HomeMy WebLinkAboutCity Council - 12/19/1995 AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 19, 1995 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
COUNCILMEMBERS: 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
PRESENTATION OF MRPA (Minnesota Recreation & Park Association) AWARDS FOR
EDEN PRAIRIE CITY STAFF
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
H. OPEN PODIUM
III. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 5. 1995
B. TRUTH IN TAXATION MEETING HELD WEDNESDAY. DECEMBER 6,
1995
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. RESOLUTION APPROVING FINAL PLAT OF BEARPATH TOWNHOMES
1ST ADDITION
C. LAUKKA-JARVIS DEVELOPMENT by Laukka-Jarvis, Inc. 2nd Reading of
an Ordinance for Rezoning from Rural to R1-9.5 on 15.2 acres and Planned Unit
Development District Review on 15.2 acres, and Approval of a Developer's
Agreement for Laukka-Jarvis Development for Laukka-Jarvis, Inc. located South
of Riverview Road and east of Riverview Drive. (Ordinance for Rezoning from
Rural to R1-9.5 and Planned Unit Development District Review)
D. RESOLUTION APPROVING FINAL PLAT OF THE BLUFF AT
RIVERVIEW (located south of Riverview Drive)
City Council Agenda
Tuesday, December 19, 1995
Page Two
E. RESOLUTION APPROVING FINAL PLAT OF JAMESTOWN OF EDEN
PRAIRIE 3RD ADDITION (located at the southeast quadrant of Dell Road and
Cascade Drive)
F. RESOLUTION APPROVING FINAL PLAT OF BIRCH ISLAND ACRES
2ND ADDITION (formerly Pafko 2nd Addition), located along the extension
of Kurtz Lane
G. APPROVE JOINT POWERS AGREEMENT ON OAK POINT POOL
II. APPROVAL OF CHANGE ORDER FOR MARKETCENTER
CONSTRUCTION CONTRACT
V. PUBLIC HEARINGS/MEETINGS
A. AMENDMENT TO HOUSING PROGRAM FOR TANAGER CREEK AND
PRELIMINARY APPROVAL TO THE ISSUANCE OF $13.677.350 OF
MULTI-FAMILY HOUSING REFUNDING BONDS (Resolution) Continued
from December 5, 1995
B. MEDIA PLAY by Musicland Group, Inc. Request for Planned Unit
Development Concept Review on 23 acres, Planned Unit Development District
Review with waivers on 5.6 acres, Zoning District Change from Rural to
Commercial Regional Service on 5.6 acres, Site Plan Review on 5.6 acres and
Preliminary Plat of 5.6 acres into two lots. Location: Eden Prairie Marketcenter
(between Brunswick and Bachmans on Singletree Lane) (Resolution for PUD
Concept Review, Ordinance for PUD District Review and Zoning District
Change from Rural to Commercial Regional Service and Resolution for
Preliminary Plat)
VI. PAYMENT OF CLAIMS
VII. ORDINANCES AND RESOLUTIONS
A. RESOLUTION ADOPTING THE 1996 TAX LEVY AND 1996 BUDGET
B. RESOLUTIONS ON ALCOHOL AND CONTROLLED SUBSTANCES
TESTING POLICY
VIII. PETITIONS. REQUESTS AND COMMUNICATIONS
A. PETITION FROM RESIDENTS OF WESTWIND ADDITION IN THE
PRESERVE CONCERNING THEIR STORM DRAINAGE SYSTEM
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
X. APPOINTMENTS
City Council Agenda
Tuesday, December 19, 1995
Page Three
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES
1. Recommendation regarding Cash Park Fees
2. Recommendation regarding,Facility Use Fees
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Discussion of Sewer.Water and Stormwater Enterprise Budget. Water
Rates and Related Development Fees
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XIII. ADJOURNMENT
MEMORANDUM
TO: Mayor and City Council
FROM: Bob Lambert, Director of Parks, Recreation and Facilities
DATE: December 12, 1995
SUBJECT: 1995 MRPA Awards Pt'
The Minnesota Recreation and Park Association has over 450 professional members and each
year less than a dozen are selected for awards. This year three Eden Prairie staff members were
selected to receive awards.
Elyce Kastigar, Community Center Manager, was selected to receive a Meritorious Award for
her work with the MRPA Aquatic Section. Elyce has co-chaired the State Aquatics Conference
for many years and helped setup and run many special events for the State Association. Elyce
recently received another honor. She was a four-year all-American swimmer while attending
the University of Minnesota and was inducted into the University Women's Sports Hall of Fame
in October of this year.
Tria Mann, Recreation Supervisor responsible for adaptive recreation programs and supervising
special events in Eden Prairie, was also given a Meritorious Award for her work with the
Conference Committee. Tria co-chaired the 1995 State Conference.
Tria was also selected to receive the 1995 MRPA Special Award. This award is given to
individuals who have made special contributions to the recreation, park and leisure services
field. Tria has been a strong advocate and leader for the Therapeutic Recreation Section for
many years.
Laurie Helling, Manager of Recreation Services, was selected to receive the 1995 MRPA
Dorthea Nelson Award. This award is granted a female MRPA member with 15 or less years
of professional experience in outstanding service to the park, recreation and leisure services field
in MRPA. One individual per year is recognized with this very prestigious award.
Any department feels very proud when one of its members is recognized by their peers and
worthy of any of these awards. It is noteworthy when three members of a single department are
selected as outstanding individuals in their field in one year. Jon Gurbin, Executive Director
of the Minnesota Recreation and Park Association, will be in attendance at the December 19
Council meeting to present these awards.
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UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 5, 1995 7:30 PM, 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. 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
Jullie added item V.C. Request for Housing Revenue Refunding Revenue Bonds
Relating to Tanager Creek Project. Case added item XI.A.1. Flying Cloud Airport
Expansion Issue. Pidcock added item XI.A.2. Use of the Internet. Enger added item
XI.D.2. Livable Communities Update.
MOTION: Case moved, seconded by Tyra-Lukens, to approve the agenda as published
and amended. Motion carried unanimously.
H. OPEN PODIUM
Tom Fisher, an Eden Prairie resident, voiced concern about the various proposals
regarding Highway 212, Interstate 494 and other projects. Harris said the City Council
has no position at this time. She said there may be some type of Town Meeting in mid
to late January on the two projects that affect Eden Prairie, and noted there is a
requirement that all affected communities agree to the proposals.
M. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY.NOVEMBER 21.
1995
MOTION: Thorfinnson moved, seconded by Pidcock, to approve as published
the minutes of the City Council/Staff Workshop held Tuesday, November 21,
1995. Motion carried with Tyra-Lukens abstaining.
CITY COUNCIL AGENDA
December 5, 1995
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY. NOVEMBER 21. 1995
MOTION: Pidcock moved, seconded by Case, to approve as published the
minutes of the City Council Meeting held Tuesday, November 21, 1995. Motion
carried with Tyra-Lukens abstaining.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. RESOLUTION 95-203 AWARDING IMPROVEMENT CONTRACT FOR
1996 MAINTENANCE MATERIALS AND WATER TREATMENT
CHEMICALS. I.C. 96-5395
C. RESOLUTION 95-204 REQUESTING MnDOT TO ENTER INTO A
COOPERATIVE AGREEMENT FOR CONSTRUCTION OF TRAFFIC
SIGNALS AT TH 169 AND FOUNTAIN PLACE
D. VALLEY PLACE OFFICE- PHASE II by Design I of Edina. 2nd Reading of
Ordinance 38-95 for Zoning District Amendment in the Office Zoning District on
0.67 acres and Adoption of Resolution 95-205 Approving Site Plan Review for
Valley Place Office - Phase II and Approval of a Supplemental Developer's
Agreement for Design I of Edina. Location: 9973 Valley View Road.
(Ordinance 38-95 for Zoning District Amendment and Resolution 95-205 for
Site Plan Review)
E. RESOLUTION 95-206 GRANTING FINAL APPROVAL OF $1.450,000.00
• IN MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS FOR
CHALLENGE PRINTING (ROBERT LOTHENBACH PROJECT)
Regarding Item C, Harris asked if there will be a traffic signal on both sides of
the road. Director of Public Works Dietz said there will eventually be an
extension to the east of Hwy 169; however, there are no proposals for
development at this time.
MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve Items A-E of
the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. VACATION 95-09: VACATE EASEMENTS OVER PART OF LOT 6.
BLOCK 1, BLUFFS WEST 11TH ADDITION (Resolution 95-207)
Jullie said Lecy Construction has requested a modification to the scenic and
conservation easement for this property, which is the last lot in the Bluffs West
9th Addition. Per the staff report of November 21, 1995, staff recommends
CITY COUNCIL AGENDA
December 5, 1995
Page 3
approval of the request, with the requirement the builder permanently post the
new scenic and conservation lines in order to avoid problems in the future.
Tyra-Lukens asked if this is a spec home and, if not, is the purchaser aware of
the conservation easement. Lambert said it is a custom-built home for Mr. Lecy,
and he is aware of the easement.
There were no comments from the audience.
MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing;
and to adopt Resolution 95-207 for Vacation 95-09, vacating easements over part
of Lot 6, block 1, Bluffs West l lth Addition, subject to the recommendations of
the staff report of November 21, 1995. Motion carried unanimously.
B. ANDERSON LAKES COMMERCIAL CENTER 3RD ADDITION by 169
Anderson Lakes Corporation. Request for Preliminary Plat of 11.3 acres into 2
outlots and road right-of-way. Location: Anderson Lakes Parkway and Aztec
Drive. (Resolution 95-208 for Preliminary Plat)
Enger said this is a housekeeping item. The plat has been revised to eliminate
the property of the one owner who was not willing to proceed with the replatting
at the November 7, 1995 meeting.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public
Hearing; and to adopt Resolution 95-208 for Preliminary Plat Approval of 11.3
acres into 2 outlots and road right-of-way. Motion carried unanimously.
C. REQUEST FOR HOUSING REVENUE REFUNDING BONDS RELATING
TO TANAGER CREEK PROTECT
Jullie said this item should be continued to the December 19 meeting.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Thorfinnson, to continue the Public
Hearing to the December 19, 1995, meeting. Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Payment of
Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock,
Thorfinnson, Tyra-Lukens and Harris voting "aye."
VII. ORDINANCES AND RESOLUTIONS
CITY COUNCIL AGENDA
December 5, 1995
Page 4
VIII. PETITIONS. REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
1. HOUSING. TRANSPORTATION AND SOCIAL SERVICES BOARD -
Update on Hope Program
Dave Lindahl, HRA Manager, said the City's HOPE program (Housing,
Opportunities, Partnerships, and Employment program)has been in place for nine
months. They wanted to update the Council on the program by having a
participant and a volunteer family share their experiences.
Mary Keating, coordinator of the mentor and participant families for HOPE, said
there are 22 families matched in the program. As the coordinator, she interviews
prospective volunteer families and participants, provides training for the
volunteers, matches families together and supervises the volunteer/participant
relationship for the 12-month commitment.
Keating introduced Valerie Olson, a participant in the HOPE program. Ms.
Olson said she became interested in the program because she needed to further
her education in order to support her three children. She is continuing her
education at Hennepin Technical College.
Brian and Julie Kartow described the volunteer program and how they became
involved in it.
Harris said she was excited the City and the volunteers have been able to develop
this program that provides hope for a better future for the participants.
Pidcock said this is a wonderful one-on-one program and thanked Councilmember
Thorfinnson for his time and energy with the project. She noted Mr. Lindahl is
skilled, committed and caring.
2. HERITAGE PRESERVATION COMMISSION - Heritage Site Recognition
Program
Lambert introduced members of the Heritage Preservation Commission who were
present to review the details of the Heritage Site Recognition Program. Cheryl
Younghans said the City has completed a three-year cultural resources survey that
evaluated sites throughout Eden Prairie. The survey identified over 200 sites that
have some significance. Younghans described the process proposed for heritage
site designation.
Jane Hessian, Commission member, showed the two types of markers proposed,
one for homes and one for roadside, park and open space use. Staff and the
CITY COUNCIL AGENDA
December 5, 1995
Page 5
Heritage Preservation Commission recommend the allocation of$2,556.45 in the
1996 budget to cover the purchase of 25 of each type of marker.
Tyra-Lukens asked why the first eleven sites were chosen over other sites, and
if the six City-owned sites on the list of eleven represents the relative proportion
of City-owned sites on the rest of the list. Hessian said the eleven were chosen
because they represent a wide range of structures and landscapes, and the
majority of the remaining identified sites are privately held.
Tyra-Lukens asked if the Commission is required to come before the Council for
approval. Younghans said no action is necessary on the sites. Hessian said the
program is designed to raise the recognition of heritage preservation sites.
Tyra-Lukens asked if it will be clear to the property owner there are no
restrictions on the property because of this designation. Younghans said there are
no restrictions on the properties that get the recognition plaque designation. If
we choose to pursue some local designation, a Public Hearing will be required
and there will be property owner input. Thorfinnson asked if we can force local
designation. Younghans said national designation has been forced in the past;
however it is a long process and they don't see us enforcing this on a local level.
Case said there have been takings that have been upheld in court, but we are not
getting into that.
MOTION: Case moved, seconded by Tyra-Lukens, to approve the establishment
of a Heritage Site Recognition program and to approve funding of the purchase
of 50 site markers at a cost of$2,556.45 to be included in the 1996 budget.
Case said he would like to see each of the three alternatives proposed for funding
addressed.
Thorfinnson asked which budget this would come from. Lambert said it would
be the General Fund reserve. Thorfinnson said he would like to see the fund kept
up by some other means after we make the initial investment.
Case said there are not an unlimited number of sites and he thought we should
ask the Heritage Preservation Commission to work through this and come back
with recommendations to continue the funding in the future, and perhaps
reimburse some of the up front funding.
Pidcock expressed concern the property owners not feel coerced into the program.
AMENDMENT TO THE MOTION: Thorfinnson moved, seconded by Case,
to add to the motion the directive that the Commission develop alternative means
of funding the signs, whether through grants or by participation of owners.
Motion carried unanimously.
VOTE ON THE MOTION AS AMENDED: Motion carried unanimously.
CITY COUNCIL AGENDA
December 5, 1995
Page 6
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Flying Cloud Expansion Issue
Case said he was concerned the Metropolitan Council debate on this issue
has never addressed the need issue, and there has been no cost benefit
analysis.
Enger said the Met Council last met to review the long term
comprehensive plan on April 1, 1995, but suspended the review while
pursuing a mediation effort undertaken with the Met Council in the role
of mediator. He said Staff believed the information necessary to make a
correct decision by the Met Council and by M.A.C. was contained in the
mediation report. Enger said the Transportation Committee of the Met
Council met last night, continued the discussion to December 18th, and
directed the legal staff to look at several questions. In communications
today, staff framed the questions as we see them in order to help make
them aware of our opiniona and concerns.
Harris said the issues identified over the years have still not been fully
addressed. She asked if there is some equivocation around Zone B.
Enger said there is.
MOTION: Case moved, seconded by Tyra-Lukens, to reaffirm the City's
opposition to the Metropolitan Airport Commission proposal to extend the
runways at Flying Cloud Airport. Motion carried unanimously.
2. Use of the Internet
Pidcock asked Staff to look into the possibility of raising money by
arranging for the community to use the Internet. Tyra-Lukens said she
heard about that being done in other communities.
Enger said we are looking into a portion of this issue through discussions
with the School District to have a community bulletin board that allows
access to the Internet and free E-Mail. Staff will explore the possibilities
and return with information within a month.
B. REPORT OF CITY MANAGER
CITY COUNCIL AGENDA
December 5, 1995
Page 7
C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES
1. Recommendation regarding Outdoor Recreation Grant and Status of
Kline/Peterson Parcel No. 1 Option
Lambert said the Parks, Recreation & Natural Resources Commission at
their November 20, 1995 meeting, recommended that the $50,000 grant
avaiable for the acquisition of the Parcel No. 1 option on the
Kline/Peterson property be returned to the State of Minnesota, and the
purchase of this parcel be postponed in order to have funds available for
more immediate projects. The Commission recommended Eden Prairie
citizens have an opportunity to vote on the acquisition of these parcels
prior to the option expiring.
Harris asked if it would be realistic to expect a better grant in the future.
Lambert said there are no guarantees, and grants are getting tougher to
acquire.
Harris asked if there is any opportuntiy to tie down the grant money in a
multi-year purchase. Lambert said we need to make the decision on the
grant by December 8, and would have until the end of 1997 to complete
acquisition of the property.
Harris asked how important the property is to completing the park system.
Lambert described the property and some of the potential uses if it
becomes part of the park system.
A discussion followed about alternative means of funding the purchase and
the status of the cash park fees. Councilmembers were reluctant to
deplete cash park fees, but suggested we explore alternatives and put the
purchase on a referendum before the option expires.
MOTION: Case moved, seconded by Tyra-Lukens, to turn back the
$50,000 grant for the purchase of Parcel No. 1 of the Kline/Peterson
property. Motion carried unanimously.
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
1. Land Use Alternatives for.Dell Road, Highwya 5. and Cascade Drive
Enger said the Council directed staff to return with alternatives for the
western portion of the property at Dell Road, Highway 5 and Cascade
Drive after approval was given for the day care center on the eastern
portion. Mike Franzen, City Planner, reviewed the seven alternatives
developed for the property, noting there is a petition from the
CITY COUNCIL AGENDA
December 5, 1995
Page 8
neighborhood requesting that alternative seven for a one-story office
building be approved.
Thorfinnson said he liked the low income housing proposal, and his seond
choice was alternative two, combined retail and office.
Pidcock asked if there is retail designated further down Dell Road.
Franzen said there is a piece of property for 20,000 square foot retail
further south on Dell opposite the proposed interchange of Highway 212.
Pidcock said she thought the 48-unit low income rental housing would be
a good alternative.
Tyra-Lukens preferred the two-story office, alternative 3. She was not
sure this is the spot for low income housing, so she would be hesitant to
go with that option. The two story structure could be converted to have
a few retail shops on the first level at some point in the future.
Case said he would choose alternative two for the future purposes of the
City; however, he also liked alternative three. His third choice was the
low income housing alternative but he thought putting it on that site
without the support systems would create isolation.
Harris said the developer has transferred a fair amount of assessments to
this property so alternatives two or three would bring a fair return on
investment to the developer. She thought retail and neighborhood
commercial reduces the traffic problems and provides convenience for the
community, so she would lean toward alternative two.
Pidcock said it is important to have a convenience center within walking
distance in such developments. She has received a lot of phone calls on
this, and is concerned that the neighborhood be happy with it.
Tyra-Lukens said a retail use on the property would produce longer hours
of traffic, while office would have the same amount of traffic but during
a more condensed period of time.
Thorfinnson was concerned that, by choosing alternative three, we take
the land value down from $6 to $5. He thought this should be considered
in our decision because the developers relied on PUD approval.
MOTION: Case moved, seconded by Tyra-Lukens, to recommend the
developer go back through the process with plans similar to Alternative
3--a two-story office building.
Case said he could appreciate the dollar problem; however, this was a
huge PUD that has been developed.
CITY COUNCIL AGENDA
December 5, 1995
Page 9
Enger said they might consider increasing the amount of office space.
Pauly said this is not a rezoning hearing, and the preferable course of
action is to adopt a concept approach. Pidcock expressed concern the
Council may be stating we will vote in a certain way after the planning
process. Pauly said he didn't draw that conclusion from the motion or
from the staff proposal.
VOTE ON THE MOTION: Motion carried unanimously.
2. Livable Communities Update
Enger said we have come to a preliminary agreement with the
Metropolitan Council staff in which they have moved toward a position of
accepting the goals we suggested for meeting the Livable Communities
Act. The goals we suggested are much more reasonable and "doable."
We will try to affect future housing, not necessarily the entire housing
stock, and will try to reach a goal of 30% of all new housing in 1996 that
is at $115,000 or lower value. We have been meeting that goal in the last
three years with our multi-family housing. We also will try to reach a
goal of 20% rental for all new housing; a goal of 35% of all future
housing to be multi-family in order to provide life-cycle housing; a goal
of two units per acre for single family density; and a goal of ten units per
acre for future density of multi-family units.
Enger said he was most concerned the Met Council staff felt it was
supportable at the Met Council level. He noted his written report will be
distributed to Councilmembers.
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XIII. ADJOURNMENT
MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion
carried unanimously. Mayor Harris adjourned the meeting at 9:55 p.m.
.T.70Th
UNAPPROVED MINUTES
CITY COUNCIL TRUTH IN TAXATION PUBLIC HEARING
WEDNESDAY, DECEMBER 6, 1995 7:30 P.M. CITY CENTER
CITY COUNCIL PUBLIC HEARING Council Chambers, 8080 Mitchell Road
COUNCILMEMBERS: Mayor Jean Harris, Councilmembers Ron Case,
Nancy Tyra-Lukens, Patricia Pidcock, and Ross
Thorfinnson, Jr.
CITY COUNCIL STAFF: City Manager Carl Jullie, Assistant City Manager
Chris Enger, Director of Human Resources and
Community Services Natalie Swaggert,Police Chief
Jim Clark, Director of Public Works Gene Dietz,
Director of Assessing and MIS Steve Sinell,
Director of Finance John Frane, Director of
Inspections Kevin Schmieg,Economic Development
Manager Don Uram, and City Recorder Barbara
Anderson
CALL TO ORDER
Mayor Harris called the meeting to order at 7:30 p.m. and explained this was a public
hearing being held to allow the citizens of Eden Prairie to express their opinions on the
proposed 1996 budget. If the Public Hearing is concluded, the 1996 Budget will be
adopted at the City Council meeting on December 19.
City Manager Carl Jullie gave an overview of the proposed budget for 1996. Handouts
were made available to the public, which included the main points. Jullie noted copies
of the complete budget, which include line item details, were available to citizens upon
request.
Jullie reviewed the tax-supported services in the City and their projected costs to the
average median household per year. He discussed the scenarios which had been
considered as alternatives when the budget was developed, and the measures the City
would need to take to achieve a balanced budget without utilization of one-time revenues
in the general operating fund. He discussed the tax levy decisions, which were made in
1992 and 1993 during the recession, to alleviate the tax burden on the citizens of Eden
Prairie. This would now need to be made up by implementing a new budget strategy,
which would allow for a balance in expenses and revenues for the future.
Jullie discussed the overview of the 1996 budget which has been developed under the
direction of the City Council. The Uniform Building Code 1994 fee schedule will be
adopted by the City of Eden Prairie, which will generate more revenue from new
construction and developments. He discussed a summary of tax capacities, tax levies and
tax rates, and noted the tax capacity rate for 1996 has decreased slightly; however,
because property values have increased, the taxes have also slightly increased.
Jullie reviewed the revenue sources for 1996 and noted there was a significant drop in
the Use Of Fund Balance for 1996. Expenses were reviewed, and he noted there were
City Council Minutes
December 6, 1995
Page 2
no funds allocated for non-budgeted special requests. The reduction of debt for the City
in the future was delineated, using the proposed budget strategy.
Mayor Harris opened the Public Hearing.
A letter from Michael D. Lubratovich of 8933 Hilloway Road, requesting the City to
reconsider a correction to his property taxes was received.
Ron Moeller, 9511 Bennett Place, asked about the status of development of commercial
property. Jullie responded there had been a 1% increase in commercial development
values which reverses the trend of significant downturn of Commercial/Industrial
property values over the past few years. The City anticipates there will be an increase
in commercial development in the near future before the City becomes entirely developed
after the year 2000. Moeller inquired about the 15.6% increase in costs for services.
Jullie responded that some of these revenues would be generated by user fees, which are
detailed in the main budget. Moeller inquired about the varying amount of tax increases
for the different property values. Jullie explained the distribution of the tax levy to the
various classes of property is controlled by the State. He noted the legislature will be
looking at major changes in the way public services are funded.
Glen Wilson, 10540 Purdey Road, commented perhaps a 6% tax increase was
manageable, but when combined with the school district levy of 4.5% it created a tax
increase of over 10% which may not be manageable for everyone. Jullie responded the
increase for services that the City provides are only slightly more and appeared to be
something that the citizens of Eden Prairie would accept. Eden Prairie is in the top ten
percent of communities within the metro area in terms of satisfaction of services provided
to its residents. The expenditures have been limited and staff is endeavoring to make the
system work better and more efficiently in order to still provide the same levels of
services and keep costs down. Wilson commented he believed the development of the
City's downtown area with its water tower clocks, eight foot sidewalks, and colored
concrete, etc. was lavish and a waste of taxpayer money and such things should be
eliminated. Jullie explained the funding for the downtown area improvements came from
the utility funds and tax increment financing districts, and were planned for long ago by
past City Councils. These did not cause any property tax increases, but were intended
to create a City Center which would be attractive to businesses and the entire community.
Mayor Harris commented this area was intended to become a walking community and
that was a major reason the plans had been developed in this manner. Wilson stated he
did not believe that the water tower would ever attract tourists to Eden Prairie. He
believed this community was a strip mall type of community and people did not walk
from Bachmans to Walmart or the Eden Prairie Center, they drove.
Steve Krauss, 6832 Sugar Hills Circle, commented it appeared that the tax increase was
based more on decreases in revenues rather than on increased spending, and he inquired
if the City had foreseen this occurring in the past and what steps they had taken to offset
the consequences of this. Jullie responded there had been a decrease in non-tax revenues
and to help compensate, increases for operational costs were essentially frozen for '96.
City Council Minutes
December 6, 1995
Page 3
Residents in Eden Prairie have higher expectations of levels of services than in other
parts of the metropolitan area, which is one reason it can be difficult to reduce the costs
of these services. Krauss stated he was concerned the net income of the citizens of Eden
Prairie might only increase one or two percent and not at the rate of inflation, which is
what the budget appeared to be based on. He was concerned about the projected taxes
shown on the chart on page 7 in the budget summary which indicated that taxes would
be about 35 million dollars by the year 2005. He was concerned where this revenue
would come from, since the population was predicted to level out and commercial
development would be completed by that time. It appeared in ten years the property
taxes in the City of Eden Prairie would have doubled if there is a tax increase of 5%
every year between now and then. Jullie responded the percent of tax increases was
projected based on a computer generated model, but was not intended to be a reflection
of what the City intended in the future. Krauss believed the Council should pay attention
to net income in the City as that might prove to be a better guideline for future tax
increases.
Craig Pixley, 16001 Alpine Way, believed the projected revenues for the next ten years
would not yield the figures proposed, and he inquired how the City planned to attract the
commercial development that would make up the difference. Jullie responded there were
some major development proposals on the horizon which will be completed, but the
figures are revised every year to bring them into alignment with what is actually
occurring within the City. Pixley inquired how much land was left to be commercially
developed. Steve Sinnel responded the Assessing Department makes an estimate of the
undeveloped acreage left and attempts to predict how that might be developed, and does
the same with the residential acreage. This is revised monthly, but projections tend to
become more inaccurate the farther out they are predicated. Pixley asked if businesses
could be screened in such a way that there would be less fiscal disparity. Pidcock
responded this was regulated by the State, and the City could not control that. Sinnell
commented that tax capacity under the Fiscal Disparity law is contributed into the pool
at the rate of 40% regardless of its variety. Pixley commented taxes were increased by
6.9% by the City because of the increase in property valuation and he believed this was
a greater impact than just City taxes because the total tax increase came to about 17%
when everything was included.
Cathy Ronayne, 16380 Adret Court, stated it was very important for the City to
communicate with the citizens of Eden Prairie about the tax and budget information, and
the reasons behind the figures. The taxes for most residents will increase about 5.8%
and she was concerned about the ultimate impact of this because of the school district tax
increase. She felt tax increases should be at the same level as income increases, and
these were in excess of that rate. She noted the budget only reduces expenses by three
million dollars over a ten-year period. Jullie commented services will need to be
increased as the population increases. Ronayne commented controlling growth was
critical, and she was not sure that this was the best solution. If growth is controlled,
then spending for services can also be controlled. Harris commented there was no
nefarious plan in place to increase home values; the increase reflects the market value
and the desire of people to live in Eden Prairie. The City has effectively achieved a plan
City Council Minutes
December 6, 1995
Page 4
to balance out property development rights versus what the City perceives as best for it
in the future. Case commented the senior population will have increased substantially
in the next ten years compared to its present level.
Sinell reviewed the process of assessing the market valuation of homes. Initially the
Assessing Department sets values and classifications before the governing body begins
to look at those. Not all properties increase in value at the same rates. Many factors
are taken into account when determining property value increases. Hennepin County
statutes, which are enforced by the Department of Revenue and Hennepin County,
require that properties be evaluated at the current market value, which falls into a range,
not an absolute value. Most of these figures fall into the 90-105% range, which is
meeting the market value standard. Sanctions are imposed by Hennepin County if
properties are underassessed, and the County will require the City to increase all the
property values, usually as much as 5%, and there is no appeal for this valuation
increase. Harris commented this was a system of checks and balances implemented to
insure fairness in the system.
A resident of North Lund Road stated his property taxes had been increased by 19.2%,
and he believed it was time for the City of Eden Prairie to get back to basics and
eliminate some of the frills which have become part of everyday life. He stated he had
lived in Eden Prairie for 33 years, and his park had never been improved except for the
installation of an outhouse, which leans.
Krauss inquired why there was going to be such an increase in revenues and expenses
over the next ten years. Enger responded the reason for the expenditure increases was
to close the gap created by deficit spending, which was created by Council actions in
1992 and 1993. The bar chart does not forecast a significant decrease in services or
spending; he noted that a freeze on spending had been implemented that would help make
up the deficit over time. He added levels of service may also be lowered over time,
which could also reduce future tax levies. Krauss commented he did not understand why
the levels of spending increased so greatly over the ten year period, because there would
not be that many more people moving into Eden Prairie to account for that large an
increase. He also felt the City should inform future residents about the plans for tax
increases.
Thorfinnson explained he was most hesitant to say the chart was the actual expectation
of the City regarding what would happen in the next ten years. The objective of the
budget modeling process was to eliminate the use of one-time revenues to fund operating
expenses for the City, and this plan had achieved that, by bringing the revenues and
expenses into alignment without the use of one-time revenues. The result was to hold
the line on expenses and program increases; the plan really only addresses the next one
or two years. He anticipated there will be a reduction in expenses for services in the
future by quantifying services. Levels of services are projected to increase because of
the projected increases in population. In the future, the residents will need to decide
which services they want to keep, and which services they are willing to do without, in
order to reduce costs and, ultimately, their taxes.
City Council Minutes
December 6, 1995
Page 5
Harris explained the graph was based on a computer generated model, and not an actual
predication of the expectations of that Council or staff. It was not something which was
definite as there will be changes in legislation which will impact this plan, as well as
updates which will take place as changes occur. Tyra-Lukens commented they are
committed to eliminating reliance on one-time revenues, and reaching a point where a
balance is achieved between revenues and spending.
Mr. Ingram, 17054 West Bay Road, inquired who created the deficit in the first place.
He commented he could not spend more money than he earned, and he believed the City
will never go bankrupt because they will just keep raising the taxes!
Glen Wilson felt the City could do with less in order to keep the taxes down. He felt
the school district referendum should be held at the same time as other elections to
reduce those costs as well, and allow more people to vote. Pidcock responded the City
does not have control over the school district. She also indicated Councilmembers
received increases in their taxes as well, and were just as interested in keeping the costs
low. All City departments share equally in responsibility for the budget and keeping
costs as low as possible. Case noted many of the telephone calls he receives are requests
for more services and amenities, which residents desire to have provided by the City.
As a Councilmember, his primary responsibility is to balance the budget and he believed
communication regarding the costs of amenities and services needed to be relayed to the
community to facilitate better understanding between the Council and the citizens.
Harris stated the City was very sensitive to these issues and will attempt to address them.
Spending is being reduced and she noted the City had recently turned down a request for
a new Art Center building, the purchase of more land for preservation, and denied a
request for a third ice rink.
Sven Gaffert, 16100 Hillcrest Lane, asked about the deficit. Thorfinnson explained the
City has always maintained a balanced budget. The "deficit" was really the use of one-
time revenues as operating funds. This practice is now being eliminated, thereby
balancing the revenues and expenditures. Gaffert commented he felt it was unfair to
people who had moved into Eden Prairie to have their taxes increased when the residents
who had voted for these increases were no longer residents. He stated he had appealed
his valuation but it had not been adjusted.
Steve Becker, 17170 Rogers Road, commented he was surprised by his 19.3% property
tax increase, and inquired about a law that only allowed a 10% tax increase. Sinnel
responded the law states that he would pay no more than 10% even though the value may
have increased more than that. There are refunds available for persons whose taxes go
up more than a certain percentage. He noted assessing staff were present at the meeting
and would be able to assist any residents who had questions regarding their taxes.
Kathy Kardell, Timberlake Drive, commented she understood the debt obligations for the
City included a new water plant and inquired if there had been any further refinement
of those plans. Gene Dietz responded it will be funded entirely from user fees and
City Council Minutes
December 6, 1995
Page 6
special assessments. Kardell inquired if the Council had made an effort to hold down
taxes and utility fees. Dietz responded a $12.50 fee has been charged on water bills to
provide funds, and also SAC charges had been collected for new developments. Kardell
inquired about storm water charges. Dietz responded a comprehensive plan was in
process through the Metropolitan Council. Once that was approved, the City would be
required to develop its own stormwater management plan to implement water quality
issues in Eden Prairie. Kardell commented perhaps there were other fees that citizens
should be aware of, such as the use of tax increment financing dollars for downtown area
improvements. Jullie commented all tax increment financing districts had now expired.
Kardell commented she was concerned about the State role in affecting the amount of
property tax increases, because she believed perhaps she would not be able to afford to
continue to live in Eden Prairie if these increases continued at their present rates.
MOTION: Tyra-Lukens moved, Pidcock seconded, to close the Public Hearing. All
voted in favor. Motion carried.
The Public Hearing was closed.
MOTION: Pidcock moved, Case seconded, to schedule consideration of the Resolution
adopting the proposed budget for the December 19, 1995 City Council meeting. All
voted in favor. Motion carried.
Mayor Harris thanked all the residents who spoke and had attended the meeting.
II. ADJOURNMENT
MOTION: Thorfinnson moved, Pidcock seconded, to adjourn the meeting. All voted
in favor. Motion carried.
The meeting was adjourned at 9:30 p.m.
p CITY COUNCIL AGENDA
DATE:
pra�� SECTION:. CONSENT CALENDAR 12-19-95.
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance - Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A
4
THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE
LICENSED ACTIVITY.
RENEWAL LICENSES FOR 1996
ON SALE LIQUOR It SUNDAY LIQUOR 3.2 BEER ON SALE
Applebee's Restaurant Cedar Hills Golf Park
Bent Creek Golf Club, Inc. Davanni 's Pizza
BUCA Eden Prairie Lion' s Tap
Chi-Chi ' s, Inc. Pizza Hut, Inc.
Ciatti 's, Inc. Residence Inn By Marriott
Courtyard By Marriott Signature Beef & Grill , Inc.
Doolittle' s Twin Panda Restaurant
Leiserv, Inc./Family Fun World
Great Mandarin Restaurant 3.2 BEER OFF SALE
Green Mill Restaurant
Half Time Restaurant Lion' s Tap
Kabuki Restaurant
Leeann Chin, Inc. 3.2 BEER OFF SALE & CIGARETTE
Olympic Hill Corporation
Stars Restaurant Brooks Supperette # 51
Timber Lodge Steakhouse Cub Foods
Hiawatha Marketing, Inc.
ON SALE LIQUOR Jerry' s New Market
PDQ Food Store
MA MA D'S OF EDEN PRAIRIE Rainbow Foods
W. Gordon Smith Co.
ON SALE CLUB & SUNDAY LIQUOR Superamerica #4159-4269-4441
Tom Thumb # 275 & 269
Eden Prairie Lion Club
CIGARETTE
•
ON SALE WINE & STRONG & 3.2 BEER -
Applebee' s Restaurant
Bakers Square Bent Creek Golf Club, Inc.
Beijing Chinese Restaurant Chi-Chi 's, Inc.
Cam Ranh Bay, Inc. Ciatti' s, Inc.
Detello' s Pizza & Pasta Courtyard By Marriott
Mr. Q' s Vietnamese Cuisine Doolittle' s
Leiserv, Inc./Family Fun World
Great Mandarin Restaurant
•
Green Mill Restaurant
Olympic Hills Corporation
Action/Direction.
•
12-19-95 page 1 .
DATE: 12/19/95
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: /Y,
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Final Plat Approval of Bearpath Townhomes 1st Addition
Division
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of Bearpath
Townhomes 1st Addition. •
Overview:
The preliminary plat was approved by City Council November 21, 1993 per Resolution No. 93-
219. Rezoning of the property and execution of the Developer's Agreement was done December
21, 1993.
JJ:ssa
cc:
\ / v. 13, 1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
BEARPATH TOWNHOMES 1ST ADDITION
WHEREAS, the plat of Bearpath Townhomes 1st 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 Bearpath Townhomes 1st Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated December 12, 1995.
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 December 19, 1995.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
n
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BEARPATH TOWNHOMES
• C.R. DOC. NO.
