 06/04/1996 $1,044.00 KEITH OLSON WAGES CONTRACTED FIRE <*> $1,044.00* 42392 06/04/1996 $375.00 KENNETH COMPANIES INC OTHER CONTRACTED SERVICES CEMETARY OPERATION <*> $375.00* 42393 06/04/1996 $1,842.00 KENNETH W KOCH WAGES CONTRACTED FIRE <*> $1,842.00* 42394 06/04/1996 $858.00 KIP SPRINGER WAGES CONTRACTED FIRE <*> $858.00* 42395 06/04/1996 $722.37 KNOX BUILDING MATERIALS BUILDING MATERIALS EDENVALE PARK <*> $722.37* 42396 06/04/1996 $1,262.00 KURT W SCHENDEL WAGES CONTRACTED FIRE N<*> $1,262.00* 42397 06/04/1996 $139.10 LAKE COUNTRY DOOR CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $139.10* 42398 06/04/1996 $69.76 LAKE REGION VENDING MISC TAXABLE PRESERVE LIQUOR #2 $453.44 MISC TAXABLE PRAIRE VIEW LIQUOR #3 $191.84 MISC TAXABLE PRESERVE LIQUOR #2 $366.24 MISC TAXABLE PRAIRE VIEW LIQUOR #3 $444.06 MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 <*> $1,525.34* 42399 06/04/1996 $401.39 LAKELAND FORD TRUCK SALES CONTRACTED REPAIR & MAINT SEWER SYSTEM MAINT <*> $401.39* 42400 06/04/1996 $78,738.30 LAKELAND INC IMPROVEMENT CONTRACTS MARKETCENTER STREETSCAPE <*> $78,738.30* 42401 06/04/1996 $1,371.91 LAMETTRYS COLLISION CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $1,371.91* 42402 06/04/1996 $1,538.00 LANCE BRACE WAGES CONTRACTED FIRE COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 29 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $1,538.00* 42403 06/04/1996 $719.95 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE RESERVE $25.00 LEGAL SERVICE RALF $75.00 LEGAL SERVICE PETERSON/KLEIN ACQUIST $11,516.56 LEGAL SERVICE LEGAL COUSEL $1,627.50 LEGAL SERVICE LEGAL COUSEL $391.25 LEGAL SERVICE SEWER SYSTEM MAINT $10,506.03 LEGAL SERVICE LEGAL COUSEL $621.15 LEGAL SERVICE TEMAN PROPERTY $1,532.05 LEGAL SERVICE RESERVE $363.85 PROFESSIONAL SERVICES TEMAN PROPERTY $10,573.75 LEGAL SERVICE CRIMINAL PROSECUTION <*> $37,952.09* 42404 06/04/1996 $2,024.00 LARRY DOIG WAGES CONTRACTED FIRE <*> $2,024.00* 42405 06/04/1996 $15.12 LAURIE HELLING MEETING EXPENSES ARTS V <*> $15.12* 42406 06/04/1996 $270.00 LEE BRANT OTHER CONTRACTED SERVICES SOFTBALL <*> $270.00* 42407 06/04/1996 $1,032.00 LEE SCHNEIDER WAGES CONTRACTED FIRE <*> $1,032.00* 42408 06/04/1996 $70.00 LINDA KLOECKER OPERATING SUPPLIES-GENERAL ICE SHOW <*> $70.00* 42409 06/04/1996 $216.00 LISA KLOCKZIEM OTHER CONTRACTED SERVICES VOLLEYBALL <*> $216.00* 42410 06/04/1996 $60.00 LOES OIL COMPANY CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $60.00* 42411 06/04/1996 $5.00 LOFFLER BUSINESS SYSTEMS INC OFFICE SUPPLIES POLICE $14,095.28 OTHER EQUIPMENT POLICE $1,867.00 CONTRACTED REPAIR & MAINT GENERAL <*> $15,967.28* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 30 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42412 06/04/1996 $72.00 LYNDELL F FREY OTHER CONTRACTED SERVICES VOLLEYBALL <*> $72.00* 42413 06/04/1996 $1,354.63 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINT $61.65 EQUIPMENT PARTS EQUIPMENT MAINT $362.34 EQUIPMENT PARTS EQUIPMENT MAINT $34.99 EQUIPMENT PARTS EQUIPMENT MAINT <*> $1,813.61* 42414 06/04/1996 $800.00 MARC THIELMAN WAGES CONTRACTED FIRE <*> $800.00* 42415 06/04/1996 $892.00 MARK MASTAIN WAGES CONTRACTED FIRE <*> $892.00* 42416 06/04/1996 $972.00 MARK SNETTING WAGES CONTRACTED FIRE <*> $972.00* 42417 06/04/1996 $2,662.00 MARK VANDENBERGHE WAGES CONTRACTED FIRE <*> $2,662.00* 42418 06/04/t996 $188.51 MAXI-PRINT INC PRINTING POLICE <*> $188.51* 42419 06/04/1996 $707.66 MCNEILUS STEEL INC NEW CAR EQUIPMENT EQUIPMENT MAINT <*> $707.66* 42420 06/04/1996 $196.00 MEDICINE LAKE LINES TRANSPORTATION ADULT PROGRAM <*> $196.00* 42421 06/04/1996 $391.00 MEDICINE LAKE TOURS OPERATING SUPPLIES-GENERAL ADULT PROGRAM $69.00 OPERATING SUPPLIES-GENERAL ADULT PROGRAM <*> $460.00* 42422 06/04/1996 $2,332.00 MICHAEL LADEN WAGES CONTRACTED FIRE <*> $2,332.00* 42423 06/04/1996 $1,288.00 MICHAEL PERSON WAGES CONTRACTED FIRE <*> $1,288.00* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 31 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42424 06/04/1996 $884.00 MICHAEL POWERS WAGES CONTRACTED FIRE <*> $884.00* 42425 06/04/1996 $2,266.00 MICHAEL ROGERS WAGES CONTRACTED FIRE <*> $2,266.00* 42426 06/04/1996 $277.10 MID AMERICA PLACTICS INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT $106.74 REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT <*> $383.84* 42427 06/04/1996 $490.38 MIDWEST ASPHALT CORPORATION PATCHING ASPHALT STREET MAINT $29.87 WASTE BLACKTOP/CONCRETE STREET MAINT $318.31 PATCHING ASPHALT STREET MAINT $296.82 PATCHING ASPHALT STREET MAINT $385.30 PATCHING ASPHALT STREET MAINT <*> $1,520.68* 42428 06/04/1996 $1,275.78 MIDWEST TELETRON INC FURNITURE & FIXTURES ASSESSING-ADM <*> $1,275.78* 1"'" 42429 06/04/1996 $150.00 MIKE BEST OTHER CONTRACTED SERVICES ASSESSING-ADM <*> $150.00* 42430 06/04/1996 $9.00 MIKE MULQUEENY OTHER CONTRACTED SERVICES SOFTBALL <*> $9.00* 42431 06/04/1996 $556.80 MINNEAPOLIS ST PAUL METROPOLIT LAND RENTAL FLYING CLOUD ATHL FIELDS <*> $556.80* 42432 06/04/1996 $178.21 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL <*> $178.21* 42433 06/04/1996 $138.00 MINNESOTA COUNTIES INS TRUST PROFESSIONAL SERVICES SAFETY <*> $138.00* 42434 06/04/1996 $146.49 MINUTEMAN PRESS PRINTING INSPECTION-ADM $134.72 PRINTING INSPECTION-ADM <*> $281.21* 42435 06/04/1996 $70.00 MN BOARD OF AELSLAGID DUES & SUBSCRIPTIONS PARK PLAN & DEVELOP COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 32 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $70.00* 42436 06/04/1996 $10.00 MN CHAPTER INTL ASSOC OF ARSON DUES & SUBSCRIPTIONS POLICE <*> $10.00* 42437 06/04/1996 $320.00 MN WEIGHTS AND MEASURES CONTRACTED REPAIR & MAINT POLICE <*> $320.00* 42438 06/04/1996 $250.00 MTI DISTRIBUTING CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $250.00* 42439 06/04/1996 $568.97 MUNICILITE NEW CAR EQUIPMENT EQUIPMENT MAINT <*> $568.97* 42440 06/04/1996 $800.00 MUSIC THEATRE INTERNATIONAL OPERATING SUPPLIES-GENERAL SUMMER THEATRE <*> $800.00* 42441 06/04/1996 $377.85 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES <*> $377.85* 42442 06/04/1996 $95.00 NFPA DUES & SUBSCRIPTIONS FIRE <*> $95.00* 42443 06/04/1996 $257.71 NORTHERN REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT $498.40 SMALL TOOLS EQUIPMENT MAINT $181.78 NEW CAR EQUIPMENT EQUIPMENT MAINT $42.58 EQUIPMENT PARTS EQUIPMENT MAINT <*> $980.47* 42444 06/04/1996 $217.37 NORTHLAND BUSINESS SYSTEMS OFFICE SUPPLIES GENERAL $237.74 OFFICE SUPPLIES POLICE <*> $455.11* 42445 06/04/1996 $13.00 NRPA PUBLICATIONS CENTER OPERATING SUPPLIES-GENERAL REC SUPERVISOR <*> $13.00* 42446 06/04/1996 $4.84 PAPER WAREHOUSE OPERATING SUPPLIES-GENERAL REC SUPERVISOR <*> $4.84* 42447 06/04/1996 $1,042.00 PATRICIA ENFIELD WAGES CONTRACTED FIRE COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 33 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $1,042.00* 42448 06/04/1996 $864.00 PAUL BROWN OTHER CONTRACTED SERVICES VOLLEYBALL <*> $864.00* 42449 06/04/1996 $19.97 PC WORLD OPERATING SUPPLIES-GENERAL IN SERVICE TRAINING <*> $19.97* 42450 06/04/1996 $975.00 PERFORMANCE DRIVING INC SCHOOLS POLICE <*> $975.00* 42451 06/04/1996 $144.00 PETER SMITH OTHER CONTRACTED SERVICES VOLLEYBALL <*> $144.00* 42452 06/04/1996 $9.89 PETSMART CANINE SUPPLIES POLICE $65.35 CANINE SUPPLIES POLICE <*> $75.24* W 42453 06/04/1996 $123.50 PH WAREHOUSE SALES INC OPERATING SUPPLIES-GENERAL PARK MAINT $47.47 OPERATING SUPPLIES-GENERAL PARK MAINT <*> $170.97* 42454 06/04/1996 $150.00 PHIL OLSON OTHER CONTRACTED SERVICES ASSESSING-ADM <*> $150.00* 42455 06/04/1996 $14.57 POWERTEX SPORTSWEAR INC AWARDS ADULT HOCKEY $1,198.03 AWARDS VOLLEYBALL $123.76 AWARDS SOFTBALL $52.57 AWARDS SOFTBALL $314.78 AWARDS VOLLEYBALL $268.70 CLOTHING & UNIFORMS POLICE $213.90 CLOTHING & UNIFORMS POLICE $247.14 CLOTHING & UNIFORMS POLICE $172.14 CLOTHING & UNIFORMS POLICE $569.20 CLOTHING & UNIFORMS POLICE <*> $3,174.79* 42456 06/04/1996 $232.22 PRAIRIE ELECTRIC COMPANY CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT $232.22 CONTRACTED BLDG REPAIRS WATER WELL #8 <*> $464.44* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 34 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42457 06/04/1996 $62.81 PRECISION BUSINESS SYSTEMS INC OPERATING SUPPLIES-GENERAL PARK/REC ADMIN <*> $62.81* 42458 06/04/1996 $300.00 PREVENTION PLUS INC SCHOOLS SAFETY <*> $300.00* 42459 06/04/1996 $111.13 PROEX PHOTO SYSTEMS PHOTO SUPPLIES POLICE $8.18 PHOTO SUPPLIES FIRE $7.61 OPERATING SUPPLIES-GENERAL SAFETY $5.50 OPERATING SUPPLIES-GENERAL SOCIAL $33.47 VIDEO SUPPLIES COMMUNITY SERVICES $7.12 OPERATING SUPPLIES-GENERAL ASSESSING-ADM $126.22 PHOTO SUPPLIES POLICE $80.16 PHOTO SUPPLIES ASSESSING-ADM $210.06 PHOTO SUPPLIES COMMUNITY SERVICES $8.61 PHOTO SUPPLIES SAFETY $11.37 PHOTO SUPPLIES COMMUNITY DEVELOPMENT $5.85 PHOTO SUPPLIES OUTDOOR CTR PROGRAM <*> $615.28* �+/ 1 42460 06/04/1996 $166.08 PSQ BUSINESS COMMUNICATIONS IN CONTRACTED REPAIR & MAINT FIRE <*> $166.08* 42461 06/04/1996 $312.79 QUALITY FLOW SYSTEMS INC CONTRACTED EQUIP REPAIR SEWER LIFTSTATION <*> $312.79* 42462 06/04/1996 $11.69 RADIO SHACK REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT $42.43 OFFICE SUPPLIES POLICE <*> $54.12* • 42463 06/04/1996 $8.10 RAINBOW FOODS OPERATING SUPPLIES-GENERAL REC SUPERVISOR $114.39 OPERATING SUPPLIES-GENERAL REC SUPERVISOR $49.82 OPERATING SUPPLIES-GENERAL FIRE $19.55 OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM <*> $191.86* 42464 06/04/1996 $924.00 RANDY KIVI WAGES CONTRACTED FIRE <*> $924.00* 42465 06/04/1996 $1,314.00 RAYMOND F CARLSON WAGES CONTRACTED FIRE COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 35 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $1,314.00* 42466 06/04/1996 $77.49 RDO EQUIPMENT CO EQUIPMENT PARTS EQUIPMENT MAINT <*> $77.49* 42467 06/04/1996 $376.90 REBS MARKETING OTHER CONTRACTED SERVICES WATER ACCTG <*> $376.90* 42468 06/04/1996 $166.50 RECREONICS FURNITURE & FIXTURES OAK POINT OPERATIONS <*> $166.50* 42469 06/04/1996 $924.00 REGAN MASSEE WAGES CONTRACTED FIRE <*> $924.00* 42470 06/04/1996 $138.69 RESPOND SYSTEMS OPERATING SUPPLIES-GENERAL SAFETY <*> $138.69* 42471 06/04/1996 $9.00 RICH WESTERBERG OTHER CONTRACTED SERVICES SOFTBALL <*> $9.00* 42472 06/04/1996 $1,882.00 RICHARD DEATON WAGES CONTRACTED FIRE <*> $1,882.00* 42473 06/04/1996 $100.00 RICHARD L MUELLER PHD OPERATING SUPPLIES-GENERAL FIRE <*> $100.00* 42474 06/04/1996 $1,614.00 RICK HAMMERSCHMIDT WAGES CONTRACTED FIRE <*> $1,614.00* 42475 06/04/1996 $236.80 RIEKE CARROLL MULLER ASSOCIATE PROFESSIONAL SERVICES 2MG ELEVATED TANK $445.73 PROFESSIONAL SERVICES CITY W PARKWAY SAME AS IC067 $520.01 PROFESSIONAL SERVICES GOLDEN RIDGE DRIVE $1,132.93 PROFESSIONAL SERVICES TRUNK-TECH DR $476.15 PROFESSIONAL SERVICES SW UTILITY STUDY PHASE II <*> $2,811.62* 42476 06/04/1996 $572.96 RIGID HITCH INCORPORATED NEW CAR EQUIPMENT EQUIPMENT MAINT $271.54 NEW CAR EQUIPMENT EQUIPMENT MAINT <*> $844.50* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 36 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42477 06/04/1996 $31.94 RITZ CAMERA OPERATING SUPPLIES-GENERAL TREE DISEASE <*> $31.94* 42478 06/04/1996 $25.55 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $25.55* 42479 06/04/1996 $1,516.00 ROBERT HAUGEN WAGES CONTRACTED FIRE <*> $1,516.00* 42480 06/04/1996 $1,044.00 ROBERT L GREENINGER WAGES CONTRACTED FIRE <*> $1,044.00* 42481 06/04/1996 $720.00 RODGER SCHMIDTKE WAGES CONTRACTED FIRE <*> $720.00* 42482 06/04/1996 $1,248.00 RODNEY UTING WAGES CONTRACTED FIRE <*> $1,248.00* „.Z 42483 06/04/1996 $156.47 ROGERS SERVICE CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $156.47* 42484 06/04/1996 $1,062.00 SCOTT G SUNDQUIST WAGES CONTRACTED FIRE <*> $1,062.00* 42485 06/04/1996 $1,710.00 SCOTT HANLON WAGES CONTRACTED FIRE <*> $1,710.00* 42486 06/04/1996 $1,616.00 SCOTT JOHNSON WAGES CONTRACTED FIRE <*> $1,616.00* 42487 06/04/1996 $960.00 SCOTT OBERLANDER WAGES CONTRACTED FIRE <*> $960.00* 42488 06/04/1996 $1,188.00 SCOTT SCHRAM WAGES CONTRACTED FIRE <*> $1,188.00* 42489 06/04/1996 $1,722.00 SCOTT TAYLOR WAGES CONTRACTED FIRE <*> $1,722.00* 42490 06/04/1996 $25.30 SEELYE PLASTICS INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 37 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42490 06/04/1996 $180.78 SEELYE PLASTICS INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT <*> $206.08* 42491 06/04/1996 $79.31 SHIELY COMPANY REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT <*> $79.31* 42492 06/04/1996 $142.38 SIGNUM GRAPHIC SYSTEMS INC SEAL COATING CONTRACTED STREET MAINT $36.21 POLICE EQUIPMENT POLICE $109.70 OTHER CONTRACTED SERVICES TRAFFIC SIGNALING <*> $288.29* 42493 06/04/1996 $100.00 SMALL BUSINESS BENEFITS CITY BUILDING RENTAL CITY CENTER OPERATING COSTS <*> $100.00* 42494 06/04/1996 $204.51 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINT $110.18 SMALL TOOLS EQUIPMENT MAINT <*> $314.69* W 42495 06/04/1996 $5.02 SNYDER DRUG OPERATING SUPPLIES-GENERAL AFTER SCHOOL PROGRAM $38.93 OPERATING SUPPLIES-GENERAL ASSESSING-ADM $15.88 OPERATING SUPPLIES-GENERAL AFTER SCHOOL PROGRAM $38.86 OFFICE SUPPLIES POLICE $20.80 CLOTHING & UNIFORMS POLICE <*> $119.49* 42496 06/04/1996 $12.74 SOUTHWEST CONTRACTORS SUPPLY EQUIPMENT PARTS STORM DRAINAGE $46.17 SMALL TOOLS PARK MAINT <*> $58.91* 42497 06/04/1996 $63.00 SOUTHWEST METRO TRANSPORTATION SPECIAL EVENTS/TRIPS <*> $63.00* 42498 06/04/1996 $3,008.00 SPENCER L CONRAD WAGES CONTRACTED FIRE <*> $3,008.00* 42499 06/04/1996 $81.58 SPORTS WORLD USA INC REC EQUIP & SUPPLIES BASKETBALL <*> $81.58* 42500 06/04/1996 $36.61 SPS COMPANIES OPERATING SUPPLIES-GENERAL PARK MAINT <*> $36.61* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 38 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42501 06/04/1996 $128.10 SRF CONSULTING GROUP INC PROFESSIONAL SERVICES DELL ROAD $135.02 PROFESSIONAL SERVICES SCENIC HEIGHTS ROAD $231.21 PROFESSIONAL SERVICES DELL RD TH212 TO 82ND ST <*> $494.33* 42502 06/04/1996 $566.03 ST JOSEPH EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINT <*> $566.03* 42503 06/04/1996 $51.62 ST PAUL BOOK & STATIONERY OPERATING SUPPLIES-GENERAL GENERAL $114.51 OFFICE SUPPLIES GENERAL $18.49 OPERATING SUPPLIES-GENERAL SOFTBALL $16.78 OFFICE SUPPLIES GENERAL $240.91 OFFICE SUPPLIES GENERAL -$16.78 OFFICE SUPPLIES GENERAL $473.16 OFFICE SUPPLIES GENERAL $33.48 OPERATING SUPPLIES-GENERAL RECREATION ADMIN $3.48 OFFICE SUPPLIES GENERAL W $190.96 OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 'Q <*> $1,126.61* 42504 06/04/1996 $142.04 STAN MORGAN & ASSOCIATES INC OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 <*> $142.04* 42505 06/04/1996 $195.00 STAN TEKIELA INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM <*> $195.00* 42506 06/04/1996 $24.82 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 <*> $24.82* 42507 06/04/1996 $1,210.50 STAR TRIBUNE POSTAGE COMMUNITY BROCHURE <*> $1,210.50* 42508 06/04/1996 $23.00 STATE TREASURER STATE OF MN LICENSES & TAXES SEWER UTILITY-GEN <*> $23.00* 42509 06/04/1996 $714.00 STEVE KOERING WAGES CONTRACTED FIRE <*> $714.00* 42510 06/04/1996 $76.00 STEVE VERNSTROM INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM <*> $76.00* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 39 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42511 06/04/1996 $1,632.00 STEVEN HANLON WAGES CONTRACTED FIRE <*> $1,632.00* 42512 06/04/1996 $1,043.98 STREICHERS TRAINING SUPPLIES POLICE -$25.56 TRAINING SUPPLIES POLICE $61.95 CONTRACTED REPAIR & MAINT EQUIPMENT MAINT <*> $1,080.37* 42513 06/04/1996 $273.97 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINT $87.11 EQUIPMENT PARTS EQUIPMENT MAINT $5.24 EQUIPMENT PARTS EQUIPMENT MAINT $45.54 EQUIPMENT PARTS EQUIPMENT MAINT $147.08 EQUIPMENT PARTS EQUIPMENT MAINT $276.37 EQUIPMENT PARTS EQUIPMENT MAINT -$273.97 EQUIPMENT PARTS EQUIPMENT MAINT <*> $561.34* 8,4 42514 06/04/1996 $305.44 SUPERIOR PRODUCTS MFG CO OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 <*> $305.44* 42515 06/04/1996 $95.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CTR-STARING LAKE $95.00 WASTE DISPOSAL OUTDOOR CTR-STARING LAKE <*> $190.00* 42516 06/04/1996 $1,503.00 SYSTEM CONTROL SERVICES CORP CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT <*> $1,503.00* 42517 06/04/1996 $68.16 TENNANT EQUIPMENT PARTS EQUIPMENT MAINT $352.61 REPAIR & MAINT SUPPLIES PARK MAINT <*> $420.77* 42518 06/04/1996 $47.93 THE DALE GREEN COMPANY OPERATING SUPPLIES-GENERAL STREET MAINT <*> $47.93* 42519 06/04/1996 $39.75 THE SAUNDERS GROUP INC SCHOOLS SAFETY <*> $39.75* 42520 06/04/1996 $206.35 THE STATE CHEMICAL MFG CO REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT <*> $206.35* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 40 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42521 06/04/1996 $229.70 THE W GORDAN SMITH COMPANY OPERATING SUPPLIES-GENERAL EQUIPMENT MAINT <*> $229.70* 42522 06/04/1996 $265.92 THE WORK CONNECTION EMPLOYMENT ADVERTISING PARK MAINT <*> $265.92* 42523 06/04/1996 $2,662.00 THOMAS MONTGOMERY WAGES CONTRACTED FIRE <*> $2,662.00* 42524 06/04/1996 $1,390.00 THOMAS SCHMITZ WAGES CONTRACTED FIRE <*> $1,390.00* 42525 06/04/1996 $1,638.00 THOMAS WILSON WAGES CONTRACTED FIRE <*> $1,638.00* 42526 06/04/1996 $2,500.00 TIM SATHER WAGES CONTRACTED FIRE AA <*> $2,500.00* ".. r - 42527 06/04/1996 $2,262.00 TIMOTHY PELTIER WAGES CONTRACTED FIRE <*> $2,262.00* 42528 06/04/1996 $16,711.52 TKDA PROFESSIONAL SERVICES CITY RECONSTRUCT TH212 $5,788.48 PROFESSIONAL SERVICES CITY RECONSTRUCT TH212 <*> $22,500.00* 42529 06/04/1996 $1,426.00 TODD SKATRUD WAGES CONTRACTED FIRE <*> $1,426.00* 42530 06/04/1996 $1,660.00 TODD TOMCZIK WAGES CONTRACTED FIRE <*> $1,660.00* 42531 06/04/1996 $40.52 TOLL GAS AND WELDING SUPPLY OPERATING SUPPLIES-GENERAL PARK MAINT <*> $40.52* 42532 06/04/1996 $1,164.00 TONY LIDDELL WAGES CONTRACTED FIRE <*> $1,164.00* 42533 06/04/1996 $10.00 TRACY SPANGRUD OTHER CONTRACTED SERVICES SPRING SKILL DEVELOP <*> $10.00* COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 41 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42534 06/04/1996 $468.00 TRI-STATE PUMP & CONTROL INC CONTRACTED REPAIR & MAINT SEWER LIFTSTATION <*> $468.00* 42535 06/04/1996 $9.28 TWIN CITY OXYGEN CO SAFETY SUPPLIES FIRE $40.29 OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINT $4.80 REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT <*> $54.37* 42536 06/04/1996 $100.00 U S WEST COMMUNICATIONS INC TELEPHONE POLICE <*> $100.00* 42537 06/04/1996 $102.95 UNIFORMS UNILIMITED RESERVE EQUIPMENT POLICE $179.48 NEW CAR EQUIPMENT EQUIPMENT MAINT $54.90 CLOTHING & UNIFORMS ANIMAL WARDEN PROJECT $351.45 NEW CAR EQUIPMENT EQUIPMENT MAINT $75.00 CLOTHING & UNIFORMS POLICE $536.25 NEW CAR EQUIPMENT EQUIPMENT MAINT $85.20 CLOTHING & UNIFORMS ANIMAL WARDEN PROJECT <*> $1,385.23* 42538 06/04/1996 $170.90 UNITED LABORATORIES CLEANING SUPPLIES WATER SYSTEM MAINT $170.91 CLEANING SUPPLIES SEWER UTILITY-GEN <*> $341.81* 42539 06/04/1996 $314.95 US WEST COMMUNICATIONS TELEPHONE GENERAL <*> $314.95* 42540 06/04/1996 $907.27 US WEST COMMUNICATIONS CONTRACTED REPAIR & MAINT POLICE <*> $907.27* 42541 06/04/1996 $881.62 VESSCO INC EQUIPMENT PARTS WATER TREATMENT PLANT <*> $881.62* 42542 06/04/1996 $275.00 VINKEMEIER TREE SPADE OTHER CONTRACTED SERVICES CAPITAL OUTLAY PARK <*> $275.00* 42543 06/04/1996 $25.00 VOLUNTEER LEADERSHIP OPERATING SUPPLIES-GENERAL ADAPTIVE RECREATION • <*> $25.00* • 42544 06/04/1996 $101.78 W W GRAINGER INC BUILDING MATERIALS RILEY LAKE COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 42 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM <*> $101.78* 42545 06/04/1996 $29.86 WALDOR PUMP & EQUIPMENT CO EQUIPMENT PARTS SEWER LIFTSTATION <*> $29.86* 42546 06/04/1996 $484.95 WARREN GORHAM AND LAMONT OPERATING SUPPLIES-GENERAL HUMAN RESOURCES <*> $484.95* 42547 06/04/1996 $99.75 WASTE MANAGEMENT - SAVAGE WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 <*> $99.75* 42548 06/04/1996 $250.00 WATERPRO SUPPLIES CORPORATION EQUIPMENT PARTS WATER METER REPAIR $4,800.00 EQUIPMENT PARTS WATER METER REPAIR $1,500.00 EQUIPMENT PARTS WATER METER REPAIR $70.20 REPAIR & MAINT SUPPLIES STORM DRAINAGE $84.70 REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT $198.40 EQUIPMENT PARTS WATER METER REPAIR $69.50 REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT r e $16.74 REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT !�+ $500.00 EQUIPMENT PARTS WATER METER REPAIR $50.00 OPERATING SUPPLIES-GENERAL WATER METER REPAIR $2,325.96 EQUIPMENT PARTS WATER METER REPAIR $520.00 REPAIR & MAINT SUPPLIES WATER WELL #10 $385.08 REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT <*> $10,770.58* 42550 06/04/1996 $225.50 WENZEL HEATING & AIR CONDITION CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT <*> $225.50* 42551 06/04/1996 $357.68 X-ERGON REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT <*> $357.68* 42552 06/04/1996 $721.94 YALE INCORPORATED CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT <*> $721.94* 42553 06/04/1996 $122.90 ZACKS INC OPERATING SUPPLIES-GENERAL STREET MAINT <*> $122.90* 42554 06/04/1996 $12.67 ZEE MEDICAL SERVICE SAFETY SUPPLIES SPECIAL EVENTS $17.73 SAFETY SUPPLIES COMMUNITY CENTER ADMIN COUNCIL CHECK REGISTER THU, MAY 30, 1996, 11:42 AM page 43 CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 42554 06/04/1996 $9.16 ZEE MEDICAL SERVICE SAFETY SUPPLIES POOL OPERATIONS $4.11 SAFETY SUPPLIES SPECIAL EVENTS <*> $43.67* $1,352,294.38* CITY COUNCIL AGENDA SECTION: Ordinances & Resolutions DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration Request from Southwest Metro VII.A. Transit Requested Action: Adopt the Resolution Declaring Intent to Exercise Local Transit Levy Option for Taxes Payable in 1997, and Amendment to the Joint Powers Agreement. Background Information: The Board of Southwest Metro Transit is recommending that its member cities participate in the new local transit tax levy option (also known as the Suburban Transit Association Bill). The attached Resolution will accomplish that and also provide for minor amendments needed to the Joint Powers Agreement to effect the change. Upon the City's approval, the tax levy for transit, which has been applied by the Metropolitan Council, will now become a levy of the City of Eden Prairie and will appear as such on the property tax statements. A substantial public information effort will be needed to correctly convey that this is a transfer tax and not an additional property tax by the City of Eden Prairie. The attached memorandum of May 24, 1996 from Ms. Haberts further explains the details and implications of the proposed transfer. I elk SOUTHWEST METRO TRANSIT0 Phone 612.934.7928 8080 Mitchell Road,Suite 104,Eden Prairie,MN 55344 FAX 612.949.8542 lid MEMORANDUM • TO: Carl Jullie, City Manager City of Eden Prairie FROM: Diane R.Harberts,Executive Directo DATE: May 24, 1996 SUBJECT: LOCAL TRANSIT TAX LEVY OPTION AND JOINT POWERS AGREEMENT AMENDMENT Over the past few weeks, Southwest Metro Staff has met with you and Eden Prairie Council members regarding the proposed Local Transit Tax Levy Option and the new opportunities it provides for greater local control and accountability for the transit in this area. The Southwest Metro Transit Commission is excited about the potential this new legislation offers to provide for stable revenues and growth opportunities to serve the still-growing populations in these three communities. As we discussed during those meetings, it is Southwest Metro's intent to make a transition process as smooth as possible for our member cities. Therefore,we have worked with our legal,public finance, and government consultants to prepare the documentation necessary to make this a smooth transition for the cities and Southwest Metro. Please find attached a copy of the resolution to be adopted by the Southwest Metro Transit Commission at its meeting on May 30, 1996. The resolution recommends that the cities of Eden Prairie, Chanhassen, and Chaska participate in the new local transit tax levy option (also known as the Suburban Transit Association Bill)and provides for the minor amendments needed to the Joint Powers Agreements to effect that change. Also enclosed for your information is a Summary Report about the impact of the new legislation, a copy of the legislation in its fmal form, and the Joint Powers Agreement with the two changes needed highlighted on pages 1 and 7 of the Agreement. The last document attached is a resolution for the City of Eden Prairie's action which notifies the Commissioner of Revenue and the Metropolitan Council of the City's intent to participate in this new local transit tax levy option and adopts the amendments to the Joint Powers Agreement. Southwest Metro is recommending that each of its member cities adopt this resolution to implement the notifications and amendments for the new local transit tax levy process. A Joint Powers Agreement by and between the cities of Chanhassen,Chaska,and Eden Prairie. SOUTHWEST METRO TRANSIT COMMISSION RESOLUTION #96-12 RESOLUTION RECOMMENDING EXERCISE OF LOCAL TRANSIT TAX LEVY OPTION FOR TAXES PAYABLE IN 1997 AND AMENDMENT TO JOINT POWERS AGREEMENT WHEREAS, Laws of Minnesota for 1996, Chapter 455, Section 4 (the "Local Levy Option Act"), allows the Cities of Eden Prairie, Chanhassen and Chaska to make a local transit tax levy in lieu of receiving assistance from the Metropolitan Council under Minnesota Statutes, Section 473.388, Subdivision 4; and WHEREAS, said local transit tax levy will replace a similar transit tax levy which would otherwise be made by the Metropolitan Council; and WHEREAS, in order to effectively exercise the local transit tax levy option, it is necessary that each of the Cities of Eden Prairie, Chanhassen and Chaska (a) notify the State Commissioner of Revenue and the Metropolitan Council of its intent to levy the taxes before July 1 of each levy year and to include in the notification the amount of the City's proposed transit tax for the levy year, and (b) agree to amend the Joint Powers Agreement (the "Joint Powers Agreement") pursuant to which the Southwest Metro Transit Commission (the "Commission") was established to provide for payment to the Commission of the transit tax revenues derived from the levy as is currently provided for the payment of all other assistance received by each City pursuant to Minnesota Statutes, Sections 473.384 and 473.388; and WHEREAS, staff of the Commission has caused to be prepared and there are on file in the offices of the Commission (a) a proposed resolution to be adopted by each of the City Councils of the Cities of Eden Prairie, Chanhassen and Chaska, respectively (the "Proposed City Council Resolution"), and (b) a proposed amendment to the Joint Powers Agreement in the form of a Second Restated Joint Powers Agreement (the "Proposed Joint Powers Agreement Amendment")to be executed on behalf of each of said Cities. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Southwest Metro Transit Commission as follows: 1. It is hereby recommended that each of the Cities of Eden Prairie, Chanhassen,and Chaska(a)declare its intention to exercise the local transit tax levy option for taxes payable in 1997 in the maximum amount permitted by the Local Levy Option Act and (b)amend the Joint Powers Agreement to take into account such local transit tax levy, all in accordance with the Proposed City Council Resolution and proposed Joint Powers Agreement Amendment. 