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04/04/2006 - Operations CommitteeAGENDA CITY COUNCIL OPERATIONS COMMITTEE MEETING TUESDAY, APRIL 4, 2006 4:15 P.M. CONFERENCE ROOMS 2A & 2B I. AGENDA ADOPTION II. EAGAN COMMUNITY CENTER OPERATIONS A. Operating Concerns B. Promotion Approval C. ECVB Office Space ---0a \pa nsz.�-� D. Security at ECC Events Serving Alcohol E. Teen Center Use of Central Park III. PARK & RECREATION DEPARTMENT A. Consolidation and Review of Concession Operations B. Consolidation of all Parks & Recreation Department Policies IV. CASCADE BAY A. Operation of Captain's Course V. CIVIC ARENA A. Utility Audit and Recommended Improvements B. Expansion/Renovation Opportunities C. Advertising/Sponsorship Review & Recommendations VI. OTHER BUSINESS VII. ADJOURNMENT 1 City of Eap 'III TO: OPERATIONS COMMITTEE MEMBERS MAYOR GEAGAN AND CITY COUNCILMEMBER CARLSON FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 30, 2006 SUBJECT: OPERATIONS COMMITTEE MEETING, TUESDAY, APRIL 4 In response to your desire to hold an Operations Committee meeting as soon as possible, following the March 28 meeting with ETAB at the Teen Center/Community Center, an agenda was prepared with attachments for an Operations Committee meeting scheduled for Tuesday, April 4, 2006 at 4:14 p.m. There is a fair amount of reading and items scheduled for the meeting. It may be necessary for the Operations Committee to prioritize the agenda and, if necessary, schedule a follow-up meeting if it is not possible to get through all of the agenda items. The meeting is scheduled for Conference Rooms 2A & 213 at City Hall. Thomas L. Hed�.es City Administrator fes'` I� c1r� � City of Eagan Parks and Recreation MEMO AGENDA ITEM: ECC Operating Concerns — Customer Service, Facility Uses and Management Issues TO: Operations Committee PREPARED BY: Juli Seydell Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Update on actions being taken to improve customer service at the Eagan Community Center BACKGROUND . Staff has received customer complaints regarding service, friendliness, and timeliness of call- backs from staff at the Eagan Community Center. DISCUSSION Several actions have been taken to improve customer experiences at the Eagan Community Center. Staff will update the Operations Committee on these actions and their outcomes at the meeting. I r City of Eagan Parks and Recreation MEMO AGENDA ITEM: Promotion Approval TO: Operations Committee PREPARED BY: Juli S. Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Review of Approval Process for Promotions at the Eagan Community Center, Cascade Bay, and Civic Arena. BACKGROUND The 20/20 Vision recommended a new strategy for fees and charges at the enterprise fund facilities (pages 9-12&13). The 20/20 found that the inflexible fee structure at these facilities does not allow facility managers to react in a timely manner and draw customers to low use, non - peak hours. Establishing an over-all budget with cost recovery targets for each facility and then allowing the facility managers to work within these parameters would likely generate additional revenue. The recently approved Fees & Charges Policy contains the following language: Enterprise Operations: 100% of direct and indirect costs, plus a profit margin, are intended to be recovered through user fees. All profits are retained in the fund. Revenue targets/goals are adopted for these facilities; however, staff is given some latitude in order to be able to adjust user fees in response to market trends, use patterns, and an approved marketing plan. Currently, each promotional rate or program is brought to the City Council for approval. DISCUSSION Staff is asking for direction from the Operations Committee concerning what level of decision making they wish regarding this portion of the Revenue Facility operations. ti City of Eagan Parks and Recreation MEMO AGENDA ITEM: Eagan Convention & Visitors Bureau Office Space TO: Operations Committee PREPARED BY: Juli Seydell Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Update on conversations with the ECVB regarding office space in the Eagan Community Center. BACKGROUND Staff was asked to speak with the Eagan Convention and Visitors Bureau regarding their future office space needs. DISCUSSION Staff has met with Brent Correy, ECVB Director, regarding their current office space concerns. At this time, he does not feel that they need to expand their office space in the ECC. Staff has developed a conceptual plan that would expand storage through the installation of cabinets in the Board Room, should the ECVB need additional storage space in the future. Staff has worked with the ECVB to try and resolve noise issues associated with the nearby location of The Blast and the building's HVAC unit. City of Eagan Parks and Recreation MEMO AGENDA ITEM: Security at ECC Events Serving Alcohol TO: Operations Committee PREPARED BY: Juli Seydell Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Discussion regarding hiring a private security firm instead of off-duty Eagan Police Officers to provide security at ECC events that serve alcohol. BACKGROUND Since opening, it has been the City's policy that an off-duty police officer must be hired to provide security at any Eagan Community Center rental where alcohol is served. The current rate is $171.00 for 3 hours. This fee is passed on the rental party. DISCUSSION Staff has researched other options for providing this service in an effort to provide lower costs to rental parties. A bid has been received from a private security firm to provide 4 hours of service per event for a cost of $100. This information has been discussed with the police department. The police officers would like to continue to be the security providers at the ECC but agree that the private security is a less expensive option for renters. Staff is asking for direction from the operations committee concerning this issue. ti r f1__�7pcia?ks of Eagan and Recreation MEMO AGENDA ITEM: Teen Center Use of Central Park TO: Operations Committee PREPARED BY: Juli Seydell Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Oasis staff request to use Central Park grounds for teen recreation al activities during the summer months. BACKGROUND The Oasis Teen Center staff in conjunction with teen users are making plans for summer activities. They would like to place two portable tetherballs stanchions in Central Park for use . and placement only during Oasis activities and would like to have an area on ellipse painted as a soccer/football field. The fields would not be used for schedule athletic games or practices, but rather as recreational activities as a part of the Oasis drop-in activities. The use would be closely monitored by staff so as not to interfere with other park or ECC users. In addition, the Oasis staff has requested that they be allowed to enter and exit the building through the outside doors in the Oasis marked "Emergency Exit Only". The doors would only be open when Oasis staff is present and able to monitor their use. DISCUSSION Staff is asking for direction from the operations committee concerning these changes in use to the Central Park Grounds. ' � c. City of Eagan Parks and Recreation MEMO AGENDA ITEM: Consolidation and Review of Concession Operations TO: Operations Committee PREPARED BY: Juli S. Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Review of Consolidation, Pricing, and Product Selection in all Parks & Recreation Department Concession Operations BACKGROUND Staff has been working for the past three months to improve the level of profitability of concession operations. The goals of this process are: 1. Everything on the menu must taste good, be fast to prepare and serve, and must be a good value to the customers and must be profitable. 2. Simpler menus. Simple to make and serve products. 3. Signature item(s) for each location. 4. Consolidated bidding and purchasing for all locations. 5. Target an average of 25% COGS for each location. 6. Target 30% for staff and misc. expenses. 7. Target 25% profit. 8. Marketing/promotion/pricing packages. (i.e. Meal Deals) ANALYSIS The initial review of concession operations led to several "quick fixes" that are already proving positive for concession operations. These have included changes in menu offerings which have led to better use of staff time and concession stand space. A consolidated bidding process has also taken place which lower the price paid for many concession purchases. DISCUSSION The on-going implementation of these goals will lead to more changes in concession menus and pricing. Staff is asking for direction from the operations committee concerning what level of decision making they wish regarding this process. F� i City of Eagan Parks and Recreation MEMO AGENDA ITEM: Consolidation of all Parks & Recreation Department Policies TO: Operations Committee PREPARED BY: Juli S. Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Review of Parks & Recreation Department Policies and Procedures Manual N BACKGROUND Staff has compiled a written document containing all known written and un- written policies, procedures, and standards being followed by the Parks & Recreation Department. During this process staff identified and resolved inconsistencies in the procedures from one area of the department to another and created written documentation in several other areas. ANALYSIS The new manual will allow staff to have a consistent reference when dealing with common issues. It will also allow for consistent service through the public. DISCUSSION The draft manual is attached for comment and direction. a Eagan Parks and Recreation Department Policies and Procedures City of Eap March, 2006 �D TABLE OF CONTENTS SECTION ONE - POLICIES/PROCEDURES FOR PUBLIC INTERFACE 1.1 Registration 1.1.1 Types of Registration 1.2 Registration Deadlines 1.3 Transfers 1.4 Program Cancellation/ Changes 1.5 Low Enrollment 1.6 Refunds 1.7 Confirmations 1.8 Age Guidelines for Programs 1.9 Waivers 1.10 Fee Payment 1.11 Scholarship Program 1.12 Equal Access Policy 1.13 Accommodations for Persons with Disabilities 1.14 Photo/Video release - City Use of Images 1.15 Data Privacy Act SECTION TWO - GENERAL FACILITY POLICIES 2.1 Closing of Facilities by Department 2.2 Weather 2.2.1 Winter Outdoor Facilities 2.2.2 Summer Outdoor Recreation Facilities 2.2.3 Cascade Bay 2.3 Zero Tolerance Policy 2.4 Child Supervision in Facilities 2.5 Outside Food Arid Beverages 2.6 Non -Sponsored Private Lessons 2.7 Animal Presence in Parks and Recreation Buildings 2.8 Holiday Schedules for Facilities 2.9 Smoking in and around Parks and Recreation Buildings 2.10 Posting of Flyers, Posters and Promotional Materials 2.11 Customer Grievance 2.12 Religious Holidays 2.12.1 Program Scheduling 2.12.2 Use of Holiday -Related Items in Programs/ Facilities 2.13 Lost and Found 2.14 Facility Rentals 2.15 Personal Music 2.16 Cameras SECTION THREE - EAGAN COMMUNITY CENTER POLICIES 3.1 Zero Tolerance Policy 3.2 Common Areas/Overall Building Policies 3.3 Smoking 3.4 Outside Food/Beverage Policy 3.5 Lost and Found 3.6 Early Closure 3.7 Customer Grievance 3.8 Maintenance Days 3.9 The Blast (Indoor -Playground) 3.10 Fitness Area 3.11 Gym 3.12 Track 3.13 Locker Rooms SECTION FOUR - PROGRAM/EVENT POLICIES AND PROCEDURES 4.1 Late Pick-up/Abandoned Child 4.2 Youth Participant Behavior/Discipline 4.3 Transportation of Program Participants 4.4 Severe Weather 4.5 Procedure for Injured Participant - No Parent Present 4.6 Sportsmanship Policy 4.7 Staff/Volunteer to Child Supervision 4.8 Background Checks for Volunteers 4.9 Program Visitors ' SECTION FIVE - PARK POLICIES 5.1 Park Classification System 5.1.1 Classifications 5.2 Park/Open Space Use by All 5.3 Park Hours 5.4 Park and Trail Use Guidelines/Rules of Conduct 5.5 Shelter and Equipment Rental 5.6 Use of Parks for Large Groups and/or Charity Walks/Runs 5.7 Use of Parks, Pavilions, and Moonshine Retreat Center f or Fund Raising or Commercial Profit Generating Activities 5.8 Park Maintenance Levels 5.8.1 T-zrf Management a. Mode I b. Mode II C. Mode III d. Mode IV e. Mode V f. Mode VI 5.8.2 Skating Rinks a. Mode I b. %lode ii C. Mode III d. Mode N 5.8.3 Tubing Hill a. Mode I b. Mode II 5.8.4 Snow Plowing Priorities a. Weekdays b. Saturdays/ Sundays C. Holidays 5.8.5 Sport Courts and Fields 5.8.6 Soccer Fields a. Mode I b. Mode II 5.8.7 Athletic Fields a. Mode I b. Mode II C. Mode III d. Mode IV SECTION SIX - FORESTRY POLICIES 6.1 Firewood Cutting 6.2 Landscaping Near Public Right -of -Way 6.3 Ordinance No. 217 2nd Series SECTION SEVEN - ADMINISTRATIVE POLICIES 7.1 Youth Scholarship Policy 7.1.1 Introduction 7.1.2 Authority 7.1.3 Program Implementation 7.2 Fees and Charges Policy 7.2.1 Introduction 7.2.2 Philosophy 7.2.3 ?? Appropriate Fees 7.2.4 Authority 7.2.5 Direr Costs 7.2.6 Indirect Costs 7.2.7 Categories of Cost Recovery 7.2.8 Concessions 7.2.9 Scholarship Policy 7.2.10 Use of Subsidized Park Facilities, Pavilions, and Moonshine Retreat Center for Fund Raising or Commercial Profit Generating Activities 7.2.11 Independent Contractor Guidelines 7.212 Payment and Terms with all Independent Contractors 7.3 Public Art and Memorial Installations in City of Eagan Parks 7.3.1 Statement of Purpose 7.3.2 Process for Selection 7.3.3 Conflicts of Interest 7.3.4 Public Review and Comment Period 7.3.5 Required Proposal Information 73.6 Public Art and Memorial Guidelines 7.3.7 Criteria for Review 7.3.8 Removal of Public Art and Memorials 7.4 Donor Naming Policy 7.5 Grants, Sponsorships, Additional Funding for Programs and Services SECTION EIGHT - SEASONAL STAFF MANUAL LA t 11"1 SECTION ONE POLICIES/PROCEDURES FOR PUBLIC INTERFACE Rules and regulations. The council, park and recreation commission or park director shall have the right to issue additional administrative rules and regulations relative to but not conflicting with this section. No person shall violate such rules or regulations, and any such violation may be subject to penalties of this section. 1.1 Registration 1.1.1 Types of Registration Registration for each session opens when the catalog is distributed to the public. a. On-line at www.citvofea an.com b. By mail: City of Eagan, Parks and Recreation, 3830 Pilot Knob Road, Eagan, MN 55122. C. Drop off: Deposit registration form in the Drop Box located on the south circular driveway near the Municipal Center main entrance. d. In person: M -F, 8:00 am to 4:30 pm at the Parks and Recreation office in City Hall. e. At the Eagan Community Center during all open hours. f. By fax: 651-675-5012. 1.2 Registration Deadlines Registration deadlines are established for each program to help provide a positive experience for recreation program participants by ensuring appropriate staffing, supplies, and facilities to meet the registration. needs. Please refer to program descriptions for each programs registration deadline. 1.3 "transfers Transfers will be made on a space available basis generally only before registration deadline. 1.4 Program Cancellations/Changes 1.4.1 Eagan Parks and Recreation reserves the right to cancel, postpone, or combine programs and change instructors. 1.4.2 Registration fees for programs cancelled by Parks and Recreation will be fully refunded. 1.4.3 All participants in cancelled programs will be notified by Parks and Recreation staff. 1.4.4 Programs not meeting the minimum registration requirements will be cancelled. 1.4.5 Once a program is cancelled, every attempt will be made to give at least 48 hours notice to participants and a full refund/ credit will be provided. If it is a Monday program, notification will be made as early as Friday at 5:00 pm. 1.5 Low Enrollment 1.5.1 Programs may be cancelled by Eagan Parks and Recreation if enrollment is not sufficient to provide an appropriate program experience to participants or if enrollment fees are not enough to cover program expenses. 1.6 Refunds 1.6.1 If a participant cancels a registration before the registration deadline, the registration fee minus a $5 processing fee will be refunded. 1.6.2 If a participant cancels a registration after the registration deadline and the space can be filled by another participant, a rebate certificate for the value of the program, minus a $5 processing fee will be issued. The rebate certificate may be used for future recreation programs. 1.6.3 If a participant cancels a registration after the registration deadline and the space cannot be filled by another participant, a rebate certificate for the value of the program, minus a $5 processing fee and any other program costs incurred on participant's behalf will be issued. The rebate certificate may be used for future recreation programs. 1.6.4 If a participant cancels a registration after the program has begun, there will be no refund. 1.6.5 If a team chooses to back out of a league after the registration deadline, no refund will be given. 1.7 Confirmations 1.7.1 Letters of confirmation are not sent. Participants can assume that they are in the program they registered for unless a call is received to the contrary. 1.8 Age Guidelines for Programs 1.8.1 Participants must be the age stated in the program description on the day the program begins. 1.8.2 Preschool. Only: If the child's birthday is within 7 days or less of the first day of program, they can register for the program after the registration deadline if the program has not been filled. 1.3.3 Just for 5's (and some 4's): This program is for children that are the appropriate age to enter kindergarten the following fall. Exceptions will not be made for children that are going to be tested for early entrance into kindergarten. 1.8.4 Adult Leagues: a. Basketball, Boot Hockey, Broomball, Sand Volleyball, Touch Football, Wiffleball and Volleyball participants must be at least 19 years of age. b. Softball participants must be at least 16 years of age as of May 1 of the current year. 1.9 Waivers 1.9.1. The following waiver is included on all registration forms and must be signed by the parent/ guardian or participant, if at least 18 years of age, before program participation: I have read and understood the registration and refund policies. I, the undersigned, parent or guardian, do liereby agree to allow the individuals(s) named herein to participate in the aforementioned activity(res) and I further agree to indeninifij and hold the City harmless from and against any and all liabilityfor any injury which may be suffered by the aforementioned individuals(s) rising out of, or in any way connected with, llisjImr participation in this activity. 1.10 Fee Payment 1.10.1 Full payment must be made at the time of registration. Payment can be made by check (payable to the City of Eagan), cash, Visa or MasterCard. 1.11 Scholarship Program 1.11.1 A limited Scholarship Fund for participants under age 18 is available to provide financial assistance for youth participation in recreational activities. Scholarships cover a portion of the fees charged. Scholarship applications must be made in person at the Parks and Recreation main office. 1.12 Equal Access Policy 1.11.1 The City of Eagan is committed to providing equal access to its programs, facilities and employment without regard to race, creed, color, sex, national origin or handicap. 1.13 Accommodations fox Person with Disabilities 1.13.1 Accommodations for persons with disabilities wishing to attend or participate in the City of Eagan recreation programs are available upon request at least 96 hours in advance of the event. If a notice of less than 96 hours is received, the City will make every attempt.to provide the aids. However, this may not be possible with short notice. 1.14 Photo/Video Release - City Use of Images 1.14.1 It is recommended that a release be obtained when photographing or videotaping a minor (under 18). Parent or guardian signatures are required; signatures of minors are not sufficient. When images are published, the city will take cautionary steps to provide minimum identifying information and will not use a specific street or mailing address, e-mail addresses or phone numbers. While signed release forms are generally not needed when photographing in public places, such as parks, this extra step is being taken because the images taken are intended for use in City publications and communications. 1.15 Data Privacy Act 1.15.1 In accordance with the Minnesota Government Data practices Act, the Parks and Recreation department hereby informs you that the personal information we are requesting of you and/or your child or guardian on our registration form is now considered private. Private data is available to you and to City staff who need to have this information to perform their duties, but not to the public. While you may choose to withhold this data, the consequences could be that the City's recreation staff may not be able to complete our registration and/or you may not receive updated program information, such as schedule changes. SECTION TWO GENERAL FACILITY POLICIES 2.1 Closing of Facilities by Department 2.1.1 The Civic Arena and Eagan Community Center will remain open in all conditions unless snow or ice accumulations reach a point where they can not be cleared by City staff. 2.1.2 Programs held in School District facilities will be cancelled if the School District closes due to inclement weather. 