HomeMy WebLinkAboutCity Council - 10/15/2019
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, OCTOBER 15, 2019 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark
Freiberg, and PG Narayanan
CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber,
Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O’Connor
Workshop - Heritage Rooms I and II (5:30)
I. CLIMATE ACTION PLAN 2050
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
A. DEANE CONKLIN – HENNEPIN VILLAGE TREE MANAGEMENT
III. ADJOURNMENT
Climate Action Plan
Update
City Council Workshop
October 15, 2019
History of Sustainability
Energy Landscape
Waste Water
•20-40-15
•Sustainable Eden Prairie
•Energy Action Plan
•Climate Action Plan
Climate Action Plan
Goal: Carbon Neutral by 2050
Focus Areas:
1.Building Energy Use
2.Energy Grid
3.Travel
4.Waste
Baseline Data
Baseline Data
Business As Usual (BAU)
Commercial/Industrial Efficiency
Energy Code Enforcement
Percentage of new commercial/industrial building area (in the ten-year time period ending in the specified year) that complies with the Minnesota Energy code
Net-Zero Energy Buildings
Percentage of new commercial/industrial building area (in the ten-year time period ending in the specified year) that produces as much energy on-site as it uses
Energy-Efficient Retrofits
Percentage of businesses that have participated in energy efficiency programs for their existing buildings by the specified year
Efficient Building Operations
Percentage of businesses that are actively engaged in building operations BMPs in the specified year
Behavior Change
Percentage of commercial/industrial buildings whose occupants are engaged in sustained behavior change strategies
2020 2030 2040 2050 Assumptions/Context:
Energy Code
Enforcement 100%100%100%100%Code will continue to be enforced for all new buildings.
This compliance rate is higher than the statewide average for
commercial buildings.
Net-Zero
Energy
Buildings
0%5%90%100%
There is currently one project in Eden Prairie designed to be net-zero
energy.
A small number of buildings will voluntarily be designed to be net-zero
energy by 2030.
Net-zero energy becomes a requirement of Minnesota’s Energy Code in
2032.
Energy-
Efficient
Retrofits
6%31%57%84%
Based on the estimated energy savings from Eden Prairie’s Energy
Action Plan, which reflect increased participation in electricity
efficiency programs offered by Xcel Energy, and steady participation in
natural gas efficiency programs offered by CenterPoint Energy.
Assumes participating businesses complete an average of 2.75
programs each
Efficient
Buildings
Operations
40%85%85%85%
Based on the ultimate net participation rate estimated in a national
study for commercial building operations and performance programs.
This is described as an “aggressive but reasonable level of
participation.” York et al., “Frontiers of Energy Efficiency: Next
Generation Programs Reach for High Energy Savings.”
Behavior
Change 0%33%33%33%
Based on the adoption rate of strategic energy management in 2030.
Reuven Sussman and Maxine Chikumbo, “Behavior Change Programs:
Status and Impact,” ACEEE Report, no. October (2016).
Commercial/Industrial Efficiency
Participation Rates
•Encourage Energy Star, LEED, and/or net-zero energy
certification
•Continue implementing the actions described in the
City’s Energy Action Plan
•Promote building and operations BMPs
•Publicize financial resources for energy efficiency
projects on City website
•Continue offering PACE financing for clean energy
projects
•Offer technical assistance for private sector
developments to incorporate net-zero energy
REGULATION
DEMONSTRATION/LEADERSHIP
ENCOURAGEMENT
INCENTIVES
•Adopt and enforce an energy benchmarking ordinance
•Adopt a green building policy
•Enforce current and future energy codes
•Support statewide policies such as building energy
code updates and appliance, equipment and fixture
efficiency standards
•Lobby for stretch energy code legislation
•Adopt net-zero energy standards for new public
facilities
•Expand implementation of GreenStep Cities best
practices for energy efficiency in existing public
buildings
•Participate in the Guaranteed Energy Savings
Program
Commercial/Industrial Efficiency
Potential Actions
Commercial/Industrial Efficiency
Estimated Impacts on Energy Emissions
Residential Efficiency
Energy Code Enforcement
Percentage of new residential building area (in the specified year) that
complies with the Minnesota Energy Code
Net-Zero Energy Buildings
Percentage of new residential building area (in the specified year that
produces as much energy on-site as it uses
Energy Efficient Retrofits
Percentage of existing homes that have participated in energy efficiency
programs by the specified year
Behavior Change
Percentage of households whose occupants are actively engaged in
behavior change strategies
2020 2030 2040 2050 Assumptions/Context:
Energy Code
Enforcement 100%100%100%100%
Code will continue to be enforced for all new buildings.
This compliance rate is higher than the statewide
average for residential buildings.
Net-Zero Energy
Buildings 0%5%90%100%
A small number of new homes will voluntarily be
designed to be net-zero energy by 2030.
Net-zero energy becomes a requirement of Minnesota’s
Energy Code in 2032.
Energy-Efficient
Retrofits 8%34%58%82%
Based on the estimated energy savings from Eden
Prairie’s Energy Action Plan, which reflect increased
participation in electricity efficiency programs offered
by Xcel Energy, and steady participation in natural gas
efficiency programs offered by CenterPoint Energy.
Assumes participating households complete an average
of 2.25 programs each
Behavior
Change 0%98%98%98%
Based on typical participation rates in opt-out behavior
change programs (98%). Reuven Sussman and Maxine
Chikumbo, “Behavior Change Programs: Status and
Impact,” ACEEE Report, no. October (2016).
Residential Efficiency
Participation Rates
•Encourage Energy Star, LEED, Passive House.
and/or net-zero energy certification
•Implement actions described in the City’s
Energy Action Plan
•Publicize financial resources for energy
efficiency projects on City website
•Offer technical assistance for private sector
developments to incorporate net-zero energy
REGULATION
DEMONSTRATION/LEADERSHIP
ENCOURAGEMENT
INCENTIVES
•Enforce current and future energy codes
•Adopt and enforce an energy disclosure policy
•Adopt a green building policy
•Support statewide policies such as building
energy code updates and appliance, equipment
and fixture efficiency standards
•Promote development of green neighborhoods
•Develop Community Solar Garden
Residential Efficiency
Potential Actions
Residential Efficiency
Estimated Impacts on Energy Emissions
Electric Grid Mix
Xcel Energy’s Planned Emissions Reduction
Percentage reduction in CO2e emissions per kWh of electricity from
baseline year
2020 2030 2040 2050 Assumptions/Context:
Xcel Energy’s
Planned
Emissions
Reduction
5%73%79%100%
Xcel’s emissions factor reduction for 2020-2034 is
based on the Preferred Plan described in their Upper
Midwest Integrated Resource Plan 2020-2034, dated
July 1, 2019.
For 2035-2050, it follows a linear trajectory to Xcel’s
stated goal of carbon-free by 2050.
Electric Grid Mix
Participation Rates
•Promote energy conservation and renewable
energy programs through Xcel Energy
•Encourage time-of-use pricing participation
REGULATION
DEMONSTRATION/LEADERSHIP
ENCOURAGEMENT
INCENTIVES
Electric Grid Mix
Potential Actions
•Prepare for grid modernization and battery
stations
Electric Grid Mix
Estimated Impacts on Energy Emissions
Renewable Energy
On-Site Renewable Electricity
Percentage of total community electricity use met by on-site renewable
electricity generation in the specified year
Green Power Purchase -Business
Percentage of Commercial/industrial electricity use met through participation in renewable energy purchasing programs (e.g. Xcel Energy’s
Windsource or Renewable*Connect) in the specified year
Green Power Purchase -Residential
Percentage of residential electricity use met through participation in
renewable energy purchasing programs (e.g. Xcel Energy’s Windsource or Renewable*Connect) in the specified year
Renewable Energy
2020 2030 2040 2050 Assumptions/Context:
On-Site
Renewable
Electricity
5%10%10%10%
The 2030 goal aligns with the State’s solar goal.
The goal holds steady after 2030, since the grid will have significant levels of
renewables by this point. A slight increase in solar capacity will be required to
meet this due to the additional electricity required from the electrification of
vehicles and heating.
The goal described in Eden Prairie’s Energy Action Plan equates to
approximately 0.9% of community-wide electricity supplied by renewable energy
by 2025.
The projected kWh generation required to meet these targets is ~86% of the
existing rooftop solar generation potential identified in Eden Prairie Aspire
2040.
Green Power
Purchase -
Business
.07%.09%.11%0%
The 2020 participation rate is based is held the same as 2018 levels. In 2018
0.02% of customers participated for a total of .07% of total commercial/industrial
electricity.
2030 and 2040 are based on linear growth in the percentage of subscribed
energy based on 2015-2018 community-wide data.
When the electricity grid is carbon-free in 2050, green power purchase programs
will become obsolete.
Green Power
Purchase -
Residential
1.5%2.9%4.2%0%
The 2020 participation rate is based on the participation goals from Eden
Prairie’s Energy Action Plan. In 2018, 4.4% of customers participated (1,054) for
a total of 1.5% of community-wide residential electricity. This exceeds the
Energy Action Plan participation goal for 2018, and is nearly at the 2020-2025
target of 1,100 customers participating.
2030 and 2040 are based on linear growth in the percentage of subscribed
energy based on 2015-2017 community-wide data.
When the electricity grid is carbon-free in 2050, green power purchase programs
will become obsolete.
Nationally, the highest participation rate in green power purchase programs is
currently 19% (in Portland –assumed to be % of customers, not energy).
Renewable Energy
•Promote participation in Xcel Energy’s renewable
energy programs (Windsource & Renewable*Connect)
•Host education sessions on solar energy such as Solar
Power Hours
•Provide education on types of green power options
•Publicize financial resources for renewable energy
projects on City website
•Continue offering PACE financing for clean energy
projects
REGULATION
DEMONSTRATION/LEADERSHIP
ENCOURAGEMENT
INCENTIVES
•Require new construction to be “solar ready”
•Review City Code for barriers to on-site solar
•Adopt a green building policy
•Renewable landfill gas purchase options
Potential Actions
•Develop a community solar garden
•Continue working on City solar projects
•Continue working with programs like
Minnesota Brightfields Initiative and SolSmart
Renewable Energy
Estimated Impacts on Energy Emissions
Fuel Switching
Business Electrification
Percentage of commercial buildings serviced by natural gas for space and
water heating that have switched to electricity by the specified year
Residential Electrification
Percentage of homes served by natural gas for space and water heating that have switched to electricity by specified year
2020 2030 2040 2050 Assumptions/Context:
Business
Electrification
0%9%38%70%
Derived from the “Electrification Futures Study
Sensitivity” scenario used in the energy modeling
analysis for Xcel Energy’s Upper Midwest Integrated
Resource Plan 2020-2034.
Residential
Electrification
2%17%55%97%
Derived from the “Electrification Futures Study
Sensitivity” scenario used in the energy modeling
analysis for Xcel Energy’s Upper Midwest Integrated
Resource Plan 2020-2034.
Fuel Switching
Participation Rates
Fuel Switching
•Promote building efficiency to reduce up-front
costs of electrification
REGULATION
DEMONSTRATION/LEADERSHIP
ENCOURAGEMENT
INCENTIVES
•Encourage the revision of the Conservation
Improvement Program Planning and
Performance Reporting to allow
rebates/incentives for fuel switching by the MN
Department of Commerce
Potential Actions
•Implement strategic electrification in public
buildings
Fuel Switching
Estimated Impacts on Energy Emissions
Energy Strategies
Estimated Impacts on Energy Emissions
Travel
Mode Shift
Percentage reduction from baseline (2017) vehicle miles traveled per resident due to increased walking, biking, transit ridership, ride-sharing and trip efficiency
Electric Passenger Vehicles
Percentage of passenger vehicles that drive within City boundaries that are electric by the specified year
Electric Light Trucks
Percentage of light trucks that drive within City boundaries that are electric by the specified year
Electric Heavy Trucks
Percentage of passenger heavy duty trucks that drive within City boundaries that are electric by the specified year
2020 2030 2040 2050 Assumptions/Context:
Mode Shift 0%4.2%8.6%8.6%
Derived from the estimated regional change in daily
VMT per resident by 2040 due to all changes made to
the regional transit system (USDOT, FTA,
Metropolitan Council, Southwest Light Rail Transit
Final Environmental Impact Statement, May 2016).
No additional reduction is assumed between 2040 and
2050.
Electric
Passenger
Vehicles
5%30%50%100%Determined in collaboration with Eden Prairie’s City
Fleets Manager
Electric Light
Trucks 0%15%50%100%Determined in collaboration with Eden Prairie’s City
Fleets Manager
Electric Heavy
Trucks 0%15%50%100%Determined in collaboration with Eden Prairie’s City
Fleets Manager
Travel
Participation Rates
Travel
•Promote use of light rail transit and development of Transit Oriented Development
•Increase funding to close trail & sidewalk gaps
•Promote Southwest transit bike program
•Encourage ride-share programs
•Participate in National Bike Challenge
REGULATION
DEMONSTRATION/LEADERSHIP
ENCOURAGEMENT
INCENTIVES
•Require new development/redevelopment to be “EV
ready”
•Require EV infrastructure at multi-use developments
•Support clean car rules requiring vehicle
manufacturers to offer more electric vehicles for
consumers
•Require more robust transit management demand
(TDM) for new office development
Potential Actions
•Install EV charging stations at high use City
facilities
•Purchase EV police patrol car
•City buildings are ready for EV Fleet
•Replace City Fleet with hybrid or fully electric
vehicles
•Require reserved priority parking and charging
stations for EVs
Travel
Estimated Impacts on Travel Emissions
Waste
Waste Reduction and Diversion
Percentage reduction in emissions from the management of municipal
solid waste by the specified year
2020 2030 2040 2050 Assumptions/Context:
Waste Reduction
and Diversion 63%75%85%100%
Inspired by Hennepin County’s Solid Waste
Management Master Plan, 2018 goal of 75% of waste
being recycled by 2030
Waste
Participation Rates
Waste
•Develop City yard waste compost site
•Be a resource for businesses required to
implement back-of-house organics by 2020
•Promote Hennepin County Master Recycler
and Composter program
•Provide Hennepin County Fix-it-Clinics
REGULATION
DEMONSTRATION/LEADERSHIP
ENCOURAGEMENT
INCENTIVES
•Implement curbside residential organics by
2022
•Review possibility of zero-waste packaging
ordinance
•Require events at City rental facilities to be
zero-waste
Potential Actions
•Implement zero-waste City events
•Expand City organics to other facilities including
Senior Center, Community Center, Water
Treatment Plant and Maintenance Facility
•Develop portable water station to replace plastic
water bottle sales at City events
Waste
Estimated Impacts on Waste Emissions
Kick Start Projects
1.Electric hybrid plug-in heavy duty trucks
Purchase of two trucks
Use for snow plowing and day to day operations
Maintenance Facility EV vehicle ready
2.Electric police patrol cars
Purchase a fully electric police patrol cars
Meant for pursuit
First in state
3.Install electric vehicle charging stations
For public use
High use City facilities
Next Steps
•Q1 2020: Final Draft for City Council Consideration
Questions or Comments?
Energy Landscape
Waste Water
1
CITY OF EDEN PRAIRIE CLIMATE ACTION PLANNING October 15, 2019
Potential Actions:
Commercial/Industrial Efficiency
Encouragement Incentives Regulation Leadership
• Encourage Energy Star, LEED,
and/or net-zero energy
certification
• Continue implementing the
actions described in the City’s
Energy Action Plan
• Promote building and operations
BMPs
• Publicize financial resources for
energy efficiency projects on City
website
• Continue offering PACE financing
for clean energy projects
• Offer technical assistance for
private sector developments to
incorporate net-zero energy
• Adopt and enforce an energy
benchmarking ordinance
• Adopt a green building policy
• Enforce current and future energy
codes
• Support statewide policies such as
building energy code updates and
appliance, equipment and fixture
efficiency standards
• Lobby for stretch energy code
legislation
• Adopt net-zero energy standards
for new public facilities
• Expand implementation of
GreenStep Cities best practices
for energy efficiency in existing
public buildings
• Participate in the Guaranteed
Energy Savings Program
Residential Efficiency
Encouragement Incentives Regulation Leadership
• Encourage Energy Star, LEED,
Passive House. and/or net-zero
energy certification
• Implement actions described in
the City’s Energy Action Plan
• Publicize financial resources for
energy efficiency projects on City
website
• Offer technical assistance for
private sector developments to
incorporate net-zero energy
• Enforce current and future energy
codes
• Adopt and enforce an energy
disclosure policy
• Adopt a green building policy
• Support statewide policies such as
building energy code updates and
appliance, equipment and fixture
efficiency standards
• Promote development of green
neighborhoods
2
Electric Grid Mix
Encouragement Incentives Regulation Leadership
• Promote energy conservation and
renewable energy programs
through Xcel Energy
• Encourage time-of-use pricing
participation
• Prepare for grid modernization
and battery stations
Renewable Energy
Encouragement Incentives Regulation Leadership
• Promote participation in Xcel
Energy’s renewable energy
programs (Windsource &
Renewable*Connect)
• Host education sessions on solar
energy such as Solar Power Hours
• Provide education on types of
green power options
• Publicize financial resources for
renewable energy projects on City
website
• Continue offering PACE financing
for clean energy projects
• Require new construction to be
“solar ready”
• Review City Code for barriers to
on-site solar
• Adopt a green building policy
• Renewable landfill gas purchase
options
• Develop a community solar
garden
• Continue working on City solar
projects
• Continue working with programs
like Minnesota Brightfields
Initiative and SolSmart
Fuel Switching
Encouragement Incentives Regulation Leadership
• Promote building efficiency to
reduce up-front costs of
electrification
• Encourage the revision of the
Conservation Improvement
Program to allow
rebates/incentives for fuel
• Implement strategic
electrification in public buildings
3
switching by the MN Department
of Commerce
Travel
Encouragement Incentives Regulation Leadership
• Promote use of light rail transit
and development of Transit
Oriented Development
• Increase funding to close trail &
sidewalk gaps
• Promote Southwest transit bike
program
• Encourage ride-share programs
• Participate in National Bike
Challenge
• Require reserved priority parking
and charging stations for EVs
• Require new
development/redevelopment to
be “EV ready”
• Require EV infrastructure at multi-
use developments
• Support clean car rules requiring
vehicle manufacturers to offer
more electric vehicles for
consumers
• Require more robust transit
management demand (TDM) for
new office development
• Install EV charging stations at high
use City facilities
• Purchase EV police patrol car
• City buildings are ready for EV
Fleet
• Replace City Fleet with hybrid or
fully electric vehicles
Waste
Encouragement Incentives Regulation Leadership
• Develop City yard waste compost
site
• Be a resource for businesses
required to implement back-of-
house organics by 2020
• Promote Hennepin County Master
Recycler and Composter program
• Implement curbside residential
organics by 2022
• Review possibility of zero-waste
packaging ordinance
• Require events at City rental
facilities to be zero-waste
• Implement zero-waste City events
• Expand City organics to other
facilities including Senior Center,
Community Center, Water
Treatment Plant and Maintenance
Facility
• Develop portable water station to
replace plastic water bottle sales
at City events
4
• Provide Hennepin County Fix-it-
Clinics
1
CITY OF EDEN PRAIRIE CLIMATE ACTION PLANNING
October 15, 2019
Participation rates in each reduction strategy:
2020 2030 2040 2050 Assumptions/Context:
Commercial/Industrial Efficiency
Energy Code Enforcement
Percentage of new commercial/industrial building area (in the ten-year
time period ending in the specified year) that complies with the Minnesota
Energy Code
100% 100% 100% 100%
• Code will continue to be enforced for all new buildings.
• This compliance rate is higher than the statewide average of 91.8% for commercial
buildings.
Net-Zero Energy Buildings
Percentage of new commercial/industrial building area (in the ten-year
time period ending in the specified year) that produces as much energy on-
site as it uses
0% 5% 90% 100%
• There is currently one project in Eden Prairie designed to be net-zero energy.
• A small number of buildings will voluntarily be designed to be net-zero energy by
2030.
• Net-zero energy becomes a requirement of Minnesota’s Energy Code in 2032.
Energy-Efficient Retrofits Percentage of businesses that have participated in energy efficiency
programs for their existing buildings by the specified year 6% 31% 57% 84%
• Based on the estimated energy savings from Eden Prairie’s Energy Action Plan, which
reflect increased participation in electricity and natural gas efficiency programs
offered by the city’s utility companies.
• Assumes participating businesses complete an average of 2.75 programs each
Efficient Building Operations Percentage of businesses that are actively engaged in building operations
BMPs in the specified year 40% 85% 85% 85%
• Based on the ultimate net participation rate estimated in a national study for
commercial building operations and performance programs. This is described as an
“aggressive but reasonable level of participation.” (York et al., “Frontiers of Energy
Efficiency: Next Generation Programs Reach for High Energy Savings.”)
Behavior Change Percentage of commercial/industrial buildings whose occupants are
engaged in sustained behavior change strategies 0% 33% 33% 33%
• Based on the projected adoption rate of strategic energy management in 2030.
(Reuven Sussman and Maxine Chikumbo, “Behavior Change Programs: Status and
Impact,” ACEEE Report, no. October (2016))
Residential Efficiency
Energy Code Enforcement Percentage of new residential building area (in the specified year) that
complies with the Minnesota Energy Code 100% 100% 100% 100%
• Code will continue to be enforced for all new buildings.
• This compliance rate is higher than the statewide average of 76.8% for residential
buildings.
Net-Zero Energy Buildings Percentage of new residential building area (in the specified year) that
produces as much energy on-site as it uses 0% 5% 90% 100%
• A small number of new homes will voluntarily be designed to be net-zero energy by
2030.
• Net-zero energy becomes a requirement of Minnesota’s Energy Code in 2032.
Energy-Efficient Retrofits Percentage of existing homes that have participated in energy efficiency
programs by the specified year 8% 34% 58% 82%
• Based on the estimated energy savings from Eden Prairie’s Energy Action Plan, which
reflect increased participation in electricity and natural gas efficiency programs
offered by the city’s utility companies.
• Assumes participating households complete an average of 2.25 programs each
Behavior Change Percentage of households whose occupants are actively engaged in
behavior change strategies 0% 98% 98% 98% • Based on the participation rate for an opt-out home energy report program. (Reuven
Sussman and Maxine Chikumbo, “Behavior Change Programs: Status and Impact,”
ACEEE Report, no. October (2016))
Electric Grid Mix
Xcel Energy’s Planned Emissions
Reduction
Percentage reduction in CO2e emissions per kWh of electricity from
baseline year 5% 73% 79% 100%
• Xcel’s emissions factor reduction for 2020-2034 is based on the Preferred Plan
described in their Upper Midwest Integrated Resource Plan 2020-2034, dated July 1,
2019.
• For 2035-2050, it follows a linear trajectory to Xcel’s stated goal of carbon-free by
2050.
2
Renewable Energy
On-Site Renewable Electricity Percentage of total community electricity use met by on-site renewable
electricity generation in the specified year 5% 10% 10% 10%
• The 2030 goal aligns with the State’s solar goal.
• The goal holds steady after 2030, since the grid will have significant levels of
renewables by this point. A slight increase in solar capacity will be required to meet
this due to the additional electricity required from the electrification of vehicles and
heating.
• The goal described in Eden Prairie’s Energy Action Plan equates to approximately
0.9% of community-wide electricity supplied by renewable energy by 2025.
• The projected kWh generation required to meet these targets is ~86% of the existing
rooftop solar generation potential identified in Eden Prairie Aspire 2040.
Green Power Purchase - Business
Percentage of commercial/industrial electricity use met through
participation in renewable energy purchasing programs (e.g. Xcel’s
Windsource or Renewable*Connect) in the specified year
.07% .09% .11% 0%
• The 2020 participation rate is held the same as 2018 levels. In 2018 0.02% of
customers participated for a total of .07% of total commercial/industrial electricity.
• 2030 and 2040 are based on linear growth in the percentage of subscribed energy
based on 2015-2018 community-wide data.
• When the electricity grid is carbon-free in 2050, green power purchase programs will
become obsolete.
Green Power Purchase -
Residential
Percentage of residential electricity use met through participation in
renewable energy purchasing programs (e.g. Xcel’s Windsource or
Renewable*Connect) in the specified year
1.5% 3.5% 5.2% 0%
• The 2020 participation rate is based on the participation goals from Eden Prairie’s
Energy Action Plan.
• In 2018, 4.4% of customers participated (1,054) for a total of 1.5% of community-
wide residential electricity. This exceeds the Energy Action Plan participation goal for
2018, and is nearly at the 2020-2025 target of 1,100 customers participating.
• 2030 and 2040 are based on linear growth in the percentage of subscribed energy
based on 2015-2018 community-wide data.
• Nationally, the highest participation rate in green power purchase programs is
currently 19% (in Portland – assumed to be % of customers, not energy).
• When the electricity grid is carbon-free in 2050, green power purchase programs will
become obsolete.
Fuel Switching
Business Electrification Percentage of commercial buildings served by natural gas for space and
water heating that have switched to electricity by the specified year
0%
(0%
9%
15%
38%
63%
70%
100%)
• Derived from the “Electrification Futures Study Sensitivity” scenario used in the
energy modeling analysis for Xcel Energy’s Upper Midwest Integrated Resource Plan
2020-2034.
• The other option shown is derived from the “High Electrification” scenario
Residential Electrification Percentage of homes served by natural gas for space and water heating
that have switched to electricity by the specified year
2%
(2%
17%
19%
55%
65%
97%
100%)
• Derived from the “Electrification Futures Study Sensitivity” scenario used in the
energy modeling analysis for Xcel Energy’s Upper Midwest Integrated Resource Plan
2020-2034.
