HomeMy WebLinkAboutCity Council - 01/07/2020
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JANUARY 7, 2020 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 Maggie Neuville, and Recorder Katie
O’Connor
Workshop - Heritage Rooms I and II (5:30)
I. EDEN PRAIRIE STATE DELEGATION WITH SENATOR CWODZINSKI,
SENATOR FRANZEN, REPRESENTATIVE KOTYZA-WITTHUHN,
REPRESENTATIVE ELKINS, AND REPRESENTATIVE PRYOR
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
A. SCOT ADAMS – ELECTRIC VEHICLE CHARGING STATIONS
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JANUARY 7, 2020 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 Maggie Neuville, and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION OF $150 FROM FLYING CLOUD ANIMAL
HOSPITAL FOR STARING LAKE OUTDOOR CENTER’S ANIMAL OPEN
HOUSE (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 3, 2019
B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 3, 2019
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. COSTCO FUEL FACILITY EXPANSION by Barghausen Consulting Engineers,
Inc. Second Reading of an Ordinance for PUD District Amendment with waivers on
18.18 acres; Resolution for Site Plan Review on 18.18 acres (Ordinance for PUD
District Amendment; Resolution for Site Plan)
C. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES
FOR CITY BOARDS AND COMMISSIONS FOR 2020
CITY COUNCIL AGENDA
January 7, 2020
Page 2
D. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY
TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
E. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY
TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY
OF EDEN PRAIRIE
F. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO
TRANSACT BANKING BUSINESS
G. ADOPT RESOLUTION DESIGNATING DEPOSITORIES
H. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
I. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN
CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL
APPROVAL
J. APPROVE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF
EDEN PRAIRIE AND MATT’S AUTO SERVICE FOR 2020
K. RATIFY RESOLUTION NO. 2019-131 APPROVING THE SUPPORT OF A
JOB CREATION FUND APPLICATION IN CONNECTION WITH DDL
CORPORATION
L. AWARD CONTRACT TO NAC MECHANICAL AND ELECTRICAL
SERVICES FOR CITY CENTER CHILLER REPLACEMENT
M. DECLARE FURNITURE OBSOLETE
N. AUTHORIZE LOGIS TO REPLACE SWITCHES AT EDEN PRAIRIE
COMMUNITY CENTER
O. REJECT BIDS FOR CITY CENTER EAST FLUID COOLER
REPLACEMENT
P. APPROVE PURCHASE OF MOBILE COMPUTERS, DOCKS, AND
MOUNTS FOR POLICE SQUAD CARS THROUGH HP INC.
Q. APPROVE PLEASANT HILL CEMETERY GROUND BURIAL AND
COLUMBARIUM FEES
R. AUTHORIZE COOPERATIVE SERVICES AGREEMENT WITH UNITED
STATES DEPARTMENT OF AGRICULTURE FOR DEER
MANAGEMENT SERVICES
CITY COUNCIL AGENDA
January 7, 2020
Page 3
S. AUTHORIZE CHANGE ORDERS FOR STARING LAKE BUILDING
PROJECT
T. ADOPT RESOLUTION RECEIVING AND DECLARING PUBLIC RIGHT OF
WAY ON WEST 70TH STREET
U. APPROVE POND 05-11-A DREDGING COST PARTICIPATION AND
MAINTENANCE AGREEMENT WITH HENNEPIN COUNTY
IX. PUBLIC HEARINGS / MEETINGS
A. TARGET REMODEL by Kimley-Horn and Associates, Inc. Resolution for PUD
Concept Review on 10.6 acres; First Reading of an Ordinance for PUD District
Amendment with waivers on 10.6 acres (Ordinance for PUD District
Amendment; Resolution for PUD Concept)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. RESOLUTION OF SUPPORT FOR SOUTHWEST TRANSIT
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution)
B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR
CITY COUNCIL IN 2020 AND APPOINT ACTING MAYOR (Resolution)
C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND
REDEVELOPMENT AUTHORITY (Resolution)
D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN
RATE AUTHORITY (Resolution)
E. APPOINTMENT OF MAYOR CASE AS DELEGATE AND COUNCIL
MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES
F. APPOINTMENT OF MAYOR CASE TO MUNICIPAL LEGISLATIVE
COMMISSION
G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION
H. APPOINTMENT TO I-494 CORRIDOR COMMISSION
CITY COUNCIL AGENDA
January 7, 2020
Page 4
I. APPOINTMENT OF ASSISTANT WEED INSPECTOR
J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE
RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution)
K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: January 3, 2020
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, January 7, 2020
___________________________________________________________________________________________
TUESDAY, JANUARY 7, 2020 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.
HRA MEETING
HRA I. ROLL CALL / CALL THE HRA MEETING TO ORDER
HRA II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 3, 2019
MOTION: Move to approve the HRA minutes from December 3,
2019.
HRA III. ADOPT RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR TO
EXECUTE DOCUMENTS ON BEHALF OF HRA
Synopsis: The Resolution authorizes the Executive Director to sign approved
documents on behalf of the HRA.
MOTION: Move to authorize the Executive Director to execute
documents on behalf of the Eden Prairie Housing Redevelopment
Authority.
ANNOTATED AGENDA
January 7, 2020
Page 2
HRA IV. APPROVE ASSIGNMENT OF TAX INCREMENT NOTE AND HRA
CONSENT AND AUTHORIZE EXECUTION BY THE EXECUTIVE
DIRECTOR
Synopsis: Windsor Plaza, LLC entered into a Tax Increment Development
Agreement with the HRA on September 4, 2007. Pursuant to the Agreement tax
increments are being provided by the HRA through a Tax Increment Note issued
by the HRA to Windsor Plaza. Windsor Plaza, LLC is refinancing its mortgage.
The Lender requires an assignment by Windsor Plaza, LLC of the Tax Increment
Note and the consent to such assignment by the HRA. The City Attorney
recommends approval of the Assignment of Tax Increment Note and execution of
the Consent.
MOTION: Move to approve the Assignment of Tax Increment Note
and HRA Consent and authorize execution by the Executive Director
HRA V. ADOPT RESOLUTION APPROVING PARTICIPATION OF HENNEPIN
COUNTY HOUSING AND REDEVELOPMENT AUTHORITY IN CITY
AFFORDABLE HOUSING PROJECTS USING AFFORDABLE HOUSING
INCENTIVE FUND FOR WEST HENNEPIN HOUSING LAND TRUST
Synopsis: The City has agreed to use Community Development Block Grant
funds to assist with the purchase of Eden Prairie properties by West Hennepin
Affordable Housing Land Trust (WHAHLT).
WHAHLT has also been approved to receive AHIF funding for these projects by
the Hennepin County Housing and Redevelopment Authority (HCHRA).
The HCHRA needs HRA approval in order to go forward with the funding and
completion of the financing for the projects.
MOTION: Move to adopt the Resolution approving participation of the
Hennepin County Housing and Redevelopment Authority in Eden Prairie
affordable housing projects using the Affordable Housing Incentive Fund
(AHIF) for West Hennepin Affordable Housing Land Trust (WHAHLT).
HRA VI. ADJOURNMENT
MOTION: Move to adjourn the HRA meeting.
COUNCIL MEETING
IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION OF $150 FROM FLYING CLOUD ANIMAL
HOSPITAL FOR STARING LAKE OUTDOOR CENTER’S ANIMAL OPEN
ANNOTATED AGENDA
January 7, 2020
Page 3
HOUSE (Resolution)
Synopsis: The Staring Lake Outdoor Center offers a wide range of classes,
workshops, trips and activities in the areas of outdoor recreation and
environmental education. This donation will go towards their annual Animal
Open House.
MOTION: Move to adopt the Resolution accepting the donation of
$150 from Flying Cloud Animal Hospital for the Staring Lake Outdoor
Center’s Animal Open House.
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, DECEMBER 3, 2019
B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 3, 2019
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-T on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. COSTCO FUEL FACILITY EXPANSION by Barghausen Consulting Engineers,
Inc. Second Reading of an Ordinance for PUD District Amendment with waivers on
18.18 acres; Resolution for Site Plan Review on 18.18 acres (Ordinance for PUD
District Amendment; Resolution for Site Plan)
C. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES
FOR CITY BOARDS AND COMMISSIONS FOR 2020
D. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY
TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
E. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY
TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY
OF EDEN PRAIRIE
ANNOTATED AGENDA
January 7, 2020
Page 4
F. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO
TRANSACT BANKING BUSINESS
G. ADOPT RESOLUTION DESIGNATING DEPOSITORIES
H. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
I. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN
CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL
APPROVAL
J. APPROVE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF
EDEN PRAIRIE AND MATT’S AUTO SERVICE FOR 2020
K. RATIFY RESOLUTION NO. 2019-131 APPROVING THE SUPPORT OF A
JOB CREATION FUND APPLICATION IN CONNECTION WITH DDL
CORPORATION
L. AWARD CONTRACT TO NAC MECHANICAL AND ELECTRICAL
SERVICES FOR CITY CENTER CHILLER REPLACEMENT
M. DECLARE FURNITURE OBSOLETE
N. AUTHORIZE LOGIS TO REPLACE SWITCHES AT EDEN PRAIRIE
COMMUNITY CENTER
O. REJECT BIDS FOR CITY CENTER EAST FLUID COOLER
REPLACEMENT
P. APPROVE PURCHASE OF MOBILE COMPUTERS, DOCKS, AND
MOUNTS FOR POLICE SQUAD CARS THROUGH HP INC.
Q. AUTHORIZE COOPERATIVE SERVICES AGREEMENT WITH UNITED
STATES DEPARTMENT OF AGRICULTURE FOR DEER
MANAGEMENT SERVICES
R. AUTHORIZE CHANGE ORDERS FOR STARING LAKE BUILDING
PROJECT
S. ADOPT RESOLUTION RECEIVING AND DECLARING PUBLIC RIGHT OF
WAY ON WEST 70TH STREET
T. APPROVE POND 05-11-A DREDGING COST PARTICIPATION AND
MAINTENANCE AGREEMENT WITH HENNEPIN COUNTY
ANNOTATED AGENDA
January 7, 2020
Page 5
IX. PUBLIC HEARINGS / MEETINGS
A. TARGET REMODEL by Kimley-Horn and Associates, Inc. Resolution for PUD
Concept Review on 10.6 acres; First Reading of an Ordinance for PUD District
Amendment with waivers on 10.6 acres (Ordinance for PUD District
Amendment; Resolution for PUD Concept)
Synopsis: The applicant is requesting approval to update the three exterior
façades and perform site improvements. The property is located at 8225 Flying
Cloud Drive, attached to Eden Prairie Center, and is 10.6 acres. The proposed
façade updates include painting existing EFIS surfaces dark brown and gray as
well as installing new red EFIS to provide a stronger, branded contrast with
proposed signage, as shown in the image below. New signage is proposed on all
three sides of the building.
Additionally, the applicant is proposing to plant all existing parking lot islands to
bring the site closer into conformance with requirements for landscaped parking
islands. Existing trees will remain, and new shrubs and perennials will be planted.
The applicant is also proposing to extend the existing concrete sidewalk that
connects the storefront to the Mall Ring Road and Flying Cloud Drive further into
the site. A landscape island will be installed to provide a buffer between
pedestrians and the parking area. These site improvements will not result in a loss
of parking stalls.
There is a PUD for the site approved in 2000. This PUD granted waivers for
exterior building materials, signage, and parking lot setbacks. The site also has a
Cross Parking and Maintenance Agreement with Eden Prairie Center.
MOTION: Move to:
Close the Public Hearing; and
Adopt the Resolution for the Planned Unit Development Concept
Review on 10.6 acres; and
Approve the 1st Reading of the Ordinance for the Planned Unit
Development District Review with waivers on 10.6 acres; and
Direct Staff to prepare a Development Agreement incorporating
Staff and Commission recommendations and Council conditions.