2.1.3 The Director of Parks and Recreation or her/his designee shall have discretion to close a facility or cancel programs in case of building emergency or inclement weather. 2.2 Weather 2.2.1 Winter Outdoor Facilities will be closed when: a. Temperature is -10 degrees or colder. b. Wind chill factor is -15 degrees or colder. C. Snow or icehas accumulated to the point where it can not be cleared by City staff. d. Warm temperatures cause dangerous melting (ice rinks and sledding hill). 2.2.2 Summer Outdoor Recreation Facilities Rain or severe storm warnings may cause cancellations for certain programs. Each program site will have a designated emergency weather plan and meeting location. Parents are responsible for picking up children when storm warnings are issued. If the storm warning sirens Sound: a. 9 am or later, all morning outdoor programs are cancelled and participants must be picked up immediately from the program. b. 1 pm or later, all afternoon outdoor programs are cancelled and participants must be picked up immediately from the program. C. 6 pm or later, all evening outdoor programs are cancelled and participants must be picked up immediately from the program. 2.2.3 Cascade Bay may close; or the pool will be cleared if: a. The temperature is 62 degrees or colder according to the WCCO Website. b. It is raining hard enough so that it is difficult to see the bottom of the pool. C. The pool has been cleared for 1 hour due to severe weather. C. There is a tornado warning. e. There is threatening weather, as determined by the Supervisor. 2.3 Zero Tolerance Policy 2.3.1 All Eagan Parks and Recreation facilities shall enforce a zero -tolerance policy with regards to negative participant conduct while on site, including, but not limited to, smoking in restricted areas, profanity, rowdy or disruptive behavior, fighting, mischief, and alcohol*, drug or other substance use or possession. *Alcohol may be served by the specified licensed liquor provider during a permitted rental event at the community center. 2.3.2 No swearing, abusive, inappropriate language or gestures are allowed. Individuals showing this type of behavior may be suspended from the facility without refund. One year suspensions and trespassing notices can be issued. 2.3.3 Anyone who appears to be under the influence of alcohol or a controlled substance or displays devices intended for or displays actions that demonstrate intent to cause harm will be denied admission to the facility. 2.4 Child Supervision in Facilities 2.4.1 All children under age 10 are required to have direct supervision by a person who is at least 16 years old. 2.4.2 Programs for adults are opera to persons 18 years of age or older. 2.4.3 If a child under age 10 is left at a facility more than 15 .minutes past closing, the child will be considered an abandoned child. An attempt will be made to contact the child's parents. If parents cannot be contacted, police will be called. 2.5 Outside Food and Beverages 2.5.1 No coolers or outside food/beverage except for an individual beverage may be brought into the Eagan Community Center, Cascade Bay or the Civic Arena. 2.6 Non -Sponsored Private Lessons 2.6.1 All private lessons held on City of Eagan facilities must be coordinated through the Eagan Parks and Recreation Department except for private lesson held during open skate periods at the Civic Arena. Individuals that are not employed or contracted for by the City of Eagan are prohibited from teaching private lessons within the facilities or on the grounds except as noted above. 2.7 Animal Presence in Parks and Recreation Buildings 2.7.1 Service animals are the only animals permitted in the Parks and Recreation indoor facilities and Cascade Bay, unless present as part of an animal specific show or program (i.e. dog show, pet parade, circus). a(D 2.8 Holiday Schedules for Facilities Community Civic Cascade City Holiday Center Arena Bay Hall Other New Years Day Closed llar Regular rs N/A Closed No Rink8 Fpm Day after New 8 am - 4 pm Regular N/A N/A Rinks Regular Years Hours Hours Hours Martin Luther Hours Regular N/ A N/A Closed King Hours Hours 10 am - 8 pm Presidents Day Regular Hours Hours N/A Closed 10 aRinks k8 m Easter Closed Regular NIA Closed Closed Hours Memorial Day 8 am - Noon egguurr Closed 4 j 4th of July 8 am - Noon Regular Hours Closed � No Programs ` Labor Day 8 am - Noon Houl sr Closed Thanksgiving Closed Regular N/A Closed Closed Day Hours Day after 8 am - 4 pm Regular N/A Regular No Programs Thanksgiving Hours Hours Christmas Eve Closed Regular Close at N/ �' Rinks Closed Hours Noon 10 am - 4 pm Christmas Day Scheduled N/A Closed Closed a Hours Day after gam - 4p m Regular N/A. Regular Rinks Regular Christmas Hours Hours Hours New Years Eve Closed Regular N/A Regular Rinks Hours d Hours 10 am - 4 pm 2.9 Smoking in and around Parks and Recreation Buildings 2.91 All City of Eagan buildings are smoke free environments. 2.9.2 Areas surrounding all organized youth activities in the parks are to remain tobacco free while youth are present. 2.10 Posting of Flyers, Posters, and Promotional Materials 2.10.1 Flyers, posters and other promotional materials will only be posted and distributed at Eagan Parks and Recreation facilities for events sponsored by the City of Eagan, one of the Parks and Recreation Department's programming partners, or for an event for which space has been rented at an enterprise facility. A fee may be charged for this service. 2.11 Customer Grievance 2.11.1 Any citizen issue/ concern regarding a Parks and Recreation Facility should first be directed to staff so that staff can work with the citizen to resolve the concern. Staff will make every effort to respond to the citizen within 36/48 hours of being advised of the problem. 2.12 Religious Holidays 2.12.1 Program Scheduling a. Special events will not be scheduled can dates recognized as holidays by the school district and other dates of celebration that might preclude many Eagan residents from attending. b. General recreation programs may be held on holidays. The program schedule will be published along with registration information. If a participant is not able to attend part of a program because of a religious he/she may speak with the instructor to make alternative arrangements, if feasible. 2.12.2 Use of Holiday -Related Items in Programs/ Facilities a. In response to our community's growing and changing populations and demographics, the Eagan Parks and Recreation Department values diversity and is conscious of cross cultural dynamics. Decorations and displays in facilities may refer to a particular holiday; however, an effort will be made to represent a wide range of cultures and celebrations. b. Programs with specific holiday themes may be offered by the department. Designation of the specific holiday theme will be clear in all program promotion so that individuals may choose or not choose to enroll based upon the program content. 2.13 Lost and Found 2.13.1 The City of Eagan and its personnel are not responsible for items lost, stolen or left on site. A collection site and log for all found items will be kept at each facility with unclaimed items donated to charity after 14 days. Items found in the parks will be collected at the Parks and Recreation main office in City Hall and donated after 14 days. 2.14 Facility Rentals 2.14.1 A written rental agreement is required for all groups renting a facility or part of a facility. Rental requests will be accepted on a first come, first serve basis according to the date the written request and payment are received. Rental agreements will be issued to adults only. All time needed for set-up and tear -down must be included in rental hours. Pavilion/ shelter rentals become available on the first working day in January of each year on a first come/first serve basis. 2.15 Personal Music 2.15.1 All people using personal electronic music players must use personal earphones when they are in a Parks and Recreation Facility except when useti during programs and facility rentals. 2.16 Cameras 2.16.1 Cameras, including cell phone cameras, are not allowed in locker rooms. D 2� SECTION THREE EAGAN COMMUNITY CENTER POLICIES The following policies were adopted by the Eagan City Council on March 4, 2003. Additional policies will also be added as circumstances warrant. 3.1 Zero Tolerance Policy 3.1.1 Purpose: The health, safety and well being of every patron utilizing the Eagan Community Center is our primary objective. Respect for the Eagan Community Center staff, patrons and the building is paramount. 3.1.2 Policy: The Eagan Community Center shall enforce a zero -tolerance policy with regards to negative participant conduct while on site, including, but not limited to, smoking in restricted areas, profanity, rowdy or disruptive behavior, fighting, mischief, and alcohol*/ drug/ or other substance use or possession. The Eagan Community Center staff shall be the sole judge of what constitutes negative conduct and behavior covered by this policy. The Eagan Community Center is a family based facility and all participants will be expected to govern themselves accordingly. Participants who exhibit negative conduct or behavior will be either temporarily or permanently expelled from the facility. The Eagan Community Center staff will involve the Eagan Police, when necessary, to enforce this zero -tolerance policy. *Alcohol may be served by the specified licensed liquor provider during a permitted rental event at the Community Center. 3.2 Common Areas/Overall Building Policies 3.2.1 All children under age 10 are required to have adult supervision. 3.2.2 No organized meetings in common areas. 3.2.3 No red beverages allowed in the building. 324 No coolers. or outside food/beverage shall be allowed in the Community Center unless organized through Community Center staff. Individual beverages are permitted. 3.2.5 No glass, unless authorized through the Community Center Staff. 3.2.6 No parties/ gift opening or cake/ cupcakes allowed in common areas. 3.2.7 No personal storage will be permitted in the building. 3.2.8 No personal boom boxes are permitted in the building. 3.2.9 A photo I.D. is required for checking out building equipment. Exchange of a valuable for equipment is not acceptable. 3.2.10 The City Council must approve all donations to the Community Center. All donations will become the property of the City of Eagan, upon acceptance by the City Council. 3.2.11 Zero Tolerance Policy: If a person breaks the policy, the Community Center staff has the right to ask the person to leave the building. 3.2.12 The Community Center reserves the right to deny admission to anyone who appears to be under the influence of alcohol or a controlled substance. 3.2.13 The City of Eagan, nor its personnel, are responsible for items lost, stolen or left on site. 4 3.3 Smoking 3.3.1 No smoking will be allowed inside the Community Center. 3.3.2 Smoking on the (outdoor) patio is permitted by those of legal age. 3.4 Outside Food/Beverage Policy 3.4.1 No coolers, outside food/beverage, or glass shall be allowed in the Community Center unless organized through Community Center staff. Water bottles will be permitted, as will individual beverages. 3.5 Lost and Found 3.5.1 All items turned in will be date tagged. 3.6 Early Closure 3.6.1 Staff shall have discretion to close the facility in ease of a building emergency or inclement weather. 3.7 Customer Grievance 3.7.1 Any citizen issue/ concern brought to a City Councilmember regarding the Community Center should first be directed to staff so that staff can work with the citizen to resolve the concern. 3.8 Maintenance Days 3.8.1 The Community Center will block off dates for necessary repairs or maintenance of areas/ equipment. Each area can be blocked off for up to 14 days per year, usually during non -peak times. Membership fees reflect these blackout days. 3.9 The Blast (Indoor Playground) 3.9.1 All children under age 10 are required to have adult supervision. 3.9.2 Unsupervised children, ages 12 and over, are not permitted in The Blast. 3.9.3 Children 17 months and younger will not be charged admission. 3.9.4 Children 18 months to 15 years will be charged admission. 3.9.5 Those guests 16 and over will not be charged. 3.9.6 No food or beverages permitted in The Blast. 3.9.7 A hand stamp is required for admittance into The Blast. 3.9.8 No running or rough play is permitted. 3.9.9 Socks must be worn at all times. No shoes or bare feet shall be permitted. 13 9.1 0 Group Rates: a. Two weeks advanced notice reservation required based on availability. b. Group rates do not apply on school release days, weekends, and/or holidays. C. A minimum of one adult supervisor for every ten children is required to be present. 3.10 Fitness Area 3.10.1 Any person between the ages of 12-17 must go through an orientation session prior to using any of the fitness equipment. 3.10.2 A person must be 12 years of age or older to use the fitness center and track. 3.10.3 Any person between the ages of 12-14 must be accompanied by an adult member at all times. 3.10.4 Water is the only beverage allowed in the fitness center areas. 3.10.5 Athletic shoes are required in all fitness areas; no bare feet, sandals or street shoes. Proper athletic attire must be worn; no jeans are permitted in the cardio/weight room. 3.10.6 All available exercise equipment will be provided by the community center (i.e. hand weights, tubing, balance balls, mats, etc.)- Outside exercise equipment will not be permitted. 3.10.7 Patrons are permitted to bring their own personal basketball and volleyballs; however, the facility is not responsible for theft of these items. 3.10.8 All individuals using the fitness area must be a member or pay the daily fee. No refunds will be issued. 3.10.9 Individuals found not paying the daily fee will be removed from the Community Center. 3.11 Gym 3.11.1 Respect all Community Center staff, patrons and equipment. 3.11.2 All individuals using the gym must be a member or pay the daily fee. No refunds will be issued. Individuals found not paying the daily fee will be removed from the Community Center and will not be given the option to pay and play for the remainder of the day. 3.11.3 No food, gum or beverages are allowed in the gym. Water bottles will be permitted. 1.11.4 Fitness members and daily users will not be permitted to bring ball bags, jackets, duffel bags or other personal items into the gym. 3.11.5 No black soled shoes or shoes that mark the floor will be permitted. No bare feet, sandals or street shoes. 3.11.6 Attire or gestures recognized as a gang representation will be not be allowed. 3.11.7 Dress code must be appropriate. Shorts/ Pants must be worn at waist at all times. If individual refuses to bring their shorts/pants to the waist, he/she will be removed from the Community Center building without a refund. "Skins" will be allowed during organized or full -court games only. 3.11.8 Community Center staff reserves the right to determine all gym use and inappropriate behavior by users. 3.11.9 Organized or full -court games will only be allowed when the patron attendance is less than 25 players at any one time and/or as designated on the gym schedule. Customers will be asked to leave without a refund if they refuse to break up an organized or full -court game. 3.11.10 No dunking, slamming or hanging on the rims or nets. 3.11.11 No running or bouncing balls in the hallways anywhere in the Community Center. 3.11.12 No spitting, rough housing, wrestling or pushing. 3.11.13 No swearing, abusive, inappropriate language or gestures. Individuals showing this type of behavior may be suspended from the facility without refund. One year suspensions and trespassing notices can be issued. D 3.11.14 The Community Center reserves the right to deny admission to anyone who appears to be under the influence of alcohol or a controlled substance. 3.11.15 The Community Center reserves the right to deny admission to anyone that display devices intended for harmful cause or actions that demonstrate intent to cause harm. 3.11.16 Persons falsifying personal information will be denied the opportunity to participate until one year from the date of the incident. 3.11.17 All players and spectators must pay to be in the gym during open gym tunes. During open gym times, spectators are not permitted on the perimeter of the gym or on the track. 3.11.18 Patrons are not permitted to view gym activities i rom the suspended indoor track. 3.11.19 "OPEN" refers to ages 10 and above. 3.11.20 "ADULT OPEN" refers to ages 18 and older. 3.11.21 Ages under age 10 are required to be accompanied with an adult over age 18. 3.11.22 Only Photo I.D.'s are accepted in exchange for balls or other equipment. Exchange of a valuable for equipment is not acceptable. 3.11.23- No children are allowed in the gym during .adult open time. 3.11.24 We recommend leaving valuables at home. Lockers are available in the locker rooms and hallway near the family changing room. We highly recommend bringing a padlock to secure your belongings. The City of Eagan is not responsible for items that are lost, stolen or left in the facility. 3.11.25 The patron has a financial obligation to replace balls, equipment or lockers that have been damaged, stolen or lost. 3.11.26 Violators will be asked to leave without a refund when not adhering to the gym rules. 3.12 Track 3.12.1 The track is available to persons 15 years of age and older. 3.12.2. The track is open to walkers and runners. The track is not to be used by spectators observing gym activities/ programs. No food or beverage allowed on the track. 3.12.4 Individuals walk or run to the right on even numbered days and to the left on odd numbered days. 3.12.5 No strollers or babies in a front or rear pack allowed. 3.13 Locker Rooms 3.13.1 The City of Eagan is not responsible for items that are lost, stolen or left in the facility. 3.13.2 Please keep clothing and valuables locked in lockers. 3.13.3 No running. 3.13.4 No wet towels on floor. 3.13.5 Children 14 and under are not permitted in the locker rooms unless accompanied by an adult. �.1..5 Do not leave items overnight in lockers. Locks left on lockers overnight will be cut. Items will be bagged and retained for 7 days. SECTION FOUR PROGRAM/EVENT POLICIES AND PROCEDURES 4.1 Late Pick-up/Abandoned Child 4.1.1 The first time that a child is not picked up from a program at the designated ending time, a verbal reminder will be given to the parent. 4.1.2 The second time that a child is not picked up from a program at the designated ending time, a late fee of $10.00 will be assessed for every 10 minutes of tardiness. This fee will be billed by the Parks and Recreation Office. 4.1.3 If no contact can be made with the parents and a child is left for more than 30 minutes after the conclusion of a program, the child will be considered an abandoned child and the staff may contact the Police Department. 4.2 Youth Participant Behavior/Discipline If a youth program participant engages in behaviors that are unsafe or disruptive which will endanger himself/herself or another participant, or interfere with successful completion of the program, the following procedures will be followed: 4.2.1 The child will be given an explanation by the teacher of his/her unacceptable behavior and will be given a warning that includes further consequences if the behavior continues. 4.2.2 If the behavior continues, the child will be given a time-out. Depending upon the behavior, the following actions will be taken: a. The Child will be placed away from the group. b. Teachers will keep an eye on the child. C. After the 5 -minute period has elapsed, the same teacher making the initial contact with the child will ask the child if he is ready to rejoin the group. d. The teacher will inform the parent of the child's actions, when the parent comes to the site or with a phone call. e. If the unacceptable behavior persists, the teacher must file a behavior incident report following instructions completely. 4.2.3 If a child refuses to change his/her behavior during or after the time-out period, the teacher will call the parent. 4.2.4 After the parents have been notified, and if the behavior continues, the child will no longer be allowed to continue in the program. The teacher and the Program Supervisor will make this decision. The Program Supervisor will contact the parents regarding this decision. 4.2.5 In the event a child is removed from a program due to a behavioral problem, no refunds will be given. 4.2.6 This Behavior Policy will be distributed to all participants during the first week of each program. Parents will be asked to review it with their children and sign the "Behavior Policy Form' (Appendix ). Staff are required to explain the policy on the first day to the participants. 4.2.7 Behavior Expectations: Participants must: a. Respect themselves, other children, staff, facility and supplies/ equipment. b. Listen to and follow directions. Have fun. d. Be positive to self and others. Q b 4.3 Transportation of Program Participants 4.3.1 Transportation for field trips and special events is secured through the department's van or a professional busing company. Staff is not allowed to transport children in their personal vehicle. 4.3.2 When a van is used, all children will use seatbelts and no child under 12 years of age will be allowed to occupy the front seat. All Minnesota laws must be followed regarding the use of child safety seats and booster seats. 