2. The Executive Director of the Commission is authorized and directed to forward to the City Councils of Cities of Eden Prairie, Chanhassen and Chaska a copy of this Resolution together with a copy of the Proposed City Council Resolution and Proposed Joint Powers Agreement Amendment. Colleen Dockendorf, Chair ATTEST: Diane Harberts,Executive Director `'1 4 SOUTHWEST METRO TRANSIT May 23, 1996 Phone 612.934.7928 8080 Mitchell Road,Suite 104,Eden Prairie,MN 55344 FAX 612.949.8542 SUMMARY REPORT : SUBURBAN TRANSIT ASSOCIATION LEGISLATION BACKGROUND The Suburban Transit Association (STA)was formed in late 1995 to develop and propose legislation that would further the causes of replacement transit(opt-out) services. Member- ship in the STA consists of eleven of the twelve opt-out cities served by opt-out transit service. These cities include: Chanhassen, Chaska, and Eden Prairie of SOUTHWEST METRO TRANSIT; Apple Valley,Burnsville,Eagan,Prior Lake,Rosemount and Savage of MINNESOTA VALLEY TRANSIT;Plymouth of PLYMOUTH METRO LINK,and Shakopee. (Maple Grove chose not to join the STA.) In 1996, the STA proposed legislation that revises the statutes (MS 473.388)by which opt- out transit systems are governed,particularly with respect to local levy authority and receipt of tax collections. Previously, the transit tax levy was levied and received by the Metro- politan Council. The Metropolitan Council would then provide funds to the opt-outs based on set policies and funding formulas. Through its legislative efforts in 1996,the STA was successful in changing this relation- ship.The bill signed by the Governor leaves the Metropolitan Council in its regional policy-making role for the regional transit systems. However, it changes the funding relationship by allowing the opt-out transit authorities to have more direct control over the local transit funds. This is accomplished by eliminating the Metropolitan Council from the levy process and transferring the local levy authority to the local opt-out communities. Of significance to the local opt-out communities,the STA was cautious in the drafting of the language such that there will be no net increase in local property taxes. Rather, the transit tax would simply transfer from the Metropolitan Council to the local community. There will be no change in the"bottom line"on property tax statements,only line-item changes. HOW FUNDING WORKED BEFORE THE STA BILL In the past, the Metropolitan Council levied two metro-wide transit property taxes. One was for transit operations and the other was for retirement of debt service on regional transit capital improvement bonding. (The debt service levy is not impacted by this legislation.) The tax for transit operations was levied within the established"Transit Taxing District, an area defined by law that includes much of the built up and developing seven county metro area. The majority of the district is taxed at the same rate; however, some outer ring suburbs receiving less than full service are taxed at a lesser rate. This lesser rate is defined as a "feathered".,or protected,rate. Each opt-out system was eligible for up to 90% of the A Joint Powers Agreement by and between the cities of Chanhassen,Chaska,and Eden Prairie. STA Legislation 2 May 23, 1996 locally generated regional transit operations levy(as modified by"feathering")for local transit system operations. The remaining 10% was retained by the Metropolitan Council for other regional transit services. The regional transit system also received state and federal appropriations for transit operations,but the opt-out systems were not allowed to access these funds. The revenue streams for opt-out transit systems were comprised of two main sources: Fare box revenues and up to 90% of the levy by the Metropolitan Council. FUNDING ISSUES BEFORE & AFTER STA BILL Over the years, accessing available funds has been an administratively costly,time- consuming, and burdensome process. Approximately$100,000 per year was spent by Southwest Metro Transit in its efforts to gain access to funds from the Metropolitan Council. Following are examples. Metropolitan Council Budget Review Process The Metropolitan Council's review process, seemingly a micro-management process, caused opt-outs to spend time on extra reports and attendance and presentations at multiple committee meetings. This often caused serious cash flow problems because of delays in approval and, therefore,delay in receipt of funds, and subsequent delay in payment of vendors. The annual budget review and approval included detailed review of each expenditure by line item and review and inspection of each contract for services purchased by an opt-out agency. In the event budgets changed by five(5)percent, a budget amendment was required. The opt-out was then required to go through the entire budget process for such amendments. (This would be like the cities justifying each line item of their budgets to the Metropolitan Council and taking back to the Metropolitan Council any item which changed by five(5)percent,or more.) The STA legislation terminates the need for this level of review and places budget approval in the hands of the governing board of the opt-out(similar to the city budget process with its city council). Access to Budget Carryover Funds Carryover funds are unanticipated and unspent property tax transit revenues received at the end of the year(similar to what happens to cities). A growing point of contention each year was the opt-nut's access to the carryover funds. The policy of the Metropolitan Council was that 50 percent of the carryover funds each year were kept by the Metropolitan Council for its transit purposes and 50 percent was credited to the opt-out system's account. Opt- outs were required to"apply for"the funds through Metropolitan Council procedures--sort of a miniature budget process. Often, the requests for use of the funds were denied. In 1994, the Metropolitan Council required the opt-outs,to help fund a$2.65 million MCTO(formally MTC) shortfall. The funds were taken away from the opt-out carryover funds without the approval or knowledge of the opt-out systems. There were no meetings to discuss this,nor any attempts made by the Metropolitan Council to consider the impact of such huge deductions form the relatively small opt-out systems. STA legislation allows for full access to these funds by the opt-outs. �J STA Legislation 3 May 23, 1996 Federal&State Funds for Transit The federal climate for transit funding has been rather chilly for transit. Metropolitan transit operations are seeing large cutbacks in their federal grants and other resources. In addition, the state has not adequately replaced the federal funds. This has placed tremendous pressure on opt-out funds by the Metropolitan Council. As owners and operators of the Metropolitan Council Transit Operations (MCTO)transit agency,the Metropolitan Council is facing service level cuts,increasing costs,and decreasing fare revenues. This has made opt-out funding very attractive. The STA legislation removes this threat, allowing all the transit levy dollars to stay within the communities paying them. The opt-out systems believe the STA legislation was necessary to protect their ability to provide service in their communities,and to continue to meet the growing needs in those communities. It guarantees a stable revenue source and permits more local control and accountability. STEPS CITIES/SMTC NEED TO TAKE The first year that this new system may be implemented is 1997. Southwest Metro has diligently researched the transition process necessary to implement this change. Following are the steps needed to complete the process: 1. The SMTC annually adopts a resolution recommending approval of the new process and asking the three member cities to adopt and participate in the new levying process. 2. The three member cities provide approval annually through a resolution which notifies the Metropolitan Council and Commissioner of Review of the desire to participate in the new levying process and which approves a minor amendment to the Joint Powers Agreement to reflect the changes in the statutes. 3. SMTC generates levy data(88% of locally generated transit property tax)for member cities to use in"Truth in Taxation" statements to property owners and works with cities/counties to produce an explanatory statement noting the shift of levy responsibility from Metropolitan Council to City and noting NO TAX INCREASE. 4. The Metropolitan Council reports remaining 12% of locally generated transit property tax on its portion of"Truth in Taxation" statements to property owners. 5. Public hearing processes are coordinated with three member cities. CITY/SMTC RELATIONSHIP Some key features are included in the STA legislation to help cities and opt-out transit agencies with this new process. These include: 7 STA Legislation 4 May 23, 1996 • Opportunity for cities to include a separate notice in the"Truth in Taxation"notices explaining the shift in levy responsibility (#3, above). • The local transit levy would NOT count toward any levy limits currently imposed on any city,or that may be imposed,unless the law specifically includes reference to the transit tax. • Cities would be required to levy,at a minimum,an amount sufficient to maintain the existing level of transit service provided by the opt-out in the previous year. • Each year,the amount of taxes eligible for collection under the local levy option would be increased by each city's market value adjustment ratio to assure growth in the revenue stream as long as the market value adjustment ratio continues to grow. The intention is to ensure that the local levy would be comparable to the levy exercised by the Metropolitan Council in the event the local levy option was not chosen. • Because the STA legislation was not intended to be a mechanism for property tax relief, if a city levies less than 88 percent,the difference would be sent to the Metropolitan Council,resulting in a loss of tax revenues to the local community. • The opt-out(SMTC)is required to hold the collections in a separate fund known as the "replacement transit fund"and to use the collections only for the payment of the operating and capital expenditures for transit and other related activities. • Upon agreement to levy a greater amount for a specific purpose (i.e. bonds) the collections may also be used for the debt service of such bonds issued by the cities for transit related purposes. Southwest Metro staff and consultants are available to answer any questions you may have on this new process. The goal is to make this as smooth a transition as possible for the three communities and for Southwest Metro. Please contact Diane Harberts,Executive Director of Southwest Metro Transit Commis- sion, at 934-7928, if you have any questions, or would like to meet to discuss the new legislation. - CHAPTER No. 455 S.F. No. 2702 1 Section 8 is effective the day following final enactment. 2 Sections 9 and 10 are effective January 1, 1997, and are 3 repealed June 30, 1999. 4 ARTICLE 5 5 REPLACEMENT TRANSIT SERVICE 6 Section 1. Minnesota Statutes 1995 Supplement, section 7 275.065, subdivision 3, is amended to read: B Subd. 3. (NOTICE OF PROPOSED PROPERTY TAXES. ) (a) The 9 county auditor shall prepare and the county treasurer shall 10 deliver after November 10 and on or before November 24 each 11 year, by first class mail to each taxpayer at the address listed 12 on the county's current year's assessment roll, a notice of 13 proposed property taxes and, in the case of a town, final 14 property taxes. 15 (b) The commissioner of revenue shall prescribe the form of 16 the notice. 17 (c) The notice must inform taxpayers that it contains the 18 amount of property taxes each taxing authority other than a town 19 proposes to collect for taxes payable the following year and, 20 for a town, the amount of its final levy. It must clearly state 21 that each taxing authority, including regional library districts 22 established under section 134.201, and including the 23 metropolitan taxing districts as defined in paragraph (i) , but 24 excluding all other special taxing districts and towns, will 25 hold a public meeting to receive public testimony on the 26 proposed budget and proposed or final property tax levy, or, in 27 case of a school district, on the current budget and proposed 28 property tax levy. It must clearly state the time and place of 29 each taxing authority's meeting and an address where comments 30 will be received by mail. 31 (d) The notice must state for each parcel: 32 (1) the market value of the property as determined under 33 section 273.11, and used for computing property taxes payable in 34 the following year and for taxes payable in the current year; 35 and, in the case of residential property, whether the property 36 is classified as homestead or nonhomestead. The notice must Article 5 Section 1 46 CHAPTER.No. 455 S.F. No. 2702 1 clearly inform taxpayers of the years to which the market values 2 apply and that the values are final values; 3 (2) by county, city or town, school district excess 4 referenda levy, remaining school district levy, regional library 5 district, if in existence, the total of the metropolitan special 6 taxing districts as defined in paragraph (i) and the sum of the 7 remaining special taxing districts, and as a total of the taxing 8 authorities, including all special taxing districts, the 9 proposed or, for a town, final net tax on the property for taxes 10 payable the following year and the actual tax for taxes payable 11 the current year. For the purposes of this subdivision, "school 12 district excess referenda levy" means school district taxes for 13 operating purposes approved at referendums, including those 14 taxes based on net tax capacity as well as those based on market 15 value. "School district excess referenda levy" does not include 16 school district taxes for capital expenditures approved at 17 referendums or school district taxes to pay for the debt service 18 on bonds approved at referenda. In the case of the city of 19 Minneapolis, the levy for the Minneapolis library board and the 20 levy for Minneapolis park and recreation shall be listed 21 separately from the remaining amount of the city's levy. In the 22 case of a parcel where tax increment or the fiscal disparities 23 areawide tax applies, the proposed tax levy on the captured 24 value or the proposed tax levy on the tax capacity subject to 25 the areawide tax must each be stated separately and not included 26 in the sum of the special taxing districts; and 27 (3) the increase or decrease in the amounts in clause (2) 28 from taxes payable in the current year to proposed or, for a 29 town, final taxes payable the following year, expressed as a 30 dollar amount and as a percentage. 