X. PAYMENT OF CLAIMS
ANNOTATED AGENDA
January 7, 2020
Page 6
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
A. RESOLUTION OF SUPPORT FOR SOUTHWEST TRANSIT
Synopsis: SouthWest Transit is asking all member cities to adopt a resolution
supporting Met Council funding for their operations.
SouthWest Transit Executive Director Len Simich will be at the meeting to
present and discuss the resolution.
MOTION: Move to adopt the Resolution of Support for SouthWest
Transit funding.
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution)
Synopsis: This designation is required on an annual basis.
The Eden Prairie News has been the official newspaper since 2008 and for 27 years
prior to 2003. The Sun-Current was the official newspaper from 2003 through
2007.
MOTION: Move to adopt the Resolution designating Eden Prairie
News as the official City newspaper for the year 2020.
B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR
CITY COUNCIL IN 2020 AND APPOINT ACTING MAYOR (Resolution)
Synopsis: This resolution requires approval on an annual basis.
MOTION: Move to adopt the Resolution designating the official
meeting dates, time and place for the City of Eden Prairie Council in
2020 and appointing Council Member Aho as Acting Mayor.
C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND
REDEVELOPMENT AUTHORITY (Resolution)
Synopsis: This appointment requires approval on an annual basis.
ANNOTATED AGENDA
January 7, 2020
Page 7
MOTION: Move to adopt the resolution appointing City Council
Members to serve as Commissioners for the Eden Prairie Housing and
Redevelopment Authority; and appointing Ron Case as Chair; Rick
Getschow as Executive Director and Council Member Nelson as
Secretary for calendar year 2020.
D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN
RATE AUTHORITY (Resolution)
Synopsis: This resolution requires approval on an annual basis.
Public Works Director Robert Ellis served as the Director and Council Member
Mark Freiberg served as the alternate to the Suburban Rate Authority in 2019.
MOTION: Move to adopt the Resolution designating Public Works
Director Robert Ellis as the Director and Council Member Freiberg as
the Alternate Director to the Suburban Rate Authority.
E. APPOINTMENT OF MAYOR CASE AS DELEGATE AND COUNCIL
MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES
Synopsis: This appointment is approved on an annual basis.
MOTION: Move to approve the appointment of Mayor Ron Case as
Delegate and Council Members as Alternates to the National League
of Cities.
F. APPOINTMENT OF MAYOR CASE TO MUNICIPAL LEGISLATIVE
COMMISSION
Synopsis: This appointment is approved on an annual basis.
MOTION: Move to approve the appointment of Mayor Case to the
Municipal Legislative Commission.
G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION
Synopsis: This appointment is approved on an annual basis.
Council Member Freiberg served on the Southwest Cable Commission in 2019.
Council Member Nelson served on the Southwest Cable Commission from 2015-
2018.
MOTION: Move to approve the appointment of Council Member
Freiberg to the Southwest Cable Commission.
ANNOTATED AGENDA
January 7, 2020
Page 8
H. APPOINTMENT TO I-494 CORRIDOR COMMISSION
Synopsis: This appointment is approved on an annual basis.
Council Member Aho has served on the I-494 Corridor Commission since 2005.
MOTION: Move to approve the appointment of Council Member Aho
to the I-494 Corridor Commission.
I. APPOINTMENT OF ASSISTANT WEED INSPECTOR
Synopsis: Each year the City of Eden Prairie is requested to appoint an Assistant
Weed Inspector for the City under the requirements of Minnesota Statutes,
Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to
enforce the local and state weed ordinances
Under State Statute, the Mayor is the City Weed Inspector and appointment of an
Assistant Weed Inspector thereby relieves the Mayor or City Council of those
duties as required by Minnesota State Statute. Lauren Stufft is the City’s current
Forestry Technician in the Parks and Recreation Department.
MOTION: Move to appoint Lauren Stufft as Assistant Weed
Inspector for the City of Eden Prairie.
J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE
RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution)
Synopsis: Minnesota Statute states that three municipal trustees are to be appointed
to the fire relief association. They must be:
One elected municipal official and one elected or appointed municipal official
who are designated as municipal representatives by the municipal governing
board annually
The chief of the municipal fire department
Council Member Kathy Nelson and Finance Manager Sue Kotchevar served on the
Fire Relief Association in 2019.
The appointment of the Fire Chief is automatic according to statute.
MOTION: Move to adopt the resolution appointing Council Member
Nelson and Finance Manager Sue Kotchevar to the Eden Prairie Fire
Relief Association.
K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION
ANNOTATED AGENDA
January 7, 2020
Page 9
Synopsis: It is necessary for the City Council to appoint an Appointed
Representative for a two-year term to end on December 31, 2021. Council
Member Aho held this position through 2019.
Council Member Narayanan is also serving as the Eden Prairie Representative
until December 31, 2020.
MOTION: Move to appoint Council Member Aho to the Southwest
Transit Board as the Eden Prairie Appointed Representative for a two-
year term to end December 31, 2021.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
AGENDA
CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, JANUARY 7, 2020 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case,
Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Community Development Director Janet Jeremiah, City Attorney Maggie Neuville, City Planner Julie Klima, Finance Director Sue Kotchevar and
Recorder Jan Curielli
I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 3, 2019
III. ADOPT RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS ON BEHALF OF HRA IV. APPROVE ASSIGNMENT OF TAX INCREMENT NOTE AND HRA CONSENT AND AUTHORIZE EXECUTION BY THE EXECUTIVE DIRECTOR
V. ADOPT RESOLUTION APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY IN CITY AFFORDABLE HOUSING PROJECTS USING AFFORDABLE HOUSING INCENTIVE FUND FOR WEST HENNEPIN HOUSING LAND TRUST
VI. ADJOURNMENT
UNAPPROVED MINUTES
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, DECEMBER 3, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council
Members Brad Aho, Mark Freiberg, PG Narayanan, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Janet Jeremiah, Finance Director Sue Kotchevar, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:02 PM. All HRA members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 3, 2019
MOTION: Aho moved, seconded by Freiberg, to approve the HRA minutes from September 3, 2019. Motion carried 5-0.
III. ADOPT RESOLUTION HRA NO. 2019-05 CERTIFYING THE 2020 PROPERTY
TAX LEVY TO BE $200,000 AND APPROVING THE 2020 BUDGET OF $200,000 Getschow said the amount of the HRA levy has been consistent at $200,000 for a number of years. The HRA levy is a tool to raise money used for staff time spent for
redevelopment issues. He noted there will be a presentation later about the City budget.
Case reported he learned in discussions with mayors of neighboring cities they use their HRA budgets for affordable housing. As part of the discussions of the Affordable Housing Task Force, he thought the task force should look at all the tools available and how much
money is available to us for affordable housing. The task force could also look at possibly
raising the HRA levy as one of the tools. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution HRA No. 2019-05 certifying the 2020 property tax levy to be $200,000 and approving the 2020 budget of
$200,000. Motion carried 5-0.
IV. ADOPT RESOLUTION HRA NO. 2019-06 MODIFYING REDEVELOPMENT PROJECT AREA NO. 5, ESTABLISHING TIF DISTRICT NO. 24, AND ADOPTING TIF PLAN AND AGREEMENT FOR PARAVEL AT CASTLE RIDGE AND ADOPT RESOLUTION HRA NO. 2019-07 APPROVING INTERFUND LOAN AGREEMENT
Getschow said the HRA does use its powers and funding authority for affordable housing. This resolution will establish Tax Increment Financing (TIF) District No. 24 for Paravel at Castle Ridge and will approve an interfund loan agreement.
HRA MINUTES December 3, 2019 Page 2
Aho suggested Mr. Getschow give a short explanation of a TIF district. Getschow replied the general concept of a TIF district is to capture taxes on the redevelopment of a site for a certain number of years. The taxes that would have been collected on the development are put back into the development of that property. At some time in the future the district will
result in a full realized value that would not have occurred but for the TIF financing. Aho
noted we are not just giving someone free money, it is just on the tax-deferred tax rolls. Freiberg asked about the interfund loan agreement. Rosow explained during the course of the development the City can sometimes spend money that will be received later. It is an
advance fund from one pot of City money into another. The Federal government likes to
see a loan agreement for the advance rather than just a transfer. MOTION: Narayanan moved, seconded by Aho, to adopt Resolution HRA No. 2019-06 modifying redevelopment project area No. 5, establishing TIF District No. 24, and adopting
the plan and agreement for Paravel at Castle Ridge, and adopting Resolution HRA No. 2019-07 approving interfund loan agreement. Motion carried 5-0.
V. ADJOURNMENT
MOTION: Nelson moved, seconded by Freiberg, to adjourn the HRA meeting. Motion carried 5-0. Chair Case adjourned the meeting at 7:12 PM.
HOUSING AND REDEVELOPMENT AUTHORITY
AGENDA
DATE
January 7, 2020
DEPARTMENT / DIVISION
City Manager, Rick Getschow
ITEM DESCRIPTION
Authorize Executive Director to Execute Documents
ITEM NO.
III.
Requested Action Move to: Authorize the Executive Director to execute documents on behalf of the Eden Prairie Housing Redevelopment Authority. Synopsis The Resolution authorizes the Executive Director to sign approved documents on behalf of the HRA. Attachment Resolution
HOUSING AND REDEVLEOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2020-___
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
DOCUMENTS ON BEHALF OF THE EDEN PRAIRIE HOUSING REDEVELOPMENT AUTHORITY WHEREAS, the HRA desires to amend the bylaws adopted in Resolution No. 92-1 to
grant the Executive Director authority to sign documents on behalf of the HRA. NOW THEREFORE BE IT RESOLVED that Resolution No. 92-1 is amended, by adding a Section 4 as follows:
Section 4: The Executive Director is authorized to sign on behalf of the HRA all contracts, agreements, bonds, and instruments of every kind to which the HRA City is a party which have been approved by the HRA. ADOPTED, by the Housing and Redevelopment Authority of the City of Eden Prairie, on this
7th day of January 2020.
______________________
Ronald A. Case, Chair ATTEST:
____________________________ Rick Getschow, Executive Director
HOUSING AND REDEVELOPMENT AUTHORITY
AGENDA
DATE
January 7, 2020
DEPARTMENT / DIVISION
Community Development, Janet Jeremiah
ITEM DESCRIPTION
Approve Assignment of Tax Increment Note and HRA Consent
ITEM NO.
IV.
Requested Action
Move to: Approve Assignment of Tax Increment Note and HRA Consent and authorize execution by the Executive Director
Synopsis
Windsor Plaza, LLC entered into a Tax Increment Development Agreement with the HRA on September 4, 2007. Pursuant to the Agreement tax increments are being provided by the HRA through a Tax Increment Note issued by the HRA to Windsor Plaza. Windsor Plaza, LLC is refinancing its mortgage.
The Lender requires an assignment by Windsor Plaza, LLC of the Tax Increment Note and the consent to such assignment by the HRA. The City Attorney recommends approval of the Assignment of Tax Increment Note and execution of the Consent Attachments Assignment of Tax Increment Note Consent by HRA
059458\153\5413690.v2
ASSIGNMENT OF TAX INCREMENT NOTE THIS ASSIGNMENT OF TAX INCREMENT NOTE (the “Assignment”) is made as of this 20th day of December, 2019, by and between WINDSOR PLAZA, LLC, a Minnesota limited
liability company (the “Assignor”), whose address is c/o Olympus Ventures, LLC, 6600 France
Avenue South, Suite 550, Minneapolis, Minnesota 55435 and TCF NATIONAL BANK, a national banking association (the “Lender”), whose address is 11100 Wayzata Boulevard, Suite 600, Minnetonka, Minnesota 55305.