4.3.3 Staff members, permanent and part-time, are not allowed to transport participants of programs during or after work hours except when requested in the following manner: If a parent asks a program staff member to provide care for a child and take that child home from a program, a written note signed by the parent must be given to the Recreation Program Supervisor and kept in the child's file. The employee must be checked out from work before transporting a child in his/her care. 4.4 Severe Weather Events, programs, and/or facilities will be cancelled when, in the determination of the program/ facility supervisor, weather conditions are unsafe for participants; conducting the activity will have a severe impact on a site or facility, or crews are unable to maintain safe access to a facility due to accumulations of ice, snow or water. 4.4.1 Cascade Bay may close, or the pool will be cleared if: a. The temperature is 62 degrees or colder according to WCCO. b. It is raining hard enough so that it is difficult to see the bottom of the pool. C. There is a tornado warning. d. There is threatening weather as determined by the Facility Supervisor. 4.4.2 The status of programs and facilities will be announced on the Recreation Hotline. The message will be updated a half hour (or hour) before the start time of each. program or facility opening. 4.4.3 Programs may be cancelled or altered if any of the following weather conditions exist: Winter Outdoor Programs: a. Temperature is -10° or colder. b. Wind chill factor is -15° or colder. C. Snow or ice has accumulated and has not been cleared by City staff. d. Warm temperatures cause dangerous melting or refreezing of ice rinks or tubing hill. 4.4.4 Preschool classes will not play outside if: a. The temperature is 0 degrees or colder, or b. The wind chill index is 0 degrees or colder D g 4.4.5 Summer Programs: a. Classes will generally not be cancelled due to high temperatures or humidity. Activities and/or locations may be altered in these situations to help prevent heat related illnesses. b. Rain or severe storm warnings may cause cancellations for certain programs. Each program site will have a designated emergency weather plan and meeting location. Parents are responsible for picking up children when storm warnings are issued. C. If the storm warning sirens sound: i. 9 am or later, all morning outdoor programs are cancelled and participants must be picked up immediately from the program. ii. 1 pm or later, all afternoon outdoor programs are cancelled and participants must be picked up immediately from the program. iii. 6 pm or later, all evening outdoor programs are cancelled and participants must be picked up immediately from the program. 4.4.6 Each program and facility will have a severe weather plan, which will be covered with participants and parents in each first day letter. 4.4.7 In the event of a cancellation or closure due to severe weather, it is the parent's responsibility to pick up their children immediately. 4.4.8 Class cancellations due to inclement weather will not be made up and refunds will not be given. 4.4.9 League games cancelled clue to inclement weather will be made up based on the availability of staff and facility space. 4.5 Procedure for Injured Participant - No Parent Present 4-5,1 For minor injuries, first aid shall be administered and an accident/ incident form completed. The parent/ guardian shall be notified when they pick up the participant. 4.5.2 Parents must be contacted as soon as possible in all other incidents. 4.5.3 Staff will immediately call an ambulance any time that a condition appears to be life thxeatP.ning. 4.6 Sportsmanship Policy Eagan Parks and Recreation is interested in ensuring that a high level of sportsmanship be maintained in the sports programs directed by the city. Eagan Parks and Recreation shall enforce a zero -tolerance policy with regards to negative conduct before, during or after league games. Therefore, the following policy for dealing with cases of unsportsmanlike conduct will be instituted: 4.6.1 Any player, coach, manager or spectator ejected from any game for an unsportsmanlike act including but not limited to profanity, rowdy or disruptive behavior, mischief, tantrum behavior, verbal abuse will result in: a. Game suspension for the remainder of that game plus at least the next two games. b. A suspended person may or may not be allowed at any site where league games are in progress. C. Violating the suspension will result in forwarding the incident to the State of Minnesota for further sanctions against the player and/or team. d. The suspended player's name will be placed on probation for one year for all Eagan Parks and Recreation adult leagues. e. Any player, coach, manager or spectator ejected a second time during a 365 day period for unsportsmanlike conduct shall be prohibited from participating in all Eagan Parks and Recreation adult leagues for at least one calendar year. 4.6.2 An individual and/or the individuaI's team manager that has been ejected from a game has 24 hours from the time of the ejection to contact the League Director(s) to share his/her information regarding the incident. Failure to call within the 24 hour time period will result in a forfeiture of ones right to appeal the League Director's final decision. 4.6.3 Should an individual/ manager wish to appeal a ruling in Eagan, they must present a written appeal to the League Director(s) and $50 cash within two working days of notification of the decision. The League Director(s) along with another Parks and Recreation Staff member will make the final decision. If your ejection is over -ruled, you will get your $50 back. 4.6.4 Any unnecessary physical contact including but not limited to fighting, hitting, kicking another individual will result in a: a. Game(s) suspension deemed appropriate by the League Director(s). i. A suspended person may not be present at any site where league games are in progress. ii. Violating the suspension will result in forwarding the incident to the State of Minnesota for further sanctions against the player and/or team. b. Suspended indefinitely from all Eagan Parks and Recreation adult leagues, pending review of the incident by the Eagan Parks and Recreation for additional disciplinary action. C. The suspended player's name will be placed on probation for one year after the suspension has been served for all Eagan Parks and Recreation adult leagues. d. An individual and/or the individual's team manager that has been ejected from a game has 24 hours from the time of the ejection to contact the League Director(s) to share his/her information regarding the incident. Failure to call within the 24 hour time period will result in a forfeiture of ones right to appeal the League Director's final decision. e. Should an individual/manager wish to appeal a ruling in Eagan, they must present a written appeal to the League Director(s) and $50 cash within two 1�I working days of notification of the decision. The League Director(s) along with another Parks and Recreation Staff member will make the final decision. If your ejection is over -ruled, you will get your $50 back. 4.6.5 Any physical contact including but not limited to fighting, hitting, kicking an official/ umpire will result in an immediate: a. Minimum 12 month suspension from all Eagan Parks and Recreation adult leagues. i. A suspended person may not be present at any site where league games are in progress. ii. Violating the suspension will result in forwarding the incident to the State of Minnesota for further sanctions against the player and/or team. b. The suspended player's name will be placed on probation for one year after the suspension has been served for all Eagan Parks and Recreation adult leagues. C. The incident will also be reported to the State organizations or governing body for review. 4.6.6 An individual retains the right of a hearing when the action to be taken is expulsion from participation in the league: a. The player will provide a written explanation of the situation that resulted in his/her ejection from the game. b. An appeal letter along with $50 cash must be received within seven (7) days of being notified of the expulsion to your League Director(s). Failure to do so will result in a forfeiture of one's right to appeal. If your ejection is over -ruled you will get your $50 back. C. Invited to attend the hearing will be: the player, his/her manager, the League nitector(s), the Official/ Umpire Assigner for the community and another Parks and Recreation Staff Member. 4.6.: Remember that leagues are available to help you enjoy your leisure time. Your "fun" should not be at the expense of others. Check your language and actions that might be offensive to others. Keep your socializing before and after games to a moderate level of noise and alcohol consumption. Keep traffic speed and parking appropriate for safety. Remember, we are neighbors to local residents and need to respect their rights. Respect people and the park! 4.7 Staff/Volunteer to Child Supervision 4.7.1 At no time shall any staff or volunteer be alone in an enclosed area or out of sight with a program participant. 4.8 Background Checks for Volunteers 4.8.1 All volunteers over the age of 18 who interact with children are required to pass a background check through the City of Eagan's Human Resources Department prior to volunteering. 4.9 Program Visitors 4.9.1 Parents/ guardians with siblings are welcome to observe recreation program in which their children are participating. For liability, supervision, and other reasons, children who are not enrolled in the program are not allowed to take part in the program activities. SECTION FIVE PARK POLICIES 5.1 Park Classification System 5.1.1 Classifications a. Neighborhood Common Intended to serve specific neighborhoods within medium to high density residential areas that can not be adequately served by a traditional neighborhood park due to physical limitations or access constraints. In certain circumstances, the park may be privately operated. Generally 1 to 4 acres in size with limited amenities that may include a play structure, hard court and some seating, 1/4 mile service area. The amenities may be specific to the needs of the surrounding neighborhood. b. Neighborhood Park Provides for a variety of active and passive, formal and informal, within a park space easily accessible form a defined neighborhood service area, generally 3/4 of a mile. Distribution is throughout the community. Amenities may include ball fields, skating rinks, warming house, play structure, open space and hard courts. The size is variable though most are less than 15 acres. C. Community Park Facilities and use are targeted to serve residents of the entire City. The scale and scope of the site, improvements and amenities are adequate for large groups and special events. Generally more than 25 acres in size, they are often associated with a significant natural feature. Easily accessible from collector and arterial roadways. Amenities are non -athletic and may include large shelters and pavilions, hiking trails, play structures, fishing piers and picnic grounds. d Community Athletic Field A large athletic complex servicing the entire community, intended primarily for organized youth and adult play including tournaments. Generally more than 25 acres in size and easily accessible. Field space may be developed for a specific sport or remain open to allow for multiple sport use. Fields may be lighted to accommodate extended use. Some opportunity for passive use that includes trails and picnic areas, restroom/ service buildings and play structures may be on site. e. Preserve An isolated site consisting primarily of unique and/or undisturbed tracts of park land. While not physically connected to other park land, it may function as part of an ecological corridor, flyway or a link in other natural processes. Development is associated only with passive activities such as hiking, nature observation or resource enhancement. Some may contain or function as drain runs, retention ponds or stormwater collection points. Access may be limited. f. Greenway Preserve Lt A primarily undisturbed tract of park land containing unique and/or undisturbed natural resources, most often physically connected to other preserves or resources via a natural corridor. Any activities are passive and may include hiking, nature observation and interpretation. The site may contain elements of, or function as, part of the storm water management system. Access may be limited. g. Greenway Corridor A contiguous lineal corridor or resource that enhances, buffers or connects undisturbed natural areas or features. May allow for physical access between areas via a trail or function as wildlife/ ecologic corridor. Access may be from multiple public spaces, streets or trails, h. Special Use Facilities that provide a unique activity or built environment/ amenities that promotes a unique activity. Often intended for a single purpose. The location may be dictated by the physical needs of a specific activity which make it incompatible with other recreational areas. Service area is the entire community. i. Historic Site A site intended to preserve, protect and/or interpret historic areas or buildings. Improvements are generally limited to those intended to enhance the experience of any visitors or of scheduled, on. -site, programs. The site may also be designated as historically significant at the State or national level. 5.2 Park/Open Space Use by All 5.2.1 City of Eagan parks, .trails, and open spaces are maintained as an asset for community to be enjoyed and used by all. No person involved in any event or in any use of the parks or recreation areas, including, but not limited to, sponsors of teams, shall deny another person access to, admission to, utilization of, or benefit from any such event or use because of race, age, sex, color, creed, religion or national origin. 5.3 Park Hours 5.3.1 No person shall remain in a park between 11:00 pm and 5:00 am without a written permit from the council or park director. No privately owned vehicle shall remain during these same hours without a written permit. Any vehicle remaining after 11:00 pm without authorization shall be towed at the owner's expense. 5.3.2 Events at the Eagan Community Center may extend to 1:00 am. 5.3.3 Overnight rentals/ programs are allowed within the Eagan Community Center and Civic Arena with approval from the Director of Parks and Recreation. 5.4 Park and Trail Use Guidelines/Rules of Conduct 5.4.1 Unlawful acts (general rules). It is unlawful for any person, in any park or recreation area, to: a. Deface, destroy, tamper with, injure, or remove any city property, including, but not limited to, furniture, structures, vegetation, signs or soils. b. Scatter or litter the grounds or any lake, pond, or watercourse within or draining into a park with any form of trash, but shall place such material in the proper receptacles where these are provided; where receptacles are not provided, all such trash shall be carried away from the area by the person responsible for its presence. C. Start a fire, except a small fire for cooking purposes in a designated area, and then only in a fire ring, grill or portable stove, or fail to fully extinguish such a fire. d. Use any land or body of water for a launching or landing operation for flying apparatus except by permit from the council or park director. Powered model aircraft may only be flown in areas which will not interfere with sport games or any other park activities. e. Sell, solicit or conduct any commercial enterprise unless authorized by written permit from the council or park director. Play games which interfere with appropriate use of the rinks, sledding or tobogganing areas or use hockey sticks or pucks in areas not designated for hockey play or loiter on the ice or in park buildings. g. Paste, affix or inscribe any handbill, poster or sign or distribute handbills, circulars or announcements of any kind for a commercial purpose. h. Be under the influence of an alcoholic beverage or controlled substance. i. Bring wine or liquor, as those terms are defined in chapter 5 of the City Code, or bring beer, as that term is defined in said chapter, in kegs, barrels or case lot quantities except where authorized by written permit from the council or park director. Use, possess or sell any controlled substance. k. Appear nude, seminude, commit any nuisance or use threatening, abusing, insulting, obscene or indecent language or act in an indecent, lascivious, or improper manner or do any act which constitutes a breach of the public peace. 1. Harass any visitor or behave in a reckless manner which would endanger any visitor or visitor's property. M. Swim or wade except in designated areas. n. Park a bike, except at a bicycle rack if provided, and, if not provided, in such a manner as to create a hazard or interfere with other visitors or activities. .o. Engage in any form of gambling. p. Strike or otherwise propel a regulation golf ball. q. Disobey any reasonable order or direction of any city employee, law enforcement officer, or other person designated by the council or park director to give such orders or directions. 5.4.2 It is unlawful for any person, in any park or recreation area, to: a. Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed any wildlife, except that fishing is permitted. b. Bring any dog, cat or other creature unless caged or kept on a leash not more than six feet in length. Owners must clean up after their pets. C. Permit a creature to disturb, harass,, or interfere with or endanger any visitor or visitor's property, or tether any creature to a tree, plant, building or park equipment. d. Ride, lead or permit a horse, except in designated riding areas. Permit a creature to enter unauthorized areas. Unauthorized areas are active play areas, picnio areas and park buildings. f. Release any insect, fish, animal or other wildlife or introduce any plant, chemical or other agent potentially harmful to the vegetation, water supply or wildlife of the area. 5.4.3 Unlawful acts (weapons and fireworks). It is unlawful for any person, in any park or recreation area, to: a. Possess, carry, fire or discharge any firearm within or into any park or recreation area from beyond its boundaries, except that authorized bows and arrows may be permitted in designated archery areas. b, Discharge any fireworks without a permit from the council or park director. 5.4.4 It is unlawful for any person, in any park or recreation area. to: a. Operate a motor boat or other self-propelled watercraft. Non -motorized watercraft are permitted. b. Drive or park any vehicle, except an authorized or emergency vehicle on any turf or other area not designated for parking or travel; wash, grease, dismantle, repair, change or deposit the oil of a vehicle anywhere in a park or recreation area. C. Operate a motorized recreational vehicle, except on marked trails and at times designated by the council and/or park director. 5.4.5 Ice fishing houses. No ice fishing house or dark house shall be placed on the ice of any public body of water, with the exception of Holland Lake. Portable structures that are removed at the completion of the fishing day are exempted from this provision. 5.4.6 Seasonal docks. All private seasonal docks shall be removed on or before October 30 of each year. No more than one seasonal dock shall be permitted for each separately owned abutting lakeshore parcel. No seasonal dock shall exceed the following standards: (1) extend 20 feet from the shoreline, and (2) cover more than 60 square feet of water surface. 5.4.7 Pontoons and floating rafts. All private pontoons and floating rafts shall be removed, completely, from all surface waters by October 30 of each year. Only one pontoon or floating raft per property owner shall be allowed, and no pontoon or floating raft shall cover more than 81 square feet of surface water. Each structure shall have a minimum of four red or blue colored reflectors affixed on its sides and shall have the owner's name and address clearly affixed. 5.4.8 Adoption of state laws. Minn. Stat. ch. 86B (Water Safety, Watercraft, and Watercraft Titling) and 6 MCAR 1.0200-1.0212 (Boat and Water Safety Rules), as amended, are hereby adopted and incorporated by reference as part of this section. 5.5 Shelter and Equipment Dental 5.5.1 A written rental agreement is required for all groups renting a facility or part of a facility. Rental requests will be accepted on a first come, first serve basis according to the date the written request and payment are received. Rental agreements will be issued to adults only. All time needed for set-up and tear -down must be included in rental hours. Pavilion/ shelter rentals become available on the first working day in January of each year on a first come/first serve basis. Specific rules for each area are included in Appendix 5.6 Use of Parks for Large Groups and/or Charity Walks/Runs 5.6.1 All groups wishing to use a City of Eagan park or open space for a large group event must apply for a permit and pay permit fee in advance of their event. This fee is in addition to the rental of pavilion if the group will be using a substantial portion of park grounds or trail. Activities will only be allowed if they are not in conflict with existing City programs/ services. 