HomeMy WebLinkAboutCity Council - 11/12/2019AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, NOVEMBER 12, 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. 2020-2021 ENTERPRISE FUND BUDGETS
Open Podium - Council Chamber (6:30)
II.OPEN PODIUM
III.ADJOURNMENT
2020/2021 Utility
Budgets
11/12/2019
Goals of the Utility System
•Deliver:
–A safe and reliable supply of water
–The safe collection and removal of wastewater
–A storm water and natural waterway system that protects property, people,
and the environment
–A reasonable rate structure so that we can provide services and continued
capital investment
–A rate structure that promotes conservation
History of Conservation Rate Approach
2010
Cost of Seasonal Irrigation
Evaluated
2010 201720142013
2013
Rate Structure Performance
Evaluated for Additional
Conservation Potential
2011
2011
5-Tier Rate Structure Adopted
2012 2015 2016
2014
5-Tier Rate Structure Modified
to further Promote
Conservation
Pre-2010
Constant Block Structure
Conservation Surcharge > 150%
of Winter Quarter Usage
2017
Update Financial Plan for Utilities,
Addressing Conservation Impacts
and Continued Conservation
Approach
Operating Results are Consistent with the Rate
Study
2018 2019 2020 2021
Water Flow (1,000 gallons)
Utility Rate Study 2,322,793 2,306,781 2,290,930 2,275,236
Actual 2,321,085
Water Revenue Utility Rate Study 8,322,022$ 8,789,099$ 9,179,419$ 9,528,351$
Actual 8,301,655$
Wastewater Flow (1,000 gallons)
Utility Rate Study 1,474,688 1,459,942 1,445,342 1,430,889
Actual 1,469,306
Wastewater Revenue Utility Rate Study 6,414,531$ 6,934,628$ 7,192,828$ 7,453,063$
Actual 6,356,014$
Stormwater Revenue Utility Rate Study 2,655,182$ 3,053,459$ 3,297,735$ 3,561,554$
Actual 2,726,255$
Our Rates are
Similar to Other
Cities
2019 Rate Study by AE2S
Average Utility Bill
18,000 gallons a quarter
2019 2020 2021 2022 2023
Water 40.50 42.30 43.20 44.28 45.54
Sewer 62.10 63.90 65.70 67.68 69.66
Storm 15.10 16.3 17.6 18.12 18.66
Base Charge 36.00 39 42 43.5 45
Total quarterly amount 153.70$ 161.50$ 168.50$ 173.58$ 178.86$
Percent Change 5.1%4.3%3.0%3.0%
Monthly 51.23$ 53.83$ 56.17$ 57.86$ 59.62$
Yearly 614.80$ 646.00$ 674.00$ 694.32$ 715.44$
2020/2021 Rate Changes
ITEM - ACTIVITY DESCRIPTION % change
'19 to '20
% change
'20 to '21
Sanitary sewer
Sanitary sewer Per 1,000 gallons 3%3%
Water (Residential)
Per 1,000 gallons
Tier 1 0 to 20,000 gallons 4%2%
Tier 2 20,001 to 40,000 gallons 5%3%
Tier 3 40,001 to 60,000 gallons 5%3%
Tier 4 60,001 and above 4%3%
Water
All Other Classes (includes commercial, apartments, institutions, etc)4%2%
Base Charges
Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 8%8%
Base charges are billed on the greater of the number of R.E.C.'s on connections
Storm Drainage
All Properties Each 8%8%
IRRIGATION
Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year.
Tier 1 0 to 13,000 gallons 5%3%
Tier 2 13,001-20,000 gallons 5%3%
Tier 3 20,001 and above 4%3%
Water Operations
History of Utility Water Rate Ranges
Quarterly Usage
Year Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
2021 20 40 60 61 plus
2020 20 40 60 61 plus
2019 20 40 60 61 plus
2018 20 40 60 61 plus
2017 24 40 60 90 91 plus
2016 24 40 60 90 91 plus
2015 24 40 60 90 91 plus
2014 24 40 60 90 91 plus
2013 36 48 60 78 79 plus
2012 36 48 60 78 79 plus
2011 36 48 60 78 79 plus
Gallons (in thousands)
Average Quarterly Residential Water Use
2018 Data
Tier 1 (0-24,000
gallons), 76%
Tier 2 (24,001-
40,000 gallons),
15%
Tier 3 (40,001-
60,000 gallons),
5%
Tier 4 (60,001
gallons & above),
4%
History of Utility Water Rate Ranges -Irrigation
Monthly Usage
Year Tier 1 Tier 2 Tier 3 Tier 4
2021 13 20 21 plus
2020 13 20 21 plus
2019 13 20 21 plus
2018 13 20 21 plus
2017 13 20 30 31 plus
2016 13 20 30 31 plus
2015 13 20 30 31 plus
2014 13 20 30 31 plus
2013 16 20 26 27 plus
2012 16 20 26 27 plus
2011 16 20 26 27 plus
Gallons (in thousands)
Average Monthly Irrigation Water Use
2018 Data
Tier 1 (0-13,000
gallons), 42%
Tier 2 (13,001-
20,000 gallons),
3%
Tier 3 (20,001
gallons & above),
55%
Water USE Has Declined
2,300,000
2,500,000
2,700,000
2,900,000
3,100,000
3,300,000
3,500,000
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
G
A
L
L
O
N
S
Water used (millions)
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
3,384,239 2,855,245 2,663,530 2,989,146 2,662,990 2,427,422 2,322,584 2,355,588 2,303,546 2,321,085
Water budget
2019 2020 Percent 2021 Percent
Revenues Budget Proposed Difference Change Proposed Difference Change
Operating Revenues 8,895,099$ 9,285,419$ 390,320$ 4.4%9,634,351$ 348,932$ 3.8%
Non-Operating Revenues 411,000 477,125 66,125 16.1%493,822 16,697 3.5%
9,306,099$ 9,762,544$ 456,445$ 4.9%10,128,173$ 365,629$ 3.7%
Expenses
Personnel Services 2,771,245$ 2,878,302$ 107,057$ 3.9%2,991,807$ 113,505$ 3.9%
Supplies 1,083,732 999,739 (83,993) (7.8%)1,023,109 23,370 2.3%
Contractual Services 2,368,002 2,555,104 187,102 7.9%2,619,128 64,024 2.5%
User Charges 306,782 319,547 12,765 4.2%332,184 12,637 4.0%
Capital Under $25,000 287,556 344,314 56,758 19.7%341,961 (2,353) (0.7%)
6,817,317$ 7,097,006$ 279,689$ 4.1%7,308,189$ 211,183$ 3.0%
Other
Capital Outlay 897,744 222,000 (675,744) (75.3%)216,500 (5,500) (2.5%)
Depreciation 2,865,852 3,101,573 235,721 8.2%3,114,130 12,557 0.4%
Non-Operating Expenses 64,765 47,890 (16,875) (26.1%)30,005 (17,885) (37.3%)
Transfer Out 271,515 205,734 (65,781) (24.2%)211,613 5,879 2.9%
Change in Net Assets (1,611,094)$ (911,659)$ 699,435$ (43.4%)(752,264)$ 159,395$ (17.5%)
Wastewater Fund
Wastewater Fund
2019 2020 Percent 2021 Percent
Revenues Budget Proposed Difference Change Proposed Difference Change
Operating Revenues 6,934,629$ 7,192,828$ 258,199$ 3.7%7,453,063$ 260,235$ 3.6%
Non-Operating Revenues 187,000 105,610 (81,390) (43.5%)109,000 3,390 3.2%
7,121,629$ 7,298,438$ 176,809$ 2.5%7,562,063$ 263,625$ 3.6%
Expenses
Personnel Services 888,196$ 916,186$ 27,990$ 3.2%951,946$ 35,760$ 3.9%
Supplies 163,426 102,000 (61,426) (37.6%)102,000 - 0.0%
Contractual Services 4,705,140 4,489,117 (216,023) (4.6%)4,676,212 187,095 4.2%
User Charges 247,434 246,208 (1,226) (0.5%)255,597 9,389 3.8%
Capital Under $25,000 97,420 97,420 - 0.0%97,420 - 0.0%
6,101,616$ 5,850,931$ (250,685)$ (4.1%)6,083,175$ 232,244$ 4.0%
Other
Capital Outlay 1,124,420 200,000 (924,420) (82.2%)200,000 - 0.0%
Depreciation 1,684,098 1,652,413 (31,685) (1.9%)1,653,679 1,266 0.1%
Non-Operating Expenses 5,550 2,850 (2,700) (48.6%)- (2,850) (100.0%)
Transfer Out 128,127 144,014 15,887 12.4%148,130 4,116 2.9%
Change in Net Assets (1,922,182)$ (551,770)$ 1,370,412$ (71.3%)(522,921)$ 28,849$ (5.2%)
Annual MCES Charges
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Annual MCES Charges
Stormwater Fund
Stormwater Fund
2019 2020 Percent 2021 Percent
Revenues Budget Proposed Difference Change Proposed Difference Change
Operating Revenues 3,053,459$ 3,297,735$ 244,276$ 8.0%3,561,554$ 263,819$ 8.0%
Non-Operating Revenues 3,000 20,000 17,000 566.7%15,000 (5,000) 0.0%
3,056,459$ 3,317,735$ 261,276$ 8.5%3,576,554$ 258,819$ 7.8%
Expenses
Personnel Services 664,751$ 693,819$ 29,068$ 4.4%719,769$ 25,950$ 3.7%
Supplies 128,471 140,686 12,215 9.5%147,310 6,624 4.7%
Contractual Services 482,155 448,020 (34,135) (7.1%)506,080 58,060 13.0%
User Charges 108,560 135,371 26,811 24.7%139,868 4,497 3.3%
Capital Under $25,000 35,361 42,000 6,639 18.8%44,500 2,500 6.0%
1,419,298$ 1,459,896$ 40,598$ 2.9%1,557,527$ 97,631$ 6.7%
Other
Capital Outlay 985,000 1,175,000 190,000 19.3%1,330,000 155,000 13.2%
Depreciation 993,345 1,121,442 128,097 12.9%1,124,794 3,352 0.3%
Non-Operating Expenses 9,430 7,858 (1,572) (16.7%)6,287 (1,571) 0.0%
Transfer Out 60,690 61,720 1,030 1.7%63,484 1,764 2.9%
Change in Net Assets (411,304)$ (508,181)$ (96,877)$ 23.6%(505,538)$ 2,643$ (0.5%)
Fund Balance
Fund Balance Policy
•Enterprise Funds
–90 days of operating expense
–Following Year Debt Service Payment
–SAC/WAC for system expansion
–Two Years Capital Expense
•Results as of 12/31/2018
–Water: Balance $13,031,720 –Policy Met $12,441,105
–Wastewater: Balance $5,795,879 –Policy Met $4,878,520
–Storm: Balance $2,594,648 –Per Policy $3,731,600
Liquor Operations
2020/2021 Budget
Store history
Store History
Prairie Village (Kowalski’s) –1977
Updated in 2008 , 5,250 SF to 8,000 SF
Den Road (Cub Foods)-1997
Updated in 2007, 5,900 SF to 7,688 SF, added 600 SF storage
in 2014
Prairie View (Byerly’s) –1992
Updated in 2010, 4,284 SF to 8,000 SF
Goals
Control alcohol sold in Eden Prairie
Maximize Profit to Support the City’s Capital
Improvement Program
Provide Exceptional Service, Selection, and
Convenience
Engage in the Community
Eden Prairie Rotary
Eden Prairie Foundation
Parks and Recreation Events
PROP People Reaching Out to People
Year to Date Sales
Year To Date Net Sales
2019 2018 Incr. (Decr.)
Store 1 $ 1,982,332 $ 1,879,760 $102,572 5.5%
Store 2 4,088,880 4,023,486 65,394 1.6%
Store 3 2,510,674 2,460,485 50,189 2.0%
$ 8,581,886 $ 8,363,731 $218,156 2.6%
Year to Date Customer Count
2019 2018 Incr. (Decr.)
Store 1 79,877 77,098 2,779 3.6%
Store 2 173,531 173,178 353 0.2%
Store 3 109,831 109,458 373 0.3%
363,239 359,734 3,505 1.0%
Year to Date Average Sale Per Customer
2019 2018 Incr. (Decr.)
Store 1 $ 24.82 $ 24.38 $ 0.44 1.8%
Store 2 23.56 23.23 0.33 1.4%
Store 3 22.86 22.48 0.38 1.7%
23.63 23.25 0.38 1.6%
Current priorities
Customer Service
Retention/Loyalty
Employee Development
Focus on GUEST
Communication
Electronic Marketing
Facebook
Events
Events
Host events to better educate our customers and
provide additional service to our customers.
Eventbrite
In-Store Educational Events
First Wednesday of every month
Tabor Winery from Israel, Ruffino Wines of Italy, Opici Wines
from Tuscany, Juan Gil Spanish Portfolio, Diageo Scotch, 3
Badge Spirits, New Belgium Brewing, Bacardi Family Spirits,
Crooked Water Spirits, Napa Valley Alternatives, Michael
David Wines, J Carver Spirits
In-Store Walk Around Events
Spirits Walk Around
Bourbon Raffle Tasting
Events continued
Wine Club Events
Wines from Italy, Spring Wine Show, Orin Swift Dinner, Wines from
Argentina, Phillips Neyers Family Wines, Holiday Wine Showcase
Community Events
Arts in the Park Tasting
Music in the Park
Prairie Brewfest
PROP Partnership Events
Happy Hour for Hunger Beer Bash
Happy Hour for Hunger Wine Event
Annual $1 Drive
Customers helped raise $5,019 in 2018
Budget
2020/2021 Budget
2019 2020 Percent 2021 Percent
Liquor Stores Projected Proposed Change Proposed Change
Sales $10,900,450 $11,254,692 3.2%$11,648,606 3.5%
Cost of Sales 8,006,491 8,268,320 3.3%8,559,663 3.5%
Gross Profit 2,893,959 2,986,372 3.2%3,088,943 3.4%
Operating Expense 2,145,473 2,231,179 4.0%2,308,756 3.5%
Operating Income 790,486 800,793 1.3%826,187 3.2%
Depreciation 69,474 35,264 -49.2%--
Nonoperating Revenues
(Expenses)9,350 5,592 -40.2%5,592 -
Change in Net Assets 730,362 771,121 5.6%831,779 7.9%
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, NOVEMBER 12, 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. SUSTAINABLE EDEN PRAIRIE AWARDS
B. FLYING CLOUD AIRPORT MAC UPDATE
C. ACCEPT DONATION OF $1,500 FROM RIC ROSOW AND VICKI
UNDERLAND-ROSOW FOR INCLUSIONARY HOUSING (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 15, 2019
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 15, 2019
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. ADOPT RESOLUTION APPROVING FINAL PLAT FOR HIGHLAND
OAKS
C. APPROVE SMALL BUSINESS SATURDAY PROCLAMATION
CITY COUNCIL AGENDA
November 12, 2019
Page 2
D. ADOPT RESOLUTION TO ESTABLISH A MAXIMUM ACCRUAL FOR
DEFERRED ASSESSMENTS
E. APPROVE BRIDGE SAFETY INSPECTIONS AGREEMENT WITH
ERICKSON ENGINEERING
F. ADOPT RESOLUTIONS APPROVING QUIET ZONE GRANT
AGREEMENTS ROAD AND RAIL DESIGN
G. ADOPT RESOLUTION AUTHORIZING APPLICATION TO SEEK
REIMBURSEMENT FROM METROPOLITAN COUNCIL
ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION/INFLOW
GRANT PROGRAM
H. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 1 DUTY
CREW SLEEPING QUARTERS TO GARDNER BUILDERS
I. ADOPT RESOLUTION APPROVING HENNEPIN COUNTY ALL-
HAZARD MITIGATION PLAN
J. APPROVE PURCHASE OF COLUMBARIUM FOR PLEASANT HILL
CEMETERY FROM EICKHOF COLUMBARIA INC.
K. APPROVE PURCHASE OF PROTECTIVE GAS MASKS AND
ACCESSORIES FROM STREICHER
L. APPROVE PURCHASE OF SQUAD CAR VIDEO AND AUDIO SYSTEM
FROM WATCHGUARD VIDEO
M. APPROVE CONTRACTS WITH MOTOROLA FOR MAINTENANCE AND
RADIO EQUIPMENT
IX. PUBLIC HEARINGS / MEETINGS
A. COSTCO FUEL FACILITY EXPANSION by Barghausen Consulting Engineers,
Inc. Resolution for PUD Concept Review on 18.18 acres; First Reading of an
Ordinance for PUD District Amendment with waivers on 18.18 acres. (Ordinance
for PUD district amendment; Resolution for PUD Concept)
B. NINE MILE CREEK WATERSHED DISTRICT ADDITION by Nine Mile
Creek Watershed District. Resolution for PUD Concept Review on 5.31 acres;
First Reading of an Ordinance for PUD District Amendment with waivers on 5.31
acres. (Ordinance for PUD district amendment; Resolution for PUD Concept)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
CITY COUNCIL AGENDA
November 12, 2019
Page 3
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Resolution Authorizing Issuance of $5,125,000 General Obligation
Bonds, Series 2019A
2. Historic Yorkville and Bloomington Road Local Heritage Preservation
Designation
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: November 8, 2019
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, November 12, 2019
___________________________________________________________________________________________
TUESDAY, NOVEMBER 12, 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. SUSTAINABLE EDEN PRAIRIE AWARDS
Synopsis: The Sustainable Eden Prairie Award recognizes significant and
innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, waste, and water. The eligibility criteria includes property improvements and organized programming or initiatives so that
both physical improvements and behavioral changes can be recognized.
The recipients of the 2019 Sustainable Eden Prairie Award are:
Energy – Peggy and Bruce Kvam
Landscape – Angela Dunn
Water – Jen Heyer
Waste – PROP Food
B. FLYING CLOUD AIRPORT MAC UPDATE
C. ACCEPT DONATION OF $1,500 FROM RIC ROSOW AND VICKI UNDERLAND-ROSOW FOR INCLUSIONARY HOUSING (Resolution)
ANNOTATED AGENDA November 12, 2019
Page 2 Synopsis: A donation of $1,500 has been received from the Rosow family for Eden Prairie’s Inclusionary Housing program. MOTION: Move to adopt the Resolution accepting the donation of $1,500 from Ric Rosow and Vicki Underland-Rosow to benefit Inclusionary Housing in Eden Prairie.
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 15, 2019
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 15, 2019
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-M on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. ADOPT RESOLUTION APPROVING FINAL PLAT FOR HIGHLAND OAKS
C. APPROVE SMALL BUSINESS SATURDAY PROCLAMATION
D. ADOPT RESOLUTION TO ESTABLISH A MAXIMUM ACCRUAL FOR DEFERRED ASSESSMENTS
E. APPROVE BRIDGE SAFETY INSPECTIONS AGREEMENT WITH
ERICKSON ENGINEERING
F. ADOPT RESOLUTIONS APPROVING QUIET ZONE GRANT AGREEMENTS ROAD AND RAIL DESIGN
G. ADOPT RESOLUTION AUTHORIZING APPLICATION TO SEEK REIMBURSEMENT FROM METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION/INFLOW
GRANT PROGRAM
ANNOTATED AGENDA November 12, 2019
Page 3 H. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 1 DUTY CREW SLEEPING QUARTERS TO GARDNER BUILDERS
I. ADOPT RESOLUTION APPROVING HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN
J. APPROVE PURCHASE OF COLUMBARIUM FOR PLEASANT HILL CEMETERY FROM EICKHOF COLUMBARIA INC.
K. APPROVE PURCHASE OF PROTECTIVE GAS MASKS AND ACCESSORIES FROM STREICHER
L. APPROVE PURCHASE OF SQUAD CAR VIDEO AND AUDIO SYSTEM FROM WATCHGUARD VIDEO
M. APPROVE CONTRACTS WITH MOTOROLA FOR MAINTENANCE AND RADIO EQUIPMENT IX. PUBLIC HEARINGS / MEETINGS
A. COSTCO FUEL FACILITY EXPANSION by Barghausen Consulting Engineers,
Inc. Resolution for PUD Concept Review on 18.18 acres; First Reading of an
Ordinance for PUD District Amendment with waivers on 18.18 acres. (Ordinance for PUD district amendment; Resolution for PUD Concept)
Synopsis: The applicant is requesting to expand the existing fuel facility that has
been in place since 2003. The current fuel facility consists of eight (8) dispensers or 16 fueling stations. Proposed are four (4) dispensers increasing the total fueling stations to 24. The dispensers will be located in tandem fashion. Expansion of the canopy will cover all existing and new dispensers.
ANNOTATED AGENDA November 12, 2019
Page 4
There will be no alterations to the principal building. The plan meets landscape requirements. The applicant has submitted a narrative demonstrating the new dispensers will not create additional traffic volume as the Costco Site is a member
only facility. However, the additional dispensers will reduce wait time as
documented by a traffic study. Official notice of this public hearing was published in the October 23, 2019, Eden
Prairie News and sent to 13 property owners. The Planning Commission voted 7-
0 to recommend approval of the project. MOTION: Move to:
Close the Public Hearing; and
Adopt a Resolution for Planned Unit Development Concept Review on approximately 18.18 acres; and
Approve the 1st reading of Planned Unit Development District Review with waivers on approximately 18.18 acres; and
Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions
B. NINE MILE CREEK WATERSHED DISTRICT ADDITION by Nine Mile Creek Watershed District. Resolution for PUD Concept Review on 5.31 acres; First Reading of an Ordinance for PUD District Amendment with waivers on 5.31
acres. (Ordinance for PUD district amendment; Resolution for PUD Concept)
Synopsis: The applicant is requesting approval to construct a 486 square foot building addition onto the existing office building. The property is located at 12800 Gerard Drive just north of Gerard Drive and west of Gordon Drive. The
ANNOTATED AGENDA November 12, 2019
Page 5 property is 5.3 acres and includes the Nine Mile Creek Watershed District Offices and board room. The addition is being proposed at the northwest corner of the existing building. The proposed addition is being added to accommodate the
space needs of the existing staff. The design and building material of the addition will match the existing office portion of the building. The existing raingarden in the northwest corner of the building will be relocated to the north and east side of the new addition.
Official notice of this public hearing was published in the October 23, 2019, Eden
Prairie News and sent to 59 property owners. The Planning Commission voted 7-0 to recommend approval of the project.
MOTION: Move to:
Close the Public Hearing; and
Adopt the Resolution for the Planned Unit Development Concept Review on 5.31 acres; and
Approve the 1st Reading of the Ordinance for the Planned Unit Development District Review with waivers on 5.31 acres; and
Direct Staff to prepare a Development Agreement incorporating
Staff and Commission recommendations and Council
conditions.
X. PAYMENT OF CLAIMS
ANNOTATED AGENDA November 12, 2019
Page 6 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
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Resolution Authorizing Issuance of $5,125,000 General Obligation Bonds, Series 2019A Synopsis: The 2019A bonds will finance the construction of a four million
gallon pre-stressed concrete ground storage reservoir and a 2,400 square
foot pump station as well as a parking and turn around area for maintenance vehicles. The project is expected to be completed in 2020. MOTION: Move to adopt the resolution authorizing issuance,
awarding sale, prescribing the form and details and providing
for the payment of $5,125,000 General Obligation Bonds,
Series 2019A.
2. Historic Yorkville and Bloomington Road Local Heritage Preservation Designation Synopsis: The Eden Prairie Heritage Preservation Commission (HPC) held a public hearing on October 21, 2019 and recommended the City Council designate a segment of the historic Yorkville and Blooming Trail located within the City-owned James A. Brown Conservation Area as a
Heritage Preservation Site. Once designated by the City Council, the HPC
will prepare a Heritage Preservation Plan to:
Identify significant features of the Heritage Site
Provide preservation guidelines
Develop a vegetation management plan for the Site
The Planning Commission reviewed the designation request at their
October 28, 2019 meeting and found it consistent with the City’s Comprehensive Plan and recommended approval to City Council.
ANNOTATED AGENDA November 12, 2019
Page 7 MOTION: Move to designate a segment of the historic
Yorkville & Bloomington Road within the James A. Brown
Conservation Area as depicted in the enclosed nomination report as a Heritage Preservation Site under City Code Chapter 11.05, Criterion 1, “In association with events that have made significant contribution to the broad patterns of Eden Prairie’s history.”
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 / Presentations
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Robert Ellis Public Works
ITEM DESCRIPTION:
2019 Sustainable Eden Prairie Awards
ITEM NO.:
IV.A.
Requested Action
No formal action is requested. Staff will provide background and several Conservation Commissioners will present the award to the four recipients. Synopsis
The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, waste, and
water. The eligibility criteria includes property improvements and organized programming or
initiatives so that both physical improvements and behavioral changes can be recognized. The recipients of the 2019 Sustainable Eden Prairie Award are:
Energy – Peggy and Bruce Kvam
Landscape – Angela Dunn
Water – Jen Heyer
Waste – PROP Food
Background This is the third year the Sustainable Eden Prairie Award will be recognized by the City Council. The nomination period was open from June through August. Staff engaged the Conservation
Commission in September to review the nominations and provide recommendations. Award recipients will receive a commemorative plaque. Conservation Commission Members and Students on Commission are:
Cindy Hoffman
Anna Anderson, Chair
Debjyoti Dwivedy
JoAnn McGuire
Daniel Katzenberger
Kate Lohnes, Vice Chair
Jeanne DeSanctis
Priya Senthilkumar
Aaron Poock
Abhiram Nallamalli
Kiersten Orning
Mina Kim
Nile Timmerman
Rohin Gurumurthy
CITY COUNCIL AGENDA
SECTION: Proclamations & Presentations
DATE
November 12, 2019
DEPARTMENT / DIVISION
Janet Jeremiah, Director, Community Development
ITEM DESCRIPTION
Donation from Ric Rosow and Vicki Underland-Rosow to benefit Inclusionary Housing
ITEM NO.
IV.C.
Requested Action Move to: Adopt Resolution accepting the donation of $1,500 from Ric Rosow and Vicki Underland-Rosow to benefit Inclusionary Housing in Eden Prairie. Synopsis
A donation of $1,500 has been received from the Rosow family for Eden Prairie’s Inclusionary Housing
program.
Background Ric Rosow has worked closely with City staff on inclusionary housing efforts and feels this is an area
that has grown in importance on the national, state and local levels. In Ric’s words, “It has been my
privilege as City Attorney to have worked with you and your staff on the City’s affordable housing
projects.” The Rosow’s donation will benefit this important affordable housing initiative in Eden Prairie.
Attachments
Letter from Ric Rosow and Vicki Underland-Rosow Resolution Accepting Donation
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-__
RESOLUTION RELATING TO THE ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City from Ric Rosow and Vicki Underland-Rosow in the amount of $1,500 to be
used to aid affordable housing in Eden Prairie is hereby recognized and accepted by the Eden
Prairie City Council.
ADOPTED by the City Council of Eden Prairie this 12th day of November, 2019.
________________________
Ronald A. Case, Mayor
ATTEST:
____________________________
Kathleen Porta, City Clerk
UNAPPROVED MINUTES
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
Becky Alexander, Architect and Researcher at LHB, and Carol Lundgren, Sustainability
Specialist, presented an update to the Climate Action Plan.
Lundgren stated the goal of the Climate Action Plan is to be carbon neutral citywide by 2050.
This includes four focus areas: building energy use, energy grid, travel, and waste.
Alexander stated part of her role at LHB is to collect performance data on the four focus
areas citywide. There are now up to ten years of historic data for dozens of Minnesota cities.
Eden Prairie’s work with LHB has helped develop tools for energy and climate action
planning. Citywide data is available from 2007-2017. 2014 data is missing due to Xcel
Energy changing their data reporting protocol.
Alexander stated 61 percent of City greenhouse gas emissions come from energy used for
buildings and street lights, 37 percent from vehicle travel within City limits, and 2 percent
from treatment and management of municipal solid waste. Aho inquired how vehicle travel
data is collected. Alexander replied the Minnesota Department of Transportation (MnDOT)
measures vehicle travel on roads via a statistical sampling from major roadways and
residential roads. This data is available on their website. Energy data from the City’s utilities
broken down into residential and commercial/industrial. Waste data is collected from the
county and based on the City’s population. Xcel and CenterPoint provide the data.
Narayanan inquired if the energy data is separated by solar, wind, oil, and gas. Alexander
stated they receive the raw kilowatt hours (kWh) from Xcel Energy and therms from
CenterPoint Energy. There is an emissions factor of tons of carbon dioxide equivalents
City Council Workshop Minutes October 15, 2019
Page 2 provided by Xcel Energy, calculated by established protocols. There has been a 19 percent
reduction in the City’s emissions from 2007 to 2017. The website provides a breakdown of
types of energy: commercial and industrial electricity and natural gas, and residential
electricity and natural gas. Narayanan inquired if natural gas typically remains steady.
Alexander replied it varies by year based on temperature, but the emissions factor is constant
over time.
Aho inquired about vehicle travel and how electric vehicles are taken into consideration.
Alexander stated they look at the percentage of travel done by different types of vehicles.
Those vehicles are categorized by the type of fuel used. As more people purchase electric
vehicles, it has begun to make a difference with emissions.
Nelson asked how solar data is collected with new installations. Alexander responded Xcel
Energy collects solar data from utility bills.
Narayanan stated Xcel Energy’s goal is to be 100 percent carbon free by 2050. This should
impact the city data. Alexander responded it is reflected in the data. Wind power was already
contributing, but they are working towards less emissions. Aho inquired if they plot how
much energy usage there is compared to carbon emissions. Alexander responded yes, in Eden
Prairie energy usage has decreased.
Alexander stated based on the Metropolitan Council’s forecasted population LHB created a
planned emissions reductions graph to show business as usual versus the City’s goals. Staff
have been reviewing solutions for planned emissions reductions to meet the goal of zero
emissions by 2050. This includes commercial and industrial efficiency, residential efficiency,
electric grid mix, renewable energy, fuel switching, travel strategies, and waste reduction and
diversion.
Case inquired about travel being the largest solution to decrease emissions. Alexander replied
it depends how the numbers are broken down. If all of the energy strategies are combined,
they are the largest area to reduce emissions. Travel and commercial/industrial efficiency are
the largest target areas. Case noted the electric grid mix will be out of the cities control.
Alexander agreed and stated it will contribute to zero emissions by 2050.
Narayanan inquired if there are other cities with goals to be carbon neutral by 2050. The City
of St. Louis Park has goals of carbon free electricity by 2030 and carbon neutrality citywide
by 2040. The City of Northfield has similar goals of carbon free electricity by 2030 and
carbon free citywide by 2040. The County’s goal is by 2050. Aho inquired how these goals
are feasible if the provider will not be carbon free until 2050. Alexander stated they would
have to do a lot more work because they cannot rely on Xcel Energy to contribute by 2040.
Nelson added City operations will all be converted to solar by the end of the year. Alexander
stated City operations factor into about two percent of the goal.
City Council Workshop Minutes October 15, 2019
Page 3
Alexander stated commercial/industrial efficiency consists of strategies such as energy code
enforcement, net-zero energy buildings, energy-efficient retrofits, efficient building
operations, and behavior change. Aho inquired how energy code is being enforced.
Alexander stated existing state energy code is being enforced by the City code official and
includes but is not limited to insulation, lighting, heating and ventilation.
Alexander stated a percentage of newly constructed buildings would have net-zero energy
and produce as much energy as they use. In the future the state code may move towards
requiring net-zero buildings. Nelson inquired if there could be temporary incentives for
builders and businesses to become more energy efficient. Getschow noted the City has
participated in the Minnesota Property Assessed Clean Energy (PACE) program for
buildings to become more energy efficient and have the cost be assessed. Alexander
responded there are various potential actions that are being considered. An encouragement
strategy would provide information about net-zero energy or building operations best
practices. Regulation would include actions such as enforcing an energy benchmarking
ordinance, adopting a green building policy, and continuing to push for statewide policy. City
demonstration and leadership actions would include expanding energy efficiency in existing
public buildings, adopting net-zero energy standards for new public facilities, and sharing
these changes with the public. In order to meet the City goals, the largest need will be
increased participation by commercial and industrial companies in the energy-efficient
retrofit programs offered by utility companies. 46 percent of commercial and industrial
energy emissions and 12 percent of residential energy emissions will be eliminated by 2050.
Narayanan inquired if there are any federal or state incentives to help cities with subsidizing
energy efficiency implementation. Alexander replied utilities companies are required to
spend a certain amount of money on providing incentives for energy efficiency to businesses
and homes. The City cannot pursue policy more stringent than the current code unless the
City offers incentives such as financing or Planned Unit Development (PUD) approval.
Nelson inquired about incentives for electric charging stations. It is difficult to plan a trip
with electric vehicles when there are few charging stations. Alexander stated this would be a
topic to consider in regards to travel.