• The other option shown is derived from the “High Electrification” scenario
Travel
Mode Shift
Percentage reduction from baseline (2017) vehicle miles traveled (VMT)
per resident due to increased walking, biking, transit ridership, ride-
sharing, and trip efficiency
0% 4.2% 8.6% 8.6%
• Derived from the estimated regional change in daily VMT per resident by 2040 due to
all changes made to the regional transit system (USDOT, FTA, Metropolitan Council,
Southwest Light Rail Transit Final Environmental Impact Statement, May 2016).
• No additional reduction is assumed between 2040 and 2050.
Electric Passenger Vehicles Percentage of passenger vehicles that drive within City boundaries that are
electric by the specified year 5% 30% 50% 100% • Determined in collaboration with Eden Prairie’s City Fleets Manager
Electric Light Trucks Percentage of light trucks that drive within City boundaries that are electric
by the specified year 0% 15% 50% 100% • Determined in collaboration with Eden Prairie’s City Fleets Manager
3
Electric Heavy Trucks Percentage of heavy trucks that drive within City boundaries that are
electric by the specified year 0% 15% 50% 100% • Determined in collaboration with Eden Prairie’s City Fleets Manager
Waste
Waste Reduction and Diversion Percentage reduction in emissions from the management of municipal
solid waste by the specified year 63% 75% 85% 100%
• Inspired by Hennepin County’s Solid Waste Management Master Plan, 2018 goal of
75% of waste being recycled by 2030
• Goal of net-zero emissions from waste management by 2050
CITY OF EDEN PRAIRIE CLIMATE ACTION PLANNING
October 15, 2019
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, OCTOBER 15, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg,
and PG Narayanan
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City
Attorney Ric Rosow, and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION OF $225 FROM SUMMIT PLACE FOR SENIOR
CENTER HOLIDAY LUNCH (Resolution)
B. ACCEPT DONATION OF $750 FROM CRIME PREVENTION FUND FOR
HALLOWEEN ON THE MALL (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 1, 2019
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 2019
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. HIGHLAND OAKS by City of Eden Prairie. Second Reading of an Ordinance for
PUD District Review with Waivers on 9.73 acres and Zoning District Change from
R1-13.5 to R1-9.5 on 9.73 acres (Ordinance for PUD District Review with
waivers and Zoning District Change; Ordinance Summary; Development
Agreement)
CITY COUNCIL AGENDA
October 15, 2019
Page 2
C. APPROVE AGREEMENT FOR SERVICES WITH I-494 CORRIDOR
COMMISSION
D. ADOPT RESOLUTION APPROVING JPA WITH MINNESOTA
INTERNET CRIMES AGAINST CHILDREN TASK FORCE (MICAC)
E. ADOPT RESOLUTION AND FINDINGS DENYING A MASSAGE
THERAPIST LICENSE TO JENNIFER NGUYEN
F. APPROVE CHANGE ORDER NO. 2 FOR PRESERVE BOULEVARD
RECONSTRUCTION PROJECT
G. APPROVE CHANGE ORDER NO. 1 FOR SINGLETREE LANE SOUTH
STREETSCAPE PROJECT
H. APPROVE CHANGE ORDER NO. 1 FOR 2019 MILL AND OVERLAY
PROJECT
I. APPROVE AGREEMENT WITH HAMLINE UNIVERSITY, NINE MILE
CREEK WATERSHED DISTRICT, AND RILEY-PURGATORY-BLUFF
CREEK WATERSHED DISTRICT FOR ADOPT A DRAIN PROGRAM
J. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND
EQUIPMENT AS PRESENTED IN 2020 BUDGET
K. DECLARE PROPERTY AS SURPLUS
L. APPROVE ENCROACHMENT AGREEMENT FOR 10528 PARKER DRIVE
M. APPROVE MODIFICATIONS TO PARKS AND RECREATION RENTAL
FACILITY POLICY
N. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR
ANIMAL IMPOUND SERVICES
IX. PUBLIC HEARINGS / MEETINGS
A. 2019 SPECIAL ASSESSMENTS (Resolution)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
CITY COUNCIL AGENDA
October 15, 2019
Page 3
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: October 11, 2019
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, October 15, 2019
___________________________________________________________________________________________
TUESDAY, OCTOBER 15, 2019 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council
on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are
finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not
recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION OF $225 FROM SUMMIT PLACE FOR SENIOR CENTER HOLIDAY LUNCH (Resolution) Synopsis: The Eden Prairie Senior Center provides a wide variety of social, recreational and educational opportunities for adults and seniors, including special events, educational classes, trips and social activities. Each year the Senior Center provides a Holiday Lunch in December.
MOTION: Adopt the Resolution accepting the donation of $225 from Summit Place to go towards Holiday Lunch at the Senior Center.
B. ACCEPT DONATION OF $750 FROM CRIME PREVENTION FUND FOR HALLOWEEN ON THE MALL (Resolution)
Synopsis: Each year approximately 8,000 people gather at the Eden Prairie Center for live entertainment and trick-or-treating at the mall merchants. Donations such as this make this free family event possible.
ANNOTATED AGENDA October 15, 2019
Page 2 MOTION: Adopt the Resolution accepting the donation of $750 from
the Eden Prairie Crime Fund toward the Halloween on the Mall event. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 1, 2019
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 2019
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-N on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. HIGHLAND OAKS by City of Eden Prairie. Second Reading of an Ordinance for
PUD District Review with Waivers on 9.73 acres and Zoning District Change from R1-13.5 to R1-9.5 on 9.73 acres (Ordinance for PUD District Review with waivers and Zoning District Change; Ordinance Summary; Development Agreement)
C. APPROVE AGREEMENT FOR SERVICES WITH I-494 CORRIDOR COMMISSION
D. ADOPT RESOLUTION APPROVING JPA WITH MINNESOTA
INTERNET CRIMES AGAINST CHILDREN TASK FORCE (MICAC)
E. ADOPT RESOLUTION AND FINDINGS DENYING A MASSAGE THERAPIST LICENSE TO JENNIFER NGUYEN
F. APPROVE CHANGE ORDER NO. 2 FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT
G. APPROVE CHANGE ORDER NO. 1 FOR SINGLETREE LANE SOUTH STREETSCAPE PROJECT
H. APPROVE CHANGE ORDER NO. 1 FOR 2019 MILL AND OVERLAY PROJECT
ANNOTATED AGENDA October 15, 2019
Page 3
I. APPROVE AGREEMENT WITH HAMLINE UNIVERSITY, NINE MILE CREEK WATERSHED DISTRICT, AND RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR ADOPT A DRAIN PROGRAM
J. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS PRESENTED IN 2020 BUDGET
K. DECLARE PROPERTY AS SURPLUS
L. APPROVE ENCROACHMENT AGREEMENT FOR 10528 PARKER DRIVE
M. APPROVE MODIFICATIONS TO PARKS AND RECREATION RENTAL FACILITY POLICY
N. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES
IX. PUBLIC HEARINGS / MEETINGS
A. 2019 SPECIAL ASSESSMENTS (Resolution)
Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months.
This year, the Council will address a list of supplemental assessments for such
things as trunk utility, a 100% Petition, and removal of snow, tall grass, weeds and trees. Staff recommends Council approve the list of assessments. MOTION:
Close the public hearing for the approval of the 2019 Special
Assessments; and
Adopt the resolution approving all Special Assessments presented in the fall of 2019 X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
ANNOTATED AGENDA October 15, 2019
Page 4 A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA SECTION: Proclamations and Presentations
DATE: October 15, 2019
DEPARTMENT / DIVISION:
Jay Lotthammer, Director,
Parks and Recreation
ITEM DESCRIPTION:
Donation from Summit Place towards Senior
Holiday Lunch
ITEM NO.:
IV.A.
Requested Action Move to: Adopt Resolution accepting the donation of $225 from Summit Place to go
towards Holiday Lunch at the Senior Center.
Synopsis A donation of $225 was received from Summit Place.
Background The Eden Prairie Senior Center provides a wide variety of social, recreational and educational opportunities for adults and seniors, including special events, educational classes, trips and social
activities. Each year the Senior Center provides a Holiday Lunch in December.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $225 to be used towards the Holiday Lunch at the Eden
Prairie Senior Center from Summit Place is hereby recognized and accepted by the Eden Prairie
City Council. ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2019.
___________________ Ronald A. Case, Mayor
ATTEST: ______________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
October 15, 2019
DEPARTMENT/DIVISION:
Parks and Recreation Jay Lotthammer
ITEM DESCRIPTION:
Donations for Halloween on the Mall
ITEM NO.:
IV.B.
Requested Action Move to: Adopt Resolution accepting the donation of $750 from the Eden Prairie Crime
Fund toward the Halloween on the Mall event.
Synopsis Each year approximately 8,000 people gather at the Eden Prairie Center for live entertainment
and trick-or-treating at the mall merchants.
Donations such as this make this free family event possible. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019 - RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $750 to be used towards the Halloween on the Mall event
from the Eden Prairie Crime Prevention Fund is hereby recognized and accepted by the Eden
Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2019.
___________________________ Ronald A. Case, Mayor
ATTEST:
___________________________
Kathleen Porta, City Clerk
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, OCTOBER 1, 2019 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, PG
Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Parks and Natural Resources Manager Matt Bourne,
Community Center Manager Valerie Verley, Administrative Services/HR Director Alecia Rose, City Attorney Ric Rosow, and Recorder Kyle Salage. Workshop - Heritage Rooms I and II (5:30) Aho called the workshop to order at 5:36 p.m. Absent from the workshop was Mayor Case. I. FORESTRY UPDATE
Bourne provided an overview of the history of both Oak Wilt and Dutch Elm Disease, as
well as statistics regarding the number of cases of each since 2017. He noted of all City locations, the frequency of these diseases is particularly high at Staring Lake Park. In general, cases of the former have increased since 2017, and have decreased since 2017 for the latter.
Nelson asked for clarification on what types of oak trees are most at risk for Oak Wilt. Bourne indicated red oak trees are most at risk of the disease, while white oaks are less likely to become infected. Aho asked for clarification as to what the Oak Wilt disease is. Bourne stated it is a disease spread through beetles, which then kill the trees they enter.
Nelson inquired what the signs of Oak Wilt are. Aho expressed concern there is nothing
to be done to stop the disease once it starts. Narayanan asked whether the age of a tree affects its vulnerability. Bourne indicated age is not a factor, but pruning and maintenance is.
In regard to Dutch Elm Disease, Bourne stated 2017 was an anomaly year with an
extremely high number of cases. This spike was due in part to a change in management practice and strategy. In general, Emerald Ash Borer has spread rapidly since its discovery in 2002, but has spread more slowly within Minnesota since it reached the state in 2009. Aho inquired how effective preventative treatment of trees has been for
Emerald Ash Borer. Bourne indicated such treatment is nearly 100% effectively as long as the treatment is done properly and early enough in the infestation cycle. Freiberg asked for estimates regarding the cost for pre-emptive Emerald Ash Borer treatment. Bourne stated treatment generally costs $4 per foot of tree, meaning the average tree of
City Council Workshop Minutes October 1, 2019
Page 2 twenty-five (25) feet would cost approximately $100 to treat. He then discussed the map of confirmed Emerald Ash Borer infestations in the City. He noted residents were able to
get treatment for their trees on private property through the same company treating the
trees on public property, Rainbow Tree Care. Aho asked for clarification on how treatment of the trees is being tracked by the City. Bourne stated there is an ongoing and regularly updated tree inventory for the City. However, he noted the tree treatment plan operates on a three (3) year cycle, assuming treatment remains effective for two (2)
years. Aho inquired whether there will come a time the treatments are no longer needed.
Bourne indicated it is anticipated these tree diseases will follow the pattern of a twenty-five (25) year bell curve. As such, it is assumed eventually the diseases will be eradicated.
Nelson asked how much it costs to remove a tree and then replant. Bourne stated this
removal and replanting process generally costs between $750 and $1000. However, he noted this is not much more expensive than conducting disease maintenance for the anticipated twenty-give (25) year cycle duration. Most tree removals are done by City staff. He then discussed the map of where new trees will be planted in the City in 2019,
and summarized the Parks and Recreation Department’s education outreach efforts.
Bourne noted residents often ask the Parks and Recreation department to inspect the trees on their private property and determine whether they are ash trees. Staff will visit properties to do so. Nelson asked how ash trees on heritage sites are being treated.
Bourne indicated these heritage trees are being treated differently than regular trees.
Nelson asked what types of trees are being planted. Bourne indicated the approach of the Parks and Recreation department is to diversify the City’s tree population with many different types. Nelson requested a list of the types of trees the department is planting be made available to residents so they know what ones to consider when planting and
replanting on their private property.
II. FACILITY RENTAL POLICY MODIFICATIONS Verley noted this topic and the need for policy changes is driven by the recent high
volume of reservation cancellations at City venues. This corresponded to an atypically
high number of refunds issued. The proposed policy changes will hopefully decrease the frequency of reservation cancellations, and keep reservation dates more open for those who want to use City facilities. Verley then summarized the existing policies and proposed changes.
Narayanan inquired whether it has been considered to offer refunds on a graduated scale. Verley indicated this is a proposed change specifically for the Riley-Jacques Barn, which has a limited window for use during the year.
Lotthammer stated it is reasonable to expect these changes in policy would result in
cancellations decreasing by 50%. Nelson suggested the new Staring Lake Park chalet will need to be handled differently than other venues. Lotthammer indicated it will be treated similarly to the Cambria Room
at the Community Center.
City Council Workshop Minutes October 1, 2019
Page 3 Lotthammer noted some people have abused the rental method for the Riley-Jacques Barn by claiming multiple dates at once, only to cancel most of them later.
Narayanan asked whether it has ever been considered to offer both refundable and non-refundable reservations, similar to airlines, with the former costing an additional fee. Verley indicated this is something the City could consider.
Verley then summarized the major events and races held at these parks and venues.
Verley closed by explaining the next steps in the process for updating these policies. Narayanan suggested “political affiliation” be added to the policy’s list of protected reasons for which a reservation cannot denied or discriminated against.
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM IV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 1, 2019 7:00 PM, CITY CENTER Council Chamber
8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council
Recorder Jan Curielli
I. CALL THE MEETING TO ORDER Acting Mayor Aho called the meeting to order at 7:00 PM. Mayor Case was absent.
II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION OF $500 FROM DENTISTS OF EDEN PRAIRIE FOR FALL INTO FITNESS AND FLOATING PUMPKIN PATCH (Resolution No. 2019-106) Lotthammer reported we received a donation from Dentists of Eden Prairie for $500, $250 of which to be used for the Fall into Fitness event and $250 for the Floating
Pumpkin Patch event. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2019-106 accepting the donation of $500 to be used towards Fall into Fitness ($250) and Floating Pumpkin Patch ($250) from Dentists of Eden Prairie. Motion carried 4-0.
B. ASPIRE EDEN PRAIRIE 2040 COMPREHENSIVE PLAN (Resolution No. 2019-
107) City Planner Klima gave a PowerPoint presentation reviewing the Aspire Eden Prairie 2040 Comprehensive Plan. The process used to develop the plan began in
November 2016 and included a wide variety of community engagement opportunities
in 2017. Public reviews of the draft plan were held at the Planning Commission and at
CITY COUNCIL MINUTES October 1, 2019
Page 2 the City Council in 2018. The Metropolitan Council at its August 28, 2019 meeting, authorized the City of Eden Prairie to put Aspire Eden Prairie 2040 into effect and
granted approval of the City of Eden Prairie Comprehensive Sewer Plan. As a part of
this action, the Metropolitan Council approved the revision of Eden Prairie’s employment forecasts for 2020, 2030, and 2040. City staff has been working with Metropolitan Council staff throughout the Aspire process advocating for this revision. Metropolitan Council staff also has recommended that the City implement the
advisory comments for Surface Water Management and Water Supply. These
advisory comments call for the City to: 1. Provide the Metropolitan Council with the dates that the three watershed districts approved the Local Water Management Plan (LWMP)supplement
and the date that the City adopted the final LWMP; and
2. Include the Local Water Supply Plan as an appendix to Aspire. Klima said the City will implement these revisions and comments prior to submitting a final copy of Aspire to the Metropolitan Council. She reviewed the organizational
structure of Aspire Eden Prairie along with the plan’s call outs and goals of social
equity and diversity, community health, and sustainable resilience. She noted the plan is a long term document, and there will be a public process to make amendments to the plan if changes are needed.
Aho noted his appreciation for the good work staff has done on the plan.
MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2019-107 for approval of the Aspire Eden Prairie 2040 comprehensive plan. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Freiberg moved, seconded by Narayanan, to approve the agenda as published. Motion carried 4-0. VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 17, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 2019
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council Workshop held Tuesday, September 17, 2019, and the City Council meeting held Tuesday, September 17, 2019, as published. Motion carried 4-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
CITY COUNCIL MINUTES October 1, 2019
Page 3 A. CLERK’S LICENSE LIST B. APPROVE AMENDMENT OF CONSERVATION EASEMENT OVER LOT 1
BLOCK 1 OF MEADOWCROFT C. APPROVE INDEMINIFICATION AND COOPERATION AGREEMENT REGARDING FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD AND ZONING ORDINANCE D. APPROVE THIRD AMENDMENT TO CITY LIQUOR STORE LEASE AT PRAIRIE VIEW MALL LOCATION
E. AWARD CONTRACT FOR MAPLE LEAF DRAIN TILE INSTALLATION TO KEVIN CASEY LLC. F. PURCHASE ARMORTEX FIBERGLASS COMPOSITE PANELS AND AWARD CONTRACT FOR COUNCIL CHAMBER DAIS AND FRONT DESK
SECURITY UPGRADE TO ADROIT FINISHINGS G. APPROVE STANDARD AGREEMENT FOR CONTRACTED SERVICES WITH VTI FOR STARING LAKE BUILDING SECURITY MOTION: Nelson moved, seconded by Narayanan, to approve Items A-G on the
Consent Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS / MEETING A. 10197 EDEN PRAIRIE ROAD by Perry Ryan. Resolution 2019-108 for Comprehensive Plan amendment and MUSA expansion on 1.05 Acres; First reading of an ordinance for Zoning District change on 1.05 Acres. (Ordinance for Zoning District Change; Resolution No. 2019-108 for Comprehensive Plan Amendment) Getschow said the applicant is requesting a 2040 Comprehensive Plan amendment from Rural to Low Density Residential, a MUSA extension and a rezoning of the property from Rural to R1-44. The 1.05-acre parcel is located at 10197 Eden Prairie Road at the northeast corner of Eden Prairie Road and Flying Cloud Drive. The property is
currently undeveloped, though it does have a constructed driveway. The property is proposed to be developed as one single family home. Perry Ryan, 19655 Waterford Place, Excelsior, said his family has owned the property since 1998 and has always intended to develop it as a single family lot when City
services became available. City services are now available with the Eden Prairie Road reconstruction project which brought municipal sanitary sewer and water to the property. He gave a PowerPoint presentation about the Eden Prairie Road reconstruction and his proposed single-family home development.
CITY COUNCIL MINUTES October 1, 2019
Page 4 Nelson commented there are very steep slopes on this property and asked if the house will be built at the top of the property. Mr. Ryan replied it will be on the north side of
the lot. He said the steepest parts of the slope are outside of the property.
Aho asked if Mr. Ryan intended for his family to reside there. Mr. Ryan replied he has not made a final decision on that.
There were no comments from the audience.
MOTION: Freiberg moved, seconded by Narayanan, to close the public hearing; to adopt Resolution No. 2019-108 for Guide Plan change from Rural to Low Density Residential and extension of MUSA boundary on 1.05 acres; and to approve the first
reading of the ordinance for Zoning District change from Rural to R1-44 on 1.05
acres. Motion carried 4-0. B. INDEMINIFICATION AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND CASTLE RIDGE AND RESOLUTION NO. 2019-109 APPROVING PUBLIC FINANCE AUTHORITY ISSUANCE OF BONDS ON BEHALF OF CASTLE RIDGE CARE CENTER Getschow reported staff has been working with Presbyterian Homes on a multi-phase development in Eden Prairie. This item is in relationship to the Castle Ridge Care Center which was the first phase of the development. The developer has requested the Public Finance Authority (PFA) issue revenue bonds to finance the project. He explained in some cases the City acts as the conduit for such bonds; however, in this
case the City of Eden Prairie will not be the conduit issuer. The IRS code requires the bonds be approved by the applicable elected representation of a governmental unit having jurisdiction over the area where the project is located. Narayanan asked if the City would have any liability for the bonds. Getschow replied
the City would not. Aho noted in this case the City is not even the conduit, so the agreement does not impact the City’s finances at all. We are just giving approval for the bond issuance to go through.
There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing; to
adopt Resolution No. 2019-109 approving the issuance by the Public Finance
Authority of bonds on behalf of Castle Ridge Care Center, Inc.; and to approve the Indemnification Agreement between the City of Eden Prairie and Castle Ridge. Motion carried 4-0.
X. PAYMENT OF CLAIMS
CITY COUNCIL MINUTES October 1, 2019
Page 5 MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson,
and Aho voting “aye.”
XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Acting Mayor Aho adjourned the meeting at 7:23 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
October 15, 2019
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Gambling/Bingo Permit Organization: International School Parent Association Place: International School of MN
6385 Beach Road
Date: November 15, 2019
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
October 15, 2019
DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima
ITEM DESCRIPTION:
Highland Oaks
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with
waivers on 9.73 acres and a Zoning District Change from R1-13.5 to R1-9.5 on 9.73 acres; and
• Approve the Development Agreement for Highland Oaks. Synopsis
This is the final approval of the development agreement and plans for Highland Oaks. The property is
located at 7120 Gerard Drive. Background On September 3, 2019, the City Council approved the 1st reading of the Ordinance for the PUD and
rezoning for Highland Oaks and directed staff to prepare a Development Agreement. The proposed project creates 17 single family lots and one outlot. At the September 3 Council meeting discussion occurred regarding the potential to revise the grading
plan in order to save a heritage tree in the southwest corner of the property. The developer worked
with staff to revise the grading plan and tree preservation plan. As a result of those efforts, the tree discussed on September 3 was saved along with 3 additional trees in the vicinity. The plans listed in the Development Agreement include these changes and count these 4 trees as saved.
The 120-Day review period expires on November 4, 2019.
Attachments 1. Ordinance – PUD District Review with waivers
2. Ordinance Summary 3. Development Agreement
HIGHLAND OAKS
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-2019-PUD-12-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-13.5 Zoning District and be placed in the R1-9.5 Zoning District as noted in Exhibit A 20 -
2019-PUD-12-2019 (hereinafter "PUD-12-2019”).
Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 15, 2019 entered into between Highland Oaks LLC and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development
Agreement contains the terms and conditions of PUD-12-2019, and are hereby made a part
hereof. Section 4. The City Council hereby makes the following findings:
A. PUD-12-2019 is not in conflict with the goals of the Comprehensive Guide Plan
of the City. B. PUD-12-2019 is designed in such a manner to form a desirable and unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-12-2019 are justified by the design of the development described therein. D. PUD-12-2019 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-13.5 and placed in the R1-9.5 Zoning District as noted in Exhibit A and
shall be included hereafter in the Planned Unit Development PUD-12-2019 and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of September, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of October, 2019.
ATTEST:
__________________________________ ___________________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on October 24, 2019.
EXHIBIT A
R1-13.5 Zoning District to R1-9.5 Zoning District
Legal Description Prior to Final Plat: Parcel 1: That part of the East ½ of the Northeast Quarter of Section 10, Township 116, Range 22, described as follows: Commencing at appoint in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West
595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 162.05 feet to the actual point of beginning of the tract of land to be described: thence continuing Southerly on an extension of said curved line a distance of 52.25 feet to a point 1860.1 feet North of the South line of the NE Quarter of said Section 10, and 699 feet West of the East line of said NE Quarter measured on a line parallel with the South line of
said NE Quarter of Section 10; thence West parallel with said South line 595.8 feet, more or less to the West line of the East ½ of the NE Quarter of said Section; thence North along said West line to the Northwest corner of said East ½ of the NE Quarter; thence East along the North line of said tract to its intersection with a line bearing North 18 degrees 8 minutes West from the actual point of beginning; thence South 18 degrees 8 minutes East to the actual point of
beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1336259.
Parcel 2: That part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 116, Range 22 described as follows: Commencing at a point in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of
101.98 feet a distance of 140.95 feet to the point of beginning of the tract of land to be described; thence continuing Southerly on an extension of said curved line a distance of 21.1 feet; thence North 18 degrees 08 minutes West to a point in the North line of said Section; thence East along said North line to its intersection with a line bearing North 18 degrees 08 minutes West from the actual point of beginning; thence South 18 degrees 08 minutes East to the actual point of
beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No 1306293.
Parcel 3: Outlot A, Topview Acres 5th Addition, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1306294. Legal Description After the Final Plat: Lots 1-17 and Outlot A, Highland Oaks, Hennepin County, Minnesota.
HIGHLAND OAKS
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 20-2019-PUD-12-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 7120
Gerard Drive within the R1-9.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on ______________________, 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
R1-13.5 Zoning District to R1-9.5 Zoning District
Legal Description Prior to Final Plat: Parcel 1: That part of the East ½ of the Northeast Quarter of Section 10, Township 116, Range 22,
described as follows: Commencing at appoint in the East line of said Section 10, distant 841.63
feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 162.05 feet to the actual point of beginning of the tract of land to be described: thence continuing Southerly on an extension of said curved line a distance of 52.25
feet to a point 1860.1 feet North of the South line of the NE Quarter of said Section 10, and 699
feet West of the East line of said NE Quarter measured on a line parallel with the South line of said NE Quarter of Section 10; thence West parallel with said South line 595.8 feet, more or less to the West line of the East ½ of the NE Quarter of said Section; thence North along said West line to the Northwest corner of said East ½ of the NE Quarter; thence East along the North line
of said tract to its intersection with a line bearing North 18 degrees 8 minutes West from the
actual point of beginning; thence South 18 degrees 8 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property
Torrens Certificate No. 1336259.