5.7 Use of Parks, Pavilions, and Moonshine Retreat Center for Fund Raising or Commercial Profit Generating Activities 5.7.1 Groups wishing to use a park, pavilion, or Moonshine Retreat Center for a fund raising or commercial profit generating activity will be charged a rate that is 15% higher than the public rental fee. 5.8 Park Maintenance Levels 5.8.1 Turf Management A system designed for prescribing specific levels of cultural treatments on turf to achieve desired goals based upon the intensity of use, public visibility, and aesthetic considerations. a. Mode I Premium quality turf managed under a program of intense cultural treatments. Turf areas subjected to frequent and intense levels of use throughout a majority of the growing season commonly associated with athletic field sites programed for organized sports. Turf height maintained with a reel mower to minimize damage to leaf blades and establish a uniform grain (1 Y2 - 2" height). All sites fully trimmed with each mowing and grass clippings cleared from walkways and parking areas. irrigated sites normally mowed once every three to five days; non -irrigated sites mowed. once per week with a minimum of three fertilizer applications per year. Soil aerified a minimum of three times per year to reduce compaction. Topdressing performed as frequently as once per year to maintain smooth turf grade. Over -seeding or sodding performed annually to re-establish uniform turf cover on worn areas. Pre -emergent and broadleaf herbicide applications conducted annually to maintain weeds at less than one percent cover. Turf may require periodic de -thatching. b. Mode H High quality turf managed under a program of moderate to intense cultural treatments. Turf areas generally subjected to moderate levels of use and often associated with high public visibility sites such as municipal buildings, community centers, arboretums, cultural facilities, and other special use sites. Turf height normally maintained with a reel mower or rotary mower on a five to seen day frequency. Trimming and edging performed with each mowing; grass clippings removed from all hard surfaces. Entire sites or portions thereof may be irrigated with a minimum of two fertilizer applications per year. Aerfication normally performed only in areas subjected to intensive foot traffic. Topdressing and over seeding/ sodding conducted as required by soil compaction and turf wear. Pre -emergent and broadleaf herbicide applications made once per year to maintain weed populations at a minimal level. C. Mode III Moderate to high-quality turf managed under a program of balanced cultural treatments. Turf areas subjected to use levels ranging from moderate visitation to areas of intense usage commonly associated with the broadest range of park and recreation areas including tot lots, neighborhood parks, and community parks. Mowing normally conducted with a rotary type mower at a frequency of seven to ten days. Mowing height is 2 - 21/2 inches with some grass clippings visible. One or two fertilizer applications made per year, usually during fall months. Core aerification of soil generally not required, but may be made in conjunction with over seeding or sodding in degradated turf areas. Topdressing is seldom performed. Herbicide application is made in fall to control broadleaf weeds at a moderately acceptable level.. d. Mode IV Low to moderate quality turf managed under a program of minimal cultural treatments. Includes turf areas generally not subject to direct public use and most commonly occurring along boulevards, internal trail ways or in marginal areas of larger parks. Mowing conducted an average of once per two weeks. Height of turf at mowing may exceed four inches. Grass clippings are commonly visible and may blow onto adjoining surfaces, e.g. trails. Cultural treatments such as aerification, topdressng, and weed spraying, not normally practiced. Over seeding/ sodding practices are utilized only to the point of controlling erosion or minimizing public hazards. Concentration of weeds may be moderate to high. e. Mode V Low quality grassy areas not maintained for outdoor recreation use. These areas may include right-of-ways, derelict tracts of public land, or rough cut roadside ditches. They are generally mowed to a rough quality level only once or twice per year for the purpose of controlling noxious weeds, maintaining pedestrian visibility, or reducing grass fire potential. Mode V areas may include certain easements, open space areas, or marginal components of community -type parks. Includes prairies subjected to controlled management burns. Mode VI Includes all other areas, as determined by policy, where ground cover shall be left in a non -maintained (natural) condition. Examples are wooded areas, open spaces, green belts, wetlands, interpretive areas, and community preserves. 5.8.2 Skating Rinks A system designed for prescribing specific levels of ice surface maintenance and operations - at hockey and pleasure rink sites - to achieve desired goals related to intensity of public use, organized recreation activities, and safety considerations. a. Mode I High quality skating surfaces managed under a program of intense and varied ice maintenance activities. Pleasure rinks and ice hockey rinks normally subjected to consistently high levels of use during the entire skating season. Weekend use intensive during periods of favorable weather. Commonly associated with sites offering double hockey rinks, pleasure rink, permanent warming shelter, and lighted parking lot. Typically programmed for organized events including hockey, broomball, skating lessons, and daytime usage. Speed skating rinks are also considered Mode I sites. Highest maintenance priority given to Mode I sites. Base ice established to a depth of 4 inches to 6 inches on a priority basis. Snow removal and ice surface sealing performed six days per week, including Saturdays, during appropriate temperature regimes. Ice surfaces scheduled for frequent mechanical shaving to create a uniformly smooth surface largely free of frost heaves, cracks, and undulations. Edging of hockey boards performed weekly to maintain clean edges and square corners. Hockey rinks given first priority for line striping with full regulation "markings". First sites to receive snow removal following storms. Closing date extended consistent with ability to maintain quality ice surfaces. b. Mode H Maintenance practices geared to achieve good to high quality skating surfaces. Use levels generally ranging from moderate to intense through a majority of the skating season. Organized recreation activities typically less broad in scope than Mode I sites; primarily focusing on general pleasure skating and "pick-up" games. Facilities normally include single hockey rink, pleasure rink, and warming structure, and may include formalized parking. Maintenance of site given second priority for snow removal and sealing. Base ice established to 4" to 6" thickness. Snow removal normally conducted six times per week; sealing five times per week and Saturdays when feasible. Ice surfaces shaved on a periodic basis to obtain a reasonably uniform surface with minimal undulations and safety hazards. Edging of boards made as required to maintain moderate ice buildup. Line striping given second priority and includes red, blue, and goal lines only. Mode H sites normally closed on second weekend in February. C. Mode III Ice surfaces managed through a program of moderate level maintenance activities. Use levels most often ranging from low to moderate in intensity. Recreational skating occasionally "busy' during favorable weather. Most often associated with sites offering single hockey rink and pleasure rink. Warming structures usually smaller scale and of temporary construction. Mode III sites not normally programmed for organized recreation programs; most usage originating from neighborhood park area. Base ice established to a depth of 3" to 5". Snow removal and ice sealing conducted five days per week during normal maintenance operations. ice shaving performed periodically to maintain surface at a level of moderate quality, generally free of prominent frost heaves and cracks. Edging of boards not normally practiced. No line striping made on rink surfaces. Snow removal/ plowing conducted on a third priority basis_ Rinks typically close first weekend in February. d. Mode IV Ice surface maintained at a moderate quality level. Normally associated with sites offering single pleasure skating rink only and no warming shelter. Generally not programmed for recreation events or lessons. Primary usage originating from neighborhood park service area and comprised mainly of younger children. Base ice established to a depth of three to five inches. Snow removal and sealing of ice surfaces made three to five times per week. Ice shaving performed at a frequency to maintain surface uniformity at a moderately acceptable level. No edging. Line striping made only for a programmed special event Mode IV sites typically close first weekend in February. Note: Pre -season activities conducted at each site include painting of boards, aiming and replacement of light fixtures, cleaning of buildings, testing of heating systems, and delivery of operational supplies and nets. Post season tasks include repair and painting of nets, building maintenance, and the return of operational supplies to seasonal storage. r -z Base Flooding Snow Removal Flooding Hockey/Pleasure Rink Operational Phase Maintenance Summary Mode A Mode B Mode C First priority; 6" base desirable 6 days/week 6 days/week Routinely scheduled; smooth uniform Shaving surface, "high" quality ice Second Priority; 4-6" base desirable 6 days/week 6 days/week Periodically scheduled; "good" quality ice Third priority; 3-5" base desirable 6 days/week 6 days/ week As required; "moderate" quality surface desirable As required; moderate ice None Mode D Fourth priority; 3-5" base desirable As required 2-3/week minimum As required; "moderate' quality serface desirable * speed skating - "Mode A" level n/a Speed skate sites only Third priority; 1"+ and as n/a require 1St weekend in 1St weekend in February February Daily "cleaning" by attendants n/ a Daily pick-up by Daily pick-up by park staff park staff Once/week; clean, `minimrequired; Edging square edges j buildup Second priority; First priority; full red,blue, goal Line Striping regulation lines, lines; circles, etc. Broomball sites - arc Parking Lot First priority; Second priority; 1"'+ and as Access Plowing 1" and as required rewired Closing Date Open ended j 2nd weekend in February Permanent Daily cleaning by structures; Building attendants; weekly "A" level Maintenance cleaning by park Temp structures; staff daily "cleaning" bv attendants f Refuse Daily pick-up by Daily pick-up by Maintenance park staff park staff Third priority; 3-5" base desirable 6 days/week 6 days/ week As required; "moderate" quality surface desirable As required; moderate ice None Mode D Fourth priority; 3-5" base desirable As required 2-3/week minimum As required; "moderate' quality serface desirable * speed skating - "Mode A" level n/a Speed skate sites only Third priority; 1"+ and as n/a require 1St weekend in 1St weekend in February February Daily "cleaning" by attendants n/ a Daily pick-up by Daily pick-up by park staff park staff 5.8.3 Tubing Hill a. Mode I Formalized tubing areas offering large and wide expanses of open hills capable of handling large crowds. Typically situated in community -type parks attracting users from a citywide area. Hills normally lighted to extend operational hours and afford safe sledding opportunities. Sites staffed by attendants to oversee operations and distribution of sledding tubes. Support facilities usually include permanent warming shelter and lighted parking facilities. Use levels ranging from moderate to high, with emphasis on "family sledding." Mowing, clearing, and inspection of designated sledding areas conducted in fall. Special emphasis placed on addressing potential hazards - uneven surfaces, protruding rocks, fallen branches, etc. Perimeter safety zone fencing installed pre -season along with placement of bales around trees, buildings and other obstructions. Delivery of sledding tubes made at opening of facility. Scarification and grooming of snow conducted once per week under adequate depth conditions. Inspections made once per week. b. Mode 11 Informal sledding hills located in neighborhood parks. No provision made for on-site attendants, fencing, lighting or other support related functions. No formal maintenance program. Any inspections are completed in a manner and at a frequency consistent with the routine inspections of general park areas. 5.8.4 Snow Plowing Priorities Weekdays Snow ending before 6:00 am (regular shift start) i. Accumulation less than 1" - All routes cleaned and flooded in priority order. - Parking lots plowed in priority order. ii. Accumulation more than 1" - All routes cleaned in priority order. - Parking lots plowed in priority order. - Flooding conducted on time available basis. Snow ending before 2:30 pm (regular shift end) L Accumulation less than 1" - Maintenance may be required by programs. - Final cleanup made next regularly scheduled maintenance day. - May involve overtime work. ii. Accumulation more than 1" - A and B rinks cleaned in priority order. - Flooding unlikely (may have been performed earlier in day). - A and B parking lots plowed in priority order. Municipal Center/ Civic Arena sidewalks and lots cleaned. - Sledding and cross-country ski lots plowed. - May involve overtime work. Snow ending after 2:30 pm i. Accumulation less than 1" - No additional maintenance. - Cleaning and flooding conducted next regularly scheduled maintenance day. ii. Accumulation more than 1" - No additional maintenance unless required by programs. - Skating sites may be closed depending upon conditions. - Early call -out may be scheduled for following morning. - May involve overtime work. b. Saturdays/ Sundays Snow ending before 12:00 a.m. (regular shift start) L Accumulation less than 1" - Sat/Sun route cleaned. - Flooding conducted on time available basis. - Parking lots plowed consistent with safety considerations. ii. Accumulation more than 1" - "A" Rinks and parking lots cleaned. - Cross-country ski and sledding hill access/lots cleaned. - Flooding conducted on a time available basis. - Attempt to clean all rinks and sites, dependent upon available manpower Snow ending before 6:00 ant i. Accumulation less than 1" - No additional maintenance unless required by programs. ii. Accumulation more than 1" - "A" rinks cleaned. - Flooding unlikely (may have been performed earlier in day). - "A" parking lots plowed. Municipal Center/Civic Arena sidewalks and lots cleaned. - Sledding and cross-country ski lots plowed. - Attempt to clean "B" and "C" rinks and sites, dependent upon available manpower - May involve overtime and/or call out. Snow ending after 6:00 am i. Dependent on snow conditions. Users may "clean" rinks or skating sites may be closed. ii. May require overtime and/or call out to plow at special use sites. Holidays Snow ending before 8:00 am i. Accumulation less than 1" - No maintenance performed. ii. Accumulation more than 1" - Special callout (if manpower is available). - "A" rinks and parking lots cleaned in priority order to greatest degree possible. - Cross-country and sledding hill parking lots cleaned to degree possible. - When snowfall is significant, skating sites may be closed with maintenance deferred to next scheduled day. Snow ending after 8:00 am i. Dependent on snow conditions. Rink attendants/users may "clean" rinks or skating sites may be closed. Any combination of the following factors can have a.negative impact on the department's ability to implement the snow removal program as outlined above: a. Thawing temperatures b. Extreme cold C. Strong winds d. Snowfall duration/ snow accumulation 5.8.5 Sport Courts and Fields a. Priority of Use - City of Eagan programs and events along with those of partner organizations have first priority for field use through the reservation system. b. Reservation System - All reservations for field and court use must be made through the Parks and Recreation Department. C. Special Areas: i. Rahn Athletic Field #2 may not be used for baseball practice or games. ii. Westcott Station Park is to maintain as a passive an informal use park. No reserved or schedule activities may take place at this site. 5.8.6 Soccer Fields A programification system designed to prescribe specific levels of maintenance on municipal soccer fields. This program essentially defines two maintenance levels - one related to permanent soccer facilities, and one for soccer field overlays. a. Mode I Mode I is the higher of the two maintenance programification levels for soccer. Primarily related to permanently designated soccer fields, usually designed to full regulation dimensions with standard size goals. Fields are most often situated in community athletic complexes but may also be designed as neighborhood park elements. Fields may be lighted - to extend playing hours during spring and fall periods. Fields are typically programmed for junior and intermediate level play (5th through 8th grade) but may be used intermittently for senior level games and practices. Fields are normally subjected to a moderate to high level of use and may be programmed for up to six months per year. Initial layout and striping of fields conducted in early May. Routine striping scheduled on a once per week basis with full circles and lines; corner flags employed to better define field perimeters. Goals maintained in high quality condition, generally requiring refurbishing/ painting on a bi-annual basis. Shifting of fields and overseeing conducted annually to avoid significant degradation and turf wear around goal mouths. Turf managed under the Mode I turf programification program. Irrigation is commonly employed as a means for improving wear resistance, visual quality and safety of playing surfaces. b. Mode II This mode is primarily related to soccer fields used for bantam and elementary school age soccer programs. Fields are normally smaller than regulation size and use mini -size goals; most often are overlaid on open play areas or softball fields in neighborhood parks. Fields are generally subjected to moderate levels of play and normally are programmed for use during fall months only. Support facilities may be limited to on -street parking and portable restrooms; fields are not lighted. Initial layout and striping conducted pre -fall season. Routine striping made once per 7-10 working days. Goals maintained in a quality condition requiring painting every two years. Lower levels of use generally do not necessitate cultural turf practices such as over seeding, sodding, or field shifting. Turf managed under a Mode II or III turf management program. 