Alexander provided an overview of on-site renewable energy and green power purchase for
both residential and business. The City is aligned with the State’s goal for on-site renewable
energy: to meet ten percent of community-wide electricity demand with on-site solar by
2030. Ten percent of the community-wide electricity demand equates to 86 percent of the
existing rooftop solar generation potential. Narayanan inquired how many households in the
City have solar panels and what amount of kWh they produce. Ellis stated through permits
the number of households may be tracked. Alexander noted Xcel Energy collects this data.
City Council Workshop Minutes October 15, 2019
Page 4 Alexander stated the City is not being ambitious with the green power purchase Windsource
Renewable Connect because there is projected growth due to Xcel Energy’s goals. Case
noted if the grid currently could not sustain everyone converting to electric at this moment in
time. If every community was responsible for ten percent of its electricity, Xcel Energy
wouldn’t have to expand the grid so greatly. Alexander noted the utility companies likely
want to remain in control of those operations.
Alexander stated another energy strategy is fuel switching: switching natural gas to
electricity. Xcel is looking at options for renewable natural gas. Narayanan inquired what the
cost difference is to convert from natural gas to electric. Alexander replied it is still costly
because providers are not used to supplying heat pumps in exchange for natural gas.
Alexander stated, with these strategies, the City would get to about 96 percent carbon free.
Alexander discussed travel. This includes driving less and driving cleaner vehicles. There is a
current draft on travel based on Metropolitan Council’s projections for the impact of Light
Rail Transit (LRT). This plan considers 100 percent of the vehicles on City roads being
electric by 2050. This would require disruptive technology. Due to LRT, by 2040 there
would be an anticipated 8.6 percent reduction in the total miles traveled within the region.
Aho stated those number may be optimistic. Narayanan stated working from home may also
have an impact on travel. Aho inquired where the source of power for the electric vehicle
would come from. Alexander stated it is assumed Xcel would be the source.
Nelson stated gas stations may begin having electric charging stations. Ellis noted New York
City is looking into creating charging stations for vehicles at street lights. They acknowledge
access to charging stations as one of the biggest barriers. Aho added new battery technology
for a vehicle could potentially allow 500 miles on a single charge, and a complete charge
would only take a few minutes.
Alexander discussed the impacts of waste emissions and the City goal of zero waste
emissions by 2050. Hennepin County has a goal of 75 percent of waste being recycled by
2030. Overall, planned emissions reductions will include a 28 percent reduction from
commercial and industrial efficiency, 7 percent from residential efficiency, 14 percent from
electric grid mix, 8 percent from fuel switching, 38 percent from travel, and 2 percent from
waste.
Narayanan inquired if Xcel Energy has plans to install electric charging stations. Alexander
stated she is not certain of their plans for electric charging stations.
Lundgren presented City kick start projects including electric hybrid plug-in duty trucks,
electric police patrol cars, and installing electric vehicle charging stations at high use
facilities. Ellis stated the City has already purchased electric heavy duty trucks. These are the
first Ford F250 trucks to be produced in the country, and Ford will maintain their warranty.
City Council Workshop Minutes October 15, 2019
Page 5 Lundgren added the City is looking to implement electric police patrol cars and could be the
first in the state to do so. There is only one other city in the country with an electric police
patrol car. The only product that could likely meet the needs of the patrol car is the Tesla
Model S. When calculating fuel costs, this purchase would either save money or break even.
Aho noted the City should talk to Len Simich of SouthWest Transit before it executes an
agreement.
Lundgren stated there have been additional electric vehicle charging stations installed at the
Community Center with card readers and others will be installed at high use facilities. Case
inquired if we have different levels of electric charging stations. Ellis responded all of the
City charging stations are level two, providing a full charge in four to eight hours. Level
three chargers are a lot more expensive.
Lundgren stated next steps are to have a final draft of the climate action plan in the first
quarter of 2020. Case inquired if the Conservation Commission has been involved in the
process. Getschow noted Lundgren recently provided a presentation to the Commission and
will present the climate action plan to the Commission prior to presenting it to the Council
for final approval.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM A. DEANE CONKLIN – HENNEPIN VILLAGE TREE MANAGEMENT
Deane Conklin, 15529 June Grass Lane, stated two decades ago a landscape plan was approved with the Hennepin Village PUD. There were about 3,000 trees approved in the plans. The ownership of the trees vary from plot to plot. He asks for a review of the tree ordinances and requirements. Many of the 3,000 trees will
need to be removed and should not be replaced for various reasons.
Getschow noted the tree ordinance was revised two years ago. Case noted staff can review the PUD process and the specific landscaping of Hennepin Village. Aho noted there are arborists and forestry specialists on staff to assist with this.
III. ADJOURNMENT
UNAPPROVED MINUTES 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, 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 Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. 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 No. 2019-110) Lotthammer reported we received a $225 donation from Summit Place towards the
Holiday Lunch at the Senior Center to help keep the event affordable for our seniors. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2019-110 accepting the donation of $225 from Summit Place to go towards Holiday Lunch at the Senior Center. Motion carried 5-0.
B. ACCEPT DONATION OF $750 FROM CRIME PREVENTION FUND FOR HALLOWEEN ON THE MALL (Resolution No. 2019-111)
Lotthammer said we received a donation of $750 from the Eden Prairie Crime Prevention Fund for Halloween on the Mall. About 8,000 people attend the event which will be held October 31, from 5:00 to 7:30 at Eden Prairie Mall.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2019-111 accepting the donation of $750 from the Eden Prairie Crime Prevention Fund toward the Halloween on the Mall event. Motion carried 5-0.
CITY COUNCIL MINUTES October 15, 2019
Page 2 Narayanan thanked all of those who so far this year have made 12 donations to the City for a total of $53,000. These donations help so much to supplement our funds available
for events and activities in Eden Prairie.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Freiberg added Item XIV.A.1. regarding vacant commercial properties in the City.
MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 1, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 2019 MOTION: Aho moved, seconded by Narayanan, to approve the minutes of the Council
Workshop held Tuesday, October 1, 2019, and the City Council meeting held Tuesday, October 1, 2019, as published. Motion carried 5-0. 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 Ordinance No. 20-2019-PUD-12-2019 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 No. 20-2019-PUD-12-2019 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 NO. 2019-112 APPROVING JPA WITH MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (MICAC) E. ADOPT RESOLUTION NO. 2019-113 AND FINDINGS DENYING A MASSAGE
THERAPIST LICENSE TO JENNIFER NGUYEN F. APPROVE CHANGE ORDER NO. 2 FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT
CITY COUNCIL MINUTES October 15, 2019
Page 3 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
Case requested discussion of Item B. Highland Oaks. Council Members have received emails and phone calls asking about the tree loss at the top of the hill with this development and asking whether it was expected. He assured City residents we
do know what is happening there and asked if staff had a chance to get out and verify
the trees that were taken out. Getschow said there was a discussion about saving a couple of the heritage trees during first reading of the development. He reported the developer was able to save
one of those heritage trees. Staff will make sure to verify the trees that have been
removed. Case said the developer also put in replacement trees as required by City code. At our workshop tonight we had a homeowner association from an older development in the
City come in to express concern they have so many trees it has become hard to find
room to replace any dying or diseased trees. They were looking for relief as to the amount of replacement trees required. We have a great tree replacement ordinance, and he was sure the Highland Oaks development will look great as the trees mature.
MOTION: Nelson moved, seconded by Aho, to approve Items A-N on the Consent
Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS
CITY COUNCIL MINUTES October 15, 2019
Page 4 A. 2019 SPECIAL ASSESSMENTS (Resolution No. 2019-114) Getschow said each year the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. The majority of the assessments on the list are related to things such as trunk utilities and
100% Petitions. Other assessments are related to assessing back the City’s work to remove snow, tall grass, weeds and trees on the individual properties. He reported each of the property owners on the list has been notified of this meeting. There were no comments from the audience.
Freiberg said it was his understanding these assessments include the costs incurred for work at distressed properties, such as the two Burger King properties. There has been a lot of conversation about that in the community. We have opted to take care of those properties, and he believed the community should know we are assessing back the costs
for that work. MOTION: Aho moved, seconded by Nelson, to close the public hearing for the approval of the 2019 Special Assessments; and to adopt Resolution No. 2019-114 approving all Special Assessments presented in the fall of 2019. Motion carried 5-0.
X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan,
Nelson, and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Distressed Properties—Council Member Freiberg
Freiberg said one thing that is becoming a problem is the frustration we feel over what can be done about distressed properties in the City. Because these properties have been an ongoing problem for several years, he would like to
open a discussion and perhaps come to a consensus about what can be done, especially about the distressed commercial properties.
CITY COUNCIL MINUTES October 15, 2019
Page 5 Aho thought the City does need tools to make sure the properties do not become a blight in the City. He believed we do have tools available, so he was not sure
if Council Member Freiberg was looking for a new tool.
Getschow believed Council Member Freiberg is referring to the two Burger King properties, both of which are very visible properties in the community. We have been told since the time they closed they will reopen as Burger Kings.
They are working through a bankruptcy issue. We have to step in to do work on
the properties to repair broken windows and deal with such things as trash and long grass There was a report of additional damage in the past week. Tonight the Council approved a Special Assessment against the properties for the costs the City incurred for maintenance work at the two locations. Staff will go back
again to check the properties. He noted we do have some tools to use in our
building code. There is a very high bar that must be met for properties to be condemned. We will continue to use our tools of influence. Nelson suggested we put something in place that is different from the State
laws, especially for properties on streets that are very visible. At the least, the
property should be put in order and shouldn’t look like someone just walked away from it. There should be some responsibility for the owner to clean it up or put out a “For Sale” sign.
Getschow reported for the last several months Burger King representatives have
said any day they will do work on the buildings and they will reopen; however, that has been going on for several months. It is our understanding that, of the three homes discussed by the Council earlier this year, one home is being rehabbed, another is occupied, and the third one on Pioneer Trail will be
demolished. He thought the suggestion to appeal to Burger King regarding
keeping the property relevant and fresh looking is a great idea. Nelson said the owners should at least clean up the windows and make the property look like it is a property that will have something done to it.
Narayanan noted we talked about this problem with private homes a few months
ago and asked if the ordinances are the same for commercial property. Getschow replied the exterior maintenance code applies to all property; however, there may be some differences relating to commercial property. Narayanan suggested there may be something else we can do on the commercial
side. In addition, there is the question of what to communicate to our residents.
Getschow said staff could look into that. Freiberg would like a clarification because the State code threshold is one thing, and our local code is another. He would like to know if we can have stricter ordinances than the State statutes. We expect a certain level of exterior
maintenance from new developers, and he was getting frustrated with our ability to deal with exterior maintenance for distressed properties. We should look at other municipalities to see what they have done.
CITY COUNCIL MINUTES October 15, 2019
Page 6 Rosow said as a city we have authority to go beyond the State law that Mr. Getschow referred to which is the largest tool for the most egregious properties.
It is a fairly high bar and is expensive and time consuming even though we
assess the costs back to the property. For other matters that don’t rise to that level we have our own exterior maintenance code. The kinds of issues with Burger King about trash on the property and long grass can be looked at again to see if there are things in the ordinance that could be tweaked or if there are
other tools.
Nelson thought we need something about trash on the property. We do something about residences with too much trash and should do the same for commercial properties especially when the property is very visible and is
affecting other businesses around the property. As our buildings age, similar
concerns might come up more often. She commented there have been a number of commercial buildings in the City that have taken several years to sell, but those have usually been kept up.
Case suggested we could see if there are holes in the ordinance that can be
filled, and perhaps set a period of time the properties can remain vacant before we begin more regular inspections to begin to assess the problems with the property. It is their issue, but it also affects surrounding properties as well as the City as a whole. We need to maintain our commercial building stock. We
should look at our ordinances for something that triggers when a building is
vacant for a certain amount of time. Freiberg said he liked that approach. He believed one of the Burger King properties has been vacant for three years. He was out there the other day, and
there are holes in the siding. Without an escalation they may continue to ignore
the property. We have a blue ribbon development going in across the street from one of the Burger King properties, and we want that area to be beautiful, well-cared for, and representative of our City.
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
CITY COUNCIL MINUTES October 15, 2019
Page 7 XV. OTHER BUSINESS XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:30 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 12, 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
Temporary Liquor Organization: Eden Prairie Lions Club Event: 1 Million Cups Annual Celebration
Date: December 5, 2019 Place: Eden Prairie City Hall Heritage Rooms 8080 Mitchell Road
Temporary Liquor Organization: Church of Pax Christi Event: Volunteer Appreciation Event Date: January 25, 2020
Place: Pax Christi Social Hall 12100 Pioneer Trail Massage Therapist Laurel Ann Abrahamson Salon Concepts 8030 Glen Lane
On-Sale and Sunday Liquor License
2AM Closing Permit - Renewal
Licensee name: Pizza Luce IX, Inc DBA: Pizza Luce
Leiserv, LLC DBA: Bowlero Eden Prairie
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of Highland Oaks
ITEM NO.:
VIII.B.
Requested Action Move to: Adopt the resolution approving the final plat of Highland Oaks. This proposal is for a plat located at 7120 Gerard Drive. The plat consists of 9.73 acres to be
platted into 17 single family, 1 outlot and right of way dedication for street purposes. A portion
of the proposed plat is a replat of Outlot A, Topview Acres 5th Addition. Background Information
The preliminary plat was approved by the City Council on September 3, 2019. Second reading
of the Rezoning Ordinance and final approval of the Developer’s Agreement was approved by the City Council on October 15, 2019. Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $1,360.00
• Receipt of street lighting fee in the amount of $1,758.83
• Receipt of street sign fee in the amount of $1,366.00
• Prior to the release of the plat, Developer shall execute a Special Assessment Agreement for trunk sewer and water on an assessable area of 6.19 acres in the amount of $53,277.29
• The requirements as set forth in the Developer’s Agreement.
• Prior to release of final plat, Developer shall submit a 1” = 200’ scale reduction of plat.
• Prior to release of final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data.
• Satisfaction of bonding requirements for the installation of public improvements.
• Developer shall submit a permit fee of five percent of the construction value of the public improvements prior to the release of the final plat.
• Revision to plat shall include additional drainage and utility easements over lots 9 and 10
for the purpose of access to infiltration basin #1.
Attachments Resolution
Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019- A RESOLUTION APPROVING FINAL PLAT OF HIGHLAND OAKS
WHEREAS, the plat of Highland Oaks has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Highland Oaks is approved upon compliance with the recommendation of the Final Plat Report on this plat dated November 12, 2019. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on November 12, 2019.
____________________________________
Ronald A. Case, Mayor
ATTEST: SEAL
______________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations/Presentations
DATE:
November 12, 2019
DEPT/DIVISION: Rick Getschow/City Manager
ITEM DESCRIPTION: Small Business Saturday Proclamation ITEM NO.:
VIII.C.
The City of Eden Prairie has supported the Small Business Saturday initiative for many years by approving a proclamation.
Small Business Saturday is a national initiative that marks a day to support the local businesses
that create jobs, boost the economy and preserve neighborhoods around the country.
The inaugural Small Business Saturday was held in 2010 and involved 130 small business advocate groups, 1.2M Facebook users, public and private organizations, and local governments.
In 2018, 42 percent of consumers shopped small businesses on Small Business Saturday, and more than 650 mayors and city officials supported Small Business Saturday.
Attachment
Proclamation
PROCLAMATION
DECLARING NOVEMBER 30, 2019 AS SMALL BUSINESS SATURDAY IN EDEN PRAIRIE
Whereas, the City of Eden Prairie celebrates our local small businesses and the contributions they
make to our local economy and community; according to the United States Small Business
Administration, there are currently 30.7 million small businesses in the United States, they represent
99.7 percent of all businesses with employees in the United States, are responsible for 64.9 percent of
net new jobs created over the past 20 years; and
Whereas, small businesses employ 47.3 percent of the employees in the private sector in the United
States; and
Whereas, 94 percent of consumers in the United States value contributions small businesses make in
their local community by supplying jobs and generating tax revenue; and
Whereas, 96 percent of consumers who plan to shop on Small Business Saturday said the day
inspires them to go to small, independently-owned retailers or restaurants they have never been to
before, or would not have otherwise tried; and
Whereas, 92 percent of companies planning promotions on Small Business Saturday said the day
helps their business stand out during the busy holiday shopping season; and
Whereas, 59 percent of small business owners said Small Business Saturday contributes significantly
to their holiday sales each year; and
Whereas, the City of Eden Prairie supports our local businesses that create jobs, boost our local
economy and preserve our neighborhoods; and
Whereas, advocacy groups as well as public and private organizations across the country have
endorsed the Saturday after Thanksgiving as Small Business Saturday.
NOW, THEREFORE, the Eden Prairie City Council does hereby proclaim, November 30, 2019, as:
SMALL BUSINESS SATURDAY
Ronald A. Case, Mayor
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Robert Ellis Public Works
ITEM DESCRIPTION:
Resolution to Establish a Maximum Accrual for Deferred Assessments
ITEM NO.:
VIII.D.
Requested Action Move to: Adopt Resolution to Establish a Maximum Accrual for Deferred Assessments Synopsis In accordance with state statutes, the City of Eden Prairie has levied special assessments against benefitting properties for the installation of roadway, stormwater, water and wastewater system improvements. Some of these special assessments have been deferred with interest at the property owner’s request. The interest on the deferred assessment is added to the principal
amount until the assessments are paid.
This resolution would cap the interest accrued on deferred assessment to no more than the principal amount thereby limiting the total maximum deferred assessment to twice the original levied amount. Properties owners can always pay off the assessment early to avoid or mitigate
accrued interest. However, if they choose to indefinitely defer the assessment it would be
capped to twice the original principal. At such time as the existing deferred assessments are due and payable, the City Council shall take action to reduce interest as in accordance with this resolution. In the future, resolutions
approving deferred assessments with interest shall contain the condition that the interest shall not
exceed twice the original principal amount assessed. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-117 WHEREAS, in accordance with Minnesota Statutes Section 429.061, the City of Eden Prairie has
levied special assessments against multiple tracts of land, which assessments were deferred with
interest; and WHEREAS, interest on the deferred assessments is added to the principal amount until the assessments become due and payable; and
WHEREAS, the City Council of the City of Eden Prairie finds and determines that interest accrued over time on the deferred assessments that exceeds twice the principal amount is excessive; and WHEREAS, the City Council finds and determines that it is in the best interest of the City and its
citizens that the interest charged on existing and future deferred assessments should not exceed
twice the original amount of the assessment principal. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Eden Prairie:
1. Interest charged on existing and future deferred assessments shall not exceed twice the
original principal amount assessed. 2. At such time as the existing deferred assessments are due and payable, the City Council shall take action as allowed under State law to reduce interest as in accordance with this
resolution.
3. In the future resolutions approving deferred assessments with interest shall contain the condition that the interest shall not exceed twice the original principal amount assessed.
ADOPTED by the City Council of the City of Eden Prairie, Minnesota this 12th day of November,
2019.
Ronald A. Case, Mayor
ATTEST: SEAL
___________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION Consent Calendar
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: I.C. 19833
Approve Professional Services Agreement with Erickson Engineering Co., LLC for 2020/2021 Bridge Safety Inspections
ITEM NO.:
VIII.E.
Requested Action
Move to: Approve Professional Services Agreement with Erickson Engineering for 2020/2021 Bridge Safety Inspection Services in the amount of $25,000.
Synopsis
This agreement provides bridge safety inspection services for 42 bridges currently on MnDOT’s Structural Information Management System (SIMS) inventory, as well as one additional safety inspection of a bridge not currently in the inventory. Any bridge or structure within public right-of-way with a span of at least ten feet is required to be inspected annually or bi-annually.
These safety inspections provide documentation of any damaged or deteriorated components and will recommend any necessary remedial action.
Attachment
Professional Services Agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #16-5943
Approve Local Road Improvement Grant Agreements 1031869 and 103870 with the State of Minnesota Related to the Quiet Zone
Project
ITEM NO.:
VIII.F.
Requested Action Move to: Adopt resolutions approving Local Road Improvement Program Grant Agreements 1031869 and 103870 with the State of Minnesota Related to the Quiet Zone Project.
Synopsis These Agreements provide for the disbursement of grant proceeds for the road and rail engineering and design of at-grade railroad crossing safety improvements including, but not
limited to, signals, gates and constant warning time detectors at West 62nd Street & Bike Path,
Birch Island Road, Eden Prairie Path Crossing and Valley View Road for the establishment of a Railroad Quiet Zone in Eden Prairie. Background
In 2016, a Railroad Quiet Zone Assessment for Eden Prairie was completed. The assessment identified options to improve safety of at-grade rail crossings and to minimize the impacts of train horn noise throughout the community. The assessment included the following crossings:
• West 62nd Street
• Birch Island Road
• Valley View Road
• Unofficial crossing east of Valley View Road connecting Duck Lake Road and the Eden
Prairie High School. During the 2017 Legislative session, a bill was passed to provide $1,400,000 in state funding for rail grade crossing improvements, which will enable the establishment of a railroad quiet zone through Eden Prairie. The final agreement with MnDOT to provide for roadway construction
improvements will follow once that low bid contract is awarded in the winter of 2019. Attachments Road Design Resolution
Road Design Grant Agreement 1031869 Rail Design Resolution Rail Design Grant Agreement 1031870
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-
GRANT AGREEMENT TO STATE TRANSPORTATION FUND (LOCAL ROAD IMPROVEMENT PROGRAM) RELATED TO THE EDEN PRAIRIE QUIET ZONE PROJECT NO.: I.C. 16-5943 Road Design SAP 181-594-002
WHEREAS, pursuant to Minnesota State Statute Section 219.166, the City of Eden Prairie supports the establishment of a Quiet Zone encompassing Valley View Road, Eden Prairie Path Crossing, Birch Island Road and West 62nd Street; and
WHEREAS, under provisions contained in Minnesota Laws of the 2017 First Special Session, Chapter 8, Article 1, Section 15, Subd 13, and amended by the Minnesota Laws of the 2018 Regular Session, Chapter 214, Article 2, Section 35, has allocated $1,400,000 from General Obligation Bond Proceeds to the City of Eden Prairie as a grant to design, construct, and equip new passive and active
rail grade crossing safety devices, including associated road and pathway improvements, at existing
and proposed highway-rail grade crossings, and pathway-rail grade crossings; or replace existing highway-rail grade crossings. WHEREAS, The City of Eden Prairie has applied to the Commissioner of Transportation for a
grant from the Minnesota State Transportation Fund for Local Road Improvement and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and
WHEREAS, the amount of the LRIP/Road Design Engineering Funds has been determined to be
$90,974.00. NOW, THEREFORE, be it resolved that the Eden Prairie City Council does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay
any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State
Transportation Fund any amount appropriated for the design but not required. The proper city officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.
ADOPTED by the Eden Prairie City Council on November 12, 2019.
______________________________ Ronald A. Case, Mayor
ATTEST: SEAL ______________________________
Kathleen Porta, City Clerk
MnDOT Agreement No. 1031869 (Road)
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LOCAL ROAD IMPROVEMENT PROGRAM (LRIP)
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the
Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to
Minn. Laws 2017, 1st Special Session, Chapter 8- H.F. 5. The provisions in that section and the Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons signing below agree to fully comply with all of the requirements of this Agreement. This Agreement will be effective on the date State obtains all required signatures under Minnesota
Statutes §16C.05, subdivision 2.
1. Public Entity (Grantee) name, address and contact person: Director of Public Works
City of Eden Prairie
8080 Mitchell Road Eden Prairie, MN 55344 Contact: Robert Ellis
2. Project(s):
Name of Project & Project Number (See Exhibit C for
location)
Amount of LRIP Funds
Amount of Required Matching Funds
Completion Date
2017 Rail Quiet Zone Project (Design Services) – Acct 305
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90,974.00 September 2020
3. Total Amount of LRIP Grant for all projects under this Agreement: $90,974.00
4. The following Exhibits for each project are attached and incorporated by reference as part of this Agreement: Exhibit A Completed Sources and Uses of Funds Schedule
Exhibit B Project Completion Schedule Exhibit C Bond Financed Property Certification Exhibit D Grant Application Exhibit E Grantee Resolution Approving Grant Agreement Exhibit F General Terms and Conditions
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5. Additional requirements, if any:
6. Any modification of this Agreement must be in writing and signed by both parties.
(The remaining portion of this page was intentionally left blank.)
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City of Eden Prairie (GRANTEE) By:
Title: Date:______________________________
By: Title: Date:______________________________
DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance
By: Title: State Aid Programs Engineer
Date:
Office of Financial Management, Grant Unit
By:___________________________________
Agency Grant Supervisor Date:_________________________________
OFFICE OF CONTRACT MANAGEMENT
By: _________________________________
Contract Administrator Date:_________________________________
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EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS USES OF FUNDS
Entity Supplying Funds Amount Expenses Amount
State Funds: Items Paid for with
LRIP
LRIP Grant $90,974.00 Grant Funds:
Road Design $90,974.00 Other: ________________ $___________
________________ $___________ ________________ $___________
________________ $___________ ________________ $___________
________________ $___________ ________________ $___________
Subtotal $90,974.00 Subtotal $90,974.00
Public Entity Funds: Items paid for with Non-
Matching Funds $___________ LRIP Grant Funds:
________________ $___________ Other: ________________ $___________
________________ $___________ ________________ $___________
________________ $___________ ________________ $___________
________________ $___________
Subtotal $___________
Subtotal $___________
TOTAL FUNDS $90,974.00 = TOTAL PROJECT COSTS $90,974.00
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EXHIBIT B
PROJECT COMPLETION SCHEDULE September 2020
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EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION State of Minnesota General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the real property located in the County(ies) of _____________, State of Minnesota that is generally described or illustrated graphically in Attachment 1 attached hereto and all improvements thereon
(the “Restricted Property”) and acknowledges that the Restricted Property is or may become State
bond-financed property. To the extent that the Restricted Property is or becomes State bond-financed property, the undersigned acknowledges that: A. The Restricted Property is State bond-financed property under Minn. Stat. Sec.
16A.695, is subject to the requirements imposed by that statute, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; and B. The Restricted Property is subject to the provisions of the Local Road
Improvement Program Grant Agreement between the Minnesota Department of Transportation and the undersigned dated ________________, 20___; and C. The Restricted Property shall continue to be deemed State bond-financed
property for 37.5 years or until the Restricted Property is sold with the written
approval of the Commissioner of Minnesota Management and Budget. Date: __________________, 20____
City of Eden Prairie, a political subdivision of the
State of Minnesota By: ________________________________ Name: Ronald A. Case
Title: Mayor
By: ________________________________ Name: Rick Getschow
Title: City Manager
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Attachment 1 to Exhibit C GENERAL DESCRIPTION OF RESTRICTED PROPERTY
The facility consists of highway-rail grade crossing signals with gates and related equipment that will be constructed on property owned by the Twin Cities & Western Railroad Company The facility will be located at four (4) separate locations in the City of Eden Prairie Minnesota. The facility includes four new railroad signals with gates and related equipment at the following crossings:
• Valley View Road (DOT # 393279U, RR MP 437.52)
• Eden Prairie Path Crossing (DOT # 972695V, RR MP 437.2)
• Birch Island Road (DOT # 393276Y, RR MP 435.90)
• West 62nd Street (DOT # 393274K, RR MP 435.21 )
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Valley View Road (DOT # 393279U, RR MP 437.52)
Eden Prairie Path Crossing (DOT # 972695V, RR MP 437.2)
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Birch Island Road (DOT # 393276Y, RR MP 435.90)
West 62nd Street (DOT # 393274K, RR MP 435.21)
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EXHIBIT D
GRANT APPLICATION Attach the grant application for the project
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EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
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EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS Article I DEFINITIONS
Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms
defined) unless the context specifically indicates otherwise: “Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed
in accordance with the provisions contained in Article VI hereof. “Agreement” - means the Local Road Improvement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
“Certification” - means the certification, in the form attached as Exhibit C, in which the Public Entity acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby.
“Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner” - means the Commissioner of Minnesota Management & Budget. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July
30, 2012, as it may be amended or supplemented. “Completion Date” - means the projected date for completion of the Project as indicated in the
Agreement. “Construction Contract Documents” - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor(s) for the completion of the Construction
Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” - means the work to be performed under the Construction Contract Documents. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to
MnDOT when an Advance is requested, as referred to in Section 4.02.
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“G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and any bonds issued to refund or replace such bonds. “Grant Application” - means the grant application that the Public Entity submitted to MnDOT which is attached as Exhibit D.
“LRIP Grant” - means a grant from MnDOT to the Public Entity under the LRIP in the amount specified in the Agreement, as such amount may be modified under the provisions hereof. “LRIP” - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules relating thereto.
“MnDOT” - means the Minnesota Department of Transportation. “Outstanding Balance of the LRIP Grant” - means the portion of the LRIP Grant that has been disbursed to the Public Entity minus any amounts returned to the Commissioner.
“Project” - means the Project identified in the Agreement to be totally or partially funded with a LRIP grant.
“Public Entity” - means the grantee of the LRIP Grant and identified as the Public Entity in the Agreement.
“Real Property” - means the real property identified in the Agreement on which the Project is located.
Article II GRANT Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and disburse the proceeds in accordance with the terms and conditions herein. Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by
one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter
term as authorized by statute, and which cannot be modified or terminated early without the prior written consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LRIP Grant solely to reimburse itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable activities: (i) preliminary, final construction and engineering and administration (ii) constructing or reconstructing city streets, county highways, or town roads with statewide or regional significance that have not been fully funded through other state, federal, or local funding sources; or (iii) capital improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage. The Public Entity shall not use the LRIP Grant for any other purpose, including but not limited to, any work to be done on a state trunk highway or within a trunk highway easement.
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Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city street and for other uses customarily associated therewith, such as trails and utility corridors, and for no other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually determine that the Real Property is being used for the purposes specified in this Section and, upon written
request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect. Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow another entity to use or operate the Real Property without the written consent of both MnDOT and the Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real
Property, or any lease or contract that would allow another entity to use or operate the Real Property, must comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order regarding such sale or lease. Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and
warrants to MnDOT that: A. It has legal authority to execute, deliver and perform the Agreement and all documents referred
to therein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified
in Section 2.04, and will include in its annual budget all funds necessary for the operation of the Real Property for such purposes. C. The Agreement and all other documents referred to therein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. D. It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes described in this Agreement.
E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct.
F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or
its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into the Agreement or any document referred to herein, or to perform any of the acts required of it in such documents. G. Neither the execution and delivery of the Agreement or any document referred to herein nor compliance with any of the provisions or requirements of any of such documents is prevented by, is a breach of, or will result in a breach of, any provision of any agreement or document to which it is now a party or by which it is bound.
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H. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. I. The Project will be completed and the Real Property will be operated in full compliance with all applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property. J. All applicable licenses, permits and bonds required for the performance and completion of the Project and for the operation of the Real Property as specified in Section 2.04 have been, or will be, obtained.
K. It reasonably expects to possess its ownership interest in the Real Property described in Section 2.02 for at least 37.5 years, and it does not expect to sell such ownership interest. L. It does not expect to lease out or enter into any contract that would allow another entity to use or operate the Real Property.
M. It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully pay for the Project.
N. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date and all such items will be situated entirely on the
Real Property. O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. P. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either MnDOT or the Commissioner. Q. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant
is and will be true and correct. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT
and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure to cure such event during such 30-day time period for those Events of Default that can be cured within 30
days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default; however, in no event shall the time period to cure any Event of Default exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner. A. If any representation, covenant, or warranty made by the Public Entity herein or in any other document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made.
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B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained herein. C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all rules related thereto.
D. If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in Section 2.03, the Grant Application, and in accordance with the LRIP. E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04.
F. If the Public Entity fails to complete the Project by the Completion Date. G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property without first obtaining the written consent of both MnDOT and the Commissioner.
H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project. I. If the Public Entity fails to supply the funds needed to operate the Real Property in the manner
specified in Section 2.04. Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing
by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon either MnDOT or the Commissioner giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce any or all of the following remedies. A. MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may make such disbursements after the occurrence of an Event of Default without waiving its rights and remedies hereunder.
B. If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a third party beneficiary of the Agreement, may require that the Public Entity pay the amounts
that would have been paid if there had been compliance with such provisions. For other Events of Default, the Commissioner may require that the Outstanding Balance of the LRIP Grant be returned to it.
C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may enforce any additional remedies it may have in law or equity. The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that MnDOT or the Commissioner would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor
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of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and
the action which the Public Entity proposes to take with respect thereto. Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be terminated under the circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of LRIP Grant. A. If the Project is not started within five (5) years after the effective date of the Agreement or the LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been
disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall
remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed and the Public Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s ownership interest in the Real Property if such ownership interest is an easement. Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed. Article III
COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695 AND THE COMMISSIONER’S ORDER Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only pay for a portion of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows:
A. It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as “bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested
sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Code Section 148.
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B. It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such funds are used for payments for the Project. C. It will, upon written request, provide the Commissioner all information required to satisfy the informational requirements set forth in the Code, including Sections 103 and 148, with respect
to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner, take such actions and furnish such documents as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal
taxation, which such action may include: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” within the meaning of Code Sections 141(b) and 145(a).