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- -
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-19-95
SECTION: 2ND READING
ITEM NO. TT
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger LAUKKA-JARVIS DEVELOPMENT
Michael Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt 2nd Reading of an Ordinance for Rezoning from Rural to R1-9.5 on 15.2 acres and
Planned Unit Development District Review on 15.2 acres;
• Approval of a Developer's Agreement
Supporting Reports:
1. Zoning Ordinance
2. Developer's Agreement
TIE C - )
LAUKKA-JARVIS DEVELOPMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 32-95-PUD-16-95
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 Rural District
and be placed in the Planned Unit Development R1-9.5 Zoning District 32-95-PUD-16-95 (hereinafter "PUD-16-
95-R1-9.5").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of December 19, 1995, entered into between Laukka-Jarvis, Inc., and the City of Eden
Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions
of PUD-16-95-R1-9.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-16-95-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-16-95-R1-9.5 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-16-95-R1-9.5 are justified by the design of the development described therein.
D. PUD-16-95-R1-9.5 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 removed from the
Rural District and shall be included hereafter in the Planned Unit Development PUD-16-95-R1-9.5 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.
c - Z
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 5th day of
September, 1995, 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 19th day of December, 1995.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on .
; C -3
LAUKKA-JARVIS DEVELOPMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 32-95-PUD-16-95
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 South of Riverview Road and east
of Riverview Drive from Rural to R1-9.5 on 15.2 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.)
Ti a - `-{
Laukka-Jarvis Development
Exhibit A
Legal Description
DESCRIPTIONS FROM CERTIFICATE OF TITLES NO. 751494 AND NO. 622260.
Government Lot 2, Section 35, Township 116, Range 22 except the East 657.63 feet thereof and
except that part of said Government Lot 2 lying Northerly and Northwesterly of the center line of the
Town Road. The East line of Government Lot 2 is marked by Judicial Landmarks set pursuant to
Torrens Case No. 12611, Section 35, Township 116, Range 22.
Subject to a gate valve permit dated September 9, 1954, filed for record October 20, 1954 and
recorded in Book 2017 of Deeds, page 624;
Subject to a pipe line easement dated September 9, 1954, filed for record October 20, 1954 and
recorded in Book 2017 of Deeds, page 630;
Subject to a perpetual non-exclusive easement for private road purposes as shown in deed Doc. No.
633750, Files of Registrar of Titles; (See Insi)
AND
Par 1: The East 400 feet of Government Lot 2, Section 35, Township 116, Range 22, except that part
thereof embraced in Registered Land Survey No. 640, Files of Registrar of Titles, County of Hennepin.
The East line of Government Lot 2 is marked by Judicial Landmarks set pursuant to Torrens Case No.
12611.
Par 2: West 257.63 feet of the East 657.63 feet lying South of the center line of the town road, of
Government Lot 2, Section 35, Township 116, Range 22, according tot the United States Government
Survey thereof.
Subject to restrictive covenants and agreements as shown in Doc. No. 914237, Files of Registrar of
Titles, until March 31, 1990, (See Inst) (as to Par 1)
Together with a Perpetual non-exclusive easement for private road purposes lying 10 feet on either side
of the following described center line: Beginning at the Northwest corner of the tract of land above
described; thence South along the West line of the above described tract 613 feet to the point of
beginning of the center line to be described;thence North 67'11' West 50 feet; thence North 32.7'
West 320 feet to the center line of the town road and there terminating, as shown in deed Doc. No.
633750, Files of the Registrar of Titles. (as to Par 2)
DEVELOPER'S AGREEMENT
LAUKKA-JARVIS DEVELOPMENT
THIS AGREEMENT, made and entered into as of December 19, 1995, by Laukka-Jarvis, Inc., a
Minnesota Corporation,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 Comprehensive Guide Plan Change to amend the MUSA
line, Planned Unit Development Concept Review on 43.2 acres, Planned Unit Development District Review on
15.2 acres, Rezoning from Rural to R1-9.5 on 15.2 acres and Preliminary Plat of 43.2 acres into 48 lots for
construction of 48 single family lots, 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. 32-95-PUD-16-95 and
Resolution No. 95-164, Preliminary Plat, 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 reviewed and
approved by the City Council on September 5, 1995, revised and dated August 30, 1995, 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. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City Engineer,
and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim
irrigation systems and storm sewer.
Upon approval by the City Engineer, Developer agrees to implement the approved sreet and
utility plans prior to building permit issuance.
4. 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
C — 6
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.
B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall
submit and obtain City Engineers approval of an Erosion Control Plan for the Property.
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. Upon approval by the City Engineer, Developer agrees to implement the
approved final grading and erosion control plan.
5. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City
and receive the City's approval of a final landscape plan for the Property. Said 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 and receive
the City'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.
6. PARK DEDICATION: Developer agrees that prior to the release of the final plat, INSERT
LEGAL as depicted on Exhibit B, attached hereto, shall be dedicated to the City for
park purposes. The Developer further agrees that Outlot shall be dedicated to the City free
and clear of any liens, mortgages, or encumbrances, and in accordance with the terms and
conditions of Exhibit C, attached hereto.
7. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code
requirements within the R1-9.5 District through the Planned Unit Development District Review
for the Property and incorporates said waivers as part of PUD-16-95.
A. Waiver from the minimum lot size of 9,500 sq. ft. as shown on Exhibit B attached hereto.
B. Waiver from the front yard setback of 30 feet to 25 feet as shown on Exhibit B attached
hereto.
C. Waiver from the minimum setyard setback of 10 feet to 5 feet for side yards as shown
on Exhibit B attached hereto.
D. Street frontage waiver from 70 feet as shown on Exhibit B, attached hereto.
8. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance
by City of any permit for grading or building on the Property, Developer agrees to submit to the
Chief Building Official and to obtain the Chief Building Official's approval of, plans for
C 7
demolition and/or removal of existing structures, septic systems, and wells on the Property.
Prior to such demolition or removal, Developer shall provide to the City a certified check in the
amount of$1,000.00 to guarantee compliance with the plan and the restoration of the Property
to grade.
City agrees to return said certified check to Developer after the demolition or removal is
completed and after it is verified by City that the structures, well, and/or septic system have been
property demolished or removed and that the Property has been restored to grade.
9. 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. Said walls shall be of a masonry construction.
Upon approval by the Chief Building Official, Developer agrees to construct, or cause to be
constructed, said retaining walls, as approved by the Chief Building Official, concurrent with the
grading, street, and utility construction on the Property, and in accordance with the terms and
conditions of Exhibit C, attached hereto.
10. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for
grading or construction on the Property, Developer shall submit to the Director of Parks,
Recreation, and Facilities, and obtain the Director's approval of detailed plans for sidewalks and
trails to be constructed on the Property. Said sidewalks and trails shall be constructed in the
following locations:
A. A five-foot wide concrete sidewalk to be located on one side of the street as depicted in
Exhibit B, attached hereto.
B. An eight-foot wide bituminous trail to be located along the south side of Riverview Road,
as depicted in Exhibit B, attached hereto.
Upon approval by the Director of Parks,Recreation,and Facilities, Developer agrees to construct,
or cause to be constructed, said sidewalks and trails, concurrent with street construction on the
Property, and in accordance with the terms and conditions of Exhibit C, attached hereto.
11. TREE LOSS - TREE REPLACEMENT: There are 7091 inches of significant trees on the
property. Tree loss is calculated at 1127 inches. Tree replacement required is 203 inches. Prior
to the issuance of a grading permit, Developer shall submit to the City Forester and receive the
City Forester's approval of a tree replacement plan and security for 203 inches in accordance
with City code. Said plan shall include replacement trees of a 3 inch diameter minimum size for
a shade tree and a seven foot minimum height for conifer trees.
Upon approval by the City Forester, Developer agrees to implement or cause to be implemented
the approved tree replacement plan for 203 caliper inches concurrent with building construction.
12. HOME CONSTRUCTION: Developer agrees to construct homes in such a manner that no two
exterior elevations shall have the same or similar front facades of colors,materials, textures, roof
lines, doors and windows, side by side, opposite or diagonally across from each other.
13. INDIAN BURIAL MOUNDS: Developer and City acknowledge the presence of Indian Burial
Mounds as shown on Exhibit B, attached hereto. No development, construction, grading or final
plat approval may occur in Phase II and III until there has been full compliance with applicable
federal, state and local laws.
14. ASSESSMENTS: Developer acknowledges that the property will be assessed for trunk sanitary
sewer and water charges of$47,941 based on 14.37 ac @ $3,300 per acre.
Additionally, this property has deferred assessments that will be levied as follows:
• $30,848.71 for sanitary sewer and water laterals.
• $118,575.31 for storm sewer, including interest.
C-
- 9
DATE: 12/19/95
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: /`/, /D
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of The Bluff at Riverview
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of The Bluff
at Riverview subject to the following conditions:
• Receipt of warranty deed for Outlot C for park purposes
• Completion of vacation of private drive easement along the southwest portion of the plat
• Receipt of engineering fee in the amount of$1,920.00
• Receipt of street lighting fee in the amount of$4,439.00
• Receipt of street sign fee in the amount of$478.00
• Revision of street name "Riverview Bluff Road"
• Revision of plat to include a drainage and utility easement over the private drive along
the easterly portion of the property for utility purposes
• The requirements as set forth in the Developer's Agreement
Overview:
This proposal is the Laukka-Jarvis subdivision located south of Riverview Road, consisting of
48 single family lots, three outlots, and right-of-way dedication for street purposes.
Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement is
scheduled for the City Council meeting December 19, 1995.
JJ:ssa
cc: Peter Jarvis
Joel Cooper, James R. Hill, Inc.
1 U. D.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
THE BLUFF AT RIVERVIEW
WHEREAS, the plat of The Bluff at Riverview 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 The Bluff at Riverview is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated ,
1995.
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 December 19, 1995.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
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DATE: 12/19/95
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: i V. Z.
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Jamestown of Eden Prairie 3rd Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of
Jamestown of Eden Prairie 3rd Addition subject to the following conditions:
• Receipt of cross parking and maintenance agreement addressing the shared access and
maintenance of parking and storm water utilities
• The requirements as set forth in the Developer's Agreement
• Receipt of engineering fee in the amount of$447.00
• Receipt of street lighting fee in the amount of$1,429.00
Background:
This proposal, located at the feast quadrant of Dell Road and Cascade Drive consists of two
lots. The easterly lot is the proposed site of the KinderCare facility to be constructed and the
westerly lot is the future site for an office use to be determined in the future.
Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was
completed November 21, 1995.
JJ:ssa
cc: Tandem Corporation
///,t•/
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
JAMESTOWN OF EDEN PRAIRIE 3RD ADDITION
WHEREAS, the plat of Jamestown of Eden Prairie 3rd 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 Jamestown of Eden Prairie 3rd Addition is approved
upon compliance with the recommendation of the City Engineer's report on this
plat dated December 13, 1995.
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 December 19, 1995.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
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DATE: 12/19/95
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: ix
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Birch Island Acres 2nd Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of Birch
Island Acres 2nd Addition subject to the following conditions:
• Completion of the vacating of a portion of Kurtz Lane over Lot 5
• Receipt of conservation easement for the protection of trees
• Dedication of Outlot A and B to the City for storm water handling
• Receipt of engineering fee in the amount of$320.00
• Receipt of street lighting fee in the amount of$856.00
• Receipt of street sign fee in the amount of$285.00
• The requirements as set forth in the Developer's Agreement
Background:
Birch Island Acres 2nd Addition, formerly Pafko 2nd Addition, is located along the westerly
extension of Kurtz Lane and consists of eight single family lots, two outlots and right-of-way
dedication for street purposes.
Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was
completed July 18, 1995.
JJ:ssa
cc: Roger and Addi Halverson
Richard Schutrop
Ray Brandt, Brandt Surveying & Engineering
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
BIRCH ISLAND ACRES 2ND ADDITION
(formerly Pafko 2nd Addition)
WHEREAS, the plat of Birch Island Acres 2nd 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 Birch Island Acres 2nd Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated December 12, 1995.
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 December 19, 1995.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
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EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/19/95
SECTION: Consent Calendar ITEM NO. .G
DEPARTMENT: Parks, ITEM DESCRIPTION: Joint Powers Agreement Between Independent
Recreation and Facilities School District 272 and the City of Eden Prairie for Oak Point Pool
Robert A. Lambert ((((��
RECOMMENDATION:
Attached to this memorandum is the Joint Powers Agreement Between the City of Eden Prairie and
School District 272 for the operation of the swimming pool addition to Oak Point Intermediate School.
City staff and School staff have been developing this Joint Powers Agreement over the last six months.
This document has been reviewed by the aquatic staff that will be operating the pool, and by the City
Attorney. City staff recommends the City Council approve this agreement.
SUMMARY OF AGREEMENT:
To summarize the agreement, the School District is responsible for paying for the construction costs
and the City and the School District agree to share the operation costs based on the percentage of time
the City operates the facility and the School operates the facility.
The School District will be responsible for scheduling the facility and operating the facility during
school hours. The City will be responsible for scheduling the facility and operating the facility after
school hours, weekends, holidays, and during the summer months.
The School District will keep a record of their daily maintenance and operation costs and the City will
keep track of all City operation costs. The School and City will also keep track of any revenue
generated from daily use fees, lesson programs, special events, or pool rental. At the end of the
School's fiscal year, the City and the School District will total the amount of expenses and subtract the
revenue to determine the net operating cost of the pool. The School District and the City will then
divide the net operating cost by their perspective percentage of use of the facility. (The City anticipates
using the facility approximately 60-65% of the time, while the School anticipates use of the facility 35-
40% of the time.)
Either party may terminate this agreement by serving notice of termination, which shall not be less than
12 months following the service of the notice. If the agreement were terminated the City would have
no further right in respect to the swimming pool facility and neither party would be responsible to the
other for any further costs or expenses.
1
This Joint Powers Agreement is another example of the School District and the City of Eden Prairie
working together to save construction and operating costs for citizens of Eden Prairie by eliminating
duplication of facilities and maximizing the use of those facilities available.
City staff anticipate this additional pool will alleviate many of the overcrowded concerns residents have,
particularly those associated with competitive swimming. It is safe to say every other city in the State
of Minnesota with a population of over 45,000 people has a minimum of two public pools available to
residents and most would have three to four pools.
This facility is projected to open in the spring of 1996 with the first significant City use planned for the
summer of 1996.
BL:mdd
JPAPool2/Bob2
2
November 29, 1995
JOINT POWERS AGREEMENT
RFTWFF.N
INDEPENDENT SCHOOL DISTRICT NO. 272
AND THE CITY OF FDEN PRAIRIE
THIS AGREEMENT made and entered into by and between Independent School
District No. 272, a municipal corporation organized under the laws of the State of Minnesota
(hereinafter referred to as "School District"), and the City of Eden Prairie, a municipal
corporation organized under the laws of the State of Minnesota (hereinafter referred to as "City").
1.
RECITALS
1.1 Purpnse. School District is the owner of the real property legally described in
Exhibit "A" attached hereto and incorporated herein by reference and entitled "Legal Description
of the Property." Located upon said property is the Oak Point Intermediate School. The School
District intends to construct a swimming pool addition to Oak Point Intermediate School.
1.2 Tnint Pnwers Art. Minnesota Statutes, Section 471.59 authorizes two or more
governmental units, by agreement entered into through action of their governing bodies, to jointly
or cooperatively exercise any power common to the contracting parties.
1.3 Tnint Powers Agreement. The parties to this Agreement desire to enter into a "Joint
Powers Agreement" in order to provide for joint use, maintenance, and operation of a swimming
pool facility located at the Oak Point Intermediate School.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, it is agreed by and between the parties as
follows:
2.
SCOPE OF AGREEMENT
2.1 Creation of Joint Powers Ament, By this Agreement, the parties hereby create
a Joint Powers Agreement for the purpose of joint use, maintenance, and operation of a swimming
pool facility located at the Oak Point Intermediate School.
3.
CONDUCT OF AGREEMENT
3.1 Agreement to he Rouuul. Upon the execution of this Agreement, the parties agree
to be bound by its terms and conditions as set out herein.
3.2 Dispute Recnlntion Prnredure, All disputes arising between the parties involving
the interpretation or application of the terms and conditions of this Agreement, including, but not
limited to, any alleged breach and the rights and obligations of the parties, both monetary and
non-monetary, shall be subject to the dispute resolution procedure set forth herein.
3.2.1. Cnnferenre. The first stage of dispute resolution shall be conference.
When a dispute has arisen between the parties and is not settled promptly in the
normal course of business, the complaining party shall notify the other party of its complaint by
means of a brief written statement. The statement shall describe with specificity the alleged wrong
and shall set forth the complaining party's position.
Within ten (10) calendar days of receipt of the complaining party's written
statement, the parties shall meet. Each party may designate those person(s) who will meet as
representatives on that party's behalf. The complaining party will present its position, claims,
defenses, and other relevant information. Following the complaining party's presentation, the
2
other party will present its position, claims, defenses, and other relevant information. Each party
shall have up to one (1) hour to make its presentation.
Immediately following the parties' presentations, the parties shall meet for the
purpose of resolving the dispute.
3.2.2. Mediatinn. The second stage of dispute resolution is mediation.
If the parties have not resolved the dispute within thirty (30) days of receipt of the
written complaint, either party may submit the dispute for mediation to the American Arbitration
Association, 514 Nicollet Mall, 6th Floor, Minneapolis, Minnesota 55402. The parties understand
that the mediation shall be set in the Twin Cities Metro Area, the location of which to be
established by the mediator. The parties agree that the then-existing Rules of Procedure adopted
by AAA shall govern the mediation proceedings. The parties agree to share equally all fees
incurred to AAA.
The parties shall submit to mediation for a minimum of eight (8) hours. The parties
agree that the mediation proceedings are private and confidential, except as may be otherwise
required by law. If, at the end of eight hours of mediation, the parties have not resolved the
dispute, the parties may agree to extend the hours of mediation.
3.2.3. Arhitratinn. The third stage of dispute resolution is binding arbitration.
If the parties are unable to resolve the dispute by means of mediation and the
requisite minimum eight (8) hours of mediation have been fulfilled, either party may submit the
dispute to binding arbitration. Arbitration proceedings shall be governed by the then-existing rules
of the American Arbitration Association, with one exception: if the amount of money involved
in the dispute is less than $50,000, there shall be only one arbitrator.
3
The parties agree to bear equal responsibility for the fees of AAA, including the
arbitrator(s). Judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
In the event that arbitration services are not available from AAA, the arbitration
shall be held in accordance with the Minnesota Arbitration Act. Notwithstanding any other rule
of the AAA or law to the contrary, the parties mutually agree that the arbitrator shall not have
authority to award punitive damages.
3.2.4. Cnmplianrp. The parties deem the dispute resolution procedure as set forth
herein to be an integral and essential part of this Joint Powers Agreement. A party's failure to
comply in all respects with this procedure shall be a substantial breach of this Agreement. The
arbitrator(s) shall be authorized to assess costs and attorney's fees against a party that has failed
to comply with the procedure in all respects, and, may as a condition precedent to arbitration,
require the parties to comply with the conference and mediation stages.
4.
JOINT FACILITIES COMMITTEE
4.1 Purpose. For the duration of this Agreement, there shall be established a Joint
Swimming Pool Facility Committee, the purpose of which is to oversee supervision and
management of the swimming pool facility and implementation of the terms and conditions of this
Agreement. The School Board and City Council shall each appoint two or more representatives
to serve on the Committee, one of whom shall be the building principal or designee. The
Committee shall meet at least twice each year, and at such other times as may be requested by
either party.
4
5.
MAINTENANCE/CUSTODIAL SERVICES AND UTILITIES
5.1 Services to he Perfnrme4,
5.1.1 Routine Maintenance, Custodial Services, Repair, and Replacement, The
School District shall provide routine maintenance, custodial services, and repair of the swimming
pool and pool facilities, except for repairs as described in Paragraph 5.1.2. Said swimming pool
facility shall include the swimming pool, pool area, slide, diving board, locker rooms, lavatory
facilities, and equipment in conjunction with said facilities. The attached building floor plan,
attached hereto as Exhibit B and incorporated herein by reference, shows the areas to be included
within the pool facilities.
This subparagraph is not to be construed to include major maintenance, repair, and replace-
ment related to the building, including but not limited to roof, ceiling, walls, and HVAC system,
which shall be the responsibility of the School District, without reimbursement from the City.
A major repair or replacement generally relates to maintaining the envelope of the building and
its mechanical or electrical system in a condition that will permit the building to continue
operating for its original purpose, and the lack of repair or replacement would limit or restrict its
ability to continue being used as a swimming pool facility.
Conversely, routine maintenance, repair and replacement is related more to aesthetics,
cleanliness and daily operations. Water treatment, cleaning supplies and pool filters are examples
of routine maintenance, repair and replacement activities. A part of routine maintenance, repair
and replacement also includes an intermediate type of maintenance. Intermediate maintenance is
not done on a daily, weekly or monthly basis, but occurs when the need dictates, such as painting
5
of ceiling, re-grouting the tile or other similar repair and replacement activities. Normally, these
intermediate maintenance projects would cost $2,000 or more per project and will require col-
laborative approval between the city and school district before the cost of such intermediate
projects is to be shared.
5.1.2 Rep irs C'ansed by TTcers. Repairs and damage arising out of use, whether
negligent or intentional acts, not reimbursed by applicable insurance policies, shall be the
responsibility of the party, City or School District, which causes the damage. If it cannot be
determined which party caused the damage, the parties will share equally in any expenses not
reimbursed by applicable insurance policies.
5.1.3 TTtilitieS. The School District shall provide all utility services. The
electricity and water to be provided to the swimming pool shall be separately metered. The parties
will estimate the cost for other utilities related to the pool.
6.
SUPERVISION AND MANAGEMENT
6.1 Supervision and Manag/ment. The City shall be responsible for the supervision
and management of the swimming pool facility, which will include scheduling hours of operation,
except hours when school is in session. The School District shall be responsible for the
supervision and management of the swimming pool facility, which will include scheduling hours
of operation, when school is in session. Said duties shall also include health and safety issues,
providing of lifeguards, and any and all responsibilities related to the supervision and management
of the swimming pool facility.
6
6.2 Schnni District Priority. The School District shall have priority usage of the pool,
provided that the School District schedules its usage in compliance with rules and procedures for
the use and scheduling of the pool to be implemented by the Joint Facilities Committee. The
policies and procedures to be adopted by the Joint Facilities Committee shall include a provision
to permit the School District to schedule on a priority basis the usage of the pool, while at the
same time providing those rules and procedures under which the City may commit the pool's
usage for its own use and the use of third parties.
7.
ALLOCATION OF COSTS
7.1 Prnpnrtinnate Share of Costs. The City and the School District shall share the costs
and expenses set forth in Paragraphs 5.1.1, 5.1.3 and 6.1 proportionate to their respective use.
Respective use is determined by actual operating hours as determined by use records. It is
contemplated that the School District will schedule use of the pool for school hours during the
school year, and the City will schedule pool usage substantially during all other times. The City
will maintain a record of the respective uses by hours for each day, including reflecting City use
during school hours, as well as school use during times other than school hours. The School
District will maintain on ongoing record of hourly use each day during school hours.
7.2 Accounting. At the end of each fiscal year (July 1 through June 30), the School
District will provide its costs, with appropriate documentation, subject to sharing with the City
under Paragraphs 5.1.1 and 5.1.3. The City will provide its costs pursuant to Paragraph 6.1 and
the cumulative use of each party for the fiscal year. The reports described herein shall be
provided within thirty (30) days of the end of the fiscal year. An example of the shared costs and
7
•
use records that will be provided by the City and the School District is depicted in Exhibit C
attached to this Agreement.
7.3 Repnrts/Reimhursement. The cumulative costs of the City and the School District
as determined pursuant to Paragraph 7.2 shall be multiplied by the percent or fraction representing
each parry's respective use as set out in Paragraph 7.1. The City shall reimburse to the School
District, or, alternatively, the School District shall reimburse to the City, within sixty (60) days
following the end of the fiscal year, as appropriate, to the extent that expenditures for a party
exceed its share of the cumulative costs as set forth in Paragraph 7.1 above. An example of the
process used to determine reimbursement is depicted in Exhibit C attached to this Agreement.
8.
PARKING
8.1 Hours When Schnnl Ts in Session. It is contemplated that the School District will
schedule use of the pool and parking lot for all or substantially all of the hours when school is in
session. There is little or no parking available during the hours when school is in session. Prior
to scheduling the use of the pool when school is in session, the City shall provide the nature and
extent of its proposed use and obtain approval of the building principal or designee.
8.2 Special Events. The School District shall keep the City informed of School District
special events which would potentially cause there to be a shortage of parking for use at the
swimming pool facility. Prior to scheduling use of the swimming pool facility during hours of
School District special events, the City shall provide the nature and extent of its proposed use and
obtain approval of the building principal or designee.
8
8.3 Hours When School Ts Not in Session. When school is not in session, and except
for the special event provision as set forth above, the parking lot shall be available for use for
persons participating in swimming pool activities. The Joint Facilities Committee shall implement
rules regarding parking for this purpose to the extent either party deems such rules necessary and
makes a request for rules to be implemented.
9.
STAFF
9.1 Fmpinyem Notwithstanding responsibilities to each's property and facilities,
employees of the parties shall remain employees of their respective entities for any and all
purposes including but not limited to salaries, wages and other compensation or fringe benefits,
worker's compensation, unemployment compensation, teachers' or public employees' retirement,
social security, liability insurance, keeping of personnel records, termination of employment,
individual contracts and continuing or other contract rights.
10.
PROPERTY INSURANCE
10.1 Real Property. The swimming pool shall be included in the School District
property insurance policy. The swimming pool and all fixtures and property attached to the real
property shall be included in the School District's property insurance policy.
10.2 Personal Property. Each party shall separately insure their personal property and
fixtures.
10.3 Term. Policies of insurance shall be kept in effect during the entire term of this
Agreement. A copy of the policy shall be provided to the other party upon request.
9
10.4 Proceeds of Claims. The parties agree that insurance proceeds received as the
result of claims made for property damage shall be used to repair or replace damage giving rise
to said claim.
11.
PUBLIC LIABILITY INSURANCE
11.1 Policy. Each party shall obtain a policy of public liability insurance protecting
itself and its officers, agents and employees against any usual and customary public liability claims
arising out of the operation of its respective obligations in respect to the swimming pool facilities.
The limits of liability shall not be less than $200,000.00 per person and $600,000.00 per
occurrence. Each policy of insurance shall name the other party and its officers, agents, and
employees as additional named insureds.
11.2 Term. Said policy shall be kept in effect during the entire term of this Agreement.
A copy of the policy shall be provided to the other party upon request.
12.
CONDEMNATION
12.1 Proms. It is acknowledged that the real property and all construction costs for
the swimming pool facility will be provided by the School District. In the event that the property
is taken by condemnation, it is specifically agreed and understood that the School District shall
be entitled to any and all awards arising out of said condemnation proceeding and the City
specifically waives any claim to such proceeds. In the event of condemnation, this Agreement
shall immediately terminate.
10
13.
REVENUE
13.1 Definition. Revenue shall include any and all rents or fees paid in conjunction with
the use of the swimming pool facility. Said revenue shall be collected and maintained in a
separate account by the City.
13.2 Retorting. The City shall provide its report to the School District within thirty (30)
days following the end of the fiscal year(July 1 through June 30) itemizing its total revenues. The
School District shall provide a report of any revenues from the pool in a report to the City within
thirty (30) days following the end of the fiscal year. Revenues shall be allocated to the parties
based upon each parry's proportionate share of use for the fiscal year as determined pursuant to
Paragraph 7.1, and provided in the example depicted'in Exhibit C attached to this Agreement.
14.
TERMINATION OF AGREEMENT
14.1 Term. This Agreement shall continue in effect until terminated as hereinafter
provided.
14.2 Notice of Termination. Either party may terminate this Agreement by serving
notice of termination as provided herein. Said notice shall specify the effective date of termination
which shall be not less than twelve (12) months following service of notice.
14.3 Fffective Termination. The rights and obligations of the parties pursuant to this
Agreement shall continue through the effective date of termination. Effective following
termination, the City shall have no further rights in respect to the swimming pool facility and
neither party shall be responsible to the other party for any further costs or expenses.
11
15.
NOTICES
15.1 Nntires. Any and all notices and demands by or from City to School District, or
from School District to City, shall be in writing and shall be validly given or made if served either
personally or if deposited in the United States mail, certified or registered, postage prepaid, return
receipt requested. If such notice be served personally, service shall be conclusively deemed made
at the time of such personal service. If such notice or demand be served by registered or certified
mail in the manner herein provided, service shall be conclusively deemed made forty-eight (48)
hours after the deposit thereof in the United States mail addressed to the party to whom such
notice is to be given.
Any notice or demand to School District shall be addressed to School District at
Independent School District No. 272
8100 School Road
Eden Prairie, MN 55344-2292
Any notice or demand to City shall be addressed to City at:
The City of Eden Prairie
Eden Prairie City Center
8080 Mitchell Road
Eden Prairie, MN 55344-4485
16.
AMENDMENTS
16.1 Amendments. No amendments shall be made to this Agreement except in writing
signed by the authorized representatives of each party following approval by the respective
governing body's board.
12
17.
OBLIGATIONS
17.1 lhlipatinns of Parties, The obligations of each party to third parties shall not be
the obligations of the other party except as specifically provided in writing and approved by the
governing body of each party in accordance with applicable law.
17.2 Liability. Neither party shall incur liability for personal injury or property damage
to students attending school within the School District or to third parties merely because of the
existence of this Agreement.
18.
DEFAULT
18.1 penult. It shall be a default under this Agreement if either party shall fail to make
any payment required on or before the date that the payment is due, or if either party should fail
to observe or perform any other obligation, agreement, or covenant on its part for a period of
thirty (30) days after receipt of written notice from the other party specifying the default and
requesting that it be remedied. If an event of default has happened or is existing, the other party
may take whatever action at law or in equity that may appear necessary or appropriate to collect
the amounts then due and thereafter to become due, or to enforce performance and observation
of any obligation, agreement, or covenant of the other party under this Agreement. No remedy
conferred upon or reserved to the non-defaulting party is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be
in addition to every other remedy given under this Agreement now or hereafter existing at law or
in equity. No delay or omission to exercise any right or power accruing upon any default shall
13
impair any such right or power or shall be construed to be a waiver thereof, but any such right
and power may be exercised from time to time and as often as may be deemed expedient. In the
event any agreement contained in this Agreement shall be breached by either party and thereafter
waived by the other party, such waiver shall be limited to the particular breach so waived and
shall not be deemed to waive any other breach hereunder.
19.
INTERPRETATION
19.1 Captinns; Heading,S. The captions and headings of the provisions under this
Agreement are for convenience only and shall not be considered or referred to concerning
questions of interpretation or construction.
20.
SAVINGS CLAUSE
20.1 Savings. Should any provision or article of this Agreement be found unlawful, the
other provisions of this Agreement shall remain in force and effect if by doing so the purposes of
this Agreement taken as a whole in light of the authorizing statute can be made operative. Should
any such provision or article be found unlawful, the parties shall meet for the purpose of arriving
at an Agreement on a lawful provision or amendment to replace the unlawful provision.
14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written.
INDEPENDENT SCHOOL DISTRICT NO. 272
Dated: BY:
Its Chair
AND
Its Clerk
CITY OF EDEN PRAIRIE
Dated: BY:
Its
BY:
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 1995, by and by
respectively the Chair and Clerk of Independent School District No. 272, a Minnesota public
school corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 1995, by and by
, respectively the and
of the City of Eden Prairie, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
KNUTSON,FLYNN,DEANS&OLSEN
Suite 1900,Minnesota World Trade Center
30 East Seventh Street
St.Paul,Minnesota 55101 ..
15
EXHIBIT A
J.EGAI. DESCRIPTION OF THE. PROPERTY
a. Outlots B and C, Research Farm, Second Addition. [Outlots B and C have been replatted
into Research Farm, Third Addition].
b. That part of Outlots D and F, RESEARCH FARM 2ND ADDITION, and that part of
vacated Research Road ads dedicated in the plat of RESEARCH FARM ADDITION,
described as follows:
Beginning at the most northerly corner of said Outlot D; thence southwesterly along the
westerly line of said Outlot D, 260.25 feet; thence South 10 Degrees 33 minutes West
along the westerly line of said Outlot D, 175.00 feet to the beginning of curve; thence
southwesterly along a tangential curve to the right, along the westerly line of Outlot D,
and the southwesterly extension of said curve, through Research Road to the most
northeasterly corner of Outlot C; thence continuing along the common line between
Outlots C and F of said RESEARCH FARM 2ND ADDITION, 408.55 feet; thence South
88 degrees 15 minutes East, 78.42 feet; thence northeasterly 541.58 feet along a tangential
curve, to the left, having a central angle of 58 degrees 32 minutes 52 seconds and a radius
of 530.00 feet; thence North 33 degrees 12 minutes 08 seconds East, tangent to the last
described curve, 550.00 feet to the northerly line of said Outlot D; thence northwesterly
along the northerly line of said Outlot D, 200.00 feet to the point of beginning.
16
• . EXHIBIT B
BUILDING FLOOR PLAN
.
I►SI
7 .
......,
. _•_._-_till .
--4 C17 u
-_
111111/N 7. -1 I i
o
J++ L
-Er i-'-...-
.
• ►/
. I ria+iir ' Ai
:___._ ,..- II i
r.r.r.... I� 1 lei
L : 1t1 n
tierll I* -Tv
::
OF ►:�,
.., INIPL!".
L. VI►IIIIII _ to
Oak Point Pool - Middle Level
.
EXHIBIT C
EXAMPLES OF PROCESS USED TO DETERMINE.REIMBURSEMENT
The City and the School District have agreed to monitor certain operating costs that will be shared
between the City and the School District, and to monitor revenues received from the swimming
pool
to determine the net operating cost. The City and the School District will also monitor and record
the actual number of hours of use during the times when each supervises the operation of the
swimming pool. The share of each parry's net operational cost will be determined by the actual
number of hours of use of the swimming pool during the times when each is responsible for pool
operation.
In order to clarify how this reimbursement process will work, the following example of fees and
hours used is given in order to determine what portion of the revenues would be reimbursed to
each agency.
EXAMPI.E
Expenditures
School District total cost for utilities, custodial care, maintenance and repair of facilities, etc. =
$60,000.
City total cost for supervisors, WSI's, lifeguards and operation administration = $50,000.
Total operational cost per year = $110,000.
Revenues
City total revenue for year including lessons, open swim, rentals, etc. = $60,000.
Actual Pool Use Times
City used pool 65% of time, school used pool 35% of time.
FORMULA
$110,000 total expenditure minus $60,000 total revenue = $50,000 net operating cost.
65% (City time used) x $50,000 net cost = $32,500 net operating cost for City, which shall be
paid to the custodial account.
35% (School time used) x $50,000 net operating cost = $17,500 net operating cost for School
District, which shall be paid to the custodial account.
18
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-19-95
SECTION: CONSENT CALENDAR
ITEM NO.IV.H.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger Approval of Change Order for Marketcenter
Don Uram Construction Contract
Requested Council Action:
• Approval of Change Order No. 1 for Marketcenter Construction Contract in the amount of
$70,739.10 to Lakeland Nursery, Inc.
Background:
This change order includes additional work within the Eden Prairie Marketcenter for items such as :
1)Increased sidewalk depths to 5" to meet City Standard
2) Irrigation within Singletree Lane
3)NURP pond landscaping
4) Other
Financial Issues:
The entire amount will be financed with TIF designated for improvements in the Marketcenter. Originally,
this amount was estimated at$1.5M. With this change order, the new contract sum will be $1,043,566.10.
Attachments:
1) Change Order No. 1
Zr /Y. - I
•
Change Order OWNER [X
AIA Document G701 - Electronic Format ARCHITECT [X
CONTRACTOR [X
FIELD [ ]
OTHER [
PROJECT: CHANGE ORDER NUMBER:
(name, address)
EDEN PRAIRIE MARKETCENTER DATE: October 19, 1995
Eden Prairie, MN ARCHITECT'S PROJECT NO: 9334.00
TO CONTRACTOR: CONTRACT DATE: July 11, 1995
(name, address)
LAKELAND NURSERY, INC. CONTRACT FOR:
770 North Business Highway 71
Willmar, MN 56201
The Contract is changed as follows:
Bulletin 3 Relocate trees at Brunswick East Drive 665.00
Bulletin 4 Survey requested for Bachman's plaza area 561.00 •
Bulletin 5 Delete disabled curb cuts at Wal-Mart (648.00)
Bulletin 7 Changes at Bachman's plaza 368.00
Bulletin 8 Nerp pond landscaping 6,472.00
Bulletin 10 Irrigation in Singletree Lane boulevards 16,000.00
Bulletin 11 Increase sidewalk to 5",decrease base to 5" 43,677.50
Bulletin 12 Change color of chain 175.00
Bulletin 15 Install exposed aggregate between wall & walk 3,468.60
TOTAL $70,739.10
Not valid until signed by the Owner, Architect and Contractor.
The original (Contract Sum)( was $972,827.00
Net change by previously authorized Change Orders $0.00
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
AIA DOCUMENT G701-CHANGE ORDER- 1987 EDITION-AIA-COPYRIGHT 1987-THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N.W..
WASHINGTON,D.C.,20006-5292.WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.This document was electronically produced under
license number 596002243 and can be reproduced without violation until 5/2196.
> �. "Z Electronic Document Service G701-1987 1
The (Contract Sum)
prior to this Change Order was $972,827.00
The (Contract Sum)(Grrar•�itusa I Mwim,tm Prirm) will be
(increased) by this Change Order in the amount of $70,739.10
The new (Contract Sum)
including this Change Order will be $1,043,566.10
The Contract Time will be (unchanged) by (0 ) days.