5.8.7 Athletic Fields A system designed for prescribing specific levels of maintenance and upkeep at municipal and school athletic sites for the purpose of achieving desired goals based upon intensity of use, organized team play, visual considerations, and minimization of hazards. a. Mode I A program of intensive maintenance practices geared towards providing a high quality level of athletic and support facilities including playing surfaces, fencing, and spectator facilities. Athletic fields (softball and baseball) normally subjected to consistently high levels of usage during the entire playing season. Primarily programmed for adult softball and youth baseball games and practices; ie- community athletic sites. Fields typically lighted. Highest priority for maintenance is .given to Mode I Fields. Infield playing surfaces enriched with aghm. e prior to scheduled season and graded to provide a smooth and uniform crown. Fields graded once per month thereafter to maintain high quality surface; aglime buildup along infield edge flushed once per week to avoid playing hazards and turf damage. Infields "fine" groomed on a daily basis using utility truckster. Supplemental watering of infields is made twice per week (during dry periods) to reduce dust and windrowing of aglime. Striping conducted weekly including foul and out of play lines. Chalking of infields is done daily prior to scheduled games. Inspections made pre -season and monthly thereafter to detect problems associated with fencing, infields, and spectator facilities. b. Mode II Maintenance practices designed to achieve a good to high quality level of playing surfaces and support facilities is usually associated with neighborhood park or school athletic fields programmed for a moderate range of organized youth softball and baseball. Fields typically in use from late spring through mid -summer and often subjected to "casual' or unorganized use by neighborhood children. Fields normally offer backstop and full aglime playing surface but no lights or outfield fencing. Aghme enrichment of infield made every two years. Grading and shaping of aghme conducted pre -season and mid-season to provide a generally good quality and well -drained playing surface. Flushing of infield edge made once per month to keep aglime buildup to less than two inches. Infield grooming conducted daily, during playing season, using tractor/ drag. Striping scheduled once every two weeks under normal conditions and includes foul and out -of -play lines; no chalking of infield lines. Inspections made -twice per season. C. Mode III A program of moderate level maintenance practices intended to ensure good quality playing surfaces and facilities. These sites are typified by a low to moderate level of organized use, primarily youth baseball. Some non- scheduled onscheduled neighborhood "pickup" games also occur. Facilities are similar to Mode II sites, i.e. backstop, aglime infield, and players' benches. Maintenance programs and priorities intended to coincide with these lower levels of use. Aglime enrichment scheduled on a two year basis with infield grading conducted once per season - infields may be subject to a slight ponding of water following rainstorms. Grooming of aglime conducted daily during playing season. Flushing of infield edges made once per year to maintain aglime edge in a "playable" condition. Infield irrigation is done on a third priority basis. Striping conducted once every two weeks - foul lines only; no chalking of infields. Inspections made pre -season only. d. Mode IV Athletic field maintenance practices intended to support a low level of general public usage on smaller neighborhood park infields. Ball fields are generally less developed than Mode Il or III fields, typically including a freestanding backstop, open playfi.eld and infield benches, with no aglime playing surface. Most usage generated by neighborhood children playing "pickup" games or practice hitting. Fields are not programmed for organized use. Low maintenance activities associated with Mode IV fields. Primary emphasis on once per year inspections to detect problems associated with backstops, infield benchesi or playing hazards. SECTION SIX FORESTRY POLICIES 6.1 Firewood Cutting 6.1.1 The City of Eagan has adopted a policy which will allow residents to remove dead or dying trees from City/ Park property subject to the following provisions and procedures. A completed Firewood Cutting Permit (Appendix ) must be submitted to City Forester, 3501 Coachman Point, Eagan, MN 55122. Applicants are contacted if application is approved an appropriate approval forms are provided before firewood cutting may begin. Questions about this process should be directed to the City Forester (Supervisor of Forestry) at 651-675-5300. a. The City Forester is to make a determination tha t the tree in question is suitable for removal and is on City property. b. The tree(s) will be identified and felled by city staff. C. A permit will be issued at the Parks Maintenance/ Forestry Department. The permit will only be issued after signing a "general release Form Liability" (see Firewood Cutting Permit). d. The permit will be valid only for these days indicated on the permit. e. The felled tree is to be removed in its entirety. Clean up of branches, twigs, etc. is required by the permit holder. Failure to do so will disqualify the individual from receiving future permits. The City will make an inspection to assure compliance. The permit holder must carry the permit and present it if requested, during the time period the tree is being cut up and removed. It is a violation of City ordinances to cut, damage or remove City trees without a permit. Eagan police may/will be checking to insure that only permit holders are removing designated trees in accordance with the permit. g. The permit holder shall exercise caution in the cutting and removal of the trees aizd shall leave all vegetation, wildlife and natural resources as undisturbed as possible. h. The permit holder must seek to minimize turf damage during cutting and 'removal of tree. Vehicles are not allowed on park property; however, during the removal process you may use a vehicle suitable for the tree removal. Do not proceed with tree removal if the soil is soft. City staff will designate the appropriate route. It shall be the responsibility of the permittee to repair turf damage resulting from the removal process. i. Transferring or assigning the permit to another is not permitted. j. The City retains the right to revoke, withdraw or change any portions or parts of this policy at any time, without the consent of the permittee. M k. The number of permits issued to any one individual during a year will be at the discretion of the City Forester and will be based on: 1) past performance in clean-up; 2 demand for permits by others. 1. To continue with the Firewood Cutting Permit application process, the applicant shall refer to and complete the "boxed" information lines of the Firewood Cutting Permit application. Applicants win be contacted when the application is ready. 6.2 Landscaping Near Public Right -of -Way 6.2.1 The City of Eagan does allow the planting of trees and shrubs within street right-of- ways ightof- ways (boulevards), by permit, with certain restrictions. These restrictions take into consideration location and clearance for underground utilities, sidewalks, street design, schedules for major construction, and vehicle/ pedestrian visibility. 6.2.2 The City may deny issuance of a planting permit, if in the opinion of the City, such planting may become a visual obstruction or intrusion for safe vehicle and/or pedestrian traffic, or insufficient space exists as a result of utilities or sidewalk locations. 6.2.3 Process for obtaining a planting permit: a. Complete a Firewood Cutting Permit (Appendix ) with name, address of the resident/business where the planting will take place, species to be planted and location. b. Call Gopher State One Call (651-454-0002) to obtain utility locations for the general area of interest. After obtaining utility locations, determine desired location for the tree and field mark with a stake. Mark the stake with the tree species or corresponding number on the application. C. Mail or bring the application to the Eagan Supervisor of Forestry, City of Eagan, 3501 Coachman Point, Eagan, MN 55122. d. City staff will review the locations and make a site visit. to determine if the application meets permit requirements. A returned, approved application is provided to serve as a permit to plant. There is no permit fee required. 6.3 Ordinance No. 217 2nd Series AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATION (ZONING)" BY ADDING SECTION 11.10, SUBD.15.1 REGARDING TREE PRESERVATION REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.10, Subd. 15.1 to read as follows: Subd.15.1. Tree Preservation A. Findings and Purpose Statement. The City Council finds it is in the best interest of the City of Eagan to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development and alteration of wooded areas. In the interest of achieving these objectives, the City of Fagan has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: 1. Protection and preservation of the environment and natural beauty of the City; 2. Assurance of orderly development within wooded areas to minin- ize tree and habitat loss; 3. Evaluation of the impacts to trees and wooded areas resulting from development. 4. Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal. 5. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting .during development; and 6. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community. B. Definitions. For the purpose of this Subdivision, the following terms shall be defined as stated. Applicant shall mean any person or entity who is required to submit and implement an approved Tree Preservation Plan under this section. Builder shall mean any person or entity to whom a building permit is issued for the construction of a single-family residence. Caliper inch shall mean the diameter of replacement trees measured at a height of one foot (1") above the ground level. Construction Area shall mean any area in which movement of earth, alteration in topography, soil compassion, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. Critical Root Zone (CRZ) shall mean an imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter, e.g. a 20 -inch diameter tree has a CRZ with a radius of 20 feet. Developer shall mean any person or entity other than a builder as defined herein, who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. Development shall mean individual lot single-family residence development, single- phase development and two-phase development as those terms are defined herein. Diameter shall mean the length of a straight Iiiie measured through the trunk of a tree at 54 inches above the ground. Diameter Inch shall mean the diameter, in inches, of a free measured at diameter breast height (4.5 feet from the uphill side of the existing ground level). Drip Line shall mean the farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. Forester shall mean a person holding a Bachelor's degree in forestry from an accredited four-year college of forestry. Individual Lot Single -Family Residence Development shall mean the process where the construction of a new single-family residence occurs on a single lot or the expansion. of any existing single-family residence by ten (10) percent or greater square feet. Landscape Architect shall mean a person licensed by the State of Minnesota as a landscape architect. Multiple -phase Development shall mean the process where improvement of the entire site occurs in at least two distinct phases. Generally the first phase includes initial site grading; installation of utilities; construction of public streets; construction, grading of drainage ways; and filling of any areas. The second phase generally includes grading of specific pad. areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the specific construction zone. Significant Woodland shall mean a grouping or cluster of coniferous and/ or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees between four inches and twelve inches in diameter or coniferous trees between four feet and twelve feet in height. Single-phase Development shall mean the process where improvement of the entire site occurs in one continuing process. Activities which can occur during single-phase development include initial site grading; installation of utilities; construction of public streets; construction and grading of drainage ways; filling of any areas; grading of the pad area; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the construction area. Tree shall mean any of the following type of trees, as each is defined herein: Coniferous/Evergreen Tree shall mean a wood plant which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year-round. Deciduous Tree shall mean a woody plant which, at maturity, is at least fifteen (15) feet or more in height, having a defined crown, and which sheds leaves annually. Significant Tree shall mean a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, defined herein, or a minimum of twelve (12) inches in diameter for softwood deciduous trees as defined herein; or a minimum of twelve (12) feet in height for coniferous/ evergreen trees. Hardwood Deciduous Tree shall include: Ironwood, Catalpa, Oak, Maple hard, Walnut, Ash, Hickory, Birch, Black Cherry, Hackberry, Locust and Basswood. Softwood Deciduous Tree shall include: Cottonwood, Poplars/Aspen, Box Elder, Willow, Silver Maple and Elm. Specimen Tree shall mean a healthy hardwood deciduous tree measuring equal to or greater than thirty (30) inches diameter and/or a coniferous tree measuring 50 feet or greater in height. C. Tree Preservation Plan 1. Scope of Application. A Tree Preservation Plan shall be submitted to and approved by the City and implemented in accordance therewith in connection with any of the following: a. New development in any zoning district; b. New building construction in any zoning district; C. Expansion of any existing commercial, industrial or institutional building or impervious surface by ten (10) percent or greater square feet, where an approved Tree Preservation Plan is not on file with the City; and d. Any project for which a City grading permit is required. 2. Submission Requirements. The Tree Preservation Plan required hereunder shall be submitted with any preliminary subdivision plans as required by the subdivision regulations of this Code; incorporated as a part of any landscape plan as required by the zoning regulations of this Code; or incorporated as part of a grading plan and an application for any grading permit as required by this Code. All Tree Preservation Plans must be certified by a forester or landscape architect retained by the applicant. The proposed grading plan shall be submitted to the City at least five (5) working days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. All sites shall be staked, as depicted in the approved grading plan, and the required tree protection fencing shall be installed before grading is to commence. The City shall inspect the construction site prior to the beginning of the grading to ensure that protective fencing and other protective measures are in place. No encroachment, grading, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the Critical Root Zone of the trees to be saved. Applicants of single-family residential building permits are required to prepare an Individual Lost. Tree Preservation Plan when Significant Tree, Specimen Trees, and/or Significant Woodlands exist on site. Individual Lot Tree Preservation Plans are not required to be prepared by a forester or landscape architect. 3. Plan Requirements. All applicants shall submit a Tree Preservation Plan prepared in accordance with the provisions of this Subdivision. The Tree Preservation Plan shall include the following information: a. The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders. b. Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon. C. Delineation of all areas to be graded and limits of land disturbance. d. Size, species, and location of all existing significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. e. Identification of all significant trees, specimen trees, and significant woodlands proposed to be removed within the construction area. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. f. Measures to protect significant trees, specimen trees, and significant woodlands. g. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the Tree Replacement Schedule; and h. Signature of the person(s) preparing the plan. 54� 4. Mitigation. tio_n. a. In any development that the tree/ woodland allowable removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation of (tree replacement) appropriate areas within the development area, in accordance with the Tree Replacement Schedule, or payment to the City of the sum per diameter inch calculated from the total amount of diameter inches of the required replacement trees in accordance with the Tree Replacement Schedule. The fee per diameter inch shall be set forth in the City of Eagan Fee Schedule and the payment thereon shall be deposited into an account designated specifically for tree mitigation. b. The form of mitigation to be provided by the applicant shall be determined by the City. C. The planting of trees for mitigation shall be in addition to any other landscape requirements by the City. d. Significant tree replacements will be calculated by replacing the largest diameter tree first, proceeding down to the smallest diameter significant tree. 5. RRec _aired Protective Measures. The Tree Preservation Plan shall identify and require the following measures to be utilized to protect Significant trees, Specimen Trees, and Significant woodlands: a. Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. b. Identification of any oak trees requiring pruning between April 15th and July 1st. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate non-toxic tree wound sealant. C. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. 6. Additional Protective Measures. The following tree protection measures are suggested to protect significant trees, specimen trees, and significant woodlands that are intended to be preserved according to the submitted Tree Preservation Plan and may be required by the City: a. Installation of retaining walls or tree wells to preserve trees. b. Placement of utilities in common trenches outside of the drop line of significant trees, or use of tunneled installation. C. Use of tree root aeration, fertilization, and/or irrigation systems. d. Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area. e. Therapeutic pruning. 110 7. Review Process. The Tree Preservation Plan shall be reviewed by the City to assess the best possible layout to preserve significant trees, specimen trees, and significant woodlands and to enhance the efforts to minimize damage to specimen trees, significant trees and significant woodlands. The applicant shall meet with City staff prior to submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest significant trees, specimen trees, and significant woodlands are destroyed or damaged. 8. Performance Guarantee. Any applicant of a new development may be required to provide a performance guarantee following preliminary approval of the Tree Preservation Plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted, specific to the tree preservation fulfillments, shall be calculated as follows: a. Unless the applicant provides tree mitigation in the form of cash dedication, one -hundred percent (100'%) of the cost of completing tree replacement mitigation as determined by the City; b. An amount to guarantee preservation of all trees, identified by the approved Tree Preservation Plan to be preserved, within fifteen feet (1.5') of the construction zone (measured from the construction limit to the nearest side of the tree). The amount shall be calculated by multiplying the total diameter inches of significant trees and specimen trees to be preserved within this fifteen feet (15) zone by the rate of payment of $25.00 per diameter inch and the total square feet of significant woodlands to be preserved within the fifteen (15) foot zone by the rate of $1.20 per square foot. No performance guarantee shall be required for applicants of building permits of single-family residential units. Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the City that the Tree Preservation Plan was followed and that the Tree Replacement Schedule was complied with where necessary, but in no event shall the performance guarantee be released earlier than one (1) year after the date of the project closure. 9. Removal of Diseased Trees Required. Prior to any grading, all diseased, hazard, and nuisance trees on the subject property shall be identified by the City Forester or City Tree Inspector in accordance with the tree disease control and prevention regulations of the City Code. Any and all diseased and nuisance trees so identified shall be removed from the property at the time of grading, if so directed. 10. Compliance with Plan. The Applicant shall implement the Tree Preservation Plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated or until a request is made to and approved by the City Forester. No significant trees, specimen trees, or significant woodlands shall be removed until a Tree Preservation Plan is approved and except in accordance with the approved Tree Preservation Plan as approved by the City. If a significant tree(s), specimen tree(s) or any significant woodlands that were intended to be preserved, is removed without permission of the City Forester, or damaged so that it is in a state of decline within one year from date of project closure, a cash mitigation, calculated per diameter inch of the removed/ destroyed tree or per total square foot of significant woodlands, in the amount set forth in the City of Eagan Fee Schedule, shall be remitted to the City. The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved Tree Preservation Plan. The City shall determine whether compliance with the Tree Preservation Plan has been met. D. Allowable Tree Removal. 1. Tree Removal Allowance. Specimen Tree, Significant Tree, and Significant Woodland removal shall be in accordance with the City -approved Tree Preservation Plan and in no c�ise shall the amount of removal exceed the following percentages: a. Single -Lot Development 1. Single -Unit Residential, 20% 2. Commercial and Multi -Unit Residential, 30% b. Multiple Lot Development 1. Single -Phase Development 1.. Single -Unit Residential, 40 % 2. Commercial and Multi -Unit Residential, 47.5 % 2. Two -Phase Development 1. Initial Site Development, 25% 2. Individual Lot Development a. Single -Unit Residential, 20% b. Commercial or Multi -Unit Residential, 30 % 2. Exception. When practical difficulties or practical hardships result from strict compliance with the provisions of this paragraph, the City may permit significant tree, specimen tree, and significant woodland removal in excess of the allowable limits. In the event such exception is granted, a reforestation plan or a cash mitigation will be implemented. The City shall determine which form of mitigation shall be utilized. E. Tree Replacement Schedule Size of Tree Damaged or Destroyed Coniferous -12 to 24 feet high Coniferous - 24 feet or higher Hardwood Deciduous - 6 to 20 inches Diameter Hardwood Deciduous - 21 to 30 inches Diameter Softwood Deciduous -12 to 24 inches Diameter Softwood Deciduous - > 24 inches Diameter Specimen Tree Number of Replacement Trees Category A Category B Category C 1 2 4 2 4 8 1 2 4 2 4 8 1 2 4 2 4 8 3 6 12 1, Significant Woodland Replacement. Where replacement of a Significant Woodland is required, the Applicant shall be responsible for furnishing and installing one Category A replacement tree or two Category B replacement trees or four Category C replacement trees for every 500 square feet of Significant Woodland damaged or destroyed, or any increment thereof. 