E. It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to take, any action that would adversely affect the exemption from federal income taxation of the
interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take, as appropriate, any such action, it shall take all lawful actions necessary to correct such actions or omissions promptly upon obtaining knowledge thereof.
Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn. Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. Article IV DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total
amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents
MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section 2.11 even if the entire LRIP Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been consented to, in writing, by the Commissioner. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate
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of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas:
Formula #1: Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 5.13 that have been disbursed) Formula #2: Cumulative Advances < (Program Grant) × (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances.
Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention
to so store materials prior to their delivery and MnDOT has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project.
The final Draw Requisition shall not be submitted before completion of the Project, including any correction of material defects in workmanship or materials (other than the completion of punch list items). At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities and that all requisite
certificates and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this
Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount of the requested Advance to the Public Entity. Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in MnDOT's notice.
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Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the LRIP Grant set forth in Section 1.01.
B. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. C. No determination shall have been made by MnDOT that the amount of funds committed to the
Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to MnDOT that sufficient funds are available.
D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project
and all other expenses that may occur in conjunction therewith. E. The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and agrees as follows: A. Advances are not made prior to completion of work performed on the Project. B. All Advances are processed on a reimbursement basis. C. The Public Entity must first document expenditures to obtain an Advance.
D. Reimbursement requests are made on a partial payment basis or when the Project is completed. E. All payments are made following the “Delegated Contract Process or State Aid Payment Request”
as requested and approved by the appropriate district state aid engineer. Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own
inspections and observations regarding the completion of the Project, and shall determine to its own satisfaction that all work done or materials supplied have been properly done or supplied in accordance with all contracts that the Public Entity has entered into regarding the completion of the Project. Article V MISCELLANEOUS Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional named insured therein.
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Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such
purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative
sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements
of this Section. Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the
written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other
alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such
acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or
18% per year based upon a 365-day year. Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn. Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto, and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such books and records for a period of six years after the date that the Project is fully completed and placed into operation. Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real Property upon reasonable request by MnDOT and without interfering with the normal use of the Real Property.
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Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The
Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusion from coverage in any insurance policy. Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project. No employee of the Public Entity or other person engaging in the performance of the Agreement or the Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on
behalf of said employees or other persons out of employment or alleged employment, including claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT,
the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner, or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave,
disability benefits, severance pay and retirement benefits. Section 5.08 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the address of the party specified below or to such different address as may in the future be specified by a party by written notice to the others: To the Public Entity: At the address indicated on the first page of the Agreement. To MnDOT at: Minnesota Department of Transportation Office of State Aid
395 John Ireland Blvd., MS 500 Saint Paul, MN 55155 Attention: Patti Loken, State Aid Programs Engineer
To the Commissioner at: Minnesota Management & Budget 400 Centennial Office Bldg.
658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any of its rights or obligations under the Agreement without the prior written consent of the other party. Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any
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breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued in the State of Minnesota District Court located in St. Paul, Minnesota. Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,
performed, and enforced as if the invalid provision did not appear herein. Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including
equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT whatever documentation MnDOT may request to substantiate the availability and source of any matching funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the
total cost of the Project and all of the funds that are available for the completion of the Project. The Public Entity will supply any other information and documentation that MnDOT or the Commissioner may request to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what is being done to satisfy such conditions. Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets forth the projected schedule for the completion of the Project.
Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB,
is and shall be a third-party beneficiary of this Agreement. Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity
may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may subsequently be amended or replaced from time to time. Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project and it shall fully comply with all of the provisions contained in
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Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time to time. Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable
provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project.
Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or written, between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that
such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-
GRANT AGREEMENT TO STATE TRANSPORTATION FUND (LOCAL ROAD IMPROVEMENT PROGRAM) RELATED TO THE EDEN PRAIRIE QUIET ZONE PROJECT NO.: I.C. 16-5943 Rail Design SAP 181-594-001
WHEREAS, pursuant to Minnesota State Statute Section 219.166, the City of Eden Prairie supports the establishment of a Quiet Zone encompassing Valley View Road, Eden Prairie Path Crossing, Birch Island Road and West 62nd Street; and
WHEREAS, under provisions contained in Minnesota Laws of the 2017 First Special Session, Chapter 8, Article 1, Section 15, Subd 13, and amended by the Minnesota Laws of the 2018 Regular Session, Chapter 214, Article 2, Section 35, has allocated $1,400,000 from General Obligation Bond Proceeds to the City of Eden Prairie as a grant to design, construct, and equip new passive and active
rail grade crossing safety devices, including associated road and pathway improvements, at existing
and proposed highway-rail grade crossings, and pathway-rail grade crossings; or replace existing highway-rail grade crossings. WHEREAS, The City of Eden Prairie has applied to the Commissioner of Transportation for a
grant from the Minnesota State Transportation Fund for Local Road Improvement and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and
WHEREAS, the amount of the LRIP/Rail Design Engineering Funds has been determined to be
$71,788.00. NOW, THEREFORE, be it resolved that the Eden Prairie City Council does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay
any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State
Transportation Fund any amount appropriated for the design but not required. The proper city officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.
ADOPTED by the Eden Prairie City Council on November 12, 2019.
______________________________ Ronald A. Case, Mayor
ATTEST: SEAL ______________________________
Kathleen Porta, City Clerk
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LOCAL ROAD IMPROVEMENT PROGRAM (LRIP)
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the
Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to
Minn. Laws 2017, 1st Special Session, Chapter 8- H.F. 5. The provisions in that section and the Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons signing below agree to fully comply with all of the requirements of this Agreement. This Agreement will be effective on the date State obtains all required signatures under Minnesota
Statutes §16C.05, subdivision 2.
1. Public Entity (Grantee) name, address and contact person: Director of Public Works
City of Eden Prairie
8080 Mitchell Road Eden Prairie, MN 55344 Contact: Robert Ellis
2. Project(s):
Name of Project & Project Number (See Exhibit C for
location)
Amount of LRIP Funds
Amount of Required Matching Funds
Completion Date
2017 Rail Quiet Zone Project (Design Services) – Acct 305
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71,788.00 September 2020
3. Total Amount of LRIP Grant for all projects under this Agreement: $71,788.00
4. The following Exhibits for each project are attached and incorporated by reference as part of this Agreement: Exhibit A Completed Sources and Uses of Funds Schedule
Exhibit B Project Completion Schedule Exhibit C Bond Financed Property Certification Exhibit D Grant Application Exhibit E Grantee Resolution Approving Grant Agreement Exhibit F General Terms and Conditions
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5. Additional requirements, if any:
6. Any modification of this Agreement must be in writing and signed by both parties.
(The remaining portion of this page was intentionally left blank.)
MnDOT Agreement No. 1031870 (Rail)
City of Eden Prairie (GRANTEE)
By: Title: Mayor
Date:______________________________ By:
Title: City Manager Date:______________________________
DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance
By: Title: State Aid Programs Engineer
Date: Office of Financial Management, Grant Unit By:___________________________________
Agency Grant Supervisor Date:_________________________________ OFFICE OF CONTRACT MANAGEMENT By: _________________________________
Contract Administrator Date:_________________________________
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EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS USES OF FUNDS
Entity Supplying Funds Amount Expenses Amount
State Funds: Items Paid for with
LRIP
LRIP Grant $71.788.00 Grant Funds:
Rail Design $71,788.00 Other: ________________ $___________
________________ $___________ ________________ $___________
________________ $___________ ________________ $___________
________________ $___________ ________________ $___________
Subtotal $71,788.00 Subtotal $71,788.00
Public Entity Funds: Items paid for with Non-
Matching Funds $___________ LRIP Grant Funds:
________________ $___________ Other: ________________ $___________
________________ $___________ ________________ $___________
________________ $___________ ________________ $___________
________________ $___________
Subtotal $___________
Subtotal $___________
TOTAL FUNDS $71.788.00 = TOTAL PROJECT COSTS $71.788.00
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EXHIBIT B
PROJECT COMPLETION SCHEDULE September, 2020
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EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION State of Minnesota General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the real property located in the County of Hennepin, State of Minnesota that is generally described or illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the
“Restricted Property”) and acknowledges that the Restricted Property is or may become State
bond-financed property. To the extent that the Restricted Property is or becomes State bond-financed property, the undersigned acknowledges that: A. The Restricted Property is State bond-financed property under Minn. Stat. Sec.
16A.695, is subject to the requirements imposed by that statute, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; and B. The Restricted Property is subject to the provisions of the Local Road
Improvement Program Grant Agreement between the Minnesota Department of Transportation and the undersigned dated ________________, 20___; and C. The Restricted Property shall continue to be deemed State bond-financed
property for 37.5 years or until the Restricted Property is sold with the written
approval of the Commissioner of Minnesota Management and Budget. Date: __________________, 20____
City of Eden Prairie, a political subdivision of the
State of Minnesota By: ________________________________ Name: Ronald A. Case
Title: Mayor
By: ________________________________ Name: Rick Getschow
Title: City Manager
MnDOT Agreement No. 1031870 (Rail)
Attachment 1 to Exhibit C
GENERAL DESCRIPTION OF RESTRICTED PROPERTY The facility consists of highway-rail grade crossing signals with gates and related equipment that
will be constructed on property owned by the Twin Cities & Western Railroad Company The facility will be located at four (4) separate locations in the City of Eden Prairie Minnesota.
The facility includes four new railroad signals with gates and related equipment at the following crossings:
• Valley View Road (DOT # 393279U, RR MP 437.52)
• Eden Prairie Path Crossing (DOT # 972695V, RR MP 437.2)
• Birch Island Road (DOT # 393276Y, RR MP 435.90)
• West 62nd Street (DOT # 393274K, RR MP 435.21 )
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Valley View Road (DOT # 393279U, RR MP 437.52)
Eden Prairie Path Crossing (DOT # 972695V, RR MP 437.2)
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Birch Island Road (DOT # 393276Y, RR MP 435.90)
West 62nd Street (DOT # 393274K, RR MP 435.21)
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EXHIBIT D
GRANT APPLICATION Attach the grant application for the project
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EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
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EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS Article I DEFINITIONS
Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms
defined) unless the context specifically indicates otherwise: “Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed
in accordance with the provisions contained in Article VI hereof. “Agreement” - means the Local Road Improvement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
“Certification” - means the certification, in the form attached as Exhibit C, in which the Public Entity acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby.
“Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner” - means the Commissioner of Minnesota Management & Budget. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July
30, 2012, as it may be amended or supplemented. “Completion Date” - means the projected date for completion of the Project as indicated in the
Agreement. “Construction Contract Documents” - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor(s) for the completion of the Construction
Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” - means the work to be performed under the Construction Contract Documents. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to
MnDOT when an Advance is requested, as referred to in Section 4.02.
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“G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and any bonds issued to refund or replace such bonds. “Grant Application” - means the grant application that the Public Entity submitted to MnDOT which is attached as Exhibit D.
“LRIP Grant” - means a grant from MnDOT to the Public Entity under the LRIP in the amount specified in the Agreement, as such amount may be modified under the provisions hereof. “LRIP” - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules relating thereto.
“MnDOT” - means the Minnesota Department of Transportation. “Outstanding Balance of the LRIP Grant” - means the portion of the LRIP Grant that has been disbursed to the Public Entity minus any amounts returned to the Commissioner.
“Project” - means the Project identified in the Agreement to be totally or partially funded with a LRIP grant.
“Public Entity” - means the grantee of the LRIP Grant and identified as the Public Entity in the Agreement.
“Real Property” - means the real property identified in the Agreement on which the Project is located.
Article II GRANT Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and disburse the proceeds in accordance with the terms and conditions herein. Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by
one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter
term as authorized by statute, and which cannot be modified or terminated early without the prior written consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LRIP Grant solely to reimburse itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable activities: (i) preliminary, final construction and engineering and administration (ii) constructing or reconstructing city streets, county highways, or town roads with statewide or regional significance that have not been fully funded through other state, federal, or local funding sources; or (iii) capital improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage. The Public Entity shall not use the LRIP Grant for any other purpose, including but not limited to, any work to be done on a state trunk highway or within a trunk highway easement.
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Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city street and for other uses customarily associated therewith, such as trails and utility corridors, and for no other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually determine that the Real Property is being used for the purposes specified in this Section and, upon written
request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect. Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow another entity to use or operate the Real Property without the written consent of both MnDOT and the Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real
Property, or any lease or contract that would allow another entity to use or operate the Real Property, must comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order regarding such sale or lease. Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and
warrants to MnDOT that: A. It has legal authority to execute, deliver and perform the Agreement and all documents referred
to therein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified
in Section 2.04, and will include in its annual budget all funds necessary for the operation of the Real Property for such purposes. C. The Agreement and all other documents referred to therein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. D. It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes described in this Agreement.
E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct.
F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or
its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into the Agreement or any document referred to herein, or to perform any of the acts required of it in such documents. G. Neither the execution and delivery of the Agreement or any document referred to herein nor compliance with any of the provisions or requirements of any of such documents is prevented by, is a breach of, or will result in a breach of, any provision of any agreement or document to which it is now a party or by which it is bound.
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H. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. I. The Project will be completed and the Real Property will be operated in full compliance with all applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property. J. All applicable licenses, permits and bonds required for the performance and completion of the Project and for the operation of the Real Property as specified in Section 2.04 have been, or will be, obtained.
K. It reasonably expects to possess its ownership interest in the Real Property described in Section 2.02 for at least 37.5 years, and it does not expect to sell such ownership interest. L. It does not expect to lease out or enter into any contract that would allow another entity to use or operate the Real Property.
M. It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully pay for the Project.
N. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date and all such items will be situated entirely on the
Real Property. O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. P. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either MnDOT or the Commissioner. Q. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant
is and will be true and correct. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT
and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure to cure such event during such 30-day time period for those Events of Default that can be cured within 30
days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default; however, in no event shall the time period to cure any Event of Default exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner. A. If any representation, covenant, or warranty made by the Public Entity herein or in any other document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made.
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B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained herein. C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all rules related thereto.
D. If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in Section 2.03, the Grant Application, and in accordance with the LRIP. E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04.
F. If the Public Entity fails to complete the Project by the Completion Date. G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property without first obtaining the written consent of both MnDOT and the Commissioner.
H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project. I. If the Public Entity fails to supply the funds needed to operate the Real Property in the manner
specified in Section 2.04. Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing
by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon either MnDOT or the Commissioner giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce any or all of the following remedies. A. MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may make such disbursements after the occurrence of an Event of Default without waiving its rights and remedies hereunder.
B. If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a third party beneficiary of the Agreement, may require that the Public Entity pay the amounts
that would have been paid if there had been compliance with such provisions. For other Events of Default, the Commissioner may require that the Outstanding Balance of the LRIP Grant be returned to it.
C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may enforce any additional remedies it may have in law or equity. The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that MnDOT or the Commissioner would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor
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of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and
the action which the Public Entity proposes to take with respect thereto. Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be terminated under the circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of LRIP Grant. A. If the Project is not started within five (5) years after the effective date of the Agreement or the LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been
disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall
remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed and the Public Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s ownership interest in the Real Property if such ownership interest is an easement. Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed. Article III
COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695 AND THE COMMISSIONER’S ORDER Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only pay for a portion of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows:
A. It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as “bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested
sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Code Section 148.
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B. It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such funds are used for payments for the Project. C. It will, upon written request, provide the Commissioner all information required to satisfy the informational requirements set forth in the Code, including Sections 103 and 148, with respect
to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner, take such actions and furnish such documents as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal
taxation, which such action may include: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” within the meaning of Code Sections 141(b) and 145(a).
E. It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to take, any action that would adversely affect the exemption from federal income taxation of the
interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take, as appropriate, any such action, it shall take all lawful actions necessary to correct such actions or omissions promptly upon obtaining knowledge thereof.
Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn. Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. Article IV DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total
amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents
MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section 2.11 even if the entire LRIP Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been consented to, in writing, by the Commissioner. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate
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of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas:
Formula #1: Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 5.13 that have been disbursed) Formula #2: Cumulative Advances < (Program Grant) × (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances.
Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention
to so store materials prior to their delivery and MnDOT has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project.
The final Draw Requisition shall not be submitted before completion of the Project, including any correction of material defects in workmanship or materials (other than the completion of punch list items). At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities and that all requisite
certificates and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this
Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount of the requested Advance to the Public Entity. Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in MnDOT's notice.
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Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the LRIP Grant set forth in Section 1.01.
B. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. C. No determination shall have been made by MnDOT that the amount of funds committed to the
Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to MnDOT that sufficient funds are available.
D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project
and all other expenses that may occur in conjunction therewith. E. The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and agrees as follows: A. Advances are not made prior to completion of work performed on the Project. B. All Advances are processed on a reimbursement basis. C. The Public Entity must first document expenditures to obtain an Advance.
D. Reimbursement requests are made on a partial payment basis or when the Project is completed. E. All payments are made following the “Delegated Contract Process or State Aid Payment Request”
as requested and approved by the appropriate district state aid engineer. Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own
inspections and observations regarding the completion of the Project, and shall determine to its own satisfaction that all work done or materials supplied have been properly done or supplied in accordance with all contracts that the Public Entity has entered into regarding the completion of the Project. Article V MISCELLANEOUS Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional named insured therein.
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Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such
purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative
sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements
of this Section. Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the
written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other
alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such
acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or
18% per year based upon a 365-day year. Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn. Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto, and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such books and records for a period of six years after the date that the Project is fully completed and placed into operation. Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real Property upon reasonable request by MnDOT and without interfering with the normal use of the Real Property.
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Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The
Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusion from coverage in any insurance policy. Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project. No employee of the Public Entity or other person engaging in the performance of the Agreement or the Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on
behalf of said employees or other persons out of employment or alleged employment, including claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT,
the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner, or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave,
disability benefits, severance pay and retirement benefits. Section 5.08 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the address of the party specified below or to such different address as may in the future be specified by a party by written notice to the others: To the Public Entity: At the address indicated on the first page of the Agreement. To MnDOT at: Minnesota Department of Transportation Office of State Aid
395 John Ireland Blvd., MS 500 Saint Paul, MN 55155 Attention: Patti Loken, State Aid Programs Engineer
To the Commissioner at: Minnesota Management & Budget 400 Centennial Office Bldg.
658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any of its rights or obligations under the Agreement without the prior written consent of the other party. Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any
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breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued in the State of Minnesota District Court located in St. Paul, Minnesota. Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,
performed, and enforced as if the invalid provision did not appear herein. Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including
equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT whatever documentation MnDOT may request to substantiate the availability and source of any matching funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the
total cost of the Project and all of the funds that are available for the completion of the Project. The Public Entity will supply any other information and documentation that MnDOT or the Commissioner may request to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what is being done to satisfy such conditions. Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets forth the projected schedule for the completion of the Project.
Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB,
is and shall be a third-party beneficiary of this Agreement. Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity
may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may subsequently be amended or replaced from time to time. Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project and it shall fully comply with all of the provisions contained in
MnDOT Agreement No. 1031870 (Rail)
SAP 181-594-001
Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time to time. Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable
provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project.
Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or written, between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that
such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Rick Wahlen Public Works / Utilities
ITEM DESCRIPTION:
Authorize The Director of Public Works to Apply For and Seek Reimbursement From the Metropolitan Council Environmental Services
Municipal Infiltration/Inflow Grant Program
IEM NO.:
VIII.G.
Requested Action Move to: Adopt the resolution authorizing the Director of Public Works and his staff to track expenses, apply for reimbursement and submit such other documentation as deemed necessary
for grant completion and reimbursement of funds expended for qualifying municipal sanitary
sewer inflow/infiltration (I/I) projects approved by the Metropolitan Council Environmental Services Municipal Infiltration/Inflow Grant program. Background Information
The Metropolitan Council Environmental Services made grant money available to communities served by the Metropolitan wastewater collection and treatment system for the purpose of eliminating inflow of clear water through direct connections and infiltration of ground water through leaks in the public sanitary sewer system. This is the second Metropolitan Council I/I
grant made available to municipalities, and will be the second time Eden Prairie has participated
in the program. The available grant money for the period May 31, 2017 to November 1, 2019 will be disbursed in a fair-share apportion among approved grant applicants, calculated from each community’s actual expenses. Eden Prairie was approved by the Metropolitan Council as a qualifying participant, and will be reimbursed at a rate of 50% of its documented I/I costs up to
the fair-share value calculated by MCES.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-__ A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS AND HIS STAFF TO TRACK EXPENSES, APPLY FOR REIMUBURSEMENT AND SUBMIT
SUCH OTHER DOCUMENTATION AS DEEMED NECESSARY FOR REIMBURSEMENT OF INFLOW AND INFILTRATION MITIGATION EXPENSES THROUGH THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION / INFLOW GRANT PROGRAM
WHEREAS the Metropolitan Council Environmental Services made grant money available to qualifying cities within the Metropolitan Council service area for the purpose of reducing the amount of inflow and infiltration to the Metropolitan Council’s sanitary sewer interceptor and disposal system through qualifying improvement projects between May 31, 2017
and October 31, 2019; and
WHEREAS, the City of Eden Prairie applied for grant money from the Metropolitan Council Environmental Services inflow and infiltration grant fund pursuant to the grant program guidance; and
WHEREAS, the City’s formal application was accepted by the Metropolitan Council Environmental Services, thereby designating the City of Eden Prairie as a grant program participant; and
WHEREAS, Eden Prairie’s preliminary minimal allocation of the grant fund is
determined by the Metropolitan Council Environmental Services on a fair-share basis; and WHEREAS, participating cities must track qualifying inflow/infiltration project expenses throughout the grant period and submit for reimbursement from the Metropolitan Council
Environmental Services at the conclusion of the grant period.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE:
That the Director of Public Works and his staff are authorized to apply for reimbursement
of submitted expense reports and such other documentation as deemed necessary for grant completion and reimbursement of funds expended for qualifying municipal sanitary sewer inflow/infiltration projects approved by the Metropolitan Council Environmental Services Municipal Infiltration/Inflow Grant program.
ADOPTED by the City Council of the City of Eden Prairie this 12th day of November, 2019.
________________________ Ronald A. Case, Mayor ATTEST:
________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
November 12, 2019
DEPARTMENT / DIVISION
Administration Rick Clark, Facilities
ITEM DESCRIPTION
Fire Station 1 Sleeping Quarters for Duty Crew
ITEM NO.
VIII.H.
Requested Action Move to: Award Contract for construction of Fire Station 1 duty crew sleeping quarters to Gardner Builders.
Synopsis Gardner Builders $30,461.00 Diversified Construction $39,900.00
Background Fire staff requested to re-allocate money that was to be used for other Fire Station CIP projects towards constructing sleeping quarters for Duty Crews at Fire Station 1. The lack of crew rooms at station 1 impacts Fire staff’s operational effectiveness to deliver quality service to the City. Adding the crew
rooms to station 1 will provide facilities for our Duty Crew firefighters, promote health and wellness,
and allow more effective service delivery to the Community. Sleeping quarters at Fire Stations 2, 3 and 4 were constructed and completed throughout 2015 to similar plans and specs as proposed. Fire and Facilities staff determined what remodeling was required to provide sleeping quarters for the Duty Crew within the existing building envelope at Fire Station 1. Plans and specifications were prepared by DSO
Architecture. Quotes were received and verified, with Gardner Builders being the low quote. Staff
recommends accepting the quote from Gardner Builders.
Attachment Standard City Construction Contract with Gardner Builders
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 12th day of November, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Gardner Builders, a Minnesota Company
(hereinafter "Contractor") whose business address is 730 Second Avenue South Suite
1233, Minneapolis, MN 55402. . Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for
construction of sleeping quarters for the Duty Crew at Fire Station 1 hereinafter referred to as the
"Work". The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in
effect in any manner.
2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by February 28th 2020.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $30,461 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Standard Construction Contract 2018 08 01 Page 2 of 14
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
Standard Construction Contract 2018 08 01 Page 3 of 14
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All
goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
Standard Construction Contract 2018 08 01 Page 4 of 14
The Contractor shall post bonds to secure the warranties.
10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.;
all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part
thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such
compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate
Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
Standard Construction Contract 2018 08 01 Page 5 of 14
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in
connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract
upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
Standard Construction Contract 2018 08 01 Page 6 of 14
16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due
Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract.
Standard Construction Contract 2018 08 01 Page 7 of 14
19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, 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, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
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
Standard Construction Contract 2018 08 01 Page 8 of 14
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 “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “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 City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s 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 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 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 City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
Standard Construction Contract 2018 08 01 Page 9 of 14
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. 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, City’s
right to enforce the terms of Contractor’s obligations hereunder. 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
City, the City's 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 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 City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the 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 City within fifteen (15) days of receiving notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its 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 breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
Standard Construction Contract 2018 08 01 Page 10 of 14
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original.
Standard Construction Contract 2018 08 01 Page 11 of 14
28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
termination of this Contract and for one (1) year thereafter, without prior written consent
of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Contract or thereafter of any of
the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract 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 Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
33. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration
for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil
Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract 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
Standard Construction Contract 2018 08 01 Page 12 of 14
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.
35. Rights and Remedies. The duties and obligations imposed by this Contract 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. 36. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract 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 Contract.
38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract 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 Contractor in performing any of the functions of the City during performance of this Contract is subject
to the requirements of the Data Practice Act and Contractor shall comply with those
requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall
not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
Standard Construction Contract 2018 08 01 Page 13 of 14
CITY OF EDEN PRAIRIE
__________________________________ Ronald A. Case, Its Mayor ___________________________________
Rick Getschow, Its City Manager
GARDNER BUILDERS
By: ________________________________ Its: ________________________________
Standard Construction Contract 2018 08 01 Page 14 of 14
EXHBIIT A
Fire Station 1 Sleeping Quarters, in accordance with the Plans and Specifications contained in the Architectural drawings Fire Station #1 Eden Prairie, MN Crew Quarters dated October 21, 2019, prepared by DSO Architecture Commission no 1907, which Project Manual is
incorporated herein as if fully set forth.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Scott Gerber, Fire Chief
ITEM DESCRIPTION:
Adopt Hennepin County All-Hazard Mitigation Plan
ITEM NO.:
VIII.I.
Requested Action Move to: Adopt Resolution approving Hennepin County All-Hazard Mitigation Plan. Synopsis Hennepin County’s All-Hazard Mitigation Plan has been updated in 2018, since the initial plan development and approval in 2011 and has been tentatively approved by FEMA pending the approval by the local jurisdictions within Hennepin County of the Hennepin County Plan. As the City’s Emergency Management Director, I have reviewed the plan and find it acceptable.
Background Information The Hennepin County Multi-Jurisdictional All-Hazards Mitigation Plan was reviewed by FEMA based on the local criteria contained in 44 CFR Part 201, as authorized by the Disaster Mitigation
Act of 2000, and has met all the criteria for a multi-jurisdictional hazard mitigation plan.
Meeting these criteria has given us an “approved pending adoption” status. In order for Hennepin County to receive formal approval of the plan, there needs to be adoption by both Hennepin County and the participating jurisdictions. Hennepin County Emergency
Management has received approval from the County Board.
The Hennepin County All-Hazard Mitigation Plan will make the county and participating jurisdictions (Eden Prairie) eligible to receive FEMA hazard mitigation assistance grants. The Hennepin County All-Hazard Mitigation Plan can be found at https://www.hennepin.us/residents/emergencies/emergency-
management
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019- A RESOLUTION ADOPTING THE HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN
WHEREAS, the City of Eden Prairie has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a multi-jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Hennepin County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Hennepin County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Hennepin County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Hennepin County will maintain public participation and coordination; and WHEREAS, this multi-jurisdictional Plan was updated by the cities and Hennepin County in 2018, since the initial adoption in January, 2011; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland
Security and Emergency Management and the Federal Emergency Management Agency for
review and comment; and
WHEREAS, the Hennepin County All-Hazard Mitigation Plan will make the county and
participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and
WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning
process may choose to also adopt the County Plan.
NOW THEREFORE BE IT RESOLVED that the City of Eden Prairie supports the
hazard mitigation planning effort and wishes to adopt the Hennepin County All-Hazard
Mitigation Plan.
ADOPTED, by the City Council of the City of Eden Prairie, on the 12th day of
November, 2019.
______________________________
Ronald A. Case, Mayor
ATTEST:
______________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Approve Standard Contract for Goods and Services with Eickhof Columbaria Inc
ITEM NO.:
VIII.J.
Motion
Move to: Approve Standard Contract for Goods and Services with Eickhof Columbaria Inc for the purchase of the Pleasant Hill Cemetery Ossuarium in the amount of $49,150.00. Synopsis Staff recently presented concept plans to the Parks, Recreation and Natural Resources
Commission and the City Council for the addition of a columbarium at Pleasant Hill Cemetery. After receiving feedback, a contract was awarded to Odesa II for the site work at the cemetery for the placement of the columbarium. The work was completed this fall and staff is now requesting approval of the purchase and delivery of the columbarium. City staff and our consultant, WSB, researched three columbaria manufactures and Eickhof was the only one that
offered a columbarium/ossuarium unit that fit our unique site and style. If approved, the unit will be constructed over the winter and placed on the newly constructed footings and plaza in the spring. Attachment Goods and Services Contract – Eickhof Columbaria Inc
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 12th day of November, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Eickhof Columbaria Inc, a Minnesota company (hereinafter "Vendor")
whose business address is 1200 Bruce Street, Crookston, MN 56716.
.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for fabrication and delivery of an 80 Niche Winchester Ossuarium with heavy base and capstone option hereinafter referred to as the "Work".
The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit
A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by November 7, 2020.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $49,150.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a 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. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City.
Standard Purchasing Contract 2017 06 01 Page 2 of 6
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain 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.)
7. Indemnification. Vendor will defend and indemnify City, its 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 breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity.
9. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination.
10. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City.
Standard Purchasing Contract 2017 06 01 Page 3 of 6
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case.
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract 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 Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
Standard Purchasing Contract 2017 06 01 Page 4 of 6
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract 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. 25. Rights and Remedies. The duties and obligations imposed by this Contract 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. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract 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 Contract.
28. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
Standard Purchasing Contract 2017 06 01 Page 5 of 6
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Vendor in performing any of the
functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
VENDOR
By: ________________________________ Its: _______________________________
Standard Purchasing Contract 2017 06 01 Page 6 of 6
Exhibit A
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
November 12, 2019
DEPARTMENT / DIVISION
Police Department
ITEM DESCRIPTION
Approve Purchase of Gas Masks and Accessories
ITEM NO.
VIII.K.
Requested Action Move to: Approve the purchase of protective gas masks and accessories for $39,368. This purchase will
be funded from approved 2019 CIP funds. Synopsis
The Police Officers at the Eden Prairie Police Department are trained to provide mutual aid to partner
agencies and respond as needed to city events. Officers have been issued response bags with appropriate protective equipment for such events. Gas masks have been identified a necessary part of the response equipment. Masks will also be utilized for respiratory exposure risks while on duty.
Gas masks provide protection from chemical, biological, and radiological agents, as well as toxic
industrial chemicals and materials. The masks also allow for a wide field of view, ambidextrous canister mounting and comfort for extended use, which is essential in a law enforcement setting. The selected gas masks that are compatible with accessories and filter canisters that are already in-service at the Eden Prairie Police Department. The selected masks will also allow for the addition of accessories if future
needs change.
Bids were sought through state contract and through independent vendors. Due to non-compete agreements, Streicher’s was the only vendor able to provide a bid on the Avon product line. A competitive quote was obtained for 3M masks, but the masks were found to be incompatible with accessories already
in-service at the Eden Prairie Police Department. Initial and annual fit testing will be through a local
vendor that also does fit testing for the Eden Prairie Police SWAT Team and Eden Prairie Fire Department. Through current needs analysis, we have identified the need for 74 masks. This purchase will include the following accessories for each user: clear outer protectives lens, filter canisters, individual fit testing and
vision correction assemblies for users with vision adjustment.
The gas masks are on a 10 year replacement cycle and will be budgeted as such in the ongoing CIP planning process.
Attachment
Streicher’s sales quote Contract
Sell
To: Eden Prairie Police Dept.
8080 Mitchell Rd
Eden Prairie, MN 55344
SalesPerson
Ship
To:
SALES QUOTE
Eden Prairie Police Dept.
8080 Mitchell Rd
Eden Prairie, MN 55344
Sales Quote Number:
Sales Quote Date:
262
Rochel Moore
Page:
Q329798
04/02/19
1
Ship ViaTerms Net 15 612-325-1869Phone:rochelm@Streichers.comE-mail:
(952) 949-6200
(952) 949-6203
Phone:
Fax:
www.Streichers.com
10911 W Hwy 55
Minneapolis, MN 55441
Phone: 763-546-1155
Fax: 763-546-6776
Streicher's - Minneapolis
Federal ID # 41-1458127
Item No.UnitDescription Quantity Unit Price Total Price
AV-C50T.M EA 74 358.00 26,492.00Gas Mask: Avon C50 CBRN Twin-Port,
Medium
AV-COS EA 74 49.00 3,626.00LENS: Clear Outsert Assembly for C50, FM53,FM50(Acces)
AV-CTF12 PACK 20 165.00 3,300.00CanisterFilter: CTCF50 Riot Agent CS/CN/OCfor FM12/C50 4pk
Total:
Quoted prices do not include Sales Tax. All quoted prices are valid for 60 days from the date of the quote.