The date of Substantial Completion as of the date of this Change Order therefore is June 1, 1996 Phase I
June 1, 1997 Phase II
NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum
Price which have been authorized by Construction Change Directive.
•
ARCHITECT CONTRACTOR
Address Address
CLUTS, O'BRIEN, STROTHER ARCHITECTS, LAKELAND NURSERY, INC.
INC. 770 North Business Highway 71
7520 Market Place Drive Willmar MN 56201
Eden Prairie, MN 44
BY DATE /0/ 2y795-
DATE /0 r OWNER
Address
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Suite 200
Eden Prairie, MN 55344
BY
DATE •
•
AIA DOCUMENT G701-CHANGE ORDER-1987 EDITION-AIA-COPYRIGHT 1987-THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE.N.W..
WASHINGTON.D.C..20006.5292.WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.This document was electronically produced under
license number 596002243 and can be reproduced without violation until 5/2/96.
Electronic Document Service G701-1987 2
3
Change Order OWNER [X
MA Document G701 - Electronic Format ARCHITECT [X ]
CONTRACTOR [X
FIELD [ ]
OTHER [ ]
PROJECT: CHANGE ORDER NUMBER: 1
(name,address)
EDEN PRAIRIE MARKETCENTER DATE: October 19, 1995
Eden Prairie, MN ARCHITECT'S PROJECT NO: 9334.00
TO CONTRACTOR: CONTRACT DATE: July 11, 1995
(name, address)
LAKELAND NURSERY, INC. CONTRACT FOR:
770 North Business Highway 71
Willmar, MN 56201'
The Contract is changed as follows:
Bulletin 3 Relocate trees at Brunswick East Drive 665.00
Bulletin 4 Survey requested for Bachman's plaza area 561.00
Bulletin 5 Delete disabled curb cuts at Wal-Mart (648.00)
Bulletin 7 Changes at Bachman's plaza 368.00
Bulletin 8 Nerp pond landscaping 6,472.00
Bulletin 10 Irrigation in Singletree Lane boulevards 16,000.00
Bulletin 11 Increase sidewalk to 5",decrease base to 5" 43,677.50
Bulletin 12 Change color of chain 175.00
Bulletin 15 Install exposed aggregate between wall & walk 3,468.60
TOTAL $70,739.10
• Not valid until signed by the Owner, Architect and Contractor.
The original (Contract Sum)( was $972,827.00
Net change by previously authorized Change Orders $0.00
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
A1A DOCUMENT G701 -CHANGE ORDER-1987 EDITION-AIA-COPYRIGHT 1987-THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,
WASHINGTON,D.C.,20006.5292.WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.This document was electronically produced under
license number 596002243 and can be reproduced without violation until 5/2/96.
Electronic Document Service G701-1987 1
The (Contract Sum){Gtt�*autepd.MaxiusuviPe,- )
prior to this Change Order was $972,827.00
The (Contract Sum)(Guar•rt..erl 1)*t,'P1 will be
(increased) by this Change Order in the amount of $70,739.10
The new (Contract Sum)
including this Change Order will be $1,043,566.10
The Contract Time will be (unchanged) by (0 ) days.
The date of Substantial Completion as of the date of this Change Order therefore is June 1, 1996 Phase I
June 1, 1997 Phase II
NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum
Price which have been authorized by Construction Change Directive.
ARCHITECT CONTRACTOR
Address Address
GLUTS, O'BRIEN, STROTHER ARCHITECTS, LAKELAND NURSERY, INC.
INC. 770 North Business Highway 71
7520 Market Place Drive Willmar 56201„
Eden Prairie MN 344 BY P- /'
BY DATE ,/e7/, �S
DATE /o// j / l`' OWNER
Address
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Suite 200
Eden Prairie, MN 55344
BY
DATE
AIA DOCUMENT G701-CHANGE ORDER- 1987 EDITION-AlA-COPYRIGHT 1987-THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N.W..
WASHINGTON.D.C..20006-5292.WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.This document was electronically produced under
license number 596002243 and can be reproduced without violation until 5/2l96.
/4l _5-- Electronic Document Service G701-1987 2
Change Order OWNER [X
AIA Document G701 - Electronic Format ARCHITECT [X
CONTRACTOR [X
FIELD [ ]
OTHER [
PROJECT: CHANGE ORDER NUMBER: 1
(name, address)
EDEN PRAIRIE MARKETCENTER DATE: October 19, 1995
Eden Prairie, MN ARCHITECT'S PROJECT NO: 9334.00
TO CONTRACTOR: CONTRACT DATE: July 11, 1995
(name, address)
LAKELAND NURSERY, INC. CONTRACT FOR:
770 North Business Highway 71
Willmar, MN 56201
The Contract is changed as follows:
Bulletin 3 Relocate trees at Brunswick East Drive 665.00
Bulletin 4 Survey requested for Bachman's plaza area 561.00
Bulletin 5 Delete disabled curb cuts at Wal-Mart (648.00)
Bulletin 7 Changes at Bachman's plaza 368.00
Bulletin 8 Nerp pond landscaping 6,472.00
Bulletin 10 Irrigation in Singletree Lane boulevards 16,000.00
Bulletin 11 Increase sidewalk to 5",decrease base to 5" 43,677.50
Bulletin 12 Change color of chain 175.00
Bulletin 15 Install exposed aggregate between wall & walk 3,468.60
• TOTAL $70,739.10
Not valid until signed by the Owner, Architect and Contractor.
The original (Contract Sum)( was $972,827.00
Net change by previously authorized Change Orders $0.00
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
AlA DOCUMENT G701 -CHANGE ORDER-1987 EDITION-AIA-COPYRIGHT 1987-THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE.N.W..
WASHINGTON.D.C..20006-5292.WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.This document was electronically produced under
license number 596002243 and can be reproduced without violation until 5/2/96.
j-Ix _6 Electronic Document Service G701-1987 1
The (Contract Sum)(Guarant'ed Maximum Prirm)
prior to this Change Order was $972,827.00
The (Contract Sum)(Gv r *itec,s+M"'rnr'*n Pr'^") will be
(increased) by this Change Order in the amount of $70,739.10
The new (Contract Sum)
including this Change Order will be $1,043,566.10
The Contract Time will be (unchanged) by (0 ) days.
The date of Substantial Completion as of the date of this Change Order therefore is June 1, 1996 Phase I
June 1, 1997 Phase II
NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum
Price which have been authorized by Construction Change Directive.
ARCHITECT CONTRACTOR
Address Address
CLUTS, O'BRIEN, STROTHER ARCHITECTS, LAKELAND NURSERY, INC.
INC. 770 North Business Highway 71
7520 Market Place Drive Willmar N 56201
Eden Prairie, MN 5344 BY
BY G� �� ai
DATE /o a? S
DATE /O /
/ OWNER
Address
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Suite 200
Eden Prairie, MN 55344
BY
DATE
AIA DOCUMENT G701-CHANGE ORDER- 1987 EDITION-MA-COPYRIGHT 1987-THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE.N.W.,
WASHINGTON,D.C.,20006-5292.WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.This document was electronically produced under
license number 596002243 and can be reproduced without violation until 5/2/96.
_ +7 Electronic Document Service G701-1987 2
er3 CITY COUNCIL AGENDA DATE:
e-er1 SECTION: Public Hearings 12/14/95
prairie
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
John Frane Adopting a housing program for the
Finance issuance of multi-family housing
revenue bonds for Tanager Creek
Background:
The original bonds were issued in August of 1985 and were refinanced in May of 1991. The
new bonds will be a tax exempt issue of$9,600,000 and a taxable issue of$4,077,350.
Notice of the hearing was published in the Eden Prairie News on November 16. The bonds
are not general obligations of the City.
Action/Direction:
Close the public hearing and adopt the resolution.
Councilmember introduced the following resolution, the
reading of which was dispensed with by unanimous consent,and moved its adoption:
•
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN '
STATE OF MINNESOTA • •
RESOLUTION NO.
ADOPTING A HOUSING PROGRAM FOR THE
ISSUANCE OF MULTIFAMILY HOUSING REVENUE
BONDS.
WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota
Statutes, Chapter 462C (the "Act"), the City of Eden Prairie (the "City") is authorized to
carry out housing programs for the financing of multifamily housing developments (the
"Program"), including the payment of interest on taxable and tax exempt bonds, the
establishment of reserves to secure such bonds and the payment of all other expenditures
of the City incident to and necessary or convenient to carry out such program; and
WHEREAS, the Act requires adoption of the Program after a public hearing held
thereon after publication of notice in a newspaper of general circulation within the City at
least fifteen(15)days in advance of the hearing;and
WHEREAS, the City on this date conducted a public hearing on the Program,
after publication of notice as required by the Act;and
WHEREAS, the Program provides for the issuance of multifamily housing
revenue refunding bonds in an aggregate principal amount of approximately $9,600,000
and taxable multifamily housing revenue refunding bonds in an aggregate principal
amount of approximately $4,077,350 to refinance a 185-unit multifamily rental-housing
development at the northwest and southwest quadrants of Baker Road (County Road 60) •
and Edenvale Boulevard within the City (the"Project").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Eden Prairie,Minnesota,as follows: - 1
1. The Program for the Project is hereby in all respects adopted.
•
2. The City hereby ratifies the priot publication of the notice of public
• hearing.
3. The City staff, its consultants and bond counsel are hereby authorized to
• do all things and take all actions as may be necessary or appropriate to carry out the
Program in accordance with the Act and any other applicable laws and regulations.
4. The issuance of approximately $9,600,000 principal amount of
multifamily housing revenue refunding bonds and approximately $4,077,350 principal
amount of taxable multifamily housing revenue refunding bonds pursuant to the Program
to finance the Project is hereby given preliminary approval.
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted, and was signed by the
Mayor and attested to by the City Clerk.
Dated: December_, 1995.
Mayor
Attest:
•
City Clerk . .
(SEAL)
•
GP:235440 v 1
r
AMENDED AND RESTATED
PROGRAM FOR THE FINANCING
OF A MULTIFAMILY HOUSING DEVELOPMENT
(TANAGER CREEK PROJECT)
•
• •
Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Eden •
Prairie, Minnesota (the "City") has been authorized to develop and administer programs
of multifamily housing development under the circumstances and within the limitations
set forth in the Act. Section 462C.07 of the Act provides that such programs for
multifamily housing development may be financed by revenue bonds issued by the City.
The City has received a proposal from Tanager Limited Partnership, a Minnesota
limited partnership (the "Developer") that, pursuant to the authority found in the Act, the
City approve a program providing for the issuance of tax exempt and taxable bonds of the
City to provide funds for the redemption and prepayment of the City's Multifamily
Housing Revenue Refunding Bond (Tanager Creek Project) Series 1991 and to achieve
the purposes of this housing program, including the payment of interest on taxable and
tax exempt bonds, the establishment of reserves to secure such bonds and the payment of
all other expenditures of the City incident to and necessary or convenient to carry out
such program obligations (the "Program"), all in connection with an existing 185-unit
multifamily rental housing development located at the northwest and southwest quadrants
of Baker Road(County Road 60) and Edenvale Boulevard within the City (the"Project").
The Program will be funded through the issuance by the City of its multifamily housing
revenue refunding bonds in the aggregate principal amount of approximately $9,600,000
(the "Tax Exempt Bonds") and its taxable multifamily revenue refunding bonds in the
aggregate principal amount of approximately $4,077,350 (the "Taxable Bonds"). The
Tax Exempt Bonds and the Taxable Bonds are collectively referred to as,the"Bonds."
The City, in adopting the Program, has considered(i)the amount, timing and sale
of the Bonds to finance the estimated costs of the Program; (ii) the method of monitoring
and implementation of the Program to insure compliance with the housing portion of the
comprehensive plan of the City, (iii) whether the Program furthers local and regional
housing policies; (iv) the method of administering, servicing and supervising the
Program; (v) the cost to the. City, including future administrative expenses; (vi) the
restrictions on the multifamily development to be financed under the Program; and (vii)
. certain other limitations.
•
The City, in adopting the Program, considered the potential financing impact of a
. bond issue on affected public agencies. In addition, the City reviewed the method of
marketing the Program. Such review examined the equal opportunity for participation by
(i) minorities; (ii) households with incomes at the lower end of the range that can be
served by the Program; (iii) households displaced by public or private actions; and (iv)
accessibility to the handicapped.
The Project will be financed pursuant to Section 462C.07 of the Act.
Subsection A. Definitions. The following terms used in this Program shall have
the following meanings,respectively: • •
•
(1) "Act" shall mean Minnesota Statutes, Section 462C.01, et. seq., as currently
• in effect and as the same may be from time to time amended.
(2) "Bonds" shall mean collectively the tax exempt multifamily housing revenue
refunding bonds and the taxable multifamily housing revenue bonds to be issued by the
City to finance the Program.
(3) "City" shall mean the City of Eden Prairie, State of Minnesota.
(4) "Developer" shall mean Tanager Limited Partnership, a Minnesota limited
partnership.
(5) "Housing Unit" shall mean any one of the market rate apartment units
located in the Project, occupied by one person or family, and containing complete living
facilities.
(6) "Land" shall mean the real property upon which the Project is situated.
(7) "Program" shall mean the program for the financing of the Project pursuant
to the Act, including the redemption and prepayment of the City's prior debt issued to
finance the Project,the payment of interest on the Bonds, the establishment of reserves to
secure the Bonds and the payment of all other expenditures of the City incident to and
necessary or convenient to carry out the program.
(8) "Project" shall mean the multifamily rental housing development, consisting
of 185 market rate Housing Units located on the Land and owned and operated by the
Developer.
(9) "Tax Exempt Bonds" means the tax exempt multifamily housing revenue
refunding bonds to be issued in the aggregate principal amount of approximately
$9,600,000.
(10) ;"Taxable Bonds" means the taxable multifamily housing revenue refunding
bonds to be issued in the aggregate principal amount of approximately$4,077,350.
Subsection B. Program for Financing the Project. It is proposed that the City •
establish this Program to provide for tax exempt and taxable financing of 185 Housing • •
Units owned by the Developer, or a related entity,at a cost and upon such other terms and
conditions as set forth herein and as may be agreed upon in writing between the City, the
initial purchaser of the Bonds and the Developer. To do this,the City expects to issue the
Bonds as soon as the terms of the Bonds have been agreed upon by the City the
Developer, and the initial purchaser of the Bonds. The.proceeds of the Bonds will be
loaned to the Developer for the refinancing of the Project, for paying interest on the
• Bonds, for establishing reserves to secure the Bonds and for paying the costs of•issuing
the Bonds and all other expenditures of the City incident to and necessary or convenient
• to carry out the Program. It is expected that a trustee will be appointed by the City to
monitor the payments of principal of and interest on the Bonds. The cost of any
• • additional security device for the Bonds will be borne by the Developer and payable in
• addition to the principal of and interest on the Bonds.
The City will hire no additional staff for the administration of the Program. The
City intends to select and contract with a financial institution or trustee, experienced in
trust matters, to administer the Bonds. No portion of the state ceiling for qualified
mortgage bonds will be used for the Program.
Insofar as the City will be contracting with underwriters, legal counsel, bond
counsel, the trustee, and others, all of whom will be reimbursed from Bonds proceeds and
revenues generated by the Program, no administrative costs will be paid from the City's
budget with respect to this Program. The Bonds will not be general obligations of the
City, but will be paid only from revenues and properties pledged to the payment thereof,
which may include additional security such as additional collateral, insurance or a letter
of credit.
Subsection C. Standards and Requirements Relating to the Financing of the
Project Pursuant to the Program. The following standards and requirements shall apply
with respect to the operation of the Project by the Developer pursuant to this Program:
(1) Ninety-five percent (95%) or more of the proceeds of the sale of the Tax
Exempt Bonds will be used to provide funds for the financing of the Program, which
provides for 185 market rate residential Housing Units. The funds will be made available
to the Developer pursuant to the terms of the Bond offerings, which may include certain
covenants to be entered into between the City and the Developer.
(2) The Developer will not arbitrarily reject an application from a proposed
tenant because of race, color, creed, religion, national origin, sex, marital status, or status
with regard to public assistance or disability.
(3) No Housing Unit may be violation of applicable zoning ordinances or
other applicable land use regulations, including any urban renewal plan or development
district plan, and including the state building code as set forth under Minnesota Statutes,
Section 16.83 et seq.
Subsection D. Evidence of Compliance. The City may require 'from the
Developer or such other person deemed necessary at or before the issuance of the Bonds,
evidence satisfactory to the City of compliance with the standards and requirements for
• the making of the financing established by the City, set forth herein; and in connection
therewith, the City or its representatives may inspect the relevant books and records of
the Developer in order to confirm such compliance. In addition, the City may
periodically require certification from either the Developer or such other person deemed
necessary concerning compliance with various aspects of the Program.
Subsection E. Issuance of Bonds. To finance the Program, the City may by
resolution authorize, issue and sell the Bonds. The Bonds shall be issued pursuant to
Section 462C.07, Subd. 1 of the Act, and shall be payable primarily from the revenues of
the Program authorized by such section. The Bonds are expected to be issued in March,
1996.
Subsection F. Severability. The provisions of the Program are severable and if
any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional,
contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative
by any court of competent jurisdiction, the decision of such court shall not affect or
impair any of the remaining provisions.
Subsection G. Amendment. The City shall not amend this Program while the
Bonds authorized hereby are outstanding,to the detriment of the holders of such Bonds.
GP:235548 v1
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-19-95
SECTION: PUBLIC HEARINGS
ITEM NO. V, 6 .
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger MEDIA PLAY
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt an Ordinance for Zoning District Change from Rural to Commercial Regional Service on
5.6 acres and Planned Unit Development District Review with waivers on 5.6 acres;
• Approve a Resolution for Planned Unit Development Concept Review on 23 acres;
• Approve a Resolution for Preliminary Plat on 5.6 acres into 2 lots.
Background:
The Planning Commission voted unanimously to approve the Media Play proposal at the December 11,
1995 meeting. The Commission recommended approval of the Planned Unit Development waivers for
zero lot line setback to parking, parking to 5.5 spaces per 1,000 sq. ft. of building, sign transfer to the
front elevation, and base area ratio above .2 for Lot 2. Planning Commission agreed with City staff that
the PUD waiver for exterior materials less than 75% face brick and glass should not be granted and
directed the developer to revise the building elevations according to Alternative 2, which would make
the band out of brick instead of a drivet material.
The Planning Commission also recommended two site plan changes including moving the restaurant
approximately 35 feet to the east which would allow the opportunity for a decorative entrance with
tiered, curved retaining walls and heavy landscaping like Doolittles, and an alternate plan for locating
the loading dock on the west side of the building in the event that Media Play could not work out a
cross access with Brunswick Family Fun World. Site plan modifications for the restaurant and the
loading dock are attached to the set of plans in your packet.
Supporting Reports:
1. Staff Report dated December 8, 1995
2. Resolution for Preliminary Plat
3. Resolution for Planned Unit Development Concept Review
MEDIA PLAY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF MEDIA PLAY
FOR MUSICLAND GROUP, INC.
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Media Play for Musicland Group, Inc. dated December 14, 1995,
consisting of 5.6 acres, a copy of which is on file at the City Hall, is found to be in conformance
with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto,
and is herein approved.
ADOPTED by the Eden Prairie City Council on the 19th day of December, 1995.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
MEDIA PLAY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF MEDIA PLAY
FOR MUSICLAND GROUP, INC.
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development (PUD) Concept of certain areas located within the City; and,
WHEREAS, the City Planning Commission did conduct a public hearing on the Media
Play PUD Concept by Musicland Group, Inc. and considered their request for approval for
development (and waivers) and recommended approval of the requests to the City Council; and,
WHEREAS, the City Council did consider the request on December 19, 1995;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Media Play, being in Hennepin County, Minnesota, legally described as outlined
in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated December 14, 1995.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated December 11, 1995.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of December,
1995.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
v, e, - 3
Exhibit A
Legal Description
Media Play
Lot 2, Block 1, Eden Prairie Marketcenter 2nd Addition
\AB, - y
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: December 8, 1995
SUBJECT: MEDIA PLAY
APPLICANT:
FEE OWNER: Musicland Group, Inc.
LOCATION: Eden Prairie Marketcenter
REQUEST: 1. Planned Unit Development Concept Review on 23 acres
2. Planned Unit Development District Review with waivers on
5.6 acres
3. Rezoning from Rural to Commercial Regional Service
4. Site Plan Review on 5.6 acres
5. Preliminary Plat of 5.6 acres into two lots
1
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Staff Report
Media Play
December 8, 1995
BACKGROUND
This is the last undeveloped site of a 20 acre PUD approved by the City in 1992. There are two
existing buildings, Brunswick Family Fun World and Bachman's. This site is currently guided
Regional Commercial and zoned Rural.
SITE PLAN
The site plan shows the construction of a Media Play store and a future 4,500 sq. ft. restaurant.
The property will be subdivided into 2 lots. Media Play will build this Spring. The restaurant
site will be sold to a different developer. The base area ratio for both buildings is .15 when
calculated on the total size of the property. Due to the subdivision of the property for a future
restaurant, the base area ratio for the Media Play lot is .24. This is a Planned Unit Development
waiver. Since the total base area is less than the .20 allowed by code, the request for waiver is
reasonable.
Building setbacks are met to all property lines for both buildings.
Site plan approval is for the Media Play store only. Since architectural plans are not available
for the restaurant, final plans must return for review and approval by the Planning Commission
and City Council. Concept approval through the PUD may be acted on. The concept plan for
the restaurant should be changed to meet a 35 foot setback from the Bachman's driveway.
Since the restaurant is located close to the entrance drive, 15 feet of retaining wall is necessary.
We expect the restaurant to be at least 16 feet tall which makes 31 feet of wall 20 feet from the
Bachman's entrance drive. Moving the restaurant to the east will allow enough room for
landscaping and tiered, curved walls which should look more decorative and less visually
imposing than just a functional wall supporting the building. The entrance should look more like
Doolittles. This will result in the loss of parking spaces,however,the plan currently has 8 spaces
beyond the staff recommendation of 5.5 spaces per 1,000.
PARKING
The parking required is based on a ratio of 6 spaces per 1,000 for the Media Play store and a
ratio of 1 space per 3 seats for the restaurant for a total of 322 parking spaces. Media Play is
requesting a Planned Unit Development waiver to allow a parking ratio of 5.5 spaces per 1,000
sq. ft. of building. The restaurant would be parked according to City code.
2
V, la, — 7
Staff Report
Media Play
December 8, 1995
There are several approaches to the parking waiver:
1. Require that the project build at 6 spaces per 1,000. This would reduce the size of the
restaurant to approximately 3,000 sq. ft.
2. Approve only the Media Play store now and adopt a wait-and-see approach to evaluate
parking demand. The size of the restaurant would be determined in the future based upon
available parking.
3. Grant a waiver to 5.5 spaces per 1,000.
The City's experience with shopping centers (100,000 sq. ft.) parked at 5.5 spaces per
1,000 with proof of parking and 5.0 spaces per 1,000 actual, works. (Prairie Village and
Preserve Mall). Tower Square has a parking problem, since only 4.5 spaces/1,000 is
located conveniently and there are 3 restaurants. There is additional parking behind the
building to meet 5.5 per 1,000 sq. ft. The Rainbow Foods shopping Center strip retail
portion has 4.5 spaces per 1,000 out front (5.5 per 1,000 sq. ft. overall), but is always
full. At the same time, there is a significant amount of parking in front of Rainbow
Foods that is not being used because of it's inconvenient location.
For shopping centers or commercial buildings less than the 100,000 sq. ft., the City has
required 6 spaces per 1,000. (Applebees, Green Mill and Prairie Court.) Applebees has
a parking problem since proof of parking and parking behind the building which is not
used reduces actual parking in front to 4.5 per 1,000. Green Mill and Prairie Courts do
not have parking problems since 6 spaces per 1,000 is provided out front.
There are currently no free-standing Media Play stores in the Twin Cities to evaluate,
however, Media Play has indicated that there are several free-standing Media Play stores
in the mid-west which have worked at 5 spaces per 1,000.
The City's of Bloomington, Minnetonka, Edina and Apple Valley have parking
requirements for commercial buildings at 5 spaces per 1,000 and have indicated no
parking problems except during the holidays.
Media Play's parking demand, other community's experience with parking demand at 5
spaces per 1,000, and the City's local experience suggest that parking waiver to 5.5
spaces per 1,000 be considered.
3
V,6. - 8'
Staff Report
Media Play
December 8, 1995
BUILDING ARCHITECTURE
The building is 66% face brick and glass. City code requires 75% facebrick and glass. Media
Play is requesting a PUD waiver for design and aesthetic reasons. Media Play has 2 alternative
ways to meet City code if directed by the Planning Commission and City Council. Staff prefers
alternative number 2. This would be similar to Frank's and Ciatti's use of a brick accent band.
Mechanical units will be screened by a continuous parapet wall around the building.
GRADING
Due to the steep slope along the north property line, a 10 to 20 foot high retaining wall must be
constructed. This would be similar to the Bachman's retaining wall. The City requires that the
retaining wall be constructed of a similar material and color as other retaining walls in the area.
If Media Play is unable to obtain a construction and permanent easement from Rosemount for
building the retaining wall, a portion of the retaining wall immediately behind the building would
be poured concrete. The retaining walls that are visible on the west and east sides of the
buildings would be a keystone construction. Though the poured concrete wall is not consistent
with other materials in the area, it is a portion of the wall which is not visible from Singletree
Lane.
LANDSCAPING
The landscaping plan meets City code requirements. To be consistent with the landscaping
schemes along Singletree Lane, half of the techny arborvitae trees should be changed to Black
Hills Spruce.
LIGHTING
The lighting plan is a combination of 30 foot high shoe box fixtures and decorative lighting. The
amount of decorative lighting fixtures is consistent with Bachman's and Brunswick.
SIDEWALKS
This project will complete a 5-foot wide concrete sidewalk connection between the Bachman's
and Brunswick site.
4
V. 8, - 9
Staff Report
Media Play
December 8, 1995
UTILITIES
Sewer and water service is available in Singletree Lane. Due to the construction of the
restaurant, some of the existing utilities will have to be relocated.
Storm water runoff will drain towards an existing treatment pond at the corner of Singletree Lane
and Prairie Center Drive.
SIGNS
Media Play is asking for a Planned Unit Development waiver to allow more than 300 sq. ft. of
sign on the front elevation. Media Play would like to transfer allowable sign square footage from
the other walls to the front of the building. The City code currently allows up to 300 sq. ft. of
sign per wall, or a total of 1,200 sq. ft. Media Play would like to construct 624 total square feet
of sign on the front elevation. The amount of sign transfer is reasonable based on the following
conditions:
1. The Media Play sign is 300 sq. ft.
2. The total amount of other sign on the front elevation, including lettering, striping and
window boxes is 324 sq. ft.
3. The total sign square footage on the front elevation at 624 sq. ft. is 52% of the total
allowable sign square footage.
4. No pylon signs will be permitted for the restaurant and Media Play.
STAFF RECOMMENDATIONS
The Community Development staff would recommend approval of the proposal based on plans
dated December 6, 1995 and the Staff Report dated December 8, 1995 and subject to the
following conditions:
1. Prior to City Council review, the proponent shall:
A. Revise the landscape plan to substitute Black Hills Spruce for techny arborvitae
along Singletree Lane.
5
v. 6. - 1°
Staff Report
Media Play
December 8, 1995
B. Revise the site plan to meet a 35 foot setback from the Bachman's driveway.
Develop a plan with tiered, curved retaining walls with heavy landscaping.
2. Prior to final plat approval, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review
and approval by the City Engineer.
B. Submit detailed storm water runoff, utility and erosion control plans for review
and approval by the Watershed District.
3. Prior to building permit issuance, the proponent shall:
A. Submit final plans for review by the Fire Marshal.
B. Pay the appropriate cash park fee.
C. Submit samples of exterior materials for review.
D. Submit final landscape plan for review.
4. The following Plan Unit Development waivers are granted through the Planned Unit
Development District Review in the Commercial Regional Service Zoning District.
A. Zero lot line setback to parking.
B. Sign square footage from 300 to 624 sq. ft. of sign on the south elevation.
C. Base area ratio increase from .20 to .24 for Lot 2.
5. Plan Unit Development approval is granted for the restaurant. The restaurant must return
to the Planning Commission and City Council for review and approval of final plans prior
to building permit issuance.
6. All retaining walls must match materials and colors of other retaining walls in the area.
If permanent and temporary construction easements cannot be obtained from Rosemount,
then the portion of the wall behind the building not visible from Singletree Lane may be
poured concrete.
6
V. 8 , - II
Staff Report
Media Play
December 8, 1995
7. All trash and recycling must be stored inside the building.
7
DEC-07-1995 16:04 BRUNSWICK REC-LEISURE SER +1 708 268 0802 P.02
(t1
Brunswick Recreation Centers
A BRUNSWICK COMPANY
VIA FAX#612-673-9768
December 7, 1995
Ms. Jennifer S. Groen
Centres Group, Ltd.
119 N. Fourth St., Suite 405
Minneapolis, MN 55401
Re: Brunswick Eden Prairie Center
Proposed change to the Easement Agreement
Media Play
Dear Ms. Groen:
Thank you for supplying the additional information Brunswick needed to make an informed
decision relative to your request for a change to the Easement Agreement.
Please be advised that after careful consideration, Brunswick herein denies your request.
The need to come on the Brunswick property to accommodate deliveries to the dock area for the
proposed Media Play poses a safety hazard for our customers and invitees. The 25-foot
easement area is intended for pedestrian and vehicle traffic use; not a truck delivery route. The
west side entrance of our building would be across from the dock area, the west side provides
parking for both the children's amusement facility and the bowling center. The presence of
children near the easement area is an inherent risk. We are not willing to escalate that risk by
inviting tractor trailer trucks on our property.
In addition to the safety issue posed by the location of the dock door in relation to our building,
there are monetary considerations that we are unwilling to incur. The macadam on the 25-foot
520 Lake Cook Road •Suite 400•Deerfield, IL 60015-4927• Phone: (708)317-7300•Fax: (708)317-0218
v. 6, - 13
Page 2
Ms. Jennifer S. Groen
Page 2
easement area is not of the integrity necessary to support truck traffic. The retaining wall at the
rear of our property would be in jeopardy of being damaged every time a truck maneuvers into
the delivery position.
The other item you asked for was the reduction in size and elimination of one parking light
standard within the landscaped island located on the first 181.89 feet of the 66-foot easement.
The light standards were placed to provide sufficient illumination to guide foot and vehicle traffic
to their destinations void of shadowed or obscured areas. Removing the light standard would
diminish visibility in the heaviest traveled area of the easement, obviously this would not be in the
best interest of the public.
1 offer the above explanation to you so you might be cognizant that our decision to reject the
request was not an arbitrary one; Brunswick has always strived to be a good neighbor.
Yours truly,
LEISERV, INC., A Brunswick Company
J. Mary Quinn
Assistant Secretary
Director Real Estate Assets
708/317-7329
JMQ:tlb
cc: VIA U.S. MAIL& FAX#612-949-8392
City of Eden Prairie Planning Commission
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Mr. Michael Franzen
v. 6 , - I y TOTAL P.03
eP
DATE:
CITY COUNCIL AGENDA
�d�1e NOVEMBER 19, 1995
SECTION:
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
FINANCE PAYMENT OF CLAIMS VI
CHECKS NUMBER 36945 THRU 37350
Action/Direction:
DECEMBER 19, 1995 IV
36945 NORWEST BANKS MINNESOTA N A FEDERAL-SOCIAL SECURITY AND MEDICARE 103807.41
WITHHOLDING PAYMENT PAYROLL 11-24-95.
36946 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 11-24-95. 900.00
36947 CAREERTRACK SEMINAR-HOW TO LEAD A TEAM/CITY HALL. 623.00
36948 THOMAS COLBERT SPEAKER-CHAPLAINCY CONFERENCE-FEES PAID. 100.00
36949 DR STEVE GEIGER SPEAKER-CHAPLAINCY CONFERENCE-FEES PAID. 150.00
36950 ELYCE KASTIGAR MILEAGE-COMMUNITY CENTER. 233.80
36951 TERRY KUCERA MILEAGE-COMMUNITY INFORMATION AND SERVICE. 19.60
36952 MINNEGASCO SERVICE. 11397.38
36953 MINNESOTA TURF CONFERENCE MN TURF AND GROUNDS CONFERENCE. 390.00
36954 BETH NILSSON SERVICE-FALL SKATING LESSONS-FEES PAID. 878.40
36955 REMBRANDT ENT REFUND-OVERBILLED STORM DRAINAGE. 1844. 18
36956 UNIVERSITY OF MINNESOTA SEMINAR-STREET MAINTENANCE. 40.00
36957 WARREN AND DONNA COLEHOUR REFUND-HORMEL HISTORY ADULT OUTING. 61 .00
36958 PRIYANKA DEVINENI REFUND-SWIMMING LESSONS. 24.00
36959 MARY GORDEN REFUND-SKATING LESSONS. 50.00
36960 BARBARA NICKOLAY REFUND-SKATING LESSONS. 50.00
36961 PAT RYERBACK REFUND-SKATING LESSONS. 14.32
36962 JACKIE STAR REFUND-OUTDOOR CENTER CLASS TUNDRA SWAN. 20.00
36963 DONNA YOUNG REFUND-OUTDOOR CENTER CLASS TUNDRA SWAN. 20.00
36964 EAGLE WINE CO WINE. 2682. 18
36965 GRIGGS COOPER & CO INC LIQUOR. 35086.86
36966 PRIOR WINE CO LIQUOR/WINE. 11114.21
36967 QUALITY WINE & SPIRITS CO LIQUOR/WINE. 15496.38
36968 JOHNSON BROTHERS LIQUOR CO LIQUOR/WINE. 51362. 17
36969 PHILLIPS WINE & SPIRITS LIQUOR /WINE. 28414.33
36970 THE WINE COMPANY WINE. 604.43
36971 PAUSTIS & SONS CO WINE. 1167.85
36972 RAFIKI & ASSOC WINE. 85.00
36973 VINTAGE ONE WINES INC WINE. 225.00
36974 BELLBOY CORPORATION LIQUOR. 827. 15
36975 WORLD CLASS WINES INC WINE. 586.82
36976 AT&T WIRELESS SERVICES SERVICE. 10.65
36977 CONCEPT MICRO IMAGING KEYPUNCH APERTURE CARDS-ENGINEERING DEPT. 642.79
36978 STUART FOX MILEAGE-FORESTRY DEPT. 196.28
36979 HONEYWELL PROTECTION SERVICES SECURITY-LIQUOR STORE II. 690.46
36980 ALLEN R LARSON TUITION REIMBURSEMENT. 243.38
36981 VOID OUT CHECK 0.00
36982 TRIA D MANN MILEAGE-ADAPTIVE REC. 54.74
36983 MCI TELECOMMUNICATIONS SERVICE. 586. 19
36984 MINNESOTA VALLEY ELECTRIC COOPERA SERVICE. 497. 10
36985 SUPPLEES 7 HI ENTER INC DECEMBER RENT-LIQUOR STORE II. 5132.72
36986 U S WEST COMMUNICATIONS SERVICE. 111 .92
36987 WONDERWEAVERS ENTERTAINMENT-PRESCHOOL EVENT. 65.00
36988 VOID OUT CHECK 0.00
36990 DON ANDERSON SERVICE-HOCKEY OFFICIAL-FEES PAID. 1112.50
36991 JEFF CORDES MILEAGE-FORESTRY DEPT. 196.28
36992 GTE DIRECTORIES ADVERTISING-LIQUOR STORES. 2707.02
36993 STEVE GOTHAM SERVICE-HOCKEY OFFICIAL-FEES PAID. 50.00
36994 LAURIE HELLING MILEAGE-RECREATION DEPT. 170.80
28074330
DECEMBER 19, 1995 1 .
DECEMBER 19, 1995 IV
36995 LARRY HILLARD SERVICE-OPEN GYM-FEES PAID. 130.00
36996 CRAIG JERDE SERVICE-HOST-FEES PAID. 25.00
36997 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL-FEES PAID. 216.00
36998 BOB LANZI MILEAGE-ATHLETIC COORDINATOR. 533.96
36999 METRO SALES INC SUPPLIES-POLICE DEPT. 247.00
37000 MILES MORTENSEN SERVICE-COMMUNITY BAND DIRECTOR. 65.00
37001 OXFORD UNIVERSITY PRESS PUBLICATION-HISTORICAL DEPT. 16.05
37002 PINNACLE DISTRIBUTING SUPPLIES LIQUOR STORES. 709.85
37003 THE PROMOTION GROUP CLOTHING-SAFETY DEPT. 155.25
37004 VOID OUT CHECK 0.00
37005 U S POSTMASTER POSTAGE-DOG LICENCE APPLICATION FORMS- 406.46
ANIMAL CONTROL DEPT.
37006 CARVER CO CHILD SUPPORT UNIT PAYROLL 11-24-95. 49.37
37007 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 11/24/95. 276.93
37008 CARVER CO CHILD SUPPORT UNIT PAYROLL 11-24-95. 90.00
37009 FEDERAL RESERVE BANK SAVINGS BOND PAYROLL 11-24-95. 350.00
37010 GREAT-WEST LIFE & ANNUITY PAYROLL 11-24-95. 8870.50
37011 HEALTHPARTNERS HEALTH INSURANCE PREMIUM FOR DECEMBER 765. 11
PAYROLL 11-24-95.