2. Size of Replacement Trees. Category A trees shall be no less than the following sizes: Deciduous Trees - Not less than 4 inches in Diameter Coniferous Trees - Not less than 12 feet in height Category B trees shall be no less than the following sizes: Deciduous Trees - Not less than 2-1/2 inches in Diameter Confierous Trees - Not less than 6 feet in height Category C trees shall be no less than the following sizes: Deciduous Trees - Not less than 1=1/2 inches in Diameter Coniferous Trees - Not less than 4 feet in height 3. Species Re uirement. Where 10 or more replacement trees are required, not more than fifty (50) percent of the replacement trees shall be of the same species of tree without the approval of the City. 4. Warranty Requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within one (1) year after the date of project closure, shall be removed by the Applicant and replaced with a new, healthy tree meeting the same minimum size requirements within eight months of removal. Section 2. Eagan 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. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted:._ March 19,1996 CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: March 28,1996 Date of Advisory Planning Commission Hearing: February .V, 1996 1. \ 4pm \ Treeord.284 SECTION SEVEN ADMINISTRATIVE POLICIES 7.1 Youth Scholarship Policy (1-12 -06) 7.1.1 Introduction Eagan Parks and Recreation currently provides scholarship funding to assist youth participants with financial needs. The funding source for financial assistance was initiated through Council action in 2002 by increasing non-resident fees for permitted use of the athletic sites. At the end of each year those non-resident fees are tracked and 60% is marked for park maintenance while 40% is designated for the scholarship fund. Programs intended to reach low income households in the past have been coordinated by Youth Development and funded in partnership with the Dakota County CDBG program. These funds can be used for scholarship purposes when based on income eligibility requirements. Requirements and controls are set by the CDBG program and management of the program is guided using a self -certification form, which is reported quarterly by Parks and Recreation. 7.1.2 Authority The Advisory Parks Commission recommended and the City Council approved combining the scholarship program to take advantage of both pools of money to allow the greatest opportunity to Eagan residents:. While the non-resident fees will continue, the CDBG program funding is reviewed on an annual basis. 7.1.3 Program Implementation The Youth Scholarship Program and related requirement in partnership with the CDBG program will be implemented as follows: a. The program is intended for Eagan youth under the age of 18. h. Participants seeking scholarship funding will be required to complete the self - certification form for record keeping and reporting requirements. C. To assure equitable distribution to those that qualify, each youth under the age of 18 will have an annual maximum amount of $100 support with a family maximum of $500. d. Utilization of the non-resident fee proceeds would still be used if CDBG funding falls short of demand. 7.2 Fees and Charges Policy (2-10-06) 7.2.1 Introduction The Eagan Parks and Recreation Department has the responsibility of establishing a philosophy for recovering costs for use of the City's recreational facilities and for participation in various recreation programs. This philosophy is meant to be a guide for the Parks and Recreation staff to develop a fair and consistent fee schedule. It is intended to establish a standardized approach to assessing fees for all Eagan Parks and Recreation programs, classes, activities and facilities. 7.2.2 Philosophy Eagan s general philosophy is to fund park maintenance, its associated operating costs, and departmental administrative costs from other General Fund revenues and to recover a variable percentage of expenditures directly related to a particular program, activity, facility or event through user fees. Enterprise operations are expected to fully support their direct, indirect costs and capital costs. 7.2.3 Fees are appropriate because of one or more of the following: a. Cost per user hour of service and/or facility is higher than what is expected for general use or upkeep. b. A fee will expand activities for all people. (e.g. Funds may be available for an event but charging a fee allows for additional activities to take place during an event.) C. Use of the service or facility is limited to a relatively few individuals; therefore, those who benefit to the exclusion of others should be assessed a user fee for the privilege. d. Imposition of a fee serves an independent function such as to limit the use of facilities among a large number of users; to aid in discipline and control; and to promote respect for activity and/or service. 7.2.4 Authority The authority to establish appropriate fees rests with the Eagan City Council. The Eagan Parks and Recreation staff shall act in an advisory capacity to the City Council in the establishment of a fee structure. 7.2.5 Direct Costs Direct costs can be related to a specific activity or service provided. Direct costs are typically supported by user fees. Examples include: program instructors, site supervisors, facility costs, supplies and equipment, program specific maintenance such as lining and dragging fields, and program specific advertising. 7.2.6 Indirect Costs Indirect costs are general in nature and are not directly related to a specific activity or service. These costs are typically supported by other General Fund revenues. Examples include: administrative staff, office space, utilities, general department marketing, and general maintenance such as mowing, irrigation, fertilizing, and capital expenditures. 7.2.7 Categories of Cost Recovery The percentage of recovery for direct and indirect costs varies from program to program and facility to facility. All recreation programs and facilities are expected to be classified in one of the categories listed below. It is recognized that new recreation programs may need an implementation period during which revenue goals may not be met as the public becomes aware of the program and enrollment grows. For this reason, programs roust meet appropriate revenue goals by their third offering. Programs in place when this policy is initiated will also have a reasonable time to reach the new target levels. a. Fiduciary - Public Service: These Department activities are offered as a public service to benefit the community as a whole with either no or a nominal admission or registration fee and are, supported by other General Fund revenues. Advertising sponsorships may be sold or civic organizations and non-profit groups may partner with the City to enhance these activities as approved as part of the budget each year. Some examples include: Halloween Hodgepodge, Lone Oak Days, Ice Rink Warming Houses, Evening in the Park and Community Concert Series, Open Recreation Hours at the Oasis and Lone Oak Room, and Puppet Stage Performances. b. Public Benefit - Partial Cost Recovery: To provide affordable user fees and promote participation in core community programs and facilities, the Department attempts to recover all direct program costs plus an additional 25% for indirect costs. Examples include preschool programming, summer camps, developmental sports, adult sport leagues and youth recreational classes. C. Market Rate Fee or Quality of Life Enhancement - It may be appropriate to charge a fee that recovers more than 25 % of indirect costs if: i. The program benefits a' specific, narrowly defined user group. ii., The higher fee serves to ration the amount of service that a facility or program can support. iii. The average market rate for similar services is significantly higher due to. demand. Examples include bus trips, skating lessons, private or semi -private sport lessens, and adult fitness classes. d. Enterprise Operations: 100% of direct and indirect costs, plus a profit margin, are intended to be recovered through user fees. All profits are retained in the fund. Revenue targets/ goals are adopted for these facilities; however, staff is given some latitude in order to be able to adjust user fees in response to market trends, use patterns, and an approved marketing plan. 7.2.8 Concessions Although concession operations are provided as a part of Parks and Recreation Facilities as a service to the public, this service must not detract from core programs. Therefore, all concession operations must generate enough revenue to cover all direct expenditures and advertising and are encouraged to generate revenue to offset indirect expenses through appropriate product selection, pricing and advertising. 7.2.9 Scholarship Policy A limited Scholarship Fund is available to provide financial assistance for youth under the age of 18 for participation in recreational activities. Scholarships cover a portion of the fees charged. Scholarship applications must be made in person at the Parks and Recreation main office. 7.2.10 Use of Subsidized Park Facilities, Pavilions, and Moonshine Retreat Center for Fund Raising or Commercial Profit Generating Activities Groups wishing to use a park, pavilion, or Moonshine Retreat Center for a fund raising or commercial profit generating activity will be charged a rate that is 15% higher than the public rental per the City's fee schedule. 7.2.11 Independent Contractor Guidelines Independent contractors will only be used to deliver programs through Eagan Parks and Recreation for the following reasons: a. Entertainer or speaker at an event or class that is being held as part of an overall program or event. b. Company that provides a specialized service (i.e. timing for 5K or lighting/ sound for a concert). C. To provide specialized instruction where the City is not able to provide the same service through direct hiring of an instructor and the City will benefit from an independent contractor's advanced training, credibility, certification, "following" or "name value". 7.2.12 Payment and Terms with all Independent Contractors offering programs and classes a. All registration and fee collection will be the responsibility of Eagan Parks and Recreation. b. Eagan Parks and Recreation will promote the program through the Discover Brochure and the City's website. Flyers may also be distributed through other Eagan Parks and Recreation programs. Independent Contractors may also produce/ distribute their own publicity for these programs. C. 25% of all collected fees will be retained by the City up to a maximum of $25 per registration. The remaining registration fees will be paid to the independent contractor at conclusion of each class/season. d. The independent contractor is responsible for facility rental fees in addition to the 25% of revenue retained by Eagan Parks and Recreation. With advance agreement, this fee may also be deducted directly from the contractor's 75% of program registration fees. e. Refunds requested before the registration deadline will be approved by the City. Refunds after the program begins will only be issued with the approval of the independent contractor. 7.3 Public Art and Memorial Installations in City of Eagan Parks 7.3.1 Statement of Purpose The purpose of this policy is to encourage the display of public art in the City of Eagan and to provide a mechanism for the inclusion of public art and memorial structures throughout the city's parks and open spaces. Public art can play a vital role in transforming the community into a destination, a .distinct place within the metropolitan area. Public art can also acknowledge and celebrate the City's history through commemorative art, memorials, and interpretive projects. While public art and memorials may enrich a park experience for park users, public open space is also a very precious commodity. New structures should be carefully reviewed to balance these two public benefits. 7.3.2 Process for Selection Artwork and memorial structures may be acquired through donation, open competition, invitational competition or direct.selection. The process for evaluating proposals is as follows: a. Proposals for placement of artwork or memorial structures must be made in writing to the Director of Parks and Recreation. b. Public comment period announced at APrC meeting. C. Evaluation by the APrC with a recommendation based upon the public benefit of the action made to the City Council. d. Action by the City Council. 7.3.3 Conflicts of Interest Any member of the APrC with a connection or interest in one of the artists or pieces of art must disclose this conflict of interest. 7.3'.4 Public Review and Comment Period Each proposal will be announced to the public at an APrC regular meeting and then made available for public review and comment at Eagan City Hall for a minimum of 30 days before action is taken by the APrC. 7.3.5 Required Proposal Information The written proposal must include: a. A photo or drawing of the structure. b. Appraised value of the structure. C. Description of materials used to create structure including materials needed to display/ secure the structure in the park. d. Dimensions of structure including appropriate base materials needed at the park site. e. Description, including materials, dimensions, wording and location, of interpretive signage for the structure. f. Statement regarding relationship to proposed site including aesthetic, cultural, or historic ties. g. Statement of probable lifespan of structure and annual maintenance needed to maintain structure integrity. h. Statement as to whether the work is unique or duplicates other work by the same artist. i. Statement regarding the significance of the person or event to be memorialized in relationship to the community and to the proposed site. (Memorial proposals only) 7.3.6 Public Art and Memorial Guidelines All art and memorial structures must comply with applicable statues such as the Uniform Municipal Contracting Law, environmental laws, and disability/ accessibility laws. In addition, all art and memorial structures must meet the following L guidelines before being considered for placement in a City -owned park or open space: a. Absolute ownership and control of the art or memorial structure must pass to the City, including all drawings, proposals, sketches, and other conceptualizations of the art or memorial. All intellectual property rights, including patents, copyrights and moral rights must be assigned to the City. The applicant artist or donor shall waive all .intellectual property rights, including moral rights, to the art or memorial structure. b. Donations will not be accepted where a condition of donations requires permanent exhibition. C. In the judgment of the majority of the APrC and the City Council, the structure must be appropriate for display to the general public. d. Cost of on-going maintenance and repair anticipated throughout the lifespan of the structure must fall within normal park maintenance budget allocations. e. Donations that require the City to pay installation, framing, restoration, or repair are not encouraged. f. Artist or provider may request a specific site. However, each placement will be evaluated based upon suitability of the structure for the site. The APrC will make a recommendation to the Council concerning an appropriate site for each structure. g. If proposal accepted by the City is a concept or design then the final product must match the approved concept or design. 11. The person to be memorialized shall have been deceased for a minimum of five years. (Memorials only.) 7. Criteria for Review The APrC will make a recommendation based upon the following criteria: a. The proposed structure should be compared with the artists' best work and the best works in the City collection. The acquisition should strengthen, rather than dilute the City's collection. b. If the structure is to be erected outdoors, the physical condition of the structure should be considered in terms of durability in an outdoor setting. Any requirements for immediate or future conservation should be noted. C. The structure must add interest and meaning to the environment in which it is placed. It must be compatible in scale, material, form and content with its surrounding and form an overall relationship with the site. Structure must conform to any existing Master Plan for the site. d. The structure must have social, cultural, historical and physical context to the site, both existing and planned. e. The City's overall collection shall strive for diversity in style, scale, media, and artists. There shall be encouragement of exploratory types of work as well as established art forms. f. In addition to the criteria for a piece of art, memorials will be judged on the significance of the person or event being memorialized in relation to local social, cultural or historical context and must represent broad commuxaity values. g. Structures whose messages are exclusively religious in nature will not be accepted. h. Structures whose messages are exclusively political in nature will only be considered if the political message is of a historical context 7.3.8 Removal of Public Art and Memorials The City shall remove and dispose of works of art and memorials in its collection when it finds such action to be in the public interest based upon the following: a. As a means of improving the quality of the City's collection L The structure has no relevance to the collection or serves no exhibition function. ii. The structure has a duplicate in the collection. iii. The structure no longer meets the current standards for public art and memorials. b. Due to concerns for public safety when a structure becomes a hazard or a public liability. C. The structure is in a seriously deteriorated condition. d. Removal should not be based on current fashion or taste. Attention should be paid to maintaining a collection which forms a continuum of the City's visual art history. Recommendations for removal shall be made to the APrC who will then make a recommendation based upon the public benefit of the action to the City Council for final approval. Each request for removal will be announced to the public at an APrC regular meeting and then made available for public review and comment at Eagan City Hall for a minimum of 30 days before action is taken by the APrC. Once approval for removal is granted, the structure shall be disposed of in accordance with Minnesota Statues Chapter 471. 7.4 Donor Naming Policy Note: Draft has been reviewed by City Attorney. Revised 12-09-2003. Recommended for approval by APrC, January 15, 2004 Reviewed by Council at workshop on January 27, 2004. Approved on February 3, 2004 The City of Eagan seeks to recognize donors who wish to support the City's Parks and Recreation department through distinguished effort or substantial financial endowment, by naming facilities in their honor. This policy offers a guideline to determine when such cases are appropriate and which may be better served by a formal recognition by the City Council. 7.4.1 For the purposes of this policy, "Substantial Gift" is defined as at least 50% of the estimated cost: a. of new construction, remodeling, or renovation;. b. of developing a new real property, i.e. park buildings, structures, real estate, etc; or C. the replacement of an existing, unnamed facility or landmark that requires substantial renovation at the time of the gift. 7.4.2 This policy determines procedures, for a fixed period or indefinitely, for naming of amenities found wid-iin Eagan parks. Items under this policy include, but are not limited to, items of personal property such as park structures (pavilions, warming houses, sun shelters, nature center, etc), real estate to be used for parks or open space, sports fields or courts, pools, nature centers, or other large-scale projects as discussed with the Director of Parks and Recreation. 7.4.3 Recognition: The City of Eagan will consider naming opportunities for outstanding financial contributions toward facilities, specifically those which enable the amenity to be initially built (Le., without the donation the amenity would not be constructed). The City of Eagan will give special recognition to commemorate long term service to the community or to a distinguished citizen and such recognition is contingent upon Council review and approval. 