33,418.00
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 12, 2019
DEPARTMENT/DIVISION: Greg Weber, Police Chief ITEM DESCRIPTION: Upgrade of Police Squad Car Video and Audio System ITEM NO.:
VIII.L.
Requested Action
Motion to purchase police video and audio system for squad card from WatchGuard Video.
Synopsis The Police Department is requesting the approval of a contract for the purchase of a video and
audio surveillance system with WatchGuard Video out of Allen, TX. The system includes software to operate fully integrated video and audio surveillance in the station and squad cars, a server and related hardware, and the installation of cameras in squad cars and interview rooms. This project is funded by the Police Capital Maintenance and Reinvestment Fund ($150,000) and
IT Internal Service Fund ($69,877). Background The current WatchGuard squad camera system was installed in police squad cars in 2015.
Following five years of wear and tear, the equipment is in need of replacement and upgrade to new technology, which includes features such as wide angle cameras for capturing more of the scene, improved quality microphones, updated server technology and storage capabilities. The Police Department also researched Axon, who is a close competitor to Watchguard. This
would require us to convert our existing video storage from Watchguard. This system also does not provide options for onsite video storage. With a cloud hosted application, costs are upwards of $100,000 per year. Taking into consideration functionality, vendor service and fiscal responsibility, we propose to move forward with Watchguard.
WatchGuard Video Company Profile: WatchGuard Video is the leading provider of mobile video solutions for law enforcement, having supplied in-car video systems and body-worn cameras along with evidence management software
to approximately one-third of all law enforcement agencies in the United States and Canada.
Agencies use WatchGuard’s proprietary solutions to capture, manage and share digital video evidence using durable, reliable and high quality products including the 4RE® in-car and VISTA® body camera systems.
Attachments Watchguard Agreement Watchguard quote
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the _____day of______________, 20____, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ___________________________________________________, a Minnesota
______________________(hereinafter "Vendor") whose business address
is__________________________________________________________________________________________________. . Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for _____________________________________________________________
hereinafter referred to as the "Work".
The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of
the Work in accordance with attached Exhibit A. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or
completed by _____________________.
3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $_______________] OR [an hourly sum of $__________, with total payments not to exceed _________________] as full and complete payment for the goods, labor, materials and/or
services rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City.
5. Staffing. The Vendor has designated _________________________to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City.
[STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
5th November 19
415 E Exchange Pkwy, Allen, Texas 75002-2616
4RE/VISTA Product(s)/Service(s)
$219,877.00
WatchGuard Video, Inc.
Steve Doble - Regional Sales Manager
a Texas vendor - WatchGuard Video, Inc.
Standard Purchasing Contract 2017 06 01 Page 2 of 5
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
7. Insurance. a. General Liability. Vendor shall maintain a 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. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of
Vendor’s services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain 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. Indemnification. Vendor will defend and indemnify City, its 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 breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken
or not performed or taken by Vendor, its agents, contractors and employees, relative to this
Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
Standard Purchasing Contract 2017 06 01 Page 3 of 5
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract 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
Standard Purchasing Contract 2017 06 01 Page 4 of 5
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract 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. 25. Rights and Remedies. The duties and obligations imposed by this Contract 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. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract 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 Contract.
28. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination
Standard Purchasing Contract 2017 06 01 Page 5 of 5
by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract 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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract
shall contain similar Data Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
VENDOR
By: ________________________________
Its: _______________________________
Troy Montgomery - Director of Sales
4RE/VISTA Price
Quote
415 E. Exchange Parkway • Allen, TX • 75002
Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778
www.WatchGuardVideo.com
Page 1 of 2
CUSTOMER:Eden Prairie Police Department ISSUED: 10/7/2019 12:31 PM
EXPIRATION: 11/30/2019 6:00 AM
,
,,
,,,
TOTAL PROJECT ESTIMATED AT:
$219,877.00
ATTENTION:Lt. Matt Sackett SALES CONTACT: Douglas Armstrong
PHONE:952-949-6262 DIRECT: (469) 342-8968
E-MAIL:msackett@edenprairie.org E-MAIL:
doug.armstrong@motorolasolutions.com
4RE and VISTA Proposal
4RE In-Car System and Options
Part Number Detail Qty Direct Discount Total Price
4RE-STD-GPS-RV2
4RE Standard DVR Camera System with
integrated 200GB automotive grade hard drive, 16GB USB removable thumb drive, rear facing cabin camera, GPS, hardware, cabling and
your choice of mounting bracket.
21.00 $4,795.00 $225.00 $95,970.00
4RE-ELT-AMZ-200
4RE Audio Mezzanine DVR Camera System with support for dual HiFi microphones. Includes an
integrated 200GB automotive grade hard drive,
16GB USB removable thumb drive, rear facing cabin camera, GPS, hardware, cabling and
your choice of mounting bracket.
8.00 $4,895.00 $225.00 $37,360.00
CAM-4RE-PAN-NHD Additional Front Camera, 4RE, HD Panoramic 29.00 $200.00 $8.00 $5,568.00
4RE Interview System and Options
Part Number Detail Qty Direct Discount Total Price
4RE-STD-GPS-RV2
4RE Interview Room Camera System. Includes
dome camera, microphone, DVR, integrated
200GB automotive grade hard drive, 16GB USB removable thumb drive, desktop stand &
cabling, 1 yr. warranty and remote viewing
software. Supports the addition of a second
camera.
5.00 $4,995.00 $225.00 $23,850.00
Wireless Video Transfer and Networking Options
Part Number Detail Qty Direct Discount Total Price
4RE-WRL-KIT-101 4RE In-Car 802.11n Wireless Kit, 5GHz (2.4
GHz is available by request)29.00 $200.00 $8.00 $5,568.00
Microphone Options
Part Number Detail Qty Direct Discount Total Price
MIC-WRL-KIT-1v2 Hi-Fi Dual Microphone Kit, includes a transmitter, cradle, antenna, belt and pivot
clips.
4.00 $699.00 $0.00 $2,796.00
EXHIBIT A
4RE/VISTA Price
Quote
415 E. Exchange Parkway • Allen, TX • 75002
Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778
www.WatchGuardVideo.com
Page 2 of 2
4RE Hardware Warranties
Part Number Detail Qty Direct Discount Total Price
WAR-4RE-CAR-1ST Warranty, 4RE, In-Car, 1st Year (Months 1-12) 34.00 $0.00 $0.00 $0.00
WatchGuard Video Technical Services
Part Number Detail Qty Direct Discount Total Price
SVC-4RE-ONS-400 4RE System Setup, Configuration, Testing and
Training (WG-TS) 1.00 $2,500.00 $0.00 $2,500.00
BRK-DV1-MIC-100 4RE 5 Year Hardware and Software Maintenance Bundle 34.00 $1,375.00 $0.00 $46,750.00
DV1-AOH-GPS-RFB Trade-In Credit for 29 Existing 4RE Systems 34.00 $-500.00 $0.00 $-17,000.00
HDW-EL5-SRV-117 Server, EL5, 16 HDD, RAID 6, 3U, 11-25
Concurrent Devices, 5CAL, Gen 4 1.00 $8,295.00 $0.00 $8,295.00
HDW-SRV-HDD-16T Hard Drive, Server, EL5, 16TB, 6GB/s 7,200 RPM, 256MB, Enterprise, 4KN 6.00 $995.00 $0.00 $5,970.00
WAR-SRV-RCK-5YR
Extended Warranty, Rack Server (WGA00421-
116,-216,-117,-217)) Full Service On Site, 5-Year 1.00 $1,175.00 $0.00 $1,175.00
Shipping and Handling
Part Number Detail Qty Direct Discount Total Price
Freight Shipping/Handling and Processing Charges 1.00 $1,075.00 $0.00 $1,075.00
$219,877.00
Total Estimated Tax, may vary from State to State $0.00
Configuration Discounts $8,114.00
Additional Quote Discount $0.00
Total Amount $219,877.00
NOTE: This is only an estimate for 4RE & VISTA related hardware, software and WG Technical Services. Actual costs related to a
turn-key operation requires more detailed discussion and analysis, which will define actual back-office costs and any costs
associated with configuration, support and installation. Please contact your sales representative for more details.
To accept this quotation, sign, date and return with Purchase Order: _______________________________ DATE: _______________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
November 12, 2019
DEPARTMENT / DIVISION
Department
Scott Gerber/Fire Department
ITEM DESCRIPTION
Approve contract with Motorola for maintenance agreement on Dispatch consoles and logger system.
ITEM NO.
VIII.M.
Requested Action Move to: Approve contract for Good and Services with Motorola for maintenance and radio equipment in an amount not to exceed $38,530.80 and authorize the Mayor and City Manager to execute the contract and all related documents. Synopsis The Fire Department handles a variety of services related to the utilization and maintenance of two-way radio communications for the City. This contract covers the maintenance of four (4) Motorola dispatch consoles, (1) Nice Radio logger, (1) Nice Phone logger, and (1) backup radio and phone logger system. Maintenance includes monitoring of radio consoles with 24/7 phone support and on-site support.
The Fire Department recommends approving the contract with Motorola for the yearly maintenance on the dispatch consoles and Nice logger systems. The Motorola contract amount is $14,855.40 and Nice contract amount is $23,675.40, totaling $38,530.80. Both contracts are included together based on dependences of each system to work.
Attachments Motorola service agreement Nice service agreement
Date:
‐DISPATCH
‐ONSITE SUPPORT
SERVICE AGREEMENT
LSV01S01107A
MODEL/OPTION
952‐949‐8368
N/A
1036447929
Eden Prairie Fire Dept, City Of
8080 Mitchell Rd
Eden Prairie, MN 55344
Mark Vandenberghe
Customer Name:
Attn:
Billing Address:
City, State, Zip:
1299 E Algonquin Road
Schaumburg, IL 60196
(800) 247‐2346
25‐Sep‐2019
‐Dispatch System ID SZ740F2D18
‐MCC7500 Operator Position ‐ Qty: 4
SERVICES DESCRIPTION
*****Recurring Services*****
ESSENTIAL PLUS PACKAGE:
‐NETWORK HARDWARE REPAIR W/ ADV REPLACEMENT
Included Services:
‐PREVENTIVE MAINTENANCE
‐TECHNICAL SUPPORT***
‐SECURITY UPDATE SERVICE***
Covered Systems/Products:
Contract Number: USC000020862
Contract Modifier: R03‐JUL‐19 08:51:20
0002
01‐Nov‐2019
31‐Oct‐2020
ANNUALLY
P.O.#
Customer # :
Bill to Tag # :
Contract Start Date:
Contract End Date:
Payment Cycle:Phone:
Customer Contact:
SVC01SVC1103C NETWORK EVENT MONITORING
‐Dispatch System ID SZ740F2D18
State
MSI SYSTEM SUPPORT CTR IL
MSI INFRASTRUCURE DEPOT OPERATIONS IL
ANCOM TECHNICAL CENTER MN
Price with fee:
I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to
this Service Agreement, is incorporated herein by this reference.
***Customer is part of the ARMER System. Special taxation terms
apply. Customer receives Technical Support, SUA, and SUS under the
terms and conditions of Minnesota State Support Contract, D.O.A.
Contract No. 104183 (formerly Contract No. 16494), Release No. S‐
914(5) (R12# USC000007373).
The prices quoted via this service contract renewal are valid only until
expiration of the current service contract. If Customer does not
provide to MSI a valid, executed contract renewal within 30 days of
contract expiration a one‐time administrative fee equal to 5% of the
subsequent year's annual contract rate will be billed to the Customer
upon reestablishment of the expired service contract.
$15,598.20
14,855.40$
ELGIN
SPECIAL INSTRUCTIONS EXT PRICE
14,855.40$
‐$
Sub Total
Taxes
Grand Total
Subcontractor(s)
BURNSVILLE
THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING
JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.
City
SCHAUMBURG
CHARLES BENSON 615‐342‐9578
1299 E Algonquin Road
Schaumburg, IL 60196
(800) 247‐2346
MOTOROLA REPRESENTATIVE (PRINT NAME)PHONE
AUTHORIZED CUSTOMER SIGNATURE
MOTOROLA REPRESENTATIVE (SIGNATURE)TITLE DATE
Company Name:
TITLE DATE
Contract Number:
Contract Modifier:
Contract Start Date:
Contract End Date:
Eden Prairie Fire Dept, City Of
USC000020862
R03‐JUL‐19 08:51:20
01‐Nov‐2019
CUSTOMER (PRINT NAME)
SERVICE AGREEMENT
31‐Oct‐2020
Please email signed Service Agreement to:
charles.benson@motorolasolutions.com
Service Terms and Conditions
Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows:
Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement.
Section 2. DEFINITIONS AND INTERPRETATION 2.1. “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise.
2.2. “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement.
2.3. “Services” means those installation, maintenance, support, training, and other services described in this
Agreement.
Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement.
Section 4. SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are
prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.
4.6. If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure
events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by the transmission medium.
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to
maintain contact, as needed, with Motorola.
Section 8. INVOICING AND PAYMENT
8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date.
8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
8.3 At the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed. Should the annual inflation rate increase greater than 5% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 5%. The Midwest Region Consumer Price Index (https://www.bls.gov/regions/mountain-plains/news-release/consumerpriceindex_midwest.htm), All items, Not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics
Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Section 10. DEFAULT/TERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in
addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.
10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of
Service payments for the original Term.
Section 11. LIMITATION OF LIABILITY
See Addendum A
Section 12. EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by
a written agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by
authorized representatives of both parties.
Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section
survive the expiration or termination of this Agreement. Motorola's specifications, drawings, reprints and technical information shall be deemed trade secrets under Minnesota Data Practices Act and non-public. As to other data, the
provisions of 29.b. apply.
13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide
Customer with access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property
created as a result of or related to the Equipment sold or Services performed under this Agreement.
Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer
in any governmental matters.
Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found
to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises
by Motorola at any time without restriction.
Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State
in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s
reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the
Separation Event.
17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those
services on a time and materials basis at Motorola’s then effective hourly rates.
17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement
shall be treated as and shall have the same effect as an original signed copy of this document.
Motorola legal approved 11/5/2019
ADDENDUM A
CONTRACT NUMBER USC000020862
Section 11. Limitation of Liability is amended in its entirety as follows:
Except for personal injury or death, Motorola’s total liability to Owner, whether for
breach of contract, warranty, negligence, strict liability in tort, indemnification, or
otherwise, is limited to direct damages recoverable under law but not to exceed
the Contract Price. Motorola shall not be liable to Owner for any loss of use, loss
of time, inconvenience, commercial loss, lost profits or savings, or other special,
incidental or consequential damages related to or arising from this Agreement, the
sale or use of the Equipment, or the performance of services by Motorola pursuant
to this Agreement. Notwithstanding the preceding sentence, Owner may recover
from Motorola incidental damages resulting from Motorola’s breach for expenses
reasonably incurred in inspection, receipt, crating, packaging, transportation,
recovery of Goods, and care and custody of Goods rightfully rejected, but such
incidental damages shall not exceed $50,000. No action for contract breach or
otherwise relating to the transactions contemplated by this Agreement may be
brought more than one (1) year after the accrual of the cause of action, except for
money due upon an open account. This limitation of liability will survive the
expiration or termination of this Agreement and applies notwithstanding any
contrary provision.
Section 18. Assignment. Neither party shall assign this Agreement, nor any
interest arising herein, without the written consent of the other party.
Section 19. Compliance with Laws and Regulations. In providing services
hereunder, the Contractor shall abide by statutes, ordinances, rules, and
regulations pertaining to the provisions of services to be provided. Any violation of
statutes, ordinances, rules and regulations pertaining to the services to be provided
shall constitute a material breach of this Agreement and entitle the City to
immediately terminate this Agreement.
Section 20. Conflicts. No salaried officer or employee of the City and no member
of the Council of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the Agreement void.
Section 21. Damages. In the event of a breach of this Agreement by the City,
Contractor shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
Section 22. Entire Agreement, Construction, Application and Interpretation. This
Agreement is in furtherance of the City’s public purpose mission and shall be
construed, interpreted, and applied pursuant to and in conformance with the City's
public purpose mission. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject matter hereof. Any
alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein.
Section 23. Governing Law. This Agreement shall be controlled by the laws of the
State of Minnesota.
Section 24. Non-Discrimination. During the performance of this Agreement, the
Contractor shall not discriminate against any employee or applicants for
employment because of race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation or age.
The Contractor shall post in places available to employees and applicants for
employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment.
The Contractor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors
for such work to incorporate such requirements in all subcontracts for program
work. The Contractor further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights
Act of 1964, and the Americans with Disabilities Act of 1990.
Section 25. 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.
Section 26. 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.
Section 27. Services Not Provided For. No claim for services furnished by the
Contractor not specifically provided for herein shall be honored by the City.
Section 28. 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.
Section 29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting
procedures and practices of the Contractor or other parties relevant to this
Agreement are subject to examination by the City 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. Any reports, information, or data in any form given to,
or prepared or assembled by the Contractor under this Agreement which the City
requests to be kept confidential, shall not be made available to any individual or
organization without the City's prior written approval. 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 Contractor in performing any of the functions of
the City during performance of this Agreement is subject to the requirements of
the Data Practice Act and Contractor shall comply with those requirements as if it
were a government entity. All subcontracts entered into by Contractor in relation
to this Agreement shall contain similar Data Practices Act compliance language.
Section 30. 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.
Motorola legal approved 11/5/2019
Date:
State
Price with fee:NICE SYSTEMS INC VA
MSI INFRASTRUCURE DEPOT OPERATIONS IL
ANCOM TECHNICAL CENTER MN
I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to
SERVICE AGREEMENT
SVC02SVC0126A
MODEL/OPTION
952‐949‐8368
N/A
1036447929
Eden Prairie Fire Dept, City Of
8080 Mitchell Rd
Eden Prairie, MN 55344
Mark Vandenberghe
Customer Name:
Attn:
Billing Address:
1299 E Algonquin Road
Schaumburg, IL 60196
(800) 247‐2346
25‐Sep‐2019
‐Dispatch System ID SZ740F2D18_(NICE)
SERVICES DESCRIPTION
*****Recurring Services*****
NICE GOLD‐LITE PACKAGE
City, State, Zip:01‐Nov‐2019
31‐Oct‐2020
ANNUALLY
P.O.#
Customer # :
Bill to Tag # :
Contract Start Date:
Contract End Date:
Payment Cycle:
Contract Number: USC000008396
Contract Modifier: R03‐JUL‐19 08:50:37
0002
Phone:
Customer Contact:
Subcontractor(s)
BURNSVILLE
THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING
JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.
SPECIAL INSTRUCTIONS EXT PRICE
23,675.40$
‐$
Sub Total
Taxes
The prices quoted via this service contract renewal are valid only until
expiration of the current service contract. If Customer does not provide
to MSI a valid, executed contract renewal within 30 days of contract
expiration a one‐time administrative fee equal to 5% of the subsequent
year's annual contract rate will be billed to the Customer upon
reestablishment of the expired service contract.
$24,859.20
23,675.40$
ELGIN
City
RESTON
Grand Total
CHARLES BENSON 615‐342‐9578
this Service Agreement, is incorporated herein by this reference.
AUTHORIZED CUSTOMER SIGNATURE
MOTOROLA REPRESENTATIVE (PRINT NAME)PHONE
MOTOROLA REPRESENTATIVE (SIGNATURE)TITLE DATE
TITLE DATE
CUSTOMER (PRINT NAME)
Service Terms and Conditions
Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows:
Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement.
Section 2. DEFINITIONS AND INTERPRETATION 2.1. “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise.
2.2. “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement.
2.3. “Services” means those installation, maintenance, support, training, and other services described in this
Agreement.
Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement.
Section 4. SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are
prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.
4.6. If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure
events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by the transmission medium.
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to
maintain contact, as needed, with Motorola.
Section 8. INVOICING AND PAYMENT
8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date.
8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
8.3 At the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed. Should the annual inflation rate increase greater than 5% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 5%. The Midwest Region Consumer Price Index (https://www.bls.gov/regions/mountain-plains/news-release/consumerpriceindex_midwest.htm), All items, Not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics
Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Section 10. DEFAULT/TERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in
addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.
10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of
Service payments for the original Term.
Section 11. LIMITATION OF LIABILITY
See Addendum A
Section 12. EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by
a written agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by
authorized representatives of both parties.
Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section
survive the expiration or termination of this Agreement. Motorola's specifications, drawings, reprints and technical information shall be deemed trade secrets under Minnesota Data Practices Act and non-public. As to other data, the
provisions of 29.b. apply.
13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide
Customer with access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property
created as a result of or related to the Equipment sold or Services performed under this Agreement.
Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer
in any governmental matters.
Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found
to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises
by Motorola at any time without restriction.
Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State
in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s
reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the
Separation Event.
17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those
services on a time and materials basis at Motorola’s then effective hourly rates.
17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement
shall be treated as and shall have the same effect as an original signed copy of this document.
Motorola legal approved 11/5/2019
ADDENDUM A
CONTRACT NUMBER USC000008396
Section 11. Limitation of Liability is amended in its entirety as follows:
Except for personal injury or death, Motorola’s total liability to Owner, whether for
breach of contract, warranty, negligence, strict liability in tort, indemnification, or
otherwise, is limited to direct damages recoverable under law but not to exceed
the Contract Price. Motorola shall not be liable to Owner for any loss of use, loss
of time, inconvenience, commercial loss, lost profits or savings, or other special,
incidental or consequential damages related to or arising from this Agreement, the
sale or use of the Equipment, or the performance of services by Motorola pursuant
to this Agreement. Notwithstanding the preceding sentence, Owner may recover
from Motorola incidental damages resulting from Motorola’s breach for expenses
reasonably incurred in inspection, receipt, crating, packaging, transportation,
recovery of Goods, and care and custody of Goods rightfully rejected, but such
incidental damages shall not exceed $50,000. No action for contract breach or
otherwise relating to the transactions contemplated by this Agreement may be
brought more than one (1) year after the accrual of the cause of action, except for
money due upon an open account. This limitation of liability will survive the
expiration or termination of this Agreement and applies notwithstanding any
contrary provision.
Section 18. Assignment. Neither party shall assign this Agreement, nor any
interest arising herein, without the written consent of the other party.
Section 19. Compliance with Laws and Regulations. In providing services
hereunder, the Contractor shall abide by statutes, ordinances, rules, and
regulations pertaining to the provisions of services to be provided. Any violation of
statutes, ordinances, rules and regulations pertaining to the services to be provided
shall constitute a material breach of this Agreement and entitle the City to
immediately terminate this Agreement.
Section 20. Conflicts. No salaried officer or employee of the City and no member
of the Council of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the Agreement void.
Section 21. Damages. In the event of a breach of this Agreement by the City,
Contractor shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
Section 22. Entire Agreement, Construction, Application and Interpretation. This
Agreement is in furtherance of the City’s public purpose mission and shall be
construed, interpreted, and applied pursuant to and in conformance with the City's
public purpose mission. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject matter hereof. Any
alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein.
Section 23. Governing Law. This Agreement shall be controlled by the laws of the
State of Minnesota.
Section 24. Non-Discrimination. During the performance of this Agreement, the
Contractor shall not discriminate against any employee or applicants for
employment because of race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation or age.
The Contractor shall post in places available to employees and applicants for
employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment.
The Contractor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors
for such work to incorporate such requirements in all subcontracts for program
work. The Contractor further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights
Act of 1964, and the Americans with Disabilities Act of 1990.
Section 25. 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.
Section 26. 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.
Section 27. Services Not Provided For. No claim for services furnished by the
Contractor not specifically provided for herein shall be honored by the City.
Section 28. 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.
Section 29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting
procedures and practices of the Contractor or other parties relevant to this
Agreement are subject to examination by the City 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. Any reports, information, or data in any form given to,
or prepared or assembled by the Contractor under this Agreement which the City
requests to be kept confidential, shall not be made available to any individual or
organization without the City's prior written approval. 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 Contractor in performing any of the functions of
the City during performance of this Agreement is subject to the requirements of
the Data Practice Act and Contractor shall comply with those requirements as if it
were a government entity. All subcontracts entered into by Contractor in relation
to this Agreement shall contain similar Data Practices Act compliance language.
Section 30. 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.
Motorola legal approved 11/5/2019
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/Steve Durham
ITEM DESCRIPTION:
Costco Fuel Facility Expansion
ITEM NO.:
IX.A.
Requested Action
• Close the Public Hearing; and
• Adopt a Resolution for Planned Unit Development Concept Review on approximately
18.18 acres; and
• Approve the 1st reading of Planned Unit Development District Review with waivers on approximately 18.18 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions
Synopsis The applicant is requesting to expand the existing fuel facility that has been in place since 2003.
The current fuel facility consists of eight (8) dispensers or 16 fueling stations. Proposed are four (4) dispensers increasing the total fueling stations to 24. The dispensers will be located in tandem fashion. Expansion of the canopy will cover all existing and new dispensers.
There will be no alterations to the principal building. The plan meets landscape requirements.
The applicant has submitted a narrative demonstrating the new dispensers will not create
additional traffic volume as the Costco Site is a member only facility. However, the additional dispensers will reduce wait time as documented by a traffic study. Requested Waiver
The applicant is requesting waivers for two existing driveway widths at the property line. City Code maximum driveway width at the property line is 30’. The request is thirty-seven feet (37’) on the east driveway and thirty-eight feet (38’) on the west driveway. Both requests are for existing conditions. The approved 2003 approved plans indicated the existing driveway widths,
but were not included as waivers. The requested waivers captures the existing driveway width
scenario. Planning Commission Recommendation
The Planning Commission voted 7-0 to recommend approval of the project at the October 14,
2019 meeting. Planning Commission recommended the attendant controller accessory structure exterior building materials be revised to reflect class one materials as approved in 2003. The Planning Commission suggested the applicant review the potential for installation of electric vehicle charging stations.
The applicant has revised the exterior building materials on the controller accessory structure consistent with Planning Commission direction. The applicant has provided a response to the potential installation of electric vehicle charging
stations. In the response, Costco has not revised the plans to include electric vehicle charging
stations. In Costco’s experience the provision of electric vehicle charging stations, including fast chargers, has not been appropriate due to the limited charge time that would be attained during a shopping visit. Costco has also identified that at other Costco sites where electric vehicle charging stations have been installed utilization was low.
Attachments 1. Resolution for PUD Concept 2. Ordinance for PUD with Waivers
3. Staff Report
4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes from October 14, 2019
8. Letter addressing Electrical Vehicle Charging Station Stamp dated 10-31-19 and revision
date October 22, 2019 9. Project Narrative Stamp dated 10-31-19 and revision date October 22, 2019
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE COSTCO FUEL FACILITY EXPANSION
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on October 14,
2019, on the Costco Fuel Facility Expansion by Costco Wholesale, a Washington corporation
and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on November 12, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Costco Fuel Facility Expansion, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”).
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated October 31, 2019,
3. That the PUD Concept meets the recommendations of the Planning Commission
dated October 14, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 12th day of November,
2019.
_______________________
Ronald A. Case, Mayor
ATTEST: ______________________________
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description
Lot 1, Block 1 Emerson Process Management addition, According to the recorded plat thereof,
Hennepin County Minnesota; except that part which lies southerly of the line 1 below:
Line 1: Beginning at a point on the west line of said Lot 1, Block 1, Emerson Process Management Addition distant 68.00 feet northerly of the southwest corner of said Lot 1, thence easterly to a point on the west line of said lot 1 distant 67.00 feet northerly of the southeast corner of said Lot 1 and
there terminating.
(Abstract Property)
COSTCO FUEL FACILITY EXPANSION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2019-PUD-__-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District __-2019-PUD-__-2019 (hereinafter "PUD-__-2019-_______).
Section 3. The City Council hereby makes the following findings: A. PUD-__-2019-______ is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-__-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-__-2098-____ are justified by the design of the
development described therein. D. PUD-__-2019-_______ is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2019, entered into between Costco Wholesale Corporation, a Washington corporation and the City of Eden Prairie, (hereinafter “Development
Agreement”). The Development Agreement contains the terms and conditions of PUD-__-2019-
________, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service Zoning District and shall be included
hereafter in the Planned Unit Development __-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 12th day of November, 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 ____ day of ___________, 2019.
ATTEST:
_____________________________ _______________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on__________________, 2019.
EXHIBIT A
PUD Concept
Legal Description:
Lot 1, Block 1 Emerson Process Management addition, According to the recorded plat thereof,
Hennepin County Minnesota; except that part which lies southerly of the line 1 below: Line 1: Beginning at a point on the west line of said Lot 1, Block 1, Emerson Process Management Addition distant 68.00 feet northerly of the southwest corner of said Lot 1, thence
easterly to a point on the west line of said lot 1 distant 67.00 feet northerly of the southeast
corner of said Lot 1 and there terminating. (Abstract Property)
Lake IdlewildSITE
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City of Eden Prairie Land Use Guide
Plan Map 2000-2030
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DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008
DATE Revised 02-23-06
DATE Approved 03-19-03DATE Revised 01-07-05DATE Revised 11-07-05
DATE Revised 03-23-06DATE Revised 06-23-06
DATE Revised 12-06-06
DATE Revised 03-01-07
DATE Revised 06-01-07DATE Revised 10-01-07
DATE Revised 03-01-08
DATE Revised 03-01-09
Guide Plan Map: Costco Fuel Facility Expansion
Address: 12011 Technology Drive
Eden Prairie, MN 55344
Rural Residential 0.10 Units/Acre
Low Density Residential 0-2.5 Units/Acre
Low Density/Public/Open Space
Medium Density residential 2.5-10 Units/Acre
Medium Density Residential/Office
High Density Residential 10-40 Units/Acre
Airport
Office
Office/Industrial
Office/Public/Open Space
Industrial
Neighborhood Commercial
Community Commercial
Regional Commercial
Town Center
Park/Open Space
Public/Quasi-Public
Golf Course
Church/ Cemetary
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Right-Of-Way
CityLimits 380 0 380190 Feet
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In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail.
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Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.150.075
Miles
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008
Zoning Map: Costco Fuel Facility Expansion
Address: 12011 Technology Drive
Eden Prairie, MN 55344
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Regional Service Commercial
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TC-C
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General Industrial - 5 Acre Min.
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Aerial Map: Costco Fuel Facility Expansion
Address: 12011 Technology Drive
Eden Prairie, MN 55344
0 310 620155 Feet
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, OCTOBER 14, 2019 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher
Villarreal, Carole Mette, Balu Iyer
CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members DeSanctis and Weber were absent.
III. APPROVAL OF AGENDA
MOTION: Higgins moved, seconded by Iyer to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Farr moved, seconded by Kirk to approve the minutes of September 9, 2019.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
COSTCO FUEL FACILITY EXPANSION (CONTINUED ITEM)) Request for:
Planning Unit Development Concept Review on 18.18 acres
Planning Unit Development District Amendment with Waivers on 18.18 acres
Site Plan Review on 18.18 acres
Julie Anderson, project planner of Barghausen Consulting Engineers, displayed a PowerPoint and explained the application. The project called for a PUD
PLANNING COMMISSION MINUTES October 14, 2019
Page 2
amendment and a site plan review for the expansion of the Costco gas station at
the eastern edge of the facility and on the north of the development. Four new multi-product dispensers, coming to a total of 8 new fueling stations, an expanded canopy, one new 40,000-gallon UST and a new controller enclosure would be constructed to reduce vehicles queues, improve circulation, and produce a more
fuel-efficient purchasing experience. The expansion would be in keeping with the
existing fuel facility, the Costco warehouse, and the surrounding area. The applicant would abide by the conditions of the staff report.
Mette asked if the attendant station would be completely reconstructed. Anderson
replied this was more of a mechanical equipment enclosure and it would be
constructed and the existing one demolished. Mette noted the new one would have steel panels, whereas the existing was brick in a style that matched the pillars under the gas station awning. She urged the applicant to maintain the current architectural style. Anderson stated the new design was Costco’s current standard, but the applicant was willing to reevaluate if the City Council found an
issue.
Villarreal asked if the transformer was being moved or expanded and if the site was amenable to a larger transformer. Anderson replied the transformer would not be expanded. Villarreal noted this site was across from a large substation that
could accommodate other types of fueling sources, such as DC fast charging, and it would not be a bad idea to prepare for that. Anderson replied Costco had not considered that; current plans showed the site remaining a gas station offering regular, unleaded, and premium gas. Costco had no plans for piloting electric fueling. Higgins asked if circulation would be improved to avoid vehicles being
lined up without egress in conflict with cross traffic. Anderson replied there would be no circulation issues to her or Costco’s knowledge due to this redesign; the intent was to have members stop before exiting the fuel facility.