RECITALS:
A. Pursuant to a certain Term Loan Agreement dated of even date herewith by and between Assignor and Lender (“Loan Agreement”), the Lender has agreed to make a loan available to Assignor in the maximum principal amount of up to $19,000,000.00 (the “Loan”) to refinance existing indebtedness secured by certain real property located in Hennepin County, Minnesota and
legally described in Exhibit A attached to the Loan Agreement (together with the improvements
now or hereafter erected thereon, the “Property”). The Loan is evidenced by that certain Amended and Restated Promissory Note dated of even date herewith, executed and delivered by the Assignor and payable to the order of the Lender in the original principal face amount of $19,000,000.00 (the “Note”).
B. Pursuant to that certain Development Agreement dated as of September 4, 2007,
recorded September 9, 2007 in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 4423820, as amended by that First Amended Development Agreement dated as of September 2, 2008, recorded December 2, 2008 in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 4548462 (as amended, the “Development
Agreement”), by and between the Housing and Redevelopment Authority in and for the City of
Eden Prairie, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”) and Assignor received from the Authority, among other things, a Tax Increment Note in an original principal face amount of $4,500,000 and payable to the order of the Assignor (the “TIF Note”).
C. In consideration of, and to secure the payment of, the Loan, the Lender has required an assignment of the TIF Note and Assignor’s rights under the Development Agreement.
This Assignment is subject to all of the following terms, conditions, and provisions:
TERMS, CONDITIONS, AND PROVISIONS 1. PRESENT PLEDGE AND ASSIGNMENT. Pursuant to the provisions of the Uniform Commercial Code in effect within the State of Minnesota (the “UCC”), as security for the Loan, the Assignor grants to the Lender a security interest in all of the following property:
(i) all right, title and interest of the Assignor in the TIF Note; and (ii) all replacements,
substitutions and proceeds (the “Proceeds”) relating to the items set forth in clause (i) (hereinafter referred to as the “Collateral”), and all documents, ledger sheets, and files of the
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Assignor relating to the Collateral. The term “Proceeds” includes whatever is received by the
Assignor upon the sale, exchange, or other disposition of any item of Collateral. This
Assignment shall constitute a perfected, absolute and present pledge and assignment in connection with which the Assignor shall have delivered to the Lender the Collateral documents endorsed and assigned to the Lender. The Assignor shall execute and deliver to the Lender an Allonge Endorsement in the form attached hereto as Exhibit A (or such other form that is
reasonably requested by the Lender). The payments under the TIF Note shall be paid directly
to the Lender until such time as the Note has been paid in full and the Lender’s commitment to make advances to the Assignor has terminated, at which time the Lender shall promptly provide notice to the Authority (with a copy to Assignor) that such payments are to be made to the Assignor. Prior to the full payment of the Note and the termination of the Lender’s commitment
to make advances to the Assignor, if the Assignor receives any payments or prepayments on
the TIF Note, the Assignor shall immediately remit such payments and/or prepayments to the Lender. 2. REPRESENTATIONS AND WARRANTIES OF ASSIGNOR. The Assignor
represents and warrants that:
(a) The Assignor is the true and lawful, absolute owner of the Collateral and, except for the liens and security interests created by this Assignment, the Collateral is free and clear of any lien, security interest, or encumbrance;
(b) Subject only to receipt of consent from the Authority, the Assignor has the full right and title to assign and pledge the Collateral; there are no outstanding claims, assignments or
pledges thereof; and there are no existing defaults under the Collateral documents on the part of makers thereof;
(c) To Assignor’s actual knowledge, the Assignor has performed all of its obligations under the Development Agreement which are required to be performed as of the date hereof;
(d) To Assignor’s actual knowledge, there are no defenses, setoffs or counterclaims against or with regard to the TIF Note or the Development Agreement or the indebtedness
evidenced thereby;
(e) The TIF Note has not been amended or modified in any respect and to Assignor’s actual knowledge is a valid and enforceable obligation of the Authority in accordance with its terms.
(f) The Development Agreement has not been amended or modified in any respect;
(g) The Development Agreement remains in full force and effect; and
(h) Except for the financing statement filed in connection with the pledge and security
interest granted pursuant to this Assignment, no financing statement covering the Collateral is on file in any public office.
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3. COVENANTS OF ASSIGNOR. The Assignor covenants and agrees that so long
as any of the indebtedness evidenced by the Note shall be outstanding and unsatisfied and until the
Lender’s commitment to make advances to the Assignor has terminated:
(a) The Assignor shall keep the Collateral: (i) free and clear of any lien, security interest or encumbrance, except for the liens and security interests created by this Assignment; and (ii) free from all tax liens;
(b) The Assignor shall maintain and keep accurate records, books and accounts with
respect to the Collateral and any money, accounts receivable, and other proceeds of any sale or
other disposition, and give to the Lender upon request, a full and complete accounting with respect to the Collateral and the money, accounts receivable, proceeds and business;
(c) The Assignor shall permit the Lender, through any representatives it may designate, at all reasonable times upon reasonable advance notice, to enter any premises in which
either the Collateral or any of the records, books and accounts may be situated, or any premises
where the Lender has reasonable cause to believe the items may be situated, for the purpose of examining and inspecting the Collateral;
(d) The Assignor shall join with the Lender in preparing and filing at the appropriate offices one or more financing statements with regard to the Collateral complying with the UCC, in form satisfactory to the Lender;
(e) The Assignor shall maintain, or cause to be maintained, insurance policies on the
Property in accordance with the requirements set forth in the Loan Agreement and set forth in the Development Agreement;
(f) The Assignor shall do any additional acts as the Lender may reasonably require for the purpose of more completely assuring to the Lender its rights to the Collateral;
(g) At any time the Assignor receives a written notice of default under the Development Agreement, Assignor shall promptly provide a copy of such notice of default to the Lender; and
(h) The Assignor shall fully comply with its obligations under the Development Agreement and shall not waive, excuse, condone or in any matter release or discharge the Authority of its obligations under the Development Agreement or under the TIF Note.
4. SECURITY AGREEMENT. This Assignment constitutes a “Security Agreement” under the UCC and shall be governed by the UCC.
5. PREPAYMENTS OF THE TIF NOTE. To the extent not directly paid to the
Lender, the Assignor agrees that should the Authority at any time prepay the TIF Note, the
Assignor will deposit or cause to be deposited with the Lender the entire amount of such prepayment. Any amount deposited with the Lender shall, at Lender’s option, be applied by the Lender to pay or prepay the Note in accordance with the terms of the Loan Agreement or held by the Lender in an escrow account for payment of the Note. The sums held in escrow pursuant hereto are held as security for the Note, the Assignor hereby granting a security interest
in such sums to the Lender as security for the same.
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6. AUTHORIZATION TO THE AUTHORITY. The Authority is hereby
irrevocably authorized and directed to make payments under the TIF Note directly to the Lender
(for the account of Assignor) and to recognize the claims of the Lender or its assigns without investigating the reason for any action taken or the validity of or the amount of indebtedness owing to the Lender or its successors or assigns or the existence of any Event of Default, and the Assignor hereby irrevocably directs and authorizes the Authority to pay exclusively to the
Lender or its assigns from and after the date hereof until such time as the Loan is indefeasibly
paid in full and the Lender’s commitment to make advances to Assignor has been terminated, all sums due under the TIF Note that are otherwise due and payable to Assignor under the TIF Note. To the extent such sums are paid to the Lender or its assigns, the Assignor agrees that the Authority shall have no further liability to the Assignor for the same. The sole receipt by
the Lender or its assigns of any sum paid by the Authority shall be in discharge and release of
that portion of any amount owed by the Authority to Assignor under the TIF Note. The Authority is intended to and shall be a third party beneficiary to the foregoing provisions of this Section 6. The Authority has acknowledged the Lender’s rights under this Assignment pursuant to a Consent, dated on or about the date hereof, in the form attached hereto as Exhibit B.
7. EVENTS OF DEFAULT. The occurrence of any of the following events shall
constitute an event of default under this Assignment (individually, and, collectively, an “Event of Default”):
(a) Any failure by the Assignor to fully and completely perform any of the duties or obligations of Assignor under this Assignment or any failure by the Assignor to fully and completely observe, satisfy and comply with all terms, covenants and conditions of this
Assignment and such failure is not cured within thirty (30) days after written notice thereof;
(b) Any representation or warranty of the Assignor contained in this Assignment shall be untrue or misleading in any material respect and the Assignor fails to take such actions as may be required to make such representation or warranty true and not misleading in any material respect within thirty (30) days after written notice thereof; and
(c) Any event designated as an “Event of Default” under the Note, under the Loan
Agreement or under any other document given to evidence and/or secure the Note.
8. REMEDIES. Upon the occurrence and during the continuance of an Event of
Default:
(a) The Lender may: (i) at its option, cure the Event of Default if it involves the payment of money (A) for insurance or taxes, assessments or other charges which Assignor has
not paid in accordance with the Loan Agreement; or (B) for the satisfaction or discharge of any lien, security interest or encumbrance upon the Collateral, in which event the amount of any payments shall be added to the indebtedness secured by this Assignment, shall be secured, and shall be payable by the Assignor to the Lender on demand; (ii) at its option, declare the indebtedness secured by this Assignment and evidenced by the Note to be immediately due and
payable; (iii) take possession of the Collateral in accordance with applicable law; and/or (iv) exercise any and all other rights and remedies accorded to it by the UCC. In the event that any notice is required to be given under the UCC, such requirements for reasonable notice shall be
5
satisfied by giving at least ten (10) days’ notice prior to the event or thing giving rise to the notice
requirement.
(b) The Assignor shall: (i) upon demand by the Lender, assemble the Collateral and
make it available to the Lender, to which the Lender shall have exclusive and unlimited access during the period it is exercising its rights and remedies under this Section 8; and (ii) pay to the Lender on demand the expenses of the Lender in retaking the Collateral, holding it, and, where it is to be disposed of, preparing it for sale and selling it, including the Lender’s reasonable attorneys’
fees and legal expenses incurred in connection with any retaking or sale; and (iii) upon demand by
the Lender (A) assign or endorse to the Lender all Proceeds and accounts receivable resulting from the sale of any of the Collateral; and (B) deliver to the Lender all Proceeds received from the sale of any of the Collateral.
(c) Except as evidenced in a written notice signed by the Lender, no course of dealing between the parties or any delay on the part of the Lender in exercising any rights shall operate as
a waiver of any rights or remedies of the Lender.
(d) No remedy conferred upon the Lender is intended to be exclusive of any other
remedy.
9. MISCELLANEOUS PROVISIONS.
(a) Notices. All notices, demands, requests, consents, approvals and other
communications required or permitted hereunder (“Notices”) must be given in accordance with the terms of the Loan Agreement.
(b) Successors and Assigns. All rights of the Lender shall inure to the benefit of its successors and assigns, and all representations, warranties, covenants and obligations of Assignor shall bind its successors and assigns.
(c) Defined Terms. The definitions of the terms used in this Assignment and not otherwise defined herein shall be those found in the UCC.
(d) Severability. It is the intent of this Assignment to confer to the Lender the rights and benefits hereunder to the full extent allowable by law. The unenforceability or invalidity of any provisions hereof shall not render any other provision or provisions herein contained unenforceable or invalid. Any provisions found to be unenforceable shall be severable from this
Assignment.
(e) Governing Law. This Assignment shall be governed by and construed in
accordance with the laws of the state in which the Property is located.