31 (e) The notice must clearly state that the proposed or 32 final taxes do not include the following: 33 (1) special assessments; 34 (2) levies approved by the voters after the date the 35 proposed taxes are certified, including bond referenda, school 36 district levy referenda, and levy limit increase referenda; Article 5 Section 1 47 10 CHAPTER No. 455 S.F. No. 2702 1 (3) amounts necessary to pay cleanup or other costs due to 2 a natural disaster occurring after the date the proposed taxes 3 are certified; 4 (4) amounts necessary to pay tort judgments against the 5 taxing authority that become final after the date the proposed 6 taxes are certified; and 7 (5) the contamination tax imposed on properties which 8 received market value reductions for contamination. 9 (f) Except as provided in subdivision 7, failure of the 10 county auditor to prepare or the county treasurer to deliver the 11 notice as required in this section does not invalidate the 12 proposed or final tax levy or the taxes payable pursuant to the 13 tax levy. 14 (g) If the notice the taxpayer receives under this section 15 lists the property as nonhomestead and the homeowner provides 16 satisfactory documentation to the county assessor that the 17 property is owned and has been used as the owner's homestead 18 prior to June 1 of that year, the assessor shall reclassify the 19 property to homestead for taxes payable in the following year. 20 (h) In the case of class 4 residential property used as a 21 residence for lease or rental periods of 30 days or more, the 22 taxpayer must either: 23 (1) mail or deliver a copy of the notice of proposed 24 property taxes to each tenant, renter, or lessee; or 25 (2) post a copy of the notice in a conspicuous place on the 26 premises of the property. 27 The notice must be mailed or posted by the taxpayer by 28 November 27 or within three days of receipt of the notice, 29 whichever is later. A taxpayer may notify the county treasurer 30 of the address of the taxpayer, agent, caretaker, or manager of 31 the premises to which the notice must be mailed in order to 32 fulfill the requirements of this paragraph. 33 (i) For purposes of this subdivision, subdivisions 5a and 34 6, "metropolitan special taxing districts" means the following 35 taxing districts in the seven-county metropolitan area that levy 36 a property tax for any of the specified purposes listed below: Article 5 Section 1 48 11 CHAPTER No. 455 S.F. No. 2702 1 (1) metropolitan council under section 473.132, 473.167, 2 473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 3 (2) metropolitan airports commission under section 473.667, 4 473.671, or 473.672; and 5 (3) metropolitan mosquito control commission under section 6 473.711. 7 4j) For taxes levied in 1996, payable in 1997 only, in the 8 case of a statutory or home rule charter city or town that 9 exercises the local levy option provided in section 473.388, 10 subdivision 7, the notice of its proposed taxes may include a 11 statement of the amount by which its proposed tax increase for 12 taxes payable in 1997 is attributable to its exercise of that 13 option, together with a statement that the levy of the , 14 metropolitan council was decreased by a similar amount because 15 of the exercise of that option. 16 For purposes of this section, any levies made by the 17 regional rail authorities in the county of Anoka, Carver, 18 Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 19 398A shall be included with the appropriate county's levy and 20 shall be discussed at that county's public hearing. 21 Sec. 2. Minnesota Statutes 1995 Supplement, section 22 275.065, subdivision 6, is amended to read: 23 Subd. 6. [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY. ) 24 Between November 29 and December 20, the governing bodies of the 25 city, county, metropolitan special taxing districts as defined 26 in subdivision 3, paragraph (i), and regional library districts 27 shall each hold a public hearing to discuss and seek public 28 comment on its final budget and property tax levy for taxes 29 payable in the following year, and the governing body of the 30 school district shall hold a public hearing to review its 31 current budget and proposed property tax levy for taxes payable 32 in the following year. The metropolitan special taxing 33 districts shall be required to hold only a single joint public 34 hearing, the location of which will be determined by the 35 affected metropolitan agencies. 36 At a subsequent hearing, each county, school district, Article 5 Section 2 49 /a CHAPTER No. 455 S.F. No. 2702 1 city, and metropolitan special taxing district may amend its 2 proposed property tax levy and must adopt a final property tax 3 levy. Each county, city, and metropolitan special taxing 4 district may also amend its proposed budget and must adopt a 5 final budget at the subsequent hearing. A school district is 6 not required to adopt its final budget at the subsequent 7 hearing. The subsequent hearing of a taxing authority must be 8 held on a date subsequent to the date of the taxing authority's 9 initial public hearing, or subsequent to the date of its 10 continuation hearing if a continuation hearing is held. The 11 subsequent hearing may be held at a regularly scheduled board or 12 council meeting or at a special meeting scheduled for the 13 purposes of the subsequent hearing. The subsequent hearing of a 14 taxing authority does not have to be coordinated by the county 15 auditor to prevent a conflict with an initial hearing, a 16 continuation hearing, or a subsequent hearing of any other 17 taxing authority. All subsequent hearings must be held prior to 18 five working days after December 20 of the levy year. 19 The time and place of the subsequent hearing must be 20 announced at the initial public hearing or at the continuation 21 hearing. 22 The property tax levy certified under section 275.07 by a 23 city, county, metropolitan special taxing district, regional 24 library district, or school district must not exceed the 25 proposed levy determined under subdivision 1, except by an 26 amount up to the sum of the following amounts: 27 (1) the amount of a school district levy whose voters 28 approved a referendum to increase •taxes• under. section 124.82, 29 subdivision 3, 124A.03, subdivision 2, 124B.03, subdivision 2, 30 or 136C.411, after the proposed levy was certified; 31 (2) the amount of a city or county levy approved by the 32 voters after the proposed levy was certified; 33 (3) the amount of a levy 'to pay principal and interest on 34 bonds issued or approved by the voters under section 475.58 35 after the proposed levy was certified; 36 (4) the amount of a levy to pay costs due to a natural Article 5 Section 2 50 /13 CHAPTER No. 455 S.F. No. 2702 1 disaster occurring after the proposed levy was certified, if 2 that amount is approved by the commissioner of revenue under 3 subdivision 6a; 4 (5) the amount of a levy to pay tort judgments against a 5 taxing authority that become final after the proposed levy was 6 certified, if the amount is approved by the commissioner of 7 revenue under subdivision 6a; 8 (6) the amount of an increase in levy limits certified to 9 the taxing authority by the commissioner of children, families, 10 and learning or the commissioner of revenue after the proposed 11 levy was certified; and 12 (7) the amount required under section 124.755. 13 At the hearing under this subdivision, the percentage 14 increase in property taxes proposed by the taxing authority, if 15 any, and the specific purposes for which property tax revenues 16 are being increased must be discussed. 17 During the discussion, the governing body shall hear 18 comments regarding a proposed increase and explain the reasons 19 for the proposed increase. The public shall be allowed to speak 20 and to ask questions. At the subsequent hearing held as 21 provided in this subdivision, the governing body, other than the 22 governing body of a school district, shall adopt its final 23 property tax levy prior to adopting its final budget. 24 If the hearing is not completed on its scheduled date, the 25 taxing authority must announce, prior to adjournment of the 26 hearing, the date, time, and place for -the continuation of the 27 hearing. The continued hearing must be held at least five 28 business days but no more than 14 business days after the 29 original hearing. 30 The hearing must be held after 5:00 p.m. if scheduled on a 31 day other than Saturday. No hearing may be held on a Sunday. 32 The goverping body of a county shall hold a hearing on the 33 second Tuesday in December each year, and may hold additional 34 hearings on other dates before December 20 if necessary for the 35 convenience of county residents. If the county needs a 36 continuation of its hearing, the continued hearing shall be held Article 5 Section 2 51 CHAPTER No. 455 S.F. No. 2702 1 on the third Tuesday in December. If the third Tuesday in 2 December falls on December 21, the county's continuation hearing 3 shall be held on Monday, December 20. The county auditor shall 4 provide for the coordination of hearing dates for all cities and 5 school districts within the county. 6 The metropolitan special taxing districts shall hold a 7 joint public hearing on the first Monday of December. A 8 continuation hearing, if necessary, shall be held on the second 9 Monday of December. 10 By August 10, each school board and the board of the 11 regional library district shall certify to the county auditors 12 of the counties in which the school district or regional library 13 district is located the dates on which it elects to hold its 14 hearings and any continuations. If a school board or regional 15 library district does not certify the dates by August 10, the 16 auditor will assign the hearing date. The dates elected or 17 assigned must not conflict with the hearing dates of the county 18 or the metropolitan special taxing districts. By August 20, the 19 county auditor shall notify the clerks of the cities within the 20 county of the dates on which school districts and regional 21 library districts have elected to hold their hearings. At the 22 time a city certifies its proposed levy under subdivision 1 it 23 shall certify the dates on which it elects to hold its hearings 24 and any continuations. The city must not select dates that 25 conflict with the county hearing dates, metropolitan special 26 taxing district dates, or with those elected by or assigned to 27 the school districts or regional library district in which the 28 city is located. 29 The county hearing dates and the city, metropolitan special 30 taxing district, regional library district, and school district 31 hearing dates must be designated on the notices required under 32 subdivision 3. The continuation dates need not be stated on the 33 notices. 34 This subdivision does not apply to towns and special taxing 35 districts other than regional library districts and metropolitan 36 special taxing districts. Article 5 Section 2 _ 52 '�� CHAPTER.No. 455 S.F. No. 2702 1 Notwithstanding the requirements of this section, the 2 employer is required to meet and negotiate over employee 3 compensation as provided for in chapter 179A. 4 Sec. 3. Minnesota Statutes 1994, section 473.388, 5 subdivision 5, is amended to read: 6 Subd. 5. [OTHER ASSISTANCE. ] A city or town receiving 7 assistance or levying a transit tax under this section may also 8 receive assistance from the council under section 473.384. In 9 applying for assistance under that section an applicant must 10 describe the portion of the its available local transit funds or 11 local transit taxes which are not obligated to subsidize its 12 replacement transit service and which the applicant proposes to 13 use to subsidize additional service. An applicant which has 14 exhausted its available local transit funds or local transit 15 taxes may use any other local subsidy funds to complete the 16 required local share. 