Pieper asked for metrics for wait times and busy times. Anderson introduced
Costco’s traffic consultant, Chris Teasler of Kittleson and Associates. Teasler stated there was no planned change in configuration for egress. Pavement markings would indicate traffic should stop for cross traffic. This was a common setup for Costco across the fleet. Regarding traffic volume, Costco was a members-only fuel service, and so no straight line growth in audience would
result. There would be only a nominal increase increased traffic due to increased demand. Members likely would shop instead of waiting if there was a queue. Costco envisioned increasing the processing capacity by 50 percent. The average wait times were variable; traffic analysis looked queues at two peak periods.
Costco anticipated a 30-50 percent decrease in queue length which translated into
30-50 percent decrease in wait time with this proposal.
Mette expressed concern about the layout moving from two-to three-stalls deep which could cause delays. Teasler replied the design was set up to provide
PLANNING COMMISSION MINUTES October 14, 2019
Page 3
additional space of five feet between the second and third dispensers, allowing
cars to pull in and out. Costco adopted a new system for stalls over two deep: an LED board detects the presence of a car and a symbol turns to green from red when a stall becomes empty. This plus the presence of gas station attendants should address this concern. Mette commended the design.
Klima presented the staff report. The Costco Fuel Facility Expansion project was initially scheduled for the August 12, 2019 Planning Commission meeting. The applicant requested a continuance to September 9, 2019 in order to address staff concerns regarding internal traffic flow on the east driveway. The applicant
requested a second continuance to October 14, 2019 Planning Commission
meeting. The applicant proposed a fuel facility expansion of the canopy and addition of four new pump dispensers. There will be no alterations to the principal Costco building. The applicant addressed the internal traffic flow concern with a revised plan without altering the east driveway and provided a traffic analysis report supporting the new fuel facility layout. The applicant was seeking a PUD
amendment with waivers to construct this project and there would be some parking removal, but the parking exceeded the required number of stalls. Staff recommended approval.
Farr noted two aerial photos showing the current and original construction and
asked for the timeline. Klima replied to the best of staff’s knowledge there was not a public hearing on the first expansion and the addition of those pumps. Farr asked if Costco was not increasing impervious area why the easement was required. Rue replied this was a Watershed District requirement rather than a City one. The original station could have been built before the Watershed regulations
went in. Farr asked if the second parking reduction met the City Code minimum, and Klima replied the parking still exceeded Code requirements.
Mette added she took a quick look at the Code, and all buildings were required to meet the architectural materials of Class One materials, but this redesign did not
follow that. Klima replied the Code did require a 75:25 ratio of Class I to Class II materials, but for an accessory structure of this type, the building materials would need to be consistent and complementary to those materials used in the primary structure. Staff would continue to work with the applicant to increase the Class I materials such as brick. Mette reiterated the continuation of the brick as a
preference for this redesign.
MOTION: Iyer moved, seconded by Farr to close the public hearing. MOTION CARRIED 7-0.
Farr agreed with Mette on having a brick-clad enclosure, urging an oak color to match the brick. He also underscored Villarreal’s suggestion regarding preparing for electrical charging stations; Costco should move toward embracing this. Farr urged the applicant to take this idea back to management and show leadership on
PLANNING COMMISSION MINUTES October 14, 2019
Page 4
this question. Villarreal thanked Farr for supporting his suggestion, and agreed
with Farr and Mette on using Class I materials. He explained the difference between DC-fast charging (seven minutes or less) and conventional charging (up to 45 minutes). Pieper also urged the applicant to keep the materials as similar to the current structure as possible.
MOTION: Farr moved, seconded by Kirk to recommend approval of the Planning Unit Development Concept Review on 18.18 acres, the Planning Unit Development District Amendment with Waivers on 18.18 acres, and the Site Plan Review on 18.18 acres based on plans stamp dated September 23, 2019 and the
information contained in the staff report dated October 3, 2019. MOTION CARRIED 7-0.
B. NINE MILE CREEK WATERSHED DISTRICT OFFICE BUILDING ADDITION (2019-17) Request for:
Planned Unit Development Concept Review on 5.31 acres
Planned Unit Development District Amendment with Waivers on 5.31 acres
Site Plan Review on 5.31 acres
Randy Anhorn, Administrator of Nine Mile Creek Watershed District, presented a PowerPoint and detailed the application. The land in question, in the northwest
quadrant between Highway 494 and Valley View Road was donated in 2011. The
building’s setback would be 350 feet from Gerard Drive and be open to the public. The use and development of the land would be limited due to an agreement between the City and the Minnesota Land Trust. He did not anticipate further increases in the future. The style attempted to be a Prairie Style/Frank
Lloyd Wright design, in keeping with the architectural integrity of the existing
home, and there was a landscape plan including a rain garden, a cistern for rain water, screening plantings, buckthorn removal and permeable pavers accompanying the parking design. A neighborhood meeting was held to explain the development; one resident attended.
Kirk noted there seemed to be minimal traffic impact with this design. There were no neighbors in attendance tonight.
Klima presented the planner’s report. The Nine Mile Creek Watershed District
proposed to construct a 486 square foot addition onto the northwest corner of the
existing building, on the property located at 12800 Gerard Drive just west of Gordon Drive. The proposed building addition included three office spaces for existing staff. This project did not include increases to staff or meetings. The applicant proposed the same building architecture and materials so the addition
would match the existing building. An existing raingarden in the location of the
PLANNING COMMISSION MINUTES October 14, 2019
Page 5
addition would be relocated to the north and east sides of the addition. Staff
recommended approval with conditions.
MOTION: Kirk moved, seconded by Villarreal to close the public hearing. MOTION CARRIED 7-0.
Farr commended this low-impact, environmentally sensitive project and encouraged commissioners and the public to visit the area, called “Discovery Point.” Mette stated the waiver was well justified as the building would not be visible from the street. Villarreal noted there was roughly 480 square feet left in
the allowance and asked if there would be new additions. Anhorn replied there
were no specific plans for future additions. He could not put constraints on future boards but there were no plans for future changes to his knowledge.
MOTION: Kirk moved, seconded by Villarreal to recommend approval Planned Unit Development Concept Review on 5.31 acres, Planned Unit Development
District Amendment with Waivers on 5.31 acres, and Site Plan Review on 5.31 acres based on plans stamp dated September 23, 2019 and information contained in the staff report dated October 3, 2019. MOTION CARRIED 7-0.
VI. PLANNERS’ REPORT
VII. MEMBERS’ REPORTS
VIII. ADJOURNMENT
MOTION: Iyer moved, seconded by Kirk to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 7:45 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Beth Novak-Krebs
ITEM DESCRIPTION:
Nine Mile Creek Watershed District Office Addition
ITEM NO.:
IX.B.
Requested Action Move to:
• Close the Public Hearing; and
• Adopt the Resolution for the Planned Unit Development Concept Review on 5.31 acres;
and
• Approve the 1st Reading of the Ordinance for the Planned Unit Development District Review with waivers on 5.31 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis
The applicant is requesting approval to construct a 486 square foot building addition onto the existing office building. The property is located at 12800 Gerard Drive just north of Gerard Drive and west
of Gordon Drive. The property is 5.3 acres and includes the Nine Mile Creek Watershed District Offices and board room. The addition is being proposed at the northwest corner of the existing building.
The proposed addition is being added to accommodate the space needs of the existing staff. The design and building material of the addition will match the existing office portion of the building. The
existing raingarden in the northwest corner of the building will be relocated to the north and east side of the new addition.
Background
In 2018, the City amended the Declaration of Covenants, Conditions and Restrictions to increase the limit of the number of employees using the Property as their office to five (5) FTE
employees, not including student interns and to increase the limit of the number of Board of
Managers evening meetings per year on the Property to twenty (20). The applicant is not
proposing any further increases to the number of employees or meetings with this application. Building Expansion The Declaration of Covenants, Conditions and Restrictions state “Subsequent to the date of the
Declarations any expansion, modification, or replacement of an existing building or structure
shall not substantially alter the character or function of the current residential structure and
shall not exceed the total covered ground area or footprint of the current residential structure by more than 50%.” The footprint of the original residential structure was 3,826 square feet. A 50% increase in the original footprint allows 1,913 square feet of expansion. In 2014, the Watershed
District remodeled the building and added approximately 979 square feet and the proposed
addition is 486 square feet for a total expansion to date of 1,465 square feet. This allows the Watershed District to expand another 448 square feet at some point in the future. Requested Waiver The property is currently guided Public and zoned Public. The applicant is requesting a waiver
for the building material on the addition. Following is the waiver being requested: A. Building Materials City Code requires buildings in the Public Zoning District to include 75% of at least three contrasting yet complimentary Class I materials such as glass, brick, and stone with one color variation therein. The Waiver allows each façade to include one Class 1 material
(glass) with two Class II materials (fiber cement siding and metal) and no color variation
in the Class I material. The applicant is requesting a waiver from the building material standards so the building addition can match the appearance of the current office portion of the building. The current building
material includes primarily fiber cement siding and trim (Class II material), a small amount of
metal coping (Class II material) and some windows (Class I material). The waiver allows the addition to include the same building materials with percentages similar to the existing office portion of the building. There is color variation with the Class II material. This is consistent with the residential character of the neighborhood.
Sustainable Features The lighting for the addition will include LED energy saving fixtures. The R-value will match the highly efficient walls of the existing renovated structure. The existing efficient HVAC system will extend to the addition.
The addition will have a negligible impact on the current stormwater management plan which exceeds watershed district and city standards. The Watershed District plans on continuing the use of low mow fescues and native vegetation
throughout the site to reduce the need for irrigating. The results will yield more conservation of
water. Native vegetation will promote a pollinator friendly site and increase biodiversity.
Planning Commission Recommendation
The Planning Commission voted 7-0 to recommend approval of the project at the October 14, 2019 meeting. Attachments
1. Resolution for PUD Concept 2. Ordinance for PUD with Waivers 3. Staff Report
4. Guide Plan Map
5. Zoning Map 6. Aerial Map 7. Planning Commission Minutes – October 14, 2109
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF NINE MILE CREEK WATERSHED DISTRICT OFFICE ADDITION FOR THE NINE MILE CREEK WATERSHED DISTRICT
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on October 14,
2019, on the Nine Mile Creek Watershed District Office Addition by the Nine Mile Creek
Watershed District Office and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on November 12, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Nine Mile Creek Watershed District Office Addition, being in Hennepin County,
Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”).
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated October 22, 2019.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated October 14, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 12th day of November,
2019.
_______________________
Ronald A. Case, Mayor
ATTEST:
______________________________ Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Lot 1, Block 1, Kaerwer Addition, according to the recorded plat thereof, Hennepin County,
Minnesota
(Torrens Property)
NINE MILE CREEK WATERSHED DISTRICT OFFICE ADDITION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019-PUD-_-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within the Public Zoning District -2019-PUD-_-2019 (hereinafter "PUD-_-2019- ”).
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of entered into between Nine Mile Creek Watershed District, a political subdivision of the State of Minnesota, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2019- , and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings: A. PUD-_-2019- is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-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-_-2019- are justified by the design of the
development described therein.
D. PUD-_-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
amended in the Public Zoning District hereafter in the Planned Unit Development PUD-_-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 12th day of November, 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 ____ day
of ________, 2019. ATTEST:
__________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on October 21, 2019.
EXHIBIT A
PUD Legal Description
Legal Description Lot 1, Block 1, Kaerwer Addition, according to the recorded plat thereof, Hennepin County, Minnesota
(Torrens Property)
STAFF REPORT
TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner
DATE: October 3, 2019
SUBJECT: Nine Mile Creek Watershed District Office Addition
APPLICANT/ OWNER: Nine Mile Creek Watershed District
LOCATION: 12800 Gerard Drive 120-DAY REVIEW
PERIOD: December 19, 2019
REQUEST: Planned Unit Development Concept Review on 5.31 acres
Planned Unit Development District Amendment with waivers on 5.31 acres
Site Plan Review on 5.31 acres
BACKGROUND The applicant is requesting approval to construct a 486 square foot building addition onto the
existing office building. The property is located north of Gerard Drive and west of Gordon Drive.
The property is 5.3 acres and includes the Nine Mile Creek Watershed District Offices and board
room.
The property is located in a primarily residential neighborhood
with the Cardinal Creek
Conservation Area to the
north and west.
The applicant is proposing the addition
to accommodate the
space needs of the
existing staff. In 2018,
the City amended the Development
Conservation Area
Project
Site
Staff Report – Nine Mile Creek Watershed District Office Addition
Page 2
2
Agreement to increase the limit of the number of employees using the Property as their office to
five (5) FTE employees, not including student interns and to increase the limit of the number of
Board of Managers evening meetings per year on the Property to twenty (20). The applicant is
not proposing any further increases to the number of employees or meetings with this application.
COMPREHENSIVE PLAN AND ZONING
In 2011, Barbara Kaerwer donated her single family home and property to the Nine Mile Creek
Watershed District. The home was converted to offices and meeting space for the Watershed
District’s use. At that time, the property was reguided from Low Density Residential to Parks/Open
Space and Public Quasi Public in the 2030 Comprehensive Plan and rezoned from R1-22 to Public. The Aspire 2040 Comprehensive Plan guides the entire property Public/Semi-Public. The building
addition is consistent with the guiding and zoning.
SITE PLAN The 486 square foot addition is proposed at the northwest corner of the building. The addition will include 3 office spaces. The applicant is
proposing a new raingarden to replace the
existing raingarden at the northwest corner of the
building that will be removed with the addition.
The proposed raingarden will be at the north and east side of the addition. The site also includes a twenty-six (26) stalls parking lot on the southeast
side of the building. Based on the size of the
building with the addition, City Code requires
twenty-six (26) parking spaces. The existing
parking lot meets the standards. Sixteen (16) of
the parking stalls are paved with permeable pavers and the remaining stalls are permeable turf consistent with the approved plan.
Staff Report – Nine Mile Creek Watershed District Office Addition
Page 3
3
BUILDING EXPANSION The Declaration of Covenants, Conditions and Restrictions states “Subsequent to the date of the
Declarations any expansion, modification, or replacement of an existing building or structure shall not substantially alter the character or function of the current residential structure and shall not exceed the total covered ground area or footprint of the current residential structure by more
than 50%.” The footprint of the original residential structure was 3,826 square feet. A 50%
increase in the original footprint allows 1,913 square feet of expansion. In 2014, the Watershed
District remodeled the building and added approximately 979 square feet and the proposed
addition is 486 square feet for a total expansion to date of 1,465 square feet. This allows the Watershed District to expand another 448 square feet at some point in the future.
PLANNED UNIT
DEVELOPMENT WAIVERS
The applicant is requesting a waiver
from the building material standards so the building addition can match the appearance of the current office
portion of the building. City Code
requires each façade to have a
minimum of 75% of the material
consisting of at least three contrasting yet complimentary Class I materials. The current building material
includes
primarily
fiber
cement
siding and trim (Class II
material),
a small
amount
of metal coping (Class II
material)
and some
windows (Class I material). The proposed addition includes the same building materials with
percentages similar to the office portion of the building and is consistent with the residential
Existing north façade and location of proposed addition
Staff Report – Nine Mile Creek Watershed District Office Addition
Page 4
4
character of the adjacent neighborhood.
TREE LOSS AND LANDSCAPE PLAN Constructing the building addition will not require the removal of any trees. The landscaping requirement for the building addition is minimal. The applicant is proposing to add canopy trees near the outdoor classroom north of the addition and add shrubs, perennials, and grasses around the
raingarden. All of this landscaping far exceeds the required landscaping.
SUSTAINABLE FEATURES The lighting for the addition will include LED energy saving fixtures. The R-value will match the highly efficient walls of the existing renovated structure. The existing efficient HVAC system will extend to the addition.
The addition will have a negligible impact on the current stormwater management plan which
exceeds watershed district and city standards.
The Watershed District plans on continuing the use of low mow fescues and native vegetation throughout the site to reduce the need for irrigating. The results will yield more conservation of
water. Native vegetation will promote a pollinator friendly site and increase biodiversity.
STAFF RECOMMENDATION Recommend approval of the following request:
Planned Unit Development Concept Review on 5.31 acres
Planned Unit Development District Amendment with waivers on 5.31 acres
Site Plan Review on 5.31 acres
This is based on plans stamp dated September 23, 2019, and staff report dated October 3, 2019.
1. The following waiver has been granted through the PUD District Review for the project as indicated in the plans stamp dated September 23, 2019.
A. In the Public Zoning District, each façade is required to have a minimum of 75%
material consisting of at least three contrasting yet complimentary Class I
materials. The Waiver allows the use of primarily Class II materials (fiber cement siding and trim, and metal coping) on the addition to match the existing material on the office portion of the building.
GERA
R
D
INTERSTATE
494TOPVIEWGORDONBEEHIVEEDGEBROOK DONLEASLEEPY HOLLOWINTERSTATE
494GORDONStreams
Principal Arterial
A Minor Arterial
B Minor Arterial
Major Collector
Minor Collector
City of Eden Prairie Land Use Guide
Plan Map
¯
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008
DATE Revised 02-23-06
DATE Approved 03-19-03DATE Revised 01-07-05DATE Revised 11-07-05
DATE Revised 03-23-06
DATE Revised 06-23-06
DATE Revised 12-06-06
DATE Revised 03-01-07DATE Revised 06-01-07DATE Revised 10-01-07
DATE Revised 03-01-08
DATE Revised 03-01-09
Guide Plan Map: Nine Mile Creek Watershed District Office Addition
Address: 12800 Gerard Drive
Eden Prairie, MN 55344
Rural Residential 0.10 Units/Acre
Low Density Residential 0-2.5 Units/Acre
Medium Density residential 2.5-10 Units/Acre
High Density Residential 10-40 Units/Acre
Airport
Office
Industrial
Neighborhood Commercial
Community Commercial
Regional Commercial
Town Center
Park/Open Space
Public/Quasi-Public
Golf Course
Church/ Cemetary
Open Water
Right-Of-Way
CityLimits 350 0 350175 Feet
GERARD
PROJECT
SITE
Semi-Public
GERA
R
D
TOP
V
I
E
W
INTERSTATE
494
R
O
B
E
R
T
S GORDONBEEHIVE DONLEASLEEPY HOLLOWINTERSTATE
494GORDONCity of Eden Prairie Zoning Map
In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail.
¯
Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.150.075
Miles
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008
Zoning Map: Nine Mile Creek Watershed District Office Addition
Address: 12800 Gerard Drive
Eden Prairie, MN 55344
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
CityLimits
Project
Site
¯
Aerial Map: Nine Mile Creek Watershed District Office Addition
Address:12800 Gerard Drive
Eden Prairie, Minnesota
0 170 34085 Feet
Project
Site
GERARDDRIVE
G O R D O N D RIVE
D O NLEALN.SLEEPYHOL
L
OWLNTOPVIEWROADLocation of
Proposed
Addition
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, OCTOBER 14, 2019 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher
Villarreal, Carole Mette, Balu Iyer
CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members DeSanctis and Weber were absent.
III. APPROVAL OF AGENDA
MOTION: Higgins moved, seconded by Iyer to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Farr moved, seconded by Kirk to approve the minutes of September 9, 2019.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
COSTCO FUEL FACILITY EXPANSION (CONTINUED ITEM)) Request for:
Planning Unit Development Concept Review on 18.18 acres
Planning Unit Development District Amendment with Waivers on 18.18 acres
Site Plan Review on 18.18 acres
Julie Anderson, project planner of Barghausen Consulting Engineers, displayed a PowerPoint and explained the application. The project called for a PUD
PLANNING COMMISSION MINUTES October 14, 2019
Page 2
amendment and a site plan review for the expansion of the Costco gas station at
the eastern edge of the facility and on the north of the development. Four new multi-product dispensers, coming to a total of 8 new fueling stations, an expanded canopy, one new 40,000-gallon UST and a new controller enclosure would be constructed to reduce vehicles queues, improve circulation, and produce a more
fuel-efficient purchasing experience. The expansion would be in keeping with the
existing fuel facility, the Costco warehouse, and the surrounding area. The applicant would abide by the conditions of the staff report.
Mette asked if the attendant station would be completely reconstructed. Anderson
replied this was more of a mechanical equipment enclosure and it would be
constructed and the existing one demolished. Mette noted the new one would have steel panels, whereas the existing was brick in a style that matched the pillars under the gas station awning. She urged the applicant to maintain the current architectural style. Anderson stated the new design was Costco’s current standard, but the applicant was willing to reevaluate if the City Council found an
issue.
Villarreal asked if the transformer was being moved or expanded and if the site was amenable to a larger transformer. Anderson replied the transformer would not be expanded. Villarreal noted this site was across from a large substation that
could accommodate other types of fueling sources, such as DC fast charging, and it would not be a bad idea to prepare for that. Anderson replied Costco had not considered that; current plans showed the site remaining a gas station offering regular, unleaded, and premium gas. Costco had no plans for piloting electric fueling. Higgins asked if circulation would be improved to avoid vehicles being
lined up without egress in conflict with cross traffic. Anderson replied there would be no circulation issues to her or Costco’s knowledge due to this redesign; the intent was to have members stop before exiting the fuel facility.
Pieper asked for metrics for wait times and busy times. Anderson introduced
Costco’s traffic consultant, Chris Teasler of Kittleson and Associates. Teasler stated there was no planned change in configuration for egress. Pavement markings would indicate traffic should stop for cross traffic. This was a common setup for Costco across the fleet. Regarding traffic volume, Costco was a members-only fuel service, and so no straight line growth in audience would
result. There would be only a nominal increase increased traffic due to increased demand. Members likely would shop instead of waiting if there was a queue. Costco envisioned increasing the processing capacity by 50 percent. The average wait times were variable; traffic analysis looked queues at two peak periods.
Costco anticipated a 30-50 percent decrease in queue length which translated into
30-50 percent decrease in wait time with this proposal.
Mette expressed concern about the layout moving from two-to three-stalls deep which could cause delays. Teasler replied the design was set up to provide
PLANNING COMMISSION MINUTES October 14, 2019
Page 3
additional space of five feet between the second and third dispensers, allowing
cars to pull in and out. Costco adopted a new system for stalls over two deep: an LED board detects the presence of a car and a symbol turns to green from red when a stall becomes empty. This plus the presence of gas station attendants should address this concern. Mette commended the design.
Klima presented the staff report. The Costco Fuel Facility Expansion project was initially scheduled for the August 12, 2019 Planning Commission meeting. The applicant requested a continuance to September 9, 2019 in order to address staff concerns regarding internal traffic flow on the east driveway. The applicant
requested a second continuance to October 14, 2019 Planning Commission
meeting. The applicant proposed a fuel facility expansion of the canopy and addition of four new pump dispensers. There will be no alterations to the principal Costco building. The applicant addressed the internal traffic flow concern with a revised plan without altering the east driveway and provided a traffic analysis report supporting the new fuel facility layout. The applicant was seeking a PUD
amendment with waivers to construct this project and there would be some parking removal, but the parking exceeded the required number of stalls. Staff recommended approval.
Farr noted two aerial photos showing the current and original construction and
asked for the timeline. Klima replied to the best of staff’s knowledge there was not a public hearing on the first expansion and the addition of those pumps. Farr asked if Costco was not increasing impervious area why the easement was required. Rue replied this was a Watershed District requirement rather than a City one. The original station could have been built before the Watershed regulations
went in. Farr asked if the second parking reduction met the City Code minimum, and Klima replied the parking still exceeded Code requirements.
Mette added she took a quick look at the Code, and all buildings were required to meet the architectural materials of Class One materials, but this redesign did not
follow that. Klima replied the Code did require a 75:25 ratio of Class I to Class II materials, but for an accessory structure of this type, the building materials would need to be consistent and complementary to those materials used in the primary structure. Staff would continue to work with the applicant to increase the Class I materials such as brick. Mette reiterated the continuation of the brick as a
preference for this redesign.
MOTION: Iyer moved, seconded by Farr to close the public hearing. MOTION CARRIED 7-0.
Farr agreed with Mette on having a brick-clad enclosure, urging an oak color to match the brick. He also underscored Villarreal’s suggestion regarding preparing for electrical charging stations; Costco should move toward embracing this. Farr urged the applicant to take this idea back to management and show leadership on
PLANNING COMMISSION MINUTES October 14, 2019
Page 4
this question. Villarreal thanked Farr for supporting his suggestion, and agreed
with Farr and Mette on using Class I materials. He explained the difference between DC-fast charging (seven minutes or less) and conventional charging (up to 45 minutes). Pieper also urged the applicant to keep the materials as similar to the current structure as possible.
MOTION: Farr moved, seconded by Kirk to recommend approval of the Planning Unit Development Concept Review on 18.18 acres, the Planning Unit Development District Amendment with Waivers on 18.18 acres, and the Site Plan Review on 18.18 acres based on plans stamp dated September 23, 2019 and the
information contained in the staff report dated October 3, 2019. MOTION CARRIED 7-0.
B. NINE MILE CREEK WATERSHED DISTRICT OFFICE BUILDING ADDITION (2019-17) Request for:
Planned Unit Development Concept Review on 5.31 acres
Planned Unit Development District Amendment with Waivers on 5.31 acres
Site Plan Review on 5.31 acres
Randy Anhorn, Administrator of Nine Mile Creek Watershed District, presented a PowerPoint and detailed the application. The land in question, in the northwest
quadrant between Highway 494 and Valley View Road was donated in 2011. The
building’s setback would be 350 feet from Gerard Drive and be open to the public. The use and development of the land would be limited due to an agreement between the City and the Minnesota Land Trust. He did not anticipate further increases in the future. The style attempted to be a Prairie Style/Frank
Lloyd Wright design, in keeping with the architectural integrity of the existing
home, and there was a landscape plan including a rain garden, a cistern for rain water, screening plantings, buckthorn removal and permeable pavers accompanying the parking design. A neighborhood meeting was held to explain the development; one resident attended.
Kirk noted there seemed to be minimal traffic impact with this design. There were no neighbors in attendance tonight.
Klima presented the planner’s report. The Nine Mile Creek Watershed District
proposed to construct a 486 square foot addition onto the northwest corner of the
existing building, on the property located at 12800 Gerard Drive just west of Gordon Drive. The proposed building addition included three office spaces for existing staff. This project did not include increases to staff or meetings. The applicant proposed the same building architecture and materials so the addition
would match the existing building. An existing raingarden in the location of the
PLANNING COMMISSION MINUTES October 14, 2019
Page 5
addition would be relocated to the north and east sides of the addition. Staff
recommended approval with conditions.
MOTION: Kirk moved, seconded by Villarreal to close the public hearing. MOTION CARRIED 7-0.
Farr commended this low-impact, environmentally sensitive project and encouraged commissioners and the public to visit the area, called “Discovery Point.” Mette stated the waiver was well justified as the building would not be visible from the street. Villarreal noted there was roughly 480 square feet left in
the allowance and asked if there would be new additions. Anhorn replied there
were no specific plans for future additions. He could not put constraints on future boards but there were no plans for future changes to his knowledge.
MOTION: Kirk moved, seconded by Villarreal to recommend approval Planned Unit Development Concept Review on 5.31 acres, Planned Unit Development
District Amendment with Waivers on 5.31 acres, and Site Plan Review on 5.31 acres based on plans stamp dated September 23, 2019 and information contained in the staff report dated October 3, 2019. MOTION CARRIED 7-0.