Parcel 2: That part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 116, Range 22 described as follows: Commencing at a point in the East line of said Section 10, distant
841.63 feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes
West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 140.95 feet to the point of beginning of the tract of land to be described; thence continuing Southerly on an extension of said curved line a distance of 21.1 feet; thence North 18 degrees 08 minutes West to a point in the North line of said Section; thence East along
said North line to its intersection with a line bearing North 18 degrees 08 minutes West from the
actual point of beginning; thence South 18 degrees 08 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property
Torrens Certificate No 1306293.
Parcel 3: Outlot A, Topview Acres 5th Addition, Hennepin County, Minnesota. Torrens Property
Torrens Certificate No. 1306294.
Legal Description After the Final Plat: Lots 1-17 and Outlot A, Highland Oaks, Hennepin County, Minnesota.
DEVELOPMENT AGREEMENT
Highland Oaks THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of October 15, 2019, by Highland Oaks LLC a Minnesota limited liability corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”:
WITNESSETH: WHEREAS, Developer has applied to the City for a Planned Unit Development Concept Review on 9.73 acres, Planned Unit Development District Review with waivers on 9.73 acres,
Zoning District Change from R1-13.5 to R1-9.5 Zoning District on 9.73 acres, and Preliminary
Plat of 9.73 acres into 17 lots and1 outlot, legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit
Development District Review and Zoning District Change from R1-13.5 to R1-9.5 on 9.73 acres,
and Resolution No. __________ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated ______________, reviewed and approved by the City Council on
____________, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. BUILDING MATERIALS: Developer shall offer to prospective purchasers a variety of architectural styles, building materials and colors to provide variation throughout the
neighborhood. Homes located next to each other may not have: the same architectural style.
Prior to the issuance of a release of the Final Plat, Developer shall provide the City Planner with the palette of choices for the home models, building materials and colors. Developer shall notify potential buyers of the house architectural style and building material colors selected for adjacent lots already under contract for sale. Developer shall encourage
purchasers to select materials and colors that provide variation from selections made for
homes on adjoining lots, provided however material and color selection is left to the discretion of the Developer and purchaser.
4. CASH PARK FEES: Developer shall pay cash park fees for 17 lots as required by City Code in effect as of the date of the issuance of the building permits for construction on the
Property.
5. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24
hour notice of such violation in order to allow a cure of such violation, provided however,
City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City
Manager of the City or a designee. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and
agents from and against any and all claims, demands, lawsuits, complaints, loss, costs
(including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City.
7. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Registrar of Titles’ Office, as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice,
to the Developer, consider a resolution revoking the approval.
8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers’ written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said
improvements as required by City Code. Prior to release of the grading security,
Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans.
Developer shall employ the design professional who prepared the final grading
plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final
grading plan and SWPPP. In addition, the design professional retained by the
Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins, “Stormwater Infiltration” or “Filtration Systems” (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration
trenches) or “Underground Systems” (such as media filters, underground sand
filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil
compaction, erosion, clogging, vegetation loss, channelization of flow or
accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit
for the Development.
Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled “State of Minnesota
Storm Water Manual” current edition the approved final grading plan and the
requirements listed herein. All inspections of underground systems shall be
performed by personnel that have approved OSHA confined space training.
Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration
system with erosion control fencing prior to construction; installation of the
infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction.
In areas of structural infiltration Developer shall prior to construction of the
infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and
(v) corrective actions that will be taken if the infiltration system does not meet the
performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective
measures are required to allow infiltration as proposed.
Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of ½ inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to
restore adequate infiltration must be provided within 90-days of the field
verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater
Infiltration Systems.
C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in
perpetuity prior to issuance of the Land Alteration Permit. The Stormwater
Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration
Systems; routine and non-routine inspection procedures; sweeping frequency for
all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8.
During construction and for two years following completion of construction, all
Stormwater Facilities shall be inspected at a minimum of once annually to
determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater
Facilities, if any, must be corrected and any structural damage impairing or
threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection:
• A storage treatment basin (including retention and detention basins) shall
be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume.
• A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater.
• An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater
Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. After the two year period of maintenance, the Owner of the Property shall continue
to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of
approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance
Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement.
D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention
Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion
control features, temporary stockpile locations, turf restoration procedures,
concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP.
9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. TREE REPLACEMENT PLAN: Prior to the issuance of a Land Alteration Permit for
the Property, the Developer shall submit to the City Planner and receive the City Planner's
written approval of an executed landscape agreement and a final Tree Replacement Plan for the Property including all proposed trees as depicted on the Exhibit B Plans. Prior to the issuance of a Land Alteration Permit for the Property, Developer shall also
submit to the City Planner and receive the City Planner's written approval of a security in
the form of a cash escrow, or letter of credit, equal to 150% of the cost of said improvements including all proposed trees, as depicted on the landscape and tree replacement plan on the Exhibit B Plans.
The approved Tree Replacement Plan shall be consistent with the quantity, type, and size
of all plant materials shown on the Tree Replacement Plan on the Exhibit B Plans. The approved Tree Replacement Plan shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved Tree Replacement Plan shall also provide that, should actual tree loss exceed that
calculated herein, Developer shall provide tree replacement on a caliper inch per caliper
inch basis for such excess loss. The installation shall conform to the approved Tree Replacement Plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes,
including but not limited to removal and relocation, to the Tree Replacement Plan or
landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved Tree Replacement Plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Development Agreement.
11. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited
to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission
Environmental Services, and Nine Mile Creek Watershed District.
The City Planner may determine that conditions of approval required by the Nine Mile Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as
determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section
15.99 of an additional 60 days for the addition review. 12. OUTLOT A: The Developer shall convey fee simple marketable title to Outlot A by Warranty Deed, free and clear of all encumbrances to the City. Developer has filed against
the property that certain Declaration dated the 18th day of September 2019 by Highland
Oaks LLC as Declarant in favor of the Nine Mile Creek Watershed District, recorded with the Hennepin County Registrar of Title’s Office as Document No. 5645938. Developer shall jointly request with the City that the Nine Mile Creek Watershed District approve release of the Declaration upon a finding the District engineer and staff that (i) the permit
remains valid and the permittee remains in compliance; and (ii) condition that the City
first enter a maintenance agreement with Nine Mile Creek Watershed District for Outlot A. Regardless of whether the Declaration is vacated, Developer shall at all times remain responsible for maintenance of all drain tile located on lots within the Plat that drains water into Outlot A. Further Developer shall remain at all times remain responsible for
maintenance of the Infiltration Strip located on Lots 2 and 3 of the Plat. After filing of the
Warranty Deed referred to below City shall be responsible for maintenance of the storm pipe running from Infiltration Basis # 1 into Outlot A over which the City will have a drainage and utility easement as shown on the Plat and will also be responsible for maintenance of Infiltration Basin #1 located within portions of lots 9 & 10. Prior to
recording the Developer shall submit the Warranty Deed to the City Engineer for review
and written approval. After approval by the City Engineer, Developer shall file the Warranty Deed with the Hennepin County Registrar of Titles Office immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their
successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the Warranty Deed has been recorded in the Hennepin County Registrar of Titles Office.
Except for the terms of this paragraph 12, Outlot A is not subject to the terms and conditions of this Agreement. 13. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated
in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare
laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines.
14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1.9.5 District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD (list PUD number):
A. Minimum Lot Width City Code requires a minimum lot width of 70 feet in the R1-9.5 Zoning District. A waiver is also approved for Lots 1, 2, 15, and 16 providing a range of lot width
from 55.9 to 69 feet. Lots that are located on entirely on the arc of a cul de sac
have a minimum lot width requirement of 55 feet at the right of way line. A waiver to the minimum lot width is approved for Lots 5, 6, 11, and 12 providing a range of lot width from 34.5 to 53.2 feet. B. Minimum Lot Width on a Corner Lot
City Code requires a minimum lot width of 85 feet for corner lots in the R1-9.5 Zoning District. The width of Lot 3 along Tranquility Circle is 72.47 feet and 56.3 feet along Highland Oaks Court. C. Front Yard Setback
City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. A waiver allowing a 25 foot front yard setback for all of the lots is approved.
D. Side Yard Setback
The R1-9.5 Zoning District requires a minimum 5 foot side yard setback with a combined total setback of 15 feet on both sides. A waiver allowing a 7.5 foot setback on each side for a total of 15 feet on both sides for all of the lots.
15. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to
issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property.
Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the
amount of $1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan.
16. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls greater than four feet in height.
These plans shall include details with respect to the height, type of materials, and method
of construction to be used for the retaining walls
Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property.
All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 17. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown
on the Plans and in accordance with the requirements of City Code, Section 11.70,
Subdivision 5a. 18. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit D,
shall be signed by the owner(s) of the Property with the City for trunk sewer and water
assessments on an assessable area of 6.19 acres in the amount of $53,277.29. 19. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City
Engineer, and obtain the City Engineer's written approval of plans for public streets,
sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer’s written approval of a surety equal to 125% of the cost of said
improvements. A permit fee of five percent of construction value shall be paid to City by
Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 20. WETLAND PLAN:
Prior to release of the land alteration permit for any portion of the Property, Developer
shall submit to the Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements.
A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report (“Buffer Report”) and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements. If the Delineation or Buffer Reports identify any unacceptable
vegetation or other conditions, the wetland and/or wetland buffer strip shall be
graded, treated, reseeded and/or replanted (thereon known as “Landscaping”, or
“Landscaped”) by the Developer within 90 days of submission of the Buffer Report
or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a
qualified wetland consultant, as determined by the City Manager, stating that the
wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit
a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in
compliance with all City requirements. The Annual Buffer Report shall provide
both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report.
C. Conservation Easement: Developer shall submit a Conservation Easement attached as Exhibit E, for review and written approval by the Environmental Coordinator, for the area(s) delineated on the Plans. After approval by the City,
Developer shall file the Conservation Easement with the Hennepin County
Registrar of Titles’ Office as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Registrar of Titles' Office.
D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to
install all wetland buffer strip monuments for the property prior to release of the
first building permit for any portion of the Property. The Security referred to in the
paragraph below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot
(1.12 pounds per foot is preferred) green steel channel post or other material pre-
approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign shall have a minimum size of 3 inch by 8 inch (3” x 8”). The sign shall be mounted flush with the top of the post and shall include the statement “Conservation Easement: No Mowing
Allowed - Wetlands and buffers filter pollutants, reduce flooding and provide
habitat.” The signs shall also include the City and Watershed District logos and website links. The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited.
E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter
referred to as the “Security”) equal to 150% of the cost, as estimated by the City
Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________ Ronald A. Case Its Mayor
By____________________________ Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of October, 2019, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
Highland Oaks LLC
By ________________________________ Steven H. Schwieters Its Chief Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of September, 2019, by Steven H. Schwieters, the Chief Manager of Highland Oaks LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT – HIGHLAND OAKS
Legal Description Before Final Plat Parcel 1: That part of the East ½ of the Northeast Quarter of Section 10, Township 116, Range 22, described as follows: Commencing at appoint in the East line of said Section 10, distant 841.63 feet South of the
Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 162.05 feet to the actual point of beginning of the tract of land to be described: thence continuing Southerly on an extension of said curved line a distance of 52.25 feet to a point 1860.1 feet North of the South line of the NE Quarter of said Section 10, and 699 feet West of the East line of said NE Quarter measured on
a line parallel with the South line of said NE Quarter of Section 10; thence West parallel with said South line 595.8 feet, more or less to the West line of the East ½ of the NE Quarter of said Section; thence North along said West line to the Northwest corner of said East ½ of the NE Quarter; thence East along the North line of said tract to its intersection with a line bearing North 18 degrees 8 minutes
West from the actual point of beginning; thence South 18 degrees 8 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property
Torrens Certificate No. 1336259. Parcel 2: That part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 116, Range 22 described as follows: Commencing at a point in the East line of said Section 10, distant 841.63 feet
South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 140.95 feet to the point of beginning of the tract of land to be described; thence continuing Southerly on an extension of said curved line a distance of 21.1 feet; thence North 18 degrees 08
minutes West to a point in the North line of said Section; thence East along said North line to its intersection with a line bearing North 18 degrees 08 minutes West from the actual point of beginning; thence South 18 degrees 08 minutes East to the actual point of beginning, Hennepin County, Minnesota.
Torrens Property Torrens Certificate No 1306293. Parcel 3:
Outlot A, Topview Acres 5th Addition, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1306294. Legal Description After Final Plat
Lots 1-17, Block 1; and Outlot A, Highland Oaks, Hennepin County, Minnesota
EXHIBIT B
DEVELOPMENT AGREEMENT – HIGHLAND OAKS
Exhibit B Title Sheet dated 9/5/19 by Sathre Berquist, Inc.
Street Plan dated 9/5/19 by Sathre Berquist, Inc. Final Sewer and Waterman Plan (page 3 of 9) dated 9/5/19 by Sathre Berquist, Inc. Final Sewer and Waterman Plan (page 4 of 9) dated 9/5/19 by Sathre Berquist, Inc. Final Storm Sewer Plan dated 9/5/19 by Sathre Berquist, Inc.
Final Grading Plan dated 9/19/19 by Sathre Berquist, Inc.
Erosion Control Plan dated 9/5/19 by Sathre Berquist, Inc. City Details (page 8 of 9) dated 9/5/19 by Sathre Berquist, Inc. City Details dated (page 9 of 9) 9/5/19 by Sathre Berquist, Inc. Tree Survey dated 9/19/19 by Sathre Berquist, Inc.
Tree Replacement Plan dated 10/1/19 by Minnesota Green, Inc.
Highland Oaks – Development Narrative dated July 26, 2019 by Wooddale Builders
EXHIBIT C
DEVELOPMENT AGREEMENT – HIGHLAND OAKS
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing existing and proposed
contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property
deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose
the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property
and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the
City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not limited
to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorney’s fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable
City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’
street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits
or rescind or revoke any approvals granted by the City. No remedy conferred in this
agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice
to Comcast of the development contemplated by this Development Agreement. Notice
shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or
CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State
surcharge, metro system access charge (SAC), City SAC and City water access charge
(WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan
(1" = 200 scale) showing proposed building location and all proposed streets, with
approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall
be levied upon or collected from the general credit, general fund or taxing powers of the
City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading
“Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record
the Development Agreement at the County Registrar of Titles Office. The final plat shall
not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the
“Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it
shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The
Developer acknowledges that the City does not assume any obligations or duties of the
Developer with respect to any such contract agreements unless the City shall agree in
writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If
the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a
claim is made against the Security, the proceeds shall be used to cure the default(s) and to
reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by
the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto.
XXIII. Except as specifically authorized by the Director of Public Works, no permit (other than
an early grading permit as approved by the City Council, and subject to review and approval of the grading plans by the City Engineer ) shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Registrar of Titles' Office.
XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction
with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City.
EXHIBIT D
DEVELOPMENT AGREEMENT – HIGHLAND OAKS
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 2019, between the City of Eden Prairie, a municipal corporation, (the "City") and Highland Oaks LLC (the "Owner").
A. The Owner holds legal and equitable title to property described as
, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's
trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage
facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against the Property in the amount
of $53,277.29 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied.
3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to
be constructed exceeds the amount of the assessment to be levied against the Property. The Owners
waive all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments.
5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by
Paragraph 1 hereof the City may upon request of the owners of the property affected, without the
necessity of further City Council approval, unilaterally prepare and provide to the owner for recording
a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of $53,277.29 until such time as the assessments referred to above are levied.
OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Ronald A. Case
Its Mayor
By: NOT TO BE SIGNED Rick Getschow, Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of __________, 2019, by Ronald A. Case, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of September, 2019,
by Steven H. Schwieters, the Chief Manager of Highland Oaks LLC, a Minnesota limited liability
company, Owner. Notary Public
THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT E
DEVELOPMENT AGREEMENT – HIGHLAND OAKS CONSERVATION EASEMENT
THIS EASEMENT AGREEMENT is made this day of , 20___ by and
between ______________________, a Minnesota Company, hereinafter referred to as "Grantor,"
and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except:
WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and
to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area”, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the “Easement Area”, and City hereby accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The
City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area.
B. No building, road, sign, billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City.
C. No trash, waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City. D. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal
or placement of soil, shall be allowed within the Easement Area without the
prior written consent of the City. E. Grantor may, no more than once per calendar year, remove sediment caused by stormwater drainage into a stormwater wetland and/or stormwater pond.
Any removal of sediment must be pre-approved in writing by the City and
be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed of,
placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01,
et. seq. (such substances, wastes, pollutants, and contaminants
hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the
Easement Area, any Hazardous Substances;
D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances;
Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or
warranty herein.
4. Grantor agrees to permanently demarcate the location of the boundaries of the wetland and wetland buffer strip as shown on Exhibit C. The monuments shall be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6
inches long (2.25” x 6.5’). The sign shall be a minimum of 4 inches by 8 inches
(4” x 8”) that shall be mounted flush with the top of the post and shall include the
statements “Conservation Easement: No Mowing Allowed” and “Wetlands and
buffers filter pollutants, reduce flooding and provide habitat” with the City and Watershed District logos. The post shall be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the monuments is not allowed.
5. Grantor agrees to maintain the Easement Area subject to the provisions stated
herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns.
7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the
Property and the Grantor, their successors and assigns of the Property.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
____NOT TO BE SIGNED _ By NOT TO BE SIGNED
Ronald A. Case
Its Mayor
_____NOT TO BE SIGNED __ By NOT TO BE SIGNED Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________,
20__, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 20___, by , the a Minnesota ____________________, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
Development Agreement – Highland Oaks 27
EXHIBIT A
“THE PROPERTY”
Legal Description Before Final Plat Parcel 1:
That part of the East ½ of the Northeast Quarter of Section 10, Township 116, Range 22, described as follows: Commencing at appoint in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and
Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 162.05 feet to the actual point of beginning of the tract of land to be described: thence continuing Southerly on an extension of said curved line a distance of 52.25 feet to a point 1860.1 feet North of the South line of the NE Quarter of said Section 10, and 699 feet West of the East line of said NE Quarter measured on a line parallel with the South line of said NE Quarter of Section 10; thence West parallel with said South line 595.8 feet, more or less to the West line of the East ½ of the NE Quarter of said Section; thence North along said West line to the Northwest corner of said East ½ of the NE Quarter; thence East along the North line of said tract to its intersection with a line bearing North 18 degrees 8 minutes West from the actual point of beginning; thence
South 18 degrees 8 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1336259. Parcel 2:
That part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 116, Range 22 described as follows: Commencing at a point in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 140.95 feet to the point of beginning of the tract of land to be described; thence continuing Southerly on an extension of said curved line a distance of 21.1 feet; thence North 18 degrees 08 minutes West to a point
in the North line of said Section; thence East along said North line to its intersection with a line bearing North 18 degrees 08 minutes West from the actual point of beginning; thence South 18 degrees 08 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No 1306293. Parcel 3: Outlot A, Topview Acres 5th Addition, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1306294.
Legal Description After Final Plat Lots 1-17, Block 1; Highland Oaks, Hennepin County, Minnesota
Development Agreement – Highland Oaks 28
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage dated the 18th day of September, 2019. recorded in the office of the Registrar of Titles in and for the County of Hennepin, State of
Minnesota, on the __ day of September, 2019, as Document No. ________ covering the property
described on Exhibit A hereto, for valuable consideration, does hereby consent to and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated September __, 2019 by and between Highland Oaks LLC, Minnesota limited liability company, and the City of Eden Prairie, a Minnesota municipal
corporation.
Minnesota Bank & Trust By:
Daniel J. Roberts
Its: Senior Vice President
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN )
On the ______ day of September, 2019, before me personally came Daniel J. Roberts, to
me known, who being duly sworn by me stated that he/she is the Senior Vice President of the said Minnesota Bank & Trust, a Minnesota banking corporation, and that he is duly authorized to execute the foregoing instrument.
______________________________ Notary Public
Development Agreement – Highland Oaks 29
EXHIBIT A
Legal Description Before Final Plat
Parcel 1: That part of the East ½ of the Northeast Quarter of Section 10, Township 116, Range 22, described as follows: Commencing at appoint in the East line of said Section 10, distant 841.63 feet South of the
Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 162.05 feet to the actual point of beginning of the tract of land to be described: thence continuing Southerly on an extension of said curved line a distance of 52.25 feet to a point 1860.1 feet North of the South line of the NE Quarter of said Section 10, and 699 feet West of the East line of said NE Quarter measured on a line parallel with the South line of said NE Quarter of Section 10; thence West parallel with said South line 595.8 feet, more or less to the West line of the East ½ of the NE Quarter of said Section; thence North along said West line to the Northwest corner of said East ½ of the NE Quarter; thence East along the North line of said tract to its intersection with a line bearing North 18 degrees 8 minutes West from the actual point of beginning; thence South 18 degrees 8 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1336259.
Parcel 2: That part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 116, Range 22 described as follows: Commencing at a point in the East line of said Section 10, distant 841.63 feet South
of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 140.95 feet to the point of beginning of the tract of land to be described; thence continuing Southerly on an
extension of said curved line a distance of 21.1 feet; thence North 18 degrees 08 minutes West to a point in the North line of said Section; thence East along said North line to its intersection with a line bearing North 18 degrees 08 minutes West from the actual point of beginning; thence South 18 degrees 08 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No 1306293. Parcel 3: Outlot A, Topview Acres 5th Addition, Hennepin County, Minnesota. Torrens Property
Torrens Certificate No. 1306294. Legal Description After Final Plat Lots 1-17, Block 1; and Outlot A, Highland Oaks, Hennepin County, Minnesota
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
October 15, 2019
DEPARTMENT / DIVISION:
Rick Getschow
City Manager, Administration
ITEM DESCRIPTION:
Approve an agreement for services with the
I494 Corridor Commission
ITEM NO.:
VIII.C.
Requested Action Move to: Approve an agreement for services with the I494 Corridor Commission
Synopsis The City’s has completed the accounting and finance duties for the I494 Corridor Commission this past year. The original contract was for a one year period. This contract will extend the
agreement indefinitely. Each party can cancel the agreement with a six month notice. The Commission will pay the City $6,000 annually for the service with a three percent annual increase. Attachment Agreement for Services
Agreement for Services
This Agreement (“Agreement”) is made on the _________ day of___________, 2019, between I-494 Corridor Commission whose business address is 7101 York Avenue South, Suite 156, Edina, MN 55435 (hereinafter “Commission” ) and the City of Eden Prairie, Minnesota, whose
business address is 8080 Mitchell Road, Eden Prairie, MN 55344, (hereinafter "City")
The Commission and City agree as follows:
1. Scope of Work. The City agrees to provide the services shown in Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service for the work of the City.
2. Term. The term of this Agreement begins January 1, 2020 and continues until either
party terminates the agreement. 3. Compensation for Services. The Commission shall compensate the City $6,000 for 2020 and include an annual increase of 3% for each year thereafter. The amount is due
on July 1 each year.
4. Commission Information. The Commission agrees to provide the City with the complete information concerning the Scope of the Work and to perform the following services:
a. The Commission shall provide all information requested by the City in a reasonable period of time that allows the City adequate time to timely provide the services identified in Exhibit A.
b. All information provided by the Commission to the City shall be accurate and correct.
c. Consideration of the City's Work. The Commission shall give thorough consideration to all information and shall inform the City of all decisions required of Commission within a reasonable time so as not to delay the work of the City.
d. Commission's Representative. The City shall report to the Commission’s Finance Committee and Board. The City will work with the Executive Director and other staff as needed to complete the scope of work.
5. Default and Termination. Either party may terminate this agreement with a six month written notice. 6. Indemnification. Commission agrees to defend, indemnify, and hold harmless City against any and all claims, liability, loss, damage, or expense arising under the provisions
Page 2 of 7
of this Agreement and caused by or resulting from negligent acts or omissions of Commission and/or those of Commission employees or agents. City agrees to defend, indemnify, and hold harmless Commission against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of City and/or those of City employees or agents Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 7. Insurance. Each party shall maintain the following insurance:
a. Commercial General Liability. A Commercial General liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Each party shall provide the other party upon request with a Certificate of Insurance verifying insurance coverage.
b. Worker's Compensation. Such insurance as will protect each party from claims under
the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise under this Agreement. c. Comprehensive Automobile Liability. Comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all
owned, hired and non-owed vehicles.)
8. Ownership of Documents. All information and reports generated in connection with the performance of the Agreement (“Information”) shall become the property of the Commission, but City may retain copies of such documents as records of the services
provided. The Commission may use the Information for its purposes and the City also may use the Information for its purposes. GENERAL TERMS AND CONDITIONS 9. Conflicts. No officer, official or employee of the either party shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
10. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 11. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the Commission’s public purpose mission and shall be construed,
interpreted, and applied pursuant to and in conformance with the Commission's public purpose mission. The entire agreement of the parties is contained herein. This
Page 3 of 7
Agreement supersedes all oral agreements and negotiations between the parties relating
to the subject matter hereof as well as any previous agreements presently in effect
between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
12. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota. 13. Non-Discrimination. During the performance of this Agreement, neither party shall discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. 14. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
15. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
16. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
17. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the both parties relevant to this Agreement are subject to examination by the Commission, granting agencies, and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Commission or City in performing
Page 4 of 7
during performance of this Agreement is subject to the requirements of the Data Practice
Act and both Commission and City shall comply with those requirements as if it were a
government entity. All subcontracts entered into by City in relation to this Agreement shall contain similar Data Practices Act compliance language. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
Page 5 of 7
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor
______________________________ _____ City Manager
I-494 COMMISSION
_______________________________________ By: ____________________________________ Its: ____________________________________
Page 6 of 7
Exhibit A – Scope of Work
The scope of work for the City includes the following:
• Attend quarterly finance committee meetings and monthly board meetings, prepare financial
reports and information requested by the board
• Meet as needed with Commission staff and other parties, for example grant agencies.