(f) WAIVER OF TRIAL BY JURY. ASSIGNOR AND LENDER HEREBY
VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) BETWEEN ASSIGNOR AND LENDER ARISING OUT OF OR IN ANY WAY RELATED TO THIS ASSIGNMENT,
ANY OTHER LOAN DOCUMENT, OR ANY RELATIONSHIP BETWEEN ASSIGNOR AND
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LENDER. THIS PROVISION IS A MATERIAL INDUCEMENT TO LENDER TO PROVIDE
THE LOAN DESCRIBED HEREIN AND IN THE OTHER LOAN DOCUMENTS.
(g) JURISDICTION AND VENUE. ASSIGNOR HEREBY AGREES THAT ALL
ACTIONS OR PROCEEDINGS INITIATED BY ASSIGNOR AND ARISING DIRECTLY OR INDIRECTLY OUT OF THIS ASSIGNMENT SHALL BE LITIGATED IN THE DISTRICT COURT OF HENNEPIN COUNTY, MINNESOTA, OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, FOURTH DIVISION OR, IF LENDER INITIATES SUCH ACTION, ANY COURT IN WHICH LENDER SHALL INITIATE SUCH
ACTION AND WHICH HAS JURISDICTION. ASSIGNOR HEREBY EXPRESSLY SUBMITS AND CONSENTS IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING COMMENCED BY LENDER IN ANY OF SUCH COURTS. ASSIGNOR WAIVES ANY CLAIM THAT THE DISTRICT COURT OF HENNEPIN COUNTY, MINNESOTA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MINNESOTA, FOURTH DIVISION IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. SHOULD ASSIGNOR, AFTER BEING SO SERVED, FAIL TO APPEAR OR ANSWER TO ANY SUMMONS, COMPLAINT, PROCESS OR PAPERS SO SERVED WITHIN THE NUMBER OF DAYS PRESCRIBED BY LAW AFTER THE SERVICE THEREOF, ASSIGNOR SHALL BE DEEMED IN DEFAULT AND
AN ORDER AND/OR JUDGMENT MAY BE ENTERED BY LENDER AGAINST ASSIGNOR AS DEMANDED OR PRAYED FOR IN SUCH SUMMONS, COMPLAINT, PROCESS OR PAPERS. THE EXCLUSIVE CHOICE OF FORUM FOR ASSIGNOR SET FORTH IN THIS SECTION SHALL NOT BE DEEMED TO PRECLUDE THE ENFORCEMENT BY LENDER OF ANY JUDGMENT OBTAINED IN ANY OTHER FORUM OR THE TAKING BY LENDER
OF ANY ACTION TO ENFORCE THE SAME IN ANY OTHER APPROPRIATE JURISDICTION, AND ASSIGNOR HEREBY WAIVES THE RIGHT, IF ANY, TO COLLATERALLY ATTACK ANY SUCH JUDGMENT OR ACTION.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, this Assignment of Tax Increment Note is executed as of the
date first above written.
ASSIGNOR:
WINDSOR PLAZA, LLC,
a Minnesota limited liability company By: Kevin S. Bergman President
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of December, 2019,
by Kevin S. Bergman, the President of Windsor Plaza, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
LENDER: TCF NATIONAL BANK, a national banking association
By: Michael E. Lowe Its Vice President
EXHIBIT A
ALLONGE ENDORSEMENT TO UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA TAX INCREMENT NOTE OF 2007 THE TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT
WITHIN REDEVELOPMENT PROJECT AREA NO. 5 FOR VALUE RECEIVED, Windsor Plaza, LLC, a Minnesota limited liability company, endorses, assigns and transfers with recourse to TCF National Bank, a national banking
association, all right, title and interest in and to the following described Limited Revenue Tax
Increment Note: Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Tax Increment Note of 2007 (The Town Center Phase One Increment Financing District Within
Redevelopment Project Area No. 5) in the original principal amount of $4,500,000
executed by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota, as maker, to Windsor Plaza, I LLC, a Minnesota limited liability company, as holder.
Dated this ___ day of _______________, 20___. THIS ALLONGE IS TO BE AFFIXED TO THE NOTE DESCRIBED ABOVE
WINDSOR PLAZA, LLC, a Minnesota limited liability company
By:
Kevin S. Bergman President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of December, 2019, by Kevin S. Bergman, the President of Windsor Plaza, LLC, a Minnesota limited liability
company, on behalf of the company.
Notary Public
EXHIBIT B
CONSENT [attached hereto]
059458\153\5413744.v2
CONSENT
THIS CONSENT (this “Consent”), is dated as of December 20, 2019, and is from the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”), to TCF NATIONAL BANK, a national
banking association (together with its successors and assigns, “Lender”). The Authority hereby
agrees with the Lender as follows: 1. Unless the context otherwise indicates, capitalized terms used but not otherwise defined herein shall have the meanings given such terms in that certain Development Agreement
dated as of September 4, 2007, recorded September 9, 2007 in the office of the Registrar of
Titles, Hennepin County, Minnesota as Document No. 4423820, as amended by that First Amended Development Agreement dated as of September 2, 2008, recorded December 2, 2008 in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 4548462 (as amended, the “Development Agreement”), by and between the Authority and Windsor
Plaza, LLC, a Minnesota limited liability company (the “Borrower”).
2. The Authority understands that the Lender contemplates making a term loan available to Borrower in the maximum principal amount of up to $19,000,000.00 (the “Loan”), pursuant to the terms of that certain Term Loan Agreement dated of even date herewith by and
between Borrower and Lender (the “Loan Agreement”), which Loan is secured by, among other
things, an Amended and Restated Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents dated of even date herewith, executed by Borrower in favor of the Lender, encumbering, inter alia, the Development Property and the Project (the “Mortgage”). Pursuant to the Mortgage and that certain Assignment of Tax Increment Note dated of even date herewith
executed by Borrower in favor of Lender (the “Assignment of TIF Note”), the Borrower has also
granted to the Lender a collateral assignment of and a security interest in, all right, title and interest of Borrower in and to the Tax Increment Note. 3. The Authority understands that the Lender has required this Consent as a
condition of making and disbursing the Loan and that the Lender will rely on this Consent in
connection therewith. 4. The Authority acknowledges and agrees with the Lender as follows:
a. That it will deposit all payments due with respect to the Tax Increment Note, and
any optional prepayments, either in whole or in part, with the Lender at its office
located at 11100 Wayzata Boulevard, Suite 600, Minnetonka, MN 55305, and upon such deposit its obligations under the Tax Increment Note shall be deemed discharged to the extent paid to the Lender;
b. That it hereby consents to the collateral assignment of the Tax Increment Note to
Lender as security for the Loan.
c. In the event that Lender exercises its remedies under the Assignment of TIF Note and becomes the holder of the Tax Increment Note, upon written request of
2
Lender, the Authority will evidence the transfer of the Tax Increment Note to
Lender or its nominee on the registration records for the Tax Increment Note
maintained by the Authority. d. That it has received and consented to the Assignment of TIF Note.
5. The Development Agreement has not been amended or modified in any respect
and represents the entire agreement of the parties thereto as to all of the subject matters dealt with therein. The Development Agreement is in full force and effect, and the Authority has given no notice of any default thereunder.
6. The Authority agrees to provide the Lender with notice of any proposed
modifications or amendments to be made to the Development Agreement and the right to consent to such modifications or amendments.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the undersigned officers of the Authority have executed this
Consent as of the date and year first written above.
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA
By: ___________________________________ Ronald A. Case Its Chairperson
By: ___________________________________ Rick Getschow Its Executive Director
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of December,
2019, by Ronald A. Case, the Chairperson of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public body, corporate and politic organized and existing under the laws of the State of Minnesota, on behalf of the public body.
Notary Public STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of December, 2019, by Rick Getschow, the Executive Director of the Housing and Redevelopment Authority
in and for the City of Eden Prairie, Minnesota, a public body, corporate and politic organized and
existing under the laws of the State of Minnesota, on behalf of the public body.
Notary Public
HOUSING AND REDEVELOPMENT AUTHORITY
AGENDA
DATE: January 7, 2020
DEPARTMENT/DIVISION: Jonathan Stanley
Housing and Community
Services
ITEM DESCRIPTION: Resolution approving the participation of the
Hennepin County Housing and Redevelopment
Authority in Eden Prairie affordable housing projects.
HRA ITEM NO.:
V.
Requested Action
Move to: Adopt resolution approving participation of the Hennepin County Housing and Redevelopment Authority in Eden Prairie affordable housing projects using the Affordable Housing Incentive Fund (AHIF) for West Hennepin Affordable Housing Land Trust (WHAHLT).
Background
The City has agreed to use Community Development Block Grant funds to assist with the purchase of Eden Prairie properties by West Hennepin Affordable Housing Land Trust
(WHAHLT).
WHAHLT has also been approved to receive AHIF funding for these projects by the Hennepin County Housing and Redevelopment Authority (HCHRA).
The HCHRA needs HRA approval in order to go forward with the funding and completion of the
financing for the projects.
Attachment Resolution
HOUSING AND REDEVLEOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2020-__ RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY
HOUSING AND REDEVELOPMENT AUTHORITY IN AN AFFORDABLE HOUSING PROJECT WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) has
approved the use of Affordable Housing Incentive Fund (AHIF) funding for West Hennepin
Affordable Housing Land Trust (“WHAHLT”); and WHEREAS, The purchase of homes to be acquired for the WHAHLT Homes Within Reach program (the “Project”), of which one or more properties may be located within the city of Eden
Prairie and the rest within suburban Hennepin County, will preserve the supply of affordable
housing in the city by providing long-term affordability. BE IT RESOLVED that the participation of the HCHRA in the Project for the limited purpose of providing financial support to the Project is hereby approved.
BE IT FURTHER RESOLVED that nothing in this resolution shall create a pecuniary obligation of the City to assist the Project, nor shall the City be in any way responsible for any financing obligation or agreement of the HCHRA with respect to its provision of financial assistance to the Project.
BE IT FURTHER RESOLVED that the request made hereunder extends only to the powers of the HCHRA with respect to the financial assistance the County HRA proposes to provide to the Project, and the City shall retain all other powers and jurisdiction over matters relating to the City and the Project.
BE IT FURTHER RESOLVED that nothing in this resolution is intended to endorse the merits of the Projects to be undertaken. ADOPTED, by the Housing and Redevelopment Authority of the City of Eden Prairie, on this 7th
day of January 2020.
______________________ Ronald A. Case, Chair
ATTEST: ____________________________
Rick Getschow, Executive Director
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
January 7, 2020
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Flying Cloud Animal Hospital for Staring Lake Outdoor Center’s Animal Open House
ITEM NO.:
IV.A.
Requested Action
Move to: Adopt Resolution accepting the donation of $150 from Flying Cloud Animal Hospital for the Staring Lake Outdoor Center’s Animal Open House. Synopsis
The Staring Lake Outdoor Center offers a wide range of classes, workshops, trips and activities in the areas of outdoor recreation and environmental education. This donation will go towards their annual Animal Open House.
Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $150 to be used for Staring Lake Outdoor Center’s Animal
Open House from Flying Cloud Animal Hospital hereby recognized and accepted by the Eden
Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 7th day of January, 2020.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Kathleen Porta, City Clerk
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, DECEMBER 3, 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. POTENTIAL ORDINANCE REVISIONS by Lieutenant Sackett (5:30 – 6:00)
Mayor Case called the meeting to order. City Manager Getschow noted these are remaining topics yet to be covered this year. Lieutenant Sackett stated the purpose of the ordinance revisions are to provide clarity with language, to update ordinances to match State statute, and to provide consistency with neighboring communities.
Sackett stated an update to the firearm discharge ordinance would clarify the discharge area with a required permit south of Flying Cloud Drive and make it consistent with the available land. The City partners with United States Fish and Wildlife Services (USFWS) on firearms regulation within this area. Nelson inquired why the City has a firearm discharge area.