VI. PLANNERS’ REPORT
VII. MEMBERS’ REPORTS
VIII. ADJOURNMENT
MOTION: Iyer moved, seconded by Kirk to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 7:45 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE: November 12, 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 270591 – 271275 Wire Transfers 1023801 – 1024033 Wire Transfers 7316 - 7341
Purchasing Card 7336
City of Eden PrairieCouncil Check Summary
11/12/2019
Division Amount Division Amount
000 General 584,044 304 Senior Board 58
100 City Manager 367,764 308 E-911 405
101 Legislative 48,707 309 DWI Forfeiture 124
102 Legal Counsel 43,643 314 Special Investigations 2,500
110 City Clerk 219 315 Economic Development 21,364
111 Customer Service 5,862 445 Cable PEG 12,992
112 Human Resources 911 502 Park Development 4,717
113 Communications 4,770 509 CIP Fund 81,545
114 Benefits & Training 760 512 CIP Trails 12,984
130 Assessing 1,285 513 CIP Pavement Management 6,129
131 Finance 1,769 522 Improvement Projects 2006 883,178
132 Housing and Community Services 22,563 526 Transportation Fund 1,540
133 Planning 409 532 EP Road Connect Flying Cloud 50,095
136 Public Safety Communications 29,341 538 SingleTree Lane South 214,026
137 Economic Development 555 804 100 Year History 8
138 Community Development Admin.1,258 Total Capital Projects Fund 1,291,666
150 Park Administration 34
151 Park Maintenance 28,638 601 Prairie Village Liquor 186,216
153 Organized Athletics 1,427 602 Den Road Liquor 334,933
154 Community Center 40,216 603 Prairie View Liquor 223,987
156 Youth Programs 10,399 605 Den Road Building 2,043
157 Special Events 122 701 Water Enterprise Fund 531,150
158 Senior Center 2,883 702 Wastewater Enterprise Fund 767,324
159 Recreation Administration 236 703 Stormwater Enterprise Fund 96,877
160 Therapeutic Recreation 63 Total Enterprise Fund 2,142,530
162 Arts 5,926
163 Outdoor Center 2,374 316 WAFTA 46
168 Arts Center 1,604 802 494 Commuter Services 38,590
180 Police Sworn 61,962 806 SAC Agency Fund 9,940
182 Police Civilian 2,369 807 Benefits Fund 785,622
184 Fire 44,069 809 Investment Fund 2,708
186 Inspections 216 810 Workers Comp Insurance 18,014
200 Engineering 8,557 811 Property Insurance 1,453
201 Street Maintenance 215,489 812 Fleet Internal Service 240,782
202 Street Lighting 69,787 813 IT Internal Service 155,842
Total General Fund 1,610,231 814 Facilities Capital ISF 101,303
815 Facilites Operating ISF 64,845
301 CDBG 44,263 816 Facilites City Center ISF 217,838
303 Cemetary Operation 1,199 817 Facilites Comm. Center ISF 146,427
Total Special Revenue Fund 45,462 Total Internal Svc/Agency Funds 1,783,411
Report Total 6,873,299
City of Eden PrairieCouncil Check Register by GL
11/12/2019
Check #Amount Supplier / Explanation Account Description Business Unit Comments
270742 1,182,145 EUREKA CONSTRUCTION INC Improvement Contracts General Fixed Asset Account Gr Preserve Blvd Reconstruction
270655 371,799 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Fee Oct 2019
271202 371,799 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Fee Nov 2019
271016 287,185 HEALTHPARTNERS Payroll-Program Manager Health and Benefits Premiums Nov 2019
270595 278,364 LIONS TAP Deposits General Fund Release of cash in lieu of bond and Landscape Deposit
7332 246,581 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR Ending 09.27.19
1024020 210,878 ODESA II LLC Improvement Contracts SingleTree Lane South Singletree South Streetscaping
7330 180,806 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 09.27.19
1023959 152,861 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground storage reservoir/Pump Station
270708 124,714 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 2019 Pavement Mgmt
7322 117,916 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax 2019
270835 106,279 I-STATE TRUCK CENTER Machinery & Equipment Fleet - Public Works New Plow Truck Chassis
1023962 105,804 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund Preserve Blvd/EP Road In-construction
270641 105,397 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Capital Impr. / Maint. Fund Property tax - 8080 Mitchell Rd/8107 Eden Prairie Rd
1023972 103,953 XCEL ENERGY Electric Senior Center Multi locaiton electric
270640 98,663 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Improvement Projects 2006
271255 72,052 THE OSSEO CONSTRUCTION CO. LLC Improvement Contracts Water Capital
7336 68,423 USB-PURCHASING CARD Travel Expense Utility Operations - General
1023853 64,943 XCEL ENERGY Electric Outdoor Center
1023833 61,718 LOGIS Hardware - R&M IT Capital27106861,493 PUMP AND METER SERVICE Other Contracted Services Facilities Capital
270784 56,664 MIDWAY FORD Autos Fleet - Public Works
1023956 53,721 PARROTT CONTRACTING INC Improvement Contracts Stormwater Enterprise Fund
1023840 53,311 PEARSON BROTHERS INC Seal Coating Street Maintenance
1023945 49,376 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud
270698 47,541 WINDSOR PLAZA LLC Deposits General Fund
271029 44,106 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
271226 38,890 PEMBER COMPANIES, INC.Improvement Contracts Improvement Projects 2006
1023950 38,476 LOGIS Network Support IT Operating
271079 34,091 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
271164 32,923 FIRE SAFETY USA INC Capital Under $25,000 Fleet Operating
271193 32,816 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions City Council
1023955 32,450 ODESA II LLC Other Contracted Services Capital Maint. & Reinvestment
270646 32,442 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
270807 31,565 SEBCO INC Other Contracted Services Facilities Capital
1023970 31,239 XCEL ENERGY Electric City Center - CAM
1023958 30,396 PRAIRIE ELECTRIC COMPANY Contract Svcs - Fire/Life/Safe Water Treatment
271261 29,524 US DIGITAL DESIGNS Capital Under $25,000 General Fixed Asset Account Gr
271186 29,507 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
270769 28,807 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
271072 27,927 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
270598 27,152 ABM ONSITE SERVICES-MIDWEST Tenant 1-Janitor Service City Center - CAM
270981 26,805 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie Village Liquor Store
7334 24,606 EMPOWER Deferred Compensation Health and Benefits
1023827 24,307 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store102394023,918 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
270980 23,536 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
271235 22,479 RACOM CORPORATION Other Assets Public Safety Communications
271245 22,468 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit
Check #Amount Supplier / Explanation Account Description Business Unit Comments27104420,875 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
1023822 20,600 ADVANCED ENGINEERING & ENVIRONMENTAL SE Process Control Services Improvement Projects 2006
1023906 19,462 STREICHERS Canine Supplies Police Sworn
270714 19,137 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
7333 18,950 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
270811 18,203 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
270776 17,719 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance
1023883 17,224 WSB & ASSOCIATES INC Design & Engineering Cemetary Fixed Asset
7316 15,049 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store
270611 15,015 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store
270831 15,000 WHY WAIT ROOFING INC Other Contracted Services Rehab
270677 14,851 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
271100 14,644 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store
270638 14,472 GRAYMONT Treatment Chemicals Water Treatment
271099 14,010 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
270614 13,963 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1024013 13,561 J&D WINDOW CLEANING Building Repair & Maint.Historical Buildings
270765 13,468 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
271004 13,425 EXPRESS FLOORING CREATIONS LLC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr
1023998 13,382 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital
271246 13,120 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
270973 12,992 ARMORTEX INC.Capital Under $25,000 Cable PEG
270812 12,984 STANDARD SIDEWALK INC.Other Contracted Services CIP Trails
271122 11,977 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store27105811,904 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Street Maintenance
271127 11,876 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
270645 11,811 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store27107711,500 SLACK PAINTING Equipment Repair & Maint Water Storage
270663 11,494 NAC Other Contracted Services Ice Arena Maintenance
7325 11,102 FURTHER - AKA SELECT HSA - Employee Community Center Admin
271035 11,100 LANDMARK REMODELING LLC Other Contracted Services Rehab
7337 11,014 FURTHER - AKA SELECT HSA - Employee Health and Benefits
1024010 11,008 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital
271028 10,962 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
270653 10,838 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
271183 10,805 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
270984 10,416 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
271123 10,405 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie Village Liquor Store
270636 10,368 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating
1023935 10,149 ASPEN EQUIPMENT CO.Autos Water Enterprise Fund
270718 10,112 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
271215 10,052 MUELLER CO Capital Under $25,000 Water Metering
1023977 9,998 BRAUN INTERTEC CORPORATION Testing EP Rd Connect to Flying Cloud
7341 9,927 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
1023908 9,876 WM MUELLER AND SONS INC Gravel Park Maintenance
271045 9,841 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
270750 9,642 GRAYMONT Treatment Chemicals Water Treatment
271132 9,460 CEMSTONE PRODUCTS COMPANY Signs Stormwater Collection
270968 9,383 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 20062712479,285 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council
270690 9,258 VALLEY PAVING INC Improvement Contracts General Fixed Asset Account Gr
271012 9,235 GRAYMONT Treatment Chemicals Water Treatment
270798 9,125 PROP Other Contracted Services Housing and Community Service
Check #Amount Supplier / Explanation Account Description Business Unit Comments2710639,080 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
270612 9,001 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie Village Liquor Store
1024004 8,866 CENTERPOINT ENERGY Gas General Community Center
270715 8,740 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie View Liquor Store
1024026 8,689 STREICHERS Clothing & Uniforms Police Sworn
271230 8,622 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
271184 8,600 JK BUILD BY DESIGN CONSTRUCTION COMPANY Other Contracted Services Rehab
1023967 8,250 WALL TRENDS INC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr
1023842 8,183 PRAIRIE ELECTRIC COMPANY Repair & Maint. Supplies Water Supply (Wells)
1024014 7,715 JEFFERSON FIRE & SAFETY INC Clothing-Boots Fire
271166 7,655 FROEHLICH TERRANCE Accounts Receivable TIF-Eden Shores Senior Housing
271027 7,500 INTIME SERVICES INC Software Maintenance IT Operating
1024032 7,292 XCEL ENERGY Electric Miller Park
270988 7,287 COMMERCIAL ASPHALT CO Patching Asphalt Wasterwater Collection
271130 7,262 CARVER COUNTY LICENSE CENTER Autos Fleet - Park & Rec
1024009 7,250 GRAYBAR Equipment Repair & Maint Traffic Signals
271171 7,242 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
270616 7,138 CENTRAL ROOFING COMPANY Improvement Contracts Wastewater Capital
270667 6,958 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1023836 6,873 METRO SALES INCORPORATED*Other Rentals IT Operating
270666 6,563 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1023996 6,481 VAN PAPER COMPANY Cleaning Supplies City Center - Tenant Cost
271097 6,434 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
271232 6,200 PRINTING ENTERPRISES INC Printing Sustainable Eden Prairie2711556,182 DOSSIER SYSTEMS, INC Software Maintenance IT Operating
270834 6,000 YMCA OF THE GREATER TWIN CITIES Other Contracted Services Housing and Community Service
271220 5,977 NORTHWESTERN DOOR COMPANY INC Other Contracted Services Rehab2711755,707 GYM WORKS Equipment Repair & Maint Fitness Center
1023942 5,695 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
270604 5,681 BADGER STATE INSPECTION LLC Deposits Water Enterprise Fund
270797 5,644 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1024021 5,632 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical General Community Center
271204 5,603 MILE HIGH SHOOTING Training Supplies Police Sworn
270712 5,468 BOLTON & MENK INC Design & Engineering Improvement Projects 2006
270649 5,370 KERBER TILE, MARBLE & STONE INC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr
271260 5,269 UNITED STATES CONFERENCE OF MAYORS, THE Dues & Subscriptions City Council
1023824 5,215 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
270602 5,201 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
270735 5,175 DPC INDUSTRIES INC Treatment Chemicals Water Treatment
271111 5,016 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
271022 4,985 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
271200 4,967 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
271201 4,950 METRON-FARNIER LLC Capital Under $25,000 Water Metering
270828 4,899 VERIZON WIRELESS Cell/Pager Plans IT Operating
271172 4,821 GRAYMONT Treatment Chemicals Water Treatment
271023 4,785 HOROSHAK, JOHN P&R Refunds Community Center Admin
7328 4,698 U.S. BANK - I-494 PURCH. CARD Conference/Prof. Dev.494 Corridor Commission
270624 4,690 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance
270969 4,485 ANOVA Capital Under $25,000 Community Center Admin2709744,285 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
271104 4,250 ACROSS THE STREET PRODUCTIONS Training Fire
271074 4,200 SANTOS LAWN N' LANDSCAPE LLC Contract Svcs - Lawn Maint.City Center - CAM
271274 4,198 CENTURYLINK ASSET ACCOUNTING BART Other Contracted Services Park Acquisition & Development
Check #Amount Supplier / Explanation Account Description Business Unit Comments10239684,193 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1023903 4,117 SKYHAWKS Instructor Service Camps
1023837 4,067 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Fitness/Conference - Cmty Ctr
270628 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Principal Economic Development Fund
271149 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Principal Economic Development Fund
1023895 3,970 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Round Lake
270740 3,932 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital
271159 3,920 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Capital
1023934 3,894 A-SCAPE INC Contract Svcs - Lawn Maint.Building 51
270737 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service
1023988 3,866 KRISS PREMIUM PRODUCTS INC Supplies - HVAC General Community Center
1023832 3,863 ITRON INC.Maintenance Contracts Water Metering
271264 3,844 WATERGUARDS LLC OCS - Monitoring Stormwater Non-Capital
1023937 3,836 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1023922 3,750 PROFORMA Advertising Prairie View Liquor Store
1023886 3,639 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1023905 3,622 SRF CONSULTING GROUP INC Design & Engineering General Fixed Asset Account Gr
270687 3,616 TYLER TECHNOLOGIES INC Software IT Capital
271259 3,606 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
270591 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
271199 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
270691 3,483 VERIZON WIRELESS Other Contracted Services IT Operating
1023936 3,425 ASPEN WASTE SYSTEMS INC.Waste Disposal Arts Center
1023830 3,414 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital2710603,404 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
270664 3,379 NORTHLAND CHEMICAL CORP Lubricants & Additives Fleet Operating
1023804 3,341 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management10239993,325 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
270705 3,316 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1023997 3,283 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
271182 3,275 INFRARED CONSULTING SERVICES INC Contract Svcs - Electrical Maintenance Facility
271049 3,216 MINTAHOE INC Operating Supplies Wine Club/Events
271211 3,216 MINTAHOE INC Other Contracted Services Wine Club/Events
271095 3,193 VERTIV SERVICES INC Hardware - R&M IT Operating
270840 3,160 MINNESOTA DEPARTMENT OF COMMERCE Deposits General Fund
270996 3,150 DUNSMORE ASPHALT INC Asphalt Overlay Water Distribution
1023866 3,146 GREENSIDE INC Equipment Repair & Maint Stormwater Collection
271238 3,095 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing & Uniforms Utility Operations - General
271272 3,072 XTREME INTEGRATION Other Contracted Services General Fixed Asset Account Gr
1024002 3,012 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
271065 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
270796 3,000 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
271195 2,948 LHB INC Other Contracted Services Sustainable Eden Prairie
271113 2,916 AT YOUTH PROGRAMS LLC Instructor Service Lesson Skills Development
271117 2,912 BEACON ATHLETICS Repair & Maint. Supplies Round Lake
270657 2,905 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Wastewater Lift Station
1023850 2,900 WALL TRENDS INC Contract Svcs - General Bldg Park Shelters
270995 2,874 DPC INDUSTRIES INC Treatment Chemicals Water Treatment
271001 2,834 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet - Public Works10239642,818 STREICHERS Clothing & Uniforms Police Sworn
270695 2,785 ZOHO CORP Software Maintenance IT Operating
271257 2,783 TRANSPORT GRAPHICS Equipment Repair & Maint Fire
270634 2,780 EMPIREHOUSE INC Building Repair & Maint.Utility Operations - General
Check #Amount Supplier / Explanation Account Description Business Unit Comments10239282,762 VAN PAPER COMPANY Cleaning Supplies Fire Station #4
1023915 2,757 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM
271021 2,742 HIGHWAY 5 BP Motor Fuels Fleet Operating
270967 2,714 ALTERNATIVE BUSINESS FURNITURE INC Capital Under $25,000 City Hall (City Cost)
7340 2,708 PFM ASSET MANAGEMENT LLC Interest Investment Fund
270966 2,705 ALLINA HEALTH SYSTEM Training Fire
270756 2,705 HIGHWAY 5 BP Motor Fuels Fleet Operating
270642 2,704 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
270757 2,660 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
270777 2,656 LHB INC Other Contracted Services Sustainable Eden Prairie
271092 2,650 TYTANN BLACKTOPPING Other Contracted Services Rehab
270617 2,607 CENTURYLINK Telephone City Center - CAM
1024029 2,590 WALL TRENDS INC Contract Svcs - General Bldg Park Shelters
270748 2,580 GOODPOINT TECHNOLOGY INC Design & Engineering CIP Pavement Management
270982 2,571 BROTHERS FIRE PROTECTION Contract Svcs - General Bldg Prairie Village Liquor Store
270792 2,566 MYRLAND JENNA Other Contracted Services Arts
270747 2,543 GONYEA HOMES INC Deposits General Fund
271253 2,527 TARGETSOLUTIONS LEARNING, LLC Training Fire
1023946 2,459 H M CRAGG CO Contract Svcs - Fire/Life/Safe Fire Station #3
270832 2,447 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
271179 2,444 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1024017 2,435 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC City Center - CAM
7335 2,393 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
7338 2,370 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits2710112,353 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
270650 2,346 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
270656 2,292 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire2710252,279 INTERNATIONAL SCHOOL OF MINNESOTA Deposits City Clerk
270632 2,269 EARL F ANDERSEN INC Signs Traffic Signs
271112 2,257 ASPEN MILLS Clothing & Uniforms Fire
270766 2,238 JJS COFFEE COMPANY LLC Liquor Licenses Police Civilian
270978 2,176 BITUMINOUS ROADWAYS INC Deposits Water Enterprise Fund
270783 2,175 MEDICINE LAKE TOURS Special Event Fees Trips
271069 2,150 QUETICA LLC Contract Svcs - HVAC City Center - CAM
271006 2,094 FIRST ARRIVING, LLC Equipment Repair & Maint Public Safety Communications
1023907 2,094 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
271096 2,087 VWR INTERNATIONAL INC Lab Supplies Water Treatment
270772 2,061 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Community Center Admin
270803 2,055 SCEPRE LLC Deposits General Fund
270706 1,935 ARVIG Fiber Lease Payments IT Operating
270975 1,935 ARVIG Fiber Lease Payments IT Operating
271268 1,929 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1023868 1,928 INTEREUM INC Contract Svcs - General Bldg Police (City Cost)
271018 1,910 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
271066 1,907 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance
270600 1,900 AQUA ENGINEERING INC Contract Svcs - Lawn Maint.City Center - CAM
270826 1,891 US DIGITAL DESIGNS Equipment Repair & Maint Public Safety Communications
271026 1,890 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
271219 1,887 NORTHSTAR MUDJACKING & MORE LLC Mudjacking Curbs Capital Maint. & Reinvestment2710151,870 GYM WORKS Equipment Repair & Maint Fitness Center
270768 1,850 JOHNSON BEN Training Fire
270815 1,813 STATE OF MINNESOTA Autos Fleet Capital
1023933 1,808 ANCHOR PAPER COMPANY Office Supplies Administration
Check #Amount Supplier / Explanation Account Description Business Unit Comments10238351,802 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1
270685 1,794 TCIC INC Process Control Equipment EP Rd Connect to Flying Cloud
271177 1,787 HENNEPIN COUNTY MEDICAL CENTER Training Fire
1023929 1,723 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
271124 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating
270697 1,675 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits
270620 1,661 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
270970 1,638 APPLIED ECOLOGICAL SERVICES INC Maintenance Contracts Water Treatment
270599 1,634 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance
1023819 1,590 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
270758 1,588 HOMELINE Other Contracted Services Housing and Community Service
270767 1,581 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Water Treatment
1023889 1,567 CENTERPOINT ENERGY Gas Senior Center
271010 1,561 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General
1023949 1,544 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
1023901 1,539 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof City Center - CAM
1024012 1,532 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
270983 1,521 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance
271062 1,500 PETTY CASH-POLICE DEPT Miscellaneous Special Investigations
271173 1,487 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
271061 1,481 PERA Payroll-Program Manager 494 Corridor Commission
271227 1,481 PERA Payroll-Program Manager 494 Corridor Commission
1023944 1,481 GRAINGER Repair & Maint. Supplies Prairie Village Liquor Store
1023986 1,480 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM10240241,467 SRF CONSULTING GROUP INC Design & Engineering General Fixed Asset Account Gr
1023880 1,460 VAN PAPER COMPANY Cleaning Supplies Pool Maintenance
270652 1,453 LEAGUE MN CITIES INS TRUST Insurance Property Insurance2707281,450 DAXKO LLC Licenses, Taxes, Fees Fitness Classes
1023930 1,426 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Capital
271266 1,426 WERK TERRY Rebates Stormwater Non-Capital
270637 1,399 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
1023969 1,348 WM MUELLER AND SONS INC Gravel Stormwater Collection
271101 1,339 YORKTOWN OFFICES Rent 494 Corridor Commission
1023920 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost)
271081 1,321 SSI KEF SLB LLC Electric Maintenance Facility
1024019 1,290 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1024031 1,271 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1023881 1,260 VINOCOPIA Liquor Product Received Den Road Liquor Store
270782 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service
1023815 1,228 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center - CAM
271169 1,206 GERTENS Landscape Materials/Supp Park Maintenance
1023888 1,189 CDW GOVERNMENT INC.Hardware - R&M IT Operating
270684 1,171 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
271118 1,170 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
7339 1,164 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
1023855 1,162 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store
271223 1,153 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
270993 1,130 DAKOTA UNLIMITED Equipment Repair & Maint Stormwater Collection
1023894 1,129 GRAINGER Repair & Maint. Supplies Ice Arena Maintenance2711101,129 ANCOM COMMUNICATIONS INC Repair & Maint. Supplies Public Safety Communications
1023818 1,126 VAN PAPER COMPANY Cleaning Supplies General Community Center
271225 1,123 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
270979 1,120 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments2707131,117 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1023817 1,116 SITEONE LANDSCAPE SUPPLY, LLC Improvements to Land Water Distribution
270770 1,084 JOHNSON CONTROLS Contract Svcs - HVAC Ice Arena Maintenance
271041 1,083 MARCO INC Hardware - R&M IT Operating
271198 1,083 MARCO INC Hardware - R&M IT Operating
271161 1,080 E-SMASH BADMINTON LLC Instructor Service Lesson Skills Development
271205 1,074 MINNESOTA ATHLETIC APPAREL Operating Supplies Fire
270751 1,064 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
270607 1,059 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
271043 1,057 MEGA BEER Liquor Product Received Prairie Village Liquor Store
271158 1,054 EDINA, CITY OF Other Contracted Services Police Sworn
270704 1,050 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Park Maintenance
1024000 1,045 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #2
1023826 1,019 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM
270643 1,017 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1023947 1,010 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment
270793 1,005 NAC Building Repair & Maint.Utility Operations - General
271275 1,000 PETTY CASH-POLICE DEPT Miscellaneous Special Investigations
270724 995 CORE & MAIN Equipment Parts Stormwater Collection
1023953 990 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
1024030 975 WATSON CO INC, THE Merchandise for Resale Concessions
271064 960 PITNEY BOWES Postage Administration
271103 959 ACADEMY OF RUSSIAN BALLET Operating Supplies Lesson Skills Development
271165 959 FOREMOST PROMOTIONS Fire Prev Supp-Pub Ed/PR Fire1024008955GRAINGERRepair & Maint. Supplies Senior Center
270694 951 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
271154 951 DOMACE VINO Liquor Product Received Den Road Liquor Store1023891938ELECTRIC PUMP Equipment Parts Wastewater Lift Station
270692 936 WARNING LITES Contracted Striping Traffic Signs
1023802 934 AMERIPRIDE LINEN & APPAREL SERVICES Operating Supplies-Linens Prairie Village Liquor Store
7320 931 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
270986 931 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1024028 924 VISTAR CORPORATION Merchandise for Resale Concessions
1023809 922 HACH COMPANY Laboratory Chemicals Water Treatment
271185 920 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
271128 920 CAPSTONE PUBLIC SECTOR SOLUTIONS Training Fire
271233 918 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
271086 916 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1023902 909 SHERWIN WILLIAMS CO Repair & Maint. Supplies Round Lake
270734 901 DOMACE VINO Liquor Product Received Prairie View Liquor Store
270965 876 AIRGAS USA LLC Supplies - Pool Pool Maintenance
271137 862 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
270794 861 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
270822 860 THE ADVENT GROUP Temp 494 Corridor Commission
1023852 851 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
271180 839 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
271019 838 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications
271088 838 TNC INDUSTRIES INC Contract Svcs - HVAC Fire Station #1
271002 837 EPIC EVENT RENTAL Operating Supplies-Dept Events Fire270716833BRO-TEX INC Operating Supplies Fleet Operating
1023854 833 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Riley House
1023890 826 COMPRESSED AIR CONCEPTS LLLC Contract Svcs - General Bldg Maintenance Facility
1023823 821 ASPEN WASTE SYSTEMS INC.Waste Disposal Maintenance Facility
Check #Amount Supplier / Explanation Account Description Business Unit Comments271013812GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
270701 808 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
270675 800 SELINSKY, JAMES Other Contracted Services Pleasant Hill Cemetery
271030 798 JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM
1024005 795 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM
1024016 783 MENARDS Operating Supplies Park Maintenance
271051 765 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
271242 760 RUMPCA CO INC Landscape Materials/Supp Park Maintenance
270745 755 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
270823 752 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
270676 750 SMARTER TRANSPORTATION Corridor Comm. Misc 494 Corridor Commission
270688 735 UNIVERSAL ATHLETIC SERVICES INC Awards Softball
1023932 735 AMERITRAK Other Contracted Services Snow & Ice Control
271108 733 ALSDURF LORI Clothing & Uniforms Theatre Initiative
1023828 732 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
270669 731 QUALITY REFRIGERATION Equipment Repair & Maint Concessions
1023872 730 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital
271252 728 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
270603 727 ASPEN MILLS Clothing & Uniforms Police Sworn
271094 726 URBAN ENTERPRISES AR Utility Water Enterprise Fund
270686 720 THE ADVENT GROUP Temp 494 Corridor Commission
270733 718 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
271254 710 THE ADVENT GROUP Temp 494 Corridor Commission
1023897 692 MENARDS Improvements to Land Police (City Cost)271107 691 AIRGAS USA LLC Supplies - Pool Pool Maintenance
270703 684 AIRGAS USA LLC Supplies - Pool Pool Maintenance
1023820 678 WERNER ELECTRIC SUPPLY CO.Supplies - Electrical City Center - CAM1023951678MENARDSOperating Supplies-Station sup Community Center
270700 675 BRYCER, LLC Printing Fire
1023834 674 MENARDS Small Tools Police (City Cost)
270977 672 BARNA, GUZY & STEFFEN ,LTD Legal Legal Council
270680 666 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
1023814 662 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance
270618 647 CENTURYLINK Telephone IT Operating
1023885 636 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
271212 633 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
271024 619 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
271036 615 LARKSTUR ENGINEERING & SUPPLY INC Repair & Maint. Supplies Water Treatment
271087 610 THE ADVENT GROUP Temp 494 Corridor Commission
270971 608 AQUA LOGIC INC Supplies - Pool Pool Maintenance
270799 600 RAMIREZ STEVEN Other Contracted Services Summer Theatre
271057 600 NEUHARTH COMPANIES Other Contracted Services Capital Maint. & Reinvestment
271082 599 STAPLES ADVANTAGE Office Supplies Administration
1023884 598 ASPEN EQUIPMENT CO.Autos Water Enterprise Fund
270749 592 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
270805 590 SCOTT ALLEN APRIL Other Contracted Services Police Sworn
1023847 589 TEE JAY NORTH INC Building Repair & Maint.General Community Center
270629 589 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
270609 584 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store7331583ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
1024033 575 ZIEGLER INC Equipment Parts Concessions
7318 570 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
1024023 563 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Hall (City Cost)
Check #Amount Supplier / Explanation Account Description Business Unit Comments270594550TWINWESTChamber of Commerce 494 Corridor Commission
270753 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Accounts Receivable TIF-Eden Shores Senior Housing
270964 544 ABLE HOSE & RUBBER INC Repair & Maint. Supplies Water Treatment
1023841 543 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Fire Station #1
270729 540 DEHOOG BERNIE Training Fire
271039 540 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
271084 537 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
1023931 536 AMERICAN TIME & SIGNAL CO Supplies - General Bldg City Hall (City Cost)
1023924 532 ROSE, ALECIA Travel Expense Human Resources
1023896 527 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
270731 525 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
1023856 511 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1023957 506 POMP'S TIRE SERVICE INC Tires Fleet Operating
270824 501 TWIN CITIES FLAG SOURCE, INC Contract Svcs - General Bldg City Center - CAM
271109 500 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events
270644 496 J H LARSON COMPANY Supplies - Electrical Pool Maintenance
270991 496 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
1023917 496 HIRSHFIELD'S Repair & Maint. Supplies Water Distribution
271187 492 JOHNSTONE SUPPLY Supplies - HVAC Senior Center
271085 490 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
271071 490 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
270709 486 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
270689 485 URBAN FORESTERS LLC Other Contracted Services Tree Removal
1023865 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service270648482KEEPSAKE CIDERY LLP Liquor Product Received Prairie View Liquor Store
270779 480 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
270608 480 BIG STATE INDUSTRIAL SUPPLY INC Clothing & Uniforms Utility Operations - General1023960478SHERWIN WILLIAMS CO Repair & Maint. Supplies Park Acquisition & Development
1023821 476 WSB & ASSOCIATES INC Design & Engineering General Fixed Asset Account Gr
1023871 472 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
270789 471 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications
271181 468 INDOFF INCORPORATED Office Supplies Administration
270825 463 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball
271248 462 STAPLES ADVANTAGE Office Supplies Utility Operations - General
1023952 461 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
271059 459 PAPCO INC Cleaning Supplies General Community Center
270760 456 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
271234 454 QUETICA LLC Contract Svcs - Roof Ice Arena Maintenance
1023858 454 CARLSTON, BRANDON Motor Fuels Police Sworn
1023851 449 WATSON CO INC, THE Merchandise for Resale Concessions
1023803 448 BLOOMINGTON SECURITY SOLUTIONS Supplies - Security Cummins Grill House
270660 446 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
271055 445 NARTEC INC Operating Supplies Police Sworn
1023801 445 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Outdoor Center Facilities
271078 440 SNAP-ON TOOLS Small Tools Fleet Operating
270670 438 QUETICA LLC Design & Engineering Wastewater Capital
271046 436 MID-CITY MECHANICAL Plumbing Surcharge Water Enterprise Fund
271003 431 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Stormwater Collection
271162 431 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Stormwater Collection271241428ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
270682 423 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs - General Bldg General Community Center
270626 423 CONTINENTAL SAFETY EQUIPMENT Repair & Maint - Ice Rink Ice Arena Maintenance
270639 418 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments270651410LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
271040 400 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
270819 400 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs - General Bldg Senior Center
271218 399 NIHCA Other Contracted Services Community Center Admin
1023849 394 VIKING ELECTRIC SUPPLY Supplies - Electrical Fitness/Conference - Cmty Ctr
271133 391 CENTURYLINK Telephone E-911 Program
271098 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service
1023912 388 CHEMSEARCH Contract Svcs - Ice Rink Ice Arena Maintenance
270994 384 DELTA DENTAL Payroll-Program Manager 494 Corridor Commission
271008 376 FREIBERG MARK Travel Expense City Council
270635 375 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
271151 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
1023900 372 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1023910 371 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store
270647 370 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1023813 368 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
270631 367 E A SWEEN COMPANY Merchandise for Resale Concessions
270814 358 STAPLES ADVANTAGE Office Supplies Administration
1023875 357 SAMS, JOHN Mileage & Parking Assessing
1023838 355 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
271196 353 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
271033 352 KRAUS ANDERSON Deposits Water Distribution
7321 351 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1023966 350 USA SECURITY Maintenance Contracts Water Treatment1023892348ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
270774 342 LANO EQUIPMENT INC Equipment Parts Fleet Operating
1023898 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating1023914339FASTENAL COMPANY Operating Supplies Fleet Operating
1023812 337 PROSOURCE SUPPLY Supplies - General Bldg Ice Arena Maintenance
271269 331 WINSUPPLY EDEN PRAIRIE MN CO Repair & Maint. Supplies Riley Lake
270775 328 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
271037 328 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
271090 328 TURFWERKS Operating Supplies Street Maintenance
1023975 326 BERRY COFFEE COMPANY Merchandise for Resale Concessions
270833 324 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
270659 322 MINVALCO INC Supplies - HVAC Water Supply (Wells)
270720 321 CBIZ BENEFITS & INSURANCE SERVICES INC Other Contracted Services Health and Benefits
1023993 320 SLETTEN, DAN Conference/Training IT Operating
271054 317 NARAYANAN NAGAPAN Travel Expense City Council
271197 314 MACDONALD & MACK ARCHITECTS LTD Other Contracted Services Heritage Preservation
1023831 309 HORIZON COMMERCIAL POOL SUPPLY Supplies - General Bldg Pool Maintenance
1024018 308 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
270678 308 STAPLES ADVANTAGE Office Supplies Customer Service
270762 305 INSTITUTE OF TRANSPORTATION ENGINEERS Dues & Subscriptions Engineering
270764 303 JESSE TREBIL FOUNDATION SYSTEM INC Plumbing Permits General Fund
271114 300 AUGDAHL, KRIS Clothing & Uniforms Theatre Initiative
270821 297 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1024003 297 CDW GOVERNMENT INC.Printers IT Operating
1023948 296 KUSTOM SIGNALS INC Equipment Repair & Maint Police Sworn271239295REGENTS OF THE U OF M Conference/Training Utility Operations - General
1023816 295 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
270619 295 CINTAS CORPORATION Safety Supplies Community Center Admin
1023913 295 CLAREY'S SAFETY EQUIPMENT Operating Supplies Workers Comp Insurance
Check #Amount Supplier / Explanation Account Description Business Unit Comments270801293RDO EQUIPMENT CO Equipment Repair & Maint Fleet Operating
1023941 289 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
271256 285 TIMBERWALL LANDSCAPE & MASONRY PRODUCTS Operating Supplies Riley Lake
270990 285 CORE & MAIN Repair & Maint. Supplies Water Distribution
1023990 284 PROSOURCE SUPPLY Repair & Maint - Ice Rink Facilities Staff
270673 275 RICHFIELD CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission
271191 271 LANO EQUIPMENT INC Equipment Parts Fleet Operating
271116 271 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
1023863 267 FASTENAL COMPANY Safety Supplies Fleet Operating
1024001 267 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
1023839 267 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
270989 266 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
1023965 266 ULINE Operating Supplies Police Sworn
270633 259 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
1024022 256 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
1023925 256 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
270596 254 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
270627 254 CORE & MAIN Small Tools Street Maintenance
270668 251 PRINCIPAL FINANCIAL GROUP Payroll-Program Manager 494 Corridor Commission
270702 248 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Street Maintenance
271176 246 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Training Fire
270739 245 EDEN PRAIRIE NOON ROTARY CLUB Dues & Subscriptions Housing and Community Service
270802 245 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
271048 242 MINNESOTA MADE HOCKEY P&R Refunds Community Center Admin271034240LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Ice Arena Maintenance
271188 240 KEEPSAKE CIDERY LLP Liquor Product Received Den Road Liquor Store
271135 238 CINTAS Operating Supplies Park Maintenance270839236MRPAConference/Training Recreation Admin
1023994 236 STOVRING, LESLIE Operating Supplies Stormwater Non-Capital
270778 236 LOMASTRO MICHAEL Travel Expense Fire
270696 236 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Stormwater Collection
270827 235 US POSTMASTER - HOPKINS Postage Customer Service
1023879 235 STREIFF, CHAD Travel Expense Police Sworn
1023984 232 FASTENAL COMPANY Equipment Parts Fleet Operating
270732 232 DIRECTV Other Contracted Services Community Center Admin
1023811 232 PARALLEL TECHNOLOGIES INC Hardware - Cabling IT Operating
271038 231 LESNAU BRIANNE Travel Expense Police Sworn
1023870 230 LINDAHL, DAVID Travel Expense Economic Development
1023861 230 CUROE, BEN Mileage & Parking Concessions
271102 229 A TO Z RENTAL CENTER Building Materials Capital Maint. & Reinvestment
1023844 228 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Center - CAM
270654 227 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
270606 225 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance
271106 225 AERISON PAUL AR Utility Water Enterprise Fund
271147 225 DATA PRACTICES OFFICE Tuition Reimbursement/School Police Sworn
1023867 225 GREGOIRE, DAVID Other Contracted Services Communications
1023981 223 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating
271153 221 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1023987 220 JOHNSTONE SUPPLY Supplies - HVAC Ice Arena Maintenance270630219DOMACE VINO Liquor Product Received Den Road Liquor Store
1023973 218 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store
1023979 218 CARLSON, KEVIN Mileage & Parking Utility Operations - General
1023974 217 BATTERIES PLUS Supplies - Plumbing Historical Buildings
Check #Amount Supplier / Explanation Account Description Business Unit Comments271067214PROP - PR Charitable Contributions Health and Benefits
271168 214 GALLS LLC Clothing & Uniforms Volunteers
1023807 210 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating
270759 210 IIMC Dues & Subscriptions General Fund
270830 210 VOLAVKA, LYNDA Other Contracted Services Fall Harvest
270717 210 BUSWELL, DAVE Mileage & Parking Assessing
1023805 210 CARLSON, JODY Mileage & Parking Assessing
270597 205 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
271250 204 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
1023991 202 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
270613 200 BROWN, KEVIN Deposits General Fund
271053 200 NAMI MINNESOTA Other Contracted Services Housing and Community Service
271115 200 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance
1023859 200 CLAREY'S SAFETY EQUIPMENT Equipment Testing/Cert.Emergency Management
271020 196 HENNEPIN COUNTY TREASURER Equipment Repair & Maint IT Operating
271119 192 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
270622 190 COMCAST Internet IT Operating
271224 190 PAPCO INC Cleaning Supplies General Community Center
270672 190 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
270723 181 COOK MICHELLE Operating Supplies Outdoor Center
1023899 179 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
270671 174 RECYCLE AWAY, LLC Supplies - General Bldg Police (City Cost)
270997 174 E A SWEEN COMPANY Merchandise for Resale Concessions
1023860 174 CLAVER, BRIAN Mileage & Parking Concessions271042174MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating
271150 169 DIAMOND MOWERS INC Equipment Parts Fleet Operating
270985 168 CENTURYLINK Internet IT Operating271163168FILIPPI, TONY P&R Refunds Community Center Admin
271243 168 SIGNSOURCE Advertising Tennis
271080 167 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk
270722 165 CONTINENTAL SAFETY EQUIPMENT Repair & Maint - Ice Rink Ice Arena Maintenance
271192 164 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
1023978 164 BREUNIG, KRISTI Mileage & Parking Police Sworn
1023882 162 WILSON, TAMMY Mileage & Parking Finance
1023846 162 SPRINT Cell Phones 494 Corridor Commission
270710 161 BODENNER ZACHARY Mileage & Parking Tree Disease
270741 160 ESTRINE, ROBERT Other Contracted Services Community Band
270790 160 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
7329 159 VANCO SERVICES Bank and Service Charges Wastewater Accounting
1023980 158 CARLSTON, BRANDON Motor Fuels Fleet Operating
1023963 157 STERICYCLE INC Other Contracted Services Police Sworn
271251 157 SUMMIT COMPANIES Development Fire Permits General Fund
1023876 156 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
270746 156 GALLS LLC Clothing & Uniforms Police Sworn
270593 150 SCOTT COUNTY SHERIFF'S OFFICE Deposits General Fund
270683 150 SUSA Conference/Training Utility Operations - General
271009 147 GALLS LLC Clothing & Uniforms Volunteers
270665 146 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
1023909 144 XCEL ENERGY Electric Street Lighting271156144E A SWEEN COMPANY Merchandise for Resale Concessions
1023923 142 QUALITY PROPANE Equipment Parts Fleet Operating
271144 140 CORE & MAIN Landscape Materials/Supp Community Center
1023864 140 GOOD, JAMIE Travel Expense Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments270837139HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance
7319 135 OPTUM HEALTH Other Contracted Services Health and Benefits
271073 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store
271076 134 SIGNSOURCE Printing Fall Harvest
271236 134 RAMIREZ STEVEN Clothing & Uniforms Theatre Initiative
270592 133 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
270773 132 KOWALSKI'S MARKET Beer/Wine Licenses Police Civilian
270761 131 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
270730 130 DEM CON LANDFILL LLC Waste Blacktop/Concrete Street Maintenance
270818 130 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
271120 130 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
270743 128 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating
271152 126 DISRUD MATT P&R Refunds Community Center Admin
271203 126 MEYERING RYAN P&R Refunds Community Center Admin
271270 126 WISHY JOE P&R Refunds Community Center Admin
1023825 126 CENTERPOINT ENERGY Gas Forest Hills Park
1024015 124 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
271262 122 VERIZON WIRELESS Telephone E-911 Program
1023992 121 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
270808 121 SHEPPARD ELIZABETH Operating Supplies Outdoor Center
271032 120 KLOCEK, LISA AR Utility Water Enterprise Fund
271273 115 YANG JASON Reimbursement Traffic Signs
270736 115 E A SWEEN COMPANY Merchandise for Resale Concessions
270610 114 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store270623112COMCASTPhone/Data/Web 494 Corridor Commission
271075 111 SIGNSOURCE Operating Supplies Special Events (CC)
271050 110 MITCHELL SCOTT AR Utility Water Enterprise Fund271160110ENSTAD, TERRANCE Dues & Subscriptions Inspections-Administration
1023848 105 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection
270780 103 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
271139 103 COMCAST Cable TV Fire
271141 101 COMCAST Cable TV Fire
271207 100 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services
271089 100 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services Halloween Party
271237 100 RECKER, KATHRYN ROSSO Conference/Training Fitness Classes
270992 98 COVERTTRACK GROUP Other Contracted Services Police Sworn
1023916 98 GROVES, TODD Travel Expense Police Sworn
1023982 98 DIETHELM, LOUIS Travel Expense Police Sworn
1023985 98 FIETEK, CHRIS Travel Expense Police Sworn
1023989 98 LOWERY, THOMAS Travel Expense Police Sworn
1024027 98 TWIN CITY SEED CO Landscape Materials/Supp Community Center
270763 97 J H LARSON COMPANY Improvements to Land General Fixed Asset Account Gr
270810 91 SNAP-ON TOOLS Small Tools Fleet Operating
1023893 90 FILTRATION SYSTEMS Supplies - HVAC Pool Maintenance
271007 89 FOUNDATION BUSINESS SYSTEMS, LLC Dues & Subscriptions Stormwater Non-Capital
271143 88 COMCAST Internet IT Operating
7324 88 MONEY MOVERS INC Other Contracted Services Community Center Admin
1024025 88 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Utility Operations - General
270625 88 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance102395485NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
270804 85 SCHROM JES Mileage & Parking Special Events Admin
270972 85 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
271014 84 GS DIRECT Operating Supplies Engineering
Check #Amount Supplier / Explanation Account Description Business Unit Comments27120983MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Prairie Bluff Conservation
1023810 82 MUNOZ, MEGAN Mileage & Parking Fitness Admin.