17 Sec. 4. Minnesota Statutes 1994, section 473.388, is 18 amended by adding a subdivision to read: 19 Subd. 7. [LOCAL LEVY OPTION.] (a) A statutory or home rule 20 charter city or town that is eligible for assistance under this 21 section, in lieu of receiving the assistance, may levy a tax for 22 payment of the operating and capital expenditures for transit 23 and other related activities and to provide for payment of 24 obligations issued by the municipality for such purposes, 25 provided that the tax must be sufficient to maintain the level 26 of transit service provided in the municipality in the previous 27 year. 28 (b) The transit tax revenues derived by the municipality 29 may not exceed: 30 (1) for the first transit levy year and any subsequent 31 transit levy year immediately following a year in which the • 32 municipality declines to make the levy, the maximum available 33 local transit funds for the municipality for taxes payable in 34 the current year under section 473.446, calculated as if the 35 percentage of transit tax revenues for the municipality were 88 36 percent instead of 90 percent, and multiplied by the Article 5 Section 4 53 CHAPTER No. 455 S.F. No. 2702 1 municipality's market value adjustment ratio; and 2 (2) for taxes levied in any year that immediately follows a 3 year in which the municipality elects to levy under this 4 subdivision, the maximum transit tax that the municipality may 5 have levied in the previous year under this subdivision, 6 multiplied by the municipality's market value adjustment ratio. 7 The commissioner of revenue shall certify the 8 municipality's levy limitation under this subdivision to the 9 municipality by June 1 of the levy year. The tax must be 10 accumulated and kept in a separate fund to be known as the 11 "replacement transit fund." 12 (c) To enable the municipality to receive revenues 13 described in clauses (2) and (3) of the definition of "tax 14 revenues" in subdivision 4, that would otherwise be lost if the 15 municipality's transit tax levy was not treated as a successor 16 levy to that made by the council under section 473.446: 17 (1) in the first transit levy year and any subsequent 18 transit levy year immediately following a year in which the 19 municipality declined to make the levy, 88 percent of the 20 council's nondebt spread levy for the current taxes payable year 21 shall be treated as levied by the municipality, and not the 22 council, for purposes of section 473F.08, subdivision 3, for the 23 purpose of determining its local tax rate for the preceding 24 year; and 25 (2) 88 percent of the revenues described in clause (3) of 26 the definition of "tax revenues" in subdivision 4, payable in 27 the first transit levy year, or payable in any subsequent 28 transit levy year following a year in which a municipality 29 declined to make the levy, shall be permanently transferred from 30 the council to the municipality. If a municipality levies a tax 31 under this subdivision in one' year, but declines to levy in a 32 subsequent year, the aid transferred under this clause shall be 33 transferred back to the council. 34 (d) Any transit taxes levied under this subdivision are not 35 subject to, or counted towards, any limit hereafter imposed by 36 law on the levy of taxes upon taxable property within any Article 5 Section 4 54 11 • CHAPTER No. 455 S.F. No. 2702 1 municipality unless the law specifically includes the transit 2 tax. 3 (e) This subdivision is consistent with the transit 4 redesign plan. Eligible municipalities opting to levy the 5 transit tax under this subdivision shall continue to meet the 6 regional performance standards established by the council. 7 (f) Within the designated Americans with' Disabilities Act 8 area, metro mobility remains the obligation of the state. 9 (g) For purposes of this subdivision, "transit levy year" 10 is any year in which the municipality elects to levy under this 11 subdivision. 12 (h) A municipality may not levy taxes under this 13 subdivision in any year unless it notifies the council and the 14 commissioner of revenue of its intent to levy before July 1 of S11)11 r15 the levy year. The notification must include the amount of the e2/ . 16 municipality's proposed transit tax for the current levy year. 17 Sec. 5. Minnesota Statutes 1995 Supplement, section 18 473.446, subdivision 1, is amended to read: 19 Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT. ) 20 For the purposes of sections 473.405 to 473.449 and the 21 metropolitan transit system, except as otherwise provided in 22 this subdivision and subdivision lb, the council shall levy each 23 year upon all taxable property within the metropolitan transit 24 taxing district, defined in subdivision 2, a transit tax 25 consisting of: 26 (a) an amount which shall be used for payment of the 27 expenses of operating transit and paratransit service and to 28 provide for payment of obligations issued by the council under 29 section 473.436, subdivision 6; 30 (b) an additional amount, if any, the council determines to 31 be necessary to provide for the full and timely payment of its 32 certificates of indebtedness and other obligations outstanding 33 on July 1, 1985, to which property taxes under this section have 34 been pledged; and 35 (c) an additional amount necessary to provide full and 36 timely payment of certificates of indebtedness, bonds, including Article 5 Section 5 55 Ii CHAPTER No. 455 S.F. No. 2702 1 refunding bonds or other obligations issued or to be issued 2 under section 473.39 by the council for purposes of acquisition 3 and betterment of property and other improvements of a capital 4 nature and to which the council has specifically pledged tax 5 levies under this clause. 6 The property tax levied by the council for general purposes 7 under eieuse paragraph (a) must not exceed the following amount 8 for the years specified: 9 (1) for taxes payable in 1995, the council's property tax 10 levy limitation for general transit purposes is equal to the 11 former regional transit board's property tax levy limitation, for 12 general transit purposes under this subdivision, for taxes 13 payable in 1994, multiplied by an index for market valuation 14 changes equal to the total market valuation of all taxable 15 property located within the metropolitan transit taxing district 16 for the current taxes payable year divided by the total market 17 valuation of all taxable property located within the 18 metropolitan transit taxing district for the previous taxes 19 payable year; and 20 (2) for taxes payable in 1996 and subsequent years, the 21 product of (i) the council's property tax levy limitation for 22 general transit purposes for the previous year determined under 23 this subdivision before reduction by the amount levied by any 24 municipality in the previous year under section 473.388, 25 subdivision 7, multiplied by (ii) an index for market valuation 26 changes equal to the total market valuation of all taxable 27 property located within the metropolitan transit taxing district 28 for the current taxes payable year divided by the total market 29 valuation of all taxable property located within the 30 metropolitan transit taxing district for the previous taxes 31 payable year, minus the amount levied by any municipality in the 32 current levy year under section 473.388, subdivision 7. 33 The portion of the property tax levy for transit district 34 operating purposes attributable to a municipality that has 35 exercised a local levy option under section 473.388, subdivision 36 7, is the amount as determined under subdivision lb. The Article 5 Section 5 56 /9 CHAPTER No. 455 S.F. No. 2702 1 portion of the property tax levy for transit district operating 2 purposes attributable to the remaining municipalities within the 3 transit district is found by subtracting the portions 4 attributable to the municipalities that have exercised a local 5 levy option under section 473.388, subdivision 7. 6 For the taxes payable year 1995, the index for market 7 valuation changes shall be multiplied by an amount equal to the 8 sum of the regional transit board's property tax levy limitation 9 for the taxes payable year 1994 and $160,665. The $160,665 10 increase shall be a permanent adjustment to the levy limit base 11 used in determining the regional transit board's property tax 12 levy limitation for general purposes for subsequent taxes 13 payable years. 14 For the purpose of determining the council's property tax 15 levy limitation for general transit purposes under this 16 subdivision, "total market valuation" means the total market 17 valuation of all taxable property within the metropolitan 18 transit taxing district without valuation adjustments for fiscal 19 disparities (chapter 473F), tax increment financing (sections 20 469.174 to 469.179) , and high voltage transmission lines 21 (section 273.425) . 22 The county auditor shall reduce the tax levied pursuant to 23 this subdivision section and section 473.388 on all property 24 within statutory and home rule charter cities and towns that 25 receive full-peak service and limited off-peak service by an 26 amount equal to the tax levy that would be produced by applying 27 a rate of 0.510 percent of net tax capacity on the property. 28 The county auditor shall reduce the tax levied pursuant to 29 this subdivision section and section 473.388 on all property 30 within statutory and home rule charter cities and towns that 31 receive limited peak service by an amount equal to the tax levy 32 that would be produced by applying a rate of 0.765 percent of 33 net tax capacity on the property. The amounts so computed by 34 the county auditor shall be submitted to the commissioner of 35 revenue as part of the abstracts of tax lists required to be 36 filed with the commissioner under section 275.29. Any prior Article 5 Section 5 57 . �U UtiAYl'!''!t NO. 400 S.F. No. 2702 1 year adjustments shall also be certified in the abstracts of tax 2 lists. The commissioner shall review the certifications to 3 determine their accuracy and may make changes in the 4 certification as necessary or return a certification to the 5 county auditor for corrections. The commissioner shall pay to 6 the council and to the municipalities levying under section 7 473.388, subdivision 7, the amounts certified by the county 8 auditors on the dates provided in section 273.1398, apportioned 9 between the council and the municipality in the same proportion 10 as the total transit levy is apportioned within the 11 municipality. There is annually appropriated from the general 12 fund in the state treasury to the department of revenue the 13 amounts necessary to make these payments. 14 For the purposes of this subdivision, "full-peak and 15 limited off-peak service" means peak period regular route 16 service, plus weekday midday regular route service at intervals 17 longer than 60 minutes on the route with the greatest frequency; 18 and "limited peak period service" means peak period regular 19 route service only. 20 For the purposes of property taxes payable in the following 21 year, the council shall annually determine which cities and 22 towns qualify for the 0.510 percent or 0.765 percent tax 23 capacity rate reduction and shall certify this list to the 24 county auditor of the county wherein such cities and towns are 25 located on or before September 15. No changes may be made to 26 the annual list after September 15. 27 Sec. 6. Minnesota Statutes 1994, section 473.446, is 28 amended by adding a subdivision to read: 29 Subd. lb. [DEDUCTION OF LOCAL TRANSIT LEVY FOR ELIGIBLE 30 MUNICIPALITIES. ] (a) The maximum the council may levy for 31 general purposes under subdivision 1, paragraph (a) , upon 32 taxable property within a municipality levying taxes under 33 section 473.388, subdivision 7, is the combined transit tax 34 levied within the municipality in the previous year under 35 subdivision 1 and section 473.388, subdivision 7, multiplied by 36 the municipality's market value adjustment ratio, minus the Article 5 ' Section 6 58 CHAPTER No. 455 S.F. No. 2702 1 amount to be levied by the municipality under section 473.388, 2 subdivision 7, for the current levy year. 3 (b) For purposes of this subdivision: • 4 (1) "municipality" means a municipality levying taxes under 5 section 473.388, subdivision 7, for replacement transit service; 6 (2) "market value adjustment ratio" means the index for 7 market valuation changes described in this section, as applied 8 to individual municipalities; and 9 (3) "tax revenues" has the meaning given the term in 10 section 473.388, subdivision 4. 11 Sec. 7. Minnesota Statutes 1995 Supplement, section 12 473.446, subdivision 8, is amended to read: 13 Subd. 8. [STATE REVIEW. ] The commissioner of revenue.shall 14 certify the council's levy limitation under this section to the 15 council by August 1 of the levy year. The council must certify 16 its proposed property tax levy under this section to the 17 commissioner of revenue by September 1 of the levy year. The 18 commissioner of revenue shall annually determine whether the 19 property tax for transit purposes certified by the council for 20 levy following the adoption of its proposed budget is within the 21 levy limitation imposed by subdivision subdivisions 1 and lb. 22 The commissioner shall also annually determine whether the 23 transit tax imposed on all taxable property within the 24 metropolitan transit area but outside of the metropolitan 25 transit taxing district is within the levy limitation imposed by 26 subdivision la. The determination must be completed prior to 27 September 10 of each year. If current information regarding 28 market valuation in any county is not transmitted to the 29 commissioner in a timely manner, the commissioner may estimate 30 the current market valuation within that county for purposes of 31 making the calculations. 32 Sec. 8. [APPLICATION. ] 33 This article applies in the counties of Anoka, Carver, 34 Dakota, Hennepin, Ramsey, Scott, and Washington. 