37012 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 11-24-95. 240.46
37013 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 11-24-95. 275.08
37014 ICMA PAYROLL 11-24-95. 4144.26
37015 MEDICA CHOICE HEALTH INSURANCE PREMIUM FOR DECEMBER 52304.75
PAYROLL 11-24-95.
37016 MINNESOTA DEPT OF REVENUE PAYROLL 11-24-95. 227.42
37017 MINNESOTA MUTUAL LIFE PAYROLL 11-24-95. 1251 .50
37018 MN STATE RETIREMENT SYSTEM PAYROLL 11-24-95. 247.00
37019 MN TEAMSTERS CREDIT UNION PAYROLL 11-24-95. 25.00
37020 PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 11-24-95. 110.00
37021 PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 11-24-95. 42913. 16
37022 PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 11-24-95. 1427.35
37023 UNITED WAY PAYROLL 11-24-95. 139.75
37024 ABES ALES AND BEER BEER. 329.00
37025 BELLBOY CORPORATION BEER. 109.50
37026 DAY DISTRIBUTING COMPANY BEER. 7435.72
37027 EAST SIDE BEVERAGE CO BEER. 19499.70
37028 GRIGGS COOPER & CO INC BEER. 24.04
37029 MARK VII DISTRIBUTING COMPANY BEER. 6296.25
37030 MIDWEST COCA COLA BOTTLING CO MIX. 356.70
37031 PEPSI COLA MIX. 331 .25
37032 THE WINE COMPANY BEER. 125.46
37033 THORPE DISTRIBUTING COMPANY BEER. 20870.05
37034 NORWEST BANKS MINNESOTA N A FEDERAL SOCIAL SECURITY AND MEDICARE 4800.55
WITHHOLDING PAYMENT PAYROLL 12-31-95
POLICE INCENTIVE.
37035 UNITED PROPERTIES DECEMBER RENT LIQUOR STORE III. 6554.25
37036 HEALTHPARTNERS HEALTH INSURANCE PREMIUM FOR DECEMBER 27833.67
PAYROLL 11-24-95.
37037 MINNESOTA BOARD OF PEACE PEACE OFFICER LICENSE FEE. 15.00
37038 CARD SERVICES MEETING/CONFERENCE EXPENSE-CITY HALL. 45.31
21083866
DECEMBER 19, 1995 2.
DECEMBER 19, 1995 IV
37039 MAXA ANDERSON REFUND-SWIMMING LESSONS. 21 .00
37040 DIANE BELL REFUND-ICE TIME RENTAL. 30.00
37041 CHESTER AND ARDIS CASHMAN REFUND-DEFENSIVE DRIVING CLASS. 16.00
37042 CAROL COWAN REFUND-SKATING LESSONS. 40.00
37043 SALLY BARQUIST REFUND-SWIMMING LESSONS. 24.00
37044 WAYNE EASTMAN REFUND-DEFENSIVE DRIVING CLASS. 8.00
37045 MARIKO FARAHANI REFUND-SWIMMING LESSONS. 21 .00
37046 DEBRA KALKBRENNER REFUND-SWIMMING LESSONS. • 18.00
37047 MAXA MONTFORD REFUND-SWIMMING LESSONS. 21 .00
37048 MARY QUINN REFUND-SWIMMING LESSONS. 3.00
37049 PATRICIA RYERKERK REFUND-SWIMMING LESSONS. 72.00
37050 MARK STEINE REFUND-SWIMMING LESSONS. 3.00
37051 JULIE TEATERS REFUND-SWIMMING LESSONS. 21 .00
37052 AARP 55 ALIVE MATURE DRIVING MATURE DRIVING CLASS-FEES PAID. 152.00
37053 CITY OF BLOOMINGTON CONFERENCE EXPENSE-CITY HALL. 9.00
37054 CITY OF BROOKLYN PARK ATTN T CHRI TRAINING-POLICE DEPT. 8.00
37055 CLIFF CRACAUER MILEAGE-FLEET SERVICES. 97. 16
37056 TIM GLOMSKI SERVICE-HOCKEY OFFICIAL-FEES PAID. 650.00
37057 GRIGGS COOPER & CO INC LIQUOR STORE I. 2517.75
37058 KOENIG EQUIPMENT INC SIDE LOADER GARBAGE PACKER-FLEET 19936.46
MAINTENANCE.
37059 KRIS KROWECH LIFEGUARD TRAINING-SAFETY DEPT. 106.85
37060 ANN MABBOTT DIVERSITY TRAINING CONSULTANT. 100.00
37061 MINNESOTA DEPT OF LABOR FEE-UTILITIES. 20.00
37062 MINNESOTA REC AND PARK ASSOC MEETING EXPENSE-SENIOR CENTER. 25.00
37063 SISINNI FOOD SERVICE MEETING EXPENSE-CITY HALL/CITY COUNCIL/ 3338.05
ADULT REC/UTILITIES DIVISION/FIRE DEPT
CHRISTMAS DINNER.
37064 PETER N SMITH SERVICE-VOLLEYBALL OFFICIAL-FEES PAID. 198.00
37065 SNELL MECHANICAL INC REPAIR-AIR CONDITIONING UNIT COMMUNITY 417.50
CENTER.
37066 RON KREISEL REFUND OVERPYMT FINAL BILL ACCT 35.53
11832000861 .
37067 TRACY OVERTURF REFUND-DOUBLE PYMT UTILITIES. 104. 13
37068 MARC THIELMAN REIMBURSEMENT-TELEPHONE CHARGES. 25.61
37069 NORTHERN STATES POWER COMPANY SERVICE. 51603.26
37070 GENUINE PARTS COMPANY SPOTLIGHT/EXT CORDS/PLIERS/WRENCH/ 3033.98
SCREWDRIVERS/SWITCH/POLISH/SHAMPOO/RELAY/
HUPCAP/ROTOR/AIR & OIL FILTERS/GAS CAP/
FILTERS/VALVES/FITTINGS/BULBS/FLASHERS/
HOSE/FLAPS/SPLASH GUARD/BLADES/SPARK
PLUGS/FLANGE/HANGER/INSULATOR/FUSE-FLEET
SERVICES/UTILITIES.
37071 KRAEMERS HOME CENTER PAINT/BRUSHES/ANCHORS/BIRDFOOD/EXT CORDS/ 1833.93
TOOL BOX/VALVES & FITTINGS/PADLOCKS/
BATTERIES/KEYS/GLASS/VELCRO/MASKING TAPE/
NUTS & BOLTS/TEFLON/LIQUID NAILS/JACK/
DOWELS-UTILITIES/FACILITIES/STREET DEPT/
FIRE DEPT.
37072 MARIA ANDERSON REFUND-ACTIVITY CAMP. 62.00
8457221
DECEMBER 19, 1995 3.
DECEMBER 19, 1995 IV
37073 JIM BULTMAN REFUND-SOFTBALL. 50.00
37074 LISA KLONNE REFUND-AQUA AEROBICS CLASS. 30.00
37075 BRIAN LOUHI REFUND-SOFTBALL. 100.00
37076 ROD MACRAE MILEAGE AND SUPPLIES-OUTDOOR CENTER. 228.20
37077 ROBERT MEINKE REFUND-RETIREMENT STRATEGIES. 35.00
37078 ANN MYHRE SERVICE-CAMP NATCH INSTRUCTOR-OUTDOOR 120.00
CENTER.
37079 VALLEY PAVING INC CITY IMPROVEMENT-DELL ROAD. 56611.02
37080 SHEEHY CONSTRUCTION COMPANY CITY IMPROVEMENT-WELL PUMPHOUSE NO 11 AND 26558.05
12.
37081 PRECISION PAVEMENT MARKING CITY IMPROVEMENT-1995 STREET STRIPING. 6980.75
37082 RIDGEDALE ELECTRIC 0.00
37083 RIDGEDALE ELECTRIC INC CITY IMPROVEMENT-CITY CENTER SITE 19570.00
LIGHTING IMPROVEMENTS.
37084 A AARONS REPAIR TO POOL CONDITIONER-COMMUNITY 87.50
CENTER.
37085 ACTION THREADED PRODUCTS FASTENERS-WATER TREATMENT PLANT. 74.53
37086 ADVANCED GRAPHIC SYSTEMS INC DRUM CART-POLICE DEPT. 150.01
37087 ADVERTISING INCENTIVES UNIFORMS-LIQUOR STORES. 511 .35
37088 AEC ENGINEERING NEW TANK COATING INSPECTION. 1687. 10
37089 ALEX AUDIO AND VIDEO SERVICE VCR REPAIR-POLICE DEPT. 25.00
37090 AMERICAN ENGINEERING TESTING INC BAKER ROAD RESERVOIR REHABILITATION. 3342.71
37091 AMERICAN MANAGEMENT ASSOCIATION SUPPLIES-UTILITIES. 133.36
37092 AMERICAN INFANT CARE PRODUCTS SANITARY LINERS AND LINER COVERS- 23.30
COMMUNITY CENTER.
37093 AMERICAN LINEN SUPPLY CO SERVICE-LIQUOR STORES. 164.65
37094 AMERICAN PAGING OF MINNESOTA PAGING SERVICE-STREET DEPT/UTILITIES/ 700.47
ASSESSING/FLEET SERVICES/HUMAN RESOURCES/
POLICE DEPT.
37095 AMERICAN PUBLIC WORKS ASSOC 1996 DUES FOR AMERICAN PUBLIC WORKS ASSOC. 536.00
37096 AMERICAN MANAGEMENT ASSOC 1996 MEMBERSHIP FOR ED SORENSON. 165.00
37097 AMERICAN RED CROSS BAG VALVE MASKS-AQUATICS/COMMUNITY CENTER. 34.08
37098 AMERICAN WATER WORKS ASSOC PUBLICATIONS-SCHOOL DISTRICT TRAINING/ 1725. 90
EDUCATION PACKAGE-TRAINING VIDEOS-
UTILITIES DIVISION.
37099 ANCHOR PRINTING COMPANY 1/5 SHARE OF A.R.L.E. WINTER PROGRAM. 269.45
37100 EARL F ANDERSEN & ASSOC INC SIGNS/BRACKETS/CHANNEL POSTS/GREEN CAP 12345.96
AND ROD-STREET DEPT-UTILITIES-FACILITIES-
COMMUNITY CENTER.
37101 KEN ANDERSON TRUCKING WILDLIFE DISPOSAL-ANIMAL CONTROL DIVISION. 111 .83
37102 MARTIN ANDERSON REHAB PROGRAM-RANGE HOOD. 154. 17
37103 API FUND FOR PAYROLL EDUCATION PUBLICATION-FINANCE DEPT. 197.60
37104 AQUA CITY PLUMBING AND HEATING INSTALL NEW DRAIN LINES ON WELL 11 AND 12. 750.00
37105 ASPEN EQUIPMENT COMPANY SHLF RACK/CABINET/SHOP SUPPLIES AND 333.26
REPAIRS/FLOOR PLATE/PLOW PARTS-STREET
DIVISION-FLEET SERVICES.
37106 AUDIO VISUAL WHOLESALERS PROJECTOR-CITY HALL. 473.93
37107 AUDIOVISUAL INC REPAIRS AV CONTROL ROOM CITY CENTER. 425.00
37108 BACHMANS LANDSCAPE SUPPLIES-WELL NO 11. 193.62
37109 BACONS ELECTRIC CO MOTOR GENERATOR/POWER CONNECTIONS FOR 765.00
HUMIDITY CONTROL-WATER TREATMENT PLANT.
13566380
DECEMBER 19, 1995 4.
DECEMBER 19, 1995 IV
37110 S H BARTLETT CO INC SUPPLIES-COMMUNITY CENTER. 135.86
37111 BAUER BUILT INC BATTERIES-FLEET MAINTNENANCE. 264.71
37112 B CLEAN SERVICES FURNITURE CLEANING-FIRE STATION 3. 303.52
37113 BECKER ARENA PRODUCTS INC REPAIRS TO RESURFACER-COMMUNITY CENTER. 282.00
37114 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 883.76
37115 BENSHOOF & ASSOCIATES INC TRAFFIC ENGINEERING ASSISTANCE-EDEN 5815.32
PRAIRIE TRANSPORTATION PLAN.
37116 BEST COPIERS OF MN TONER-STREET DEPT. 73.83
37117 BEST WESTERN KELLY INN CONFERENCE EXPENSE-PARK AND RECREATION 71 . 14
DEPT.
37118 BIFFS INC SERVICE-PARK MAINTENANCE. 653.30
37119 BLUMBERG COMMUNICATIONS INC CAMERA REPAIR-POLICE DEPT. 422. 19
37120 BOMI INSTITUTE EMROLLMENT FEE-FACILITIES. 158.00
37121 BOYD HOUSER CANDY & TOBACCO CO SUPPLIES-COMMUNITY CENTER. 323. 14
37122 BRAUN INTERTEC CORPORATION LAGOON SLUDGE ANALYSIS WATER TREATMENT 1750.25
PLANT/CITY WEST PKWY PROJECT/BLUE STEM
LAKE DRAINAGE PROJECT.
37123 BRW INC PROFESSIONAL SERVICES-DELL ROAD 919.46
CONSTRUCTION.
37124 B & S TOOLS HUB SOCKET/CUTTERS/NIPPLES/FLASHLIGHT/TIN 4336.25
SNIP/SOCKETS/WRENCHES/PIPE CUTTERS/TIRE
IRONS/RACHET/HAMMERS/MEASURING TAPE/
GRINDER/STRIPPER/PROTECTIVE BOOT/VISE
GRIPS/PLIERS/BLOW GUN/AIR RACHET/SCREW
GUN/FLAT FILE-UTILITIES-FLEET MAINTENANCE.
37125 CARGILL INCORPORATED DEICING SALT-STREET DEPT. 3096. 17
37126 CARLSON REFRIGERATION CO INC SUPPLIES-LIQUOR STORE. 251 .94
37127 CATCO PARTS-FLEET MAINTENANCE. 430.26
37128 CCS CONCRETE AND MASONRY INC REHAB WORK-GARAGE FLOOR 16371 WESTGATE. 2973.00
37129 CENTRAIRE INC REPAIRS TO AIR UNIT-PUBLIC WORKS. 109.50
37130 BRUCE CHRISTOPHER SEMINARS WORKSHOP-CITY HALL. 2850.00
37131 CHANHASSEN BUMPER TO BUMPER WIPER MOTOR-FLEET MAINTENANCE. 85.34
37132 CLAREYS SAFETY EQUIPMENT INC LITEBOX FIRE SYSTEM-FIRE DEPT. 186.30
37133 CO2 SERVICES CO2-COMMUNITY CENTER. 39.95
37134 THE COLOR CENTER PAINT-UTILITIES. 130.20
37135 CONCEPT MICRO IMAGING MICROFILMING-FINANCE DEPT. 1079. 12
37136 COPY EQUIPMENT INC SUPPLIES-UTILITIES/ENGINEERNG. 540.21
37137 CONNEY SAFETY PRODUCTS SUPPLIES-UTILITIES. 424.76
37138 CREATIVE CONCEPTS IN MARKETING HUMAN RIGHTS AWARD-CITY HALL. 213.00
37139 CUB FOODS MEETING EXPENSE-FIRE DEPT. 374.66
37140 CURTIN MATHESON SCIENTIFIC INC SUPPLIES-WATER TREATMENT PLANT. 398.61
37141 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT PLANT. 6711 .24
37142 DALCO BLEACH/TOWELS-FACILITIES. 152.90
37143 DANKO EMERGENCY EQUIPMENT CO SUPPLIES-POLICE DEPT. 721.05
37144 DAVIES WATER EQUIPMENT CO WATER MAIN REPAIR - UTILITIES. 1381 .28
37145 DEALER AUTOMOTIVE SVCS INC RADIO-FLEET SERVICES. 302.46
37146 DECORATIVE DESIGNS LIVE PLANT MAINTENANCE-DECEMBER. 365.85
37147 DELANO ERICKSON ARCHITECTS EPCC ARENA RINK ONE DEHUMIDIFICATION. 1538.70
37148 DELEGARD TOOL CO RECHARGABLE LIGHT-FLEET MAINTENANCE. 353.80
37149 DEM CON LANDFILL INC DEMOLITION DISPOSAL-STREET DEPT. 54.00
4115703
DECEMBER 19, 1995 5.
DECEMBER 19, 1995 IV
37150 DESIGNS BY NORVELL INC SUPPLIES-POLICE DEPT. 114.78
37151 DKH EXCAVATION INC DEMOLITION OF HOME AT 14350 PIONEER TRAIL. 23800.00
37152 VOID OUT CHECK 0.00
37153 EDEN PRAIRIE CHAMBER OF COMMERCE MEMBER AND NON MEMBER LABELS. 128.20
37154 EDEN PRAIRIE FORD PARTS-FLEET MAINTENANCE. 46.86
37155 EDEN PRAIRIE SCHOOL DIST 272 USE OF FOOTBALL FIELD-ADULT RECREATION. 540.00
37156 EKLUNDS TREE & BRUSH DISPOSAL BRUSH DISPOSAL. 1605.00
37157 ELVIN SAFETY SUPPLY INC DETECTOR TUBE NITROGEN DIOXIDE-COMMUNITY 128.69
CENTER.
37158 SANDRA ENRICH MILEAGE-ADAPTIVE REC. 8.40
37159 FEDERAL EXPRESS CORPORATION POSTAGE-CITY HALL. 112.00
37160 FEED RITE CONTROLS INC SODIUM SILICOFLUORIDE/CLORINE-UTILITIES 2512.60
DIVISION.
37161 FEIST BLANCHARD AUTOMOTIVE WAREHO BRAKE PADS-FLEET SERVICES. 329.84
37162 FERRELLGAS PROPANE-COMMUNITY CENTER. 67.76
37163 FIBROCOM SERVICE REPAIR-POLICE DEPT. 398.99
37164 FINLEY BROS ENTERPRISES CHAIN LINK FENCE/VOLLYBALL STANDARDS-PARK 1535.00
MAINTENANCE.
37165 FIRE MARSHALS ASSOC OF MN 1996 MEMBERSHIP DUES. 35.00
37166 FLANAGAN SALES INC SAFETOP SURFACE-MILLER PARK. 9377.30
37167 JOHN HENRY FOSTER MINNESOTA GASKET-UTILITIES. 15.36
37168 FRANKLIN QUEST CO SUPPLIES-ADAPTIVE REC/FACILITIES/PARK 270.62
MAINTENANCE.
37169 GARDNER HARDWARE CO SUPPLIES-WATER DEPT. 302.26
37170 GARTNER REFRIGERATION & MFG INC REPAIRS-COMMUNITY CENTER. 934.46
37171 GENERAL OFFICE PRODUCTS CO TAPE/LIQUID PAPER/CLIPS/BINDERS/FASTENERS/ 374.90
RACKS/STORAGE CASE/PAPER/MISC SUPPLIES-
WATER DEPT/SUPPLIES-LIQUOR STORE I.
37172 GETTMAN COMPANY SUPPLIES-LIQUOR STORE I. 80.00
37173 G & K SERVICES SHOPTOWELS-PARK MAINTENANCE. 33.82
37174 GLENWOOD INGLEWOOD SERVICE-LIQUOR STORE II. 7. 19
37175 GOLD ASSOCIATES INC CONSULTING SERVICES-POLICY COMMITTEE 1839.34
MEETING.
37176 GOODYEAR COMMERCIAL TIRE & SVC TIRES-FLEET SERVICES. 592.35
37177 GOPHER STATE ONE-CALL INC SERVICE-UTILITIES DIVISION. 122.50
37178 GTE DIRECTORIES ADVERTISING-COMMUNITY CENTER. 83.70
37179 HACH COMPANY CHLORINE-WATER TREATMENT PLANT. 108.00
37180 HANSEN THORP PELLINEN OLSON INC SERVICE-RILEY LAKE RD/RIVERVIEW RD/ 8355.09
COLUMBINE MEDCOM EXTENSIONS/RICE MARCH
LAKE/HAWTHORNE OF EDEN PRAIRIE 3RD ADDN.
37181 HARMON GLASS COMPANY GLASS-FLEET MAINTNEANCE/PARK MAINTENANCE. 191 .58
37182 JOHN HEINEN CARPET CLEANING CARPET CLEANING-LIQUOR STORES. 511 .20
37183 HENNEPIN COUNTY TREASURER HENNEPIN COUNTY CATCH BASINS AND LEADS 23990.03
PROJECT.
37184 HENNEPIN COUNTY SHERIFF 1995 ANNUAL RADIO LEASE-POLICE DEPT. 6734.91
37185 HENNEPIN COUNTY SHERIFF OCTOBER 1995 BOOKING FEE-POLICE DEPT. 596.95
37186 HENNEPIN COUNTY TREASURER NOVEMBER 95 SOLID WASTE MANAGEMENT FEE. 31 .39
37187 HENNEPIN COUNTY PUBLIC RECORDS RECORDING FEES. 233.00
37188 HENNEPIN TECHNICAL COLLEGE TRAINING-FIRE DEPT. 3727.70
37189 D C HEY COMPANY INC TONER-CITY CENTER. 154.31
9003108
DECEMBER 19, 1995 6.
DECEMBER 19, 1995 IV
37190 HONEYWELL INC MAINTENANCE AGREEMENT-UTILITIES DIVISION. 1998.00
37191 HOSP SUPPLY SCIENTIFIC PROD SODIUM HYDROXIDE/BUFFER-WATER TREATMENT 121 .86
PLANT.
37192 HUDSON MAP COMPANY STREET MAPS-POLICE DEPT/UTILITIES 179.48
DIVISION.
37193 INFRATECH INC SERVICE TO LOCATE CONNECTIONS/MANHOLE 2647.74
SEALING-UTILITIES DIVISION.
37194 INGRAM EXCAVATING MITCHELL POND IMPROVEMENTS. 28406.25
37195 JUSTUS LUMBER CO WOOD/LOCK/CATCH-UTILITIES. 115.79
37196 VOID OUT CHECK 0.00
37197 KEEP AMERICA BEAUTIFUL INC SUPPLIES-STORM DRAINAGE. 369.87
37198 FESTIVE DISPLAYS HOLIDAY WINDOW PAINTINCOMMUNITY CENTER. 60.00
37199 KOCH SULFER PRODUCTS CO2-UTILITIES. 642. 19
37200 KENNETH COMPANIES INC SERVICE-LAWN MAINTENANCE CEMETERY. 600.00
37201 LAB SAFETY SUPPLY BUNGEE CORD/GLOVES/ADAPTER-WATER 370.54
TREATMENT PLANT-COMMUNITY CENTER.
37202 LAKE COUNTRY DOOR DOOR REPAIRS-OLD POLICE GARAGE/FIRE 864.00
STATION I/FIRE STATION II/MAINTENANCE
BUILDING.
37203 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 739.05
37204 LAKE REGION VENDING SUPPLIES- LIQUOR STORES. 2422. 17
37205 LAKELAND FORD TRUCK SALES INC BRAKE ADJUSTMENT/PARTS-FLEET MAINTENANCE. 566.74
37206 LAME H RYS COLLISION ACCIDENT REPAIRS-FLEET SERVICES. 9075.24
37207 LANG PAULY & GREGERSON LTD AUG-SEPT-OCT LEGAL SERVICES / NOV 95 48037.92
PROSECUTION.
37208 LEHMANN FARMS SUPPLIES-LIQUOR STORE I. 17.25
37209 CYNTHIA J LANENBERG MILEAGE-FIRE DEPT. 79.24
37210 LOES OIL CO CRUSHED OIL FILTERS-FLEET MAINTENANCE. 60.00
37211 LONG LAKE TRACTOR & EQUIPMENT PINS/BUSHING/SEAL-FLEET MAINTENANCE. 229.70
37212 LYMAN LUMBER CO WOOD-PARK MINTENANCE. 1305.31
37213 LYONS SAFETY SUPPLIES-WATER TREATMENT PLANT. 107.62
37214 MACQUEEN EQUIPMENT INC BROOM CYLINDER/ADAPTER-FLEET MAINTENANCE. 501 .91
37215 MANKATO STATE UNIVERSITY JOB FAIR-YOUTH RECREATION DEPT. 5.00
37216 TIM MARPE SERVICE-COMMUNITY BAND DIRECTOR. 240.00
37217 MASUEN COMPANY GLOVES/FIRST AID SUPPLIES/SOAP-WATER 305.35
TREATMENT PLANT.
37218 MASYS CORPORATION JANUARY 1996 MAINTENANCE AGREEMENT-POLICE 1429.70
DEPT.
37219 MAXI-PRINT INC BUSINESS CARDS-POLICE DEPT. 85.20
37220 ROBERT MCCONNELL PRODUCTIONS TRAINING SUPPLIES-CITY HALL. 48.50
37221 MENARDS FUSES/WOOD/BLADES/DUCT TAPE/HAMMER/POLY/ 238.96
DOOR CLOSER/TWINE/SCRAPER/MISC SUPPLIES-
FACILITIES-PARK MAINTENANCE-FLEET
SERVICES-STREET DEPT.
37222 METRO IMPROVEMENTS ABATE ASBESTOES IN BOYCE HOUSE. 5028.00
37223 METRO EROSION FENCE INSTALLATION-LAKE RILEY. 514.35
37224 JANET MEYER SERVICE-INSTRUCTOR-SENIOR CENTER FEES 10.00
PAID.
37225 METROPOLITAN COUNCIL WASTEWATER S SEWER SERVICE FOR JANUARY 1996. 207811 .00
37226 MID-AMERICA POWER DRIVES PARTS-FLEET MAINTENANCE. 702.39
31593632
DECEMBER 19, 1995 7.
DECEMBER 19, 1995 IV
37227 MID AMERICA PLASTICS INC BALL VALVE-WATER TREATMENT PLANT. 168.54
37228 MINNESOTA BUSINESS FORMS LINCENSE FORMS-FINANCE DEPT. 407.89
37229 MINNCOMM PAGING PAGING SERVICE-UTILITIES. 44.46
37230 MINNESOTA BLUEPRINT SUPPLIES-ENGINEERING. 1562.78
37231 MINNESOTA CONWAY RECHARGE EXT-FIRE DEPT. 120.80
37232 MINNESOTA DEPT OF TRANSPORTATION STATE AID PROJECT DEVEL MANUAL. 5.00
37233 MN DEPT OF TRANSPORATION PLANT INSPECTIONS. 15.00
37234 MINNESOTA DEPT OF HEALTH 4TH QRT 95 WATER SERVICE CONNECTION FEE 15890.00
PAYMENT.
37235 BCA/TRAINING AND DEVELOPMENT TRAINING-POLICE DEPT. 80.00
37236 MN FESTIVAL AND EVENTS ASSOC 1996 ANNUAL MEMBERSHIP DUES-MN FESTIVAL 25.00
AND EVENTS ASSOC.
37237 THE STATE OF MINNESOTA 1996 ANNUAL TRUCK INSPECTION STICKERS. 30.00
37238 THE STATE OF MINNESOTA 1996 ANNUAL TRUCK INSPECTION STICKERS. 80.00
37239 STATE OF MINNESOTA-DEPT OF LABOR LINCENSE FEES. 30.00
37240 MINNESOTA STATE FIRE DEPT ASSOC 1996 DUES-FIRE DEPT. 240.00
37241 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADS-HUMAN RESOURCES. 104.80
37242 MR SIGNS RAC 100 DIST MEASURE WITH ELECTRONIC 469.28
SENSOR-STREET DEPT.
37243 MIRACLE RECREATION DEPT SUPPLIES-PARK MAINTENANCE. 12.07
37244 MRPA 1996 MEMBERSHIP DUES MN RECREATION AND 66.00
PARKS ASSOCIATION-AQUATIC AND FITNESS
COORDINATOR.
37245 WM MUELLER & SONS INC CONCRETE SAND-STREET DEPT/UTILITIES/PARKS. 1862. 18
37246 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-HUMAN RESOURCES. 1443.24
37247 NATIONAL TACTICAL OFFICERS ASSOC 1996 MEMBERSHIP-POLICE DEPT. 30.00
37248 NEBCO EVANS DISTRIB MERCH FOR RESALE-COMMUNITY CENTER. 684. 14
37249 NORTH STAR ICE ICE-LIQUOR STORES. 430.02
37250 NORTHLAND BUSINESS SYSTEMS INC FAX MACHINE REPAIRS-POLICE DEPT. 607.50
37251 NU METRICS SERVICE REPAIR-FLEET MAINTENANCE. 82.50
37252 OLSEN CHAIN & CABLE CO INC CARABINER/BOLT BAG/GLOVES/HAMMER HOLDER- 215.52
UTILITIES DIVISION.
37253 OLYMPIC ELECTRIC REPAIRS TO LIGHTING-POLICE DEPT. 300.84
37254 ONTRACK SUPPLIES-UTILITIES DIVISION. 111 .45
37255 OPM INFORMATION SYSTEMS SERVICE REPAIR-UTILITIES. 110.00
37256 PADGETT THOMPSON CONFERENCE EXPENSE-FINANCE DEPT. 175.00
37257 PAPER WAREHOUSE INC SUPPLIES-YOUTH RECREATION/TURN OFF THE 97. 16
VIOLENCE/AFTER SCHOOL REC.
37258 PARROTT CONTRACTING INC WELL #10 COLLECTOR LINE EDENVALE BLVD 1307.50
REPAIR-UTILITIES.
37259 PATRICK AND CO PET TAGS-AMINAL CONTROL DEPT. 405.02
37260 PHONES PLUS HEADSETS HEADSET-ENGINEERING DEPT. 259.75
37261 PINK COMPANIES CHAIRS-FINANCE DEPT/CHAIRS-FINANCE DEPT/ 4410.81
WATER DEPT/SEWER DEPT.
37262 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORES. 413.35
37263 PITNEY BOWES POSTAGE METER RENTAL-JAN 1996. 179.72
37264 POWERTEX SPORTSWEAR INC JERSEYS-ADULT RECREATION. 296.80
37265 PRACTITIONERS PUBLISHING COMPANY PUBLICATION-FINANCE DEPT. 91.00
37266 PRAIRIE ELECTRIC COMPANY INC FURNISH AND INSTALL LIGHTING-SENIOR 290.00
CENTER.
3315512
DECEMBER 19, 1995 8.
DECEMBER 19, 1995 IV
37267 PRAIRIE EQUIPMENT CO INSPECTION MIRRORS/RUBBER GASKETS/ 588. 93
INSPECTION PICKS/MANHOLE RUBBER TAPE-
UTILITIES DIVISION.
37268 PRAIRIE LAWN & GARDEN OIL/LINE/RECOIL/STARTER GASKET/SCREWS/ 103.65
SHOP LABOR/SHOP SUPPLIES/DIAPHRAGM KIT-
PARK MAINTNENANCE/STREET DEPT/FLEET
MAINTENANCE.
37269 PRAIRIE LAWN & GARDEN CHAIN SHARPENING-FIRE DEPT. 12.50
37270 PRAIRIE OFFSET PRINTING LETTERHEAD-HUMAN RIGHTS AND DIVERSITY. 310.39
37271 PRECISION BUSINESS SYSTEMS INC MICROPHONE-POLICE DEPT. 89.95
37272 PRINTERS SERVICE INC ICE KNIFE SHARP-COMMUNITY CENTER. 43.50
37273 PRO SOURCE FITNESS FITNESS SUPPLIES-POLICE DEPT/COMMUNITY 51 .54
CENTER.
37274 PTI PUBLICATIONS CENTER PUBLICATIONS-ADMINSTRATION. 20.00
37275 JUDITH PUNCOCHAR DIVERSITY TRAINING CONSULTANT. 200.00
37276 QUALITY WASTE CONTROL INC WASTE SERVICE-COMMUNITY CENTER/WATER 990. 13
PLANT/FIRE DEPT I II AND III/SENIOR
CENTER/STORAGE BLDG/STRRET DEPT/WATER
PLANT/LIQUOR STORE II/3135874.
37277 RADIO SHACK RECORDER-POLICE DEPT BATTERIES-FIRE DEPT. 124.67
37278 RC IDENTIFICATIONS ICN LETTER SIZE POUCHES-POLICE DEPT. 79.88
37279 THE RETAIL MARKETING GROUP ADVERTISING-LIQUOR STORES. 100.00
37280 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-GOLDEN RIDGE ROAD/SUNNYBROOK ROAD/ 45679. 10
WATER TOWER/BFI FLYING CLOUD FIELD
UTILITY/CITY WEST PARKWAY/SW AREA WATER
AND SEWER FEASIBILITY STUDY.
37281 RITZ CAMERA FILM AND FILM DEVELOPING-ENGINEERING/ 294.51
STREETS/COMMUNITY SERVICE.
37282 ROADRUNNER TRANSPORTATION INC DELIVERY SERVICE-FLEET MAINTENANCE. 29. 15
37283 ROGERS SERVICE REBUILD ALTERNATOR-FLEET MAINTENANCE. 117. 10
37284 ROOTER ROOTER SERVICE-RED ROCK RD UTILITIES. 125.00
37285 RUFF CUT WEED CUTTING-PARK MAINTENANCE. 60.00
37286 RYANS RUBBER STAMPS SELFINK STAMPS-POLICE DEPT. 44.73
37287 SANCO INC CLEANING MAINTENANCE SUPPLIES-FACILITIES. 1245.40
37288 SAVOIE SUPPLY CO INC CHEMSTATION PRODUCT/DRUM PUMP-FLEET 387.28
MAINTENANCE.
37289 JUDY SCHUCK REIMBURSE FOR TRAINING MATERIALS. 26.76
37290 SETON NAME PLATE CO LP GAS TANK TAGS-INSPECTION DEPT. 175.95
37291 SHAKOPEE VALLEY PRINTING PRINTING WINTER BROCHURE-PARK AND REC 7282.00
DEPT.
37292 SIMPLEX TIME RECORDER CO BATTERIES-FACILITIES. 193.80
37293 ERIC SIT SERVICE-INSTRUCTOR TAE KWON DO-FEES PAID. 652.40
37294 SKYWAY TENT RENTAL INC DANCE FLOOR RENTAL-ADAPTIVE REC. 287.55
37295 W GORDON SMITH CO LP GAS-STREET DEPT. 82.37
37296 SNAP-ON TOOLS CORPORATION CIRCUIT TESTER/PLIERS-FLEET MAINTENANCE. 57. 11
37297 SNELL MECHANICAL INC SERVICE REPAIRS TO RINK #2/AIR UNITS IN 1404.55
LOCKER ROOM/EXHAUST FAN/HEATER/POOL AIR
HANDLER-COMUNITY CENTER.
37298 SNYDER DRUG SUPPLIES-POOL COMMUNITY CENTER. 22.75
37299 SOKKIA MEASURING SYSTEMS ADJUST PRISM POLES-ENGINEERING. 10.00
6089265
DECEMBER 19, 1995 9.
DECEMBER 19, 1995 IV
37300 SOUTHAM BUSINESS COMMUNICATIONS CONSTRUCTION BULLETIN AD-UTILITIES. 182.50
37301 SOUTHWEST CONTRACTORS SUPPLY SUPPLIES-UTILITIES. 589.99
37302 SOUTHWEST SUBURBAN CABLE COMMISSI FIRST QUARTER 1996 CONTRIBUTION TO THE 11661 .97
OPERATING BUDGET OF THE SOUTHWEST
SUBURBAN CABLE COMMISSION - ANTICIPATED
FEES 1996 FRANCHISE RENEWAL NEGOTIATIONS
CLIENT MATTER 32618.23.
37303 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-HUMAN RESOURCES. 58. 10
37304 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIQUOR STORES/LEGAL 2815.05
ADVERTISING FOR NOVEMBER.
37305 STANDARD REGISTER SUPPLIES-FINANCE DEPT. 152.54
37306 STANDARD SPRING COMPANY REPLACEMENT OF REAR SPRINGS/SUPPLIES- 1134.92
FLEET MAINTENANCE.
37307 STRGAR ROSCOE FAUSCH INC SERVICE-DELL ROAD/SCENIC HEIGHTS ROAD. 19526.24
37308 ST PAUL BOOK & STATIONERY CO CALCULATOR-ENGINEERING DEPT. 16.25
37309 THE STATE CHEMICAL MFG CO SUPPLIES-WATER TREATMENT PLANT. 427.21
37310 STREICHERS PROFESSIONAL POLICE EQ RANGE TARGETS-POLICE DEPT. 158.69
37311 STRINGER BUSINESS SYSTEMS INC SUPPLIES-CITY HALL. 38.92
37312 SWEDLUND SEPTIC SERVICE SERVICE-PARK MAINTENANCE. 545.00
37313 SYSTEMS CONTROL SERVICES INC SERVICE REPAIR-WATER WELL #7. 273. 11
37314 SUBURBAN CHEVROLET REPAIRS-FLEET MAINTENANCE. 100.00
37315 STAR TRIBUNE SUNDAY PAPER FOR RESALE-LIQUOR STORE III. 49.64
37316 TAB PRODUCTS CO SUPPLIES-POLICE DEPT. 275.32
37317 TAUNTON DIRECT-FINE GARDENING SUBCRIPTION-FACILITIES. 64.00
37318 TEENS ALONE THIRD QUARTER PAYMENT TO SUPPORT OUTREACH 2000.00
SERVICES FOR EDEN PRAIRIE YOUTH AND
FAMILIES.