1024011 81 HD SUPPLY FACILITIES MAINTENANCE Supplies - General Bldg City Hall (City Cost)
270987 81 COMCAST Equipment Repair & Maint E-911 Program
270755 80 HENNEPIN COUNTY TREASURER Employee Award Organizational Services
270809 77 SHRED RIGHT Waste Disposal City Hall (City Cost)
270661 75 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
270820 75 SUSA Conference/Training Utility Operations - General
271052 75 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance
271145 72 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
270771 70 KEOGAN PETER Travel Expense Fire
271017 70 HENDERSON TJ Clothing & Uniforms Police Sworn
270725 67 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
271140 67 COMCAST Cable TV Fire
1023857 66 BOLD, PAULINE Operating Supplies Outdoor Center
270813 65 STANLEY JONATHAN Mileage & Parking Housing and Community Service
1023995 65 UNDESSER, JOHN Dues & Subscriptions Inspections-Administration
271056 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
271031 62 KATZ, BARRY Outreach Mileage/Parking 494 Corridor Commission
270681 62 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
271174 62 GROTH MUSIC Operating Supplies Community Band
271267 61 WILLIAMS TIM Clothing & Uniforms Theatre Initiative
270693 60 WHEELER LUMBER LLC Landscape Materials/Supp Street Maintenance
1023921 60 MPX GROUP, THE Printing Police Sworn732359PAYCHEXPayroll Admin. Fees 494 Corridor Commission
1023845 58 SHI CORP Software IT Operating
1024007 58 GINA MARIAS INC Operating Supplies Volunteers102391958LINDAHL, DAVID Mileage & Parking Economic Development
271229 57 PETTINGER, RANDY AR Utility Water Enterprise Fund
1023829 57 GRAINGER Repair & Maint. Supplies Water Metering
270836 57 CARVER COUNTY LICENSE CENTER Licenses, Taxes, Fees Fleet Operating
1023983 55 EICHMAN NATHAN Canine Supplies Police Sworn
1023943 54 FILTRATION SYSTEMS Supplies - HVAC Fitness/Conference - Cmty Ctr
1023874 53 QUALITY PROPANE Equipment Parts Fleet Operating
270727 53 CULLIGAN Corridor Comm. Misc 494 Corridor Commission
271138 52 COMCAST Internet IT Operating
270786 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Administration
1023808 50 GOERGEN, MARIE Tuition Reimbursement/School Fitness Classes
271126 46 CAMPBELL KNUTSON, P.A.Operating Supplies WAFTA
270621 45 COMCAST Cable TV Fire
270601 43 AQUA LOGIC INC Supplies - Pool Pool Maintenance
1023918 43 KUFFEL, RYAN Travel Expense Police Sworn
270998 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
270999 42 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
271000 42 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
270679 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
270817 41 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
270754 40 HENNEPIN COUNTY GOVERNMENT CENTER Licenses, Taxes, Fees Police Sworn
271258 39 TSE, ALYSHA Operating Supplies Arts Center27116737FRYE, HILARY Operating Supplies Arts Center
270674 37 RIZZO CHLOE Operating Supplies Arts Center
271136 36 CIOX HEALTH Other Contracted Services Police Sworn
271221 36 OERTEL JILL M P&R Refunds Community Center Admin
Check #Amount Supplier / Explanation Account Description Business Unit Comments27121635NDIFOR, REGINE P&R Refunds Community Center Admin
270738 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council
271005 35 FIRE SAFETY USA INC Equipment Parts Fleet Operating
271157 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council
1023887 34 BOYER TRUCKS Equipment Parts Fleet Operating
1023976 34 BOHNSACK, SUE Mileage & Parking Senior Center Admin
271213 32 MORRISON CAROLINE Operating Supplies Theatre Initiative
1023911 32 BATTERIES PLUS Repair & Maint. Supplies Stormwater Collection
271222 31 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs
270787 30 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
1023961 28 SPRINT Cell/Pager Plans IT Operating
270795 27 PAPA, JOEL P&R Refunds Community Center Admin
1024006 25 FERRELLGAS Repair & Maint. Supplies Utility Operations - General
270976 25 ASPEN MILLS Clothing & Uniforms Police Sworn
7327 25 MINNESOTA DEPT OF REVENUE Licenses, Taxes, Fees Fleet Operating
270781 25 MASS/MRPA Conference/Training Senior Center Admin
1023806 25 DAILEY DATA & ASSOCIATES Operating Supplies Prairie Village Liquor Store
1023904 24 SPS COMPANIES Repair & Maint. Supplies Fredrick Miller Spring
271190 23 LANDWEHR, NATALIE P&R Refunds Community Center Admin
271214 23 MPCA Licenses, Taxes, Fees Utility Operations - General
271148 22 DEBOISE ELIZABETH P&R Refunds Community Center Admin
1023927 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Wasterwater Collection
270816 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
271083 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture27121721NELSON, ROBIN Deposits 494 Corridor Commission
1023873 21 PARK SUPPLY OF AMERICA INC Supplies - General Bldg Fitness/Conference - Cmty Ctr
271244 20 SIR KNIGHT CLEANERS Clothing-Misc.Fire27072620CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
270719 20 CARVER COUNTY CHS Licenses, Taxes, Fees Police Sworn
270721 20 CHRIS CASTLE INC Website Development 494 Corridor Commission
270800 20 RAMSEY COUNTY Licenses, Taxes, Fees Police Sworn
270806 20 SCOTT COUNTY Licenses, Taxes, Fees Police Sworn
270829 20 VERSA-LOK Landscape Materials/Supp Park Maintenance
271129 20 CARVER COUNTY CHS Licenses, Taxes, Fees Police Sworn
271134 20 CHRIS CASTLE INC Deposits 494 Corridor Commission
271170 20 GOLTZ KAITLYNN P&R Refunds Community Center Admin
271178 20 HENNESSEY, CAROL P&R Refunds Community Center Admin
271194 20 LEGAND, PAULA J P&R Refunds Community Center Admin
271228 20 PETERSON, MARJORIE P&R Refunds Community Center Admin
271265 20 WENTZ LINDSAY P&R Refunds Community Center Admin
1023878 19 SPOK, INC.Cell/Pager Plans IT Operating
1023938 18 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
270785 15 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
270838 15 MCFOA Tuition Reimbursement/School Police Sworn
271249 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
270752 14 HANCE ACE HARDWARE Equipment Parts Fleet Operating
1023862 13 FAGNANT, SUSAN Operating Supplies Outdoor Center
270711 12 BOLD JOHN P&R Refunds Community Center Admin
270791 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn27120812MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
271189 12 LAKE WESTON C P&R Refunds Community Center Admin
271240 11 RINTA, KIMBERLY Cash Over/Short General Fund
271131 11 CEF EP COMMUNITY SOLAR LLC Electric General Community Center
Check #Amount Supplier / Explanation Account Description Business Unit Comments27123111POWER UP PRODUCTS LLC Merchandise for Resale Concessions
270744 11 FLECK JAMIE Operating Supplies Outdoor Center
270707 11 BACAL, AGNIESZKA Operating Supplies Outdoor Center
270788 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
271047 10 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Fire Station #4
271146 10 DAHL, GAYLE P&R Refunds Community Center Admin
271271 10 XCEL ENERGY Other Contracted Services Police Sworn
271121 9 BRANHAM THOMAS Operating Supplies Theatre Initiative
1023971 9 ZIEGLER INC Repair & Maint. Supplies Wasterwater Collection
271070 7 RAY ALLEN MANUFACTURING CO INC Equipment Parts Fleet Operating
271105 7 ACTIVE 911 INC Software IT Operating
270605 6 BANNIE, SHARON P&R Refunds Community Center Admin
7326 5 SQUARE Bank and Service Charges Community Center Admin
271125 3 BUSBY TIMOTHY P&R Refunds Community Center Admin
271142 2 COMCAST Other Contracted Services Police Sworn
1023877 2 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Street Maintenance
6,873,299 Grand Total
City of Eden PrairiePurchasing Card Payment Report
11/12/2019
Amount Account Description Business Unit
3,990 Tuition Reimbursement/School Police Sworn
3,700 Software/Hardware Maint.IT Operating
3,671 Other Revenue General Fund
2,826 Software/Hardware Maint.IT Operating
2,737 Operating Supplies Fire
2,399 Software/Hardware Maint.IT Operating
2,100 Tuition Reimbursement/School Police Sworn
2,000 Equipment Repair & Maint Stormwater Collection
1,812 Software IT Operating
1,637 Travel Expense Community Development Admin.
1,395 Conference/Training Fleet Operating
870 Bank and Service Charges Prairie View Liquor Store
863 Capital Under $25,000 Finance
800 Licenses, Taxes, Fees Utility Operations - General
785 Dues & Subscriptions Fire
710 Capital Under $25,000 Street Maintenance
702 Computers IT Operating
700 Equipment Repair & Maint Stormwater Collection
626 Clothing & Uniforms Street Maintenance
574 Travel Expense Economic Development
571 Travel Expense Utility Operations - General
499 Travel Expense Utility Operations - General
499 Travel Expense Utility Operations - General
497 Tuition Reimbursement/School Police Sworn
497 Tuition Reimbursement/School Police Sworn
488 Equipment Repair & Maint Pool Operations
480 Operating Supplies Pool Operations
454 Other Contracted Services Community Center Admin
442 Conference/Training Utility Operations - General
437 Travel Expense Utility Operations - General
427 Clothing & Uniforms Street Maintenance
411 Building Materials Capital Maint. & Reinvestment
410 Conference/Training IT Operating
Amount Account Description Business Unit408Conference/Training Finance
390 Office Supplies Police Sworn
387 Operating Supplies Park Maintenance
377 Operating Supplies Police Sworn
371 Operating Supplies Police Sworn
360 Conference/Training Street Maintenance
350 Operating Supplies Fitness Classes
340 Operating Supplies Concessions
337 Travel Expense Administration
335 Conference/Training Utility Operations - General
333 Operating Supplies Pool Lessons
328 Travel Expense Assessing
324 Operating Supplies Lesson Skills Development
315 Clothing & Uniforms Utility Operations - General
315 Operating Supplies Park Maintenance
299 Office Supplies Police Sworn
294 Clothing & Uniforms Facilities Staff
290 Small Tools Fire
290 Conference/Training Utility Operations - General
285 Operating Supplies Pickleball (CC)
280 Operating Supplies Police Sworn
277 Miscellaneous City Council
276 Training Supplies Organizational Services
275 Conference/Training Stormwater Non-Capital
275 Operating Supplies Outdoor Center
260 Equipment Parts Fleet Operating
258 Software IT Operating
254 Dues & Subscriptions Human Resources
248 Office Supplies Administration
246 Conference/Training IT Operating
240 Conference/Training Arts Center
226 Operating Supplies Concessions
223 Operating Supplies Police Sworn
217 Miscellaneous City Council
216 Office Supplies Police Sworn
215 Operating Supplies Police Sworn
215 Operating Supplies Police Sworn
Amount Account Description Business Unit212Operating Supplies Fall Harvest
209 Conference/Training Fleet Operating
208 Advertising Community Center Admin
206 Training Supplies Police Sworn
200 Deposits General Fund
192 Office Supplies Police Sworn
190 Conference/Training Pool Operations
190 Clothing & Uniforms Utility Operations - General
185 Clothing & Uniforms Park Maintenance
184 Clothing & Uniforms Softball
180 Clothing & Uniforms Facilities Staff
180 Travel Expense Assessing
172 Operating Supplies Wine Club/Events
166 Small Tools Traffic Signals
160 Investigation Travel Fire
159 Equipment Parts Fleet Operating
150 Conference/Training Arts Center
150 Conference/Training Aquatics Admin.
150 Conference/Training Fitness Admin.
150 Conference/Training Park Maintenance
150 Conference/Training Community Center Admin
150 Conference/Training Senior Center Admin
150 Conference/Training Community Center Admin
149 Employment Advertising Organizational Services
149 Office Supplies Police Sworn
147 Training Supplies Police Sworn
146 Operating Supplies Volunteers
146 Small Tools Fleet Operating
145 Conference/Training Street Maintenance
145 Conference/Training Street Maintenance
145 Conference/Training Street Maintenance
141 Special Event Fees Trips
137 Merchandise for Resale Concessions
137 Tuition Reimbursement/School Police Sworn
135 Machinery & Equipment Fleet Operating
135 Office Supplies Police Sworn
135 Operating Supplies Playgrounds
Amount Account Description Business Unit134Office Supplies Administration
133 Operating Supplies Arts Center
130 Clothing & Uniforms Utility Operations - General
128 Small Tools Emergency Management
125 Conference/Training Utility Operations - General
125 Conference/Training Human Resources
125 Conference/Training Communications
123 Equipment Repair & Maint Fitness Classes
121 Clothing & Uniforms Utility Operations - General
120 Dues & Subscriptions City Clerk
120 Operating Supplies Police Sworn
117 Equipment Parts Fleet Operating
115 Dues & Subscriptions Communications
115 Office Supplies Police Sworn
114 Conference/Training Pool Operations
114 Equipment Repair & Maint Pool Operations
112 Operating Supplies Outdoor Center
111 Advertising Prairie View Liquor Store
109 Building Repair & Maint.Utility Operations - General
109 Miscellaneous Economic Development
108 Operating Supplies Lesson Skills Development
106 Repair & Maint. Supplies City Center - CAM
103 Pager & Cell Phone Street Maintenance
100 Licenses, Taxes, Fees Fitness Classes
98 Operating Supplies Ice Operations
95 Dues & Subscriptions Planning
92 Clothing & Uniforms Utility Operations - General
90 Operating Supplies Police Sworn
90 Conference/Training Arts Center
90 Tuition Reimbursement/School Police Sworn
90 Conference/Training Pool Operations
89 Other Contracted Services Fire
89 Clothing & Uniforms Facilities Staff
89 Miscellaneous Community Development Admin.
86 Miscellaneous Housing and Community Service
85 Operating Supplies Fall Harvest
84 Advertising Arts in the Park
Amount Account Description Business Unit84Operating Supplies Playgrounds
80 Merchandise for Resale Concessions
80 Operating Supplies Park Maintenance
80 Capital Under $25,000 Fleet Operating
80 Deposits General Fund
79 Repair & Maint. Supplies Stormwater Collection
79 Operating Supplies Fire
78 Operating Supplies Ice Lessons
78 Operating Supplies Arts Center
78 Equipment Parts Fleet Operating
77 Operating Supplies Outdoor Center
77 Equipment Repair & Maint Finance
77 Operating Supplies Arts Center
77 Clothing & Uniforms Park Maintenance
76 Clothing & Uniforms Utility Operations - General
76 Operating Supplies Gymnasium (CC)
76 Operating Supplies Pool Operations
75 Deposits General Fund
75 Clothing & Uniforms Facilities Staff
74 Clothing & Uniforms Street Maintenance
74 Operating Supplies Fitness Admin.
73 Office Supplies Police Sworn
72 Operating Supplies IT Operating
70 Operating Supplies Police Sworn
69 Repair & Maint. Supplies Water Distribution
69 Training Supplies Emergency Management
67 Operating Supplies Park Maintenance
66 Building Materials Capital Maint. & Reinvestment
65 Training Supplies Community Center Admin
64 Operating Supplies IT Operating
63 Operating Supplies Fall Harvest
62 Training Supplies Police Sworn
62 Equipment Repair & Maint Traffic Signals
61 Clothing & Uniforms Utility Operations - General
60 Fire Prevention Supplies Fire
60 Building Repair & Maint.Utility Operations - General
60 Travel Expense City Council
Amount Account Description Business Unit60Merchandise for Resale Concessions
59 Landscape Materials/Supp Community Center
58 Operating Supplies Police Sworn
58 Operating Supplies Community Center Admin
57 Program Trips Outdoor Center
57 Operating Supplies Outdoor Center
57 Clothing & Uniforms Park Maintenance
56 Building Repair & Maint.Utility Operations - General
56 Land Improvements General Fixed Asset Account Gr
55 Operating Supplies Fall Harvest
54 Miscellaneous Arts Center
53 Training Supplies Community Center Admin
52 Training Supplies Police Sworn
50 Merchandise for Resale Concessions
49 Operating Supplies Police Sworn
49 Operating Supplies Park Maintenance
48 Office Supplies Fire
48 Operating Supplies Fall Harvest
47 Operating Supplies Day Care
46 Merchandise for Resale Concessions
46 Motor Fuels Fleet Operating
45 Printing Fire
45 Clothing & Uniforms Park Maintenance
45 Operating Supplies Fall Harvest
45 Operating Supplies Ice Lessons
45 Video & Photo Supplies Communications
45 Operating Supplies IT Operating
45 Program Trips Outdoor Center
44 Tuition Reimbursement/School Police Sworn
44 Operating Supplies Park Maintenance
44 Merchandise for Resale Concessions
44 Equipment Parts Stormwater Collection
44 Motor Fuels Fleet Operating
43 Office Supplies Customer Service
43 Motor Fuels Fleet Operating
42 Operating Supplies Senior Board
41 Operating Supplies Arts Center
Amount Account Description Business Unit41Building Materials Capital Maint. & Reinvestment
41 Motor Fuels Fleet Operating
40 Employee Award Organizational Services
40 Operating Supplies Police Sworn
40 Merchandise for Resale Concessions
40 Software/Hardware Maint.IT Operating
40 Conference/Training Utility Operations - General
39 Training Supplies Police Sworn
38 Operating Supplies Outdoor Center
38 Merchandise for Resale Concessions
38 Operating Supplies Fitness Classes
37 Clothing & Uniforms Utility Operations - General
37 Operating Supplies Fleet Operating
36 Motor Fuels Fleet Operating
35 Merchandise for Resale Concessions
35 Office Supplies Police Sworn
35 Operating Supplies Community Center Admin
35 Office Supplies Fire
34 Miscellaneous Parks Administration
34 Operating Supplies Theatre Initiative
34 Repair & Maint. Supplies Stormwater Collection
34 Operating Supplies Fall Harvest
33 Operating Supplies IT Operating
33 Travel Expense Community Development Admin.
33 Office Supplies Police Sworn
33 Operating Supplies Outdoor Center
32 Repair & Maint. Supplies Wasterwater Collection
32 Operating Supplies Elections
31 Repair & Maint. Supplies City Center - CAM
31 Operating Supplies Police Sworn
30 Travel Expense Economic Development
30 Operating Supplies Police Sworn
30 Operating Supplies Outdoor Center
30 Advertising Arts Center
30 Conference/Training Street Maintenance
30 Conference/Training Street Maintenance
30 Travel Expense Economic Development
Amount Account Description Business Unit30Licenses, Taxes, Fees Facilities Staff
30 Travel Expense Communications
30 Operating Supplies Inclusion
30 Merchandise for Resale Concessions
30 Operating Supplies Facilities Staff
30 Repair & Maint. Supplies Stormwater Collection
30 Equipment Repair & Maint Senior Center Programs
30 Operating Supplies Fire
29 Postage Facilities Staff
29 Travel Expense Community Development Admin.
28 Operating Supplies Engineering
28 Operating Supplies Outdoor Center
28 Office Supplies Police Sworn
28 Video & Photo Supplies Communications
28 Operating Supplies Day Care
27 Operating Supplies Fall Harvest
27 Landscape Materials/Supp Outdoor Center
26 Travel Expense Utility Operations - General
26 Operating Supplies Park Maintenance
26 Operating Supplies Volleyball
26 Equipment Parts Fleet Operating
26 Landscape Materials/Supp Community Center
26 Operating Supplies Finance
25 Repair & Maint. Supplies Park Maintenance
25 Other Contracted Services Police Sworn
25 Deposits General Fund
24 Office Supplies Police Sworn
24 Merchandise for Resale Concessions
23 Merchandise for Resale Concessions
22 Computers IT Operating
21 Operating Supplies Emergency Management
21 Operating Supplies Specialty Fitness Programs
20 Clothing & Uniforms Theatre Initiative
20 Operating Supplies Arts Center
20 Operating Supplies Facilities Staff
20 Miscellaneous City Council
20 Travel Expense Utility Operations - General
Amount Account Description Business Unit20Operating Supplies Outdoor Center
20 Merchandise for Resale Concessions
20 Merchandise for Resale Concessions
20 Merchandise for Resale Concessions
20 Licenses, Taxes, Fees Utility Operations - General
20 Operating Supplies Senior Center Admin
19 Repair & Maint. Supplies Stormwater Collection
19 Operating Supplies Arts Center
19 Operating Supplies Birthday Parties
19 Merchandise for Resale Concessions
18 Dues & Subscriptions Communications
18 Operating Supplies Fire
18 Operating Supplies Arts Center
18 Merchandise for Resale Concessions
18 Merchandise for Resale Concessions
18 Deposits General Fund
17 Operating Supplies Emergency Management
17 Operating Supplies Community Center Admin
17 Operating Supplies New Adaptive
17 Video & Photo Supplies Communications
17 Operating Supplies Arts Center
16 Operating Supplies Pool Operations
16 Equipment Repair & Maint Public Safety Communications
16 Operating Supplies Senior Board
16 Operating Supplies Outdoor Center
15 Training Supplies Organizational Services
15 Other Contracted Services Organizational Services
14 Operating Supplies Fire
14 Operating Supplies Volunteers
14 Operating Supplies Pool Operations
14 Office Supplies Fire
14 Repair & Maint. Supplies Stormwater Collection
13 Operating Supplies Outdoor Center
13 Operating Supplies Senior Center Admin
12 Operating Supplies Fall Harvest
12 Operating Supplies Park Maintenance
12 Clothing & Uniforms Wasterwater Collection
Amount Account Description Business Unit11Operating Supplies Softball
11 Operating Supplies Arts Center
11 Operating Supplies Arts Center
9 Operating Supplies Playgrounds
9 Operating Supplies Arts Center
9 Operating Supplies Police Sworn
9 Operating Supplies Police Sworn
8 Operating Supplies Inclusion
8 Operating Supplies Police Sworn
8 Video & Photo Supplies Communications
8 Office Supplies Emergency Management
8 Operating Supplies Police Sworn
7 Operating Supplies Arts Center
7 Travel Expense Economic Development
7 Operating Supplies Volleyball
5 Conference/Training Facilities Staff
5 Merchandise for Resale Concessions
5 Operating Supplies Inclusion
5 Licenses, Taxes, Fees Fleet Operating
5 Licenses, Taxes, Fees Fleet Operating
4 Operating Supplies Police Sworn
4 Operating Supplies Inclusion
3 Deposits General Fund
2 Bank and Service Charges Customer Service
1 Deposits General Fund
-10 Landscape Materials/Supp Park Maintenance
-14 Office Supplies Fire
-17 Office Supplies Administration
-56 Clothing & Uniforms Facilities Staff
-76 Clothing & Uniforms Utility Operations - General
-92 Operating Supplies Police Sworn
-258 Software IT Operating
-529 Travel Expense Community Development Admin.
68,423 Report Total
CITY COUNCIL AGENDA
SECTION: Report of the City Manager
DATE:
November 12, 2019
DEPARTMENT/DIVISION:
Office of the City Manager/ Finance, Sue Kotchevar
ITEM DESCRIPTION: Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $5,125,000 General Obligation Bonds, Water Revenue
Bonds, Series 2019A
ITEM NO.:
XIV.B.1.
Requested Action
Move to: Adopt resolution authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $5,125,000 General Obligation Bonds, Series 2019A.
Synopsis
The 2019A bonds will finance the construction of a four million gallon pre-stressed concrete ground storage reservoir and a 2,400 square foot pump station as well as a parking and turn
around area for maintenance vehicles. The project is expected to be completed in 2020.
Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-___
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING
FOR THE PAYMENT OF $4,920,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2019A
BE IT RESOLVED by the City Council (the “Council”) of the City of Eden Prairie,
Minnesota (the “City”), as follows:
SECTION 1. AUTHORIZATION, SALE AND AWARD
1.01. Authorization
This Council hereby determines it to be in the best interest of the City to issue and sell the
City’s General Obligation Water Revenue Bonds, Series 2019A (the “Bonds”) in the aggregate
principal amount of $4,920,000 to finance water infrastructure improvements (the “Project”) to the City’s water utility system (the “System”). The Bonds will be issued pursuant to Minnesota Statutes, Section 444.075 and Chapter 475 (the “Act”). This Council finds, determines and declares that all conditions precedent to the offering for sale of the Bonds exist.
1.02. Sale
The City has retained Ehlers & Associates, Inc. (“Ehlers”), an independent municipal advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1.
Pursuant to the Terms of Proposal and the Preliminary Official Statement prepared on behalf of
the City by Ehlers, sealed or electronic proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened and publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of
Piper Jaffray & Co., in Minneapolis, Minnesota, and associates (the “Purchaser”), to purchase
$4,920,000 principal amount of the Bonds at a purchase price of $5,068,438.25, on the further terms and conditions hereinafter set forth.
1.03. Award
The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City
Manager are hereby authorized and directed to execute a contract on the part of the City with the
Purchaser for the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement.
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SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY
2.01. Issuance of Bonds
All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment
The Bonds shall be originally dated as of the date of issuance thereof, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on December 1 in the years and amounts stated below, and shall bear interest from date of
original issue until paid or duly called for redemption at the annual rates set forth opposite such
years and amounts, as follows:
Year Amount ($) Rate (%) Year Amount ($) Rate (%)
2020 190,000 3.000 2030 250,000 3.000
2021 190,000 3.000 2031 260,000 2.000 2022 195,000 3.000 2032 265,000 2.100
2023 205,000 3.000 2033 270,000 2.150
2024 210,000 3.000 2034 275,000 2.200
2025 215,000 3.000 2035 280,000 2.250
2026 220,000 3.000 2036 285,000 2.300
2027 230,000 3.000 2037 295,000 2.350 2028 235,000 3.000 2038 300,000 2.400
2029 245,000 3.000 2039 305,000 2.450
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond at the principal office of the Registrar (as hereinafter defined), the principal amount thereof, shall be payable by check or draft issued by the Registrar; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository.
2.03. Dates and Interest Payment Dates
Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable each June 1 and December 1, commencing June 1, 2020 (each such date, an “Interest Payment Date”), to the
person in whose name the Bonds are registered on the Bond Register (as hereinafter defined) at the Registrar’s close of business on the fifteenth day of the calendar month next preceding such
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4827-0527-2745\3
Interest Payment Date, whether or not such day is a business day. Interest shall be computed on
the basis of a 360-day year composed of twelve 30-day months.
2.04. Redemption
Bonds maturing in 2029 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and by lot as selected by the Registrar (or, if applicable, by the bond depository
in accordance with its customary procedures) in multiples of $5,000 as to Bonds maturing on the
same date, on December 1, 2028, and on any date thereafter, at a price equal to the principal amount thereof plus accrued interest to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty days prior to the
designated redemption date, will cause notice of the call to be mailed by first class mail (or, if
applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner’s address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not
affected by such defect or failure. Official notice of redemption having been given as aforesaid,
the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining principal amount
outstanding.
2.05. Appointment of Initial Registrar
The City hereby appoints U.S. Bank National Association in St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent (the “Registrar”). The Mayor and City
Manager are authorized to execute and deliver, on behalf of the City, a contract with the
Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves
the right to remove the Registrar upon thirty days’ notice and upon the appointment of a
successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar.
2.06. Registration
The effect of registration and the rights and duties of the City and the Registrar with
respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a Bond Register (the “Bond Register”) in which the Registrar shall provide for the
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4827-0527-2745\3
registration of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar
shall authenticate and deliver, in the name of the designated transferee or transferees, one
or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each Interest Payment Date and until such Interest Payment Date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner’s attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall
be promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of
receiving payment of or on account of, the principal of and interest on the Bond and for
all other purposes; and all payments made to any registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar may impose
a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for and
upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
5
4827-0527-2745\3
lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already
matured or been called for redemption in accordance with its terms it shall not be
necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, subd. 1, as amended.