7.4.4 Donors and Donation "Donors" and "Donation' as defined by this policy, means a substantial financial contribution toward the cost of an amenity or project. This is defined above as at least 50 % of the total estimated cost. Naming may be in honor of donor or donors, who may be individuals, groups of individuals, or corporations. Naming guidelines detailed in the City of Eagan Parks Naming Policy will apply. a. The nature of the donation will assist in determining the naming opportunity. b. Donors or donor representatives must sign a donor agreement that delineates terms of the contribution, unless donor wishes to remain anonymous. f. An amenity may be named in honor of a Donor that has contributed all or a substantial part (defined by this policy as 50%) of the full costs relating to its establishment. g. The option of funding the amenity for life of said amenity is negotiable and would require assurance of sufficient funding. There is no exclusive right to sole naming in cases of expansion or other structural modifications. h. A plaque, or negotiated signage may be placed on a building, room, or facility to acknowledge a Donor. The design, wording, and location of the plaque require the approval of the City Council. 7.4.5 Naming rights carry no power of direction to the City on matters of schedule, design, furnishing, or priority of use. 7.4.6 Proposals a. Any proposal for naming shall be made through a formal submission to the City Administrator and Director of Parks and Recreation. b. A proposal for naming after a person shall be accompanied by a comprehensive citation. C. The Advisory Parks Commission (APrC) will examine all formal proposals. The APrC will make a recommendation to Council on proposals. d. Proposals must have the written approval of the person or corporate representative for whom the naming is to recognize. If the person is deceased, the approval of the family or designated representative should be obtained. If the person is deceased and there is not family or a designated representative, naming can proceed. 7.4.7 Procedure Procedures governing approval of naming proposals are set forth below and may also be supplemented by such operational guidelines as the City of Eagan may adopt from time to time. Exceptions from policy requirements must be authorized by the City Council in advance of completion of the donation. Before Donation: To be considered for naming, donation commitments must come during the schematic design phase of the project. Schematic design will be overseen by the appropriate departments of the City of Eagan according to established procedure. a. New construction, substantial .renovation, or replacement projects will be considered for naming opportunities. b. All negotiations for naming rights will be conducted in the first instance by the City Administrator and the Director of Parks and Recreation, under the authorization of City Council. These steps should be followed: Step One: Contact the City of Eagan Parks and Recreation Department to discuss the procedure for donation. This will include a formal proposal submitted to the City Administrator and Director of Parks,and Recreation. Step Two: The individual, group, or corporation will present their request to the Advisory Parks Commission. The APrC will then make a recommendation to City Council. Perpetual naming will be at the discretion of the City Council. Step Three: Upon approval by City Council, the Donor Agreement contract will be signed and kept on record with the City of Eagan. 7.4.8 Requirements a. All donations to be considered for naming rights must be approved by City Council. b. Each donation must be memorialized in a donation agreement approved by the City Council and the donor or their representatives. The agreements shall be executed following final approval of the gift as specified by the City of Eagan. No naming commitments shall be made to donors or other parties before final approval is granted by the City Council. Records of donation agreement will be kept by the City of Eagan. C. The Director of Parks and Recreation or an appointed staff person is responsible for overseeing compliance with Policy requirements, including completion of consultations and approvals, securing signatures on donation agreements by donor, donor representative, and City of Eagan., d. The City of Eagan will be responsible for groundbreaking, dedication, or other ceremonies .relating to named gifts, when appropriate. e. Physical recognition of donors such as signs, placards, etc. will be reviewed and approved by City Council before being affixed to the amenity unless already provided for in the existing design guidelines established by the City of Eagan. 7.4.9 General Guidelines a. The name used should normally be the family name, or in the case of a corporate entity, the shortest possible name. Unless Council determines otherwise, a persons or corporations name may be used in naming a City facility only once. b. Where the name of a corporate entity is used, the period of naming will be limited to the life of the corporate entity. C. In the event of demolition or deconstruction of a structure, its name or any part of it shall be the subject of fresh recommendations. d. Naming a building in honor of a person who has given extraordinary distinguished service to the city will not normally be considered until after their substantive formal relationship with the city has ended. e. The style of naming of structures and facilities should be consistent with the city's visual standards, or adhering to any city ordinances. f. City Council may rescind a donor's name for just cause. g. Facilities will not normally be named to honor persons who have no formal connection with the City of Eagan unless they are substantial Donors. h. The City Council will consider the naming of a building in recognition of a corporation which is a benefactor when that corporation: i. Provides not less than 50% of the capital cost of the building, or ii. Supports the City with endowments exceeding a specific dollar amount. 7.4.10 Timing Proposed naming will come at the time of amenity design schematic. Nanning may not be allowed after the amenity is operational except by Council review and approval. Method of donor recognition must be agreed upon and formally approved by City Councilrip 'or to signing the donor agreement. 7.4.11 Method of Payment a. Donation associated with naming proposals can be made by the donor in cash or appreciated property, through legally binding pledges fulfilled within no more than five (5) years, or by the creation of an endowment. b. Individual donors may gift a portion.of their contribution though an irrevocable trust or a contractual request mechanism. C. The City Council reserves the right to remove a naming opportunity when pledges remain unpaid beyond the agreed upon period. Should this occur, the City Council may consider and/or approve another naming opportunity, or seek another donation of the magnitude that is deemed substantial. revocable d. Should the donor renege on any payment once the project has commenced and the donor agreement has been signed, the City shah be allowed to keep any portion of the donation already paid, and naming rights shall not apply. Should the City fail to use the funds for the stated purpose in the Donor Agreement, the funds shall be returned to the. donor. 7.4.12 Stewardship Stewardship requires that ffie City of Eagan honor the expectations of donors and abide by gift agreements, including naming provisions. Naming is generally expected to last the lifetime of the building, facility, unit, program, or other endeavor. There may nonetheless be extraordinary circumstances that justify cessation of the use of a name, or "re -naming;' such as change in use, substantial renovation, or demolition of an existing building, facility, or part thereof, major programmatic changes, failure of a donor to meet the financial commitment of the donor agreement, or other situations unforeseeable at the time of the original naming. When appropriate and feasible, when a name is retired, some form of continuing recognition should be established. In all cases, the City Council must approve re- naming. 7.5 Grants, Sponsorships, Additional Funding for Programs and Services 7.5.1 Staff members are encouraged to research and recommend applications for grants to fund operations. All grant applications must first be approved by the Director of Parks and Recreation and the City Council before an application can be made. 7.5.2 All gifts/ donations made to the City must be formally accepted by the City Council. 7.5.3 Funds given to the City's General Fund are not necessarily funded directly back to the program that raised them. The funds can only be allocated to a particular program or project through the budget process or special Council action. 7.5.4 City staff members may not solicit for gifts. 7.5.5 Advertising sponsorships may be sold or civic organizations and non-profit groups may partner with the City to enhance fiduciary/public service activities as approved as part of the budget each year. 7.5.6 Advertising sponsorships may be sold for support of activities and facilities at Cascade Bay, the Civic Arena, and the Eagan Community Center. SECTION EIGHT SEASONAL STAFF MANUAL 2:�, �( City of Eagan MEMO ,o „ Parks and Recreation AGENDA ITEM: Operation of Captain's Course at Cascade Bay TO: Operations Committee PREPARED BY: Juli Seydell Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Operational Details for 2006 opening of Captain's Course Mini -Golf. BACKGROUND Council has approved the construction of the Captain's Course Mini Golf Course at Cascade Bay for the 2006 Season. DISCUSSION This unique addition to Cascade Bay presents a host of new operational concerns. Staff recommendations for operating Captain's Course are outlined on the attached pages. Captain's Course at Cascade Bay Fees: $3.00/person/round All guests visiting Captain's Course will pay the admission fee • Season pass holders can purchase a punch pass o $25 for 10 rounds o Limit punch-iTsses perky Hours of operation: • 11:00 a.m. —10:00 p.m. • Waterpark will close at 8:30 pm (unless there is a private rental) • Concessions will remain open until 10:00 p.m. o Based on the number of people in the park from 8:30-10 pm staff will be prepared to serve a limited menu that might include cook -to -order items, ice cream, popcorn, nachos, slushies, beverages and pre-packaged snacks. o Guests will be surveyed to find out what kind of concession items best meet the demand for this time frame. o As the season evolves and we better understand the use patterns and population being -served, the menu will be modified to meet their needs. • The waterpark is scheduled to close for the season on Labor Day. The golf course will remain open through mid-October (weather permitting). o Limited weekday hours (5:00-10:00 p.m., for example) and weekend hours (11:00 am —10:00 p.m., for example) have been identified, however much of this will depend on staff availability and demand. Staff will need some level of flexibility to best respond to the demand this first season. Access to miniature golf: • During water-L)ark open hours: o Guests purchasing waterpark admission only will enter through main gate. o Guests purchasing golf admission only will enter through the side entrance to the course. o Guests purchasing both admissions can enter through the main gate and use their receipt to play golf at their convenience during their visit. o Guests purchasing waterpark admission can easily purchase a round of golf in concessions at any time. • After water -park closes: o Guests will enter through the side entrance to the course and purchase tickets in concessions. • This will allow the front gate to be closed and provide a controlled entrance and exit to the course. • Staff will be strategically placed to direct guess to restrooms. • A barrier will be placed at the entrance to the water to designate that it is not available for use. • Potential concerns: o Guests entering Captain's Course just to watch others play. • This might occur when parents/chaperones want to watch others play. • For this first year of operation everyone entering the park (either water park or golf course) should be required to pay the $3.00 fee. As we solicit input from course users we can develop changes that might be implemented for the 2007 season. o Guests who use the separate golf course fee for access to the park and remain on the concessions patio. For example, a parent has their child(ren) pay the $8 admission to the waterpark and they pay $3 for the miniature golf. While the children are in the water, the parent remains on the concessions patio and uses that as a gathering space for their group. • Signage will need to be strategically placed within the patio area to thank guests for sharing the space and understanding the limited seating. • Auxiliary seating to accommodate concessions guests will need to be considered. • The exterior deck will need to be presented as a positive alternative for guests who just want to watch the golf course activity. Operation: Staff placement: o Staff will be placed at the entrance gate to greet guests, verify payment, answer questions and distribute club, ball and score card. o Staff will be placed at the exit of the course to direct guests to the outside exit or back to the waterpark depending upon their admission receipt. o Staff will be.placed at information desk near entrance to waterpark to answer questions and periodically check guests coming from the golf course/concessions area. o During high peak use of concessions (hourly breaks) staff will be present to help facilitate anyone wishing to purchase golf course admission, which could be accommodated at the front admissions register. • Course limit: o Based on research of other local miniature golf courses, this course should be able to accommodate up to 5 players per hole, or 45 people simultaneously. o It is expected that the play time of the course is approximately 45 minutes. • Once the course is completed there will be some tests conducted to identify the actual time needed. • A preview weekend is planned for June 3 and 4 for season pass holders only. Staff will use this as a training weekend and will allow pass holders to enjoy the course free, which allows us to better understand the movement of people to be prepared to handle issues that will arise once the course is fully open. Marketing o Determining audience o Focus will be toward increasing season pass holders by demonstrating their benefits: ■ Ability to purchase up to two (2) 10 -punch cards at a reduced rate of $25. ■ Monthly newsletter to let them know what specials or promotions are available just to them. o Create and distribute a magnet that will have information on how to register on- line as well as phone numbers and website address for all. facilities. The main focus of the magnet will be the introduction of Captain's Course, hours of operation, fees, etc. o Full page "unveiling" of course in the next edition of Discover. o Strong presence on website (both City and Cascade Bay front page) o Press releases to newspapers. o Contact with television stations to see if they will pick up the story. There has been a history of television coverage at Cascade Bay every year since it's been open. o Provide detailed information to E.CVB for incorporation into their promotional information. Concerns: o Because this is the first year of operation, local advertising is perhaps a better way to engage Eagan residents in their newest amenity. o If this is to be successful, we want to ensure that we can accommodate the numbers of people that might be interested in visiting. o Marketing to groups, birthday parties, etc, may evolve to a very limited degree this year however staff would like to be cautious about offering this too early and .perhaps not being able to accommodate the specialized use. ■ We may discover, for example, that Tuesdays from 3:00-5:00 pm might be the best time to accommodate birthday parties because the course isn't as busy. • The difficulty this first year with offering specialized use during regular waterpark hours (which is when groups are present) is that we don't know how to guarantee the time commitment for play that might be required without closing the course to regular users. We don't think this will be a positive first impression and would like to be able to be flexible with how these evolve. In general the operation of this golf course will need to be planned flexibility this first year. We may discover that things will need to be changed based on the use, guest demand, logistics or whatever issue(s) may arise, however, everyone is very excited and challenged to make this a successful venture. A. City of Eagan Parks and Recreation MEMO AGENDA ITEM: Civic Arena Utility Audit and Recommended Improvements TO: Operations Committee PREPARED BY: Juli Seydell Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Discussion of Utility Audit and Recommended Improvements at the Civic Arena BACKGROUND In 2005 an energy qudit was completed by Harris Services in conjunction with Dakota Electric and Aquila Natural Gas Serveces to review the efficiency of equipment with the Civic Arena. DISCUSSION The recommended improvements to the Civic Arena's boiler, De -Super heater, and lighting will cost $76,795.25 after rebates. According to the study, these improvements will lead to utility savings within 3 years that will equal the up front expense. More details are outlined on the attached pages. Recap of Civic Arena utility audit. • In 2005 an energy audit was completed by Harris Services in conjunction with Dakota Electric and Aquila Natural Gas Services to review the efficiency of equipment within the Civic Arena. • The audit is designed to identify ways in which the City of Eagan can make improvements to the building, change operations or procedures to improve the energy efficiency and to save dollars. Capital improvements that are suggested are based on identifying the pay -back term in conjunction with credits available from the utilities companies. Improvements identified include: o Boiler upgrade. Current boilers need to be re -engineered and replaced. The new design will improve the efficiency of the exiting operation and will complete the design to use the boiler and current heating systems to add heat to the East Arena as needed. (currently un -heated) ■ Budgeted for 2006 R&R: $15,000 ■ Replacement Boiler $18,083.00 o De -super heater. This device is designed to use the heat produced by the compressors (used to cool the ice rink) to heat the subfloor below the ice sheet, which will prevent frost build-up. This will also help melt the snow from the resurfaces after the ice is cleaned each hour. This heater will work together with the boiler system to provide efficient "waste" heat in needed areas. ■ De -Super heater: $25,194.00 o Replace lighting g in East and West Arena._ New technology creates improved lighting levels in arenas. This project would replace current lighting features over the arena that will provide a utility cost savings and more consistent lighting in the building. ■ Replace lighting $33,518.25 • Request to move forward with the 3 improvements listed above a.s.a.p. to capture the energy efficiencies they would provide. These could be funded through retained earnings and/or renewal and replacement funds. I A LfNC Service* Contractor PROJECT AGREEMENT FOR BUILDING ENVIRONMENTAL SYSTEMS BY AND BETWEEN: Harris Companies Eagan Civic Arena 909 Montreal Circle AND 3870 Pilot Knob Road Eagan MN 55122 St Paul, MN 55102 hereinafter CUSTOMER hereinafter CONTRACTOR SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATION(S): WILL FO Installation of a De -Super heater and New High Efficient Boiler 95+% AFUE for the Ice Arena system. I in and new Engineering, Labor and materials including De -Super heater, pumps, piping connection to existing system are included in this proposal. We will integrate the heat recovery coils that exist above the bleachers. New Boiler to be installed in existing boiler room in the place of one of two existing boilers. The High Efficient Boiler will be used as the primary so that the Arena maximizes savings all of the time. Installation, controls, venting, piping, Labor and Materials are included in this proposal. Please see following page for costs & Custom Rebate dollars, as well as ROI and simple payback. As a condition of performance, payments are to be mace on a progress oasts. 11- - Nar•••=••- •••--- -_ ...___ ..._.__. Any alteration or deviation from the above proposal involving extra cost of material or labor will become an extra charge over the sum stated above. This proposal will become a binding Agreement only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below. This agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. CONTRACTOR�._.�' /�' •jam S gnature isa•es Representative) Michelle Kuss Approved for Contractor: CUSTOMER signature{Aumoriz Representative) Mark Vau hn Name Wnnu) ypel Harris Companies LILAC Service e PROJECT AGREEMENT TERMS AND CONDITIONS L. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop :he equipment as necessary to perform required services. All planned work under this Agreement will be performed during ,be Contractor's normal working hours. 2. Contractor warrants that the workmanship hereunder shall be free from defects for thirty (30) days from date of installation. if any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the rates in effect. 3. Customer will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. 4. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder. S. Any alteration to, or deviation from, this Agreement involving extra work, cost of materials or labor will become an extra charge (fixed price amount to be negotiated or on a time -and -material basis at Contractor's rates then in effect) over the sum stated in this Agreement. 