37319 THIRTY THREE MINUTE PHOTO FILM AND FILM DEVELOPING-ASSESSING/ 73.80
ADAPTIVE REC/FIRE DEPT.
37320 TRACY/TRIPP FUELS DIESEL FUEL-FLET SERVICES. 4525. 15
37321 TRISTATE PUNP AND CONTROL INC REMOVE INSPECT REPAIR LIFT STATION PUMP- 4707.36
UTILITIES.
37322 TURNQUIST INC SUPPLIES-FACILITIES. 410.24
37323 TWIN CITY OXYGEN CO ACETYLENE/ARGON/CO2/HELIUM/NITROGEN/ 124.80
OXYGEN-FLEET MAINTENANCE-FIRE DEPT.
37324 TWIN CITY VACUUM VACUUM CLEANER/BAGS-FACILITIES. 929.75
37325 USPCI GONDOLA RENTAL-PUBLIC WORKS. 425.00
37326 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT. 1865.36
37327 UNLIMITED SUPPLIES INC NUTS/WASHERS-FLEET MAINTENANCE. 50.27
37328 VESSCO INC UNIT RETAINER-WATER TREATMENT PLANT. 355.38
37329 ROBERT C VOGEL AND ASSOC SURVEY AND EVALUATION OF THE MN VALLEY 2000.00
WAYSIDE LOOKOUT PARK PROJECT.
37330 VOSS LIGHTING LIGHTING SUPPLIES-PARK MAINTENANCE/ 76.78
COMMUNITY CENTER.
37331 JOHN WALBRUN REFUND FOR DOUBLE PYMT FINAL BILL 86.58
ACCT#10724003753-7270 TARTON.
37332 WBSC FORMS-HISTORCIAL DEPT. 10.00
37333 WARREN GORHAM AND LAMONT PUBLICATIONS-UTILITIES. 182.06
37334 WASTE MANAGEMENT SAVAGE WASTE DISPOSAL-LIQUOR STORE I. 127. 96
37335 WATERPRO SPEEDCRETE/TUBING/ECR/COND WIRE/AIR 9204.61
VALVES/METERS/GASKETS/ROD SEAL/TOUCHPAD
UPGRADES-UTILITIES DIVISION.
6522455
DECEMBER 19, 1995 10.
DECEMBER 19, 1995 IV
37336 WATER SPECIALTY OF MN-INC CHLORINE-COMMUNITY CENTER. 394.04
37337 MARY WEEKS SERVICE-AFTER SCHOOL PROGRAM-FEES PAID. 135.00
37338 WESTBURNE SUPPLY INC-MPLS WHITE DRINKING FOUNTAIN-COMMUNITY CENTER. 384.65
37339 WESTSIDE EQUIPMENT REPAIR DIESEL PUMP-FLEET MAINTENANCE. 83.39
37340 WILD BIRD UNLIMITED BIRD SEED-OUTDOOR CENTER. 19. 15
37341 WINZER CORPORATION STOCK-FLEET MAINTENANCE. 316.40
37342 W W GRAINGER INC SUPPLIES-FACILITIES. 109.96
37343 WORDPERFECT MS ORM 7100 SUBCRIPTION-FINANCE DEPT. 24.00
37344 X IMAGE PHOTO IMAGING BOOKING STATION. 18323.20
37345 X ERGON SUPPLIES-WATER DEPT. 420.08
37346 YALE INC REPAIRS AND MAINTENANCE-WATER TREATMENT 1152.64
FACILITY.
37347 ZACKS INC SUPPLIES-FLEET MAINTENANCE. 488.52
37348 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-WATER DEPT/STREETS/ 317.52
PARK MAINTENANCE.
37349 ZEP MANUFACTURING COMPANY CHOKE AND CARBURETOR CLEANER/DEGREASER- 805.93
FLEET MAINTENANCE.
37350 END 0.00
19500 VOID OUT CHECK 30.00
19500 VOID OUT CHECK 30.00-
19500 VOID OUT CHECK 30.00-
23901 VOID OUT CHECK 62.00-
23999 VOID OUT CHECK 50.00-
24077 VOID OUT CHECK 100.00-
23272 VOID OUT CHECK 56.90-
24132 VOID OUT CHECK 50.00-
28847 VOID OUT CHECK 195.00-
29923 VOID OUT CHECK 149.06-
31718 VOID OUT CHECK 100.00-
32494 VOID OUT CHECK 25.00-
32773 VOID OUT CHECK 120.00-
36254 VOID OUT CHECK 35.00-
36467 VOID OUT CHECK 64.59-
36602 VOID OUT CHECK 25.00-
36608 VOID OUT CHECK 200.00-
36609 VOID OUT CHECK 409.35-
36834 VOID OUT CHECK 2760.48-
36891 VOID OUT CHECK 690.85-
36896 VOID OUT CHECK 115.25-
1773600
$1335950.72
DECEMBER 19, 1995 11 .
EDEN PRAIRIE CITY COUNCIL MEETING- DATE: 12-19-95
SECTION: Ordinances and Resolutions
ITEM NO. VILA.
DEPARTMENT: ITEM DESCRIPTION:
Administration-C.Jullie
Resolution adopting the 1996 Tax Levy and 1996 Budget
Requested Action:
Staff recommends that the City Council:
1) Approve a resolution adopting the 1996 tax levy and the 1996 proposed budget for general
fund operations, equipment revolving fund expenses, and debt service obligations.
Attached Documents:
1) Resolution
2) Notice of Adjustment to Required Debt Levies
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION CERTIFYING THE 1995 TAX LEVY, COLLECTIBLE IN 1996,
AND ADOPTING THE 1996 GENERAL FUND BUDGET
WHEREAS,the City Council has reviewed the budget recommended by the City Manager,listened
to public comment, and discussed the proposals and tax levy for the 1996 General Fund Budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden
Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the
taxable property in said City the following purposes:
Taxes to be levied against tax capacity
General Fund $12,929,612
Equipment Revolving Fund 480,000
Bonds and Interest
1986 Fire Bonds 226,500
Equipment Certificates 913,000
1977 Fire Bonds 86,100
1989 Recreation Facility Refunding Bond 356,500
Special Assessment Bonds -- City Share 500,000
1989 Public Facility Refunding Bonds 260.000
$15,751,712
Less HACA 588.226
Net tax capacity levy
for certification $15.163,486
Less Fiscal Disparities distribution 675.876
Net tax collectible in 1996 $14,487,610
Taxes to be levied against market value
1992 & 1993 Park Bonds $ 290,700
1994 Open Space Bonds 144,600
Market value tax levy
for certification $ 435,300
Total net tax collectible in 1996 $14,922,910
Funds have been provided for principal and interest payments on all bond issues except as shown
above, and no other levies are required(as shown in Exhibit 1).
Resolution Certifying 1995 Tax Levy, Collectible in 1996, and Adopting the 1996 General
Fund Budget
BE IT FURTHER RESOLVED that the City Council declare its compliance with the "Truth-in-
Taxation" requirements, having published a notice of Proposed Property Tax and Budget Hearing
in the Eden Prairie News on November 30, 1995 and conducting the hearing on December 6, 1995.
BE IT YET FURTHER RESOLVED that,with the conclusion of the Proposed Property Tax and
Budget Hearing process,the City Council approves the 1996 Budget for the General Fund and Debt
Service Obligations totalling$22,572,980.
Adopted by the City Council December 19, 1995
Jean L. Harris, Mayor
Attest:
John D. Frane, City Clerk
V-I1 c - 3
CITY OF EDEN PRAIRIE
NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES
LEVIED YEAR 1995, COLLECTED YEAR 1996
Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of
other repayment sources.
Date of Amount Required Levy Actual Levy*
Issue of Issue 1995/1996 1995/1996
OUTSTANDING BONDS WITH REQUIRED LEVY
G.O. Water& Sewer Refund Bonds 03/01/78 $6,150,000 $846,000 $0
G.O. Public Bldg Refunding Bonds 1989A 04/01/89 $2,060,000 $281,000 $260,000
G.O. Rec Fac Ref Bonds 1989B 04/01/89 $2,770,000 $340,000 $356,500
G.O. Park Bonds 1992A 07/01/92 $1,100,000 $107,000 $100,000
G.O. Equip Certificates 1991A 09/01/91 $1,900,000 $609,000 $570,000
G.O. Improvement 1991E 09/01/91 $6,050,000 $830,000 $0
G.O. Bonds- Fire Equip 09/20/77 $998,000 $91,000 $86,100
G.O. Bonds-Water& Sewer 09/20/77 $1,400,000 $128,000 $0
G.O. Water and Sewer 10/01/76 $1,640,000 $36,000 $0
G.O. Improvement Refunding 1991D 10/01/91 $7,235,000 $931,000 $500,000
G.O. Building Series 1986 12/01/86 $2,300,000 $240,000 $226,500
G.O. Park Bonds 1993A 05/01/93 $3,400,000 $205,000 $190,700
G.O. Park Bonds 1994A 08/01/94 $1,950,000 $164,000 $144,600
G.O. Equip Certificates 1994 08/01/94 $1,200,000 $370,000 $343,000
OUTSTANDING BONDS WITH NO REQUIRED LEVY
G.O. Improvement Refunding Bonds 03/01/78 $5,090,000
G.O. Improvement Bonds 1988A 12/01/88 $9,800,000
G.O. Water and Sewer 1991C 09/01/91 $9,500,000
G.O. State Aid Rd Refunding 1991E 10/01/91 $420,000
G.O. Water and Sewer Rev Ref 1991F 10/01/91 $3,125,000
H.R.A. Lease Revenue Bonds 1992A 08/01/92 $2,640,000
G.O. Improvement Bonds 12/01/78 $500,000
G.O. State Aid Rd Bonds 1992E 07/01/92 $1,940,000
G.O. State Aid Rd Imprvmt Bonds 12/01/82 $2,300,000
G.O. Water and Sewer Refunding Bonds 1993C 05/01/93 $6,735,000
G.O. Improvement Bonds 1993B 05/01/93 $2,695,000
H.R.A. Lease Revenue Bonds 1993A 05/01/93 $1,415,000
H.R.A. Lease Revenue Bonds 1992E 12/01/92 $9,760,000
H.R.A. Taxable Lease Revenue Bonds 1992C 12/01/92 $2,355,000
GRAND TOTAL $5,178,000 $2,777,400
*subject to reduction by HACA and Fiscal Disparities, except 1992, 1993 & 1994 Park Bonds
A _ y
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions December 19, 1995
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Human Resources,
Community Resolutions on Alcohol and Controlled VII. B.
Information & Services Substances Testing Policy
Requested Action:
It is recommended that the City Council adopt the following Resolutions dealing with Substance
Abuse and Drug and Alcohol Testing.
• Resolution No. 95 - : Drug and Alcohol Testing Policy
• Resolution No. 95 - : Commercial Vehicle Operator Alcohol and Controlled
Substances Testing Policy
Background:
The city developed the policies noted above to establish standards concerning employee use of
drugs and alcohol as well as testing procedures to ensure that those standards are met. The
drug and alcohol testing policy of the City of Eden Prairie will conform to Federal and State
requirements as set forth in the laws listed below:
Federal Drug Free Workplace Act of 1988: Requires all employers receiving Federal funds in
excess of $25,000 to certify that they will maintain a drug free workplace. The employer must
establish a drug free awareness program to inform employees about the dangers of drug
abuse, potential disciplinary actions for violations of the policy and available drug counseling
and rehabilitation programs.
Minnesota State Statutes Section 181.950 - 181.957: Provides specific parameters under
which employers may require employees, as a condition of employment to submit to a drug
and alcohol test including provisions for reasonable suspicion.
The Federal Omnibus Transportation Employee Testing Act of 1991: Requires drug and
alcohol testing of employees driving motor vehicles in safety-sensitive functions beginning
January 1, 1996. Local governments must test any employee who is required to have a
commercial driver's license. This includes all equipment operators in our maintenance areas.
In preparation for implementation of the Substance Abuse and Drug Testing Policies, staff
conferred with members of the Police Department and the International Union of Operating
Engineers Local 49, to draft the policy. The City Attorney's office provided the necessary legal
review and prepared the final draft for City Council approval. Funds are included in the 1996
Human Resources Budget to cover the drug and alcohol testing. ($3,000)
Form c\hr\council\a-drugal.wpd
Rev 12/ 14/95
RESOLUTION NO.
CITY OF EDEN PRAIRIE
DRUG and ALCOHOL
TESTING POLICY
RESOLUTION NO.
City of Eden Prairie
Drug and Alcohol Testing Policy
STANDARD
Purpose: Employees are expected and required to report to work on time and in
appropriate mental and physical condition.
The City of Eden Prairie has conferred with the International Union of Operating
Engineers representatives and the Eden Prairie Police Department in formulating a policy
concerning drugs and alcohol affecting the workplace. This policy establishes standards
concerning drugs and alcohol which all city employee's must meet,and it also establishes
a testing procedure to ensure that those standards are met.
The drug and alcohol testing policy of the City of Eden Prairie will conform to the
requirements of state law as set forth in Minnesota State Statutes Section 181.950 -
181.957 and the Federal Drug Free Workplace Act of 1988.
An employee's actions may constitute both a violation of this policy and a violation of
criminal laws or other laws and policies. This policy,however, is not designed to identify
all activities which might violate such other laws and policies or the procedures to be
employed in the event that such other laws and policies are violated.
II. DEFINITIONS
A. Alcohol means ETHYL alcohol.
B. Drug means a controlled substance as defined in Minnesota State Statutes Section
152.01, subdivision 4.
C. Confirmatory test and Confirmatory retest mean a drug or alcohol test that uses a
method of analysis allowed under one of the programs listed in Minnesota State
Statutes Section 181.953, subdivision 1.
D. Drug and alcohol testing. drug or alcohol testing,and drug or alcohol test mean
analysis of body component samples according to the standards established under
one of the programs listed in Minnesota State Statutes Section 181.953,
subdivision 1, for the purpose of measuring the presence or absence of drugs,
alcohol or their metabolites in the sample tested.
E. Drug paraphernalia has the meaning set forth in Minnesota Statutes Section
152.01, Subd. 18.
Rev lilll/9 awa le 1
F. Employee means a person, independent contractor or person working for an
independent contractor who performs services for compensation, in whatever
form, for the City of Eden Prairie. Employee shall also mean a volunteer
firefighter who provides services to the City of Eden Prairie.
G. Employer means the City of Eden Prairie acting through its city manager or a
designee of the city manager.
H. Initial Screening Test means a drug or alcohol test which uses a method of
analysis under one of the programs listed in Minnesota State Statutes Section
181.953, subdivision 1.
I. Job Applicant means a person, independent contractor, or person working for an
independent contractor who applies to become an employee of the City of Eden
Prairie, and includes a person who has received a job offer made contingent on the
person passing drug or alcohol testing.
J. Positive Test Results means a finding of the presence of drugs, alcohol, or their
metabolites in the sample tested in levels at or above the threshold detection levels
contained in the standards of one of the programs listed in Minnesota State
Statutes Section 181.953, subdivision 1.
K. Reasonable suspicion means a basis for forming a belief based on specific facts
and rational inferences drawn from those facts.
L. Safety sensitive position means a job, including any supervisory or management
position, in which an impairment caused by drug or alcohol usage would threaten
the health or safety of any person.
M. Special Duty Assignment means any police personnel assigned to the Special
Investigations Unit(SIU).
N. Under the influence means impairment do to drugs or alcohol or having the
presence of a drug or alcohol at or above the level of a positive test result.
III. PROCEDURES
A. Under the influence: No employee shall be under the influence of any drug or
alcohol while the employee is working or while the employee is on the employer's
premises or operating the employer's vehicle,machinery, or equipment,except to
the extent authorized by a valid medical prescription and to the extent the
employee's ability to safely perform the employee's duties is not adversely
affected.
Pam c.hlyaW4ist~A.541 2
R. 12/12/9S
B. Use.Possession. Manufacture. Distribution. Dispensation. Sale or Transfer: No
employee shall use,possess,manufacture,distribute, dispense, sell or transfer
drugs, alcohol or drug paraphernalia,while the employee is working or while the
employee is on the employer's premises or operating the employer's vehicle,
machinery or equipment, except pursuant to a valid medical prescription and to
the extent that the employee's ability to safely perform the employee's duties is not
adversely affected. This paragraph does not apply to an employee who is engaged
in a law enforcement activity which has received prior approval of the Chief of
Police (or designee) and which requires the employee to possess, manufacture,
distribute, dispense, sell or transfer drugs,alcohol,drug paraphernalia or consume
alcohol. In addition,this does not apply to Police Personnel transporting or
storing contraband or evidence within the normal scope and course of their
employment. Liquor store employees are permitted to sell alcoholic beverages at
work.
C. Notification of convictions: An employee shall notify the employer in writing of
any criminal drug statute conviction for a violation occurring in the work place no
later than five(5)days after such conviction. The City of Eden Prairie shall notify
the appropriate federal agency of such conviction within ten(10)days of receiving
notice of the conviction. Employees who drive for work purposes must notify the
employer if they lose there Drivers License.
D. Employee Assistance Program: The City provides an employee assistance
program to aid and assist City employees who are in need of or have been referred
for drug and alcohol counseling and rehabilitation. Employees are encouraged to
utilize the services of the employee assistance program.
E. Testing Permitted: No person will be tested for drugs or alcohol under this policy
without the person's consent. The employer may request or require a job applicant
or employee to undergo drug or alcohol testing only under the circumstances
described in this policy:
1. Job Applicants: Job applicants for safety-sensitive positions may be
requested or required to undergo drug or alcohol testing provided a
conditional job offer has been made to the job applicant and the same test
is requested or required of all job applicants conditionally offered
employment for that position. If the job offer is withdrawn, as provided
in Minnesota State Statutes Section 181.953, subdivision 11,the City of
Eden Prairie shall inform the job applicant of the reason for its action.
F�« 3
R..12/12/95
2. Reasonable Suspicion Testing: The employer may request or require an
employee to undergo drug and alcohol testing if there is a reasonable
suspicion that the employee:
a. Is under the influence of drugs or alcohol while the employee is
working or while the employee is on the employer's premises or
operating the employer's vehicle,machinery or equipment; or
b. Used,possessed, sold or transferred drugs or alcohol while the
employee was working or while the employee was on the
employer's premises or operating the employer's vehicle,
machinery or equipment. This paragraph does not apply to an
employee who is engaged in a law enforcement activity which has
recieved prior approval fo the Chief of Police(or designee) and
which requires the employee to posses, manufacture, distribute,
dispense, sell or transfer drugs,alsohol, or consume alcohol. In
addition,this does not apply to police personnel transporting or
storing contraband or evidence within the normal scope and course
of their employment. Nor does this paragraph apply to liquor store
employees selling alcoholic beverages in the normal course and
scope of their duties; or
c. Has sustained a personal injury as that term is defined in
Minnesota State Statutes Section 176.011, subdivision 16, or has
caused another employee to die or sustain a personal injury; or
d. Has caused a work related accident or was operating or helping to
operate machinery, equipment, or vehicles involved in a work
related accident resulting in property damage.
3. Special Duty Assignments: Members of the Police Department Special
Investigations Unit, as a condition of their assignment to the unit, are
subject to drug and alcohol testing. Members are subject to random
testing while on duty(not to exceed twice per calendar year)for the
purpose of testing their judgement,fitness and readiness for duty.
4. Other testing: The employer may permit an employee who has requested a
drug and alcohol test to undergo testing in accordance with the procedures
established by this policy. It is highly recommended that the employee
request a test following the discharge of a firearm for reasons other than:
1. on a target range; or
2. while conducting authorized ballistics tests; or
3. as authorized by the City of Eden Prairie Police Department
concerning dangerous or suffering animals.
orret�:,=,,,,;°I- 4
.�
F. Refusal To Undergo Testing:
1. Job Applicants: If a job applicant refuses to undergo drug or alcohol
testing requested or required by the employer,no such test shall be given,
and the job applicant shall be deemed to have withdrawn the application
for employment.
2. Employees: If an employee refuses to undergo drug or alcohol testing
requested or required by the employer,no such test shall be given, and the
employee's department head may recommend to the city manager that the
employee be discharged from employment.
G. Procedure for Testing:
1. Notification Form: Before requesting an employee or job applicant to
undergo drug or alcohol testing,the employer shall provide the individual
with a form on which to:
a. Acknowledge that the individual has seen a copy of the employer's
drug and alcohol testing policy, and
b. Indicate any over-the-counter or prescription medications that the
individual is currently taking or has recently taken and any other
information relevant to the reliability of,or the explanation for, a
positive test result, and
c. Indicate consent to undergo the drug and alcohol testing.
2. Test Sample: The test sample shall be obtained in a private setting, and
the procedures for taking the sample shall ensure privacy to the employees
and job applicant to the extent practicable, consistent with preventing
tampering with the sample, and may include a witness, and shall conform
with applicable rules of the commissioner. No test sample shall be taken
on the employer's premises and the test sample shall not be taken by City
of Eden Prairie employees. Employees will be driven to collecting point.
3. Identification of Samples: Each sample shall be sealed into a suitable
container free of any contamination that could affect test results. The
sample shall be identified for processing by the licensed testing laboratory.
4. Chain of custody: The City shall use a collection facility and a testing
laboratory which have established reliable chain-of-custody procedures to
ensure proper recordkeeping,handling,labeling,and identification of the
samples to be tested. The procedures must require the following:
Fa=c:\.Wyi.h.ki mahk*1G 5
Ray 12/13/93
a. possession of a sample must be traceable to the employee from
whom the sample is collected, from the time the sample is
collected through the time the sample is delivered to the laboratory;
b. the sample must always be in the possession of,must always be in
view of, or must be placed in a secured area by a person authorized
to handle the sample;
c. a sample must be accompanied by a written chain-of-custody
record; and
d. individuals relinquishing or accepting possession of the sample
must record the time the possession of the sample was transferred
and must sign and date the chain-of-custody record at the time of
transfer.
5. Laboratory: The City shall use the services of a testing laboratory that
meets the criteria for drug and alcohol testing listed in Minnesota State
Statutes Section 181.953 Subd. 1.
6. Methods of Analysis: The testing laboratory shall use methods of analysis
and procedures to ensure reliable drug and alcohol testing results,
including standards for initial screening tests and confirmatory tests.
7. Retention and Storage: A laboratory shall retain and properly store for at
least six(6)months all samples that produced a positive result.
8. Test Report: A testing laboratory shall conduct a confirmatory test on all
samples that produced a positive test result on an initial screening test. A
laboratory shall disclose to the employer a written test result report for
each sample tested within three working days after a negative test result on
an initial screening test or,when the initial screening test produced a
positive test result, within three working days after a confirmatory test. A
test report must indicate the drugs,alcohol, or drug or alcohol metabolites
tested for and whether the test produced negative or positive test results.
9. Notice of Test Results: Within three(3)working days after the receipt of
the test results report from the testing laboratory,the employer shall
inform the employee or job applicant,who has undergone drug and
alcohol testing, in writing of a negative test result on an initial screening
test or of a negative or positive test result on a confirmatory test. The
employer shall also inform the employee or job applicant of the following
rights pursuant to Minnesota State Statutes Section 181.953, Subd. 8:
a. The right to request and receive from the employer a copy of the
test result report.
Pane e ..d....1.Wd 6
Ray 11/11/91
b. The right to request within five(5)working days after notice of a
positive test result a confirmatory retest of the original sample at
the employee's or job applicant's own expense. If a confirmatory
test is conducted in accordance with the rules adopted by the
commissioner and a licensed laboratory, and the confirmatory
retest does not result in a positive test result,the department shall
reimburse the employee or job applicant the actual cost of the
confirmatory retest in an amount not to exceed$100.
c. The right to submit information to the employer within three (3)
working days after a notice of a positive test result to explain that
result.
d. The right of an employee for whom a positive test result on a
confirmatory test was the first such result on a drug or alcohol test
requested by the employer to not be discharged unless the
employer has first given the employee an opportunity to participate
in either a drug or alcohol counseling or rehabilitation program.
Participation in a counseling or rehabilitation program pursuant
IV.(2)(a)will be at the employee's own expense or pursuant to
coverage under an employee benefit plan. The employer may
determine which type of program is more appropriate for the
employee after consultation with a certified chemical abuse
counselor or a physician trained in the diagnosis and treatment of
chemical dependency. The employee may be discharged if they
either refuse to participate in the counseling or rehabilitation
program, or fail to successfully complete the program. Withdrawal
from the program before its completion or a positive test result on
a confirmatory test after completion of the program will be
considered evidence that the employee has failed to successfully
complete the program.
e. If the employee has been suspended,the right to be reinstated with
back pay if the outcome of the confirmatory or requested
confirmatory retest is negative.
f. The right not to be discharged, disciplined, discriminated against,
or required to be rehabilitated on the basis of medical history
information revealed to the employer concerning the reliability of,
or explanation for, a positive test result unless the employee or job
applicant is under an affirmative duty to provide information
before, upon, or after hire.
w1errypdecoWneM'I3/il/9ptak 7
g. An employee must be given access to information in the
employee's personnel file relating to positive test result reports and
other information acquired in the drug and alcohol testing process
and conclusions drawn from and actions taken based on the reports
or other acquired information.
h. The right of an employee or job applicant,who has received a
conditional offer of employment made contingent on the applicant
passing drug and alcohol testing,to not have the offer withdrawn
based on a positive test result from an initial screening test that has
not been verified by a confirmatory test.
IV. RESPONSIBILITIES AFTER TEST
A. Job Applicants: The employer may not withdraw a conditional offer of
employment made contingent on the job applicant passing drug and alcohol
testing based on a positive test result from an initial screening test that has not
been verified by a confirmatory test. Where there has been a positive test result in
a confirmatory test and in any confirmatory retest,the employer may withdraw
the conditional offer of employment.
B. Employees: The employer will not discharge, discipline, discriminate against,
request or require rehabilitation of an employee solely on the basis of a positive
test result from an initial screening test that has not been verified by a
confirmatory test. Where there has been a positive test result in a confirmatory
test and in any confirmatory retest,the employer may do the following:
1. First Positive Test Result: Give the employee an opportunity to participate
in either a drug or alcohol counseling or rehabilitation program,whichever
is more appropriate. The employer,through its employee assistance
program may determine which program is more appropriate after
consultation with a certified chemical abuse counselor or a physician
trained in the diagnosis and treatment of chemical dependency.
Participation in a counseling or rehabilitation program will be at the
employee's own expense or pursuant to coverage under an employee
benefit plan. If the employee either refuses to participate in the counseling
or rehabilitation program or fails to successfully complete the program, as
evidenced by withdrawal from the program before its completion or has a
positive test result on a confirmatory test after completion of the program,
the employee's department head may recommend to the city manager that
the employee be disciplined; including but not limited to discharge from
employment.
Pone c`.feypdkis dnapta.wpd 8
Rev 17/12/9S
2. Second Positive Test Result: If the employee has a second positive test
result on a confirmatory test the employee's department head may
recommend to the city manager that the employee be disciplined;
including,but not limited to discharge from employment.
C. Suspensions and Transfers: The employer may temporarily suspend the tested
employee or transfer that employee to another position at the same rate of pay
pending the outcome of the comfirmatory test and, if requested, the confirmatory
retest,provided the employer believes that it is reasonably necessary to protect the
health or safety of the employee, co-employees,or the public. An employee who
has been suspended without pay must be reinstated with back pay if the outcome
of the confirmatory test or requested confirmatory retest is negative.
D. Other Misconduct: Notwithstanding any other provision herein, an employee may
be disciplined or discharged from employment for conduct which is a violation of
city personnel rules,policies and procedures even though the conduct also
included a violation of this policy.
E. Disclosure: The employer will not disclose the test result reports and other
information acquired in the drug or alcohol testing process to another employer, a
third party individual, a government agency, or a private organization without the
written consent of the employee or job applicant tested, unless permitted by law or
court order.Notwithstanding the preceding,Evidence of a positive test result on a
confirmatory test may be: (1) used in an arbitration proceeding pursuant to a
collective bargaining agreement, an administrative hearing under Minnesota
Statutes chapter 43A or other applicable state or local law, or a judicial
proceeding,provided that information is relevant to the hearing or proceeding; (2)
disclosed to any federal agency or other unit of the United States government as
required under federal law, regulation, or order, or in accordance with compliance
requirements of a federal government contract; and(3) disclosed to a substance
abuse treatment facility for the purpose of evaluation or treatment of the
employee.
F. Written Explanation: An employee or job applicant has the right to offer the
employer a written explanation of a positive test result on a confirmatory retest
within three(3)working days after notice of the positive test result, and has a
right to request within five (5)working days after notice of a positive test result a
confirmatory retest of the original sample at another licensed testing laboratory at
the employee's or job applicant's own expense.
G. Copy of Test Result: An employee or job applicant has the right to request and
receive from the employer a copy of the test result report.
Forte eedatpul c.Athe/Ycwpd 9
Rnn 12/13/95
H. Discipline: Concerning disciplinary actions taken pursuant to this drug and
alcohol testing policy, available appeal procedures are as follows:
1. Job applicants or temporary employees as defined in the City of Eden
Prairie personnel policy shall have no right of appeal.
2. Non-veterans who have not completed the probationary period have no
right of appeal.
3. A regular employee, who has completed the probationary period and who
is not a veteran, has a right to appeal to the city manager no later than
fifteen(15)calendar days after the action, or the employee may utilize the
City's grievance procedure or the Grievance Procedure outlined in the
applicable collective bargaining agreement.
4. An employee who is a veteran may have additional rights under the
Veterans Preference Act, Minnesota State Statutes Section 197.46.
5. All notices of appeal not covered under a collective bargaining agreement
must be submitted in writing to the city manager.
6. An employee who is covered by a collective bargaining agreement may
elect to seek relief under the terms of that agreement by contacting the
appropriate union and initiating grievance procedures in lieu of taking an
appeal to the city manager.
Drug Free Workplace: The City of Eden Prairie will make a continuing good faith
effort to maintain a drug free workplace through the implementation of its'drug
and alcohol testing policy.
ADOPTED by the Eden Prairie City Council on the 19th day of December, 1995.
Jean L.Harris,Mayor
ATTEST:
John D. Frane, City Clerk
ram 9..9.939*WM'/99.1*-1.991c999 10
Rev 12/12/93
RESOLUTION NO.
CITY OF EDEN PRAIRIE
COMMERCIAL VEHICLE OPERATOR
ALCOHOL and CONTROLLED SUBSTANCES
TESTING POLICY
RESOLUTION NO.
CITY OF EDEN PRAIRIE COMMERCIAL VEHICLE OPERATOR
ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY
PART I - GENERAL
Section A. PURPOSE 1
Section B. SCOPE 1
Section C. RELATION TO OTHER LAWS, REGULATIONS
AND TESTING POLICIES 1
Section D. NOTICE OF TESTING AUTHORITY 2
Section E. DEFINITIONS 2
PART II -- PROHIBITED CONDUCT
Section A. ALCOHOL 8
Subd. 1. Alcohol Concentration 8
Subd. 2. On-Duty Use 8
Subd. 3. Pre-Duty Use 8
Subd. 4. Post-Accident Use 8
Subd. 5. Physical Possession 8
Section B. CONTROLLED SUBSTANCES 9
Subd. 1. Use Prohibited 9
Subd. 2. Medical Exceptions 9
Subd. 3. Disclosure Required 9
Subd. 4. Testing Results 9
Section C. REFUSAL TO SUBMIT TO TESTING 9
Subd. 1. Prohibition 9
Subd. 2. Action by City 9
i
Section D. RESTRICTION OF FUNCTIONS UPON
KNOWLEDGE BY CITY 10
Subd. 1. Alcohol Possession 10
Subd. 2. Other 10
Section E. CONSEQUENCES 10
PART III — TESTS REQUIRED
Section A. PRE-EMPLOYMENT TESTING 10
Subd. 1. Scope 10
Subd. 2. Offer Contingency 11
Subd. 3. Necessity of Test 11
Subd. 4. Refusal 11
Section B. POST-ACCIDENT TESTING 11
Subd. 1. Drivers Subject to Testing 11
Subd. 2. Timing Requirements 12
Subd. 3. Driver's Obligation of Availability 12
Subd. 4. Post-Accident Information and Procedures 12
Subd. 5. Independent Testing Authority 13
Section C. RANDOM TESTING 13
Subd. 1. Minimum Annual Percentage Rate 13
Subd. 2. Driver Selection 13
Subd. 3. Number of Drivers Subject to Testing 13
Subd. 4. Unannounced Testing 14
Subd. 5. Testing to Proceed Immediately 14
Subd. 6. Timing of Tests 14
Subd. 7. Drivers Subject to Multiple Agency
Testing 14
Subd. 8. Multiple Agency Testing Rules for
the City 15
Section D. REASONABLE SUSPICION TESTING 15
Subd. 1. Determination and Application 15
Subd. 2. Qualified Personnel 15
Subd. 3. Scope of Reasonable Suspicion Testing 16
ii
Subd. 4. Timing of Test 16
Subd. 5. Temporary Suspension of Duties 16
Subd. 6. Behavior and Appearance as Insufficient
Basis 17
Subd. 7. Alternative Testing Authority 17
Subd. 8. Written Record of Observations 17
Section E. RETURN-TO-DUTY TESTING 17
Subd. 1. Alcohol Testing 17
Subd. 2. Controlled Substances Testing 18
Section F. FOLLOW-UP TESTING 18
Subd. 1. Unannounced Additional Testing 18
Subd. 2. Testing Period 18
PART IV — SPECIMEN COLLECTION PROCEDURES
Section A. TESTING PROCESS 18
Section B. CONFIRMATORY RETEST 18
Section C. ALCOHOL TESTING 19
Subd. 1. Trained Technician 19
Subd. 2. Procedure 19
PART V — HANDLING OF TEST RESULTS
Section A. CONFIDENTIALITY 19
Section B. RETENTION OF RECORDS 20
Section C. ACCESS TO RECORDS 20
Subd. 1. Limitations 20
Subd. 2. Request by Driver 20
Section D. REPORTING RESULTS 20
iii
PART VI -- CONSEQUENCES FOR ENGAGING IN PROHIBITED CONDUCT
Section A. REMOVAL FROM SAFETY-SENSITIVE FUNCTION . 21
Subd. 1. Restriction on Drivers 21
Subd. 2. Duty of the City 21
Subd. 3. Refusal to Submit 21
Subd. 4. Other Alcohol Related Conduct 21
Subd. 5. Consequences From Independent Authority 21
Section B. DISCIPLINE AND DISCHARGE 22
Subd. 1. Pre-Promotion/Pre-Employment Tests 22
Subd. 2. Other Tests 22
(a) First Positive Test Result 22
(b) Second Positive Test Result 23
(c) Suspensions and Transfers • 23
(d) Other Misconduct 23
SECTION C. PENALTIES 23
PART VII — INFORMATION. TRAINING AND REFERRAL
Section A. CITY'S OBLIGATION TO PROVIDE INFORMATION 24
Subd. 1. General Requirements 24
Subd. 2. Content 24
Subd. 3. Other Materials 25
Subd. 4. Certificate of Receipt 26
Section B. TRAINING FOR SUPERVISORS 26
Section C. REFERRAL, EVALUATION AND TREATMENT 26
Subd. 1. Resource Advisory 26
Subd. 2. Evaluation by a Substance Abuse
Professional 26
Subd. 3. Return-to-Duty Testing 26
Subd. 4. Return-to-Duty Assistance 27
Subd. 5. Evaluation and Rehabilitation 27
Subd. 6. Conflict of Interest of Substance Abuse
Professional 27
iv
Subd. 7. Job Applicants Excluded 28
PART VIII — MISCELLANEOUS PROVISIONS
Section A. AVAILABLE REVIEW PROCEDURES 28
Subd. 1. Eligible Employee 28
Subd. 2. Procedure 28
Section B. GOOD FAITH 29
Section C. CONTACT 29
V
CITY OF EDEN PRAIRIE COMMERCIAL VEHICLE OPERATOR
ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY
PART I -- GENERAL
Sec. A. PURPOSE
The City of Eden Prairie implements this Policy to establish programs designed
to prevent accidents and injuries resulting from the misuse of alcohol or use of
controlled substances by drivers of commercial motor vehicles. This policy is in
addition to and separate from the City of Eden Prairie Drug and Alcohol Testing
Policy, which implements the requirements of State law and the Federal Drug
Free Workplace Act of 1988.
Sec. B. SCOPE
The provisions of this Policy shall extend to all employees of the City of Eden
Prairie who operate or maintain a commercial motor vehicle within the scope of
duties performed for the City of Eden Prairie. This may include, but is not
limited to all full-time, part-time, or leased drivers as well as any independent
owner/operator contractors employed by, leased to, or under the direction or
consent of the City. Job applicants to the City for employment to drive a
commercial motor vehide are also subject to limited testing under this Policy.
Sec. C. RELATION TO OTHER LAWS, REGULATIONS AND TESTING
POLICIES
This Policy is subject to all Federal and State regulations governing testing of
drivers of commercial motor vehicles and at all times shall be construed to be in
compliance with Federal and State laws, rules, regulations and orders. Where not
inconsistent with such, this Policy shall be given full force and effect to the fullest
extent possible by law.
Except as expressly provided in this Policy, nothing in the Policy shall be
construed to affect the authority of the City, or the rights of drivers, with respect
to the use or possession of alcohol, or the use of controlled substances, induding
the authority and rights with respect to testing and rehabilitation. Where this
Policy does not expressly apply, nothing shall prevent the City from taking any
action allowed under the City of Eden Prairie Drug and Alcohol Testing Policy.