• Work with payroll processor to ensure employees are paid on time.
• Use City’s financial system to process and keep the Commission’s financial activity
• Prepare grant reports including:
o Support information and worksheets to support grant reporting
o Submit required grant reports and documentation to agencies, copy the executive
director on all submissions
o City staff will work with Met Council and other grant agencies as needed
o I494 Commission staff would provide narrative needed on program accomplishments
• The City will hold the Commissions funds.
• Prepare dues invoices and any other needed invoices
• Process receipts, disbursements, W-9’s, and 1099’s.
• Prepare monthly balance sheet and income statement
• Assist with and prepare annual budget
The scope of work for the I494 Corridor Commission Board includes the following:
• Provide direction to City on financial reporting and budgeting
• Establish Finance Committee to meet quarterly to review transition of accounting work to City
and address any needed changes
The scope of work for the I494 Corridor Commission Executive Director and staff includes the following:
• Provide information and take actions as needed to ensure the City can complete its scope of
work. Communicate in a timely manner.
• Participate in process changes to improve efficiency
• Provide narrative on program accomplishments as needed within two business days of the
report due date or earlier if possible.
• Assist with and code invoices timely;
• Meet as needed with City and other parties, for example grant agencies
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
October 15, 2019
DEPARTMENT / DIVISION
Greg Weber, Police Chief
Police
ITEM DESCRIPTION
Master Joint Powers Agreement with Minnesota Internet Crimes Against
Children Task Force (MICAC)
ITEM NO.
VIII.D.
Requested Action Move to: Adopt the resolution approving the joint powers agreement which will establish a relationship between the City of Eden Prairie and the Minnesota Internet Crimes Against Children Task Force (MICAC)
Synopsis
The MICAC Task Force is funded through the Department of Justice and is one of the sixty task forces in the United States that work to provide timely and integrated responses to internet-related issues that might involve the exploitation of children. The program has six objectives:
1. Identify and rescue children being exploited by sexual predators 2. Reactive investigations regarding technology-based exploitation of children 3. Proactive investigative efforts to identify child sexual predators 4. Public outreach and education regarding the safe use of technology by our children
5. The analysis of computer-related evidence 6. Building capacity through partnerships with other law enforcement agencies, prosecuting attorney, probation, educators, faith bases, etc. Once the enclosed resolution is signed by the Eden Prairie governing body, the document will allow
Chief of Police to sign all future Joint Powers Agreements with the MICAC Task Force. Attachments JPA
ICAC Operational Investigative Standards Resolution
SWIFT Contract Number: 153440 ORI: MN0272600
1
152440 2024 ICAC JPA Eden Prairie PD
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE
This Joint Powers Agreement (“Agreement”) is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension (“BCA”), and the “City of Eden Prairie on behalf of its Police Department, 8080 Mitchell Road, Eden Prairie, MN 55344” (“Governmental Unit”).
Recitals Under Minnesota Statutes, § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. The parties wish to work together to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in these activities. The Governmental Unit wants to participate in the Minnesota Internet Crimes Against Children (ICAC) Task Force and be provided reimbursement of the following: equipment, training, and expenses (including travel and overtime) as are incurred by law enforcement as a result of ongoing investigations.
Agreement
1. Term of Agreement
1.1 Effective Date. This Agreement is effective on the date BCA obtains all required signatures pursuant to Minnesota Statutes, § 16C.05, subdivision 2.
1.2 Expiration Date. This Agreement expires five years from the date it is effective unless terminated earlier pursuant to clause 12.
2. Purpose The Governmental Unit and BCA enter into this Agreement to implement a three-pronged approach of prevention, education and enforcement to combat internet crimes against children. This Agreement provides the mechanism to reimburse the Governmental Unit for equipment, training and expenses (including travel and overtime), which are incurred by law enforcement as a result of these investigations.
3. Standards The Governmental Unit will adhere to the ICAC Program standards identified below.
3.1 Investigate activities related to internet crimes and the exploitation of children through the use of computers.
3.2 Investigate organizations to disrupt and dismantle crimes committed against children.
3.3 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and civil and criminal forfeitures. Investigators will follow proper legal procedures in securing evidence, including electronic devices.
3.4 Investigators will understand and use appropriate legal procedures in the use of informants including documentation of identity, monitoring of activities, and use and recordation of payments.
SWIFT Contract Number: 153440 ORI: MN0272600
2
152440 2024 ICAC JPA Eden Prairie PD
3.5 Investigators will use, as appropriate, the most current investigative technologies and techniques.
3.6 Investigators must be licensed Minnesota peace officers.
3.7 Investigators will comply with the guidelines of the Department of Justice Internet Crimes Against Children
Program Operational and Investigative Standards.
4. Responsibilities of the Governmental Unit and the BCA
4.1 The Governmental Unit will:
4.1.1 Assign a Governmental Unit point of contact to act as the liaison between it and the BCA ICAC Project Commander to assist in reimbursement deadlines.
4.1.2 Submit an ICAC reimbursement request for pre-approval of funds. This request shall include a description of the item requested for reimbursement and an explanation of how it qualifies under the required criteria in Clauses 3.1 and 3.2 and an operational plan.
4.1.3 Conduct investigations in accordance with provisions of the ICAC Operational and Investigative
Standards, identified in Clause 3.7 above, and conclude the investigations in a timely manner.
4.1.4 Allow BCA to inform participating agencies of potential case connections based on data submitted to BCA through the ICAC Program.
4.1.5 Not comingle ICAC funds with any other existing federal or state grant funded overtime or additional local Governmental Unit funding.
4.2 The BCA will:
4.2.1 Provide a Senior Special Agent who will serve as the Commander of the Task Force.
4.2.2 Review and approve or decline reimbursement requests under clause 4.1.2 within seven (7) business days of the reimbursement request.
4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed
by a Governmental Unit acting through its employees.
5. Payment
5.1 To receive reimbursement for an expense, Governmental Unit must make a request for reimbursement to the BCA Authorized Representative under the required criteria for operational and investigative standards.
5.2 To receive approved reimbursement, Governmental Unit must submit an expense form no later than 15
business days after the end of the month during which the expense is incurred.
5.3 The BCA will pay the Governmental Unit within thirty (30) calendar days of the submission of the expense form.
5.4 In the event Governmental Unit breaches this Agreement, it will not be eligible to receive reimbursement for any expenses.
6. Authorized Representatives The BCA’s Authorized Representative is the following person or his successor: Name: Donald Cheung, Senior Special Agent/Commander of MN ICAC Address: Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Street East Saint Paul, MN 55106 Telephone: 651.793.7000 E-mail Address: donald.cheung@state.mn.us
The Governmental Unit’s Authorized Representative is the following person or his/her successor:
Name Mark Gustad Address: Eden Prairie Police Department 8080 Mitchell Road Eden Prairie MN, 55344 Telephone: 952-949-8300 E-mail Address: mgustad@edenprairie.org
SWIFT Contract Number: 153440 ORI: MN0272600
3
152440 2024 ICAC JPA Eden Prairie PD
If the Governmental Unit’s Authorized Representative changes at any time during this Agreement, the Governmental Unit must immediately notify the BCA.
7. Assignment, Amendments, Waiver, and Agreement Complete
7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this
Agreement.
7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original Agreement, or their successors in office.
7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it.
7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
8. Liability The BCA and the Governmental Unit agree each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The BCA’s liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes, § 3.736, and other applicable law. The Governmental Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes, §§ 466.01-466.15, and other applicable law.
9. Audits
Under Minnesota Statutes, § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA and/or the State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement.
10. Government Data Practices
The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released.
11. Venue The venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
12. Expiration and Termination
12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination.
12.2 In the event that federal funding is no longer available, the BCA will email the Governmental Unit’s Authorized Representative and terminate the Agreement. The termination will be effective two (2) business days after email notification to the Governmental Unit; and the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination.
SWIFT Contract Number: 153440 ORI: MN0272600
4
152440 2024 ICAC JPA Eden Prairie PD
13. Continuing Obligations
The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government Data Practices; and 11, Venue. The parties indicate their agreement and authority to execute this Agreement by signing below.
GOVERNMENTAL UNIT Governmental Unit certifies that the appropriate person(s) has(have) executed this Agreement on behalf of the Governmental Unit and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances.
By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date
DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION By and Title: _____________________________________________________ ______________ (with delegated authority) Date
COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement By: _____________________________________________________________ ______________ Date
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-__
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF EDEN PRAIRIE ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (MICAC)
WHEREAS, the City of Eden Prairie on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute crimes committed against children and the criminal exploitation on children that is committed
and/or facilitated by or through the use of computers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eden Prairie on behalf of its Police Department, are hereby approved. A Copy of the Joint Powers Agreement is attached to this Resolution and made a part of it.
2. That the Police Chief, Greg Weber or his successor, is designated the Authorized
Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State.
3. That Ron Case, the Mayor for the City of Eden Prairie, and Rick Getschow, the City Manager
are authorized to sign the State of Minnesota Joint Powers Agreements. ADOPTED by the Eden Prairie City Council on October 15, 2019.
_______________________ Ronald A. Case, Mayor
ATTEST:
________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
October 15, 2019
DEPARTMENT / DIVISION: Chief Greg Weber Police Department
ITEM DESCRIPTION:
Adopt a Resolution denying a Massage Therapist License
ITEM NO.:
VIII.E.
Requested Action Adopt Resolution of Findings of Fact, Conclusions of Law and the Order denying a Massage Therapist License to Jennifer Nguyen. Synopsis
The City received an application for an individual Massage Therapist License from Jennifer Nguyen. Background Information Eden Prairie City Code Section 5.46 regulates individual Massage Therapists. Each applicant is required
to have a background check completed by the Eden Prairie Police Department. The background investigation identified information which would disqualify Jennifer Nguyen from receiving an individual Massage Therapist License pursuant to City of Eden Prairie ordinance requirements.
A Resolution adopting Findings, Conclusions and Orders and denying the issuance of the license is attached and will be made part of the official record, which supports a basis for denying the application. The applicant was notified by mail that the application would be considered at tonight’s meeting.
Staff recommends denial of this application. Attachment Resolution with Exhibit A Findings, Conclusions, and Orders
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-___
RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS OF LAW AND
ORDER DENYING MASSAGE THERAPIST LICENSE TO
JENNIFER NGUYEN
WHEREAS, the City Council has been presented with proposed Findings of Fact, Conclusions of
Law, and Order (attached hereto as Exhibit A) regarding an application submitted by Jennifer
Nguyen for a Therapeutic Massage License;
WHEREAS, the Findings of Fact, Conclusions of Law, and Orders, attached hereto as Exhibit A,
support a recommendation for denial of the application; and
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, that the Findings of Fact, Conclusions of Law, and Orders are hereby
adopted and the Council hereby denies the issuance of a Massage Therapist License to Jennifer
Nguyen.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2019.
____________________________
Ronald A. Case, Mayor
ATTEST:
____________________________
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
MASSAGE THERAPIST LICENSE APPLICATION FOR
JENNIFER THUY NGUYEN
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
FINDINGS OF FACT
1. Eden Prairie City Code (“City Code”) Section 5.46, Subdivision 3.B requires a
Massage Therapist License (“Therapist License”) in order to practice, administer, or provide
massage services to the public for consideration within the City.
2. City Code Section 5.46, Subdivision 6.A requires that applications for Therapist
Licenses be made on forms provided by the City and that all information and questions be
answered fully and completely by the applicant.
3. City Code Section 5.46, Subdivision 5.B.1 provides that no Therapist License shall
be issued to a person who:
f. Is not affiliated with, employed by, or does not own a
therapeutic massage enterprise licensed by the City or a
Salon licensed by the State pursuant to Minnesota State
Statute 155A.29;
g. Does not provide to the City proof of current insurance
coverage of one million dollars ($1,000,000) for personal
liability in the practice of massage;
h. Does not provide to the City proof that he or she has
completed six hundred (600) hours of certified therapeutic
massage training from a bona fide school that has been
approved by the City, or has at least two (2) years of full-
time experience working as a massage therapist at a licensed
therapeutic massage enterprise or other licensed business
approved by the City[.]
4. The City’s Therapist License Application requires the applicant to attach proof of
at least 600 hours of certified therapeutic massage training from an accredited institution approved
by the City, including an original transcript showing dates of training and name and address of the
training institute.
5. Jennifer Nguyen (“Nguyen”) applied to the City of Eden Prairie for a Massage
Therapist License.
6. The Police Department received Nguyen’s Therapist License application and
conducted an investigation to verify the information on the applications pursuant to City Code
Section 5.46, Subdivision 6.G.
7. Nguyen applied to the City of Eden Prairie for a Massage Therapist License to work
at Tigercave Massage & Foot Spa.
8. Nguyen failed to provide proof of employment at or affiliation with Tigercave
Massage & Foot Spa.
9. With her Therapist License Application, Nguyen provided a certificate of
completion from Academy of Health & Beauty, Inc. indicating that she completed “600 hours of
the training in Massage Therapy.” Nguyen failed to provide an original transcript from Academy
of Health & Beauty, Inc. showing dates of training. Nguyen also failed to prove that she has at
least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic
massage enterprise or other licensed business approved by the City.
10. From the information submitted and its investigation the police department could
not verify accrediting information for Academy of Health & Beauty, Inc. The City, however,
determined that Academy of Health & Beauty, Inc. was not a school but instead a licensed
massage establishment in Florida.
11. Nguyen failed to provide a Certificate of Insurance showing coverage for
professional liability in practice of massage.
12. The Chief of Police recommends denial of the Massage Therapist License to
Jennifer Nguyen due to: (a) Nguyen’s lack of affiliation with, employment by, or ownership of a
therapeutic massage enterprise licensed by the City or a salon licensed by the state; (b) Nguyen’s
failure to provide proof that she has completed 600 hours of certified therapeutic massage training
from a bona fide school that has been approved by the City or proof that she has at least two (2)
years of full-time experience working as a massage therapist at a licensed therapeutic massage
enterprise or other licensed business approved by the City; and (c) Nguyen’s lack of current
insurance coverage of one million dollars ($1,000,000) for personal liability in the practice of
massage.
CONCLUSIONS OF LAW
1. City Code Section 5.46, Subdivision 5.B.1.f prohibits issuance of a Therapist
License to Nguyen because she is not affiliated with, employed by, or does not own a therapeutic
massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State
Statute 155A.29.
2. City Code Section 5.46, Subdivision 5.B.1.g prohibits issuance of a Therapist
License to Nguyen because she does not provide to the City proof of current insurance coverage
of one million dollars ($1,000,000) for personal liability in the practice of massage.
3. City Code Section 5.46, Subdivision 6.B.1.h prohibits issuance of a Therapist
License to Nguyen because she has failed to provide proof that she has completed six hundred
(600) hours of certified therapeutic massage training from a bona fide school that has been
approved by the City, or has at least two (2) years of full-time experience working as a massage
therapist at a licensed therapeutic massage enterprise or other licensed business approved by the
City.
ORDER
Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby
orders that:
1. The application for a Massage Therapist License filed by Jennifer Nguyen is hereby
denied.
ADOPTED BY THE CITY COUNCIL this 15th day of October, 2019.
_______________________________ Ronald A. Case, Mayor
ATTEST:
____________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
October 15, 2019
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #16-5940
Approve Change Order No. 2 for the Preserve Boulevard Reconstruction Project
ITEM NO.:
VIII.F.
Requested Action Move to: Approve Change Order No. 2 for the Preserve Boulevard Reconstruction project in the amount of $23,973.40.
Synopsis Change Order 2 consists of additional costs as a result of unknown soils conditions discovered during construction. A portion of the road planned to be excavated was contaminated with
petroleum requiring it to be tested and hauled to a special landfill. Staff recommends approval of
the changes. Background Information
Construction on the project began in April 2019 and the project approximately 60% completed
and is on schedule to be substantially completed in late November 2019. More detail and background is included with the attached change order form.
Financial Implications With this change order, the total contract amount increases from $6,683,823.83 to $6,707,800.23. Funding sources for this project include Municipal State Aid, City Capital Utility and Pavement Management Funds.
Attachment Change Order No. 2
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
October 15, 2019
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #17-5994
Approve Change Order No. 1 for the Singletree Lane South Streetscape Project
ITEM NO.:
VIII.G.
Requested Action Move to: Approve Change Order No. 1 for the Singletree Lane South Streetscape project in the amount of $87,910.95.
Synopsis Change Order 1 consists of additional costs as a result of unknown conditions discovered during construction including additional driveway removal and replacement, irrigation repairs – project
wide and changes to landscape restoration items. Staff recommends approval of the changes.
Background Information Construction on the project began in April 2019 and the project is substantially complete.
More detail and background is included with the attached change order form. Financial Implications With this change order, the total contract amount increases from $703,663.00 to $791,573.95.
Funding sources for this project include the Capital Maintenance and Reinvestment Fund, the Economic Development Fund and the Walmart escrow. Attachment Change Order No. 1
Singletree Lane ‐ Summary of Change OrderNo.DescriptionQty. Unit Unit Price ADD or (DEDUCT)1ADD: draintile extension from behind cast stone wall to manhole at street, including MH connection1 LS $ 850.00 $ 850.00 2 ADD: custom vertical concrete curb at median crossing 10 LF $ 25.00 $ 250.00 3ADD: custom vertical concrete curb at existing retaining wall near bowling alley43 LF $ 18.00 $ 774.00 4ADD: concrete driveway removal and replacement for ped ramp adjustments - H.E. concrete372 SF $ 17.50 $ 6,510.00 5 ADD: Conduit beneath sidewalks east of Walmart entrance 1 LS $ 40.00 $ 40.00 6 ADD: Bituminous driveway removal and replacement 118 SY $ 72.00 $ 8,496.00 7 ADD: furnish and install additional skate stoppers for Cast Stone Wall 2 EA $ 25.00 $ 50.00 8ADD: furnish and install additional skate stoppers for Large Block Ret. Wall32 EA $ 25.00 $ 800.00 9 ADD: Irrigation system 1 LS $ 57,692.95 $ 57,692.95 10 ADD: Additional Work and remobilization related to Xcel utility delays 1 LS $ 10,160.00 $ 10,160.00 11 ADD: No mow fescue with erosion control blanket1 LS $ 2,288.00 $ 2,288.00 NET CHANGE ORDER TOTAL:$87,910.95
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
October 15, 2019
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: #19808
Approve Change Order No. 1 for the 2019 Mill and Overlay Project
ITEM NO.:
VIII.H.
Requested Action Move to: Approve Change Order No. 1 for the 2019 Mill and Overlay project in the amount of $75,469.69.
Synopsis Change Order 1 consists of additional costs as a result of unanticipated poor subgrade conditions on two streets within the mill and overlay project area. Staff recommends approval of the
additional costs.
Background Information The project started in June 2019, all work was completed as of September 27.
Change Order 1 is for the materials needed to provide the necessary subgrade corrections in order to provide a stable subgrade to place the bituminous mat on. More detail is included with the attached change order form.
Financial Implications With this change order, the total contract amount increases from $2,039,055.00 to $2,114,524.69. Funding sources for this project include the Operating and Maintenance budget for mill and overlays and Pavement Management Funds.
Attachment Change Order No. 1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
October 15, 2019
DEPARTMENT/DIVISION:
Leslie Stovring Public Works/Engineering
ITEM DESCRIPTION: IC# 19802
Approve a Cooperative Agreement between the City of Eden Prairie, Hamline University, Nine Mile Creek Watershed District, and Riley-
Purgatory-Bluff Creek Watershed District for the Adopt A Drain Program
IEM NO.:
VIII.I.
Requested Action Move to: Approve a Cooperative Agreement between the City of Eden Prairie, Hamline University, Nine Mile Creek Watershed District, and Riley-Purgatory-Bluff Creek Watershed
District for the Adopt A Drain Program
Synopsis Hamline University developed a program for residents to adopt storm drains to engage the public
in a volunteer activity where they can take tangible and meaningful action toward protecting and
improving the water quality in their neighborhoods. This agreement will provide enhanced signage and educational materials for the program as well as outline responsibilities for each party. Costs will be paid from the stormwater utility. Background Information The Adopt a Drain Program started as a pilot study between Hamline University and the City of St. Paul. The program was such a success that NMCWD approached Eden Prairie to become partners in the program. To participate, the City joined Watershed Partners, a group of water
resource professionals that is coordinated through Hamline University’s Center for Global
Environmental Education (CGEE). Volunteers agree to adopt a single or multiple storm drains in their neighborhood and work approximately 15 minutes, twice a month to clear stormwater drains of leaves, trash and other debris. The work will reduce water pollution that could be carried to the water body that is downstream from that drain. This action goes beyond “raising awareness” to
visible, tangible and meaningful action in protecting and improving water quality in their
neighborhood. All cleaning data is entered into a database to provide real data on how well the program is working and allows cities to track information for their stormwater permit program. This agreement will provide an enhanced program through development of customized signage
and educational materials to provide to participants as well as cross-promotion of the program to
our residents. The City has already been working with CGEE to improve the maps provided for volunteers to sign up. To date, 89 volunteers have signed up. Attachment
Agreement
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: October 15, 2019
DEPARTMENT / DIVISION:
Public Works
Paul Schlueter / Fleet Services
ITEM DESCRIPTION:
2020 Vehicle & Equipment Replacement Fund Schedule
ITEM NO.: VIII.J.
Requested Action Move to: Approve contingent upon 2020 budget approvals, the purchase of replacement vehicles and
equipment as presented in the 2020 Budget and as itemized on the attached Schedules.
Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of
equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule to determine the spending amount that is included for approval in the operating budget. Staff has finalized the details of each replacement/purchase, including testing the vehicles against our replacement policy guidelines. The final list is attached and submitted for approval. The planned Fleet Capital Internal Service Fund purchase expenditures for 2020 are $993,000.00. The planned Utilities
Enterprise Fund purchase expenditures for 2020 are $150,000.00. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of
Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized.
Attachment 2020 Replacement Vehicle and Equipment Purchase Lists
TO: Robert Ellis
FROM: Paul Schlueter
DATE: October 15, 2019 SUBJECT: 2020 Replacement Vehicle & Equipment Purchases—Fleet Capital Internal
Service Fund
Here is the list of replacement vehicles and equipment for calendar year 2020 funded through the Fleet Capital Internal Service Fund. These costs include vehicle set-up, special equipment, lighting and taxes:
Service Area Replacement Total Cost
Streets
137 ½ - Ton 4X4 Pickup with Plow $35,000
160 Freightliner 114SD Tandem Axle Dump Truck with Plow and Rear Wing Plow $264,000
175 Freightliner 108SD Single Axle Dump Truck with Plow & Rear Wing Plow $235,000
Subtotal $ 534,000
Police
226 Dodge Charger AWD $ 40,500
228 Dodge Charger AWD $ 40,500
232 Dodge Charger AWD $ 40,500
238 Dodge Charger AWD $ 40,500
268 Ford F-150 4X4 Pickup (or equivalent) $33,000
276 Unmarked Investigations Vehicle (Make & Model TBD) $34,000
Subtotal $ 229,000
Fire Dept.
349 Chevrolet Tahoe 4X4 $44,000
350 Ford AWD Utility Interceptor $35,000
Subtotal $ 79,000
Park Maintenance
411 ½ - Ton 4X4 Pickup with Plow $35,000
441 3/4 –Ton 4X4 Pickup Truck with Plow $43,000
453 3/4 –Ton 2WD Pickup Truck – Transfer Existing Service Body $30,000
454 3/4 –Ton 4X4 Pickup Truck with Plow $43,000
Subtotal $ 151,000
Service Area Replacement Total Cost
Total all purchases $ 993,000
Less salvage value $ 118,500
Total Equipment Fund $ 874,500
TO: Robert Ellis FROM: Paul Schlueter
DATE: October 15, 2019 SUBJECT: 2020 Replacement Vehicle & Equipment Purchases—Utilities Enterprise Fund (Water, Sewer, Storm)
Here is the list of replacement vehicles and equipment for calendar year 2020 funded through the Utilities Enterprise Fund. These costs include vehicle set-up, special equipment, lighting and taxes:
Service Area Replacement Total Cost
Water/Utility 722 ¾ Ton Extended Cab Pickup with Plow $43,000
723 ¾ Ton Extended Cab Pickup with Plow $43,000
746 Bobcat Skid Steer Loader with High Flow Hydraulics $64,000
Sub Total $ 150,000
Less salvage value $ 22,000
Total Equipment Fund $ 128,000
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: October 15, 2019
DEPARTMENT / DIVISION:
Public Works Fleet Services / Fire Department
ITEM DESCRIPTION:
Surplus Vehicles & Equipment
ITEM NO.: VIII.K.
Requested Action Move to: Declare the attached list of property as “surplus property” and available for sale or disposal
through authorized methods.
Synopsis Fleet Services provides retirement of surplus property (equipment/vehicles). The sale of used vehicles and
equipment helps fund the purchase of new vehicles and equipment. The equipment and vehicles are auctioned in accordance with City Code 2.86 Subdivision. 3. Disposal of excess property. Fire Deparment surplus equipment will be disposed of through authorized methods.
Background Information The City of Eden Prairie has agreements in place with Fahey Sales, the State of Minnesota, Department of Administration Surplus Services and other on-line auction services to participate in their regularly scheduled vehicle and equipment auctions. Occasionally depending on the vehicle or equipment, a minimum auction
reserve amount is set and if not met, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city’s Purchasing Policy and City code. The Fire Department works with the State Fire Marshall’s Office to coordinate the donation of equipment.