(j) Valid Obligations. All Bonds issued upon any transfer or exchange of
Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange.
2.07. Execution, Authentication and Delivery
The Bonds shall be prepared under the direction of the City Manager and shall be
executed on behalf of the City by the signatures of the Mayor and City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless
be valid and sufficient for all purposes, the same as if such officer had remained in office until
delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be
signed by the same representative. The executed certificate of authentication on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the
purchase price.
2.08. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings:
“Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person’s subrogee.
“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds.
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4827-0527-2745\3
“DTC” shall mean The Depository Trust Company of New York, New York.
“Participant” shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
“Representation Letter” shall mean the Representation Letter from the City to DTC.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the
Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond
register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this resolution, registering the transfer of Bonds, and for all other
purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a
registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC
or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations
with respect to the principal of and interest on the Bonds to the extent of the sum or sums so
paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in
accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services
with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by the Mayor, in
the form presented to this Council with such changes, omissions, insertions and revisions as the
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4827-0527-2745\3
Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by
the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set
forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph
(b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for
DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the
provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds
The Bonds shall be prepared in substantially the form found at Exhibit A.
SECTION 3. GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2019A CONSTRUCTION FUND
There is hereby established on the official books and records of the City a General Obligation Water Revenue Bonds, Series 2019A Construction Fund (the “Construction Fund”)
which the City shall continue to maintain until payment of all costs and expenses incurred in
carrying out the Project has been made. To the Construction Fund there shall be credited the proceeds of the Bonds in the amount of $5,068,438.25, and from the Construction Fund there shall be paid all costs and expenses of the Project ($5,002,163.25) and the costs of issuance of the Bonds ($66,275.00). After payment of all costs incurred with respect to the Project and the
issuance of the Bonds, the Construction Fund shall be discontinued and any Bond proceeds
remaining therein shall be credited to the Bond Fund of the City described in Section 4. Upon completion and payment of all costs of the Project, but in any event no later than December 5, 2024, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as
directed by the City Council, or otherwise duly authorized, but any balance of such proceeds not
so used shall be credited and paid to the Bond Fund.
SECTION 4. GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2019A BOND FUND
The Bonds shall be payable from a separate General Obligation Water Revenue Bonds,
Series 2019A Bond Fund (the “Bond Fund”) of the City, which the City agrees to maintain until
the Bonds have been paid in full. If the money in the Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds, such amounts shall be paid from other money on hand in other funds of the City, which other funds shall be reimbursed therefor when
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sufficient money becomes available in the Bond Fund. Into the Bond Fund shall be paid
(a) Bond proceeds in the amount of -0- representing capitalized interest; (b) any amounts
received from the Purchaser upon delivery of the Bonds in excess of the amounts appropriated to the Construction Fund pursuant to Section 3 hereof; (c) net revenues of the System appropriated to the payment of the principal of and interest on the Bonds in accordance with Section 6 hereof; (d) any taxes collected pursuant to Section 7 hereof; and (e) any other funds appropriated by the
City for the payment of the Bonds.
The principal of and interest on the Bonds shall be payable from the Bond Fund, and the money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. On or before each principal and interest payment date for the Bonds, the City Manager is directed to remit to the Registrar from funds on deposit in the Bond Fund the
amount needed to pay principal and interest on the Bonds on the next succeeding principal and
interest payment date.
There are hereby established two accounts in the Bond Fund, designated as the “Debt Service Account” and the “Surplus Account.” There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount of $0. Thereafter, during each bond
year (each twelve month period commencing on December 2 and ending on the following
December 1, a “Bond Year”), as monies are received into the Bond Fund, the City Manager shall first deposit such monies into the applicable subaccount within the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the respective Bonds through the end of the Bond Year. All subsequent monies received in the Bond
Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the
amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account
shall be credited or charged to said accounts.
If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a
sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency,
which levy is not subject to any constitutional or statutory limitation
SECTION 5. SUFFICIENCY OF REVENUES
It is hereby found, determined and declared that the City owns and operates the System as a revenue-producing utility and convenience and that the net operating revenues of the System,
after deducting from the gross receipts derived from charges for the service, use and availability
of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other funds actually appropriated by the City for the payment when due of the principal of and interest on the Bonds, and on any other bonds to which such revenues are pledged.
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SECTION 6. RATE COVENANTS
Pursuant to Minnesota Statutes, Section 444.075, the City hereby covenants and agrees
with the registered owners from time to time of the Bonds, that until the Bonds and the interest thereon are paid in full, or are discharged as provided in Section 8, the City will impose and collect reasonable charges for the service, use and availability of the System according to schedules which will produce net revenues sufficient, with any other funds appropriated by the
City, to pay all principal and interest when due on the Bonds and any other bonds to which said
net revenues have been pledged; and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Bonds. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the System for payment of additional obligations of the City hereafter authorized if this
Council determines before the authorization of such additional obligations that the estimated net
revenues of the System will be sufficient, together with any other sources pledged to the payment of the outstanding and additional obligations, for payment of the outstanding bonds payable therefrom and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to, or on a parity with, the pledge and
appropriation herein made.
SECTION 7. PLEDGE OF TAXING POWERS
For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. However, it is presently estimated that the net
revenues of the System, together with other funds to be appropriated by the City, will produce
amounts not less than five percent in excess of the amounts needed to meet when due the principal and interest payments on the Bonds; therefore no ad valorem taxes are required to be levied at this time.
SECTION 8. DEFEASANCE
When all of the Bonds have been discharged as provided in this section, all pledges,
covenants and other rights granted by this Resolution to the registered owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged
by depositing with the Registrar a sum sufficient for the payment thereof in full with interest
accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided that
notice of such redemption has been duly given as provided herein. The City may also at any
time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such
rates and maturing or callable at the holder’s option on such dates as shall be required to pay all
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principal and interest to become due thereon to maturity or earlier designated redemption date,
provided, however, that if such deposit is made more than ninety days before the maturity date of
the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the
Bonds to be discharged on and before their maturity dates.
SECTION 9. TAX COVENANTS, ARBITRAGE MATTERS AND CONTINUING DISCLOSURE
9.01. General Covenant
The City agrees with the registered owners from time to time of the Bonds that it will not
take, or permit to be taken by any of its officers, employees or agents, any action that would
cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the “Code”) and applicable Treasury Regulations (the “Regulations”), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code
and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be
expended solely for the payment of the costs of the Project. The Project is and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non-governmental person relating to
the use of the Project, or any portion thereof, or security for the payment of the Bonds which
might cause the Bonds to be considered “private activity bonds” or “private loan bonds” pursuant to Section 141 of the Code.
9.02. Arbitrage Certification
The Mayor and City Manager being the officers of the City charged with the
responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to
execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and applicable Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will not be used in a manner that would cause the Bonds
to be “arbitrage bonds” within the meaning of the Code and the applicable Regulations.
9.03. Arbitrage Rebate.
The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are
required under said Section 148(f) and applicable Regulations unless the Bonds qualify for an
exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds (other than amounts
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constituting a “bona fide debt service fund”) arise during or after the expenditure of the original
proceeds thereof.
9.04. Qualified Tax-Exempt Obligations
The City Council hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt
governmental obligations (within the meaning of Section 265(b)(3) of the Code) which will be
issued by the City and all subordinate entities during calendar year 2019 does not exceed $10,000,000.
9.05. Reimbursement
The City certifies that the proceeds of the Bonds will not be used by the City to reimburse
itself for any expenditure with respect to the Project which the City paid or will have paid more
than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project meeting the requirements
of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to “preliminary expenditures” for
the Project as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the “issue price” of the portion of the Bonds allocable to the Project.
9.06. Continuing Disclosure
(a) Purpose and Beneficiaries. To provide for the public availability of certain information
relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which
will enhance the marketability of the Bonds, the City hereby makes the following covenants and
agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any
person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever
action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law.
Notwithstanding anything to the contrary contained herein, in no event shall a default under this
section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar
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evidence of such beneficial ownership in form and substance reasonably satisfactory to the
Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity
which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times:
(1) on or before twelve (12) months after the end of each fiscal year of the City,
commencing with the fiscal year ending December 31, 2019, the following financial information and operating data in respect of the City (the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, prepared
in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such
generally accepted accounting principles for reasons beyond the
reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and
(B) to the extent not included in the financial statements referred to in
paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: “Valuations – Current Property Valuations,” “Debt – Direct Debt,” “Tax Levies and Collections,” “General Information – US
Census Data” and “- Employment/Unemployment Data.”
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal Market Access System (“EMMA”) or to the SEC. The City shall clearly identify in the
Disclosure Information each document so incorporated by reference. If any part of the
Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data
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is not included in the Disclosure Information and the City determines that certain specified data
regarding such replacement operations would be a Material Fact (as defined in paragraph (2)
hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent
necessary, an explanation of the reasons for the amendment and the effect of any change in the
type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each a “Material
Fact”):
(A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes;
(L) Bankruptcy, insolvency, receivership or similar event of the obligated
person; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry
into a definitive agreement to undertake such an action or the termination
of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material;
(O) Incurrence of a financial obligation of the obligated person, if material, or
agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; and
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(P) Default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a financial obligation of the
obligated person, any of which reflect financial difficulties. For purposes of the events identified in paragraphs (O) and (P) above, the term “financial obligation” means (i) a debt obligation; (ii) a derivative instrument entered into in connection
with, or pledged as security or a source of payment for, an existing or planned debt obligation; or
(iii) a guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule.
As used herein, for those events that must be reported if material, an event is “material” if it is an
event as to which a substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be
deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of
applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when
any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an
obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but
subject to the supervision and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection
(d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City.
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(c) Manner of Disclosure.
(1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time. (d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any
Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or
administrative actions or proceedings, the failure of the City to comply with the
requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof.
(2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording
officer of the City accompanied by an opinion of Bond Counsel, who may rely on
certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of
operations conducted by the City, or (b) is required by, or better complies with,
the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule
as in effect and interpreted at the time of the amendment or supplement was in
effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of
the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder.
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(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
SECTION 10. CERTIFICATION OF PROCEEDINGS
10.01. Registration and Levy of Taxes
The City Clerk is hereby authorized and directed to file a certified copy of this Resolution
in the records of Hennepin County, together with such additional information as required, and to obtain a certificate that the Bonds have been duly entered upon the County Auditor’s bond register and the tax required by law has been levied.
10.02. Authentication of Transcript
The officers of the City are hereby authorized and directed to prepare and furnish to the
Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and
records in their custody and control or as otherwise known to them, and all such certified copies,
certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein.
10.03. Official Statement
The Preliminary Official Statement relating to the Bonds, dated as of October 31, 2019,
prepared and distributed by Ehlers, is hereby approved. Ehlers, is hereby authorized on behalf of
the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a Final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule l5c2-12 adopted by the Securities and
Exchange Commission under the Securities Exchange Act of 1934. The officers of the City are
hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.
10.04. Authorization of Payment of Certain Costs of Issuance of the Bonds.
The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to
the payment of issuance expenses to Old National Bank on the closing date for further
distribution as directed by Ehlers.
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ADOPTED by the City Council of Eden Prairie this 12th day of November, 2019.
________________________ Ronald A. Case, Mayor
ATTEST: ____________________________
Kathleen Porta, City Clerk
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EXHIBIT A
UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF EDEN PRAIRIE
GENERAL OBLIGATION WATER REVENUE BOND, SERIES 2019A
R-___ $_________
Interest Rate Maturity Date Date of Original Issue CUSIP No.
__% December 1, 20__ December 5, 2019 REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
CITY OF EDEN PRAIRIE, MINNESOTA (the “City”), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of
original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual rate specified above, payable on June 1 and December 1 of each year, commencing June 1, 2020 (each such date, an “Interest Payment Date”), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America drawn on U.S. Bank National Association in St. Paul, Minnesota, as bond registrar, transfer agent and paying agent (the “Registrar”), or its successor designated under the
Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of $4,920,000 issued pursuant to a resolution adopted by the City Council on November 12, 2019 (the “Resolution”), to finance improvements (the “Project”) to the City’s water utility system (the “System”). This Bond is issued by
authority of and in strict accordance with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 444.075 and Chapter 475. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities.
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Bonds maturing in 2029 and later years are each subject to redemption and prepayment at the
option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000 as to Bonds maturing on the same date, on December 1,
2028, and on any date thereafter, at a price equal to the principal amount thereof plus accrued interest to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by
law, and, at least thirty days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner’s address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together
with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in
the name of the designated transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange.
The Bonds have been designated as “qualified tax-exempt obligations” pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of
The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that by the Resolution, the City has covenanted and agreed to impose and collect, or cause to be imposed and collected, charges for the service, use and availability of the System at the times and in the amounts required to produce net revenues which,
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together with any other funds appropriated by the City, will be receivable in the years and in amounts
sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due; that if necessary for payment of principal and interest on the Bonds, ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and
that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives.
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IN WITNESS WHEREOF, the City of Eden Prairie, Minnesota, by its City Council, has caused
this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager.
CITY OF EDEN PRAIRIE, MINNESOTA
(Facsimile Signature - City Manager) (Facsimile Signature – Mayor) ________________ CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: __________________
U.S. BANK NATIONAL ASSOCIATION, as Bond Registrar
By Authorized Representative ________________
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The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM --as tenants in common UTMA ………….…. as Custodian for ………….…..
(Cust) (Minor)
TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ...................……..
(State)
JT TEN --as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used. ________________ ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto _____________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ______________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises.
Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever.
Signature Guaranteed: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.
Please insert social security or other identifying number of assignee:______________________
4827-0527-2745\3
CERTIFICATE OF HENNEPIN COUNTY AUDITOR
AS TO REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting County Auditor of Hennepin
County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a
resolution duly adopted on November 12, 2019, by the City Council of the City of Eden Prairie,
Minnesota, setting forth the form and details of an issue of $4,920,000 General Obligation Water
Revenue Bonds, Series 2019A, dated as of December 5, 2019.
I further certify that the issue has been entered on my bond register, as required by
Minnesota Statutes, Sections 475.61 through 475.63.
WITNESS my hand and official seal this ______ day of November, 2019.
Hennepin County Auditor (SEAL)
CITY COUNCIL AGENDA
SECTION: City Manager’s Report
DATE:
November 12, 2019
DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/David Lindahl
ITEM DESCRIPTION:
Yorkville & Bloomington Road Heritage Preservation Site Designation
ITEM NO.:
XIV.B.2.
Requested Action
Move to: Designate a segment of the historic Yorkville & Bloomington Road within the James A. Brown Conservation Area as depicted in the enclosed nomination report as a Heritage Preservation Site under
City Code Chapter 11.05, Criterion 1, “In association with events that have made significant
contribution to the broad patterns of Eden Prairie’s history.” Synopsis
The Eden Prairie Heritage Preservation Commission (HPC) held a public hearing on October 21, 2019
and recommended the City Council designate a segment of the historic Yorkville and Blooming Trail located within the City-owned James A. Brown Conservation Area as a Heritage Preservation Site. Once designated by the City Council, the HPC will prepare a Heritage Preservation Plan to:
• Identify significant features of the Heritage Site
• Provide preservation guidelines
• Develop a vegetation management plan for the Site
The Planning Commission reviewed the designation request at their October 28, 2019 meeting and found it consistent with the City’s Comprehensive Plan and recommended approval to City Council. Background
From1864 to 1892, the Yorkville and Bloomington Road was part of a critical area of animal-drawn transit within the southern Twin Cities region, with particular importance for commerce and trade between Carver County and Hennepin County, including Eden Prairie, Minneapolis and St. Anthony.
The enclosed nomination report prepared by McDonald & Mack Architects provides the basis for the
proposed designation and includes several maps showing the location of the historic road in Eden Prairie. Attachment Yorkville and Bloomington Road Nomination Report
City of Eden Prairie
Heritage Preservation Commission
Yorkville and Bloomington Road Nomination
Prepared by
August 15, 2019
(Revised September 25, 2019)
Yorkville and Bloomington Road Nomination 2
Summary
This report serves as a nomination for Yorkville and Bloomington Road for designation as a
Heritage Preservation Site within the city of Eden Prairie, Minnesota. It was prepared by
MacDonald & Mack Architects for the City of Eden Prairie and adapted from the Minnesota
Individual Property Inventory Form prepared by Two Pines Resource Group in February 2018.
Per Ordinance No. 5-2010, Subd. 3, the City of Eden Prairie’s Heritage Preservation Commission
(HPC) has established a series of criteria for listing a historic district, site, building, or object as a
Heritage Preservation Site. Yorkville and Bloomington Road is eligible for listing under
Criterion 1, “[association] with events that have made significant contribution to the broad
patterns of our history.”
Contents
1. Planning Information .....................................................................3
2. Site Maps and Aerial Photos .........................................................4
3. Physical Description .......................................................................7
4. Statement of Significance ............................................................ 12
5. Bibliography .................................................................................. 13
Yorkville and Bloomington Road Nomination 3
1. Planning Information
Name
Yorkville and Bloomington Road
Location
Approximately 1,000 feet south of the intersection of Riverview Road (former) with Riverview
Road (current). It is situated roughly midway between the Minnesota River and Spyglass Drive.
Boundaries
The intact portion of the road within the city-owned conservation area is approximately 1,200
feet long. (See next page.)
Owner
City of Eden Prairie
Classification
The site was used for Transportation during the period of significance.
Present Use
The site is now categorized as Landscape within the James A. Brown Conservation Area.
Yorkville and Bloomington Road Nomination 4
2. Site Maps and Aerial Photos
Figure 1 / Topo map showing affected area
Figure 2 / 1873 map overlaid with local portion of road
Yorkville and Bloomington Road Nomination 5
Figure 3 / Present-day area of road
Figure 4 / Overhead satellite view of affected area
Yorkville and Bloomington Road Nomination 6
Figure 5 / Survey and map of affected area by Paul Thorp.
Yorkville and Bloomington Road Nomination 7
3. Physical Description
This information is adapted from the Minnesota Individual Property Inventory Form prepared by Two
Pines Resource Group in February 2018.
General site location and conditions
The site is located within the James A. Brown Conservation Area. The intact road segment
within this area is 1,200 feet (0.23 miles; 366 meters) in length and consists of a narrow terrace
cut into the hillside about halfway up the bluff at an average elevation of 730 to 740 feet ASL.
The visible west end of the continuous segment begins just to the east of a spring and a series of
small erosional ravines; the eastern end is marked by a transmission corridor. The route can
again be discerned at a distance of about 100 ft. to the east of the transmission corridor where
another approximate 30 foot (9 m) length is present within the boundary of the conservation
area.
The vegetation on the hillside is mature open woodland with an understory of buckthorn and
prickly ash. The road alignment is covered by this understory vegetation, which in many places
renders it impassable. A former barbed‐wire fenceline also parallels and crosses the trail.
The earthen roadbed averages 12‐15 ft. in width, though erosion has softened its edges and
narrowed its width.
Along the road segment there are occasional small erosional ravines that have removed small
sections of roadbed. A single, more substantial ravine was likely in existence at the time of the
road’s use. The sloped embankments to either side of this large ravine suggest it was bridged in
some fashion although no evidence of a bridge structure or support elements remain. No
associated features such as retaining walls or culverts were observed. However, on the 1994
inventory form for the Schlampp segment (HE‐EPC‐097), located 0.25 miles further to the east,
the landowner reported that remains of corduroy surfaces had been discovered along the route
together with occasional artifacts (Vogel 1994).
Historic use
Evidence suggests that this road may be a segment of the Minnesota Valley Oxcart Trail, given
that it is a continuation of road segments (HE‐EPC‐97 and HE‐EPC‐98) previously interpreted
as part of the trail network. Evidence and analysis by Eden Prairie Heritage Preservation
Commission member Paul Thorp, including historic plat maps and surveying information,
indicates that this road follows the same path as the Oxcart Trail and may have its origins in
that precursor. Heritage Group North’s analysis reached a different conclusion, finding that,
while the road segment within the conservation area is clearly visible on the historical aerial
Yorkville and Bloomington Road Nomination 8
photography flown in January of 1937 and on modern LiDAR imagery (Map 2), it was not
recorded during the initial 1854 government land survey; on the encompassing1853‐54 plat of
the Hennepin townsite; or on Cook’s 1860 plat map of Hennepin County. Heritage Group
North’s work suggests the road postdates 1854 and thus the period of the Minnesota Valley
Trail’s use (Gilman et al. 1979:8, 16‐17, 24‐26). In support of the road’s later period of origin, a
road alignment below the bluff and within the southern portions of Sections 35 and 36 is
recorded on the 1873 and 1879 plat maps of Hennepin County (Wright 1873; Warner and
Cooley 1879). While the oxcart trails developed organically along the easiest path across an
undeveloped landscape, the historic road within the conservation area does not follow a natural
terrace, but instead was clearly graded across the hillside midway up the bluff.
We recommend further study to resolve the uncertainty whether or not any roads existed on the
same site prior to the Yorkville and Bloomington Road. That said, the Yorkville and
Bloomington Road is worthy of documentation, celebration, and local designation unto itself.
Initial impetus for the road
Documentary research revealed that the road segment within the James A. Brown Conservation
Area is a remnant of a state road known as the “Yorkville and Bloomington Road,” which was
constructed at the request of the residents of Carver County who sought a more direct and
passable route to Minneapolis and St. Paul (The Valley Herald 1863a).
The advantages gained by this road are that you save about five miles travel over a rough and
hilly road. In going to St. Paul via Shakopee, you expend one dollar in ferriage for each trip. The
money paid out annually to ferrymen, by citizens of this county in going to St. Paul via
Shakopee, would pay for making the road to the eastern line of the county. During high water,
and even at its present state, it is almost impossible to go that way, and people are forced to climb
the bluffs, and, with loaded teams, follow a circuitous, hilly and poorly work‐road, all of which
could be avoided by working our new State road, which runs through the Yorkville Prairie and
along the foot of the bluff, to Bloomington.
In March of 1863, the Minnesota State Legislature passed “An Act to Locate and Open a State
Road from Yorkville in Carver County, to intersect the St. Paul Road south of Gibson’s, in
Bloomington Township, Hennepin County” (State of Minnesota 1863:242‐243).1 The road was to
be a “State road and public highway” platted along the river between Yorkville on the west and
a point on the St. Paul Road “about one mile south of Gibson’s.”2 The counties of Hennepin and
1 Yorkville, or Yorkville Landing, was a location on the Minnesota River in Carver County.
2 According to the Cook’s 1860 plat map the Gibson place was on Section 19 in Bloomington Township,
which would place the east end of the road in Section 30 of T 27N R 24W, however the east terminus was
pulled back to an intersection with the Chaska and Bloomington Road at “a point eighty rods east of the
quarter section post, between section 31 and 36, on the range line between 21 and 22 town 116” (The
Valley Herald 1864b).
Yorkville and Bloomington Road Nomination 9
Carver were responsible for opening and improving the road within six months of the passage
of the bill. Within two months, in May of 1863, Carver County had contracted for the
Construction of the road to the county line (The Valley Herald 1863a). An article about the plans
to complete the Carver County segment urged the completion of the Hennepin County portion
by highlighting the economic benefits of the road (The Valley Herald 1863b):
Now that we have provided for the building of the road through Carver County, an effort should
be made to secure an appropriation from Hennepin County to build that portion of the road lying
within its borders. The trading men of Minneapolis and St. Anthony should know that good
roads to their market are essential requisites to prosperity in business; that immense quantities of
pork and produce from Carver County are taken to their market and exchanged for lumber and
other kinds of goods, not easily obtained nearer home; that the better the road, the less inducement
is required to bring the people of Carver County to their market. This road, once built, will avoid
the roughest, longest, and most dreaded portions of the road leading to Minneapolis.
Great interest is felt here in having the road pushed through, and the market to which it leads
must receive even greater benefits than parties traveling the road. The influence of the city of
Minneapolis can secure a necessary appropriation, and will oblige its business men and a large
scope of country lying west of the road by making an effort to see the road completed. We are
informed also, that citizens of this county are ready to subscribe liberal sums in aid of that
portion of the road lying in Hennepin County. If the citizens of Minneapolis will do as well,
either by private subscriptions or through their county board, the road may be in a condition for
travel in the fall.
Despite this appeal, the commissioners of Hennepin County were resistant to opening the road
due to the perceived difficulty of constructing the route as platted (The Valley Herald 1864a).
However, after mediation with an arbitrator and further examination of the route, the originally
platted alignment was recommended for construction in 1864 (The Valley Herald 1864b).
Road construction
The platted route as surveyed in January of 1863 went “from the county line between Carver
and Hennepin counties to a point where said road intersects the section line between Section 28
and 33 Town 116 Range 22, thence easterly along the base of the river bluff on the most feasible
ground to the Bridge across the creek, on the surveyed route of the Yorkville and Bloomington
road in Section 33, then along the line of the road as surveyed by J. O. Brunius to a point of
junction with the old Chaska and Bloomington road eighty rods east of the quarter stake
between section 31 and 36 on the range line between section 21 and 22 town 116” (The Valley
Herald 1864b). The road was to be constructed so that it was “not less than eighteen feet in width
on its face, and so as to allow teams to safely pass each other at any, and all points on said road”
(The Valley Herald 1864b). The revised completion date was pushed back to October of 1864 (The
Valley Herald 1864b).
Yorkville and Bloomington Road Nomination 10
That the historic road within the James A. Brown Conservation Area is a portion of the
Yorkville and Bloomington Road is confirmed by a number of references to the road passing
through the lands of Georgiana F. Leigh. According to the 1873 plat map, members of the Leigh
family owned all that land north of the Minnesota River in the W ½ and the W ½ of the E ½ of
Section 35 which encompasses the historic road alignment and the majority of the James A.
Brown Conservation Area (Wright 1873). By 1879, this land was consolidated under the
ownership of Georgiana F. Leigh, whose house was located on the SE ¼ of the NW ¼ of Section
35 (Warner and Cooley 1879). Among the recorded notices is a petition entered on December 6,
1875 by James A. Brown and others requesting an alteration to the Yorkville and Bloomington
Road to which Mrs. Leigh was opposed (Hennepin County Board; MHS 127.F.7.7B; 461). The
county sided with Mrs. Leigh and rejected the proposed change.
However, just two years later, in December of 1877, the Hennepin County Board of
Commissioners had an official survey completed of the same proposed change to the Yorkville
and Bloomington Road (Hennepin County Board; MHS 112.J.16.3.B‐1):
Commencing in Sec 34 T116 R22 at a point in said road about 12 rods east of a point where said
road crosses the line between Secs 34 & 35, T116 R22 and running thence northeasterly and
south of Mrs. Leigh’s house, Thence Easterly to the road running south from the Wolf
schoolhouse, Thence South Easterly so as to intersect said Yorkville and Bloomington road where
said road is crossed by “Purgatory” Creek.
Again, Mrs. Leigh successfully appealed the county’s proposed change in the road (St. Paul
Daily Globe, 27 Feb. 1878). Then, in September of 1880 Mrs. Leigh, herself, successfully
petitioned the Eden Prairie supervisors to open a route that would connect the Yorkville and
Bloomington Road with the Wolf School house road, but not continue east to Purgatory Creek.
Her petition describes a road leading from the “road running south form the Wolf school
house” along the centerline of Section 35, west to a point at “the top of the hill opposite Mrs. G.
F. Leigh’s Residence” then to the west of the rut of the “old travelled track” (the former
Hennepin Landing Road) to its intersection with “the Yorkville and Bloomington road six rods
[99 feet] west of Mrs. Leigh’s Spring on said Yorkville and Bloomington Road all in Sec Thirty
Five Township 116 R 22” (Eden Prairie Clerk’s Records, MHS).
This alignment corresponds to the portion of Riverview Road (now closed) that descends the
bluff along the west boundary of the conservation area.
An actively flowing spring about 100 feet into the James A. Brown Conservation district and
located along the path of the historic road corresponds to “Mrs. Leigh’s Spring.”
Yorkville and Bloomington Road Nomination 11
The road’s final years and closure
Eventually, new roads in the area and changes to the Yorkville and Bloomington Road itself led
to the closure of the portion within the James A. Brown Conservation Area.
While an alternative route up the bluff past Mrs. Leigh’s was opened in 1880, the portion of the
Yorkville and Bloomington Road below the bluff between Riverview Road (now closed), on the
west, and Purgatory Creek, on the east, was still in use through 1892. In July of that year, the
Hennepin County Board of Commissioners approved a change in the road’s alignment from “a
point in said highway sixty rods east of the section line running north and south between
sections 34 and 35, town 116, range 22, to the creek in the northeast quarter section 36 in said
town and range” (The Minneapolis Tribune, 7 Sept. 1892, p.7). With that alteration, the segment of
the Yorkville and Bloomington Road within the boundary of the conservation area was
abandoned.
Figure 6 / Portion of the affected area, looking west (October 2017).
Yorkville and Bloomington Road Nomination 12
4. Statement of Significance
As an overland transportation route, the segment of the Yorkville and Bloomington Road
within the James A. Brown Conservation Area is evaluated under National Register of Historic
Places Criterion A, association with events that have made a significant contribution to the
broad patterns of our history.
For three decades, this road was a key component of a critical area of transit within the southern
Twin Cities region—as an article at the time stated: “This road, once built, will avoid the
roughest, longest, and most dreaded portions of the road leading to Minneapolis” (The Valley
Herald 1863b). It served this purpose for nearly three decades, during a period when this area of
Minnesota was growing, as seen in the table below, which shows county population per U.S.
Census data (National Historical Geographic Information System, www.nhgis.org).
Year Carver Hennepin
1860 5,106 12,849
1870 11,586 31,566
1880 14,140 67,013
1890 16,532 185,294
Unlike many early roads that were eventually upgraded and widened, this road segment was
abandoned and not subsequently modified. In its unimproved condition, the road retains its
original trajectory while its narrow width reflects its use during a period of animal‐drawn
transportation. As such, it retains excellent integrity of location and association.
While the roadbed has suffered in places from the effects of erosion, the overall integrity of the
design and workmanship is good as the length of this segment is sufficient to retain the sense of
a continuous corridor despite minor losses. The integrity of setting and feeling of this segment
is also good as its location within a conservation area has kept it free of modern visual
intrusions. However, presently, the alignment is overgrown with wooded undergrowth which
diminishes its setting and feeling. For this reason, it is recommended that a vegetation
management plan for the road be developed in consultation with the City.
Based on these findings, the portion of the Yorkville and Bloomington Road within the James A.
Brown Conservation Area is recommended as for designation as a Heritage Preservation Site
within the city of Eden Prairie under Criterion 1, “[association] with events that have made
significant contribution to the broad patterns of our history.”
Yorkville and Bloomington Road Nomination 13
5. Bibliography
Case, J. A.
1854 Hennepin, Hennepin County. Plat map on file with Hennepin County.
Cook, R.
1860 Sectional Map of Hennepin Co. Minnesota Showing cities, Townships, Townsites,
Roads & Railroads. R & F Cook, St. Paul.
Foote, C.M. and Company
1887 Map of Ramsey and Washington Counties with Adjacent Portions of Anoka,
Dakota & Hennepin Counties, Minnesota and Parts of St. Croix & Pierce Counties. C. M.
Foote & Co., Minneapolis.
General Land Office (GLO)
1855 Township 116N, Range 22W. General Land Office, Washington, D.C.
Gilman, Rhoda R., Carolyn Gilman and Deborah M. Stultz
1979 The Red River Trails, 1820‐1870. Minnesota Historical Society Press, St. Paul.
National Historical Geographic Information System
“Download U.S. Census Data Tables & Mapping Files,” www.nhgis.org.
State of Minnesota
1863 General and Special Laws of the State of Minnesota, Together with the Joint
Resolutions and Memorials Passed during the Fifth Session of the State Legislature.
Frederick Driscoll, St. Paul.
The Valley Herald (Chaska)
1863a New State Road. March 28, 1863
1863b State Road. May 23, 1863.
1864a Yorkville Road. March 12, 1864
1864b The Road Commissioners. March 26, 1864
Two Pines Resource Group
Literature Search and Phase I Archaeological Survey of the Town of Hennepin, City of
Eden Prairie, Hennepin County, Minnesota. February 2018.
Minnesota Individual Property Inventory Form. February 12, 2018.
Yorkville and Bloomington Road Nomination 14
Vogel, Robert C.
1994b Minnesota Valley Trail North – Schlampp Segment. Eden Prairie Cultural
Resources Survey Historic Landscape Inventory Form. On file at the Minnesota State
Historic Preservation Office, St. Paul.
Warner, George E. and George W. Cooley
1879 Map of Hennepin County, Minnesota. Warner and Foote, Minneapolis.
Wright, George B.
1873 Map of Hennepin County, Minnesota. Geo. B. Wright and G. Jay Rice, Minneapolis.