This Policy shall not be construed to alter the applicability of provisions of State
criminal law.
1
Sec. D. NOTICE OF TESTING AUTHORITY
Before performing an alcohol or controlled substances test under this Policy, the
City shall notify a driver that the alcohol or controlled substances test is required
by this Policy. The City shall not falsely represent that a test is administered
under this Policy.
Sec. E. DEFINITIONS
Accident
1. Except as provided in paragraph 2 of this definition, an occurrence
involving a commercial motor vehicle operating on a public road which
results in:
(a) A fatality;
(b) Bodily injury to a person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident;
(c) One or more motor vehicles incurring disabling damage as a result of
the accident, requiring the vehicle to be transported away form the
scene by a tow truck or other vehicle.
2. The term accident does not include:
(a) An occurrence involving only boarding and alighting from a
stationary motor vehicle; or
(b) An occurrence involving only the loading or unloading of cargo; or
(c) An occurrence in the course of the operation of a passenger car or'a
multipurpose passenger vehicle, as defined in 49 C.F.R. § 571.3, by
a motor carrier and is not transporting passengers for hire or
hazardous materials of a type and quantity that require the motor
vehicle to be marked or placarded in accordance with 49 C.F.R. §
177.823.
Alcohol
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols including methyl and isopropyl alcohol.
Alcohol Concentration (or content)
The alcohol in a volume of breath expressed in terms of grams of alcohol
per 210 liters of breath as indicated by an evidential breath test under this
policy and federal regulations.
2
Alcohol Use
The consumption of any beverage, mixture, or preparation, induding any
medication, containing alcohol.
B.A.T (Breath Alcohol Technician)
An individual who instructs and assists individuals in the alcohol testing
process and operates an EBT.
Chain of Custody
Procedures to account for the integrity of each urine specimen by tracking
its handling and storage from point of specimen collection to final
disposition of the specimen. With respect to drug testing, these
procedures shall require that an appropriate drug testing custody form be
used from time of collection to receipt by the laboratory and that upon
receipt by the laboratory an appropriate laboratory chain of custody
form(s) account(s) for the sample or sample aliquots within the laboratory.
City or City of Eden Prairie
The City of Eden Prairie, Minnesota, acting through its City Manager or a
designee of the City Manager.
City of Eden Prairie Drug and Alcohol Testing Policy
A separate Drug and Alcohol policy that is adopted by Resolution and that
is part of the City of Eden Prairie Personnel Rules.
Commerce
1. Any trade, traffic or transportation within the jurisdiction of the
United States between a place within a state and a place outside of
such state, including a place outside of the United States, and
2. Any trade, traffic and transportation in the United States which
affects any trade, traffic, and transportation described in paragraph
1 of this definition.
Commercial Motor Vehicle
A motor vehicle or combination of motor vehides used in commerce to
transport passengers or property if the motor vehide--
3
1. Has a gross combination rating of 26,001 or more pounds inclusive of
a towed unit with a gross vehicle weight rating of more than 10,000
pounds; or
2. Has a gross vehicle weight rating of 26,001 or more pounds; or
3. Is designed to transport 16 or more passengers, including the driver; or
4. Is of any size and is used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials Transportation
Act and which require the motor vehicle to be placarded under the
hazardous materials regulations set forth under 49 C.F.R. 172, Subp.
F;
5. A commercial motor vehicle does not include a fire truck or other
emergency response equipment operated by the Eden Prairie Volunteer
Firefighters Department.
Confirmation Test
For alcohol testing it means a second test, following a screening test with a
result of .02 or greater, that provides quantitative data of alcohol
concentration. For controlled substances testing it means a second analytical
procedure to identify the presence of a specific drug or metabolite which is
independent of the screen test and which uses a different technique in
chemical principal from that of the screen test in order to insure reliability
and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only
authorized confirmation method for cocaine, marijuana, opiates,
amphetamines, and phencyclidine.)
Confirmatory Retest
For controlled substances it means a third analytical procedure to reconfirm
the presence of a specific drug or metabolite. If the test result of the primary
specimen is positive the driver may request that the MRO direct the split
specimen be tested in any different DHHS—certified laboratory for presence
of the drug(s).
Consortium
An entity, induding a group or association of employers or contractors, that
provides alcohol or controlled substance testing pursuant to federal
regulations, or other U.S. Department of Transportation alcohol or controlled
substances testing rules, and that acts on behalf of the City.
4
Controlled Substance
A drug or other substance, or immediate precursor, included in Schedules I
through V of 21 U.S.C. § 812 as may be revised from time to time.
Department of Health and Human Services (DHHS)
The Department of Health and Human Services or any designee of the
Secretary, or Department of Health and Human Services.
DOT Agency
An agency (operating administration) of the United States Department of
Transportation administering regulations requiring alcohol and/or drug
testing in accordance with 49 C.F.R. part 40.
Driver
•
Any person who operates or maintains a commercial motor vehicle. This
includes, but is not limited to: full—time, regularly employed drivers;
part—time and temporary drivers; leased drivers and independent
owner/operator contractors who are either directly employed by or under
lease to the City or who operate a commercial motor vehicle at the direction
of or with the consent of the City. For the purposes of
pre—employment/pre—duty testing only, the term driver includes a person
applying to the City for employment to drive a commercial motor vehicle.
Evidential Breath Testing Device (EBT)
An EBT approved by the National Highway Traffic Safety Administration
(NHTSA) for the evidential testing of breath and placed on NHTSA's
"Conforming Products list of Evidential Breath Measurement Devices."
FHWA
The Federal Highway Administration.
Immediately Available
The driver is on call, ready to be dispatched, or in a similar state of readiness
to perform safety-sensitive functions.
5
Medical Review Officer (MRO)
A licensed physician (medical doctor or doctor of osteopathy) responsible for
receiving laboratory results generated by an employer's drug testing program
who has knowledge of substance abuse disorders and has appropriate medical
training to interpret and evaluate a driver's confirmed positive test result
together with driver's medical history and any other relevant biomedical
information.
Performing (A safety sensitive-function) •
A driver is considered to be performing a safety-sensitive function during any
period in which the driver is actually performing, ready to perform, or
immediately available to perform any safety-sensitive functions.
Reasonable Suspicion
Means that the City believes the appearance, behavior, speech or body odors
of a driver are indicative of the use of a controlled substance or alcohol based
on the observation of at least one supervisor or official who has received
training in the identification of behaviors indicative of drug and alcohol use.
Refuse to Submit (to an alcohol or a controlled substances test)
A driver refuses to submit when the driver:
1. fails to provide adequate breath for testing without a valid medical
explanation after the driver has received notice of the requirement for
breath testing in accordance with the provisions of this part;
2. fails to provide adequate urine for controlled substances testing
without a valid medical explanation after the driver has received notice
of the requirement for urine testing in accordance with the provisions
of this policy and federal regulation; or
3. engages in conduct that clearly obstructs the testing process.
Safety—Sensitive Function
Includes any of the following:
1. All time at a carrier or shipper plant, facility, or other property, or on
any public property, waiting to be dispatched, unless the driver has
been relieved from the duty by the City;
6
2. All time inspecting equipment as required by federal regulations or
otherwise inspecting, servicing, or conditioning any commercial motor
vehicle at any time;
3. All driving time which shall mean all time spent at the driving controls
of a commercial motor vehicle in operation;
4. All time, other than driving time, in or upon any commercial motor
vehicle except time spent resting in a sleeper berth, which shall mean a
berth conforming to the requirements of federal regulations;
5. All time loading or unloading a vehicle, supervising, or assisting in the
loading or unloading, attending a vehicle being loaded or unloaded,
remaining in readiness to operate the vehicle, or in giving or receiving
receipts for shipments loaded or unloaded;
6. All time spent performing the driver requirements of the federal
statutes related to accidents;
7. All time repairing, obtaining assistance, or remaining in attendance
upon a disabled vehicle.
Screening Test (also known as Initial Test)
In alcohol testing, it means an analytical procedure to determine whether a
driver may have a prohibited concentration of alcohol in his or her system.
In controlled substance testing, it means an immunoassay screen to eliminate
"negative" urine specimens from further consideration.
Substance Abuse Professional
A licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed
or certified psychologist, social worker, employee assistance professional, or
addiction counselor (certified by the National Association of Alcoholism and
Drug Abuse Counselors Certification Commission) with knowledge of and
clinical experience in the diagnosis and treatment of alcohol and controlled
substances—related disorders.
Supervisor
The person designated by the City to perform supervisory functions over the
City's drivers.
Violation Rate
The number of drivers found during random tests given pursuant to this
policy and federal regulations to have an alcohol concentration of 0.04 or
greater, plus the number of drivers who refuse a random test required by this
policy and federal regulations, divided by the total reported number of drivers
in the industry given random alcohol tests pursuant to this policy and federal
regulations, plus the total reported number of drivers in the industry who
refuse a random test required by this policy and federal regulations.
PART II -- PROHIBITED CONDUCT
Sec. A. ALCOHOL
Subd. 1 --Alcohol Concentration
No driver shall report for duty or remain on duty requiring the
performance of safety—sensitive functions while having an alcohol
concentration of 0.04 or greater.
Subd. 2 -- On-Duty Use
No driver shall use alcohol while performing safety—sensitive functions.
Subd. 3 -- Pre-Duty Use
No driver shall perform safety—sensitive functions within four hours
after using alcohol.
Subd. 4 -- Post-Accident Use
No driver required to take a post—accident alcohol test because of loss
of human life or who receives a citation under state or local law for a
moving traffic violation arising from an accident shall use alcohol for
eight hours following the accident, or until he/she undergoes a
post—accident alcohol test, whichever occurs first.
Subd. 5 -- Physical Possession
No driver shall be on duty or operate a commercial motor vehide while
the driver possesses alcohol in any quantity.
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Sec. B. CONTROLLED SUBSTANCES
Subd. 1 -- Use Prohibited
No driver shall report for duty or remain on duty requiring the
performance of safety—sensitive functions when the driver uses any
controlled substance.
Subd. 2 -- Medical Exceptions
The prohibition against controlled substances shall not be read to
proscribe use for medicinal purposes pursuant to the instructions of a
physician who has advised the driver that the substance does not
adversely affect the driver's ability to safely operate a commercial
motor vehicle.
Subd. 3 -- Disclosure Required
A driver shall inform the driver's supervisor of any therapeutic drug use
allowed under Subd. 2.
Subd. 4 -- Testing Results
No driver shall report for duty, remain on duty or perform a
safety-sensitive function if the driver tests positive for controlled
substances.
Sec. C. REFUSAL TO SUBMIT TO TESTING
Subd. 1 -- Prohibition
No driver shall refuse to submit to a post—accident alcohol or
controlled substances test, a random alcohol or controlled substances
test, a reasonable suspicion alcohol or controlled substances test, or a
follow—up alcohol or controlled substances test mandated by this
Policy.
Subd. 2 --Action by City
The City shall not permit a driver who refuses to submit to the
mandated tests under this Policy to perform or continue to perform
safety—sensitive functions.
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Sec. D. RESTRICTION OF FUNCTIONS UPON ItNOWLEDGE BY CITY
Subd. 1 --Alcohol Possession
The City, upon actual knowledge that a driver is in possession of
alcohol, shall not permit the driver to drive or continue to drive a
commercial motor vehicle.
Subd. 2 -- Other
Further, the City, having actual knowledge of any of the following,
shall not permit a driver to perform or continue to perform
safety-sensitive functions:
(a) that a driver has an alcohol concentration of 0.04 or greater;
(b) that a driver is using alcohol while performing safety—sensitive
functions;
(c) that a driver has used alcohol within four hours;
(d) that a driver has used a controlled substance, unless such use is
permitted pursuant to the written instruction of a physician as
described in Section B, Subd. 2 of this Part; or
• (e) that a driver has tested positive for controlled substances.
Sec. E. CONSEQUENCES
Failure to comply with Part II of this Policy shall result in the consequences
described under Part VI.
PART III -- TESTS REQUIRED
Sec. A. PRE-EMPLOYMENT TESTING
Subd. 1 -- Scope
Prior to the first time a driver performs safety—sensitive functions for
the City, the driver shall undergo testing for controlled substances.
For purposes of this subsection on pre—employment testing, the term
driver includes, but is not limited to, a person applying to the City to
drive a commercial motor vehicle or a person who has been
re—assigned into a position that requires the performance of
safety—sensitive functions.
to
Subd. 2 -- Offer Contingency
Any job offer or reassignment to drive a commercial motor vehicle
shall be contingent upon a negative drug test report and the
applicant's written consent authorizing former employers to release to
the City all information concerning any positive controlled
substances tests where the applicant has not participated and
completed a counseling or rehabilitation program as directed by the
driver's substance abuse professional.
Subd. 3 -- Necessity of Test
No employer shall allow a driver to perform safety-sensitive functions
unless the driver has received controlled substances test results from
the MRO indicating a verified negative test result.
Subd. 4 -- Refusal
In the case of a job applicant applying to drive for the City, if the
applicant refuses, no such test shall be given, and the job applicant
shall be deemed to have withdrawn the application for employment.
Sec. B. POST-ACCIDENT TESTING
Subd. 1 -- Drivers Subject to Testing
As soon as practicable following an accident involving a commercial
motor vehicle, the City shall test for alcohol and controlled
substances each surviving driver:
(a) who was performing safety—sensitive functions with respect to
the vehicle, if the accident involved the loss of human life; or
(b) who receives a citation under State or local law for a moving
traffic violation arising from the accident.
Where this Policy does not apply, the City may also test in
accordance with the City of Eden Prairie Drug and Alcohol Testing
Policy.
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Subd. 2 -- Timing Requirements
(a) If an alcohol test required by this section is not administered
within two hours following the accident, the City shall prepare
and maintain on file a record stating the reasons the test was
not promptly administered. If a test required by this section is
not administered within eight hours following the accident, the
City shall cease attempts to administer an alcohol test and
shall prepare and maintain the same record. Records shall be
submitted to the FHWA upon request of the Associate
Administrator.
(b) If a controlled substances test required by this section is not
administered within thirty-two hours following the accident,
the City shall cease attempts to administer a controlled
substances test, and prepare and maintain on file a record
stating the reasons the test was not promptly administered.
Records shall be submitted to the FHWA upon request of the
Associate Administrator.
Subd. 3 -- Driver's Obligation of Availability
A driver who is subject to post—accident testing shall remain readily
available for such testing or may be deemed by the City to have
refused to submit to testing. Nothing in this section shall be
construed to require the delay of necessary medical attention for
injured people following an accident or to prohibit a driver from
leaving the scene of an accident for the period necessary to obtain
assistance in responding to the accident, or to obtain necessary
emergency medical care.
Subd. 4 -- Post—Accident Information and Procedures
The City shall provide drivers with necessary post—accident
information, procedures and instructions, prior to the driver
operating a commercial motor vehicle, so that drivers will be able to
comply with the requirements of this section.
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Subd. 5 -- Independent Testing Authority
The results of a breath or blood test for the use of alcohol or a urine
test for the use of controlled substances, conducted by Federal, State,
or local officials having independent authority for the test, including
any test conducted in accordance with the City of Eden Prairie Drug
and Alcohol Testing Policy or the Minnesota Implied Consent Law,
shall be considered to meet the post-accident testing requirements of
this Section provided such tests conform to applicable Federal, State or
local requirements, and that the results of the tests are obtained by the
City.
•
Sec. C. RANDOM TESTING
Subd. 1 -- Minimum Annual Percentage Rate
Subject to the FHWA Administrator's decision to increase or decrease
the minimum annual percentage rate for random alcohol and
controlled substances testing as updated and published periodically in
the Federal Register, the rates shall be as follows:
(a) the minimum annual percentage rate for random alcohol testing
shall be twenty—five percent (25%) of the average number of
city driver positions;
(b) the minimum annual percentage rate for random controlled
substance testing shall be fifty percent (50%) of the average
number of city driver positions.
Subd. 2 -- Driver Selection
The selection of drivers for random alcohol and controlled substance
testing shall be made by a scientifically valid method, such as a
random number table of a computer—based random number generator
that is matched with drivers' Social Security numbers, payroll
identification numbers, or other comparable identifying numbers.
Under the selection process used, each driver shall have an equal
chance of being tested each time selections are made.
Subd. 3 -- Number of Drivers Subject to Testing
The City shall randomly select a sufficient number of drivers for
alcohol testing during each calendar year to equal an annual rate not
less than the minimum annual percentage rate for random alcohol
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testing described in Subdivision 1 of this Section. For controlled
substance testing, the City shall randomly select a sufficient number of
drivers for controlled substances testing during each calendar year to
equal an annual rate not less than the minimum annual percentage rate
of fifty percent (50%) of drivers. If the City conducts random testing
for alcohol and/or controlled substances through a consortium, the
number of drivers to be tested may be calculated for each individual
employer or may be based on the total number of drivers covered by
the consortium who are subject to random alcohol and/or controlled
substance testing at the same minimum annual percentage rate under
this part or any DOT alcohol or controlled substance testing rule.
Subd. 4 -- Unannounced Testing
The City shall ensure that random alcohol and controlled substances
tests conducted pursuant to this section are unannounced and that the
dates for administering random alcohol and controlled substances tests
are spread reasonably throughout the calendar year.
Subd. 5 -- Testing To Proceed Immediately
The City shall require that each driver who is notified of selection for
random alcohol and/or controlled substances testing proceeds to the
test site immediately; provided, however, that if the driver is
performing a safety—sensitive function at the time of notification, the
City shall instead ensure that the driver ceases to perform the
safety—sensitive function and proceeds to the testing site as soon as
possible.
Subd. 6 -- Timing of Tests
A driver shall only be tested for alcohol while the driver is performing
safety—sensitive functions, just before the driver is to perform
safety—sensitive functions, or just after the driver has ceased
performing such safety-sensitive functions.
Subd. 7 -- Drivers Subject to Multiple Agency Testing
Any driver subject to random alcohol or controlled substances testing
under the alcohol or controlled substances testing rules of more than
one DOT agency for the City shall be subject to random alcohol and/or
controlled substances testing at the minimum annual percentage rate
established for the calendar year by the DOT agency regulating more
than 50% of the driver's function.
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Subd. 8 -- Multiple Agency Testing Rules for the City
Where the City is required to conduct random alcohol or controlled
substances testing under the alcohol or controlled substances testing
rules of more than one DOT agency, the City may:
(a) Establish separate pools for random selection, with each
pool containing the DOT-covered employees who are
subject to testing at the same required minimum annual
percentage rate; or
(b) Randomly select such employees for testing at the highest
minimum annual percentage rate established for the
calendar year by any DOT agency to which the City is
subject.
Sec. D. REASONABLE SUSPICION TESTING
Subd. 1 -- Determination and Application
(a) The City shall require a driver to submit to an alcohol test when
the City has reasonable suspicion to believe that the driver has
violated the provisions of Part II of this Policy, except Section
A, Subd. 5 of that part, concerning alcohol. The City's
determination that reasonable suspicion exists to require the
driver to undergo an alcohol test must be based on specific,
contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of the driver.
(b) The City shall require a driver to submit to a controlled
substance test when the City has reasonable suspicion to believe
that the driver has violated the prohibitions of Part II of this
policy concerning controlled substances. The City's
determination that reasonable suspicion exists to require the
driver to undergo a controlled substances test must be based on
specific, contemporaneous, articulable observations concerning
the appearance, behavior, speech, or body odors of the driver.
The observations may include indications of the chronic and
withdrawal effects of controlled substances.
Subd. 2 -- Qualified Personnel
The required observations for alcohol and/or controlled substances
reasonable suspicion testing shall be made by a supervisor or an
15
employee of the City who is trained in accordance with Section B of
Part VII of this Policy. The person who makes the determination or
who observes or assists with making the determination that reasonable
suspicion exists to conduct an alcohol test shall not conduct the
alcohol test of the driver.
Subd. 3 -- Scope of Reasonable Suspicion Testing
Alcohol testing is authorized by this Section only if the observations
required by Subd. 1 are made during, just preceding, or just after the
period of the work day that the driver is required to be in compliance
with this Policy. The driver may be directed by the City to only
undergo reasonable suspicion testing while the driver is performing
safety—sensitive functions, just before the driver is to perform
safety-sensitive functions, or just after the driver has ceased performing
such functions.
Subd. 4 -- Timing of Test
If an alcohol test required by this section is not administered within
two hours following the determination of reasonable suspicion under
Subd. 1, the City shall prepare and maintain on file a record stating
the reasons the alcohol test was not promptly administered. If an
alcohol test required by federal law and this policy is not administered
within eight hours following the determination of reasonable suspicion
under Subd. 1, the City shall cease attempts to administer an alcohol
test and shall state in the record the reasons for not administering the
test.
Subd. 5 -- Temporary Suspension of Duties
Notwithstanding the absence of a reasonable suspicion alcohol test
under this Section, no driver shall report for duty or remain on duty
requiring the performance of safety-sensitive functions while the driver
is under the influence of or impaired by alcohol, as shown by the
behavioral, speech, and performance indications of alcohol misuse, nor
shall the City permit the driver to perform or continue to perform
safety—sensitive functions, until:
(a) An alcohol test is administered and the driver's alcohol
concentration measures less than 0.02; or
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(b) Twenty—four hours have elapsed following the
determination under Subd. 1 of this Section that there is
reasonable suspicion to believe that the driver has
violated the prohibitions of this policy and federal law
concerning the use of alcohol.
Subd. 6 -- Behavior and Appearance As Insufficient Basis
Except as provided in Subd. 5, the City shall not take any action under
this Policy against a driver based solely on the driver's behavior and
appearance, with respect to alcohol use, in the absence of an alcohol
test. However, nothing shall prohibit the City from taking any action,
pursuant to the City of Eden Prairie Drug and Alcohol Testing Policy
or otherwise consistent with law, to discipline a driver for acts which
violate standards of conduct in the workplace, even if related to
alcohol use or conduct as a result of alcohol use.
Subd. 7 --Alternative Testing Authority
If the driver is not performing safety—sensitive functions and
reasonable suspicion exists, drivers may be tested for drugs and
alcohol under the City of Eden Prairie Drug and Alcohol Testing
Policy and Minnesota Implied Consent law, if applicable.
Subd. 8 -- Written Records of Observations
A written record shall be made of the observations leading to a
controlled substance reasonable suspicion test, and signed by the
supervisor or other city employee who made the observations,
within twenty—four hours of the observed behavior or before the
results of the controlled substances test are released, whichever is
earlier.
Sec. E. RETURN—TO—DUTY TESTING
Subd. 1 --Alcohol Testing
The City shall ensure that before a driver returns to duty requiring
the performance of a safety—sensitive function after engaging in
conduct prohibited by Part II of this Policy concerning alcohol, the
driver shall undergo a return—to—duty alcohol test with a result
indicating an alcohol concentration of less than 0.02.
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Subd. 2 -- Controlled Substances Testing
The City shall ensure that before a driver returns to duty requiring
the performance of a safety—sensitive function after engaging in
conduct prohibited by Part II of this Policy concerning controlled
substances, the driver shall undergo a return—to—duty controlled
substances test with a result indicating a verified negative result for
controlled substances use.
Sec. F. FOLLOW-UP TESTING
Subd. 1 -- Unannounced Additional Testing
Following a determination under Part VII, Section C, Subd. 2 that a
driver is in need of assistance in resolving problems associated with
alcohol misuse and/or use of controlled substances, the City shall
ensure that the driver is subject to unannounced follow—up alcohol
and/or controlled substances testing as directed by a substance
abuse professional in accordance with the provisions of Part VII,
Section C, Subd. 4(b).
Subd. 2 -- Testing Period
Follow—up alcohol testing shall be conducted only when the driver
is performing safety—sensitive functions, just before the driver is to
perform safety—sensitive functions, or just after the driver has ceased
performing such safety—sensitive functions.
PART IV -- SPECIMEN COLLECTION PROCEDURES
Sec. A. TESTING PROCESS
The City is required to use the "split sample" method of collection for its
drivers. The City shall contract with a professional testing facility certified
under the DHHS "Mandatory Guidelines for Federal Workplace Drug
Testing Programs," 53 C.F.R. 11970, to perform the collection and analysis
of urine specimen in accordance with 49 C.F.R. 40.
Sec. B. CONFIRMATORY RETEST
The MRO shall notify each driver who has a confirmed positive test that
the driver has 72 hours in which to request a test of the split specimen if
the test is verified as positive. The driver is responsible for all costs
18
associated with the confirmatory retest unless results are negative. If the
driver requests an analysis of the split specimen within 72 hours of having
been informed of a verified positive test, the MRO shall direct, in writing,
the laboratory to provide the split specimens to another DHHS—certified
laboratory for analysis. If the analysis of the split specimen fails to
reconfirm the presence of the drug(s) or drug metabolite(s) found the
primary specimen, or if the split specimen is unavailable, inadequate for
testing or untestable, the MRO shall cancel the test and report cancellation
and the reasons for it to the DOT, the City, and the driver.
Sec. C. ALCOHOL TESTING
Subd. 1 -- Trained Technician
The City shall use a breath alcohol technician (BAT) that is trained
to proficiency in the operation of the evidential breath testing
device (EBT). The breath alcohol technician shall follow the
procedures for alcohol testing listed in 49 C.F.R. part 40.
Subd. 2 -- Procedure
Two breath tests are required to determine if a person has a
prohibited alcohol concentration. Any result less than 0.02 alcohol
concentration is considered a "negative" test. If the alcohol
concentration is 0.02 or greater, a second confirmation test must be
conducted. If the driver attempts and fails to provide an adequate
amount of breath, the City will direct the driver to obtain a written
evaluation from a licensed physician to determine if the driver's
inability to provide a specimen is genuine or constitutes a refusal to
test. Alcohol test results are reported directly to the designated City
contact person.
PART V -- HANDLING OF TEST RESULTS
Sec. A. CONFIDENTIALITY
The results of all tests conducted under this Policy are confidential. Any
information concerning an individual's test results and records shall not be
released without the written permission of the individual except as
provided for under federal or state law.
The City shall comply with federal law regarding the handling of test
results, record retention, and confidentiality under 49 C.F.R. §§
19
382.401-382.413. In particular, City contracts with laboratories shall
require that the laboratory maintain employee test records in confidence,
as provided in DOT agency regulations. The contracts, as required by 49
C.F.R. 40.35, shall provide that the laboratory shall disclose information
related to a positive drug test of an individual to the individual, the City,
or the decision maker in a lawsuit, grievance, or other proceeding initiated
by or on behalf of the individual and arising from a certified positive drug
test.
Sec. B. RETENTION OF RECORDS
The City shall maintain records of its alcohol misuse and controlled
substances use prevention programs as provided in 49 C.F.R. § 382.401.
The records shall be maintained in a secure location with controlled access.
Sec. C. ACCESS TO RECORDS
Subd. 1 -- Limitations
Except as required by law or expressly authorized or required in this
Section, the City shall not release driver information contained in
records required to be maintained under Section B of this part and
in accordance with federal law.
Subd. 2 -- Request by Driver
A driver is entitled, upon written request, to obtain copies of any
records pertaining to the driver's use of alcohol or controlled
substances, including any records pertaining to his or her alcohol or
controlled substances tests. The City shall promptly provide the
records requested by the driver. Access to the driver's records shall
not be contingent upon payment for records other than those
specifically requested.
Sec. D. REPORTING RESULTS
The City shall prepare and maintain an annual calendar year summary of
the results of its alcohol and controlled substances testing programs
performed under this Policy in accordance with 49 C.F.R. § 382.403.
20
PART VI -- CONSEQUENCES FOR ENGAGING IN PROHIBITED
CONDUCT
Sec. A. REMOVAL FROM SAFETY-SENSITIVE FUNCTION
Subd. 1 -- Restriction on Drivers
Except as provided in Part VII, no driver shall perform
safety—sensitive functions, including driving a commercial motor
vehicle, if the driver has engaged in conduct prohibited by Part II of
this policy or an alcohol or controlled substance rule of a DOT
agency, unless the driver has met the requirements of Section C of
Part VII.
Subd. 2 -- Duty of the City
The City shall not permit any driver to perform safety—sensitive
functions, including driving a commercial vehicle, if the City has
determined that the driver has violated this policy, unless the driver
has met the requirements of Section C of Part VII.
Subd. 3 -- Refusal to Submit
If the driver refuses to undergo testing required by this Policy, no
test shall be given, and the City Manager or other designated City
officer may recommend that the driver be discharged from
employment on grounds of insubordination.
Subd. 4 -- Other Alcohol Related Conduct
No driver tested under the provisions of Part III of this policy, who
is found to have an alcohol concentration of 0.02 or greater but less
than 0.04, shall perform or continue to perform safety-sensitive
functions for the City, including driving a commercial motor vehicle,
nor shall the City permit the driver to perform or continue to
perform safety-sensitive functions, until the start of the driver's next
regularly scheduled duty, but not less than 24 hours following
administration of the test.
Subd. 5 -- Consequences From Independent Authority
Except as provided in Subd. 4, the City shall not take action under
this Policy against a driver based solely on test results showing an
alcohol concentration less than 0.04. However, nothing shall
21
prohibit the City from taking any action, pursuant to the City of
Eden Prairie Drug and Alcohol Testing Policy or otherwise
consistent with law, to discipline a driver for acts which violate
standards of conduct in the workplace, even if related to alcohol use
or conduct as a result of alcohol use.
Sec. B. DISCIPLINE AND DISCHARGE
Subd. 1 -- Pre-Transfer/Pre-Employment Tests
The City will not withdraw an offer of employment or re-assignment
to a driver position made contingent on the job applicant passing
drug testing based on a positive test result from an initial screening
test that has not been verified by a confirmatory test. Where there
has been a positive test result in a confirmatory test and in any
confirmatory retest, the City Manager or other designated City
officer shall withdraw the contingent offer of employment or
promotion to a driver position if the City determines in accordance
with the Minnesota Human Rights Act that drug usage or abuse
prevents the job applicant from performing the safety-sensitive
functions of the job in question.
Subd. 2 -- Other Tests
The City Manager or other designated City officer will not discharge,
discipline, discriminate against, or request or require rehabilitation of
a driver solely on the basis of a positive test result from a screening
test that has not been verified by a confirmatory test. Where there
has been a positive test result in a confirmatory test and in any
confirmatory retest (controlled substances only), the City may do
the following:
(a) First Positive Test Result. Give the driver an opportunity to
participate in either a drug or alcohol counseling or
rehabilitation program, whichever is more appropriate. The
City through its Employee Assistance Program may determine
which program is more appropriate after consultation with a
Substance Abuse Professional or physician trained in the
diagnosis and treatment of chemical dependency.
Participation in a counseling or rehabilitation program will be
at the driver's own expense or pursuant to coverage under the
driver's own benefit plan. If the driver either refuses to
participate in the counseling or rehabilitation program or fails
to successfully complete the program, as evidenced by
22
withdrawal from the program before its completion or by a
positive test result on a confirmatory test after completion of
the program, and alcohol or drug abuse prevents the driver
from performing the safety-sensitive functions of the job in
question the City manger or other designated City official may
recommend that the driver be discharged from employment.
(b) Second Positive Test Result. Where alcohol or drug abuse
prevents the driver from performing the safety-sensitive
functions of the job in question the City Manager or other
designated City official may recommend that the driver be
discharged from employment. The driver, whether discharged
or not, will have access to any employee assistance program
maintained by the City, to the extent permitted by the
programs terms, for evaluation and referral in resolving
problems with alcohol misuse and controlled substances use.
(c) Suspensions and Transfers. Notwithstanding any other
provisions herein, the City may temporarily suspend the
tested driver with pay for up to 90 days or transfer that driver
to another position at the same rate of pay pending the
outcome of the confirmatory test and, if requested, the
confirmatory retest (controlled substances only), provided the
City believes that it is reasonably necessary to protect the
health or safety of the driver, co-employees, or the public.
(d) Other Misconduct. Nothing in this policy limits the right of
the City to discipline or discharge a driver on grounds other
than a positive test result in a confirmatory test arising from
the same or other incident, including but not limited to a
conviction of any criminal drug statute for a violation
occurring in the workplace.
Sec. C. PENALTIES
Any employee who knowingly and willfully violates the Omnibus
Transportation Employee Testing Act while operating a commercial motor
vehicle by activities that have led or could have led to death or serious
injury is subject to the statutory criminal sanctions.
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PART VII -- INFORMATION. TRAINING AND REFERRAL
Sec. A. CITY'S OBLIGATION TO PROVIDE INFORMATION
Subd. 1 -- General Requirements
The City shall provide educational materials that explain the
requirements of the Policy and the City's policies and procedures
with respect to meeting these requirements.
(a) The City shall ensure that a copy of these materials is
distributed to each driver prior to the start of alcohol
and controlled substances testing under this policy and
to each driver subsequently hired or transferred into a
position requiring driving a commercial motor vehicle.
(b) The City shall provide written notice to representatives
of employee organizations of the availability of this
information.
Subd. 2 -- Content
The materials to be made available to drivers shall include a detailed
discussions of at least the following:
(a) The identity of the person designated by the City to
answer driver questions about the materials;
(b) The categories of drivers who are subject to the
provisions of this Policy;
(c) Sufficient information about the safety
sensitive-functions performed by those drivers to make
clear what period of the work day the driver is required
to be in compliance with this Policy;
(d) Specific information concerning driver conduct that is
prohibited by this Policy;
(e) The circumstances under which a driver will be tested
for alcohol and/or controlled substances under this
Policy;
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(f) The procedures that will be used to test for the
presence of alcohol and controlled substances, protect
the driver and the integrity of the testing processes,
safeguard the validity of the test results, and ensure
that those results are attributed to the correct driver;
(g) The requirements that a driver submit to alcohol and
controlled substances tests administered in accordance
with this policy;
(h) An explanation of what constitutes a refusal to submit
to an alcohol or controlled substances test and the
attendant consequences;
(i) The consequences for drivers found to have violated
Part II of this Policy, including the requirement that
the driver be removed immediately from safety
sensitive-functions, and the procedures under Section
C of Part VII;
(j) The consequences for drivers found to have an alcohol
concentration of 0.02 or greater but less than 0.04;
(k) Information concerning the effects of alcohol and
controlled substances use on an individual's health,
work, and personal life; signs and symptoms of an
alcohol or controlled substances problem (the driver's
or a co-worker's); and available methods of intervening
when an alcohol or a controlled substances problem is
suspected, including confrontation, referral to an
employee assistance program and/or referral to
management.
Subd. 3 -- Other Materials
The materials supplied to drivers may also include information on
the City of Eden Prairie Drug and Alcohol Testing Policy, including
any consequences for a driver found to have a specified alcohol or
controlled substances level, that are based on the City's authority in
that policy. The additional provisions and consequences must be
clearly and obviously described as being based on the City of Eden
Prairie Drug and Alcohol Testing Policy.
25
Subd. 4 -- Certificate of Receipt
The City shall ensure that each driver is required to sign a statement
certifying that he or she has received a copy of these materials
described in this section. The City shall maintain the original of the
signed statement and may provide a copy of the statement to the
driver.
Sec. B. TRAINING FOR SUPERVISORS
The City shall ensure that persons designated to determine whether
reasonable suspicion exists to require a driver to undergo testing under Part
III, Section D of this Policy receive at least 60 minutes of training on alcohol
misuse and receive at least an additional 60 minutes of training on controlled
substances use. The training shall cover the physical, behavioral, speech and
performance indicators of probable alcohol misuse and use of controlled
substances.
Sec. C. REFERRAL, EVALUATION AND TREATMENT
Subd. 1 -- Resource Advisory
Each driver who engages in conduct prohibited by Part II of this policy
shall be advised by the City of the resources available to the driver in
evaluating and resolving problems associated with the misuse of
alcohol and use of controlled substances, including the names,
addresses, and telephone numbers of substance use professionals and
counseling and treatment programs.
Subd. 2 -- Evaluation by a Substance Abuse Professional
Each driver who engages in conduct prohibited by Part II of this policy
shall be evaluated by a substance abuse professional who shall
determine what assistance, if any, the employee needs in resolving
problems associated with alcohol misuse and controlled substances use.
Subd. 3 -- Return—to—Duty Testing
Before a driver returns to duty requiring the performance of a
safety—sensitive function after engaging in conduct prohibited by Part
II of this policy, the driver shall undergo a return—to—duty alcohol test
with the result indicating an alcohol concentration of less than 0.02 if
the conduct involved alcohol, or a controlled substances test with a
verified negative result if the conduct involved a controlled substance.
26
Subd. 4 -- Return-to-Duty Assistance
In addition, each driver identified as needing assistance in resolving
problems associated with alcohol misuse or controlled substance use:
(a) shall be evaluated by a substance abuse professional to
determine that the driver has properly followed any
rehabilitation program prescribed under Subd. 2 of this
Section; and
(b) shall be subject to unannounced follow—up alcohol and
controlled substances testing administered by the City
following the driver's return to duty. The number and
frequency of such follow—up testing shall be as directed by the
substance abuse professional, and consist of at least six 6 tests
in the first twelve 12 months following the driver's return to
duty. The city may direct the driver to undergo
return—to—duty and follow—up testing for both alcohol and
controlled substances, if the substance abuse professional
determines that return—to—duty and follow—up testing for both
alcohol and controlled substances is necessary for that
particular driver. Any such testing shall be performed in
accordance with the requirements of 49 C.F.R. 40. Follow—up
testing shall not exceed sixty months from the date of the
driver's return to duty. The substance abuse professional may
terminate the requirement for follow—up testing at any time
after the first six tests have been administered, if the substance
abuse professional determines that such testing is no longer
necessary.