6. In the event Contractor must commence legal action in order to recover any amount payable or owed to Contractor under this Agreement, Customer shall pay Contractor all court costs and attorneys' fees incurred by Contractor. 7. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work. S. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, Including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control. 9. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agent and employees from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees) arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in. part y or yacts Customer may be able, regardless of whether It s caused iin party by hie negligence loyed by Customer, r anyone for an active or assive act or omission of Customer, anyone igence of Contractor. whose 10. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 11. Contractor's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials, or any fungus(es) or spore(s); substance, vapor or gas produced by or arising out of any fungus(es) or spore(s); or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s). In the event such substances, wastes and materials are encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the customer's facility, including without limitation, injury or illness to occupants of the facility or third parties, or any damage to the customer's facility, arising out of or in connection with the Contractor's work under this agreement, including without limitation any illness, injury, or damage resulting In any manner from any fungus(es) or spore(s), any substance, vapor or gas produced by or arising out of any fungus(es) or spore(s), or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s). 12. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. Harris Companies AM A LINO Service Contractor SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 PROJECT AGREEMENT FOR ENVIRONMENTAL SYSTEMS IP�OpO �I Date P, sal Number �igr�emein No Dec 27, 2005 1 PSP01206 CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): We will install: The aforementioned De -Super heater and one New HE Boiler for your Ice Systems. The job is Turn -Key with the exception of anything that is existing and deficient and or is not directly attached to the new retrofit. Not Included: Overtime Additional work beyond the new system Asbestosis removal ------------------------------------------------- The cost of the project is (boiler)...................................................... $20,000.00 The cost of the project is (De -Super heater)_ ..................................... $36,664.00 Aquilla Boiler Rebate (95% efficient) (1,917.00) Aquilla De -Super heater Rebate (9,138.00) Dakota Electric Rebate (2,332.00) NetInvestment is ........................................................................$43,277.00 Yearly Savings for De -superheater is ................................... ............... 16,662.98 Yearly Savings for the Boiler is ....................................................... 1,830.80 ------ 18,493.78 Total Yearly Savings is---------------------- --------------------------- Simple Payback is 2.34 Years THE SERVICES ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM or wna�n i mao murr�cm­ A PART. -T Harris Companies A UNC Service" Contractor SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 Proposal Date - Proposal. Number. Agreement No. Dec 27, 2005 PSP01206 CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): Add Alternate #One --Lighting and Control ECO's Lighting East Arena 121524.52 Lighting West Arena 141T162.73 ECO's 1211 13 & 16 in West Arena 14,762.00 ECO's 22, 23 & 26 in East Arena 20,640.00 Deduct's Rebate (Lighting and VFD's) (12,370.00) Rebate (Dakota Electric --CR for ECO's 22, 23 & 26) (8,820.00) Rebate (Dakota Electric --CR for ECO's 12, 13 & 16) (7,381.00) Net Investment after Rebates ---------------------------------------------- $33.518.25 Annual Savings Lighting (East and West Arena's) 6,558.03 East Arena ECO 22, 23 & 26 9,489.31 West Arena ECO 12, 13 & 16 10,926.01 Total Annual Savings is $261973.35 Simple payback is 1.25 Years! Approval of Add Alternate #One (initial) THE SERVICES ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHICH THIS SUPPLEMENT IS A PART. Harris Companies S3 M, RIF 1�7 � ON, R LJ1JC Service Contractor SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 PR03ECT AGREEMENT FOR ENVIRONMENTAL SYSTEMS CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): Alternate #--Two Add Control to Set Back Ice Temperatures --------------------------------------------- Cost of Opportunity ECO, #11&17 ECO # 21 & 27 Rebate (Dakota Electric --CR for ECO #11) Rebate (Dakota Electric --CR for ECO #21) Rebate for Drives on 11 & 21 11,106.00 12,318.00 (1,870.00) (1,944.00) ( 450.00) ----------------- _____________ $19,610.00 Net Investment is--------------' Annual Savings ECO's 11 & 17 ECO's 21 & 27 Total Annual Savings is Simple Payback is 2.8 years! Approval of Add Alternate #Two 3,870.27 3,133.71 $7,003.98 (initial) .....±eAm nF WHTCH THIS SUPPLEMENT IS THE SERVICES ABOVE ARE GOVERNED BY THE TERMS AND GOMM "Lwnv .�. • • •- • -- - - A PART. Harris Companies Lf A LILAC Service * Contractor Recommended Solutions Worksheet (Contractor) will provide for the complete ® Design/Engineering and Installation [] Replacement [1 Modification ® Retrofit/Repair of the following environmental system(s): Location: Eagan Civic Arena Component(s): A new Boiler, De -Super heater and components to build energy efficient system. Specifications: Labor and materials including De -Super heater, pump, piping and connection to existing system are included in this proposal. Included in this proposal we have provided for the following: Complete engineering and updating of drawings �e Complete project management Delivery of all equipment to your facility Complete installation of the above system(s) V Final Adjustment and Calibrations f One (1) year warranty on parts, material and labor 0 Systems training program Preventive maintenance agreement �p Consideration for your long-term facility investment plan We have not Included: Insulation Concrete Pad Roof Sealing Equipment Disposal Electrical Connection for New System e' Cutting, patching, painting Concrete Pad Electrical wiring Roof Sealing Setting of valve bodies or wells Asbestos Removal Air balancing .I Setting of dampers ,r Preventive maintenance agreement Any work not specifically stated in this proposal When completed this program will provide your organization with: ,yr Reduced operating expenses Reduced legal exposure Investment protection d Peace of mind Improved comfort conditions Improved Indoor Air Quality Improved environmental control Harris Companies 0 IL o1.;: -^.ter CityEagan PParkss and Recreation MEMO AGENDA ITEM: Civic Arena Expansion/Renovation Opportunities TO: Operations Committee PREPARED BY: Juli Seydell Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Discussion of potential expansion and/or renovations at the Civic Arena. BACKGROUND Staff has been contacted by the Eagan Hockey Association asking to begin conversations regarding future expansion possibilities and EHA's continued financial contributions. In addition, staff is also considering options for renovation of the mezzanine area. DISCUSSION A letter from the Eagan Hockey Association and a description of expansion considerations is attached. Staff is asking for direction from the operations committee concerning these issues. y WD � ' tC O � .^', .b O ^ cd p y y 21 U U 4-a b y p U U U 00 �0 O O >. c . C9 cn U a+ 'C '� vUi�—' 'vi c� N ���++ 'd N Com• y a"" y O pA p cd 'd G" yam�++ by -0 P, P, W c W n ACd ca v O, W W > Oa ° °' o° o p o oA b C1. o d • • U • • • Q • • • • U • Q VJ y 4+ N ii O � Wim�++ N ❑ •U y ..•r • a"' �" � N •U Ow C ?� q y v� cci U >> p O O Q� O•� y' O cd N NbT„O.O O y N O U 0 O '0 bA 'ice O O� > O N '� K O> O ��• O y z^ 0 z woo 00 00 0 0 0 0 N z a> q p N ° +- °r bA � a oo a`oi as i� � +� ° amcd 0 aoi O y '� °' ami ani O i xx a� a 0 �o p 0 X >, ° y x° w o ¢+ 4. a� 'rG `+� >, U 'i. cid 10 }. w V 'fl ° � 'cd U ,���' c,, ; ' p you v� .U. ami a'di rN. 3 4. 5 . iy U�-+ •••n Qy N y �.' i7. N N bA y a0.+ Vl (�.� V1 ,� y C6 U VJ 61 F pA 4-•1 Li "O rp ""� U 'ry 17. ' •O � yN O 0y�N U 0it 0 6 "= 0 o voCd 0 CA U 0 Cd p a+ >« 3 oo �N 'b�O 0 '� cd cos4 op ej � b PA U Cd U V Go . . . . . . . . . . o 0 y0 �+l p o • �+ U pss OeON ❑ G? O U N .0 a'i cd 4•. U a� cd S. a O W a"O'y �N y �.v¢i' ' vi CO ° p roN: n v� O O U' u c� GCi sa .t� .O 0 M ^O 0 a�"i O 511:U p U y 0 0 0 0 p O O G". to O 0 a7 b O O y o 3 U 0 C 3— 0 a� w O 0 ti a In c y -0 0 0c�-o�ac0io�.>'a�i 3Ln, Hb � oA. o axial. 34, W) N N M id 0 Q E 15 U I.. on Wy vN w 5 0.0 .0 �bR. December 2, 2005 Mr. Mark Vaughn Manager Eagan Civic Arena 3870 Pilot Knob Rd. Eagan, MN 55122 Dear Mark: Eagan Hockey Association P.O. Box 21481 Eagan, MN 55121-0481 As you are aware, the Eagan Hockey Association is nearing the end of our financial commitment for re -payment of the east rink. In looking to the future, we would like to engage the City of Eagan in discussions regarding options to expand/develop facilities at the Eagan Civic Arena. The Eagan Hockey Association would like to continue our partnership with the city and reaffirm our interest in continuing financial investment in activities that support the development of the rink and associated facilities. We would be interested in learning more about any opportunities related to the addition of a specialty rink similar to that which is in use at Cottage Grove. We appreciate the partnership you have facilitated with our youth organization and are excited about the prospects for the future that help our organization serve our membership base, continue the development of the sport of hockey, and afford us the opportunity to contribute to the community and residents of Eagan. Please let me know how we should proceed. Sincerely, Kevin May President Eagan Hockey Association City of Eagan MEMO :x= Parks and Recreation AGENDA ITEM: Civic Arena Advertising/Sponsorship Possibilities TO: Operations Committee PREPARED BY: Juli Seydell Johnson, Director of Parks & Recreation ITEM DESCRIPTION: Discussion of ASI Marketing's Sponsorship Development & Acquisition Plan for the Eagan Civic Arena. BACKGROUND ASI Marketing was hired to provide an analysis of potential types of sponsorships/advertisements for the Civic Arena. DISCUSSION A summary of ASI's recommendations is attached. Staff is asking for direction from the operations committee concerning options that may be pursued from this report. ASI MARKETING Sponsorship Development & Acquisition Plan Presented to The City of Eagan Jan. 10, 2006 ASI MARKETING Objectives & Tasks Sponsorship development and acquisition is an intricate, sophisticated and at times tedious process of identifying alternative revenue streams for public and private organizations. Success in garnering the right partners and providing them with the appropriate value for their investment/contribution begins with a strategic plan that takes into account more than just an organization's basic financial needs, but melding the organization's long-term goals with its near-term need for sponsorship capital. To separate one from the other would leave the "property" without viable long-term partners, and the "sponsor" without an equitable brand impression portfolio for the dollars invested/contributed. ASI Marketing's objective is to produce an effective sponsorship development plan that details every aspect of the property (Eagan Civic Arena) and provides a targeted value to each saleable attribute. Additionally, the plan outlines added value opportunities that can be marketed to local, regional and national companies attempting to reach the audiences that use the facilities for sports, entertainment or business purposes. We will work closely with the City of Eagan to complete Phase I (Civic Arena Plan) and move rapidly into Phase II development of similar plans for Cascade Bay and the Eagan Community Center. The goal will be to. define and target potential sponsors for all of the City's community entertainment properties—and have ASI Marketing drive the marketing communications tactics for each property. C)I ASI MARKETING Key Strategies Market to National Brands If the City of Eagan's goal is to partner with organizations that will allow it to cover ongoing operational expenses with minimal taxpayer involvement, it must target national brands with wide appeal and a vested interest in reaching a.valuable Twin Cities metro audience. OfferAnnua/ Terms Only To guarantee ongoing success, the City of Eagan should not look to inflexible, 2- or 3 -year sponsor arrangements that unnecessarily tie up the real estate. Rather, the city should negotiate annual packages that can be continually reevaluated and revalued. Regarding the East Rink, that property should be included in the package deals outlined below, rather than bid out separately (due to that location's less -than - ideal environment and dining/vending offering). Offer Four Sponsor Packages To maximize its value, the City of Eagan should offer four types of packages: 1. Full facility sponsorship: Including all real estate opportunities. 2. Entry -specific sponsorship: Including lobbies, floors, doors and trash cans. 3. In -arena sponsorships: Including gobos (ice graphics), board backs, bleachers—and possibly a portion of the locker rooms as a bonus. 4. Locker room sponsorships: Including a wall mural, seat logos and floor decals. ASI MARKETING Answer the Question: "Why Eagan?" ASI Marketing can connect the City of Eagan with the brands who sponsor stadiums, ballparks and other leisure/entertainment destinations nationally. When marketing the Civic Arena (as well as Cascade Bay) to these brands, this is what they need to hear: • Dakota County is one of the nation's fastest-growing and most dynamic metro locations. • Arguably no other city in America offers Eagan's combination of public facilities. • The Civic Arena is a dual facility, with two rinks, offering year-round events for business and leisure that appeal to all ages—including not only hockey and free skating, but business meetings and alternative sporting events. 4 �3 ASI MARKETING Complete List of Sponsorable Civic Arena Real Estate Elements Based on ASI Marketing's review of the Civic Arena property, we have identified 15 specific sponsorable elements on the premises: 1. Outdoor signage 2. Entrance to west rink 3. Lobby floor clings 4. Trash can logos 5. Windows facing arena 6. Gobos to project images on ice 7. Board backs below glass 8. Half -foot clings behind goals 9. Bleacher seats 10. Digital display (matrix) board 11. Back wall mural 12. Scoreboards 13. Banners on light poles 14. Bathrooms (urinals and stalls) 15. Locker rooms—murals on all walls We will now identify and describe the opportunities those elements present—while giving you the best possible visual representation of each (using McDonald's as the example sponsor throughout). ASI MARKETING Outdoor Signage Use real estate on the east and west rink buildings (and in the parking lot) to display partner logos/messages. Signs would be removable, not permanent. Actual Cost (design & production): $1,500 Targeted Sponsor Investment: $12,000 ($1 K/mo.) " Investment in outdoor signage is based not only on "walk-in" traffic, but also traffic to city offices, Cascade Bay, library and passing motorists, 24/7 exposure. f q6 ASI MARKETING Entrance to West Rink Use translucent 3M film material on glass doors so that logos appear at eye level to patrons entering the rink. Actual Cost (design & production): $150/door Targeted Sponsor Investment: $3,000 q ASI MARKETING Lobby Floor Clings Same principal as doors. Use translucent material to adhere logos/ messages to floor space. Items would be removable, not permanent. Actual Cost (design & production): $200/decal Targeted Sponsor Investment: $2,000 (2 -unit min.) ASI MARKETING Trash Can Logos Adhere translucent logos/message to trash cans throughout the facility. Non -permanent. Actual Cost (design & production): $75 + $25 reprod./unit Targeted Sponsor Investment: $125 per receptacle E ASI MARKETING N Windows Facing Arena Same principal as front doors. Could have multiple items on same door. Use translucent material. Communicate message without obstructing views. Non -permanent. Actual Cost (design & production): Targeted Sponsor Investment: $150 per door ($450) $1,200 1(l q, ASI MARKETING Gobos to Project Images on Ice -00 , ,0VI fI ,s i . t Avoid quality issues associated with permanent ice renderings. Use Bobo lights above ice to project logos/messages down. Make readable from different spectator/skater angles. Actual Cost (2 GL 1200 MSD-EL/Gobo): $1,600/unit ($3,200) Targeted Sponsor Investment: $5,000 (per sponsor) (rotating brand image) * Includes initial product expense and ongoing lens adjustment ASI MARKETING Board Backs Below Glass Avoid obstructing views by adhering non -permanent substrate to backs of ice rink boards, below glass only—one item per glass pane. Non -permanent. Actual Cost (design & production): Targeted Sponsor Investment: $75 + $150 (per 3 sections) $500 (per 3 sections) 12 ASI MARKETING /(4( Half -Foot Clings Behind Goals% This image is for demo purposes only. The actual clings would reside only on the ends of the rink behind the goals— so as not to obstruct views. Actual Cost (design & production): Targeted Sponsor Investment: $75 + $150 (per 3 sections) $500 (per 3 sections) �Ol 1.1 ASI MARKETING Bleacher Seats Space logos, messages or web addresses five feet apart on translucent substrate, non -permanent. Actual Cost (design & production): $75 + $150 (per 3 sections) Targeted Sponsor Investment: $500 (per 3 sections) 14 l D�) ASI MARKETING Digital Display (Matrix) Board Mount digital display board (similar to display outside Excel Energy Center) to showcase upcoming events, while displaying brand names during transitions. In addition, the Civic Arena should offer this balcony space to a single food vendor (e.g., Sysco, Sarah Lee, U.S. Foods) that can construct a dining facility overlooking the West Rink ice. Actual Cost (design & production): Targeted Sponsor Investment: $5,000 $1,000/mo. (4 sponsors) (rotate brand images) 03 15 ASI MARKETING Non -Pictured Elements • Back wall mural This would be a sponsored community promotion: "Dakota County residents can compete to design the Eagan Civic Arena Mural, sponsored by Old Dutch," etc. • Scoreboards • Banners on light poles Fly cloth or plastic banners from parking lot poles. Design and production: $925/ea. • Bathrooms NextMedia is a rapidly growing out -of -home media company that owns and operates radio stations and outdoor advertising properties in large and mid-sized markets throughout the U.S. We would utilize Next Media digital ad displays above urinals, as well as hard copy signs in stalls. • Locker rooms Place murals on all walls. Utilize seating areas and floor graphics. Floor decals/wall mural costs: $500 -5 c OPERATIONS COMMITTEE TUESDAY, APRIL 4, 2006 Peggy and I need to talk about the level of minute detail we should be involved with here! We have a number of talented and well-paid people that should be making a most of these decisions. 1. Customer complaints — How was the issued resolved regarding email and voice mail used other then personal contact? How was Swenson's issue resolved with the basketball camp and the coach that was so worked up? 2. Staff level of decision-making? What are they looking for? 3. ECVB — What is the problem here? 4. Can they hire private security when alcohol is served? 5. Tether ball placement location? Use of emergency doors? 6. Concession operations — What are their recommendations? 7. Policy and operational procedures? All I need to know are there any policy changes or additions. 8. Marketing Development? What are your recommendations? 0"Cxjo�� �► Q tis— �� of � v of — le 4 CITY COUNCIL MEETING 4-4-06 Page 2 Page 15 >What Chiefs are likely to be there? -- -310' >Should we recognize each? (i.e., short background) Consent National Telecommunication Weeks"" >Started Abo 1# 973-1975 wGin Knight, Marlene Adam and Nancy Ingerson >Handled calls from the tragic to the comical? >How many calls go through there? >Peak time they are dispatching for squads and fire qt„� apparatus Page 26 Patrick Eagan Park Master Plan >does then proposal look at how it fits with other adjacent potential park U land? Z .r,�.s+, i►� ::; C P ©�-� '� Old Business Page 66 Diffley Marketplace >Is the developer likely to offer any other options to salvage some kind ord. Daniel access? >Need to know what the board did earlier in the day! >Woman wants to read a speech in favor >Motion early? New Business Page 96 Wuthering Heights (Betty Basset) — Comp Guide Amendment to change from Low Density to High Density on 5.1 >planned unit development would be more appropriate >issues include — environmental kennealy creek, access they are proposing private street, Page 142 Pine wood lane (review hearing) Page 199 Community Center — electronic reader board sign — how have we treated it in rest of community? Economic Development Authority Page 220 Any eminent domain issues