35 Sec. 9. [EFFECTIVE DATE.] 36 Sections 1 to 7 are effective for taxes levied in 1996, Article 5 Section 9 59 CHAPTER No. 455 S.F. No. 2702 1 payable in 1997 and subsequent years. • 2 ARTICLE 6 3 DESIGNATED PARENTS 4 Section 1. Minnesota Statutes 1995 Supplement, section 5 13.69, subdivision 1, is amended to read: 6 Subdivision 1. [CLASSIFICATIONS. ] (a) The following 7 government data of the department of public safety are private 8 data: 9 (1) medical data on driving instructors, licensed drivers, 10 and applicants for parking certificates and special license 11 plates issued to physically handicapped persons; 12 (2) other data on holders of a disability certificate under 13 section '169.345, except that data that are not medical data may 14 be released to law enforcement agencies; and 15 (3) social security numbers in driver's license and motor 16 vehicle registration records, except that social security . 17 numbers must be provided to the department of revenue for 18 purposes of tax administration and the department of labor and 19 industry for purposes of workers' compensation administration 20 and enforcement.; and 21 (4) data on persons listed as designated parents under 22 section 171.07, subdivision 11, except that the data must be 23 released to: 24 (i) law enforcement agencies for the purpose of verifying 25 that an individual is a designated parent; or 26 (ii) law enforcement agencies who state that the license 27 holder is unable to communicate at that time and that the 28 information is necessary for notifying the designated parent of 29 the need to care for a child of the license holder. 30 (b) The following government data of the department of 31 public safety are confidential data: data concerning an 32 individual's driving ability when that data is received from a 33 member of the individual's family. 34 Sec. 2. Minnesota Statutes 1994, section 171.07, is 35 amended by adding a subdivision to read: 36 Subd. 11. [DESIGNATED PARENT.] (a) Upon the written Article 6 Section 2 60 litid erscored. 5-lb 46 FIRST SECOND RESTATED JOINT POWERS AGREEMENT ESTABLISHING A SOUTHWEST METRO TRANSIT COMMISSION (FORMERLY SOUTHWEST AREA TRANSIT COMMISSION) THIS RESTATED JOINT POWERS AGREEMENT, is made and entered into this 12th day of Ccptcmbcr, 1994 , 1996, by and between the Cities of Eden Prairie, Chanhassen, and Chaska, all being municipal corporations organized under the laws of the State of Minnesota, pursuant to authority conferred upon the parties by Minnesota Statutes §174 .265, Minnesota Statutes §473 .384, §473 .388, and/or Minnesota Statutes §471 .59 . WHEREAS, the Cities of Eden Prairie, Chaska, and Chanhassen have completed a Project Study under the Metropolitan Transit Service Demonstration Program, which was established in 1982 by the Minnesota Legislature under Minnesota Statutes §174 .265 ; WHEREAS, the purpose of this study was to test the efficiency and effectiveness of alternative methods of providing public transit service for communities that are within the metropolitan transit taxing district, but that are not adequately served by existing regular route transit; —and WHEREAS, each of the parties hereto has entered into a Joint Powers Agreement and fivc six amendments thereto; WHEREAS, each of the parties hereto desires to enter into this First Second Restated Joint Powers Agreement and has, through the actions of its respective governing bodies, been duly authorized to enter into this First Restated Joint Powers Agreement for the purposes hereinafter stated71 WHEREAS, Laws of Minnesota 1996, Chapter 455, Section_4_ allows the parties to make a local transit tax levy in lieu of ,receiving assistance from the Metropolitan Council under Minnesota Statutes, Section 473 .388; and WHEREAS, said local transit tax levy will replace a similar transit tax which would otherwise be made by the Metropolitan Council. NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the Cities of Eden Prairie, Chaska, and Chanhassen, through their respective City Councils, that: 321034.Red V2 to V1; 5/16/96 24 1. NAME. The Parties hereto hereby create and establish the SOUTHWEST METRO TRANSIT COMMISSION. 2 . PURPOSE. The purpose of this Agreement and the SOUTHWEST METRO TRANSIT COMMISSION is to (i) provide alternative methods of providing public transit service for the Cities of Eden Prairie, Chanhassen, and Chaska and (ii) contract to provide transit and transit planning services to other entities, as approved by the Commission, pursuant to Minnesota Statutes §473 .384 and/or Minnesota Statutes §473 .388 and 471 .59 . 3 . DEFINITIONS . a) "Commission" means the organization created by this Agreement, the full name of which is the "SOUTHWEST METRO TRANSIT COMMISSION. " b) "Board means the Board of Commissioners of the SOUTHWEST METRO TRANSIT COMMISSION. c) "Council" means the governing body of a party to this Agreement . d) "Regional Transit Board" (RTB) is the regional transit board as established by Minnesota Statutes §473 . 373 , or its successor the Metropolitan Council pursuant to Laws of Minnesota 1994, Chapter 628, the Metropolitan Reorganization Act of 1994 . e) "Advisory committee" is a committee consisting of the City Manager or chief Administrator of each party, or his or her designee, which shall act as an advisory body to the Board. f) "Party" means any municipality which has entered into this Agreement. g) "Metropolitan Council" is the regional entity established by Minnesota Statutes §473 . 123 . 4 . PARTIES . The municipalities which are original parties to this Agreement are Eden Prairie, Chanhassen, and Chaska. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any party listed above 321034.Red V2 to V1; 5/16/96 2 as to be represented on the Commission so long as such party continues to exist as a separate political subdivision. 5 . BOARD OF COMMISSIONERS . a) The governing body of the Commission shall be its Board which will consist of seven commissioners . Each party shall appoint two commissioners ("original commissioners") and a seventh commissioner will be appointed by the parties on a rotating basis as described below. Class 1, 2 and 3 commissioners must reside in the City they are appointed to represent . The Class 4 Commissioner shall reside or maintain a principal place of business in the City which has appointed said Commissioner. b) There shall be four classes of commissioners . The term of each commissioner in Class 1 shall expire on December 31, 1987, and every three years thereafter. The term of each commissioner in Class 2 shall expire on December 31, 1988, and every three years thereafter. The term of each commissioner in Class 3 shall expire on December 31, 1989, and every three years thereafter. The six original commissioners shall be appointed to Classes 1 through 3 by draw, provided that no two commissioners appointed by a party shall be members of the same class. Two commissioners shall be assigned to Class 1, two commissioners shall be assigned to Class 2, and two commissioners shall be assigned to Class 3 . A seventh commissioner shall be assigned to Class 4 beginning January 1, 1988 . The term of the Class 4 commissioner shall expire on December 31, 1989, and every two years thereafter. The Class 4 commissioner shall be appointed by the parties on a rotating basis, beginning January 1, 1988, with an appointment by the City of Chaska on January 1, 1990, with the City of Chanhassen on January 1, 1992, with an appointment by the City of Eden Prairie, and continuing in a like pattern thereafter. The successor of each of the commissioners shall be appointed to the same class as the successor' s predecessor. One commissioner appointed by each party must include a City Council member, inclusive of the Mayor, currently serving in office. A commissioner who is a council member of a party shall cease to be a commissioner, even if the term for which the commissioner was appointed has not expired, if (a) the commissioner ceases to be a member of the Council of the appointing party, and (b) no other council member of the appointing party is then a Class 1, 2 or 3 commissioner. In such event, a council 321034.Red V2 to V1; 5/16/96 3 26 member of the appointing party shall be appointed by the appointing party to serve the remainder of the term created by the vacancy. c) A commissioner may be removed by the party appointing him/her with or without cause. d) The commissioners may receive such compensation as is authorized and established by the Board at its first meeting of each year. e) A majority of the members of the Board shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon an affirmative vote of a majority of the quorum, unless hereinafter specified otherwise. f) At the organizational meeting or as soon thereafter as it may be reasonably done, the Board may adopt rules and regulations governing its meetings . Such rules and regulations may be amended from time to time at either a regular or special meeting of the Board provided that at least ten (10) days prior thereto, notice of the proposed amendment has been furnished to each member of the Board. A majority vote of all eligible votes of the then existing members of the Board shall be required to adopt any proposed amendment to such rules and regulations . g) At the organizational meeting of the Board, and in January of each year thereafter, the Board shall elect a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to conduct its business and affairs . The duties of the officers shall be designated in the rules and regulations established by the Board. 6 . POWERS AND DUTIES OF THE COMMISSION. a) General . The commission has the powers and duties to establish a program pursuant to Minnesota Statutes §473 .384 and/or Minnesota Statutes §473 .388 in order to (i) provide public transit service to serve the geographic area of the parties; and (ii) to contract to provide transit and transit planning services to entities as approved by the Commission. The commission shall have all powers necessary to discharge its duties . 321034.Red V2 to V1; 5/16/96 4 b) The Commission may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the Commission. c) The Commission may enter into such contracts with such persons or corporations, public or private, to carry out the purposes of the Commission. The Commission may, if deemed necessary, contract for and purchase such services, equipment, and functions as the Board deems necessary for the protection of the Commission and the parties and to implement the provisions of the plan and program. The Commission shall not enter into any contract or incur any obligation in violation of the provisions of Minnesota Statutes Chapter 475 . d) The Commission may establish bank accounts, both savings and checking, as the Board shall from time to time determine. e) The Commission may employ an Executive Director, whose duty shall be to administer policies as established by the Commission. The Executive Director shall be an employee of the Commission. Compensation of the Executive Director shall be established by the Board. The Commission may enter into employment contracts with other personnel and may provide for compensation, insurance, and other terms and conditions that it deems necessary. f) The Commission may, in lieu of directly operating a public transit system or any part thereof, enter into a contract for management services . The contract may provide for compensation, incentive fees, the employment of personnel, and other terms and conditions that the Commission deems proper. g) The Commission may sue or be sued. h) The Commission may accept any gifts, grants, or loans of money or other property from the United States, the state, or any person or entity; may enter into any agreement required in connection therewith; may comply with any federal or state laws or regulations applicable thereto; and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, loan, or agreement . 321034.Red V2 to V1; 5/16/96 5 i) The Commission shall provide any party with data and information requested by the party in accordance with law. The Commission shall, in the development of the program and implementation thereof, prepare such reports, either financial or management, as required by the Regional Transit Board, the Metropolitan Council or other governmental units . j ) The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file the report to its Members at least once each year, which report shall contain such information as good accounting practices require and such further information as required by the Regional Transit Board, the Metropolitan Council or other governmental units . k) The Commission shall maintain books, reports, and records of its business and affairs which shall be available for and open to inspection by the parties at all reasonable times . 1) The Commission may contract to purchase services from any one of the parties. m) The Commission may purchase passenger shelters without prior approval of any of the Councils of the parties to this Agreement . The commission may, without prior approval of any of the Councils of the parties to this Agreement. The Commission may, without prior approval of any of the Councils of the parties to this Agreement, execute an agreement to purchase real estate for use as Park and Ride lots with the payment of earnest money not to exceed $5, 000 . 00, provided that the agreement to purchase such real estate is subject to the approval of the Council of the City in which such real estate is located. 