Attachments 2020 Vehicle / Equipment Auction List 2019 Fire Department Surplus Property List
TO: Robert Ellis
FROM: Paul Schlueter DATE: October 15, 2019
SUBJECT: 2020 Auction Vehicles & Equipment Fleet Services is requesting authority to dispose of vehicles and equipment as noted below. All vehicles and equipment listed will be sold via Public Auction through an approved auction
service that meets the requirements of our Purchasing Policy and City code. Certain vehicles or
equipment will have minimum auction reserves set and in the event the equipment does not sell at auction, other avenues such as equipment trade-ins will be utilized to obtain the maximum sale value. Vehicles & Equipment:
Unit Year Unit Serial Number Vehicle / Equipment Make
Vehicle / Equipment Model
Estimated Auction Sale Amount
137 2006 1FTRF12236NB22311 Ford F150 $3,500
160 2007 1M2AG11C97M068732 Mack CV713 $28,000
175 2005 2FZAAWDC05AU09249 Sterling L8511 $20,000
226 2015 2C3CDXKT5FH841662 Dodge Charger $6,000
228 2015 2C3CDXKT7FH841663 Dodge Charger $6,000
232 2016 2C3CDXKT9GH242894 Dodge Charger $6,000
238 2016 2C3CDXKT2GH206562 Dodge Charger $6,000
268 2016 1C6RR7FG7GS128980 Ram 1500 Quad Cab
$7,000
276 2011 1FAHP2DW9BG180832 Ford Taurus $3,500
349 2012 1GNSK2E0XCR309165 Chevrolet Tahoe 4X4 $9,000
350 2010 1FMCU9D71AKC78601 Ford Escape $4,000
411 2011 1FMCU9C70BKC65020 Ford Escape $4,500
441 2011 1GT02ZC82BF217131 GMC 2500HD $8,000
453 2006 1FTRF12256NB22312 Ford F150 $3,500
454 2006 1FTRF12276NB22313 Ford F150 $3,500
722 2008 1GCHK29K08E214191 Chevrolet 2500HD $5,000
723 2009 1GCHK49699E108144 Chevrolet 2500HD $5,000
746 2006 530912218 Bobcat S250 $12,000
Total $140,500
Fire Department Surplus Property
2019
Item #Description of Property
1 79 sets of obsolete turn out gear
2 2 no longer functioning portable generators
3 3 axes
4 1 hook - 3ft.
5 6 worn red tarps
6 3 worn yellow tarps
7 4 no longer functioning portable scene lights
8 8 sets of rubber boots
9 4 helmets
10 18 spanner wrenches
11 4 rope bags
12 4 misc. bags
13 4 200 ft. rope bags
14 8,000 feet of 2 1/2 inch hose
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
October 15, 2019
DEPARTMENT/DIVISION: Patrick Sejkora
Engineering / Water Resources
ITEM DESCRIPTION: Encroachment Agreement for 10528 Parker Drive
ITEM NO.:
VIII.L.
Requested Action
Move to: Approve encroachment agreement for 10528 Parker Drive
Synopsis The Allison L. Skanse Revocable Trust owns the property at 10528 Parker Drive, part of which is encumbered by a conservation easement benefitting the City. Additionally, the City owns the
property to the north of 10528 Parker Drive. This encroachment agreement will allow the Allison L. Skanse Revocable Trust to restore native vegetation and mitigate erosion within the conservation easement. The Agreement will also allow the Trust to install and maintain a drainage system that encroaches onto the conservation easement and onto City property.
Attachment
Encroachment Agreement
ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC
PROPERTY
This Encroachment Agreement for Private Use of Public Property (hereinafter “Agreement”) is made this _______________ day of _____________, 2019, between the CITY OF EDEN PRAIRIE,
Minnesota, a municipal corporation (hereinafter the “City”), and Richard D. Skanse and Allison L.
Skanse, trustees of the Allison L. Skanse Revocable Trust Agreement dated April 28, 2005 and its successors and assigns (hereinafter the “Owner”).
RECITALS:
A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota
(hereinafter the “Owner’s Property”), legally described as Lot 17, Block 2, Bell Oaks First Addition,
Hennepin County, Minnesota
B. Owner’s Property abuts a piece of property owned by the City that is adjacent to Purgatory Creek that is legally described as Outlot E, Bell Oaks First Addition, Hennepin County, Minnesota (hereinafter “City Outlot”).
C. Owner’s Property and City Outlot are depicted on Exhibit A attached hereto (hereinafter the
“Map”).
D. Owner’s Property is encumbered by that certain Scenic Easement dated August 22, 1989, filed with the Hennepin County Recorder’s Office on December 7, 1989 as Document No. 5603600 (hereinafter the “Scenic Easement”). The City Outlot and the Scenic Easement are collectively referred
to as the “City Property/Easement”.
E. Prior to the date hereof, Owner installed certain improvements to the north of the home on the Owner’s Property (the “Existing Improvements”), a portion of which encroach into the Scenic Easement.
F. Owner desires to construct erosion control improvements which include stormwater discharge
with riprap, corrugated wall, PVC apron, hand placed class III rip rap, compacted clay berm, manhole
structure, catch basin with PVC pipes for the outlet within the City Property/Easement (the “Improvements”) as identified in the Grading, Drainage and Erosion Control Plan (hereinafter the “Plans”) attached hereto as Exhibit B.
G. City is willing to permit the Improvements as depicted on the Plans and the Existing
Improvements to remain in place, subject to the terms and conditions of this Agreement.
In consideration of the foregoing and the mutual covenants herein, the parties agree as follows:
1. INCORPORATION OF RECITALS. The recitals set forth above are incorporated herein.
2. CITY PROPERTY/EASEMENT. The Owner and City acknowledge that the
Improvements encroach on the City Property/Easement and City consents to such encroachment
subject to the terms and conditions of this Agreement.
3. IMPROVEMENTS. City grants Owner the right to and Owner hereby assumes the responsibility to maintain, repair, replace and re-construct the Improvements, including but not limited to; the pavement, curb and gutter, striping, signing, snow and ice removal, decorative paving, landscaping and
signage, all in accordance with all applicable laws and regulations (hereinafter collectively referred to as “Maintenance”) in the location identified on the Plans in the locations and subject to the terms set forth below in paragraph 4. The City retains the right to operate and manage the City Property/Easement. The Owner shall obtain the City’s written approval prior to performing any
Maintenance and shall submit such information as is required by the City with respect to proposed
Maintenance. The Owner shall correct any deficiencies in the Maintenance identified by either the Owner or the City.
4. MAINTENANCE. Upon commencement of this Agreement, Owner acknowledges that upon completion of the installation of the Improvements, the City Property/Easement will be restored to
good order, condition and repair. Owner shall, at its sole expense, maintain, operate, repair, remove, and
replace all equipment and improvements for the City Property/Easement. Owner shall, at all times, keep and maintain the City Property/Easement in clean and sanitary condition, free of all free from debris and shall not commit waste or nuisance on the City Property/Easement.
5. INDEMNITY. Owner hereby agrees to indemnify, defend, and hold City and City's
officers, employees, board members, agents, representatives and invitees, and their successors and
assigns, harmless from and against all actions, causes of action, claims, costs. damages, expenses (including reasonable attorneys' fees and expert and other fees and expenses), fines, judgments, liens, penalties, obligations, and suits arising out of, relating to or resulting from Owner's installation,
relocation, use or removal of the Improvements or the City Property/Easement, or the failure to keep the
City Property/Easement in good condition and repair, except for the negligent or intentional torts of the
City. Owner's obligation under this section extends to the negligence or willful misconduct of Owner, its employees, agents, contractors, or invitees.
6. DAMAGE TO CITY PROPERTY. Owner, as a material part of the consideration to be rendered to City under this Agreement, hereby waives all claims against City for all damage or injury
to persons or property of any kind, including the Improvements, in. upon or about the City
Property/Easement from any cause arising at any time except for claims arising from the gross negligence or willful misconduct of City, its officers, board members, agents. employees, contractors,
(other than Owner)representatives and invitees of City.
7. OPERATIONS AND INTERRUPTION. City retains the right to conduct any and all operations necessary on the City Property/Easement in accordance with City's standard operational
practices. City has the sole authority to determine what operations are necessary and to the timing of such operations. City is not liable to Owner or to any of those claiming through Owner for any interruption in Owner's services to its customers caused in whole or in part by City conducting its standard operational practices on or about the City Property/Easement.
8. “AS IS." Owner acknowledges and understands that it is accepting the use of the City
Property/Easement "as is." City is not making and has not made any representation, warranty, or
guaranty as to the quantity, quality, character, or condition of the City Property/Easement or that it is in a condition or fit to be used for the intended purposes and no claim may be brought against City for any such grounds. City shall not be liable for any latent or patent defects in the City Property/Easement.
9. ACCESS BY CITY. City, or its duly authorized agents. may enter the City
Property/Easement at all reasonable times for the purpose of inspecting the City Property/Easement or
making any repairs. alterations or improvements which City, in its sole discretion, deems necessary.
10. RELOCATION. If City determines, in its sole discretion, that the Improvements must be relocated within the City Property/Easement or on other property owned or controlled by City, City shall give Owner ninety (90) days' written notice to relocate the Improvements. City may, in its
reasonable discretion, afford Owner additional time to relocate the Improvements if necessary due to
seasonal working conditions. Any such relocation shall be a modification of this Agreement and shall be memorialized in writing.
11. TERMINATION FOR DEFAULT. If Owner vacates or abandons the Improvements on the City Property/Easement or allows the City Property/Easement to be used for any other purpose or
use other than those set forth in this Agreement, or if Owner violates any other term or condition of
this Agreement, then Owner shall be in default. If such default is not cured by Owner within thirty (30) days after City provides notice of default, City may terminate this Agreement; provided, however, that if such default cannot reasonably be cured within thirty (30) days, Owner shall be afforded such longer period of time as may be reasonably necessary to cure such default with the exercise of due diligence
so long as Owner commenced such sure within such thirty (30) day period and is diligently proceeding
to cure such default. Upon such termination, Owner shall be liable for any costs and expenses, including reasonable attorney's fees, incurred by City in connection with or as a result of such default, including but not limited to removing the Improvements and restoring the City Property/Easement.
12. 12. ALTERATIONS. Except as permitted under this Agreement, Owner shall not
make or allow to be made any alterations, additions or improvements to the City Property/Easement or
any part thereof without first obtaining the written consent of City. If City consents, all alterations, additions or improvements shall be made at Owner's sole cost and expense.
13. INSURANCE. During the term of this Agreement, Owner shall at its own expense maintain, in full force personal liability insurance, which may be provided through a combination of
Owner’s homeowner’s insurance policy and an excess policy to the homeowner’s insurance policy as
follows:
Personal $1,000,000 property damage and bodily injury per occurrence Liability
$2,000,000 general aggregate
All such policies shall be issued by an insurance company or companies reasonably acceptable to City and shall name City as an additional insured. A copy of the Owner’s Certificate of Liability
Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start
of installation of the Improvements.
Further, Owner shall cause any contractor performing maintenance, repair, replacement or re-construction (hereinafter referred to as “Construction Activities”) of the Improvements to maintain the insurance as specified in Exhibit C hereto and to indemnify the Owner and City as specified in Exhibit C. A copy of the Contractor’s Certificate of Liability Insurance which evidences the compliance
with this Paragraph, must be filed with City prior to the start of installation of the Improvements.
City does not waive the limitation of liability set forth in Minnesota Statutes Chapter 466.
14. WAIVER OF CLAIMS. The Owner acknowledges the City's ownership interest in the City Property/Easement and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner's being permitted to maintain the encroachment of
the Improvements on the City Property/Easement as permitted by this Agreement, including but not
limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. The Owner acknowledges being represented by legal counsel in connection with this Agreement, and that the Owner has read and understands the terms of this
Agreement.
15. CONDITION OF PUBLIC PROPERTY. The Owner acknowledges the City has made no representations or warranties regarding the condition of the City Property/Easement or its suitability for the uses permitted by this Agreement.
16. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as creating
or establishing any vested right of the Owner to the area encroached upon, except for the rights
expressly granted by this Agreement.
17. Owner hereby agrees to the following additional conditions:
A. The Improvements shall be located as depicted in the Plans.
B. The design and location of the Improvements shall be as depicted in the Plans.
C. Owner shall secure from City all required municipal permits prior to any
construction within the City Property/Easement including a right-of-way permit.
D. The Improvement may not impede or block drainage from Owner's Property or any
adjacent properties, in excess of their designed drainage function.
E. The Improvements and all work completed in relation thereto shall be in
accordance with the City’s current standards entitled Guide Specifications and dated 2019, ordinances and other applicable laws and/or regulations.
18. LIENS. Owner on behalf of itself, its employees, agents, assigns, subcontractors, materialmen, and all other persons acting for, through or under Owner or any of them relating to the
Improvements, covenants that no laborers', mechanics', or materialmen's liens or other liens or claims of
any kind whatsoever shall be filed or maintained by Owner or any subcontractor, materialmen, or other
person or persons acting for, through or under Owner or any of them against the work and/or the City Property/Easement, for or on account of any work done or materials furnished by Owner or any of them under any agreement or any amendment or supplement thereto. Owner agrees to indemnify, defend, and hold City harmless from all such liens and claims.
19. CUMULATIVE RIGHTS. No right or remedy herein conferred upon or reserved to
City is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative in addition to every other right or remedy given herein.
20. EFFECTIVE WAIVER OR FOREBEARANCE. No waiver by City of any breach by Owner of any of its obligations, agreements or covenants hereunder shall be a waiver of any subsequent
breach or of any obligation, agreement or covenant, nor shall any forbearance by City of its rights and
remedies with respect to such or any subsequent breach constitute such a waiver. No waiver, change, modification or discharge by either party hereto of any provision in this Agreement shall be deemed to have been made or shall be effective unless expressed in writing.
21. COMPLIANCE WITH LAWS. Owner shall obtain all permits and approvals required
by local, county, state and federal laws and regulations applicable to the Improvements by Owner on
the Owner’s Property and the City Property/Easement, and shall install, maintain and use the Improvements on the Owner’s Property and City Property/Easement in full compliance with such laws and regulations.
22. BINDING EFFECT. This Agreement shall run with the land and bind and inure to the
benefit of the parties hereto and their respective heirs, successors and assigns.
23. NOTICE. Any notice or other communication required or provided to be given under the Agreement shall be in writing and shall be sufficiently given and shall be deemed given when delivered personally or when mailed by certified United States mail, return receipt requested, postage prepaid, addressed to the party's address as follows:
If to City: City of Eden Prairie City Center
8080 Mitchell Road Eden Prairie, MN 55436 Attention: City Engineer
If to Owner: Allison and Richard Skanse, Trustees
10528 Parker Drive
Eden Prairie, MN
24. ENTIRE AGREEMENT. This Agreement and the attached exhibits embody the entire agreement between the parties. This Agreement cannot be amended, altered or modified and no provisions can be waived, except by a written instrument executed by the parties. The headings and captions of the paragraphs and subparagraphs of this Agreement are inserted for convenience of reference
only and shall not constitute a part of this Agreement or a limitation on the scope of any paragraph or subparagraph. Whenever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement is held to be
invalid, illegal or unenforceable under any applicable law or rule, such provision will be ineffective only
to the extent of such invalidity, illegality, or unenforceability without invalidating the remainder of this Agreement. The Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
25. RECORDING. The Owner shall cause this Agreement to be filed for record with the
Office of the Hennepin County Recorder no later than 30 days following execution of this Agreement by the Owner and the City. Evidence of filing shall be provided to the City prior to installation of the Improvement but in any event no later than 30 days after recording. No work on the Improvements shall be initiated and no permit shall be issued until after City has received evidence of recording of this
Agreement.
[Remainder of Page Intentionally Left Blank.]
CITY OF EDEN PRAIRIE By:
________________________________ Ronald A. Case, Mayor
By:
________________________________
Rick Getschow, City Manager
STATE OF MINNESOTA ) ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _____ , 2019, by Ronald A. Case and Rick Getschow, respectively then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation on behalf of the corporation.
NOTARY PUBLIC
OWNER
The Allison L. Skanse Revocable Trust Agreement dated April 28, 2005
By:___________________________________________
Allison L. Skanse, Trustee
By:___________________________________________ Richard D. Skanse, Trustee
State of Minnesota, County of ___________________
This instrument was acknowledged before me on __________________, 2019, by Allison L.
Skanse and Richard Skanse, trustees of the Allison L. Skanse Revocable Trust Agreement dated
April 28, 2005.
(Stamp) (signature of notarial officer) Title (and Rank):
My commission expires: (month/day/year)
This instrument was drafted by:
Gregerson, Rosow, Johnson & Nilan, Ltd.
100 Washington Avenue South, Suite 1550 Minneapolis, MN 554101 Phone: 612-338-0755
EXHIBIT A
EXHIBIT B
EXHIBIT C
1. Insurance. a. General Liability. Prior to starting the Improvement, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may
arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Improvement: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “Owner” and
“City of Eden Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “Owner” and “City of Eden Prairie” as an additional insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the Owne” and City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the Owner and City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following Owner’s written acceptance
of the Improvement. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the Owner and the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be
terminated or non-renewed without ten (10) days’ prior notice to the Owner and the
City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by Owner and the City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with Owner and the City prior to the start of Contractor’s Improvement. Upon request a copy of the Contractor’s
insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to Owner and the City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to Owner and the City prior to the expiration date of any of the required policies. Neither Owner or City will
not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, Owner’s or the City’s right to enforce the
terms of Contractor’s obligations hereunder. Owner and the City reserves the right to
examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the Owner and the City, their officials, agents and employees from any loss, claim, liability
and expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the Owner and/or the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the
event giving rise to a claim which would have been covered by the specified insurance)
is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the Owner or the City may
require Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the Owner and City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company.
Contractor will take the action required by the Owner or the City within fifteen (15) days of receiving notice from the Owner or the City. 2. Contractor will defend and indemnify Owner and City, their officers, agents, and employees
and hold them harmless from and against all judgments, claims, damages, costs and expenses,
including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative the Construction Activities related to the Improvements.
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: October 15, 2019
DEPARTMENT / DIVISION:
Valerie Verley,
Community Center Manager
Parks and Recreation
ITEM DESCRIPTION:
Modifications to Parks and Recreation Rental
Facilities Policy
ITEM NO.:
VIII.M.
Requested Action Move to: Approve modifications to the Policy of Community Use of Parks and Recreation Rental Facilities.
Synopsis Staff continually evaluate the policy for Community Use of Parks and Recreation Rental Facilities to ensure the policy is relevant based on new facilities and amenities being added. This
process allows staff to evaluate trends for how the park system and facilities are being utilized
and adjust rental parameters, if needed. Staff reviewed the modifications with the City Council at the October 1 Council Workshop and with the Parks, Recreation and Natural Resources Commission at their October 7 meeting.
The first modification is to remedy the high volume of cancellations. In 2019, over $13,000 in
refunds were issued. Often a resident will reserve multiple dates for their event and forget to cancel the extra dates until the last minute. The goal in the proposed modifications is to cut this amount in half, through incentivizing renters to be proactive and timely with a cancellation, so the rental facility can be available to other Eden Prairie residents. After substantial research from
surrounding communities, these are the proposed changes:
Proposed Refund Policy Riley-Jacques Barn:
*More than 120 days out, charge one hour of rental fee (refund the rest).
*90-119 days out, charge 2 hours of rental fee. *61-89 days out, charge 4 hours of rental fee. *60 days or less, no refund.
EPCC & other Park Facilities:
*More than 30 days out, charge one hour of rental fee (refund the rest). *30 days or less, no refund. Senior Center:
*More than 10 days out, charge one hour of rental fee (refund the rest).
*10 or less, no refund.
In addition, only one reservation, per person, per facility will be permitted.
The second proposed modification to the policy is to change the parameters of 5K walk/runs. The volume of walk/runs overtakes a park, not allowing for use of the amenities by residents during that time. Currently, walk/runs have been taking place in both Purgatory Creek Park and Staring Lake Park. The new amenities added to Staring Lake Park in the past few years – new
playground, new pickleball court complex, new park building – make it no longer a suitable fit to successfully host walk/runs. The structure and amenities of Purgatory Creek Park lend well to a successful 5K with ample parking including the adjacent office building, trails that do not cross any roadways, and a pavilion. Staff propose allowing walk/runs at Purgatory Creek Park only.
Two other issues that are currently part of the policy, but will be enforced are: 1. Only allow 2 walk/runs per month, per park. The purpose of this is to safeguard park access for Eden Prairie residents to Purgatory Creek Park – especially with apartment complexes going up in the area. 2. Only Eden Prairie non-profit groups are eligible to host a walk/run. This will result in previous
non-qualifying 5K groups to find a new (non-Eden Prairie) location. Attachment Proposed “Community Use of Parks and Recreation Rental Facilities” Policy
POLICY
GUIDELINES FOR COMMUNITY USE OF
PARKS AND RECREATION RENTAL FACILITIES
UPDATED – October 15, 2019
City facilities are operated by the City of Eden Prairie under the following policies and
guidelines adopted by the Eden Prairie City Council on September 19, 2006. The Council
recognizes the value of these facilities being available to serve Eden Prairie residents, civic
and religious groups, and businesses.
PURPOSE AND INTENT
The intent of this policy is to promote regular and active use of the facilities. It outlines
scheduling procedures, rental classification, charges, and sets rules and regulations for use
of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance
costs, as well as market rates for similar facilities.
The City of Eden Prairie does not discriminate on the basis of race, color, religion, national
origin, gender, age, marital status, sexual orientation, status with regard to public
assistance, or disability in the admission or access to programs, services, activities, or
employment.
1.Rental Classifications
Eden Prairie City Government: Any activity related to or benefitting the operations
of Eden Prairie’s City Government including, but not limited to, City Council,
Board and Commission meetings, City sponsored or hosted programs, League of
Women Voters candidate forums, events and public meetings.
Group 1: Eden Prairie Civic/Non-Profit Agencies: Includes Eden Prairie School
District, Eden Prairie Youth Athletic Associations, PROP, SW Metro Transit, SW
Suburban Cable and Eden Prairie–based religious organizations. A civic, non-profit
or resident group is considered as Eden Prairie-based if it has at least 75% of its
membership roster residing in the City (as in the case of Eden Prairie Homeowner/
Townhome Associations).
Group 2: Eden Prairie Residents and Businesses: Eden Prairie-based businesses and
commercial organizations and Eden Prairie residents who wish to use the facilities
for personal use. (Documented proof may be requested.)
Group 3: Non-Eden Prairie Residents/Businesses/Groups: Non-resident
individuals, groups, commercial, and business organizations (including non-profit),
as well as state & county-related committees, including Minnesota’s federal and
state representatives and political groups (League of Women Voters, Town Hall
meetings, political conventions, etc.). (Limited to rentals at Eden Prairie
Community Center and Senior Center)
Policy – Community Use of Parks & Recreation Rental Facilities
Page 2 of 14
NOTE: Eden Prairie residents and businesses may NOT make park facility
reservations for non-Eden Prairie residents and businesses under the Group 2 rate.
2. Rental Facilities
Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park
Barn*, Round Lake Park Building*, Staring Lake Park Building*, Miller Park
Building*, Crestwood Park Building*, Nesbitt-Preserve Park Building*, Prairie
View Park Building*, Edenvale Park Building*, Forest Hills Park Building*, Riley
Lake Pavilion, Riley-Jacques Barn, and Purgatory Creek Park Lambert Pavilion.
Warming Houses - Park buildings* located throughout the City and used for ice
skating and sledding activities from December 15 through March 1.
* Denotes facilities utilized as warming houses.
Amphitheatre - located at Staring Lake Park
Community Center - ice arenas, racquetball courts, swimming pool, meeting
rooms, gym, play structure, dry land training areas, and play structure.
Senior Center - community room and meeting rooms.
Outdoor Athletic Facilities - volleyball courts, basketball courts, softball/baseball
fields, soccer/football/lacrosse fields, tennis and pickleball courts. These park
amenities are available on a first-come, first-served basis, unless they are being
used for a City program or have been reserved. Outdoor athletic facilities are
available for rent along with a park pavilion/building rental, for a fee. See the
separate document “Guidelines for Priority Use of Public Facilities” for rental
details.
Trail System - for walks and/or runs. Rental of a park building or pavilion is
required to hold a walk and/or run. Walks and/or runs beyond the park property
will require approval from other departments. Walks and/or runs do not have
exclusive use of trails or streets, unless required for safety purposes. In cases of
exclusive use, signage and/or additional staff/volunteers may be required, at the
discretion of the Parks and Recreation Director.
Non-Typical Park Locations – such as, but not limited to: parking lots, sun shelters,
picnic areas, open fields, dog parks, disc golf, hockey rinks in the summer, splash
pad, archery range, skate park, etc. These locations cannot be rented for exclusive
use. See Large Group Use.
3. Hours of Operation
City park hours are 6 a.m. to 10 p.m., daily; with the exception of Miller and
Round Lake Park that may remain open until 10:30 p.m. during the summer. Rental
use beyond these hours requires the approval of the Parks and Recreation Director.
Policy – Community Use of Parks & Recreation Rental Facilities
Page 3 of 14
The Community Center is generally open from 5:30 a.m. to 10 p.m., daily. During
the school year, summer hours may vary.
The Senior Center business hours are from 8:30 a.m. to 4 p.m., Monday through
Friday. The Senior Center is reserved for Senior and City program use during this
time. The Senior Center may be available for rent, for other uses, on weekday
evenings and weekends.
Warming houses are available for rent during non-public ice skating/sledding hours
only, unless using the upper level of Homeward Hills Park Barn.
4. General Information
Rental of a facility does not allow for exclusive access of other park amenities
(ballfields, tennis courts, playground, public bathrooms, etc.).
Eden Prairie City Government Group meetings, events, and activities have priority.
All other rental scheduling will be on a first-come, first-served basis; with special
reservation guidelines pertaining to walks and/or runs. Non-resident groups may
rent at the Community Center and Senior Center only.
No person who has not attained the age of 21 years shall be allowed to rent a
facility.
A minimum notice of 3 business days is required for rental of a facility. Senior
Center reservations require advance notice of 14 days.