Lieutenant Sackett stated most, but not all, of the land in the southern portion of the City is
over 40 contiguous acres. Case inquired if the City is legally required to allow a firearm discharge area. Weber stated a majority of the property is Peterson’s farm in the flood plain. USFWS has some regulatory authority. Case asked staff to look into the legality of eliminating a firearm discharge area. Nelson stated a hunt club could be zoned. Sackett noted
the ordinance states provisions for distances. Aho noted firearms are limited to shotguns.
Sackett stated massage licensing ordinances would be updated to be more consistent with other licensure. Specifically denials, revocations, and suspensions would go in front of the Police Chief. This would be consistent with peddlers, tobacco, kennels, and shooting. Any
level two appeals would go before the City Manager. Getschow added in the past several
years half a dozen denials have gone before Council as a consent item. City Attorney Rosow noted incomplete applications do not go before the Council. Sackett stated in regards to the trash container storage and screening ordinance, the purpose
was to encourage home owners to keep containers close to their home or garage. Some
properties are not able to comply with the 20 foot setback. The Hennepin County organics requirement in 2022 will mean more containers. Nelson inquired if the code references sight from the street or from another home. Sackett stated the issue is with the definition of side
City Council Workshop Minutes December 3, 2019
Page 2 yard and front yard. It references the front most part of the house, but various house shapes can still have an area in front of their garage not technically considered the front yard.
Getschow noted the code only references the front yard setback. Nelson added containers in
the front yard may be less of an issue if there is a screening. Sackett responded if language is updated to require screening, screening would need to be clearly defined. The timing of when containers are out on the street is also being considered as Edina revised their code to 12 hours before and after pick up.
Sackett stated liquor licensing needs updates to special events in order to be consistent with State statute. There are now breweries, distilleries, and self-service locations, so updates may need to be made to dispensing of liquor. In regards to kennel licensing, the ordinance specifies a private kennel license is required if a resident has more than two dogs or two cats.
Staff are researching neighboring cities practices in order to be consistent. Nelson inquired if
the ordinance states two dogs and two cats or only two of one. Case inquired if the City is comparable in their definition of a kennel. Rosow stated he would need to reference the code to determine if it is a total of two dogs and two cats or two of either. Narayanan inquired if the code should list a total number of animals allowed. Case stated dogs and cats should be
listed separately. There are exceptions for fostering and rescues. Narayanan asked about
exotic animals. Weber stated the code specifies terms for exotic animals. Narayanan inquired if number of cars in a driveway will be addressed in code revisions. Weber replied the City needs to determine how to define an operable vehicle. According to
code, current registration on a vehicle deems it operable.
Sackett stated certain zoning districts are missing in the noise ordinance. When new districts were created, some ordinances were not updated. Narayanan inquired if the firearm discharge area is conflicting with the noise ordinance. Sackett replied the ordinance specifies duration
of noise. Aho noted firearm discharge is restricted to a certain distance from any structure.
II. POLICE SECURITY AT COMMUNITY EVENTS by Police Chief Weber (6:00 – 6:30) Chief Weber stated staff conducted research on other cities procedures for special events.
The City currently has some flexibility in its procedures to determine if they deem an event a
public safety concern. Non-profit events or fundraisers have benefited from the flexibility as they pay for security services at larger events. The City has many large public events such as the fourth of July, the Lions event Schooner Days, the Air Expo, Eden Prairie High School football games, Arts in the Park, City Open House, PeopleFest!, Prairie Brewfest, special
events at Grace Church, and the occasional visit from a well-known person. The City
receives reimbursement from the school district for football games. This is viewed as relationship building with the police department, and the school resource officers often work during these games. Currently there is flexibility to determine the number of officers needed per event, but this may cause concern about officers staffing some events and not others.
Case noted the procedures could be determined by the number of people gathered. Weber stated it is difficult to promise an officer at an event if they get called away for any reason. Often times an officer will make note during their shift to stop at an event. Case noted events serving alcohol would hire security and private companies and groups hosting large events
would also hire. The City should be proactive with events. Weber noted the police
City Council Workshop Minutes December 3, 2019
Page 3 department relies heavily on their crime analyst for information about large crowds and their potential behaviors. Concerns may arise at a smaller events as well.
Case stated City events or large events should have a police presence. He would prefer a policy allowing the City to make the final determination on where security may be needed. Aho inquired how often the City is unaware of large events taking place. Weber responded there are exemptions to notifying the City of a public assembly. There is concern with a
concrete policy in writing since it would be public information.
Nelson inquired about large events at churches. Weber replied churches have requested officers, whether for events or Sunday services. In many instances the police department’s analyst has provided data and information on perceived risk to allow for better decision
making. Case inquired if the City has met with the churches in the City about their strategies,
events, safety, and concerns. Weber responded it has been some time since they last met. Weber stated potential additional security measures could include increased staffing, plain clothes officers, additional barriers, special weapons and tactics (SWAT) response teams,
greater availability of long guns, drone flyovers, and additional training for officers. Freiberg
inquired if the City has many drones. Weber replied staff are working on the purchase. Narayanan inquired if the City owns robots. Weber replied yes. Nelson inquired what the City’s policy is for security of an elected official. Weber responded
a campaign would need to hire security, but the department would assist if a government
body requested security. Weber stated the public assembly ordinance is for groups larger than 50 people with exemptions. Edina requires an officer if a temporary liquor license is issued. Plymouth has
flexibility in determining how many officers are necessary at a special event. Bloomington
has no requirements for an officer at special events, but they are available for hire for a three hour minimum. Blaine requires one officer per 1,000 people and two if alcohol is served. Three Rivers Park District requires security at four facilities for rentals after 8 p.m. Moving forward, the fire department may be involved in staffing at events to allow officers to focus
on security.
Open Podium - Council Chamber (6:30) III. OPEN PODIUM
A. JOHN MALLO – RECYCLING John Mallo, 1400 Forest Hill Road, stated he contracts with Republic Services for residential recycling for 12.90 dollars per month. Residents of neighboring cities
pay half the price. State Representative Pryor and County Commissioner Callison
provided him with an average price of 3.50 dollars for single family recycling in Hennepin County. There are currently only two cities in the County that do not contract for residential recycling services, Eden Prairie and Richfield. Eden Prairie should contract for recycling.
City Council Workshop Minutes December 3, 2019
Page 4 Mayor Case requested the Conservation Commission review this subject and provide report to the Council. When the organics requirement begins, a single
organics hauler may be worth considering. Ellis stated four haulers currently do
residential services, two of which do organics pick up. The City would likely consider an organized hauler for recycling and organics when the County requires organics. Getschow noted the City has a solid waste management plan. IV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 3, 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 $500 FROM HOME INSTEAD SENIOR CARE AND PRAIRIE BLUFFS SENIOR LIVING FOR LIVE WELL SEMINAR (Resolution No. 2019-125) Lotthammer said Home Instead Senior Care and Prairie Bluffs Senior Living have
donated $500 for a Live Well seminar. MOTION: Aho moved, seconded by Narayanan, to adopt Resolution No. 2019-125 accepting the donation of $500 to be used for the Live Well Seminar from Home
Instead Senior Care ($250) and Prairie Bluffs Senior Living ($250). Motion carried
5-0. B. ACCEPT DONATION OF $1,500 FOR SENIOR CENTER PROGRAMS FROM EDEN PRAIRIE PROFESSIONALS IN AGING (Resolution No. 2019-126) Lotthammer reported a donation of $1,500 has been received from Eden Prairie
Professionals in Aging for the Senior Resource Fair in May.
MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2019-126 accepting the donation of $1,500 to be used towards the Senior Birthday Party event
CITY COUNCIL MINUTES December 3, 2019
Page 2 and Senior Awareness Month programs from Eden Prairie Professionals in Aging (EPPIA). Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. Rosow added Item XIV.A.9. MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as amended. Motion
carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 12, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 12, 2019 MOTION: Narayanan moved, seconded by Aho, to approve the minutes of the Council
Workshop held Tuesday, November 12, 2019, and the City Council meeting held
Tuesday, November 12, 2019, as published. Motion carried 4-0-1, with Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. PARAVEL APARTMENTS by Timberland Partners. Second Reading of an Ordinance for PUD District Amendment with waivers on 4.962 acres; Resolution for Site Plan Review on 4.962 acres (Ordinance No. 21-2019-PUD-13-2019 for PUD District Amendment; Resolution No. 2019-127 for Site Plan) C. NINE MILE CREEK WATERSHED DISTRICT ADDITION by Nine Mile Creek
Watershed District. Second Reading of an Ordinance for PUD District Amendment
with waivers on 5.31 acres; Resolution for Site Plan Review on 5.31 acres (Ordinance No. 22-2019-PUD-14-2019 for PUD District Amendment; Resolution No. 2019-128 for Site Plan) D. ADOPT RESOLUTION NO. 2019-129 MODIFYING REDEVELOPMENT PROJECT AREA NO. 5, ESTABLISHING TIF DISTRICT NO. 24, AND ADOPTING TIF PLAN AND AGREEMENT FOR PARAVEL AT CASTLE RIDGE
E. ADOPT RESOLUTION NO. 2019-130 DESIGNATING POLLING PLACES
FOR 2020
CITY COUNCIL MINUTES December 3, 2019
Page 3 F. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2020 AND 2021 G. ADOPT RESOLUTION NO. 2019-131 IN SUPPORT OF APPLICATION TO DEED TO ASSIST DDL CORPORATION WITH BUSINESS EXPANSION H. APPROVE PURCHASE OF TASERS AND ACCESSORIES FROM AXON I. APPROVE AGREEMENT WITH WASTE MANAGEMENT FOR WASTE SERVICES
J. AWARD CONTRACTS FOR 2020 WATER TREATMENT CHEMICALS K. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP FOR RAILROAD QUIET ZONE ROAD DESIGN
L. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH LOTS 1 AND 2, BLOCK 1, SPRING HEIGHTS FOR EDEN PRAIRIE ROAD EXTENSION
M. AWARD CONTRACT FOR POND 05-11-A DREDGING PROJECT TO BLACKSTONE CONTRACTORS, LLC.
N. ADOPT RESOLUTION NO. 2019-132 ACCEPTING VARIOUS 2019
DONATIONS AND IN-KIND CONTRIBUTIONS O. APPROVE AGREEMENT WITH VTI SECURITY AND XTREME INTEGRATION FOR CARD ACCESS EQUIPMENT MOTION: Freiberg moved, seconded by Narayanan, to approve Items A-O on the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS A. 11000 VIKING DRIVE PARKING RAMP by United Properties Development. Resolution for PUD Concept Review on 16.2 acres; First Reading of an Ordinance for PUD District Amendment with waivers on 16.2 acres (Ordinance for PUD District
Amendment; Resolution No. 2019-133 for PUD Concept) Getschow said the purpose of this project is to increase the parking ratio on the site to better comply with current Office District standards and potential new tenant needs. The construction of the ramp would bring the proportions of the parking
closer to industry standards.
Carrie Edelston, Development Manager with United Properties, introduced Marc Williamson Edward Farr Architects, who gave a PowerPoint describing the project.
CITY COUNCIL MINUTES December 3, 2019
Page 4 Mr. Williamson reviewed the project and said they are requesting variance/PUD waivers for the allowable height, for exterior variations to match the existing
building; and for parking stall and aisle dimensions greater than those recommended
by the Urban Land Institute but smaller than the City’s dimensions. Aho asked when construction would start and when it would be completed. Mr. Williamson replied they would start as early as this spring and finish by the end of
summer.
Case asked if there will be any increase in the impervious surfaces and how the runoff is currently captured. Mr. Williamson replied there is a storm sewer system with underground storage tanks to capture runoff and to filter the water. He
explained the project will increase the amount of pervious surface with more
plantings around the building. Case noted the Watershed District should be happy to hear that. There were no comments from the audience.
MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2019-133 for Planned Unit Development concept review on approximately 16.3 acres; to approve first reading of the Ordinance for Planned Unit Development District review with waivers on approximately 16.3 acres; and to
direct staff to prepare a development agreement incorporating staff and commission
recommendations and Council conditions. Case wondered how the situation will evolve in the future with the emphasis on less usage of cars but with the opportunity to make smaller vehicles, thus allowing more
vehicles to park and more people to occupy a building. Jeremiah responded this
project maximizes the use of their parking, and they will meet our standards. VOTE ON THE MOTION: Motion carried 5-0.
B. FIRST AND SECOND READINGS OF ORDINANCE NO. 23-2019 APPROVING 2020 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION NO. 2019-134 APPROVING SUMMARY ORDINANCE FOR PUBLICATION Getschow said Items IX.B, C, and D are related to our budget and are approved every year at the last meeting of the year. Item IX.B is a first and second reading of the fee
schedule for the administration of official controls. Every department in the City analyzes every fee and does comparisons with what is happening in the market. The City adopts by ordinance the fees for the administration of official controls, most of which are related to our building code and to State statute. He noted most of the changes to the fees are within the measure of inflation.
MOTION: Aho moved, seconded by Nelson to close the public hearing; and to approve the first and second readings of Ordinance No. 23-2019 updating the fee
CITY COUNCIL MINUTES December 3, 2019
Page 5 schedule for administration of official controls and to adopt Resolution No. 2019-134 approving the summary for publication.
Case noted there is always a tension between how much the taxpayer should foot the bill and how much the user base should pay. He thought we have done a good job balancing that tension.
Tony Morimoto, 7214 Topview Rd., expressed concern regarding the number of fees
and the availability of the documentation. Getschow explained the 400-page packet with the 2020 fees proposed is on the City website and does have about 50 pages of fees.
Aho said he received an email from a resident, Brad Starr, with questions about the
City’s franchise fees and requesting that franchise fees for utilities be direct taxes instead. Mr. Starr felt those fees are not as transparent as they would be as taxes. Mr. Starr also commented he believed the City’s water charges have gone up a fair amount over the last few years, and he wondered if those increases are justified.
Ellis responded the water infrastructure is one of the largest pieces the City owns. There are several hundred miles of pipeline in the City, and there are sizable capital improvement projects included in the long and medium term Capital Improvement Plan (CIP). The new ground storage facility being built has a price of about
$9,000,000. We have a very large system that is capital intensive as well as one that
requires a lot of labor to maintain. We look at the long term capital needs for the system every year and prorate the costs out to the future so we can set a responsible rate to recapture those costs. We also compare our rates to those in neighboring cities. The typical water user in Eden Prairie pays the 15th lowest fees out of 33.
Aho further explained in addition to pre-softened water, we also look at the system to make sure it will take care of our infrastructure needs in future years. We have chosen to put in franchise fees. If we did not have the franchise, we would have to have a large tax increase or an assessment to pay for such needs. He asked if the relatively
large increases in the past few years might not continue. Ellis replied we have had
fairly large increases in the last few years, but that will stabilize and then drop down in future years. Nelson noted we also have a water usage rate where people who use more water will
pay more, thereby encouraging people to conserve water.
Case said it sometimes may seem like the Council is acting on an issue from the top of our heads; however; we spend two years on the budgeting process and receive quarterly updates in the Council workshops. He believed our government is much
more transparent than corporations, and our documents are available for anyone to
research. He also noted the utility fee is listed as a fee, but it is actually a tax. As a franchise fee, it is evenly spread so that anyone who uses the utility system pays for it. Without the franchise fees, we would have to raise the taxes on property owners. Our neighboring cities are having tremendous expenses for street updates that are
CITY COUNCIL MINUTES December 3, 2019
Page 6 being paid for by property owners; but in Eden Prairie a property owner can never be assessed the costs of roadways again.
Aho commented it is one of the most equitable ways to fund the process. Mr. Morimoto asked what occurs if a water main breaks. Ellis responded there is no cost to the residents for that repair because our rates support those costs. The
homeowner would have responsibility only for the service line to their home.
Anything on the main or in the public right-of-way is the City’s responsibility. VOTE ON THE MOTION: Motion carried 5-0. C. RESOLUTION NO. 2019-135 APPROVING 2020 FEE SCHEDULE FOR CITY SERVICES
Getschow noted the City is required to hold a public hearing on this fee schedule for City services; however, we have chosen to hold a public hearing about both fee schedules. Item IX.C covers all other fees for City services, including the utility and franchise fees. The Council had a full workshop to run through all of the fees for
2020.
Aho said the Council does want residents to be able to be aware of all fees. Fifty pages seems excessive, but if you look at the categories, there aren’t any that are unnecessary. Out of all the fees, there are not many that would impact an individual
resident. We need fees to be fair to all residents, businesses and users of our common
property. Getschow explained all six City departments have fees associated with them and every single park fee is included in the fee schedule.
There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing and to adopt the 2020 Fee Resolution No. 2019-135. Motion carried 5-0.
D. RESOLUTION NO. 2019-136 CERTIFYING 2020 PROPERTY TAX LEVY, ADOPTING 2020 BUDGET AND APPROVING 2020 HRA TAX LEVY
Getschow said Finance Director Sue Kotchevar and he will give a PowerPoint presentation on the details of the 2020 budget before holding the public hearing.
Kotchevar reviewed the proposed budget with details of the General Fund revenue
and expenditures, the debt summary, the property tax levy, the overall tax impact and the total property tax impact. There will be a 3.1% increase in the total budget, with a 3.3% increase in General Fund revenue and a 3.3% increase in General Fund expenditures. She reported the average monthly cost of City services is about
$111.17.
CITY COUNCIL MINUTES December 3, 2019
Page 7 Getschow explained these numbers do not just come out of thin air. There are a lot of factors considered in planning a budget. We start the two-year process at the
beginning of the year with the Council doing strategic planning. We conduct a
community survey of our City services and evaluate the prior year’s budget. During the summer we drill down into the line items for the budget. The Council adopts the preliminary budget in September which sets a ceiling for the final budget. Every tax payer receives a statement showing what their taxes will be for the following year. He
reviewed the goals for providing City services and described the results of the
community survey from the spring of 2019 in which concerns were expressed regarding the future affordability of Eden Prairie. The goals include maintaining a strong financial position, enhancing the sense of community and community identity, sustainability, and affordable housing for all life cycles. He noted the City has been in
the State’s top 150 work places for the last several years. He reviewed some of the
budget highlights including the LRT and road improvements, implementing the City’s Aspire 2040 comprehensive program, planned projects for Parks and Recreation and plans for additional police officers in 2020 and 2021. He reported Eden Prairie is in the bottom fifth of cities in a comparison of city levies. He also
noted Eden Prairie is the No. 2 contributor in the metro area to the fiscal disparities
program where a portion of the taxes goes out to other communities. The City does not receive any local government aid from the State of Minnesota. Narayanan thanked Ms. Kotchevar and Mr. Getschow for a great presentation that
gives a good view of our tax structure. He emphasized Eden Prairie is the fourth
lowest taxed city among our neighboring cities, and the City’s share is 25% of the total tax bill each homeowner receives Mr. Morimoto asked when was the last time the City’s property taxes were lowered.
Case responded the last time would have been the last time we decreased in
population. Since 1853 our needs have increased as our population has grown. Getschow added there have been times in the past ten years when we did not increase the tax levy, but the budget was increased; however, our tax rate is decreasing. Aho commented he was elected in 2004 and in 2006-2008 we had a zero percent levy
increase while at the same time were able to increase our service delivery.
Nelson thanked City staff because we provide some of the highest services in the Twin Cities, yet we have some of the lowest taxes in the area.
Mr. Morimoto asked if there is a plan to lower the budget if property values decreased
by 20%. Aho responded, while it is complicated, we are adopting a budget of $51,610,456, so that means we have to raise that much money. We receive a certain percentage of revenue from property taxes, and some comes from fees and other sources. If all property values go down by some percentage, the property taxes would
stay the same because we still have to raise the total budget amount. Case added our
tax base gets shared among all the property types. A declining tax rate is a really good thing, and our tax rate is declining year after year. We have a very healthy economy. Mr. Morimoto asked what would be cut if the City did not have the money. Case
CITY COUNCIL MINUTES December 3, 2019
Page 8 replied if that happened we would have to figure out priorities among the line items; however, we have a track record of phenomenal economic stability. Aho added we
look at money collected from residents as taxes and look at the return on investment.
Taxes are an investment in the community, and we look at that carefully by reviewing the community survey results to see what services people value, along with what level of services people expect and what the cost is to provide those services. If we had to reduce services, we would have to look at all of the services the City provides.
MOTION: Nelson moved, seconded by Freiberg, to close the public hearing; to adopt Resolution No. 2019-136 certifying the 2020 Property Tax levy to be $39,621,102; to approve the 2020 Budget of $51,610,456 as reviewed by the Council; and to approve the HRA tax levy and budget of $200,000. Motion carried 5-0.
E. ADA TRANSITION PLAN (Resolution No. 2019-137)
Ellis gave a PowerPoint presentation on the Americans with Disabilities Act (ADA) transition plan and noted staff from several City departments have been working on the plan for the last 18 months. Title II of ADA pertains to the programs, activities and services that deal with the public right-of-way. As a
provider of public transportation facilities, the City of Eden Prairie must comply
with this section of the Act as it specifically applies to public service agencies. Title II provides rules for removing barriers from sidewalks, trails, curb ramps and traffic signals. He reported the Human Rights and Diversity Commission has recommended adoption of this plan.
Ellis reported staff began the process with an inventory and assessment of the current condition of sidewalks, trails, curb ramps and traffic signals in the City. He gave examples of barriers found, including the lack of truncated domes to assist the visually impaired at curb ramps. He presented a map prepared after
completing the inventory and assessment showing priority areas for
implementation of the plan within the City. He reviewed the schedule for the plan which will be part of the ten-year Capital Improvement Plan and will have an estimated cost of $13,000,000 over 26 years. The plan will be implemented starting in 2020.
Aho realized truncated domes, in particular, are expensive, and asked if there is any way we can work with the State and other governmental agencies to aggregate our buying power. Ellis replied we could look into that.
Freiberg understood we need to do this, and he asked if we are going to get a lot of pressure to complete this in less than 26 years. Ellis responded we looked at similar city’s plans, and it appears we can expect about 8% of the work to be completed per year. If we are successful with receiving grants for the improvements, we might be able to do more of the work a little sooner. We will
make a point of working with an individual or group that needs special attention, and we plan to do a lot of the work ourselves.
CITY COUNCIL MINUTES December 3, 2019
Page 9 Narayanan commented the State does a lot of contract negotiating to get better deals. He asked if redevelopment projects will be required to comply with the new
requirements. Ellis replied the State does have joint cooperative agreements
which we use on a regular basis. We will check to see if truncated domes are included as part of a State contract. Our goal has always been to make redevelopment projects compliant. This plan will deal with existing facilities as well as new construction. He noted most of the traffic signals will be upgraded as
part of the ten-year plan.
Mr. Morimoto asked if we consider traffic circles rather than signal lights. Ellis replied as part of the reconstruction project design process, we do an analysis of traffic signals versus traffic circles; however, traffic circles take a large amount of
right-of-way.
MOTION: Nelson moved, seconded by Aho to close the public hearing. Motion carried 5-0. Nelson expressed her hope locations where sidewalks are blocked by poles are on
the top of the list for changes. She thanked Mr. Ellis for a very thorough study and further noted by 2030 30% of our population will be seniors. She liked what staff is doing and how plans are concise and well thought out.
MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No.