Subd. 5 -- Evaluation and Rehabilitation
Evaluation will be provided by the City's Employee Assistance
Program and paid for by the City. Any recommended participation
in a counseling or rehabilitation program will be at the employee's
own expense or pursuant to coverage under an employee's benefit
plan.
Subd. 6 -- Conflict of Interest of Substance Abuse Professional
The City shall ensure that a substance abuse professional who
determines that a driver requires assistance in resolving problems with
alcohol misuse or controlled substances use does not refer the driver to
the substance abuse professional's private practice or to a person or
27
organization from which the substance abuse professional receives
remuneration or in which the substance abuse professional has a
financial interest. This paragraph does not prohibit a substance abuse
professional from referring a driver for assistance provided through:
(a) a public agency, such as a State, County, or municipality;
(b) the City or a person under contract to provide treatment for
alcohol or controlled substance problems on behalf of the City;
(c) the sole source of the therapeutically appropriate treatment
under the driver's health insurance program; or
(d) the sole source of therapeutically appropriate treatment
reasonably accessible to the driver.
Subd. 7 -- Job Applicants Excluded
The requirements of this Section with respect to referral, evaluation
and rehabilitation do not apply to applicants who refuse to submit to a
pre-employment controlled substances test or who have a controlled
substances test with a verified positive test result.
PART VIII -- MISCELLANEOUS PROVISIONS
Sec. A. AVAILABLE REVIEW PROCEDURES
Subd. 1 -- Generally
A regular employee aggrieved by a decision of the City Manager, other
than an employee who has not completed the required probationary
period at the time of the decision, a part-time employee, temporary
employee or job applicant, shall choose one of the available review
procedures contained in Subd. 2, to the exclusion of all others, except
that an employee who is a veteran may have additional rights under
the Veterans Preference Act, Minnesota State Statutes Section 197.46.
Subd. 2 -- Procedure
(a) An employee entitled to review under Subd. 1 shall request a
review of the decision no later than fifteen calendar days after
the action. The employee shall meet with the City Manager and
a representative of the Human Resources Department to discuss
the decision within twenty calendar days of said request. All
28
requests for review must be submitted in writing to the City of
Eden Prairie Human Resources Director, 8080 Mitchell Road,
Eden Prairie, MN 55344; or
(b) An employee covered by a collective bargaining agreement may
elect to seek relief under the terms of said agreement by
contacting the appropriate union and initiating grievance
procedures within the applicable time limits.
Sec. B. GOOD FAITH EFFORT
The City of Eden Prairie will make a continuing good faith effort to maintain
a drug—free workplace through this Policy.
Sec. C. CONTACT
Any questions regarding this Policy may be directed to the City of Eden
Prairie Safety Coordinator, 8080 Mitchell Road, Eden Prairie, MN 55344.
ADOPTED by the Eden Prairie City Council on the 19th day of December, 1995.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
29
DATE: 12/19/95
CITY COUNCIL AGENDA
SECTION: Petitions, Requests & Communications
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Public Works Petition from residents of Westwind VIII.A.
Drive
Background:
City Engineering staff have been working with the residents and the Preserve Homeowners
Association in an attempt to resolve the drainage problems identified in the attached letter of
November 13 from Mr. Dominick. Staff has developed plans for the needed construction and
maintenance work. The essence of the problem now is to determine who will pay for costs
involved. Staff will continue to try and work out an equitable solution.
Recommendation:
Receive the petition letter and direct staff to report back to the Council in 60 days.
•
� I
Eden Prairie, Minnesota
November 13, 1995
HONORABLE MAYOR DR. JEAN HARRIS
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-2230
Subject: Request for a hearing before the Eden Prairie City Council oncerning the
storm drainage system in the Westwind Addition in The Preser e.
Attachment: A copy of a plat of the Westwind Addition in the Presery .
Dear Mayor Dr. Harris:
There is a vary serious problem area concerning faulty storm drainage f:cilities in the
Westwind Addition in The Preserve. The extent of the problem is illu.trated by the
shaded area on the attached plot.
The private properties directly affected by this faulty storm drainage system are as
follows:
WEST WIND CIRCLE house addresses are 8725, 8715, 8705, 8895, 8: 85, 8675, 8665
and 8666.
LEEWARD CIRCLE house addresses are 8718, 8712, 8706, 8705, 8 15, 8725, 8735
and 8745.
WINDROW DRIVE house addresses are 11379, 11399 and 11400.
WINDWARD CIRCLE house addresses are 8615, 8635, 8625 and 8.45.
This storm drainage system problem was first identified in CY 1990. Si ee then it has
become steadily worse with damage to private property also increasing. In some cases
the damages are in the thousands of dollars.
In CY 1993, Mr. L. D. Dominick of 8675 Westwind Circle brought the matter to the 4j/223
attention of The Preserve Association and the City of Eden Prairie. ' •m 1993 to the �
present time, there have been numerous meetings, correspondence and site visits Involving
directly affected property owners, The Preserve Association and Th: City of Eden
Prairie which have not resulted in a solution to the problem.
The subject storm drainage system was designed and constructed about t enty-five years
ago. In the years following, dirt and refuse have washed down from t,e slopes above
the affected area and filled in the surface drainage ditches and restric ed the flow of
storm water which in turn has caused flooding of private property. In ome areas, the
drainage ditches have filled up and overgrown with vegitation over th years so they
are nearly invisable. In some areas the surface drainage ditches were constructed on
newly filled land. Uneven settling of the land has created several to places in the
surface drainage ditches, thus further impeding the flow of storm wate ,. In one area,
a culvert entrance is several feet above the area it is supposed to dr: in.
Page 1 Of 3
•f / ,
In several cases, the storm sewers (drains) can not handle the volume of a moderate
rainfall. The overflow has caused flooding on private property as well as washouts on
the slopes below the storm drains. The storm water cascades down the slopes to create
a flooding problem on the lower level.
Therefore, considering the brief outline of the problem as stated above, the undersigned
affected property owners respectfully request a hearing with the Ede* Prairie City
Council with the hope of resolving this problem as soon as possible.
WESTWIND ADDITION
ADDRESS NAME
Lot 1, Block 5 8745 Leeward Circle ','",e,(17e
Lot 2, Block 5 8735 )19\1 y
Lot 3, Block 5 8725 /�` C1/1(1°w
Lot 4, Block 5 8715 • '
Lot 5, Block 5 8705
Lot 6, Block 5 8706
42eireel
Lot 7, Block 5 8712 � % r'
Lot 8, Block 5 8718
Lot 1, Block 6 8725 Westwind Circle •
;)\
Lot 2, Block 6 8715 50*) \NJ .
Lot 3, Block 6 8705 ou„( Ye
Lot 4, Block 6 8695 ++�
Lot 5, Block 6 8685 � 27,4
Page 2 Of 3 ti ��
WESTWIND ADDITION
ADDRESS NAME
Lot 6, Block 6 8675 Westwind Circle •--Z
Lot 7. Block 6 8665
Lot 8, Block 6 8666
x Lot 4, Block 7 8645 Windward Circle
Lot 5, Block 7 8635 _444,
r "
4.
Lot 6. Block 7 8625
! �i "� T
Lot 7, Block 7 8615 !f
-C.'1317°-
Lot 13, Block 1 11400 Windrow Drive
Lot 14, Block 1 11399
=LSO el
Lot 15, Block 1 11379 /1 !C � I an ri l i 4
[11 I !•
I
Mr. Leon D. Dominick may be contacted by telephone at 941-8223 if further information
is needed by you or if further action is required of the concerned property owners.
We hope to meet with you at your earliest convenience.
Sincerely, 7
^�` • Page 3 of 3
•
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I0Ishaf Ill I.00 31OMWIC o
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/19/95
SECTION: Director of Parks, Recreation and Facilities ITEM NO.jr,c I
DEPARTMENT: Parks, ITEM DESCRIPTION: Cash Park Fees for 1996
Recreation and Facilities
Robert A. Lambert
BACKGROUND:
The City established park fees in 1995 as follows:
Residential Development park fees $945/unit
Commercial/Office/Industrial $3,410/acre
State law allows the City to require dedication of either 10% of the land being developed or a fee in
lieu of land dedication equal to 10% of the value of the land being developed. The fee of$945 per unit
for residential would place a value on residential land (based on 21/2 units per acre for low density
residential) at approximately $23,625 per acre. Commercial, industrial, and office land charged at
$3,410 per acre, at 10% of the value would place commercial, industrial, and office land value at
$34,100 per acre. Previous City Councils have requested the City's park fees be based on a
conservative estimate of the value of raw land, and be comparable to other third ring fast growing cities,
as well as being sufficient to provide the necessary recreation facilities to accommodate the new
residents (or employees) that are being added to the park system through the proposed development.
When the City Council approved the 1994 fees they questioned the low estimated value of land for both
residential and commercial and suggested that in the future staff recommend a fee that is more in line
with actual raw land values within the MUSA line.
Attached to this memorandum is a copy of the December 1995 survey of cash park fees and trail fees
that are charged by five other third tier suburbs in 1995. Lakeville, Chanhassen, and Eagan are
charging a trail fee to help pay for the construction of 8 foot asphalt trails that are developed within the
park system and adjacent to city streets and county roads. The City of Eden Prairie pays for
construction of the trails within park and open space lands from the cash park fees, and pays for
construction of 8 foot trails along existing city streets and country roads out of the general fund. The
City generally requires developers to construct these trails along new City streets within the
development.
Chanhassen's combination of a trail fee and a park fee is $1,200 per unit in 1995 for a single family,
$1,053 per unit for multiple family and $6,000 per acre for office, commercial and industrial land.
Lakeville combination trail and park fees total $1,125 per unit for residential, and they charge 5% of
the market value for commercial, office, and industrial land. Plymouth charges $1,150 per unit for
residential land in 1995, and $3,850 per acre for commercial, industrial, and office land. These fees
will increase for 1996.
1
According to our City Assessor, unimproved land within the MUSA line that is guided for low density
residential has a selling price with a wide range in value depending on the location of the property. In
1994 and 1995 land sold for as low as $27,600 per acre up to as much as $71,900 per acre for
unimproved land guided at low density residential. The six major sales of low density guided
unimproved land from July 1994 to May 1995 averaged $50,155 per acre. Land valued at $30,000 per
acre that could be developed at 21 units per acre would dictate a park fee of$1,200 per unit. This is
determined by taking 10% of the land value and dividing by 21/2 units per acre.
The cheapest unimproved land that is guided for commercial, office and industrial in Eden Prairie is
selling for approximately $3.50 per square foot. If the City took 5% of the value of the land, the park
fee would be $7,620 per acre. That would more than double the 1995 fee.
CONCERNS:
City staff is concerned about the rapidly increasing cost to acquire and develop land in Eden Prairie.
Fortunately, the City has only one additional neighborhood park to acquire and a few miscellaneous
conservation parcels that should be acquired in order to complete the park and open space system plan.
These parcels are along the Minnesota River bluffs, as well as some land along Riley Creek. Although,
the City has fallen behind in setting fees at the maximum amount that could be required by law, staff
is uncomfortable recommending increases to those maximum amounts. The cost to develop property
in Eden Prairie must remain competitive with other communities and staff believes the recommended
increased will put Eden Prairie in line with other third tier suburbs and will remain far below 10% of
the value of the unimproved land.
RECOMMENDATION:
Staff recommends the Council set the residential park fee at $1,200 per unit for both single family and
multi family residential development for 1996. Furthermore, staff recommends the Council set the fee
for commercial, office and industrial development at $4,500 per acre for 1996.
Dec 11.memo
2
Residential
Cit Office Commercial Trail Fee (if any)
Y $.tl ..... 11 ?#. ......::,.................................M.....t.....;# .: ::.:.::.:.::::::::.::::: Industrial
Lakeville 985-4600
1995 $900/unit $900/unit 5% of current market value of $225/residential until
unapproved land as determined No trail fee for O/C/I - they often
by County Assessor dedicate land.
1996 - they don't change
every year(last change
February 1995)
Chanhassen 937-1900
1995 $900/unit $790/unit $4,500/acre $300/unit single
$263 /unit multi
1996 to be determined in Jan $1,500/acre OCI
Plymouth 509-5200
1995 $1,150/unit $1,150/unit $3,850/acre None
1996 - to be determine in
February/March
Eagan 681-4660
1995 $875/unit Duplex $791/unit $2,831/acre $105/residential unit
TH/Quads $723/unit $880/acre O/C/I
Apartments$726/unit
Duplex $845/unit
(proposed)1996 $950/unit TH/Quads $800/unit
Apartments$775/unit $3,000/acre $150/residential unit
$880/acre O/C/I
Maple Grove 494-6200
1995 $805/unit $805/unit Industrial $2,250/acre None
Commercial$3,150/acre
1996 - not set until Jan
Eden Prairie
1995 $945/unit $945/unit $3,410/acre N/A
(proposed) 1996
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/19/95
SECTION: Director of Parks, Recreation and Facilities ITEM NO. XI. C2
DEPARTMENT: Parks, ITEM DESCRIPTION: Recommendation Regarding Proposed Facility
Recreation and Facilities Use Fee Increases for 1996
Robert A. Lambert
BACKGROUND:
Attached to this memorandum are memos from Laurie Helling, Manager of Recreation Services; Stuart
Fox, Manager of Parks and Natural Resources; and Barb Cross, Manager of Facilities. Each of these
memos summarize the recommendations for increases in fees and the rationale for increasing those fees
for use of City facilities.
The basic rationale for all of these fee increases is to reduce the general taxpayer's subsidy of private
individual, or group use of these public facilities, and to move to a position that requires users to pay
the direct cost that is associated with their private use of a facility.
The 1996 budget that has indicated an increase in revenue for the Parks, Recreation and Facilities
Department is based on these proposed fee increases. City staff have evaluated the actual cost to
provide use of these facilities and have surveyed other communities to ensure that the proposed fees are
in line with fees other communities are charging for similar services or facilities.
The Parks, Recreation and Natural Resources Commission will discuss these proposed fee increases at
their December 18 meeting, and if they have any recommended changes to the proposed fees those
changes will be provided by staff at the December 19 Coucnil meeting.
The organizations that will be affected most by a proposed fee increase will be the Hockey Association,
the Figure Skating Club and the School District due to the number of hours of ice time they rent at the
Community Center; however, staff discussed the proposal to increase ice time by $5/hour on each of
the rinks with those organizations when the City agreed to replace the dasherboard system on rink one.
The actual increase as proposed is $10/hour for the standard size rink and $5/hour for the Olympic size
rink. Non-prime time ice rental rates increase $32.50/hour for the standard size rink and $30/hour for
the Olympic size rink to bring those rates to $85/hour. These increases bring the average ice rental
charge at the Eden Prairie Community Center up to the average charged for other rinks in the metro
area, at $115/hour for prime time and $85/hour for non-prime time ice. Staff is recommending that
the rates increase_$5/hour on each rink as of January 3, 1996 and then move to the recommended rate
of$115/hour prime time and $85/hour non-prime time for both rinks as of April 1, 1996, because these
organizations have already booked ice through March anticipating the $5/hour increase.
1
RECOMMENDATION:
City staff recommend the City Council approve the staff recommendations for increases in facility use
fees for 1996. Staff further recommend the City authorize the Parks, Recreation and Natural Resources
Commission initiate discussion with the various athletic associations on either limiting the number of
seasons any one organization can utilize facilities in a year, or begin charging for the use of facilities
after a specific number of weeks of use for facilities.
BL:mdd
Attachments: Memo from Laurie Helling, Manager of Recreation Services
Memo from Stuart A. Fox, Manager of Parks and Natural Resources
Memo from Barbara Penning Cross, Manager of Facilities
FeeRec2.memo
2
•
MEMORANDUM
TO: Parks, Recreation and Natural Resources Commission
THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities
FROM: Laurie Helling, Manager of Recreation Services Vti,
DATE: December 13, 1995
SUBJECT: 1996 Fees and Charges for the Eden Prairie Community Center
RECOMMENDATION:
The process of reviewing City fees and charges continues. Staff has reviewed the existing fees
and charges for Community Center facilities and services through the following means:
• Survey of five other city recreation facilities (completed August 1995).
• Survey of nine other city recreation aquatic facilities (completed December 1995).
• Survey of eleven other city ice arena facilities (completed December 1995).
Based upon the input collected from the above surveys, staff requests the following
recommendations for fees and charges be approved for 1996. Upon request, staff can provide
survey information used to formulate the recommendations in this memorandum. The ice time
survey is attached.
Daily Use Fees
all >
. $.50 increase for . no change recommended . no change recommended . no change recommended
non-member adults for non-member adults
(ages 19 and up) (ages 19 and up)
. S1 increase for non- . $.50 increase for
member youth (ages non-member youth
15-18) (ages 15 and up)
. $.50 increase for . implement non-member
non-member tots (ages tot fee of $1 for
4 and under) youth (ages 4 &
. Si increase for non- under)
member family . $1 increase for non-
. $.25 increase for member family
non-members senior . no change recommended
for non-member senior
1
Annual Memberships
▪ $10 increase for . $15 increase for . $15 increase for . $7.50 increase for
residents residents residents residents
▪ $10 increase for non- . $15 increase for non- . $25 increase for non- . $7.50 increase fore
residents residents residents non-residents
Pool Rentals
Staff recommends the current rate of $35 /hour, plus additional staffing cost as needed for
rental. No change in rental fees for 1996.
Meeting Room Rentals
A . no change recommended . $5 per hour increase
B . no change recommended . $5 per hour increase
C . no change recommend . $5 per hour increase
D . no change recommend . $5 per hour increase
Upper Lobby . $5 per hour decrease . no change recommended
Ice Rentals
Ike;<< i&g 1 tital bates fntl�t�
• $10 increase per hour for . $32.50 increase per hour for . $15 increase per hour for
standard size rink standard size rink School District 272 physical
▪ $5 increase per hour for . $30 increase per hour for education classes(50% off non-
Olympic size rink Olympic size rink prime time ice rate)
▪ $110 per hour unless user . $85 per hour unless user . $10 increase per hour for
purchases 125 hours or more purchases 125 hours or more School District 272 hockey
during the summer(June 1 - during the summer(June 1 - games
Labor Day) Labor Day ) (11 pm to 6 am)
• Discontinue tiered discount
based upon hours rented during
the summer
2
Lock-Ins
. Ice Rental - no change recommended
. Pool Rental - no change recommended
. Racquetball Courts - no change recommended
. Fitness Center - $50 (11 pm - 5:30 am)
. Room Rental - $100 (Room A, B, C from 11 pm - 5:30 am)
Group Rentals
Groups of 30 or greater receive 25% off open skate and open swim fees with room rental.
Birthday party groups with room rental receive 50% off open skate and open swim fees.
Birthday party person skates and swims free.
Equipment Rentals
. Flip Chart @ $3 per chart per use
. Overhead Projector @ $3 per use
. Decrease Board Game rental fee by $2
RATIONALE:
Daily Use Fees
Recommended fees and charges for daily use fees are comparable with local recreation facilities
as determined through the survey conducted August 1995.
Annual Memberships
Membership fees and charges have not been increased at the Community Center in nearly ten
years. The proposed annual membership for 1996 is based upon survey information collected
from the following community recreation facilities: Brooklyn Center, Chanhassen, Chaska,
Edina, and Maplewood.
Pool Rentals - N/A
Meeting Room Rentals
Staff is currently in the process of revising the Community Center rental policies and procedures
for meeting rooms. The policy will specify rental rates and those groups charged a fee for use.
The rentals will not be based on making a profit, but to cover costs for setup, take down, and
to maintain the rooms.
3
Ice Rentals
Actual cost to replace dasherboard system is $90,000, to be paid from the cash park fee fund.
That fund is to be reimbursed over the next 7-8 years from increase rental of$2.50/hour from
both rinks, and from net profit from all home high school hockey games until the boards are
paid for.
Based upon the survey of local area ice arenas, staff determined the fees and charges for prime
time and non prime time, as well as summer ice is considerably lower than many of the other
facilities surveyed.
Lock-Ins - No Comment
Group Rentals - No Comment
Equipment Rentals - No Comment
SUMMARY OF BUDGET IMPACT:
Facility/Service 1996 Proposed Budget Impact
Daily Use Fees - Swimming $8,000
Daily Use Fees - Skating 6,000
Daily Use Fees - Fitness Center -0-
Daily Use Fees - Racquetball -0-
Annual Memberships - Youth 210
Annual Memberships - Adult 1,065
Annual Memberships - Household 475
Annual Memberships - Senior 255
Pool Rentals -0-
Meeting Room Rentals -0-
Ice Rentals to be determined
Lock-Ins -0-
Group Rentals -0-
Equipment Rentals -0-
LH:mdd
Attachments: Budget Impact on Recommended Changes
Ice Time Survey
1996Fees/L,aurie4
4
ICE TIME SURVEY
FACILITY WINTER ICE SCHEDULE SUMMER ICE SCHEDULE
Prime time non-prime Prime time non-prime
APPLE VALLEY SPORTS CENTER $115.00 $90.00 No summer ice 1
BLOOMINGTON ICE GARDEN $114.00 $57.00 $114.00 $57.00 1
BURNSVILLE ICE CENTER $115.00 $80.00 $100.00 $85.00 2
BRAEMAR ARENA $105.00 $105.00 $105.00 $105.00 1
BLAKE SCHOOL $135.00 $105.00 $120.00 $90.00 2
CHASKA COMMUNITY CENTER $100.00 $75.00 No summer ice 2
EDEN PRAIRE $115.00 $85.00 $110.00 $85.00 4
EAGAN ICE ARENA $120.00 $120.00 $100.00 $100.00 2
HOPKINS PAVILION $105.00 $95.00 No summer ice 1
NEW HOPE ARENA $130.00 $130.00 $130.00 $130.00 3
WAYZATA ARENA $100.00 $100.00 No summer ice 3
RICHFIELD ICE ARENA $112.50 $85.50 $112.50 $85.50 1
AVERAGE COST $113.88 $93.96 $111.44 $92.19
1 Will increase rates in the fall of 1996
2 No increase in 1996
3 Increase not determined
4 Recommended increase 1996
BUDGET IMPACT ON RECOMMENDED CHANGE
Daily Use Fees Members Non-Members Members Non-Members
SWIMMING SWIMMING
Ages 19 & Up Free $2.00 Adult (Ages 19 & Up) Free $2.50
Ages 5-18 Free $2.00 Youth (Ages 5-18) Free $2.00
Ages 4 & Under Free $.50 Tot (Ages 4 & Under) Free $1.00
Family Free $4.00 Family Free $5.00
Senior Free $1.00 Senior Free $1.25
SKATING SKATING
Adults Free $2.50 Adults (Ages 19 & Up) Free $2.50
Youth Free $1.50 Youth (Ages 5-18) Free $2.00
Family Free $4.00 Tot (Ages 4 & Under) Free $1.00
Senior Free $1.25 Family Free $5.00
FITNESS CENTER Senior Free $1.25
Ages 14 & Up Free $2.50 FITNESS CENTER
RACQUETBALL (perperson per hour) Ages 14 & Up Free $2.50
Resident . Free $4.00 RACQUETBALL (per person per hour)
Non-Resident Free $5.00 Resident Free $4.00
Non-Resident Free $5.00
Annual Memberships Residents Non-Residents Residents Non-Residents
(live or work in EP) (live or work in EP) 'I
YOUTH YOUTH
(18 & Under) $65.00 $100.00 (18 & Under) $75.00 $110.00
ADULT ADULT
(19 & Up) $125.00 $175.00 (19 & Up) $140.00 $190.00
HOUSEHOLD $175.00 $250.00 HOUSEHOLD $200.00 $275.00
SENIOR $62.50 $87.50 SENIOR
(62 & Up) (62 & Up) $70.00 $95.00
$35 per hour, plus additional staffing costs as Staff recommends the current rate of $35 per hour, plus
Pool Rentals needed for rental ($7.50 per hour per lifeguard) additional staffing costs as needed for rental. No
change in rental fees for 1996.
.m
$15 per hour for Meeting Room C Meeting City Community
Meeting Room Rentals $10 per hour for Meeting Rooms A, B, D & Upper Lobby Room Government Group I
A No Charge No Charge
B No Charge No Charge I
C No Charge No Charge I.
D No Charge No Charge !t
Upper Lobby No Charge No Charge
Meeting Community Non Community 1
Room Group II Group I !
A $10/hour $15/hour
B $10/hour $15/hour
C $15/hour $20/hour
D $10/hour $15/hour
Upper Lobby $5/hour $10/hour
Prime Time (with applicable tax) Ice Rental Rates for Standard Size Rink & Olympic Size
Ice Rentals Standard Size Rink = $105/hour Rink
Olympic Size Rink = $110/hour
. Non-Prime Time (with applicable tax) (6 am-2pm on . Prime Time (with applicable tax): $115/hour
days when school is in session) . Non-Prime Time (with applicable tax): $85/hour (11
Standard Size Rink = $52.50/hour a.m. to 2 p.m. on days when school is in session)
Olympic Size Rink = $55/hour
School District 272 physical education classes: $42.50
School District 272 physical education classes = (50% off non-prime time rate)
$27.50/hour
Summer ice time rental rates (June 1-Labor Day)
Summer ice time rental rates (June 1-Labor Day) (with
applicable tax) . Prime Time (with applicable tax): $110/hour
. Non-Prime Time (with applicable tax): $85/hour (11
Hours Rented Discount Actual Cost p.m. to 6 a.m.)
1 hour - 20 hours $5/hour $102.50/hr Summer ice time rental rate discount: $95/hour for
21 - 50 hours $10/hour $97.50/hour prime time and $70/hour for non-prime time if 125 hours
51 -99 hours $15/hour $92.50/hour or more of ice is purchased during the summer.
100 hours or more $20/hour $87.50/hour ,
Hockey Games: $115/hour (personnel required to run the '
Hockey Games: $105/hour (personnel required to run games supplied by others - City keeps the gate minus
the games supplied by others - school keeps 50% of ice time and personnel cost).
the gate minus ice time and personnel costs.)
Special Ice: For School District 272 Phy Ed classes
September - May, 7 a.m.-2 p.m. will be charged as
follows: $26.25/hour
For overnight group rentals, when renting the entire
Community Center, ice will be charged as follows:
$50/hour plus tax (when applicable)
w:
Monday -Thursday $55.00 $100.00 $50.00
Friday - Sunday $65.00 $120.00 $50.00
• All fees include tax. Half day hours: 9 a.m. to 3:00 p.m. or 4:00 to 10:00 p.m.
• Staring Park Amphitheatre: $50/hour- 2 hour minimum, plus $100 damage deposit
Lake
(includes tax)
November - March
• Staring Lake Park Building - no change recommended
• Homeward Hills Park Building - no change recommended
• Year Round
• Outdoor Center - $20/hour - 2 hour minimum (includes tax)
Equipment Rental (camping items)
No change recommended.
Equipment Rental (picnic kits)
No change recommended regarding fees and charges. However, staff recommends transferring
picnic kits and rental equipment from the Parks, Recreation and Facilities Department to the
Community Center for public distribution.
RATIONALE:
Round Lake Beach and Riley Lake Beach
Basic services are those that every tax payer is entitled to receive - playground programs, drop-
in recreation such as free skating and swimming beaches, as well as services for seniors and
the disabled. These programs and services guarantee all residents access to basic recreation
programs and facilities.
. The City could consider park entry fees which could cover park costs such as beach operations,
maintenance, ballfields, etc. However, additional costs would be incurred in implementing and
maintaining/controlling park fees.
Round Lake Marina
2
The recommended fee of $3/half hour actually reflects an increase in the existing fees charged
for marina rental items. However, staff felt users would be willing to pay a slight increase in
rental fee to be able to utilize the equipment on a half hour basis instead a minimum of one
hour.
Staff has reduced staffing of the marina in 1996 to decrease operation costs in an effort to break
even.
Outdoor Skating Rinks and Staring Lake Park Sliding Hill
The outdoor skating rinks and Staring Lake Park sliding hill would also be considered a basic
service that every taxpayer is entitled to receive, as indicated in the rationale for beaches.
Park Shelter Rental Facilities
The fee structure has not changed since August 1991. However, the winter fee structure for the
Staring Lake Park building and the Homeward Hills Park building were revised December 1,
1995, as indicated in the attachment titled Budget Impact Based on Recommended Changes. In
1995, over 100 user groups were unable to reserve a facility. By offering half day rentals, staff
would be able to maximize use of park shelter facilities.
Staff surveyed six local area communities to compare our fees and charges and determined that
the proposed structure and fees are comparative with other communities with similar facilities.
Upon request, a copy of the survey of surrounding communities can be provided. The
communities survey included Eagan, Golden Valley, Burnsville, Plymouth, Bloomington and
Shakopee.
Reservations are limited to Eden Prairie residents. Eden Prairie residents that work in a firm
or attend a church outside the city limits may reserve the facility for their company picnics,
church picnics, etc.
Equipment Rental (camping items)
N/A
Equipment Rental (picnic kits)
Our department should become more active in renting out recreation equipment to both facility
renters and the general public. The Eden Prairie Community Center would be a good choice,
since it is staffed seven days a week. Example of equipment that could be made available for
rental include: volleyball nets, small free standing canopies, softball, volleyball, boccie ball,
horseshoes, and other miscellaneous items.
3
SUMMARY OF BUDGET IMPACT:
Facility/Service 1996 Proposed Budget Impact
Round Lake Beach and Riley Lake Beach -0-
Round Lake Marina -0-
Outdoor Skating Rinks and Staring Lake Park Sliding Hill -0-
Park Shelter Rental Facilities $7,000
Equipment Rental (camping items) a modest income will be
earned for programs
Equipment Rental (picnic kits) a modest income will be
earned for programs
LH:mdd
Attachment: Budget Impact Based on Recommended Changes
changes/Laurie4
4
BUDGET IMPACT BASED ON RECOMMENDED CHA
11 � tytS±ec+P�c�,
N/A Staff recommends the beach operations to
Round Lake Beach & Riley Lake continue to be a 100% subsidy.
Beach
$4/hour for canoes & row boats Staff recommends a $3 per half hour fee for
Round Lake Marina $4/hour for paddle boats canoes, row boats, paddle boats and sailboats.
$6/per hour for sailboats
N/A Staff recommends the outdoor skating rinks and
Outdoor Skating Rinks & Staring Lake Park sliding hill continue to be a
Staring Lake Park Sliding Hill 100% subsidy.
April-October April-October
Park Shelter Rental. Facilities . Round Lake Park Bldg $80 Staff recommends the following fee structure for
. Round Lake Pavilion $80 park shelters at Round Lake Park, Staring Lake
. Staring Lake Park Bldg $80 Park, and Homeward Hills Park.
• Staring Lake Amphitheatre $100/3 hrs base
fee + sales tax Mon-Thurs half day fee $55 + $50 damage deposit
$25/hr each Mon-Thurs full day fee $100 + $50 damage deposit
additional hour + Fri-Sun half day fee $65 + $50 damage deposit
tax rounded to Fri-Sun full day fee $120 + $50 damage deposit
nearest dollar
All fees include tax
. Homeward Hills Building $25/first hour + Half day hours: 9 a.m.-3 p.m. or 4-10 p.m.,
$10 for each
additional hour Staff recommends the following fee for the
November-March Staring Lake Amphitheatre: $50/hr (2 hr
. Staring Lake Bldg $20/hr - 2 hour minimum) + $100 damage deposit (includes tax)
minimum
(supervision November-March
required) . Staring Lake Building - No Change
. Homeward Hills Bldg $10/hr - 2 hour . Homeward Hills Building - No Change
minimum
(supervision not Year Round
required) . Outdoor Center - $20/hr - 2 hr minimum
(includes tax)
Year Round
. Outdoor Center $25/first hour +
$10 each
additional hour
Refer to fee schedule for equipment rental. None
Equipment Rental (camping
items)
$15 Eliminate picnic kits and rent equipment out of
Equipment Rental (picnic kits) PRF Department through the EP Community Center.
{
•
MEMORANDUM
TO: Parks, Recreation and Natural Resources Commission
Mayor and City Council
THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities
FROM: Stuart A. FoxKanager of Parks and Natural Resources
DATE: December 12, 1995
SUBJECT: 1996 Tournament Costs/Fee Schedule
Attached is a lengthy memo that summarizes the background and recommendations made last
January regarding the number of tournaments, the fees associated with those, and the staff
guidelines regarding Sunday play. The staff would like to revisit the issue of costs, especially
in light of Miller Park becoming fully usable in 1996, as well as the continued increase in the
cost of maintenance associated with softball, baseball, and soccer tournaments.
Last year, the recommendation was to charge a fee of $50 per field per day for any national,
regional, or state tournaments. The fee of $25 per field per day was charged for local adult
softball tournaments and in-house youth tournaments. These fees were paid for by the
tournament sponsor and were charged according to the number of fields prepared for each day
of play.
DISCUSSION ITEMS FOR THE 1996 TOURNAMENT SEASON:
With the National Girls Fast Pitch Tournament being scheduled in August 1996, staff would like
to look at several factors that are going to be related to the cost of not only hosting this
tournament but also the increased costs that we are experiencing in providing maintenance for
other tournaments. The National Girls Softball Tournament will be spread over several days
with most of the activity taking place at Miller Park. This means that regular park maintenance
throughout the system will be occurring at the same time special maintenance associated with
operation of the tournament. Special needs the tournament will include trash hauling from the
area, daily maintenance of the fields after each tournament game to ensure ideal play surface,
and the crew on standby should it rain to quickly dry the fields so the time lost for the
tournament is minimal.
The staff has evaluated the costs associated with providing the various types of maintenance of
athletic fields for tournaments. The costs set forth in the February memo are still accurate.
This means that for some major tournaments the persons hosting are being subsidized between
100 and 500 percent of the maintenance costs. The staff is looking at ways of minimizing this
subsidy and would recommend the following:
RECOMMENDATIONS:
1. Not more than one Mode 1, or 1S, two or three level tournaments be held at Round Lake
Park or Miller Park on any given weekend during the summer. `
2. A fee of$60 per field per day be charged for national, regional, or state tournaments.
3. A fee of $35 per field per day for maintenance of fields for local adult softball
tournaments and youth in-house tournaments.
4. There be one free in-house tournament for each youth association.
5. If additional restroom/waste facilities are needed, these costs will be charged to the
tournament sponsor or they must arrange to hire a contractor.
6. The operation of any tournament should minimize the disruption to the Friday night adult
or Sunday afternoon adult leagues at Round Lake Park. Tournaments may be required
to lower the number of teams to accommodate Sunday league play at Round Lake Park.
7. To lower the subsidy to tournament activities, the staff will utilize full-time or seasonal
maintenance staff working at regular hourly costs, rather than calling in workers on
overtime to work tournaments.
Tourna/Stuart
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/8/94
SECTION: Director of Parks, Recreation & Natural Resources
ITEM NO.
DEPARTMENT: ITEM DESCRIPTION: Carrying Capacity of Round Lake Park & Costs
PRNR - Stuart A. Fox Associated with Tournaments and Major Events
PARKS, RECREATION&NATURAL RESOURCES COMMISSION RECOMMENDATIONS-
January 31, 1994 Meeting
On a vote of 6-0, the following was recommended in relation to Round Lake Park usage and tournament
fees:
1. Not more than one Mode I, Is, II or III level tournament be held at Round Lake Park on any
given weekend during the summer.
2. A fee of $50/field/day be charged for national, regional, or state tournaments to offset higher
maintenance costs.
3. A fee of$25/field/day be charged for tournaments requiring mode IV or V level maintenance.
4. That there be one free in-house tournament for each youth associations.
5. If additional restroom/waste facilities are needed because of the number of participants,
including spectators, that these costs be charged to the tournament sponsor.
6. The number of teams or size of any softball/baseball tournaments be limited to accommodate the
Sunday afternoon adult leagues. If not, appropriate measures should be taken so that youth
programs would forego use of some their fields to accommodate rescheduling the adult leagues.
BACKGROUND:
In mid summer of 1991 (copy attached) the staff put together a memo about ballfield reservations and
the need for a use policy. The result of the discussions that took place in 1991 was the implementation
of a straight fee to be charged for any softball/baseball tournaments. The fee is $25/field/day, if the
City supplies the labor to maintain those fields during the tournament. In addition, the girl's and boy's
associations were granted one State level tournament at no cost to their respective associations. Because
of the high level of maintenance that has been performed and the desirability of having top quality
facilities such as Round Lake available; namely, six softball fields, two baseball fields, and six soccer
fields, in one location it has become one of the premier facilities in the State to host tournaments.
During the past year, there have been several times at which the staff feels that the carrying capacity
for Round Lake Park to host specific events has been exceeded. Round Lake Park, as all of us know,
is one of the premier community parks that we have and its facilities, which include the swimming
beach, picnic facilities, hiking trails, tennis courts, horseshoe pits, sand volleyball courts, fishing pier,
basketball court, golf net, playstructures, and landscaped grounds attract people in large numbers during
1
the week, as well as the weekend times. When you combine this with the number of recreational lesson
programs that are conducted at the facility and special events that are held in conjunction with
celebrations such as the 4th of July, Schooner Days and Lions Corn Feed, this park can attract
thousands of individuals on a weekend. A complete summary of tournaments and major events which
occurred at Round Lake during 1993 is as attached to this memo.