Only one reservation, per person, per facility is permitted.
User groups are not allowed to reserve City facilities on a continuing basis (i.e.
daily, weekly, monthly) without the approval of the Director of Parks and
Recreation. The City reserves the right to restrict the number of dates an individual
or group may reserve. This is to ensure the availability of facilities to all user
groups.
If deemed necessary, the City reserves the right to substitute a meeting room or
facility other than that stated or requested, in order to minimize conflicts of
compatibility, space, and scheduling.
Rentals are subject to maximum group size and availability.
Rental hours shall be calculated from the time the renter enters the space until the
time of departure. User groups must adhere to the hours requested and approved on
the facility use contract.
At some locations, a half-day rental fee versus a full-day rental fee shall be
determined by City staff, and not by the number of hours renting a facility. A half-
day rental fee will be applied if it is reasonable, in the Parks and Recreation
Policy – Community Use of Parks & Recreation Rental Facilities
Page 4 of 14
Director’s discretion, to assume the facility will be available for rental by another
renter for the remainder of the day.
Groups renting facilities shall comply with the Equal Opportunity Statutes, and not
discriminate on the basis of race, color, religion, national origin, gender, age,
marital status, sexual orientation, status with regard to public assistance, or
disability.
5. Scheduling
A. Pavilions, Buildings, and Amphitheatre
Groups or individuals desiring to use a park pavilion/building shall make
arrangements through the Park Facility Scheduler. Reservations will be
accepted in the first week of January; with the exceptions of Homeward
Hills Park Barn and Riley Lake Barn (refer to C and D).
B. Warming House
Some park facilities are used as warming houses from December 15
through March 1. They are not available for rental use during public ice
skating/sledding hours, except for the upper level of Homeward Hills.
Groups or individuals desiring to use a Warming House shall make
arrangements through the Warming House Scheduler.
C. Homeward Hills Park Barn
Groups or individuals desiring to use the Homeward Hills Park Barn shall
make arrangements through the Park Facility Scheduler.
The Homeward Hills Park Barn is available for rental year-round. During
public ice skating, rentals may occur in the upper level. It may be scheduled
for rental on the first business day according to the following timetable:
Reservations Accepted Months Available
First Business Day of January April – October
August 1 November – March of following year
D. Riley-Jacques Barn
Groups or individuals desiring to use the Riley-Jacques Barn shall make
arrangements through the Park Facility Scheduler.
The Riley-Jacques Barn is available for rental use from the first day of May
through the end of October. It may be scheduled for rental no earlier than
the designated date on the first business day in November for the following
year.
Policy – Community Use of Parks & Recreation Rental Facilities
Page 5 of 14
E. Community Center
Groups or individuals desiring to use the Community Center shall make
arrangements through the Community Center facility scheduler. See
Community Center Rental Guidelines for rental details.
F. Senior Center
Groups or individuals desiring to use the Senior Center shall make
arrangements through the Senior Center staff.
Senior Center reservations require a two week advance notice.
The Senior Center may be scheduled three months in advance.
G. Outdoor Athletic Facilities
Groups or individuals desiring to use an outdoor athletic facility shall make
arrangements through the Athletic Facility Scheduler. See the separate
document “Guidelines for Priority Use of Public Facilities” for rental
details.
H. Walks and/or Runs
Group 1 and 2 may request a walk and/or run with the Park Facility
Scheduler no earlier than the first business day of the calendar year in
which they wish to hold the event. Group 2 may request a walk and/or run
no earlier than two weeks after the first business day of the calendar year.
The walks and/or runs offered by Groups 1 and 2 will be limited to two per
month, per park area at Purgatory Creek Park. If the event uses multiple
sites or a major portion of any roadway or park facility, the number and size
of various events might be limited further.
Any advertising and or promotion of the walk and/or run on park property
must be reviewed by the Park Facility Scheduler prior to publishing to
insure conformance to the approved permit. The City must be included in
the indemnification clause signed by the participants in the event.
6. Rental Fee
The rental fee is required for all chargeable rentals. Reservations are confirmed
only when full payment is made.
7. Damage Deposit
An appropriate damage deposit, in addition to the rental fee, will may be required
for walks and/or runs. The damage deposit is required at the time of reservation.
same time the rental payment is submitted. This deposit check shall be returned or
Policy – Community Use of Parks & Recreation Rental Facilities
Page 6 of 14
destroyed within one (1) week, based on renter’s request, after the rental date if no
deductions are necessary.
No damage deposit is required for approved reoccurring rentals. A higher deposit
may be required for other special events.
Failure to comply with this Policy may result in loss of damage deposit.
8. Special User Fee
In some instances, a special user fee may be required. This fee will be applied to
cover unusual anticipated expenses, such as excessive cleanup, unusual setup,
excess electricity, and/or damages associated with the user’s program, event,
general use or decorations. The special user fee must be paid at the time the rental
fee payment is made and will be held until it is determined by the City if any or all
of the fee was required. Any remaining balance will be returned to the renter.
There may be a special user fee for large events requiring a special event checklist
or rentals requiring additional portable toilets or additional police or security
measures.
Walks and/or runs will be charged a special user fee based on the anticipated or
actual attendance.
A special user fee is applied to groups with specialized equipment or activities such
as dunk tanks, inflatables, moon walks, etc.
User groups may be required to pay a special user fee when they provide amplified
sound.
User groups will be required to pay a special user fee for the City’s Sound
Technician to operate the City’s sound system and/or the user group’s sound
system. The City’s Sound Technician is required for any musical event with
amplified sound using the City’s equipment at the amphitheatre. (this is how we
have it spelt online and in the print brochure).
User groups must receive prior approval for additional electrical use, additional
lighting, etc. An additional fee may be associated with these requested facility use
items.
9. Special Event Checklist
Any event or activity that may require the assistance of more than one City
department or may extend beyond the park boundaries is required to complete a
Special Event Checklist with the Licensing Clerk at the Eden Prairie Police
Department.
Policy – Community Use of Parks & Recreation Rental Facilities
Page 7 of 14
Special event authorization will only be approved if proper accommodations can be
made (such as: additional parking, transportation to the site, additional toilets,
additional police officers or security measures).
A special user fee may apply.
Renter may be required to apply for permits through the Eden Prairie Police
Department.
10. Cancellation Policy
The City reserves the right to cancel any reservation. In case of cancellation by the
City, reservation fees will be returned accordingly.
The rental fee is refundable if cancellation notice is received no less than 10 days
prior to the date of the scheduled event.
Cancellation request must be submitted in writing.
Refunds
Riley-Jacques Barn:
*More than 120 days out, charge one hour of rental fee (refund the rest).
*90-119 days out, charge 2 hours of rental fee.
*61-89 days out, charge 4 hours of rental fee.
*60 days or less, no refund.
EPCC & other Park Facilities:
*More than 30 days out, charge one hour of rental fee (refund the rest).
*30 days or less, no refund.
Senior Center:
*More than 10 days out, charge one hour of rental fee (refund the rest).
*10 or less, no refund.
11. Liability and Damage
Rental groups using facilities will be required to sign a waiver of liability on the
contract form.
A Certificate of Insurance is required to cover the use of specialized equipment,
walks/runs, or special events open to the public.
The City will not assume liability for loss or damage to property belonging to an
organization or group.
Any organization, group, or individual reserving space shall be fully responsible
for any damage to that space or equipment and any unlawful acts associated with
the user’s program or event.
Policy – Community Use of Parks & Recreation Rental Facilities
Page 8 of 14
Any damages to facilities or equipment must be reported immediately. Costs
associated with the damage will be deducted from the damage deposit; additional
charges may apply. The City reserves the right to cancel future reservations.
12. Regulations
Violations of this Policy may result in forfeiture of a user’s damage deposit and
denial of future use of City facilities; however, that does not exempt violators from
possible prosecution under applicable City ordinances, State, or Federal laws.
City facilities and parks are smoke free. Use of tobacco products is prohibited as
stated in City Ordinance 9.42.
The City reserves the right to terminate a rental contract for City code violations.
Meetings and activities must be confined to the area(s) reserved. Other meetings
and activities may take place at the same time in other rooms. Groups are expected
to have respect for each other’s space.
Disorderly conduct shall be grounds for immediate termination of the activity/event
without refund. This will be determined by City staff or a police officer.
A. Supervision
Youth using facilities must be under competent adult (minimum age of 21
years old) leadership and supervision. The renter shall assume full
responsibility for the group’s conduct and/or the conduct of any member or
guest of the group, and for any damage to the facilities, buildings, or
equipment. Children must be kept confined to the reserved area of the user
group. The City will not assume liability for unsupervised children. The
City will be reimbursed by user/renter/group for any costs incurred due to
damages or additional cleaning.
Youth groups shall be chaperoned on a ratio of one adult (minimum age of
21 years old) for each ten (10) or fewer youths under the age of 18. The
number of youth attending and the names of the chaperones may be
requested by the staff. If the general public is invited, City staff shall
determine the number of chaperones needed.
If deemed necessary due to the type of function or activity, the City reserves
the right to assign an attendant and/or police officer for a user group. The
cost of such will be paid by the user group.
A building attendant is required to be on site at all times for community use
of the Senior Center and non-regular hours of the Community Center. The
building attendant will assist with set up and take down as required, and
perform general clean up as needed.
A building attendant is required to be on site for warming house rentals.
Policy – Community Use of Parks & Recreation Rental Facilities
Page 9 of 14
At all park pavilion/building locations, a park attendant will meet the renter
at the specified rental beginning time and will come back at the specified
ending rental time. The renter is responsible for the rental facility during
this rental time, and shall be on site during this rental time. Enclosed
buildings will be unlocked at the beginning rental time and locked at the
ending rental time. The renter shall not leave the building unattended during
the rental time.
B. Park Pavilion/Building Cleaning
Rented space and common areas must be left in the same or better state of
cleanliness as when renter arrived. Park Attendant shall determine the
appropriate level of cleanliness. If additional staff time, beyond that
necessary for normal cleaning, is required to clean the facility, an additional
charge for personnel and cleaning supplies will be deducted from the
damage deposit.
User groups are responsible for the basic clean up and bagging of trash.
All chairs or tables used must be taken down and put away.
C. Parking
Parking is available in designated parking areas. Groups that underestimate
their number of guests may not have adequate parking.
No parking on grass.
No driving on trails or plaza.
D. Admission Fee
User groups are not allowed to charge an admission fee without the
approval of the City Council.
E. Specialized Equipment or Activities
Cooking devices suitable for pig roasts are allowed but must remain in the
parking lot or designated area.
Dunk tanks, inflatables, etc. are allowed at designated areas. A Certificate
of Insurance is required. A special user fee is required.
Hayrides or sleigh rides are not permitted by rental groups.
Policy – Community Use of Parks & Recreation Rental Facilities
Page 10 of 14
F. Animals
Rental groups are not permitted to have non-domesticated animals,
including, but not limited to horses, on City property.
G. Fireworks / Open Fires
Rental groups are not permitted to have fireworks.
Rental groups are not permitted to have fires, fire in fire pits, sky lanterns,
sparklers, or any open flame.
H. Large Group Use
Resident groups with 20 or more are required to have a rental of a facility or
a large group use permit before using a park facility.
13. Food Service
Food or beverages may not be sold without prior approval. Food sales must comply
with the Hennepin County Health Department regulations of having a food service
permit.
No food or beverage may be left behind at any facility.
Where available, kitchens may not be used for commercial use (fundraising).
A. Parks, Shelters, Rented Activity Buildings
Food and beverages (including alcoholic) are permitted at all locations. No
glass containers. A keg will require additional approval.
Catering services are permitted at all locations.
Outdoor grills are available at some park locations, charcoal is not
provided. Charcoal grills or gas grills may be brought into the park and used
in a safe manner on a hard, flat surface. All charcoal must be removed from
the park; safe charcoal disposal sites are not available at the parks. Propane
tanks or cylinders shall not be disposed of on park/City property.
Groups must provide their own kitchen supplies (towels, paper products,
utensils, etc.) and condiments.
B. Senior Center
Food and beverages (alcoholic included) are permitted.
Heating of pre-prepared food is permitted in the provided oven.
Policy – Community Use of Parks & Recreation Rental Facilities
Page 11 of 14
Groups must provide their own kitchen supplies (towels, paper products,
utensils, etc.) and condiments.
C. Community Center (EPCC)
All meals, food and beverages for events and banquets must be contracted
through a Community Center pre-approved caterer or through the
Community Center concessions. Groups may be able to bring outside
snacks or beverages upon receiving pre-approval from the Community
Center.
No on-site preparation allowed. No freezer or refrigeration available.
Groups must provide their own kitchen supplies (towels, paper products,
utensils, etc.) and condiments.
14. Alcoholic Beverages
Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie City
property adjacent to a school (with the exception of the Eden Prairie Community
Center when served by a licensed vendor), Flying Cloud Fields, and Round Lake
fields north of Valley View Road.
Alcoholic beverages may be given by a host to the host’s guests at a social event,
provided that the host may not sell or engage in a sale of such beverages to the
guests without proper liquor licensing.
No glass containers permitted within an outdoor park.
Prior notice to, and approval of, the Parks and Recreation Director are required of
any group/or user intending to have a keg or kegs of beer on site.
Alcoholic beverages may be dispensed to persons attending a convention, banquet,
conference, meeting or social affair, by the holder of a retail, on-sale intoxicating
liquor license issued by the City of Eden Prairie Eden Prairie or an adjacent
municipality who has been engaged to dispense intoxicating liquor, at an event held
by a person or organization.
Alcoholic beverages may be dispensed by an organization which holds an
intoxicating on-sale license for the on-sale intoxicating liquor to members and bona
fide guests.
City staff reserves the right require a police officer on site at the event.
15. Fundraising
Groups 1 and 2 may conduct fundraising activities at the Eden Prairie Community
Center, but may only be conducted by Group 1 at park City facilities. Fundraising
activities include, but are not limited to: selling articles on site, advanced ticket
Policy – Community Use of Parks & Recreation Rental Facilities
Page 12 of 14
sales, walks and/or runs or any other means of collecting monies for a particular
purpose or group.
The City will allow City facilities to be used for limited fundraising activities to
support Eden Prairie based organizations with pre-approval by the Director of
Parks and Recreation.
At the discretion of the City, any group conducting a fundraiser will be charged a
pre-determined fee by the City to cover costs of set up, maintenance, cleaning and
security of the areas utilized for the event.
A. Charitable Gambling Activities
Renters conducting activities involving licensed charitable gambling (not a
licensed gaming company) must provide proof of compliance with State
gaming requirements and receive City Council approval. Requests must
come before the City Council through the Parks and Recreation Department
at least 45 days prior to the event date.
B. Walks and/or Runs
Group 1 may request a walk and/or run with the Park Facility Scheduler no
earlier than the first business day of the calendar year in which they wish to
hold the event.
The walks and/or runs offered by Groups 1 & 2, will be limited to two per
month at Purgatory Creek Park. ,per park area. If the event uses multiple
sites or a major portion of any roadway, the number and size of various
events might be further limited.
Any advertising and/or promotion of the walk and/or run on park property
must be reviewed by the Parks and Recreation Department prior to
publishing to ensure conformance with the approved permit. The City must
be included in the indemnification clause signed by the participants in the
event.
Rental of the park building or pavilion is required to hold a walk and/or run.
Walks and/or runs will be charged a special user fee based on the
anticipated or actual attendance.
A special event checklist will need to be completed with the licensing clerk
at the Eden Prairie Police Department.
16. Decorations
Failure to comply with decoration policy may result in loss of damage deposit.
A decoration plan and installation methods must be pre-approved by City staff.
Policy – Community Use of Parks & Recreation Rental Facilities
Page 13 of 14
The City reserves the right to remove all decorations which do not meet a pre-
approved plan. All decorating time must be included in the rental hours.
No double-sided tape or Scotch tape shall be used in decorating. Use poster putty,
removable blue painter’s tape or removable poster tape only on flat painted walls or
tables. No tape shall be used on the ceiling.
No nails shall be used in decorating.
No staples or tacks on flat painted walls or tables shall be used in decorating.
No lit candles or open flame shall be used in decorating.
No banners, streamers, balloons, or signs may be attached to any facility structure
or landscaping without prior approval by City staff. Any pre-approved attachments
must be removed by the group using the facility immediately after the reservation
period.
No rice, confetti, chalk, or birdseed shall be used in activities or decorating.
17. Tents and other Props
Tents or other structures with stakes, tarps, or any part or portion thereof attached
to the facility are prohibited.
Free-standing canopy tents are permitted with prior approval. Stakes cannot be
driven into the grounds, so tents must be secured with sandbags or weights.
Any tables, chairs, dance floor, staging, free standing canopy tents, or other props
brought in from other sources will not be stored in City facilities; shall be brought
in only during rental hours; and must be removed from the facility at the end of the
rental time.
18. Amplified Sound
Sound Technician
The City’s Sound Technician is required for any musical event with amplified
sound at the amphitheatre. The City’s Sound Technician shall have complete
supervisory control over the operation of the facility. Arrangements for equipment
set up and take down must be made with this person. Access to the stage is for
loading and unloading purposes only. The Sound Technician will determine what
vehicles will have access to the stage for loading and unloading of equipment, etc.
User groups will be required to pay a special user fee for the City’s Sound
Technician to operate the City’s sound system and/or the user group’s sound
system.
Policy – Community Use of Parks & Recreation Rental Facilities
Page 14 of 14
User groups using a sound amplification system will be required to have the sound
monitored. The noise level will be monitored and controlled by the City staff
equipped with a decibel level meter. The noise level will not be allowed above 70
decibels 100 feet from the source. Failure to comply with this restriction will result
in loss of damage deposit and may result in suspension of electrical power.
Approved by Eden Prairie City Council on September 19, 2006
Re-Adopted by Eden Prairie City Council on:
February 12, 2008
March 4, 2008
November 17, 2009
February 5, 2013
April 5, 2016
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
October 15, 2019
DEPARTMENT / DIVISION
Greg Weber, Police Chief,
Police
ITEM DESCRIPTION
Approve Agreement between City of Eden Prairie and City of Bloomington for Animal Impound Services
ITEM NO.
VIII.N.
Requested Action Move to: Approve the agreement between the City of Eden Prairie and City of Bloomington for Animal Impound Services. Synopsis The City of Bloomington offers animal impound and boarding services to the City of Eden Prairie. This service has been provided for many years. The agreement was renewed for a one-year period in 2018 as Bloomington was going to be reformatting their agreement in 2019. The new agreement is for a two- year period from August 1, 2019 to July 31, 2021. Attachment
Agreement between the City of Eden Prairie and City of Bloomington for Animal Impound Services.
Agreement Id: 2019-____
AGREEMENT BETWEEN THE CITY OF BLOOMINGTON AND THE CITY OF EDEN PRAIRIE
FOR ANIMAL IMPOUND SERVICES
THIS AGREEMENT is made this _______ day of October, 2019 between the
City of Bloomington, a Minnesota municipal corporation located at 1800 West Old
Shakopee Road, Bloomington, Minnesota 55431 (hereinafter referred to as the "City"),
and City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell
Road, Eden Prairie, Minnesota 55344 (hereinafter referred to as the "Requestor").
WITNESSETH
WHEREAS, the City has the power, authority, responsibility and facilities to
provide animal control services (“Services”) under the control and direction of its Police
Department; and
WHEREAS, the Requestor desires to contract for animal control services with
the City; and
WHEREAS, the City has an established animal control program, shelter, trained
staff, supervision and related equipment and tools to provide the Requestor with the
animal control services; and
NOW, THEREFORE, in consideration of the terms and conditions expressed
herein, the parties agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall be from August 1, 2019 to July 31, 2021,
subject to termination as provided in Article V.
II. DUTIES OF REQUESTOR
A. The Requestor may deliver domestic animals as defined in Bloomington City Code
Section 12.91 to the City’s animal control facility (“Facility”) in good health during
normal working hours with the understanding that the City may at any time refuse to
accept an animal based upon the physical condition, type of the animal, or
availability of space at its Facility.
2
B. The Requestor authorizes the City to act in accordance with Bloomington City Code
Chapter 12 and Minnesota Statutes, Chapters 343, 346, and 347 as it relates to any
animals that Requestor delivers and are accepted by the City under the terms of this
Agreement.
C. Requestor understands and agrees that the City has authority to arrange for veterinary
care of animals delivered by the Requestor, if the City, in its sole discretion,
determines the animal to be sick or injured and in need of such care. Unless the
animal is claimed and such veterinary costs are collected from the owner, the
Requestor shall reimburse the City for all costs associated with the provision of such
veterinary care, including all staff and administrative costs.
D. The Requestor shall defend, indemnify and hold harmless the City, its officials,
employees and agents, from any and all claims, causes of action, lawsuits, damages,
losses, or expenses, including attorney fees, arising out of or resulting from the
Services provided by the City at Requestor’s request under this Agreement, including
the destruction or disposal of all animals left in the City’s care by the Requestor.
E. The Requestor agrees to pay the City within thirty (30) days of the date of invoice for
all Services rendered pursuant to this Agreement and assessed in accordance with the
fee schedule attached as Exhibit A. Late fees will be assessed at the maximum rate
allowed by law, for all amounts not paid within thirty (30) days from the date of the
original invoice.
F. It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of copartners between the parties
hereto or as constituting the Requestor's staff as the agents, representatives or
employees of the City for any purpose in any manner whatsoever. The Requestor and
its staff are to be and shall remain independent contractors with respect to all services
performed under this Agreement. The Requestor represents that it has, or will secure
at its own expense, all personnel required in performing services under this
Agreement. Any and all personnel of the Requestor or other persons, while engaged
in the performance of any work or services required by the Requestor under this
3
Agreement, shall not be considered employees of the City, and any and all claims that
may or might arise under the Workers' Compensation Act of the State of Minnesota
on behalf of said personnel or other persons while so engaged, and any and all claims
whatsoever on behalf of any such person or personnel arising out of employment or
alleged employment including, without limitation, claims of discrimination against
the Requestor, its officers, agents, Requestors or employees shall in no way be the
responsibility of the City; and the Requestor shall defend, indemnify and hold the
City, its officers, agents and employees harmless from any and all such claims
regardless of any determination of any pertinent tribunal, agency, board, commission
or court. Such personnel or other persons shall not require nor be entitled to any
compensation, rights or benefits of any kind whatsoever from the City, including,
without limitation, tenure rights, medical and hospital care, sick and vacation leave,
Workers' Compensation, Unemployment Compensation, disability, severance pay and
PERA.
G. The Requestor shall be responsible for checking for identification on those animals it
delivers to the City and for prompt notification of identified owners of the location
and impoundment of the animal by the most expedient means.
H. The parties agree to comply with the Minnesota Human Rights Act, Minnesota
Statutes, Section 363A, as amended.
I. The Requestor shall maintain commercial general liability insurance in the following
amounts during the term of this Agreement:
1. Bodily injury in the amount of at least $500,000 per individual and
$1,500,000 per occurrence for injuries or death arising out of each occurrence.
2. Property damage liability in the amount of $1,500,000 for each occurrence.
3. The Requestor further agrees to name the City as additional insured on said
insurance policies and to provide a certificate of said insurance to the City
prior to commencing work pursuant to this Agreement.
4
4. The Requestor shall carry Worker’s Compensation Insurance as required by
Minnesota Statutes, Section 176.181, subd 2.
5. The Requestor agrees to notify the City thirty (30) days prior to cancellation
or a change in any of the aforementioned insurance policies. All insurance
must be provided at the Requestor’s expense and at no additional cost to the
City.
III. DUTIES OF THE CITY
A. The City will exercise reasonable care in feeding, boarding and caring for the animals
received from the Requestor while they remain under its care, custody and control.
B. For unclaimed animals, the City will invoice the Requestor, on a monthly basis, for
all charges for Services provided according to Exhibit A. The City will release an
animal received from the Requestor to the animal’s owner in accordance with the
City’s redemption criteria and upon the animal owner’s payment in full to the City of
the total fees as described in Exhibit A for Claimed Animals. For animals claimed by
their owners, the City will credit any fees collected on the Requestor’s behalf, as
identified on Exhibit A, on Requestor’s monthly invoice.
C. The City will exercise reasonable care in disposing of animals received from the
Requestor in accordance with the City’s disposal criteria, state law and local
ordinances. Methods of disposal shall be determined by the City and will include
without limitation, sale, adoption, destruction and donation.
IV. GENERAL PROVISIONS
A. This Agreement represents the entire Agreement between the Requestor and the City
and supersedes and cancels any and all prior agreements or proposals, written or oral,
between the parties relating to the subject matter hereof; and amendments, addenda,
alterations, or modifications to the terms and conditions of this Agreement shall be in
writing and signed by both parties.
5
B. The parties shall comply with the Americans With Disabilities Act (ADA), Section
504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in
the admission or access to, or treatment of employment in its services, programs, or
activities. The Requestor agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorney's fees and staff time, in any action or
proceeding brought alleging a violation of ADA and/or Section 504 caused by the
Requestor. Upon request accommodation will be provided to allow individuals with
disabilities to participate in all services, programs and activities. The City has
designated coordinators to facilitate compliance with the Americans with Disabilities
Act of 1990, as required by Section 35.107 of the U.S. Department of Justice
regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act
of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban
Development regulations.
C. The parties will comply with all applicable provisions of the Minnesota Government
Data Practices Act, Chapter 13 of the Minnesota Statutes, as amended.
D. This Agreement shall be interpreted using the laws of the State of Minnesota. Both
parties agree to comply with all applicable local, state and federal laws, rules,
regulations and ordinances in the performance of the duties of this Agreement.
E. This Agreement shall not be assignable by either party except with the written
consent of the other party.
F. The books, records, documents, and accounting procedures of both parties, relevant to
this Agreement, are subject to examination by the other party, and either the
legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section
16C.05, Subdivision 5.