2019-137 approving the City of Eden Prairie ADA Transition Plan for the Right of Way. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Narayanan, 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. Proclamation – Mayor Case Case stated it is rare for one individual to have as profound an impact on one
city as has City Attorney Ric Rosow. Mr. Rosow has worked for the City for 40 years, and he has worked with Mr. Rosow for 23 years. During that time, he has
CITY COUNCIL MINUTES December 3, 2019
Page 10 never once questioned Mr. Rosow’s counsel. Mr. Rosow has fervently and passionately represented the residents of the City of Eden Prairie. He read a
proclamation proclaiming December 3, 2019, as Ric Rosow Day and presented
the plaque to Mr. Rosow. 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 Attorney Rosow thanked Mayor Case for his kind words. He reported matching donations for the affordable housing challenge have been received. Mr. Rosow’s grandsons presented a check to Mayor Case for the remaining half of the challenge. He recognized several people who made possible his tenure at the City and were part of his
work here: his wife, Vicki; his son, Michael, his daughter-in-law and his two grandsons
as well as other family members at tonight’s meeting; Roger Pauly, who preceded him as City Attorney and served as a great mentor to him; Mayor Jean Harris; Mayor Gary Peterson; Mayor Nancy Tyra-Lukens, who was a strong advocate for everything we value in Eden Prairie and in his opinion, the finest mayor in the State of Minnesota; and
former Chief Jim Clark who served as a mentor to him while also seeking his advice.
He thanked the current staff at Eden Prairie who do an excellent job and are a joy to work with. XV. OTHER BUSINESS
XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Narayanan, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 9:04 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
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: City of Eden Prairie / EP Liquor
Event: Wine & Beer Tasting
Date: January 30, 2020
Place: Garden Room
8080 Mitchell Road
New Liquor License – New Ownership
Licensee name: TOG Kona Sushi, LLC
(Formerly Kona Sushi Inc)
DBA: Kona Grill
11997 Singletree Lane
2020 Renewal Licenses
Private Kennel
Jennifer Bjorling
8924 Braxton Drive
Andrew & Cindy Costigan
9980 Dell Road
Kimberly Donahue
18090 Evener Way
Joanne Jantson
14131 Westridge Drive
Michael Kelley
8575 Big Woods Lane
Reid Mandel
10541 East Riverview Road
James W. McCoy
14366 Golf View Drive
Frank & Lyndy Newcomb
6721 Lochanburn Road
Clara Severson
6505 Rowland Road
Robert & Lorraine Stanton
16427 South Manor Road
Annette & John Thayer
9263 Preston Place
Bradley Weber & Ryan Pfeifle
9528 Creek Knoll Road
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/Steve Durham
ITEM DESCRIPTION:
Costco Fuel Facility Expansion
ITEM NO.:
VIII.B.
Requested Action
• Approve the 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 18.18 acres; and
• Adopt a Resolution for a Site Plan on 18.18 acres; and
• Approve Development Agreement. Synopsis This is the final approval of the plans for Costco Wholesale Corporation to expand the existing fuel facility at the Eden Prairie Costco retail site. 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. Background The 120-day review period expires January 31, 2020
Attachments 1. Ordinance for PUD and Zoning District Amendment Review with waivers 2. Summary Ordinance
3. Resolution for Site Plan 4. Development Agreement
COSTCO FUEL FACILITY EXPANSION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-2020-PUD-1-2020
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 Commercial Regional Service Zoning District 1-2020-PUD-1-2020 (hereinafter "PUD-1-2020-C-REG-SER”).
Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 7, 2020 entered into between Costco Wholesale Corporation, 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-1-2020- C-REG-SER, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings: A. PUD-1-2020-C-REG-SER is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-1-2020-C-REG-SER 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-1-2020-C-REG-SER are justified by the design of the development described therein. D. PUD-1-2020-C-REG-SER 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 Commercial Regional Service Zoning District hereafter in the Planned Unit Development PUD-1-2020-C-REG-SER 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 7th day of January, 2020.
ATTEST: __________________________________ ___________________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on __________, 2020.
EXHIBIT A
PUD Legal Description
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 SUMMARY OF
ORDINANCE NO. 1-2020-PUD-1-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at
12011 Technology Drive within the Commercial Regional Service (C-Reg-Ser) District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on _______, 2020.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-____
A RESOLUTION GRANTING SITE PLAN APPROVAL FOR COSTCO FUEL FACILITY EXPANSION BY COSTCO WHOLESALE CORPORATION WHEREAS, Costco Wholesale Corporation, has applied for Site Plan approval of the Costco Fuel Facility to add fuel dispensers and expand the fuel facility, by an Ordinance approved by the City Council on December 3, 2019; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its October 14, 2019 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 12, 2019 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Costco Wholesale Corporation based on the Development Agreement between Costco Wholesale Corporation and the City of Eden Prairie, reviewed and approved by the City Council on December 3, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of January, 2020.
_______________________ Ronald A. Case, Mayor ATTEST:
________________________ Kathleen Porta, City Clerk
First Amendment to Development Agreement – Costco Fuel Facility Expansion 1
FIRST AMENDMENT TO DEVELOPMENT
AGREEMENT
COSTCO FUEL FACILITY EXPANSION
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“Agreement”) is
entered into as of __________, 2019, by Costco Wholesale Corporation, a Washington corporation,
hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN
PRAIRIE, a municipal corporation, hereinafter referred to as "City”:
WITNESSETH:
WHEREAS, Developer has applied to City for a Planned Unit Development Concept
Review on 18.18 acres, Planned Unit Development District Review with waivers on 18.18 acres, and
a Site Plan Review on 18.18 acres (the “Applications”), legally described on Exhibit A (the
“Property”);
WHEREAS, Developer and City entered into that certain Development Agreement dated
October 21, 2003 filed on April 16, 2004 in the Office of the County Recorder as Document No.
8333024, pertaining to the Property ("Original Development Agreement").
NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for
Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit
Development District Review with Waivers and Resolution No. ____________ for Site Plan
First Amendment to Development Agreement – Costco Fuel Facility Expansion 2
Review, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated October 31, 2019, reviewed and approved by the City Council on November
12, 2019, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and
agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner, and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
First Amendment to Development Agreement – Costco Fuel Facility Expansion 3
final grading and drainage plan shall include all wetland information, including
wetland boundaries, wetland buffer strips and wetland buffer monument locations; all
Stormwater Facilities, such as water quality ponding areas, stormwater detention
areas, and stormwater infiltration systems; and any other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be submitted
with the final grading and drainage plan. Developer shall furnish to the City
Engineer and receive the City Engineers’ written approval of a security in the form of
a bond, cash escrow, or letter of credit, equal to 125% of the cost of said
improvements as required by City Code. Prior to release of the grading security,
Developer shall certify to the City that the Stormwater Facilities conform to the final
grading plan and that the Stormwater Facilities are functioning in accordance with the
approved plans.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor critical phases of construction for conformance
to the approved final grading plan and Stormwater Pollution Prevention Plan
(SWPPP). The design professional shall provide a final report to the City certifying
completion of the grading in conformance the approved final grading plan and
SWPPP. In addition, the design professional retained by the Developer to perform
the monitoring of the Project shall be responsible for all monitoring, data entry and
reporting to the PermiTrack ESC web-based erosion and sediment permit tracking
program utilized by the City.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins, “Stormwater Infiltration” or “Filtration
Systems” (such as rainwater gardens, vegetated swales, infiltration basins, vegetated
filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts,
traffic islands, tree box filters, bioretention systems or infiltration trenches) or
“Underground Systems” (such as media filters, underground sand filters,
underground vaults, sedimentation chambers, underground infiltration systems, pre-
manufactured pipes, modular structures or hydrodynamic separators) shall be
maintained by the Developer during construction and for a minimum of two (2) full
growing seasons after completion of the development to ensure that soil compaction,
erosion, clogging, vegetation loss, channelization of flow or accumulation of
sediment are not occurring, and thereafter by the Owner of the Property. Planting and
Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that
the Stormwater Facilities continue to function as designed in perpetuity must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm
First Amendment to Development Agreement – Costco Fuel Facility Expansion 4
Water Manual”, the approved final grading plan and the requirements listed herein.
All inspections of underground systems shall be performed by personnel that have
approved OSHA confined space training.
Maintenance techniques must be used during construction to protect the infiltration
capacity of all Stormwater Infiltration Systems by limiting soil compaction to the
greatest extent possible. This must include delineation of the proposed infiltration
system with erosion control fencing prior to construction; installation of the
infiltration system using low-impact earth moving equipment; and not allowing
equipment, vehicles, supplies or other materials to be stored or allowed in the areas
designated for stormwater infiltration during construction.
In areas of structural infiltration Developer shall prior to construction of the
infiltration system provide a plan that addresses: (i) construction management
practices to assure the infiltration system will be functional; (ii), erosion control
measures; (iii) infiltration capacity; (iv) performance specifications that the
completed infiltration system must meet to be considered functional by City and (v)
corrective actions that will be taken if the infiltration system does not meet the
performance specification.
All Stormwater Infiltration Systems must be inspected prior to final grading to ensure
that the area is infiltrating as proposed and to determine if corrective measures are
required to allow infiltration as proposed.
Field verification of post-construction infiltration rates must be provided to the City
within 30 days after the first rainfall event of ½ inch or greater after the Stormwater
Infiltration Systems become operational. If infiltration rates are reduced a plan to
restore adequate infiltration must be provided within 90-days of the field verification
test. The work required to bring the Stormwater Infiltration System back into
compliance be implemented within 60 days of City approval of the plan. Pervious
surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces
must be completed prior to final grading and planting of the Stormwater Infiltration
Systems.
C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A
Stormwater Maintenance Plan must be provided for operation and maintenance of all
Stormwater Facilities to ensure they continue to function as designed in perpetuity
prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan
must identify and protect the design, capacity and functionality of all Stormwater
Facilities. The Maintenance Plan must contain at a minimum: the party(s)
responsible for maintenance; access plans; inspection frequency; methods used for
field verification of infiltration for Stormwater Infiltration Systems; routine and non-
First Amendment to Development Agreement – Costco Fuel Facility Expansion 5
routine inspection procedures; sweeping frequency for all parking and road surfaces;
plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and
plans for replacement of failed systems, all pursuant to and in accordance with Eden
Prairie City Code Section 11.55, Subd. 8.
During construction and for two years following completion of construction, all
Stormwater Facilities shall be inspected at a minimum of once annually to determine
if the Stormwater Facility(s) is treating stormwater as designed and should occur
within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All
Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment.
Erosion impairing the function or integrity of the Stormwater Facilities, if any, must
be corrected and any structural damage impairing or threatening to impair the
function of the Stormwater Facilities must be repaired. The following criteria must
be included in the inspection:
A storage treatment basin (including retention and detention basins) shall be
considered inadequate if sediment has decreased the wet storage volume by
50 percent or dry storage volume by 25 percent of its original design volume.
A Stormwater Infiltration System shall be considered inadequate if sediment
has accumulated that impairs or has the potential to impair infiltration of
stormwater.
An underground storage chamber shall be considered inadequate if sediment
has decreased the storage volume by 50 percent of its original design volume.
Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater
Facility shall be restored to its original design and/or the infiltration capacity of the
underlying soils must be restored and any surface disturbance must be stabilized
within one year of the inspection date.
Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall to the extent practical be removed by hand during dry periods. Only enough
sediment shall be removed as needed to restore hydraulic capacity, leaving as much
of the vegetation in place as possible. Any damaged turf or vegetation shall be
reseeded or replaced. For any situations in which hand removal is not practical,
Developer shall identify in the Stormwater Maintenance Plan procedures that will be
implemented to protect functionality of the Stormwater Infiltration Systems.