RENTAL FACILITIES AT ROUND LAKE:
Currently, there two rental facilities at Round Lake Park; one being the pavilion adjacent to the tennis
court and the other being the park shelter building and oak grove picnic area. These two particular
rental areas are available only on weekends and only if the facility is not being used by a tournament
or other special type of event which would utilize that particular area. In addition, the recommendation
has been made by the staff that only one reservation area be utilized on weekends when rain makeup
games are scheduled for the adult softball leagues. The reason for doing this is that the amount of
parking at Round Lake Park is limited and when too many events or rental groups utilize the area there
is not sufficient room for them to park vehicles properly.
Because of special events and softball tournaments, these rental facilities were only available a limited
number of times and the breakdown is as follows:
• Thirty-two possible reservation dates available between Memorial Day and labor Day.
• Fifteen dates reserved for special events. No facilities available for rental.
• Three dates only one rental facility was available.
• Fourteen dates on which both facilities were available.
As you will note from these figures, almost 50% of the time during the summer the rental facilities
were not available due to conflicts with other activities that took up parking within the park area.
MODES/LEVELS OF ATHLETIC FIELD MAINTENANCE:
The requests from the Girl's and Boy's Athletic Associations have become more sophisticated and
reflective of the higher level of tournaments that each are holding at the Round Lake facility. In the
past two years, a number of state, regional, and national qualifiers have been hosted at Round Lake
Park, and for these upper levels of competition a higher level of maintenance is required. As a result,
the park maintenance division has informally implemented five levels of athletic field maintenance based
on the type of tournament that is going to be held on a particular weekend. A description of the
different modes or levels of maintenance and their associated costs is as follows:
Modes/Levels of Athletic Field Maintenance
Mode Description of Maintenance
I Maintenance of fields for regional/national type tournaments - Top level of softball field
maintenance. Fields crowned prior to play, extra mowing, field lines painted just prior
to tournament, install temporary fencing, additional portable toilet facilities, fields
maintained (dragged/lined, etc.) every game, change in base distance and pitching
rubbers, police assistance for traffic, trash removal, and cleanup.
2
Typical cost to perform maintenance of 6 fields for tournament (labor and materials only)
= $3,000.
Is Special setup for invitational soccer tournament - New lining for 8 soccer fields, move
appropriate soccer goals to new fields, maintain 12 existing fields for 2-3 additional
weeks so that lines do not fade, put up "no parking signs" to protect turf areas, extra
trash removal.
Typical cost to perform maintenance for tournaments (labor and material only) =
$1,850.
II Maintenance of fields for youth State tournaments - Fields are crowned prior to play,
extra mowing, paint foul and out of play lines,bases and pitching rubbers changed, fields
maintained (dragged/lines, etc.) after each game, trash removal, and facility cleanup.
Typical cost to perform maintenance on 6 fields for tournament (labor and materials
only) = $1,200.
III Maintenance of fields for adult State tournaments - Fields are crowned prior to play,
extra mowing, paint foul/out of play lines, fields maintained on an as time available
basis, trash removed and facility. cleanup.
Typical cost to perform maintenance on 6 fields for tournament (labor andmaterial only)
$800.
IV Maintenance of fields for local adult softball tournaments - Fields mowed prior to
tournament, paint foul/out of play lines, fields maintained on an as time available basis,
trash removal and facility cleanup.
Typical cost to perform maintenance on 6 fields for tournament (labor and materials
only) = $450
V Maintenance of fields for in-house youth tournaments - Normal mowing schedule, foul
lines prior to 1st game of play, fields dragged mid-day, trash removal and cleanup.
Typical cost to perform maintenance on 6 fields for tournament (labor and materials
only) = $100
PROBLEMS/CONCERNS RELATED TO INTENSE USE OF ROUND LAKE PARK FACILITIES
1. Parking - Last year several large softball, baseball, and soccer events were held on the same
weekend. This resulted in major parking problems for the participants of the tournaments, as
well as deterring a number of people from utilizing the general facilities for the park because
there was no place for them to park, or vehicles parked illegally on the grass or blocked fire
lanes.
2. Preparation time needed for Mode I, Is, and II type tournaments require extensive maintenance
3
time above and beyond that which is normal for Round Lake Park, usually 3-5 days of work
prior to the tournament by 6 - 10 maintenance employees. What this means is that other
maintenance jobs are delayed or get done late because of the concentrated effort to prepare fields
for special events and tournaments.
3. The amount of toilet facilities for the increased participants. Because there are only two
restrooms with running water, most participants at Round Lake Park must rely on portable
facilities which have the capacity of 320 uses per day. Utilizing this standard, it was often
necessary to bring in additional toilets at a cost of $46 per weekend to accommodate the
increased crowds that were anticipated because of these tournaments. This cost is one that is
difficult to forecast because at the time that the budget is put together we are not aware exactly
how many tournaments and special events may be held the following year at Round Lake.
4. Impact on the adult softball programs. Currently, there are adult softball leagues that utilize the
Round Lake facilities on Friday nights and Sunday afternoons. Currently, the adult programs
utilize 8 softball fields within the park system; six of which area at Round Lake Park. When
tournaments occur on weekends, this presents a problem when trying to move adults to other
fields because the facilities at Round Lake are the ones most appropriately sized for adult play
and most of the neighborhood parks and other facilities are utilized for youth programs.
Because of rain delays or delays in completion of games several of the Sunday adult programs
have had delays in their normal starting times, or have had to be moved to a different facility
or day.
One of the additional reasons for bringing up the concerns related to the use of Round Lake Park, as
well as the costs associated with the higher level of maintenance expected with some of the upper
division tournaments that are currently being proposed, is that in 1995 Miller Park will come on line
as another facility which will be capable of hosting tournaments. In order for the maintenance division
to provide quality facilities for tournaments, it is imperative that guidelines and fees be established to
assist in the operation and care of these particular facilities. The ultimate goal is to have facilities that
are functional, safe, and representative of the high quality work that went into their design and
construction.
RECOMMENDATIONS:
The staff again would like to reiterate that any input that the Commission may have related to
recommendations as to fees or usage of Round Lake Park in relationship to softball/baseball tournaments
is welcomed. The staff would make a couple of recommendations and those are as follows:
1. Not more than one Mode I, Is, II, or III level tournaments be held at Round Lake Park on any
given weekend during the summer.
2. A fee be charged for the national, regional, or state tournaments that is proportionate to the
higher maintenance costs.
3. A fee of$25 per field per day continue to be charged for tournaments requiring the Mode IV
or V level of maintenance.
4
4. There be no free tournaments to any of the youth associations.
5. If additional restroom facilities are needed because of the projected size of the tournament,
including anticipated crowds, that these fees costs be charged to the particular tournament
sponsor.
6. The number of teams or size of the tournaments be limited to accommodate the Sunday adult
leagues and, if not, that appropriate measures be taken well in advance of the tournament so that
the youth programs forego the usage of some of their fields in lieu of tournaments at Round
Lake Park to accommodate rescheduling the adult league on those fields.
Attachments
SAF:mdd
ballcost/Stuart60
5
TOURNAMENT FIELD USE/MAINTENANCE FEE SUMMARY
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Eden Prairie Baseball&Softball None Yes $25/day/field adult& youth (FMF) • youth receive o
(current) None
Soccer None --- • current fee scht
Eden Prairie Baseball&Softball None Yes $25/day/field mode IV & V adult& youth (FMF) • in-house progra
(proposed) $50/day/field mode I, II, III receive one fret
Soccer None No $50/day - setup new fields adult& youth (FMF) waive(FMF)
Hopkins/Mtka Softball $145 day/facility- (2-3 fields/facility) Yes None - maint is provided in Adult - (FUF) • youth use Big
' ($48 to $72/field/day) City sponsored tournaments (no youth • only one 90' b:
Baseball $20/game; $30/game with lights Yes included in(FUF) tournaments)
adult& youth (FUF) • Soccer League
Soccer None --- None
Plymouth Baseball&Softball $66/field/day Yes $8.50/hour/person adult & youth (FUF • additional chart
maintenance when time & FMF PA, portable to
available during tournament
Soccer $96/field/day Yes adult& youth (FUF • if new fields ar
$8.50/hour/person & FMF) charged for cos
Bloomington Baseball&Softball $20/team in tournament Yes (no none (do not provide) adult (FUF) • youth have 1st
lines) youth - no charge
Burnsville Softball&Baseball $285 Saturday (6 fields) Yes $6.50/hr seasonal, $20/hr F.T. adult (FUF) • off field by 5 p
(youth) ($47.50/field/day) (paid if maintenance is , youth - 1st • concession stan
$210 - Sunday ($35/field/day) requested) tournament free
Baseball(adult) - SEE NOTES - • adult baseball u
maintained by t
Soccer no charge for using league fields
(charged for setting up additional Youth (FUF) • pay for additioi
fields)
Maple Grove Softball $30/field/day (4 fields) No $700/weekend adult& youth (FUF) • youth- no chai
(additional$225/weekend for daily (2 maintenance workers) • off fields by 5
setup) .
MEMORANDUM
TO: Bob Lambert, Director
Parks, Recreation and Facilities Department
FROM: Barbara Penning Cross 4-t-/
Manager of Facilities
DATE: December 13, 1995
SUBJECT: City Center Fees and Rental Policy
BACKGROUND:
The City Center has a number of meeting rooms that are available by reservation. City Government
has priority use of all rooms. The City encourages use of the facility by other agencies when not
reserved by the City. The rooms are used generally use twice a day and booked at least two to three
months in advance. We have several local businesses as well as other government agencies utilizing
this space on a regular basis.
The City has been collecting fees for room rentals within the City Center for the past two and half
years. The policy was generated and adopted without the benefit of having an established history
to monitor use and costs associated with rentals.
In the past year a Facilities Division was formed and the reservations and maintenance are now part
of the same division. Staff has observed and calculated direct operating costs for use of the
facilities. Although analyzing operation costs will be an on-going pursuit, we have identified the
major costs associated with room rentals.
Room Set-up
Each room is set-up for the requested arrangement. Many of the set-ups at this time are
unique for each group, requiring extra tables and chairs.
Equipment Use/Delivery
Most rooms are set-up prior to rental time. Equipment such as overhead projectors and PA
systems cannot be put in the room for security concerns. This equipment must be taken to
the room just prior to the meeting.
Directional Signage
Extra signage is often requested or required to help direct people to the assigned room.
•
Building Monitor
A staff person is necessary to open/close the building and to monitor activities during the
rental
Clean-up
The amount of time for clean-up varies considerable depending upon the group and the type
of meeting. Some set-ups can remain in place for more than one meeting, although
vacuuming and dusting are necessary. Other groups may leave food on walls or pressed into
the carpeting, coffee/punch spilled on the carpet, dirty dishes, etc. all requiring extra
cleaning time.
Indirect costs are also associated with a reserved room;these items would include:
Reservations
City Center facility rentals are on a computerized reservation system for ease of record
keeping. Customer service time is required to explain our policy and show our facilities to
customers. It is not unusual for a customer to call more than once, then visit the facility two
to three times before finally booking the room.
Building Wear and Tear
High volume use of the facility (35,000 as of December, 1994) directly relates to increased
maintenance for rental rooms as well as the whole facility. General daily cleaning, carpet
cleaning/replacement, painting and repairs are necessary and more frequent with high use.
Equipment Wear and Tear
As with the facility, audio-visual equipment will need more frequent repair/replacement with
high use. As rentals increase, the need for additional equipment will be evaluated.
Lights. Heat and Air-conditioning
The cost of heat, air-conditioning and lights are also indirect costs. Weekend use eliminates
the option of fully utilizing our energy management system.
Our custodians, hired to clean the City Center, spend five out of eight hours setting up rooms for use.
Cleaning and maintaining the building, although their primary responsibilities have become secondary to
accommodating rentals. Additional cleaning staff will soon become necessary unless services are
restructured or costs of rentals are covered by the rental group.
Staff has looked at other municipalities,the Eden Prairie School District, large/small conference centers and
other facilities for insight on fees and policies. These proposed changes to the reservation policy and fee
structure are based on the experience gained by our facilities staff and inclusion of other rental facilities'
guidelines and policies.
Major changes proposed to the City's reservation policy include:
1. Restructuring of Group Classification-. This change will simplify the reservation process
and allow fees to be set to recover direct costs associated with reservations. The proposed
Group Classification restructuring is as follows and priorities are in descending order.
I. City Government/Governmental Business
This classification includes City Council, City Commissions, programs, and other
City events. A 100% subsidy of this group will remain in place.
II. Public Agencies, Civic and Non-profit Groups
These organizations generally have some discretionary funding, but often work for
betterment of the community. Proposed charges for this group are based on the
organization paying only direct charges for room rental.
Since the following groups work for the betterment of the community and have
some discretionary funds, staff gruoped organizations such as Southwest Metro
Transit, Chamber of Commerce, Lions,Homeowner Associations,youth and
religious organizations, have been grouped together. The School district is
included in this group; although it should be noted they charge the City 50%of the
rental fee for a business/resident plus costs for a building supervisor.
III. Eden Prairie Residents and Businesses
A large share of the reservations are for business meetings, training sessions,or large
banquets/parties utilizing the whole Heritage Room. Fees have been structured to
recover direct costs as well as to be comparable to similar neighboring facilities.
IV. Non-resident Individuals and Businesses
A number of non-resident businesses use our facility since it is less expensive to rent
than other facilities. Proposed rental fees will begin to cover expenses and reflect
market rates for comparable facilities.
2. Catering Contract -
The Garden Room within the City Center complex is now leased to Sisinni Food Services
(SFS), and operated under SFS management. A signed contract between the City and SFS
defines the parameters of the building use.
3. Alcohol Policy -
The proposed policy(as well as the contract with SFS) states that any hard liquor within the
City Center must be distributed by a licensed beverage provider. Beer and wine, including
sparkling wine, may be given away by the rental party.
4. Fees -
In determining proposed fees, staff reviewed many other rental facilities. Fee structures for
similar facilities in the suburban metro area vary considerably depending on what is included
in the rental fee. Some fees include all costs on an hourly basis and some define a base rate
with extra fees for set-up, clean-up, building supervision and even air-conditioning.
The fees the facility staff are proposing would have set-up,building supervisor, and clean-up
incorporated into the fee. Proposed rates are still competitive with other facilities and the one
billing rate makes the reservation and billing process much simpler. The proposed fee
schedule is attached.
A rental fee for audio-visual equipment is also proposed. Currently, we not only let any
rental group use the equipment free of charge, it is also placed in the room prior to set-up
(for.security reasons.) The fee is proposed to go into a fund for equipment replacement
and/or purchase new equipment.
The current policy does not have provisions to include a damage deposit with the facility
rental fee. The Facility Division has absorbed the cost of repainting walls, carpet and
upholstery cleaning, and various other repairs and maintenance items caused by rental
groups. The proposed policy includes a $200 damage deposit by Group II and Group III.
mfeepolc •
Proposed Revision
of
Policy Statement
The Eden Prairie City Center is operated by the City of Eden Prairie under the following policies and
guidelines adopted by the Eden Prairie City Council. The Council recognizes the value of these
facilities available to serve Eden Prairie residents,civic and religious groups and businesses.
The intent of this policy is to promote regular and active use of the facilities. It outlines scheduling
procedures,group classification,rental charges, and sets rules and regulations for use of the facility.
Rental charges are based on the staffing, set-ups and maintenance costs, as well as the market rates
for similar facilities.
The rental facilities include City Center meeting rooms, a traditional training room, the Heritage
Room(s), Council Chamber and upper level conference rooms.
Priority Rental Classifications
Government- Any activity related to the operations of Eden Prairie's City government including,
but not limited to, City Council, board and commission meetings, City programs and events, City
sponsored public meetings, as well as State and County related committees, including Minnesota's
federal and state representatives. People Reaching Other People (PROP) shall be included as the
City's non-profit social services/food shelf agency.
Group I-Public agencies, School District 272,civic organizations,S.W.Metro Transit,non-profit
professional groups with City representation, Eden Prairie based groups which contribute to the well
being and beterment of the community, and those businesses currently working with City projects.
Group II- *Eden Prairie residents and businesses.
Group III (Non-community) - Non-resident individuals, groups, commercial, non-profit, and
business organizations.
*A Community Group is Eden Prairie based if the user group has its mailing address or headquarters
in the City of Eden Prairie, or has at least 75%of its'membership roster residing in Eden Prairie.
NOTE: Eden Prairie residents and businesses may NOT make reservations for non-residents and
non-Eden Prairie based businesses.
1
Regulations of City Center Rental Facilities
I. Scheduling,Liability and Damage Deposit
A. Scheduling
i. Groups or individuals wishing to use the City Center facilities shall make
arrangements through the City Center Reservation Desk. The Garden Room
shall be reserved through City's designated caterer. All City-sponsored
meetings,events and activities will have priority to outside groups.
ii. Scheduling will be on a first-come first-serve basis following the priority
classification outlined in this policy. The minimum age to rent facilities is
eighteen(18)years. A minimum notice of 24 hours is required.
iii. All meeting rooms may be scheduled up to three months in advance. The
Council Chamber may be reserved no more than 30 days in advance and is
subject to cancellation,rescheduling and/or moved to another location within
available City Center facilities. If no other accommodation can be made, a
100%refund will be made.
iv. Rental hours shall be figured from the time the renter enters the space to the
time of departure.
v. Residents may not reserve any meeting room or facility for a non-resident
and/or business. The City reserves the right to restrict the number of dates an
individual or group may reserve. This is to ensure that one group does not
dominate use of a particular room or facility.
vi. If deemed necessary, the City reserves the right to substitute a meeting room
other than that stated on the Building Permit, in order to minimize conflicts
of compatibility, space, and scheduling.
B. Reservation, Special Use Fee and Damage Deposit
i. The reservation fee is required for all chargeable rentals and must be paid at
the time the reservation is made. Payment is the renter's confirmation of
reserved space. (See Rental Fee Structure)
ii. In some instances, a special user fee may be required. This fee will be applied
to cover unusual anticipated expenses, such as excessive clean-up, unusual
set-up,excess electricity or phone usage,and/or damages associated with the
user's program or event. The special user fee is payable at the time the
reservation is made and will be held until it is been determined by the City if
any or all of the fee was used. Any unused balance will be returned to the
user.
iii. A$200 Damage Deposit, in addition to the rental fee, shall be made by Group
II and Group III. This fee shall be returned within one (1) week after the
event if no deductions are necessary.
2
C. Cancellation Policy
i. The reservation fee is refundable if cancellation notice is received no less than
30 days of the scheduled event.
ii. Reservations are confirmed only when the Building Contract is signed and
returned with full payment. Space is not "held"open.
iii. In the event of an emergency, the City reserves the right to cancel any
activities. Reservations fees will be returned accordingly.
D. Liability and Damage
i. All organizations, groups, or individuals using the City Center may be
requested to sign a waiver of liability on a form provided by the City and
provide a Certificate of Insurance as proof of liability coverage.
ii. The City will not assume liability for loss or damage to property belonging to
an organization or group.
iii. Any organization, group, or individual reserving space shall be fully
responsible for any damage to that space or equipment and any unlawful acts
associated with the user's program or event. Any damages to facilities or
equipment must be reported immediately to staff on duty. The City reserves
the right to cancel future reservations.
E. Room Regulations, Supervision and Security
i. General hours of operation are: Monday through Thursday, 7:30 a.m. to 10
p.m. and Friday, 7:30 a.m. to 6 p.m. Special arrangements can be made for
Saturdays 8 a.m. to 12 Midnight and Sundays.
ii. City Center is a smoke free building. Use of tobacco is prohibited. The City
reserves the right to close or reject a user in the case of regulation abuse.
iii. Every User of the facility must be under competent adult leadership. The
user shall assume full responsibility for the group's conduct and for any
damage to the building or equipment. Children must be kept under direct
supervision of adults at all times and kept confined to the reserved area of the
user group. The City will not assume liability for unsupervised children. The
City will be paid for any damages or additional cleaning for any costs incurred
as a result of unsupervised youth.
iv. If deemed necessary because of the type of function or activity, the City
reserves the right to assign a room attendant and/or licensed police officer for
a user group, and the cost will be paid by the user.
3
v. Meetings and activities must be confined to the areas reserved for their use.
vi. Disorderly conduct shall be grounds for immediate termination of the
activity/event without refund. This will be determined by City staff or a
licensed Eden Prairie police officer.
vii. Food and beverages are not permitted in the Council Chamber. Beverages
and light snacks only are allowed in the Training Room.
(Snacks are defined as finger foods.)
viii. Rented space and common areas must be left in an orderly condition. If
additional time beyond normal cleaning is required,an additional charge for
personnel and cleaning supplies costs will be made.
ix. Meetings and activities appropriate for this business environment and are
compatible in nature to each other are scheduled accordingly and encouraged
to have respect for each other's space.
x. Violations of these regulations may result in denial of future use of the City
Center facilities. Denial of use does not exempt violators from possible
prosecution under applicable City ordinances, State or Federal laws.
II. Food and Beverage Service
A. Food Service(Catering)
i. Full meals and beverage service for meetings in the Heritage Room(s)and for
meetings in the Training Room will be handled by the City's designated
caterer. Any food required for any event in the Garden Room and Guest
Dining Room must be handled through the City's designated caterer.
ii. Arrangements for catering services shall be made directly between the renter
and the City's designated catering service.
iii. Some rental spaces have food and beverage restrictions. (See Section I, E.
vii.) There shall be no red punch served in any of the rental rooms.
B. Alcoholic Beverage Service
i. Intoxicating liquor may be dispensed to persons attending a convention,
banquet, conference,meeting or social affair in the City Center,by the holder
of a retail,on-sale intoxicating liquor license issued by the City of Eden Prairie
or an adjacent municipality who has been engaged to dispense intoxicating
liquor at an event held by a person or organization permitted to use the City
Center.
ii. Intoxicating liquor may be dispensed by an organization which holds an
intoxicating on-sale license for the on-sale intoxicating liquor in the City
Center to members and bona fide guests.
4
iii. Beer and wine,including sparkling wines and champagnes,may be given by
a host to the host's guests at a social event,provided that the host may not sell
or engage in a sale of such beverages to the guests.
iv. Alcoholic beverages may only be served as an accompaniment to the City
Center catering services.
v.. Beer,wine and other alcoholic beverages may be served in the Garden Room
or other designated areas.
vi. Beer and wine may only be served until 10:30 p.m. on week nights(Sunday
through Thursday) and 12 Midnight on Friday and Saturday evenings.
III. Special Activity Events
A. Fundraising/Charitable Gambling Activities
i. The City will allow the City Center facility to be used for limited fundraising
activities with pre-approval by the Parks,Recreation& Facility Department.
Renters with activities involving licensed charitable gambling (not a licensed
gaming company) must demonstrate meeting State requirements and will
request City Council approval. Requests must come before the City Council
(through the Parks,Recreation&Facilities Department) at least 45 days prior
to the event date.
ii. Only public agencies, civic groups, non-profit and resident groups may
conduct fund raising activities at Eden Prairie City Center. Fund raising
activities include: selling articles on-site, advanced ticket sales or any other
means of collecting monies for a particular purpose or group.
iii. At the discretion of the City, any group conducting a fundraiser will be
charged a pre-determined hourly rate by the City to cover costs of set-up,
maintenance, cleaning and security of the City Center areas utilized for the
event. A damage deposit is required.
IV. Decorations
A. A Decoration plan and installation methods must be pre-approved.
i. The City reserves the right to remove all decorations which do not meet a pre-
approved plan. Any decorating time must be included in the rental hours.
ii. Drafting tape ONLY shall be used on flat painted walls.
iii. Any other tables, chairs, dance floor, staging or other props brought in from
other sources will not be stored in City Center facilities, and shall be brought
in oily during rental hours; and must be removed from the facility at the end
of the rental time or at the beginning of the first business day following event.
5
iv. Labor and tools are not available to assist putting up decorations, extra set-
ups and props.
v. Only candles secured within a chimney, to ensure no open flame, are
permitted.
vi. Clean-up of all decorations is required by user. An additional damage deposit
will be required to ensure adequate clean-up.
vii. Neglect of these requests can require an additional fee for damage and clean-
up done by City personnel and may negate any future use of the City Center
facilities.
6
Proposed 1996
Eden Prairie City Center Room Rental Fee Structure
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AG ? ; Limited Set-up No Charge with $15/hour $20/hour
,.: Maximum capacity=40 Standard Set-up
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timwappie
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25/hour each addl.hour $25/hour each add'I.hour
IMIAININGiactowii Standard Class Room $20/hour $30/hour $30/hour-4 hour minimum
:HMM`<:: Standard Conference=
18 No Charge $25 Evening $15/hour
After 4:30-10 p.m.,
MondayFriday
-F da Y
Limited Availabilit
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Ci ty Prio
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Standard Set-up $50/hour Restricted Use Restricted Use
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is e AV
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..........................................
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After 4:30-10 p.m,
iNganaggigginb Monday Friday
LimitedAvailability val ila bdity
City Priority
Standard Conference=8
FEN : :: After 4:30-10 p.m. No Charge $25 $15/hour
Monday-Friday
Limited Availability
CityPriority
ty
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After 4:30-10 p.m. No Charge $25 $15/hour
Monday-Friday
imi Ava
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OWERM IIU CM Limited Availability
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a C acit 100
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P 9
Reservations:96resfee
/947 L —/99.6.— Attachment i
Eden Prairie City Center Room Rental Fee Structure
COMMUNITY COMMUNITY COMMUNITY NON COMMUNITY NON COMMUNITY
GROUP I GROUP II GROUP III GROUP I GROUPii
m
e .
E NOT AVAILABLE NOT AVAILABLE NOT AVAILABLE NOT AVAILABLE NOT AVAILABLE
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0 0
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W
q
d RESTRICTED USE RESTRICTED USE RESTRICTED USE RESTRICTED USE RESTRICTED USE
rd. $40.00(1st 4 hrs) $80.00(1st 4 hrs) $100.00(1st 4 hrs)
.a $10.00 each add'I hr. $20.00 each add.'hr. $25.00 each add'l hr.
u Charge for Charge for Charge for Charge for Charge for
oAV Technician AV Technician AV Technician AV Technician AV Technician
tJ if required. if required. if required. if required. if required.
IMonday- Friday 7:00 a.m.-4:30 p.m. Evenings 4:30 p.m.- 10:00 p.m. and weekends
* Users will be charged for building personnel services
for weekend use.
Rev:5/12/94
Attachment II
/g94L —/9 95—
Sisinni Food Service
Room Rental Fee Structure
COMMUNITY COMMUNITY COMMUNITY NON COMMUNITY NON COMMUNITY
GROUPI GROUP I! GROUP III GROUPI GROUP II
Restricted Restricted Restricted Restricted Restricted
Availability* Availability* Availability* Availability* Availability*
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DATE: 12/19/95
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO:II E.1,
SECTION: Director of Public Works
DEPARTMENT: ITEM DESCRIPTION:
Public Works Discussion of Development Fees
Eugene A. Dietz
Discussion:
Request, review and consider implementation of an engineering fee upon privately developed
improvement projects to be calculated at 5% of construction costs
Background:
Attached is a December 1, 1995 memorandum from City Engineer, Alan Gray, that proposes
a 5% engineering fee that would be applied against all privately financed public improvements
in the community. The report concludes that the application of that fee in 1994 would have
produced approximately $417,000 worth of revenue to offset the estimated $450,000 costs
incurred in the Engineering Division for administration, review and inspection of public
improvements. The information includes comparisons from other communities -- basically
showing that our developing peers cover their costs for these efforts.
I will be prepared to address this issue in more depth at the December 19, 1995 Council Meeting
and will also bring forward information on the following subjects:
• GENERAL DISCUSSION ON THE ENTERPRISE BUDGETS OF WATER, SEWER AND STORM
WATER.
• WATER RATES FOR 1996
• SEWER ACCESS AND WATER ACCESS CHARGES
• ASSESSMENT RATES
X>; i; /, /
- MEMORANDUM -
TO: Gene Dietz, P.E., Director of Public Works
FROM: Alan Gray, P.E., City Engineer
DATE: December 1, 1995
SUBJECT: Analysis of Engineering Fees
This memo will provide an analysis of the cost of Engineering Division services to development projects and the
relationship of service cost to fee. A very significant portion of the Engineering Division's resources are
allocated to guiding the continued development of Eden Prairie. The Engineering Division deals primarily with
the four major infrastructure systems consisting of transportation facilities, water distribution, waste water
collection, and storm water management. The Division provides the overall planning, coordination and quality
management of the design and construction phases for each of these infrastructure systems.
The major activities of Engineering Division staff which support the continuing development of the City and its
infrastructure systems may be summarized as follows:
• The Division provides overall planning of the infrastructure system network. Currently the Division is
concentrating on planning systems for the area south of Pioneer Trail and west of Flying Cloud Field.
• Division staff review preliminary plats, preliminary grading plans, and preliminary utility plans for each
newly proposed project within the community. Each new project is like a piece in a large jig-saw puzzle
of our infrastructure systems. Visualize creating a large jig-saw puzzle by beginning with blank jig-saw
pieces and a preliminary sketch of what the final picture will look like. Each piece is then individually
painted and assembled to create the whole puzzle. The developer of a project is interested in ensuring
that their individual piece is attractive and functional. We are interested in that aspect and seeing that
the individual piece is compatible with the immediately surrounding adjacent pieces and all the other
pieces in the puzzle to create a smooth and functioning system.
• The Division assists in the preparation of development agreements for approved projects.
• The Division has prepared a guide specification and construction details to be utilized in the preparation
of construction plans and specifications. The guide specifications and construction details are reviewed
and updated annually.
• The Division reviews and processes final plats that are presented to Council for approval.
• The Division monitors the quality assurance process during the construction phase of new projects.
• The Division conducts final inspections of completed projects and administers the process by which the
City accepts for ownership and maintenance new segments of its infrastructure systems.
• The Division staff works with contractors,developers, and adjacent property owners to resolve issues that
arise during the design and construction of new projects.
• Division staff diagnose problems that occasionally arise after the construction of new projects and assist
in the development of appropriate solutions.
• The Division staff update City maps and records to reflect the addition of new projects.
• The Division maintains a system of record drawings for each of the major infrastructure systems.
• When special assessments have been levied to land parcels prior to their development, Division staff
perform assessment divisions with input from developers and provide reports to Hennepin County for the
distribution of levied assessments to the new land parcels created by the project.
• Division staff answer a significant number of inquiries from perspective residents regarding the character
and location of the neighborhoods they are considering and particularly future plans for highway
improvements that may affect these areas.
In order to evaluate the relationship between the City's cost for the Engineering Division's functions as outlined
above, and fees charged by the Division for these functions, we have reviewed data available from calendar year
1994. Table I, attached to this memo, shows salary cost data from the year-end budget report for the Engineering
Division. The 1994 data was selected for evaluation since it is the most recent year for which complete data is
available. The first column lists the major activities to which Engineering Division personnel coded time in
calendar year 1994. The second column lists the total salary cost assignable to each of the major activities. The
third column lists an estimated percent of total time or cost for each activity that is estimated as assignable to the
activities listed above in this memo. The fourth column then lists the actual salary cost attributable to
development activities. The total salary cost for the Division in 1994 was $597,090. It is estimated that 58%
of this total cost or $346,370 should be assigned to services which support the development activity within the
City.
In accordance with the City's Fee Resolution, the Engineering Division charges a fee for grading permits under
Section 2.21 of the Fee Resolution and a fee for services to land developers under Section 3.3 of the Fee
Resolution. The total fees collected in 1994,under these two sections of the Fee Resolution, are shown on Table
2 attached to this memo. Fourteen grading permits were issued with fees totaling$6,048, and 26 final plats were
processed with fees totaling $38,379. Total fees collected by the Engineering Division in 1994 were $44,427.
Based on a salary cost attributable to development services of $346,370, and a salary over at a rate of
approximately 30% is estimated that the City's cost to provide Engineering Division personnel to administer the
development process was approximately $450,000 in calendar year 1994. There appears to be a significant gap
between the cost of functions performed by the Engineering Division relative to development and fees collected
by the Engineering Division for development activities.
In evaluating the fees charged by the Engineering Division and other City departments relative to the development
process, there appears to be a significant difference when a developer completes the preliminary review process,
signs the development agreement and then proceeds to privately construct the public infrastructure which supports
the project. At this point in the development process the developer may petition for the public improvements.
The City would construct said improvements and assess the construction,design and inspection costs with interest
and a 9% administrative fee. In recent years very few projects have proceeded via the petition process.
Developers are able to obtain private financing at competitive interest rates and thus eliminate the administrative
fee.
x'/. 43
An administrative fee equal to 9% of the construction cost of public infrastructure is assessed when the petitions
process is used. A similar administrative fee based on a percent of the value of public infrastructure may also
be appropriate when the public infrastructure is constructed by the developer. This would offset the Engineering
Division's cost for detailed plan review and administration of this process. If you refer back to the major
activities of the Engineering Division relative to the development process, all of the activities listed after the
review and processing of final plats are required when infrastructure is installed via the petition process or by
a private process. In 1994,$7,450,000,in public infrastructure was installed via the private construction contract
process and turned over to the City for ownership and maintenance. A 5% administrative fee assigned to this
public infrastructure, for the activities performed by the Engineering Division relative to its development, would
have added $372,500 in revenue to the City. This together with the$44,427 in grading permits and plat review
fees would raise total revenues for 1994 to$416,927, which is significantly closer to the$450,281 estimated cost
for engineering functions attributable to the development process.
Based on this analysis of 1994 engineering costs and fees related to the development process, it is recommended
that Council consider adding an administrative fee of 5% of construction costs for all projects involving the
private construction of public infrastructure. The administrative fee for the petition process may remain at 9%.
Developers would still have the flexibility of selecting either the petition process or the private process for public
infrastructure improvements. The new administrative fee would make the two tracks more comparable in price.
In the petition process the administrative fee is 9%, but the interest rate during construction is likely less than
the cost of capital borrowed privately due to the City's low bonding rate.
Table 3, attached to this memo, summarizes fees charged by five other suburban cities. Each of these cities have
fee schedules designed to fully recover the cost of engineering personnel involved with development projects.
ADG:ssa
Dsk:AG.Fees.Eng
�- 7.
TABLE 1
1994 ENGINEERING SALARY COSTS
ACTIVITY TOTAL COST DEVELOPMENT COSTS
PERCENT AMOUNT
Land Development $ 257,500 80 $ 206,000
Maps and Records $ 82,650 60 $ 49,590
Special Assessments $ 22,310 30 $ 6,690
Other $ 136,840 20 $ 27,370
Subtotal $ 499,300 58 $289,650
Leave $ 97,790 58 $ 56,720
TOTAL $ 597,090 (1) $ 346,370
1 Salary cost does not include salary overhead and direct overhead expenses assiciated with Engineering
Division staff.
TABLE 2
1994 ENGINEERING DEVELOPMENT FEES
ACTIVITY NO. PROJECTS TOTAL FEES
Grading Permits 14 $ 6,048
Review Fees 26 $ 38,379
TOTAL $ 44,427
XL £ IS�
TABLE 3
SURVEY OF WHAT OTHER METRO AREA CITIES CHARGE
CITY ENGINEERING/ADMINISTRATION FEES ASSOCIATED WITH PUBLIC
IMPROVEMENTS
City of Eagan The City of Eagan charges a Development Contract Management Deposit in
situations where the developer has determined to install any public streets of
utility improvements privately. The Development Contract Management Deposit
is used by the city to cover inspection, development agreement compliance,
construction coordination, administrative costs for city approval and/or acceptance
of privately installed city improvements, and all other development related
requirements. The following is a breakdown of this Deposit Agreement:
Construction Costs Deposit
$ 0 - $150,000 8% ($ 1,000 min)
$150,001 - $500,000 6% ($12,000 min)
$500,001 + 5% ($30,000 min)
Eagan then determines all of its costs, including both administrative and
consulting services, at the rates listed in their most current fee schedule and these
costs are then billed directly to this Deposit Agreement.
City of Chanhassen The City of Chanhassen charges an administrative fee in conjunction with the
installation of the public improvements. This fee covers the cost of city staff time
and overhead for items such as review of construction documents, preparation of
the development contract, monitoring construction progress, processing pay
requests, processing security reductions, and final acceptance of the public
improvements. The fee is calculated as a percentage of construction costs for the
public improvements as follows:
3% of construction costs for the first $500,000; 2% for remainder up to
$1,000,000. If construction costs are above $1,000,000, first $1,000,000 charged
at 2.5% with remainder charged at 1.5%. This fee does not cover the city's cost
for resident construction inspections. In addition to the administrative fee, the
developer is charged for all out-of-pocket costs incurred by the City for providing
resident construction inspection. These inspection costs are billed periodically
directly to the developer.
The City of Chanhassen does not allow a private developer to provide inspection
services for public improvements.
City of Maple Grove The City of Maple Grove does not allow private installation of public streets and
utilities, therefore, all public improvements projects are done directly through the
city. These costs average from 30% to 35% of construction costs and are
assessed to the development project. These percentage costs are broken down as
follows:
6% for administration, legal, bonding and assessing; 10% for surveying and
inspection; 10% for design services; 8% financing and interest.
City of Apple Valley All municipal streets and utilities constructed within Apple Valley are designed
and built by the city through a consultant with all associated costs being assessed
to the project.
City of Bloomington All municipal streets and utilities are designed and built by the city with all
associated costs assessed to the project.