G. Both parties agree to submit all claims, disputes and other matters in question
between the parties arising out of or relating to this Agreement to mediation. The
mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin
Avenue, Suite 100, Minneapolis, MN 55405. In the event mediation is
6
unsuccessful, either party may exercise its legal or equitable remedies and may
commence such action prior to the expiration of the applicable statute of limitations.
H. The Requestor agrees to require each of its agents, officers and employees to abide by
the City’s policies prohibiting sexual harassment, firearms and smoking, as well as all
other reasonable work rules, safety rules or policies regulating the conduct of persons
on City property at all times while performing duties pursuant to this Agreement.
The Requestor agrees and understands that a violation of any of these policies or rules
constitutes a breach of the Agreement and sufficient grounds for immediate
termination of the Agreement by the City.
V. TERMINATION
Either party may terminate this Agreement for any reason upon giving thirty (30) days'
advanced written notice to the other party.
Either party may terminate this Agreement at any time in event of default or violation by
the other party of any provision of this Agreement. The non-defaulting party may take
whatever action at law or in equity that may appear necessary or desirable to collect
damages arising from a default or violation or to enforce performance of this Agreement.
[Remainder of the page left blank.]
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF BLOOMINGTON, MINNESOTA
DATED:___________________________ BY:________________________________
James D. Verbrugge Its: City Manager
Reviewed and approved by the City Attorney.
__________________________________ City Attorney
CITY OF EDEN PRAIRIE, MINNESOTA
DATED:___________________________ BY:________________________________
Ronald A. Case
Its: Mayor
BY:________________________________
Rick Getschow
Its: City Manager
8
EXHIBIT A
FEE SCHEDULE
Unclaimed Animals: Fees to be collected from Requestor for the Boarding and
Disposal of Unclaimed Animals received from Requestor:
Administrative Charge $55.00 per animal
Disposal $40.00 per animal
Boarding $30.00 per day, per animal
Veterinarian Services as billed by veterinarian
Claimed Animals: Fees to be collected from the Owner for Boarding of Claimed
Animals received from Requestor:
Administrative Charge $25.00 per day, per animal
Boarding $30.00 per day, per animal
Veterinarian Services as billed by veterinarian
Adjustment of All Fees:
These fees may be administratively adjusted from time to time without a formal amendment of the Agreement. Such adjustment shall be made in accordance with the following procedure: 1. Fee adjustments are automatic when the City has, by Council action,
adjusted its boarding, impound, administrative, sale and disposal fees for
its own residents. 2. The adjusted fees shall not exceed the amounts set for City residents.
3. Initiation of a fee adjustment shall be made by thirty (30) day’s written
notice thereof to the Requestor.
9
4. The adjusted fees shall become effective, within thirty (30) days of the notice of fee adjustment, unless the Requestor terminates this Agreement.
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
October 15, 2019
DEPARTMENT/DIVISION:
Denise Christensen
Public Works / Engineering
ITEM DESCRIPTION:
Special Assessment Hearing for the Approval of the 2019 Special Assessments
ITEM NO.:
IX.A.
Requested Action Move to: Close the public hearing for the approval of the 2019 Special Assessments; and Adopt the resolution approving all Special Assessments presented in the fall of 2019
Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of
supplemental assessments for such things as trunk utility, a 100% Petition, and removal of snow, tall
grass, weeds and trees. Staff recommends Council approve the list of assessments. Background Information
City Council established the amount to be assessed for the Fall 2019 assessment hearing at its
regular meeting on September 17, 2019. See Exhibit A for the list of Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2019 is $129,091.82.
Attachments Resolution Exhibit A Published Notice
Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-
WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard
and passed upon all objections in the proposed assessments for the following improvements to wit:
(See Exhibit A attached)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie:
1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November
1, 2019 until December 31, 2020. To each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to
be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2020. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the next succeeding year.
5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the
portion of the cost of this improvement paid for from municipal funds by levying additional
assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. APPROVED on October 15, 2019.
Ronald A. Case, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
EXHIBIT A
Supplementals
Trunk Sewer and Water Parcel PID # Years / % 2019 Amount Deferred Amount
Great Oaks 2nd LLC 29-116-22-42-0010 (ORIGINAL/PARENT PARCEL) 5 Years at 3.65% $51,796.90 0.00
Great Oaks 2nd LLC 29-116-22-42-0088 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0089 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0090
(NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0091 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0092 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0093 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0094 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0095
(NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0096 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0097 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Distinctive Design Build Inc 29-116-22-42-0098 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0099 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0100
(NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0101 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0102 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.81 0.00
Great Oaks 2nd LLC 29-116-22-42-0103 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,204.75 0.00
Robins 29-116-22-42-0104 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $520.00 0.00
Wooddale Builders, Inc. 30-116-22-13-0029 (ORIGINAL/PARENT PARCEL) 5 Years at 3.65% $51,346.43 0.00
Wooddale Builders, Inc. 30-116-22-13-0034 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.35 0.00
Wooddale Builders, Inc. 30-116-22-13-0035
(NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0036 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0037 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0038 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0039 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0040 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Unthank 30-116-22-13-0041
(NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0042 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0043 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0044 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0045 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0046 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0047 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0048 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0049 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
Wooddale Builders, Inc. 30-116-22-13-0050 (NEW LOT PID FROM ORIGINAL) 5 Years at 3.65% $3,020.38 0.00
100% Petition SAC & WAC Fees
MULP LL, LLC 12-116-22-41-0002 5 Years at 3.65% $20,560.00 0.00
Snow Removal
Danial & Tadros 20-116-22-41-0073 1 Year at 3.65% $156.00 0.00
Tall Grass / Weed Contracted Removal
Almond 04-116-22-23-0026 1 Year at 3.65% $405.96 0.00
Coomes 04-116-22-43-0068 1 Yeas at 3.65% $215.00 0.00
Payne 05-116-22-24-0036 1 Year at 3.65% $299.00 0.00
Guralnik 09-116-22-31-0011 1 Year at 3.65% $223.17 0.00
Camardello 10-116-22-13-0074 1 Year at 3.65% $215.00 0.00
Restaurant Units Corp. 14-116-22-31-0031 1 Year at 3.65% $1,429.51 0.00
Restaurant Units Corp. 17-116-22-11-0023 1 Yeas at 3.65% $1,429.51 0.00
Boran 24-116-22-44-0016 1 Year at 3.65% $223.17 0.00
Mann 26-116-22-42-0007 1 Year at 3.65% $223.17 0.00
Tree Contracted Removal
Zhu & Bai 30-116-22-12-0043 1 Year at 3.65% $569.00 0.00
NOTICE OF HEARING ON
PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 15, 2019 in the City
Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota: Trunk Sewer and Water 29-116-22-42-0010 30-116-22-13-0034 30-116-22-13-0035 30-116-22-13-0036 30-116-22-13-0037 30-116-22-13-0038 30-116-22-13-0039 30-116-22-13-0040 30-116-22-13-0041 30-116-22-13-0042 30-116-22-13-0043
30-116-22-13-0044 30-116-22-13-0045 30-116-22-13-0046
30-116-22-13-0047 30-116-22-13-0048 30-116-22-13-0049
30-116-22-13-0050 The total amount to be assessed is $103,143.33. 100% Petition SAC & WAC 12-116-22-41-0002 The total amount to be assessed is $20,560.00. Snow Removal 20-116-22-41-0073 The total amount to be assessed is $156.00. Tall Grass & Weed Removal 04-116-22-23-0026 04-116-22-43-0068
05-116-22-24-0036 09-116-22-31-0011 10-116-22-13-0074
14-116-22-31-0031 17-116-22-11-0023 24-116-22-44-0016
26-116-22-42-0007 The total amount to be assessed is $4,663.49. Tree Removal 30-116-22-12-0043 The total amount to be assessed is $569.50. The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon
the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes
435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the
procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by
virtue of a permanent and total disability for whom it would be a hardship to make the payments, who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such
persons will bear interest, but not exceeding 50% of the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Denise Christensen, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8318
By order of the City Council Published in the Eden Prairie News on September 26, 2019
NOTIFICATION LIST
2019 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
29-116-22-42-0010
30-116-22-13-0029 12-116-22-41-0002 20-116-22-41-0073
04-116-22-23-0026 04-116-22-43-0068 05-116-22-24-0036 09-116-22-31-0011 10-116-22-13-0074 14-116-22-31-0031 17-116-22-11-0023 24-116-22-44-0016 26-116-22-42-0007 30-116-22-12-0043
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE: October 15, 2019
DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.: X.
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis
Checks 270316 - 270590 Wire Transfers 1023697 - 1023800 Wire Transfers 7293 – 7315
Purchasing Card 7293
City of Eden Prairie
Council Check Summary
10/15/2019
Division Amount Division Amount
000 General 204,145 308 E-911 24,032
100 City Manager 52,723 309 DWI Forfeiture 109
101 Legislative 802 315 Economic Development 9,404
102 Legal Counsel 46,590 502 Park Development 29,087
110 City Clerk 438 509 CIP Fund 16,814
111 Customer Service 435 512 CIP Trails 2,282
112 Human Resources 986 522 Improvement Projects 2006 279,557
113 Communications 7,080 526 Transportation Fund 648
114 Benefits & Training 5,265 532 EP Road Connect Flying Cloud 26,835
130 Assessing 1,643 536 General LRT 775
131 Finance 334 804 100 Year History 32
132 Housing and Community Service 880 Total Capital Projects Fund 389,575
133 Planning 1,189
136 Public Safety Communications 13,526 601 Prairie Village Liquor 87,792
137 Economic Development 197 602 Den Road Liquor 139,495
138 Community Development Admin 639 603 Prairie View Liquor 104,093
150 Park Administration 365 605 Den Road Building 1,078
151 Park Maintenance 19,511 701 Water Enterprise Fund 222,530
153 Organized Athletics 730 702 Wastewater Enterprise Fund 17,395
154 Community Center 15,257 703 Stormwater Enterprise Fund 54,715
155 Beaches 5 Total Enterprise Fund 627,097
156 Youth Programs 4,184
157 Special Events 67 802 494 Commuter Services 22,068
158 Senior Center 6,439 803 Escrow Fund 11,100
159 Recreation Administration 162 807 Benefits Fund 517,849
160 Therapeutic Recreation 174 809 Investment Fund 2,605
161 Oak Point Pool 5,808 812 Fleet Internal Service 79,794
162 Arts 6,134 813 IT Internal Service 151,127
163 Outdoor Center 739 814 Facilities Capital ISF 21,517
164 Park Rental Facilities 146 815 Facilites Operating ISF 23,765
168 Arts Center 981 816 Facilites City Center ISF 12,164
180 Police Sworn 31,997 817 Facilites Comm. Center ISF 34,770
184 Fire 34,845 Total Internal Svc/Agency Funds 876,760
186 Inspections 2,464
200 Engineering 3,461 Report Total 2,402,851
201 Street Maintenance 17,928
202 Street Lighting 88
Total General Fund 488,358
301 CDBG 16,281
303 Cemetary Operation 4,780
Total Sepcial Revenue Svc 21,062
City of Eden PrairieCouncil Check Register by GL
10/15/2019
Check #Amount Supplier / Explanation Account Description Business Unit Comments
270369 379,048 EUREKA CONSTRUCTION INC Improvement Contracts General Fixed Asset Account Gr Preserve Blvd Construction
7313 252,685 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 09.27.19
7311 177,119 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 09.13.19
1023740 97,259 SRF CONSULTING GROUP INC Design & Engineering General Fixed Asset Account Gr
7293 80,519 USB-PURCHASING CARD Other Revenue Stormwater Collection
270394 65,856 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1023728 55,994 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution
1023726 50,082 EPA AUDIO VISUAL INC Hardware Maintenance IT Capital
270489 43,223 CIMA LABS INC Deposits General Fund
270579 41,106 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
270587 36,848 MIDWAY FORD Autos Fleet - Fire
270427 36,232 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
1023732 34,732 LOGIS Network Support Water Accounting
270550 31,885 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
270537 29,417 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
270569 26,713 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1023724 26,076 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store
7315 24,638 EMPOWER Deferred Compensation Health and Benefits
1023772 24,548 ADVANCED ENGINEERING & ENVIRONMENTAL SE Other Contracted Services Water Supply (Wells)
270520 24,215 GREEN ACRES SPRINKLER COMPANY Other Contracted Services Park Acquisition & Development
270390 23,628 INDEPENDENT EMERGENCY SERVICES LLC Other Assets E-911 Program
270480 21,717 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store
7314 20,184 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
270447 20,000 TWIN CITIES & WESTERN RAILROAD COMPANY Improvement Contracts General Fixed Asset Account Gr
1023783 19,749 HANSEN THORP PELLINEN OLSON Design & Engineering Park Acquisition & Development
270433 19,204 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
270376 18,750 GE DIGITAL LLC Software Water Treatment
270531 18,343 HP INC Computers IT Operating
270336 16,880 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie View Liquor Store
270561 15,635 PROP Other Contracted Services CDBG - Public Service
7299 14,887 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
270451 14,754 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
270421 14,644 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
270381 14,010 GRI EDEN PRAIRIE, LLC Waste Disposal Prairie Village Liquor Store
270540 13,545 LAVAN FLOOR COVERING Building Repair & Maint.Utility Operations - General
270347 13,150 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance
270331 12,495 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint. & Reinvestment
1023789 12,480 POMP'S TIRE SERVICE INC Tires Fleet Operating
270448 11,900 TYLER TECHNOLOGIES INC Software Public Safety Communications
7296 11,880 FURTHER - AKA SELECT HSA - Employer Health and Benefits
270534 11,686 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
1023718 11,456 ASPEN EQUIPMENT CO.Autos Fleet Operating
1023777 10,965 CENTERPOINT ENERGY Gas Wastewater Lift Station
270455 10,528 WATERGUARDS LLC OCS - Monitoring Stormwater Non-Capital
270481 10,332 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments73019,925 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
270583 9,886 WATERGUARDS LLC OCS - Monitoring Stormwater Non-Capital
270332 9,873 BLACKSTONE CONTRACTORS LLC Improvements to Land General Fixed Asset Account Gr
270416 9,744 NAC Other Contracted Services Utility Operations - General
270518 9,590 GRAYMONT Treatment Chemicals Water Treatment
270393 9,589 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
270380 9,470 GRAYMONT Treatment Chemicals Water Treatment
1023775 9,157 BIFFS INC Waste Disposal Park Maintenance
270458 8,775 WORKS COMPUTING INC Software Maintenance IT Operating
7308 8,759 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
1023741 8,550 STREICHERS Clothing & Uniforms Police Sworn
270420 8,266 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
270425 8,015 QUETICA LLC Other Contracted Services Ice Arena Maintenance
270507 7,800 FACILITIES MANAGEMENT EXPRESS LLC Software Facilities Staff
7310 7,559 CARD CONNECT Bank and Service Charges Community Center Admin
270483 7,487 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
270338 7,291 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
7294 7,015 U.S. BANK - I-494 PURCH. CARD Conference/Prof. Dev.494 Corridor Commission
270503 6,500 EHLERS & ASSOCIATES INC Prepaid Expenses Escrow Fund
270565 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
270335 6,391 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store
270327 6,350 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
270348 6,022 COMMERCIAL TRUCK COLLISSION INC Equipment Repair & Maint Fleet Operating
270361 5,846 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Oak Point Operations
270525 5,695 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
7303 4,975 FURTHER - AKA SELECT HRA Health and Benefits
270563 4,900 QUETICA LLC Other Contracted Services Facilities Capital
1023746 4,340 XCEL ENERGY Electric Round Lake
1023779 4,162 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment
270568 4,050 SKUBIC JEFF Developer Fees General Fund
270337 3,897 BRYAN ROCK PRODUCTS INC Gravel Park Maintenance
1023720 3,889 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
270484 3,785 CARVER COUNTY LICENSE CENTER Autos Fleet - Public Works
270485 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General
270350 3,415 CORE & MAIN Equipment Parts Stormwater Collection
1023719 3,316 ASPEN WASTE SYSTEMS INC.Waste Disposal Fire Station #3
1023704 3,228 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM
270386 3,223 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
270585 3,193 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
270560 3,188 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1023795 3,110 STREICHERS Clothing & Uniforms Police Sworn
270341 3,102 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
1023794 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
270501 2,949 DON STODOLA WELL DRILLING CO INC Other Contracted Services Pleasant Hill Cemetery
270558 2,884 PARK NICOLLET CLINIC Health & Fitness Fire
270502 2,873 DPC INDUSTRIES INC Treatment Chemicals Water Treatment
270413 2,855 MOTOROLA SOLUTIONS INC Capital Under $25,000 Facilities Staff
1023722 2,799 CENTERPOINT ENERGY Gas Maintenance Facility
270469 2,793 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
270516 2,770 GLEN LAKE GOLF Instructor Service Lesson Skills Development
Check #Amount Supplier / Explanation Account Description Business Unit Comments10237782,763 ELECTRIC PUMP Equipment Repair & Maint Wasterwater Collection
7306 2,628 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
7300 2,605 PFM ASSET MANAGEMENT LLC Interest Investment Fund
1023774 2,591 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
270419 2,571 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
270486 2,513 CEMSTONE PRODUCTS COMPANY Building Materials Street Maintenance
7297 2,420 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
270512 2,391 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating
270559 2,389 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
270529 2,362 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1023709 2,290 PARK SUPPLY OF AMERICA INC Supplies - Plumbing Police (City Cost)
1023700 2,282 BRAUN INTERTEC CORPORATION Other Contracted Services CIP Trails
7298 2,266 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
1023788 2,223 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance
270497 2,121 CUSHMAN MOTOR COMPANY INC.Equipment Repair & Maint Fleet Operating
1023734 2,064 METRO SALES INCORPORATED*Equipment Rentals IT Operating
270428 2,055 SCEPRE LLC Deposits General Fund
270343 2,049 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
270556 2,019 NAC Contract Svcs - HVAC Pool Maintenance
270385 2,006 HIGHWAY 5 BP Motor Fuels Fleet Operating
270352 2,000 CRAIG RAPP, LLC Other Contracted Services Organizational Services
270366 2,000 EHLERS & ASSOCIATES INC Deposits TIF-Columbine Road Housing
270495 1,931 CORE & MAIN Repair & Maint. Supplies Park Acquisition & Development
1023730 1,910 HAWKINS INC Treatment Chemicals Water Treatment
270422 1,907 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance
270391 1,890 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
1023798 1,884 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1023716 1,884 VINOCOPIA Liquor Product Received Den Road Liquor Store
1023737 1,850 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
270378 1,841 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
270474 1,818 BENT CREEK GOLF CLUB Miscellaneous Volunteers
270452 1,817 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues & Sub-Memberships Fire
270358 1,800 DSO ARCHITECTURE INC Other Contracted Services General Fixed Asset Account Gr
270582 1,800 WARNING LITES Equipment Repair & Maint Traffic Signals
1023776 1,658 CDW GOVERNMENT INC.Computers Water Treatment
270371 1,525 FIRE SAFETY USA INC Equipment Parts Fleet Operating
270519 1,524 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
270557 1,500 NEVILLE JAN Clothing & Uniforms Stormwater Non-Capital
270576 1,500 TAYLOR MICHELLE Rebates Stormwater Non-Capital
270457 1,486 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
270316 1,481 PERA Payroll-ExecutiveDirector 494 Corridor Commission
1023770 1,444 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
270409 1,400 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire
1023754 1,392 HACH COMPANY Equipment Parts Water Treatment
270459 1,339 YORKTOWN OFFICES Rent 494 Corridor Commission
1023707 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
7302 1,299 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
270528 1,292 HERR RHONDA Rebates Stormwater Non-Capital
1023705 1,284 HACH COMPANY Laboratory Chemicals Water Treatment
1023745 1,278 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments73051,228 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1023744 1,210 WALL TRENDS INC Contract Svcs - General Bldg City Hall (City Cost)
270524 1,203 HEALTHPARTNERS Employment Support Test Organizational Services
1023785 1,172 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1023790 1,150 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Distribution
270470 1,142 ASPEN MILLS Clothing & Uniforms Fire
270472 1,132 AVR INC Asphalt Overlay Street Maintenance
270399 1,125 LANO EQUIPMENT INC Equipment Repair & Maint Stormwater Collection
1023768 1,120 VAN PAPER COMPANY Cleaning Supplies General Community Center
270462 1,096 M-R SIGN CO INC Signs Traffic Signs
270318 1,052 3D SPECIALTIES Signs Traffic Signs
1023787 1,050 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Fire Station #1
270373 1,050 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
270500 1,035 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1023784 1,029 MENARDS Operating Supplies Fleet Operating
270397 1,000 KATZ JAMES TEXTILE DESIGN Other Contracted Services Arts
270562 981 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
270509 968 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
270328 967 ASPEN MILLS Clothing & Uniforms Police Sworn
270317 957 PETTY CASH Operating Supplies Human Resources
1023703 949 FASTENAL COMPANY Operating Supplies Park Maintenance
1023702 935 CHEMSEARCH Contract Svcs - Ice Rink City Center - CAM
270535 920 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
1023715 913 VAN PAPER COMPANY Cleaning Supplies General Community Center
270538 903 JOHNSON CONTROLS Building Repair & Maint.Utility Operations - General
270383 853 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications
270505 850 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering
270324 849 ALEX AIR APPARATUS INC Repair & Maint. Supplies Emergency Management
270453 841 WARNING LITES Other Contracted Services Traffic Signs
270544 840 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
270547 828 MARS SUPPLY Lubricants & Additives Fleet Operating
270523 819 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
1023773 816 A-SCAPE INC Contract Svcs - Lawn Maint.Den Bldg. - CAM
270406 815 MINNESOTA ATHLETIC APPAREL Operating Supplies Fire
1023710 806 PROSOURCE SUPPLY Supplies - General Bldg General Community Center
270322 800 ADAM BETTCHER PHOTOGRAPHY Other Contracted Services Police Sworn
270577 800 THE ADVENT GROUP Temp 494 Corridor Commission
270395 798 JOHNSTONE SUPPLY Supplies - HVAC Fitness/Conference - Cmty Ctr
1023762 780 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery
1023753 770 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM
270487 761 CENTURYLINK Telephone Water Treatment
270578 750 TREEHOUSE Other Contracted Services Housing and Community Service
1023733 747 MENARDS Operating Supplies Outdoor Center
270471 745 ATG USA INC Conference/Training Engineering
1023759 730 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital
1023712 728 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1023751 719 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General
270412 716 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1023791 711 REINDERS INC Chemicals Park Maintenance
270402 700 MACDONALD & MACK ARCHITECTS LTD Other Contracted Services Heritage Preservation
Check #Amount Supplier / Explanation Account Description Business Unit Comments270508700FAHEY, MATT L Other Contracted Services Fall Harvest
1023796 692 VISTAR CORPORATION Merchandise for Resale Concessions
270426 683 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
270330 681 BERNICK'S WINE Liquor Product Received Den Road Liquor Store
270443 680 THE ADVENT GROUP Temp 494 Corridor Commission
270473 675 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance
270442 657 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
270354 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery
1023749 648 BRAUN INTERTEC CORPORATION Testing Transportation Fund
270326 641 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Hall (City Cost)
270340 636 CARLOS CREEK WINERY Liquor Product Received Prairie View Liquor Store
270440 634 SUMMIT COMPANIES Supplies - Fire/Life/Safety Police (City Cost)
270567 629 SIGNSOURCE Signs Capital Outlay Parks
1023717 605 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
270382 600 GYM WORKS Equipment Repair & Maint Utility Operations - General
270494 600 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development
7312 583 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
1023792 578 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC Utility Operations - General
1023729 575 H M CRAGG CO Contract Svcs - Fire/Life/Safe Fire Station #1