7 . OPERATING COSTS, BUDGET, AND FINANCIAL LIABILITY. a) Operating Costs . Operating costs shall include all non-capital costs for the maintenance and operation of the transit system, including, but not limited to, gasoline, oil, lubricants, parts, repairs, labor, and service for any vehicles employed in such operation; insurance premiums; salaries and other direct payments for work or labor in performance of the services furnished by the transit system; indirect costs incurred in the employment of persons for the performance of such 321034.Red V2 to V1; 5/16/96 6 )9 services, such as taxes, unemployment compensation, workers ' compensation, insurance benefits paid to or accrued for such employees, and any other costs attributable to such employment; and any expenses incurred in connection with contracts for management services . b) Budget. The Commission shall have a fiscal year beginning January 1 and ending December 31. The Executive Director shall annually prepare an estimated budget for the next fiscal year including an estimate of capital expenditures, operating costs, and revenues . Estimated capital expenditures and operating costs shall be limited to revenues received pursuant to Minnesota Statutes §473 .384, Minnesota Statutes §473 .388, and Minnesota Statutes §473 .39 and estimated revenues to be received from the operation of the transit system. The Board shall review and approve or disapprove the budget. One-twelfth (1/12) of the estimated annual budget shall constitute the estimated monthly budget . The estimated annual and monthly budgets may be adjusted from time to time on the basis of actual costs incurred or changes in estimated revenue . In the event of an adjustment of the budget, there shall be furnished to each party a computation of said adjustment. c) Financial Liability. The primary annual financial contribution to the Commission of each party shall be equal to the total amount of assistance which each party receives pursuant to Minnesota Statutes §473 .384 and Minnesota Statutes §473 .388, including any local transit tax levied pursuant to Minnesota Statutes §437 .388, Subdivision 7 . Upon receipt an such assistance, including all revenues derived from an local transit tax, shall be promptly remitted to the Commission. In addition, each party shall be responsible for annual debts and obligation of the Commission which exceed annual revenues in accordance with the following formula. Each party shall be liable for that percentage of the total annual debts and obligations which exceed total annual revenue which is directly proportional to that party' s primary annual financial contribution in comparison to the total primary annual financial contribution by all parties to the Commission during the year in question. The Board shall submit a monthly 321034.Red V2 to V1; 5/16/96 7 so bill to each party for its proportionate share of actual expenses which exceed actual revenues. At the end of each fiscal year, each party shall be credited for any excess payments made by it during the year, or billed for its proportionate share of actual expenses which exceed actual revenues for which it had not previously been billed. Upon receiving a- bill from the Commission, each party shall remit payment of the same within 30 days . To the extent that each party is financially liable pursuant to the above formula, each party hereby agrees to indemnify any other party which for any reason assumes payment of its debts in connection with the operation of the Commission. d) Financial Liability Limited. Notwithstanding anything to the contrary contained in paragraph 7 (c) above, each party' s liability under this contract shall be limited to the extent that it shall not result in any indebtedness or the incurrence of any pecuniary liability for which it shall be necessary to levy in any year a rate of taxes higher than the maximum prescribed by law or to do any other thing in violation of Minnesota Statutes §275 .27 or any other law which shall cause this Agreement to be null and void. Nothing contained in this Agreement shall preclude any party from providing in any budget for, or making any expenditure, or selling or issuing any bonds, or creating any indebtedness, the payment of principal or interest of which shall require the levy of taxes which levy may or may not be subject to any maximum levy limitation or limitations prescribed by law. Such party' s obligation to levy taxes for payment of and to pay any amount to any other party from any such tax levy shall be subordinate to , and may occur only after provision is made for, the levy of taxes for and the payment of any such expenditure or indebtedness, the sale of issuance of bonds and the payment of principal or interest thereon. 8 . INSURANCE. The Commission shall provide or cause to be provided motor vehicle liability (other than that applicable to public transit vehicles) , general public liability, and public officials liability insurance in amounts not less than $1, 600, 000, and workers ' compensation insurance. The Commission shall also provide or cause to be provided insurance insuring against liability arising out of the ownership and operation of public transit vehicles in such amounts and on such terms as the 321034.Red V2 to V1; 5/16/96 8 Commission shall determine . The Commission may also provide insurance for fire, theft, motor vehicle collision insurance, and other insurance relating to any of its property, rights, or revenue, or any other risk or hazard arising from its activities . The Commission may provide for the insuring of its officers or employees against any other liability, risk, or hazard. 9 . DURATION OF AGREEMENT. This Agreement shall continue in force until January 1, 1988, and thereafter from year to year, subject to withdrawal by a party or termination by all parties. Withdrawal by any party shall be effected by serving written notice thereof upon the other parties no later than July 1 of the year at the end of which such withdrawal is to be effective. Withdrawal from the Agreement by any party at the end of the calendar year shall not affect the obligation of any party to perform the Agreement for or during the period that the Agreement is in effect . Withdrawal of any party or termination of the Agreement by all parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any party arising out of that party' s participation in the Agreement . 10 . DISTRIBUTION OF ASSETS . In the event of withdrawal of any party from this Agreement, all of the capital assets, real estate, liquid assets, prepaid expenses and cash utilized by the Commission or its designated management services, which the withdrawing party may have contributed to in proportionate share, shall be forfeited to the Commission. In the event of termination of this Agreement by all parties, all of the capital assets, real estate, liquid assets, prepaid expenses, and cash which remain after payment of debts and obligations shall be distributed among the municipalities who are parties to this Agreement immediately prior to its termination in accordance with the following formula subject to contractual obligations of the Commission. Each municipality shall receive that percentage of remaining assets determined by dividing the total amount which that municipality contributed to the Commission during the previous five years by the total amount contributed to the Commission over the previous five years by all the municipalities who are parties to this Agreement immediately prior to its termination. The amount of the distribution to any party pursuant to this Agreement shall be reduced by any amounts owed by the party to the Commission pursuant to paragraph 7 (c) and shall be subject to the party' s continuing liability pursuant to paragraph 9 . 321034.Red V2 to V1; 5/16/96 9 s2 • 11 . ARBITRATION. If the parties are unable to agree upon any matter to be decided by the Commission, any party may submit such unresolved dispute for arbitration in accordance with the rules of commercial arbitration of the American Arbitration Association, with the parties sharing the costs of such arbitration equally (other than each parties ' own expenses incurred in presenting its position during the arbitration proceedings) . In the event any dispute is submitted to arbitration, the parties agree to be bound by the results of the arbitration. 12 . COOPERATION EFFORT. Each of the parties agrees that it will cooperate fully and in a timely manner to take the actions necessary to facilitate and accomplish the foregoing provisions of this Agreement . 13 . EFFECTIVE DATE. This Agreement shall be in full force and effect from and after the date of passage and adoption by the governing body of each party. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes §471 . 59 . 321034.Red V2 to V1; 5/16/96 10 FIRST SECOND RESTATED JOINT POWERS AGREEMENT. CITY OF EDEN PRAIRIE By Its By Its Approved by the City Council of Eden Prairie this day of , 1996 . 321034.Red V2 to V1; 5/16/96 11 3� FIRST SECOND RESTATED JOINT POWERS AGREEMENT. CITY OF CHANHASSEN By Its By Its Approved by the City Council of Chanhassen this day of , 1996 . 321034.Red V2 to V1; 5/16/96 12 FIRST SECOND RESTATED JOINT POWERS AGREEMENT , CITY OF CHASKA By Its By Its Approved by the City Council of Chaska this day of , 1996 . 321034.Red V2 to V1; 5/16/96 13 w CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION DECLARING INTENT TO EXERCISE LOCAL TRANSIT TAX LEVY OPTION FOR TAXES PAYABLE IN 1997 AND AMENDMENT TO JOINT POWERS AGREEMENT WHEREAS, Laws of Minnesota for 1996, Chapter 455, Section 4 (the "Local Levy Option Act"), allows the Cities of Eden Prairie, Chanhassen and Chaska to make a local transit tax levy in lieu of receiving assistance from the Metropolitan Council under Minnesota Statutes,Section 473.388, subdivision 4; and WHEREAS, said local transit tax levy will replace a similar transit tax levy which would otherwise be made by the Metropolitan Council; and WHEREAS, in order to effectively exercise the local transit tax levy option, it is necessary that each of the Cities of Eden Prairie, Chanhassen, and Chaska (a) notify the State Commissioner of Revenue and the Metropolitan Council of its intent to levy the taxes before July 1 of each levy year and to include in the notification the amount of the City's proposed transit tax for the levy year, and (b) agree to amend the Joint Powers Agreement (the "Joint Powers Agreement") pursuant to which the Southwest Metro Transit Commission was established to provide for payment to the Commission of the transit tax revenues derived from the levy as is currently provided for the payment of all other assistance received by each City pursuant to Minnesota Statutes, Sections 473.384 and 473.388; and WHEREAS, staff of the Commission has caused to be prepared a proposed amendment to the Joint Powers Agreement in the form of a Second Restated Joint Powers Agreement(the"Joint Powers Agreement Amendment")to be executed on behalf of each of the Cities of Eden Prairie,Chanhassen and Chaska,respectively; and WHEREAS, it is in the best interest of the City of Eden Prairie that it declare its intent to exercise the local transit tax levy option for taxes payable in 1997 and enter into the Joint Powers Agreement Amendment. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie as follows: 1. The City hereby declares its intent to exercise the local transit tax levy option for taxes payable in 1997 in the maximum amount permitted by Local Levy Option Act and as certified by the State Commissioner of Revenue in accordance therewith. 2. The City Manager is authorized and directed to give the State Commissioner of Revenue and the Metropolitan Council notice of the City's intent to exercise the local transit tax option for taxes payable in 1997 in accordance with the notice attached hereto as Exhibit A and incorporated herein by reference. 3. The Joint Powers Agreement Amendment is hereby approved in substantially the form on file in the offices of the City, and the Mayor and City Manager are hereby authorized and directed to execute on behalf of the City the Joint Powers Agreement Amendment, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary or appropriate and approved by the City Attorney prior to the execution thereof. In the event of the absence or disability of the Mayor or the City Manager,such officers of the City as,in the opinion of the City Attorney,may act on his or her behalf,shall,without further act or authorization of the City Council, execute the Joint Powers Agreement Amendment in place of such absent or disabled officer. The execution of the Joint Powers Agreement Amendment shall be conclusive evidence of the approval of such agreement in accordance with the terms hereof. ADOPTED by the City Council on , 1996 Jean L. Harris,Mayor ATTEST: John D. Frane,City Clerk EXHIBIT A NOTICE OF INTENT TO EXERCISE LOCAL TRANSIT TAX LEVY OPTION FOR TAXES PAYABLE IN 1997 The State Commissioner of Revenue and the Metropolitan Council is hereby notified that the City of Eden Prairie, Minnesota,intends to exercise the local transit tax levy option for taxes levied in 1996 and payable in 1997 pursuant to Laws of Minnesota for 1996, Chapter 455, section 4. The proposed amount of the City's transit tax for the 1996 levy year is $(maximum amount permitted) i.e. the maximum amount certified by the State Commissioner of Revenue in accordance with Laws of Minnesota for 1996, Chapter 455, Section 4,for taxes levied by the City in 1996 and payable in 1997. By order of the City Council of the City of Eden Prairie. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5/21/96 SECTION: Director of Parks, Recreation and Facilties ITEM NO. X I,e DEPARTMENT: Parks, ITEM DESCRIPTION: Recommendation Regarding Requirement of Recreation and Facilitie Organizations to Provide Insurance When Selling Food or Providing Other Robert A. Lambert Services at Special Events BACKGROUND: Attached to this memo is a letter from Skip Lane, the City's insurance agent, suggesting the City Council consider requiring public service organizations to show that they have insurance coverage when selling food or providing other services at special events on public property. City staff have forwarded Mr. Lane's recommendation to the various public service organizations that have utilized park property for selling food at special events, and have invited them to attend both the May 20 Parks, Recreation and Natural Resource Commission meeting and the May 21 Council meeting to discuss any concerns they may have regarding this possible requirement. Many of the organizations already have insurance; however, some do not. Mr. Lane believes this type of insurance would generally cost an organization approximately $500 per year and is probably a wise investment for the organization; however, some organizations don't believe they can afford that type of insurance for the one or two times a year that they may operate a concession. REQUEST: The City has not required this type of insurance in the past; however, we are exposed to some liability by not making this requirement. Staff is requesting direction from the City Council regarding Mr. Lane's recommendation for a policy addressing this issue. BL:mdd insurance/bob96 • • MEMORANDUM TO: Eden Prairie Public Service Organizations FROM: Robert A. Lambert, Director of Parks, Recreation and Facilities' DATE: April 25, 1996 SUBJECT: Possible Insurance Requirements for Organizations that Wish to Sell Food or Provide Other Services at Special Events Within City Parks Attached to this memo is a letter from Skip Lane, the City's insurance consultant, recommending the City Council consider requiring organizations to provide insurance coverage prior to allowing them to sell food or provide other services at special events on public property. Mr. Lane's concern is that the City would more than likely be named in any type of action if an accident or injury occurred that was caused by a vendor that the City permitted on public property. The Parks, Recreation and Natural Resources Commission will review this recommendation at their May 20, 1996 meeting and the City Council will consider the Parks, Recreation and Natural Resources Commission recommendation at their May 21, 1996 meeting. The Parks Commission meets at 7:00 p.m., in the Council Chambers, at the City Center, and the City Council meeting begins at 7:30 p.m. If you or a representative of your organization would like to comment on this proposed requirement, please feel free to attend both the Commission and Council meetings, or submit a letter with your concerns that will be considered during the discussion on this recommendation. Any written information must be received by the City no later than Monday,May 13, in order to be included in the Commission and Council packet. If you would like to discuss this recommendation with me, please feel free to call at 949-8440. RAL:mdd PSO.memo/Bob96 J.A. PRICE AGENCY, INC. 7100 SHADY OAK ROAD, EDEN PRAIRIE, MN 55344 • 612-944-8790 • FAX 612-944-0097 April 24, 1996 Mayor and City Council City of Eden Prairie 8080 Mitchell Road #200B Eden Prairie, MN 55344 RE: Special Events Bob Lambert and I have been discussing what the city policy should be as far as requiring organizations to show they have insurance coverage when selling food or providing other services at special events . If someone should get sick or become injured the city would probably be named in any type of action. If the organization involved has no insurance it could cost the city some money, since the city has a $25, 000 per claim deductible . Some organizations may not have any insurance and the cost could offset any money they make, yet is it fair to organizations that pay for insurance. If any council member has any questions or would like to discuss further, give me a call . Sincerely, J. A. PRICE AGENCY, INC. 4 ., 0 Cgrv . Skip Lane Vice President cc : Bob Lambert SML/19781 S "BUSINESS AND PERSONAL INSURANCE SPECIALISTS" 145 University Avenue West, St. Paul, MN 55103-2044 .... , , 4____„,_ L C y�..�n/Minnooula c.a. Phone: (61.2) 281-1200 • (800) 925-1122 CIti.Ia pnoniof�y M�cw�enev Fitz: (612) 281.-1.299 • TDD (612) 281-1290 May 20, 1996 From: Peter Tritz Direct: 612-281-1265 Fax: 612-281-1298 To: Tria Mann, Eden Prairie Fax: 949-8390 Pages (including this one): 2 This is a follow-up to our phone conversation regarding the Fourth of July and similar public events which the city sponsors and coordinates. As I understand, the city allows a variety of non-profit organizations to participate as vendors in the event. These organization sell food, beverages, etc. as a fund-raiser for their organizations. The funds these organizations raise stay with the respective organization, and the city does not receive any of the proceeds. You raised several questions about liability coverage relating to these vendors. to summarize our discussion: I. As you've described the situation, these organizations and their respective members and volunteers would not be considered cloy volunteers for purposes of the city's LMCIT liability coverage. These organizations and individuals would therefor not be "covered parties" under the city's LMCIT liability coverage. If a claim were made against one of the organizations or one of the individuals involved, the city's LMCIT liability coverage would not respond to that claim. 2. The city's LMCIT liability coverage would, however, respond to a claim against the city (or against a city officer, employee, or volunteer)which arises out of the activities of these organizations. For example, suppose there is such a claim; e.g., one of these organization sells someone a bad hot dog, or someone trips over a guy rope holding up the hot dog stand, or whatever. The injured party sues both the organization and the city. E.g., they might claim that the city didn't do an adequate job of supervising and overseeing the activities of the vendors the city permitted to participate in this city-sponsored festival. LMCIT would defend the claim against the city, but would not defend the claim against the organization. 3. Keep in mind the difference between coverage and liability. While LMCIT would cover the claim against the city in this kind of situation, it's important to understand that this does not mean that LMCI I' would automatically pay the damages to the person who was Li AN I.:1)11A1./1PTNITY1•11N1^1•Vi n L`l:T\sits Aggliv A/.Tl/1Ll TAsllr rat..... TO' d 800 . aN Z0: ZI 96 OZ field 86ZT-TN-ZT9: 131 S3IJI9 NW 3f19U31 - injured. In fact, we might very welt deny liability, arguing that the organization and not the city is in fact responsible for any damages anyone suffered. Of course, if the city was in fact found liable for part of the damages, LMCIT would cover the city's liability. 4. Keep in mind too that if LMCIT and the city were to incur some liability as a result of the organization's activities, it's possible that we could pursue a subrogation action against the organization and/or the individuals whose negligence caused that loss to the city. In other words, if the city and LMCIT got stuck with liability because the hockey boosters club sold someone a bad hot dog, we might very well try to recover that loss from the hockey boosters' club or from the individuals who were responsible. You also asked if these organizations should be required to have insurance. It may be helpful to look at it from three standpoints: the city's, the public's, and the organization's. • From the city's standpoint, it is certainly an advantage if these organizations have their own liability insurance covering their activities. If the organization's insurance has paid for the injured party's damages, it's less likely that there will be a claim against the city. If the organization doesn't have insurance or assets, the injured party may very well look around for a deep pocket that can pay for his damages; and may very well try to develop some legal theory under which the city could be held liable. And of course, even if we're able to successfully defend the resulting claim against the city, it still potentially could involve substantial legal costs. • From the public's standpoint, it's also advantageous if the organization has insurance. If there's no insurance and the organization has no assets, an injured party may simply go uncompensated for his injuries. • • From the organization's standpoint, the disadvantage of buying insurance is that it costs money. In some cases, the cost of insurance might make the difference between making money and not making money. There are a couple advantages to the organization in having insurance: First, it protects whatever assets the organization has; and second, it can provide some additional protection for the organization's individual members and volunteers. This latter point is sometimes overlooked. If the organization doesn't have insurance, an injured party might very well decide to go after the individuals involved. These individuals would in turn have to defend themselves. In some cases, their homeowners' coverage might apply; in other cases, the individual might have pay for his legal defense out of his own pocket. I hope this is helpful and gives you the information you need. As always, please feel free to give me a call if you have questions or need anything else. 5 ZO " d 800" oN Z0: ZI 96 OZ fipN 86ZI-I8Z-ZI9: -31 S3I1IJ NW 3f19d31 TO: Robert A. Lambert FROM: Eden Prairie Horsemen Club DATE: May 18 , 1996 The Eden Prairie Horsemen appreciate receiving the notice that the City' s Park Commission is reviewing insurance situations of clubs and organizations. We have the following comments: . All clubs and organizations should be treated as equal as possible . The EPH has purchased $1, 000 , 000coverage for over 6 years and co-insures the City. . $250 ,000-500 ,000 individual club or organization coverage co-insuring the City should be an adquate requirement . Could the City offer an umbrella coverage that clubs could purchase? This would be beneficial only if it is less than what is available in the open insurance market. Please keep us updated on your discussions. Walt Farnham, President 929-7706 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES MONDAY,MAY 20, 1996 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Claire Hilgeman, Chair; Bruce Bowman, Richard Brown, Don Jacobson,Vicki Koenig, David Kracum, John Wilson STUDENT MEMBERS: Mark Bremer, Emily Hanka COMMISSION STAFF: Robert A. Lambert, Director of Parks, Recreation and Facilities; Stuart Fox, City Forester; Elinda Bahley, Recording Secretary I. ROLL CALL The meeting was called to order at 7:00 p.m. by Chair Hilgeman. Commissioners Brown, Kracum, and Wilson were excused. II. APPROVAL OF AGENDA MOTION: Jacobson moved, seconded by Bowman, to approve the Agenda as published. Motion carried 4-0-0. III. APPROVAL OF MINUTES-May 6, 1996 Koenig noted on page 11, under Reports of Commissions and Staff, item B should read, Purgatory Creek Outlet Structure. The first sentence should also read, Purgatory Creek Outlet Structure. The second sentence should read... and the lack of silt fencing. The following sentence should read... a wide open area and she noted kids on dirt bikes previously. Page 9,paragraph 7, omit the second sentence. MOTION: Koenig moved, seconded by Hilgeman,to approve the Minutes of the May 6, 1996 Eden Prairie Parks, Recreation and Natural Resources Commission as amended. Motion carried 3-0-1. Bowman abstained. IV. PETITIONS,REQUESTS AND COMMUNICATIONS A. Letter from Skip Lane RE: Insurance Requirements of Public Service Organizations Selling Food or Other Services on Public Property 1 Parks, Recreation and Natural Resources Commission Monday,May 20, 1996 Staff referred the Commission to a memo dated May 21, 1996, from Robert A. Lambert, Director of Parks,Recreation and Facilities; and a letter dated April 24, 1996, from Skip Lane, Vice President of J.A. Price Agency, Inc. Lambert stated he believes the City would be named in a lawsuit whether the organizations have insurance or not. A reason to require insurance is for the benefit of the organization itself. If there is no insurance they can get sued individually through their own personal insurance and have to pay to defend themselves. A reason not to require insurance is that it may end the special events because the organizations can not afford the insurance. Staff called other cities to see what their policy was regarding insurance, and they indicated they don't require it. Staff does not recommend requiring public service groups to provide the City with insurance for selling food on public property, but continue to require them to obtain a license from the County Health Department. MOTION: Koenig moved, seconded by Brown, to accept Staffs recommendation regarding insurance for organizations at special events per the City Council Agenda memorandum dated May 21, 1996. Motion carried 4-0. B. Request from Figure Skating Club Staff referred the Commission to a memo dated May 14, 1996, from Robert A. Lambert, Director of parks, Recreation and Facilities; and a letter dated May 9, 1996, from Jackie Peters, Test Chair for the Eden Prairie Figure Skating Club. Lambert noted this is standard procedure when open skating or open swimming time is being taken away from the public, and the City requires these clubs to make the request. Staff supported this request and indicated they will be notifying the public well in advance by posting flyers at the Community Center. MOTION: Koenig moved, seconded by Jacobson, to recommend that the Eden Prairie Figure Skating Club be granted a waiver in ice time per the Staff memo of May 14, 1996. Motion carried 4-0. C. Letter from Karen and Scott Pedersen Re: Lighting Baseball Fields in Miller Park 2 . , 1