270342 558 CENTURYLINK Internet IT Operating
1023701 551 CARLSTON, BRANDON Clothing & Uniforms Fleet Operating
270405 550 MARTIN-MCALLISTER Employment Support Test Organizational Services
270566 541 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1023713 534 THE OASIS GROUP Employee Assistance Organizational Services
1023767 534 THE OASIS GROUP Employee Assistance Organizational Services
270396 533 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1023769 530 VIK, LISA Travel Expense Police Sworn
270401 520 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
270533 518 J H LARSON COMPANY Supplies - Electrical City Center - CAM
1023738 502 PREMIUM WATERS INC Operating Supplies - Water Fire
270379 501 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
270411 501 MINNETONKA FIRE DEPARTMENT Clothing & Uniforms Fire
7295 500 FURTHER - AKA SELECT HRA Health and Benefits
270418 500 NORTH STAR WIPER & IND SUPPLY Repair & Maint. Supplies Fire
270389 498 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
270546 490 MARCO INC Telephone IT Operating
270588 488 SMOKIN HOT DISH Conference/Training Utility Operations - General
270589 487 SMOKIN HOT DISH Conference/Training Utility Operations - General
270532 485 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
270454 481 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution
270510 480 FIRECOM Equipment Repair & Maint Fire
270429 470 SEVER PETERSON FARM Reimburse-legal notices Escrow
270460 470 PETTY CASH-POLICE DEPT Clothing & Uniforms General Fund
270398 461 KESSLER, CHERYL Travel Expense Heritage Preservation
270351 444 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
270590 439 EXCEL BUILDERS LLC Building Surcharge General Fund
270329 435 BARNA, GUZY & STEFFEN ,LTD Legal Legal Council
270465 433 AIRGAS USA LLC Supplies - Pool Pool Maintenance
270530 432 HOME DEPOT CREDIT SERVICES Supplies - General Bldg City Hall (City Cost)
1023748 424 BATTERIES PLUS Repair & Maint. Supplies General Community Center
Check #Amount Supplier / Explanation Account Description Business Unit Comments270357414DODGE OF BURNSVILLE Equipment Parts Fleet Operating
270468 411 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
270387 400 HYDRO-VAC INC Equipment Repair & Maint Stormwater Collection
1023752 397 CONCRETE CUTTING AND CORING Small Tools Water Distribution
270339 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service
1023799 385 XCEL ENERGY Electric Forest Hills Park
270356 384 DELTA DENTAL Payroll-ExecutiveDirector 494 Corridor Commission
270434 383 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk
1023735 381 METROPOLITAN AIRPORTS COMMISSION Other Rentals Flying Cloud Fields
270408 380 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Utility Operations - General
270575 376 STRAND MANUFACTURING CO INC Equipment Repair & Maint Wastewater Lift Station
270441 375 SUPERIOR STRIPING INC Capital Under $25,000 Fleet Operating
270498 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
270513 372 GALLS LLC Clothing & Uniforms Volunteers
270355 372 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating
270573 363 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
270392 363 INTERTECH INC Contract Development IT Operating
270377 361 GERTENS Landscape Materials/Supp Purgatory Creek Park
1023797 360 WATSON CO INC, THE Merchandise for Resale Concessions
1023725 356 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
270403 353 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
270555 350 MUNSON MIKE Other Contracted Services Fall Harvest
1023727 350 GRAINGER Repair & Maint. Supplies Facilities Staff
270475 336 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
270517 331 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
7309 316 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
270461 315 FARIBAULT COUNTY SHERIFFS OFFICE Deposits General Fund
270521 300 HALE, WILLIAM Other Contracted Services Fall Harvest
270536 300 JOHNSON ARIEL Other Contracted Services Theatre Initiative
1023771 300 WENCK ASSOCIATES INC Other Contracted Services Stormwater Non-Capital
270321 299 ABRA AUTO BODY & GLASS Equipment Repair & Maint Fleet Operating
1023723 298 COMPRESSED AIR CONCEPTS LLLC Contract Svcs - General Bldg Maintenance Facility
1023699 295 BERRY COFFEE COMPANY Merchandise for Resale Concessions
270551 285 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
270539 274 KENDELL DOORS & HARDWARE INC Supplies - Security Fitness/Conference - Cmty Ctr
270423 274 PRINT SOURCE MINNESOTA Printing Arts in the Park
270360 270 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Den Road Liquor Store
1023786 270 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
270349 266 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
270372 264 FIRST ARRIVING, LLC Equipment Repair & Maint Public Safety Communications
270439 252 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1023782 251 GRAINGER Supplies - HVAC General Community Center
270323 248 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Street Maintenance
270490 238 CINTAS Operating Supplies Park Maintenance
270570 231 STAPLES ADVANTAGE Office Supplies Customer Service
270553 228 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
270368 223 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital
270424 219 PROP - PR Charitable Contributions Health and Benefits
1023747 218 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store
270407 210 MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues & Subscriptions City Council
Check #Amount Supplier / Explanation Account Description Business Unit Comments270482210BRYJAK GEORGE Licenses, Taxes, Fees Theatre Initiative
270511 210 FLANAGAN ANNE Licenses, Taxes, Fees Theatre Initiative
270541 210 LEVINE KEN Licenses, Taxes, Fees Theatre Initiative
270542 210 LEVINE MARK HARVEY Licenses, Taxes, Fees Theatre Initiative
270545 210 MALLON ERIN Licenses, Taxes, Fees Theatre Initiative
270572 210 STEADMAN SUSAN Licenses, Taxes, Fees Theatre Initiative
1023736 201 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1023755 201 HOBART Contract Svcs - Garden Rm/Caf.Garden Room Repairs
7304 200 FURTHER - AKA SELECT HRA Health and Benefits
270506 198 EVERSON MIKE Mileage & Parking Utility Operations - General
270586 198 ZAFFT, WILL Mileage & Parking Utility Operations - General
270446 197 TUPY BUTCH Mileage & Parking Utility Operations - General
270320 195 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
1023766 195 SULLIVAN, ANDREW J Mileage & Parking Utility Operations - General
270548 192 MID-AMERICA FESTIVALS Deposits General Fund
1023756 182 JOHNSTONE SUPPLY Supplies - HVAC Fitness/Conference - Cmty Ctr
1023800 179 ZIEGLER INC Equipment Repair & Maint Fleet Operating
270384 176 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
270543 163 LUBE-TECH & PARTNERS LLC Equipment Parts Fleet Operating
1023706 160 HESSEL, ZACK Clothing & Uniforms Police Sworn
1023721 157 CDW GOVERNMENT INC.Operating Supplies IT Operating
270444 156 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
270456 152 WERNER ELECTRIC SUPPLY CO.Supplies - HVAC Utility Operations - General
1023743 150 USA SECURITY Maintenance Contracts Water Treatment
1023761 143 MUNOZ, CESAR Travel Expense Police Sworn
270370 140 FEDEX Other Contracted Services Police Sworn
270522 140 HAMBEK KAYLA Licenses, Taxes, Fees Theatre Initiative
270450 138 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1023750 136 CARLSTON, BRANDON Motor Fuels Fleet Operating
270414 135 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance
270464 130 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Water Distribution
1023697 127 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Fire Station #3
270466 125 ALSDURF LORI Other Contracted Services Theatre Initiative
270515 125 GIEFER CHAD R Other Contracted Services Theatre Initiative
270554 125 MORRISON CAROLINE Other Contracted Services Theatre Initiative
1023764 123 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
270581 122 VERIZON WIRELESS Cell/Pager Plans E-911 Program
1023711 117 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
270375 116 GALLS LLC Clothing & Uniforms Police Sworn
270445 110 TUCKER DOUG Mileage & Parking Athletic Programs Admin
1023763 104 PARK SUPPLY OF AMERICA INC Supplies - Plumbing Fitness/Conference - Cmty Ctr
270359 101 E A SWEEN COMPANY Merchandise for Resale Concessions
270345 101 COMCAST Cable TV Fire
270319 100 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
270488 100 CERVANTES JUSTIN Other Contracted Services Theatre Initiative
270574 100 STONE GLEN Other Contracted Services Theatre Initiative
270584 100 WILLIAMS TIM Other Contracted Services Theatre Initiative
270549 100 MINNESOTA ATHLETIC APPAREL Operating Supplies-Award/Retir Fire
1023708 98 MPX GROUP, THE Office Supplies Fire
270477 98 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments27055296MN HARVEST LLC Liquor Product Received Prairie Village Liquor Store
1023765 95 ROSE, ALECIA Travel Expense Human Resources
270430 94 SHRED RIGHT Waste Disposal City Hall (City Cost)
270334 90 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
270496 89 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
270437 89 STERLING FENCE INC Building Materials Park Maintenance
270493 88 COMCAST Internet IT Operating
270499 85 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1023760 83 MPX GROUP, THE Printing Police Sworn
1023780 83 FILTRATION SYSTEMS Supplies - HVAC Fitness/Conference - Cmty Ctr
270436 83 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
270467 81 ALTEC INDUSTRIES INC Operating Supplies Tree Disease
270344 81 COMCAST Equipment Repair & Maint E-911 Program
1023698 78 BATTERIES PLUS Operating Supplies Fire
270333 75 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
270476 70 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
270492 67 COMCAST Cable TV Fire
1023757 65 LINDAHL, DAVID Mileage & Parking Economic Development
270417 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
270478 63 BRANHAM THOMAS Other Contracted Services Theatre Initiative
270564 63 RAMIREZ STEVEN Other Contracted Services Theatre Initiative
270325 61 ALTEC INDUSTRIES INC Equipment Repair & Maint Park Maintenance
270449 58 UNITED WAY Charitable Contributions Health and Benefits
270435 57 STAPLES ADVANTAGE Office Supplies Customer Service
270431 57 SIGNSOURCE Supplies - General Bldg Fitness/Conference - Cmty Ctr
1023781 56 GINA MARIAS INC Operating Supplies Volunteers
270580 55 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
270346 52 COMCAST Internet IT Operating
270432 51 SIR KNIGHT CLEANERS Operating Supplies Fire
270388 50 IMMANUEL LUTHERAN CHURCH P&R Refunds Community Center Admin
270363 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
270479 46 BRASS FOUNDERY Liquor Product Received Prairie View Liquor Store
270367 45 EHMKE, ABIGAIL Mileage & Parking Pool Operations
270362 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
270364 42 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
1023739 41 SPS COMPANIES Repair & Maint. Supplies Park Maintenance
270415 41 MSC INDUSTRIAL SUPPLY CO INC Small Tools Water Treatment
270463 40 A TO Z RENTAL CENTER Equipment Repair & Maint Park Maintenance
270365 36 EDEN PRAIRIE MONTESSORI LEARNING CENTER Electric Economic Development Fund
270374 35 FRYE, HILARY Operating Supplies Arts Center
7307 32 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
1023731 31 JASPER ENGINEERING & EQUIPMENT COMPANY Equipment Parts Water Treatment
1023793 28 SPRINT Cell/Pager Plans IT Operating
270438 28 SUBASIC, NIHADA P&R Refunds Community Center Admin
270491 27 COMCAST Other Contracted Services Police Sworn
270526 26 HENNEPIN COUNTY ATTORNEY'S OFFICE Miscellaneous DWI Forfeiture
270353 23 CUB FOODS EDEN PRAIRIE Clothing & Uniforms Volunteers
1023714 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Water Distribution
270527 20 HENNEPIN COUNTY GOVERNMENT CENTER Dues & Subscriptions Engineering
270514 20 GHODOUSSI REZA AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments27050415EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital
270404 15 MAHONEY, DEBI Tuition Reimbursement/School Fitness Classes
270571 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
270410 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
270400 8 LUBE-TECH & PARTNERS LLC Equipment Parts Fleet Operating
1023742 5 UPS Postage Human Resources
2,402,851 Grand Total
City of Eden PrairiePurchasing Card Payment Report
10/15/2019
Amount Account Description Business Unit
9,500 Operating Supplies Fire
4,181 Building Surcharge General Fund
3,633 EMS Supplies Fire
2,843 Miscellaneous Internal Events
2,520 Special Event Fees Senior Center Programs
2,210 Repair & Maint. Supplies Water Treatment
2,151 Other Contracted Services Fire
1,944 Repair & Maint. Supplies Wasterwater Collection
1,619 Building Materials Capital Maint. & Reinvestment
1,495 Software/Hardware Maint.IT Operating
1,250 Operating Supplies Fire
1,231 Special Event Fees Senior Center Programs
1,175 Equipment Repair & Maint Stormwater Collection
1,140 Software/Hardware Maint.IT Operating
1,118 Capital Under $25,000 Fleet Operating
1,077 Operating Supplies Police Sworn
1,043 Advertising Community Center Admin
1,000 Equipment Repair & Maint Stormwater Collection
938 Operating Supplies Street Maintenance
888 Special Event Fees Trips
825 Office Supplies Utility Operations - General
819 Other Contracted Services Facilities Staff
780 Clothing & Uniforms Police Sworn
724 Operating Supplies Police Sworn
720 Conference/Training Administration
715 Mileage & Parking Economic Development
657 Building Materials Capital Maint. & Reinvestment
645 Operating Supplies Police Sworn
623 Mechanical Surcharge General Fund
612 Operating Supplies Street Maintenance
600 Licenses, Taxes, Fees Utility Operations - General
600 Tuition Reimbursement/School Police Sworn
576 Equipment Parts Fleet Operating
527 Licenses, Taxes, Fees Fitness Classes
525 Tuition Reimbursement/School Police Sworn
525 Conference/Training Assessing
525 Conference/Training Assessing
525 Conference/Training Assessing
518 Special Event Fees Trips
515 Tuition Reimbursement/School Police Sworn
493 Travel Expense Community Development Admin.
458 Other Contracted Services Community Center Admin
457 Conference/Training Human Resources
450 Tuition Reimbursement/School Police Sworn
408 Bank and Service Charges Den Road Liquor Store
Amount Account Description Business Unit399Landscape Materials/Supp Street Maintenance
398 Tuition Reimbursement/School Police Sworn
397 Tuition Reimbursement/School Police Sworn
392 Operating Supplies Outdoor Center
378 Operating Supplies Fire
375 Tuition Reimbursement/School Police Sworn
368 Repair & Maint. Supplies Water Treatment
362 Miscellaneous City Council
360 Licenses, Taxes, Fees Street Maintenance
350 Repair & Maint. Supplies Water Treatment
349 Dues & Subscriptions Communications
345 Conference/Training Fire
345 Conference/Training Fire
328 Travel Expense Assessing
326 Conference/Training Parks Administration
325 Other Contracted Services Theatre Initiative
320 Awards Pickleball
309 Operating Supplies Police Sworn
302 Operating Supplies Arts Center
300 Repair & Maint. Supplies Water Treatment
298 Equipment Repair & Maint Wasterwater Collection
290 Conference/Training Utility Operations - General
290 Conference/Training Utility Operations - General
290 Conference/Training Utility Operations - General
290 Conference/Training Utility Operations - General
290 Conference/Training Utility Operations - General
275 Operating Supplies Community Center Admin
275 Dues & Subscriptions Facilities Staff
272 Plumbing Surcharge General Fund
270 Operating Supplies Senior Center Admin
263 Operating Supplies Theatre Initiative
250 Tuition Reimbursement/School Police Sworn
250 Dues & Subscriptions Human Resources
250 Bank and Service Charges Prairie View Liquor Store
247 Investigation Travel Fire
246 Operating Supplies Senior Center Admin
240 Conference/Training Pool Operations
240 Clothing & Uniforms Wasterwater Collection
234 Operating Supplies Police Sworn
230 Travel Expense Economic Development
230 Miscellaneous City Council
220 Operating Supplies Arts Center
216 Telephone IT Operating
216 Operating Supplies Playgrounds
214 Advertising Arts
214 Fire Prevention Supplies Fire
203 Clothing & Uniforms Pool Operations
200 Awards Pickleball
199 Building Materials Capital Maint. & Reinvestment
Amount Account Description Business Unit199Dues & Subscriptions Communications
199 Tuition Reimbursement/School Police Sworn
195 Bank and Service Charges Prairie Village Liquor Store
194 Other Contracted Services Prairie Village Liquor Store
194 Other Contracted Services Prairie View Liquor Store
186 Operating Supplies Fire
183 Operating Supplies Fire
180 Travel Expense Assessing
175 Tuition Reimbursement/School Police Sworn
175 Tuition Reimbursement/School Police Sworn
175 Tuition Reimbursement/School Police Sworn
175 Tuition Reimbursement/School Police Sworn
175 Tuition Reimbursement/School Police Sworn
175 Tuition Reimbursement/School Police Sworn
173 Operating Supplies Volunteers
172 Operating Supplies Fire
172 Training Supplies Police Sworn
170 Travel Expense Tree Disease
170 Conference/Training Finance
162 Operating Supplies Pool Operations
160 Operating Supplies Police Sworn
150 Tuition Reimbursement/School Police Sworn
149 Operating Supplies Elections
148 Special Event Fees Trips
146 Operating Supplies Park Facilities
140 Process Control Equipment IT Operating
135 Equipment Parts Fleet Operating
134 Repair & Maint. Supplies City Center - CAM
133 Office Supplies Utility Operations - General
133 Building Repair & Maint.Utility Operations - General
132 Repair & Maint. Supplies General Community Center
132 Operating Supplies Arts Center
130 Conference/Training Youth Programs Admin
129 Operating Supplies Park Maintenance
128 Tuition Reimbursement/School Police Sworn
124 Small Tools Street Maintenance
123 Building Materials Capital Maint. & Reinvestment
120 Operating Supplies Tree Disease
120 Licenses, Taxes, Fees Police Sworn
120 Dues & Subscriptions Police Sworn
120 Repair & Maint. Supplies Maintenance Facility
115 Operating Supplies Day Care
107 Operating Supplies Ice Operations
107 Operating Supplies Senior Center Programs
105 Conference/Training Pool Operations
100 Advertising Recreation Admin
100 Awards Pickleball
100 Licenses, Taxes, Fees Fitness Classes
100 Autos Capital Maint. & Reinvestment
Amount Account Description Business Unit98Operating Supplies Police Sworn
96 Operating Supplies Pool Operations
95 Operating Supplies Police Sworn
95 Operating Supplies Fire
94 Conference/Training Facilities Staff
94 Miscellaneous Internal Events
92 Operating Supplies Pool Operations
91 Operating Supplies IT Operating
90 Operating Supplies Police Sworn
90 Small Tools Fleet Operating
90 Other Contracted Services Fire
89 Operating Supplies Pool Operations
88 Equipment Parts Fleet Operating
84 Operating Supplies Park Maintenance
84 Miscellaneous Engineering
81 Miscellaneous Community Development Admin.
80 Office Supplies Police Sworn
80 Operating Supplies Park Maintenance
80 Investigation Travel Fire
78 Clothing & Uniforms Park Maintenance
78 Operating Supplies Police Sworn
76 Operating Supplies Outdoor Center
76 Conference/Training Pool Operations
75 Operating Supplies Pool Operations
75 Equipment Parts Fleet Operating
74 Operating Supplies Fire
73 Fire Prevention Supplies Fire
71 Merchandise for Resale Concessions
70 Merchandise for Resale Concessions
70 Special Event Fees New Adaptive
70 Dues & Subscriptions Park Maintenance
69 Repair & Maint. Supplies Water Distribution
69 Operating Supplies Fire
68 Operating Supplies Park Maintenance
66 Operating Supplies Park Maintenance
66 Operating Supplies Police Sworn
65 Mileage & Parking Community Development Admin.
65 Deposits General Fund
64 Landscape Materials/Supp Street Maintenance
63 Building Materials Capital Maint. & Reinvestment
63 Operating Supplies Fire
63 Operating Supplies Den Road Liquor Store
62 Other Contracted Services Recreation Admin
62 Equipment Repair & Maint Senior Center Programs
60 Licenses, Taxes, Fees Utility Operations - General
60 Operating Supplies New Adaptive
60 Operating Supplies Fire
60 Dues & Subscriptions Engineering
59 Operating Supplies Community Center Admin
Amount Account Description Business Unit58Repair & Maint. Supplies Police (City Cost)
58 Repair & Maint. Supplies Stormwater Collection
57 Merchandise for Resale Concessions
56 Operating Supplies Park Maintenance
56 Software/Hardware Maint.IT Operating
56 Equipment Repair & Maint Senior Center Programs
55 Merchandise for Resale Concessions
55 Dues & Subscriptions Economic Development
55 Dues & Subscriptions Assessing
55 Operating Supplies Outdoor Center
55 Merchandise for Resale Concessions
55 Training Supplies Human Resources
54 Operating Supplies Day Camp
54 Operating Supplies IT Operating
53 Clothing & Uniforms Den Road Liquor Store
53 Clothing & Uniforms Prairie Village Liquor Store
53 Clothing & Uniforms Prairie View Liquor Store
53 Operating Supplies Playgrounds
52 Small Tools Stormwater Collection
51 Operating Supplies Fire
50 Operating Supplies Park Maintenance
50 Operating Supplies Park Maintenance
50 Operating Supplies Police Sworn
50 Operating Supplies Pool Operations
50 Operating Supplies Playgrounds
50 Software IT Operating
49 Merchandise for Resale Concessions
49 Merchandise for Resale Concessions
48 Operating Supplies Outdoor Center
48 Operating Supplies Fire
47 Operating Supplies Arts Center
46 Conference/Training Utility Operations - General
46 Operating Supplies Theatre Initiative
45 Repair & Maint. Supplies Dunn Brothers
45 Office Supplies Police Sworn
45 Operating Supplies IT Operating
45 Merchandise for Resale Concessions
45 Operating Supplies Park Maintenance
44 Landscape Materials/Supp Park Maintenance
44 Operating Supplies Arts Center
43 Repair & Maint. Supplies Water Distribution
42 Operating Supplies Special Events Admin
42 Operating Supplies Prairie View Liquor Store
42 Operating Supplies Arts
42 Merchandise for Resale Concessions
41 Operating Supplies Tennis
41 Operating Supplies Police Sworn
41 Repair & Maint. Supplies Stormwater Collection
40 Merchandise for Resale Concessions
Amount Account Description Business Unit40Operating Supplies Park Maintenance
39 Operating Supplies Prairie Village Liquor Store
39 Operating Supplies Arts Center
38 Repair & Maint. Supplies Water Metering
38 Operating Supplies Playgrounds
38 Operating Supplies Fitness Classes
37 Merchandise for Resale Concessions
37 Merchandise for Resale Concessions
36 Operating Supplies Fleet Operating
36 Operating Supplies Senior Center Admin
36 Operating Supplies Day Camp
34 Operating Supplies Fire
34 Repair & Maint. Supplies City Center - CAM
34 Office Supplies Outdoor Center
32 Equipment Repair & Maint Water Metering
32 Computers IT Operating
32 Operating Supplies Fire
31 Operating Supplies Staring Lake
31 Equipment Repair & Maint Fire
31 Equipment Repair & Maint Traffic Signals
30 Operating Supplies Youth Programs Admin
30 Operating Supplies Outdoor Center
30 Operating Supplies Day Camp
30 Travel Expense Communications
30 Operating Supplies New Adaptive
30 Operating Supplies IT Operating
30 Equipment Repair & Maint Senior Center Programs
30 Operating Supplies Outdoor Center
29 Operating Supplies Birthday Parties
29 Operating Supplies Arts Center
28 Office Supplies Police Sworn
28 Office Supplies Police Sworn
28 Operating Supplies Purgatory Creek Park
28 Operating Supplies Day Camp
28 Operating Supplies Fire
27 Operating Supplies Playgrounds
27 Tuition Reimbursement/School Police Sworn
26 Landscape Materials/Supp Street Maintenance
26 Office Supplies Arts Center
25 Operating Supplies Special Events Admin
25 Operating Supplies Police Sworn
25 Advertising Arts Center
25 Operating Supplies Outdoor Center
25 Operating Supplies Fire
25 Conference/Training Parks Administration
24 Licenses, Taxes, Fees Park Maintenance
24 Licenses, Taxes, Fees Park Maintenance
24 Special Event Fees Senior Center Programs
24 Small Tools Fire
Amount Account Description Business Unit23Merchandise for Resale Concessions
23 Operating Supplies Outdoor Center
23 Operating Supplies IT Operating
22 Merchandise for Resale Concessions
22 Operating Supplies Safety Camp
22 Operating Supplies Fire
21 Employee Award Organizational Services
20 Licenses, Taxes, Fees Utility Operations - General
20 Licenses, Taxes, Fees Utility Operations - General
19 Operating Supplies Community Center Admin
18 Training Supplies Police Sworn
18 Operating Supplies Park Maintenance
18 Operating Supplies Police Sworn
18 Equipment Parts Fleet Operating
17 Operating Supplies Staring Lake Concert
17 Dues & Subscriptions Ice Lessons
17 Operating Supplies Winter Theatre
17 Computers IT Operating
17 Computers IT Operating
17 Operating Supplies Arts Center
17 Operating Supplies Arts Center
16 Operating Supplies Theatre Initiative
16 Operating Supplies Pool Operations
16 Operating Supplies Pool Operations
16 Repair & Maint. Supplies Police (City Cost)
15 Merchandise for Resale Concessions
15 Merchandise for Resale Concessions
15 Equipment Repair & Maint Public Safety Communications
15 Computers IT Operating
15 Operating Supplies Police Sworn
14 Operating Supplies Volunteers
14 Operating Supplies Fire
14 Operating Supplies Riley Lake
14 Operating Supplies New Adaptive
14 Operating Supplies Arts Center
13 Operating Supplies Arts Center
13 Operating Supplies IT Operating
13 Merchandise for Resale Concessions
13 Operating Supplies Community Center Admin
13 Operating Supplies Park Maintenance
13 Operating Supplies Police Sworn
12 Operating Supplies Arts Center
12 Operating Supplies Youth Programs Admin
12 Clothing & Uniforms Theatre Initiative
12 Merchandise for Resale Concessions
12 Operating Supplies Theatre Initiative
11 Operating Supplies Arts Center
11 Operating Supplies Police Sworn
11 Operating Supplies Outdoor Center
Amount Account Description Business Unit11Employee Award Organizational Services
10 Repair & Maint. Supplies City Hall (City Cost)
10 Merchandise for Resale Concessions
10 Operating Supplies Birthday Parties
9 Operating Supplies Fitness Admin.
8 Equipment Repair & Maint Senior Center Programs
8 Operating Supplies Outdoor Center
8 Merchandise for Resale Concessions
8 Merchandise for Resale Concessions
8 Operating Supplies IT Operating
7 Operating Supplies Arts
7 Operating Supplies Outdoor Center
6 Operating Supplies Playgrounds
6 Office Supplies Utility Operations - General
6 Operating Supplies IT Operating
6 Merchandise for Resale Concessions
5 Operating Supplies Round Lake Beach
5 Licenses, Taxes, Fees Fleet Operating
5 Licenses, Taxes, Fees Fleet Operating
4 Operating Supplies Park Maintenance
3 Operating Supplies Fitness Classes
2 Merchandise for Resale Concessions
1 Bank and Service Charges Customer Service
1 Other Contracted Services Communications
1 Other Contracted Services Communications
-7 Operating Supplies Fire
-7 Clothing & Uniforms Wasterwater Collection
-12 Deposits General Fund
-19 Operating Supplies Park Maintenance
-45 Operating Supplies IT Operating
-50 Building Materials Park Maintenance
-65 Operating Supplies Concessions
-90 Operating Supplies Police Sworn
-102 Other Revenue General Fund
-175 Tuition Reimbursement/School Police Sworn
-175 Tuition Reimbursement/School Police Sworn
-175 Tuition Reimbursement/School Police Sworn
-175 Tuition Reimbursement/School Police Sworn
-175 Tuition Reimbursement/School Police Sworn
-175 Tuition Reimbursement/School Police Sworn
-199 Tuition Reimbursement/School Police Sworn
-293 Equipment Repair & Maint Stormwater Collection
-359 Deposits General Fund
-495 Conference/Training Assessing
-4,501 Other Revenue General Fund
80,519 Report Total