After the two year period of maintenance, the Owner of the Property shall continue to
be responsible for maintenance of the Stormwater Facilities. This shall include
inspections at a minimum of once per every five years. Regular maintenance shall be
conducted and must include regular sweeping of private streets, parking lots or drive
First Amendment to Development Agreement – Costco Fuel Facility Expansion 6
aisles at a minimum of once per year; debris and litter removal; removal of noxious
and invasive plants; removal of dead and diseased plants; maintenance of approved
vegetation; re-mulching of void areas; replanting or reseeding areas where dead or
diseased plants were removed; and removal of sediment build-up. Sediment build-up
in above-ground Stormwater Infiltration or Filtration Systems shall to the extent
practical be removed by hand. For any situations in which hand removal is not
practical, Developer shall identify in the Stormwater Maintenance Plan procedures
that will be implemented to protect functionality of the Stormwater Infiltration
Systems. Areas above Underground Systems shall be kept free of structures that
would limit access to the System for inspections, maintenance or replacement.
D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration permit, Developer shall submit to the City Engineer and
obtain City Engineer's written approval of Stormwater Pollution Prevention Plan
(SWPPP) for the Property. The SWPPP shall include all boundary erosion control
features, temporary stockpile locations, turf restoration procedures, concrete truck
washout areas and any other best management practices to be utilized within the
Project. Prior to release of the grading bond, Developer shall complete
implementation of the approved SWPPP.
7. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the
City Planner and receive the City Planner's written approval of an executed landscape
agreement and a final landscape plan for the Property including all proposed trees shrubs,
perennials, and grasses as depicted on the Exhibit B Plans.
Prior to building permit issuance, Developer shall also submit to the City Planner and receive
the City Planner's written approval of a security in the form of a cash escrow, or letter of
credit, equal to 150% of the cost of said improvements including all proposed trees, shrubs,
perennials, and grasses as depicted on the landscape and tree replacement plan on the Exhibit
B Plans.
The approved landscape plan shall be consistent with the quantity, type, and size of all plant
materials shown on the landscape plan on the Exhibit B Plans. The approved landscape plan
shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-
foot minimum height for conifer trees. The approved landscape plan shall also provide that,
should actual tree loss exceed that calculated herein, Developer shall provide tree
replacement on a caliper inch per caliper inch basis for such excess loss.
The installation shall conform to the approved landscape plan including but not limited to the
size, species and location as depicted on the Exhibit B Plans. Any changes, including but not
limited to removal and relocation, to the landscape plan or landscaping installed on the
Property shall be reviewed and approved by the City prior to implementing said changes.
Developer shall complete implementation of the approved landscape plan as depicted on the
First Amendment to Development Agreement – Costco Fuel Facility Expansion 7
Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this
Development Agreement.
8. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to
the City Engineer, copies of all necessary approvals issued by other agencies for the project.
These submittals are required prior to issuance by the City of the corresponding City
permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the
following: the Minnesota Pollution Control Agency, Metropolitan Commission
Environmental Services.
The City Planner may determine that conditions of approval required by the Riley Purgatory
Bluff Creek Watershed District require changes to the City approvals which may entail
additional City review, including public hearing(s) for recommendation by the Planning
Commission and approval by the City Council. Developer consents to such additional review
as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section
15.99 of an additional 60 days for the addition review.
9. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a
manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and
regulations. Developer further agrees that the facility upon the Property shall be operated so
noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary
lines.
10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Public Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD (list PUD
number):
Driveway Width at the Property Line
City Code requires the maximum width of a driveway at the property line of 30 feet. Waivers
are granted to permit:
Thirty-seven feet (37’) on the east driveway.
Thirty-eight feet (38’) on the west driveway.
11. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer
agrees to all of the terms, conditions and obligations of "Developer" under the Development
Agreement dated October 21, 2003, filed on April 16, 2004 in the Office of the County
Recorder as Document N0. 8333024, except as amended by this Supplement.
12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's
First Amendment to Development Agreement – Costco Fuel Facility Expansion 8
written approval of an application for a sign permit. The application shall include a complete
description of the sign and a sketch showing the size, location, the manner of construction,
and other such information as necessary to inform the City of the kind, size, material
construction, and location of any such sign, consistent with the sign plan shown on the Plans
and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
First Amendment to Development Agreement – Costco Fuel Facility Expansion 9
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case
Its Mayor
By____________________________
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 2019,
by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________
Notary Public
First Amendment to Development Agreement – Costco Fuel Facility Expansion 10
COSTCO WHOLESALE CORPORATION
By ________________________________
Its ________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2019, by
_______________________________________, the ___________________ of Costco Wholesale
Corporation, a Washington corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
First Amendment to Development Agreement – Costco Fuel Facility Expansion 11
EXHIBIT A
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT –
COSTCO FUEL FACILTIY EXPANSION
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
east line of said lot 1 distant 67.00 feet northerly of the southeast corner of said Lot 1 and there
terminating.
(Abstract Property)
First Amendment to Development Agreement – Costco Fuel Facility Expansion 12
EXHIBIT B
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT –
COSTCO FUEL FACILITY EXPANSION
Exhibit B
Overall Site Plan dated 09-19-19 1148 AM prepared by Barghausen Consulting Engineer,
Inc.
Detailed Site Plan dated 09-19-19 1248 AM prepared by Barghausen Consulting
Engineer, Inc.
MG2 Concept Elevations dated 05-31-19 and submitted 10-31-19 with controller
enclosure brick exterior submitted by prepared by Barghausen Consulting Engineer, Inc.
Photometric Plan Project No 19-082 submitted 10-31-19 prepared by T.E., Inc. issue
dated February 2019.
Preliminary Grading and Drainage Plan dated 09-19-19 6:22 PM prepared by Barghausen
Consulting Engineer, Inc.
Preliminary Site Plan dated 09-19-19 6:22 PM prepared by Barghausen Consulting
Engineer, Inc.
Preliminary Demolition and Erosion Control Plan dated 09-19-19 4:51 PM prepared by
Barghausen Consulting Engineer, Inc.
Costco Eden Prairie Boundary and Topographic Survey dated 01-31-19 prepared by
Landform
Preliminary Landscape Plan dated 10-01-9 prepared by Barghausen Consulting Engineer,
Inc.
First Amendment to Development Agreement – Costco Fuel Facility Expansion 13
EXHIBIT C
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT –
COSTCO FUEL FACILITY EXPANSION
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing existing and proposed
contours, proposed streets, and lot arrangements and size, minimum floor elevations on each
lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots, location of walks, trails, and property deeded to the
City, if any.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose
the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER’S SUPPLEMENT
TO THE DEVELOPER’S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
First Amendment to Development Agreement – Costco Fuel Facility Expansion 14
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
First Amendment to Development Agreement – Costco Fuel Facility Expansion 15
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or
CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305.
XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to
the Inspections Department, including; Building permit fee, plan check fee, State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and park
dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" =
200 scale) showing proposed building location and all proposed streets, with approved street
names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure, or
improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary
charges. No execution on any claim, demand, cause of action or judgment shall be levied
upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of any conservation easement on each lot property
line or corner with permanent four-foot tall posts that is not already so demarcated. A 2 ½ by
First Amendment to Development Agreement – Costco Fuel Facility Expansion 16
6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden
Prairie”, will be affixed to the top of the post.
C
XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record
the Development Agreement at the County Recorder and / or Registrar of Titles. The final
plat shall not be released until proof of filing of the Development Agreement is submitted to
the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the
“Security”) is required if the Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s) within ten (10)
days after receipt of written notice thereof from the City; provided however if the nature of
the cure is such that it is not possible to complete the cure within ten (10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon five
(5) business days notice to the Developer, for any violation of the terms of this Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty (30) days prior to the expiration of
the Security and if the Security has not then been renewed, replaced or otherwise extended
beyond the expiration date, the City may also draw down or make a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys’ fee, incurred by the City in enforcing this
Agreement.
XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person, including the public at large, so as
to constitute any such person as a third-party beneficiary of the Agreement or of any one or
more of the terms hereof, or otherwise give rise to any cause of action for any person not a
party hereto.
XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued
for the Property until the Developer has recorded the First Amendment to Development
Agreement with Hennepin County Recorder's Office.
First Amendment to Development Agreement – Costco Fuel Facility Expansion 17
XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction
with the Applications. These costs include internal City administrative, planning and,
engineering costs and consulting costs, including but not limited to legal, engineering,
planning and financial, in review, investigation, administering and processing the
Applications and implementation of the approvals granted by the City.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Office of City Manager
Administration
ITEM DESCRIPTION:
Designate Official Meeting Dates, Times and
Locations for Board & Commission Meetings
ITEM NO.:
VIII.C.
Requested Action
Move to: Adopt Resolution designating the official meeting dates, time and location for City Council appointed Boards and Commissions during 2020.
Synopsis
The schedule of regular meetings for the City’s Boards and Commissions is established by the
City Council on an annual basis.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-
A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2020
BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the
City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. The Human Rights and Diversity Commission will meet at the Eden Prairie Center mall, Housing and Human
Services Office. Additional workshops may be called if determined necessary by the Commission
Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when
elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of
Order will prevail.
Board / Commission Scheduled Meeting Dates
Local Board of Appeal and Equalization Thursday, April 16 and Monday, May 4
Conservation Commission 2nd Tuesday (1st Tuesday of August)
Flying Cloud Airport Advisory Commission Quarterly (2nd Thursday of January, April, and July; 3rd
Thursday of October)
Heritage Preservation Commission 3rd Monday (3rd Tuesday of January; 4th Monday of February)
Human Rights & Diversity Commission 2nd Thursday
Parks, Recreation & Natural Resources Commission 1st Monday (2nd Monday of September)
Planning Commission 2nd and 4th Mondays (4th Tuesday in May; No meeting on 4th Monday of December)
ADOPTED by the Eden Prairie City Council this 7th day of January 2020.
______________________________
Ronald A. Case, Mayor
ATTEST:
_____________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Sue Kotchevar
Finance
ITEM DESCRIPTION:
Authorize Treasurer or Deputy Treasurer to
Invest City of Eden Prairie Funds
ITEM NO.:
VIII.D.
Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. Attachment Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin,
that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or
any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and
Repurchase Agreements and any other security authorized by law. The City Treasurer shall
maintain adequate collateral for funds deposited.
ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2020.
____________________________ Ronald A. Case, Mayor
ATTEST:
____________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Sue Kotchevar
Finance
ITEM DESCRIPTION:
Authorize Treasurer or Deputy Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie
ITEM NO.:
VIII.E.
Requested Action
Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis
This resolution requires approval on an annual basis. Attachment Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE
BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin,
that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any
bank, or other financial institution authorized to do business in the State of Minnesota, for
investments of excess cash, payment of bond principal, bond interest and a fiscal agent services
charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer.
ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2020.
____________________________
Ronald A. Case, Mayor
ATTEST:
____________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Sue Kotchevar
Finance
ITEM DESCRIPTION:
Authorize City Officials to Transact Banking Business
ITEM NO.:
VIII.F.
Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor,
Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie
in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis.
Attachment Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS
BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of
the City of Eden Prairie, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Unless the City provides written notice to the contrary, this authorization includes the authority to sign checks
against said account, which checks will be signed by the Mayor, Manager and City Treasurer or
Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against
such account which is signed as above described, whether or not said check is payable to the order
of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check.
BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an
alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the
Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 7th day of January 2020.
____________________________ Ronald A. Case, Mayor
ATTEST:
____________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Sue Kotchevar
Finance
ITEM DESCRIPTION:
Designate Official Depository
ITEM NO.:
VIII.G.
Requested Action Move to: Adopt the resolution designating US Bank of Eden Prairie as the official
depository for the public funds of the City of Eden Prairie.
Synopsis This resolution requires approval on an annual basis.
Attachment Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- A RESOLUTION DESIGNATING DEPOSITORY
BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking
business in Minnesota, be and hereby designated as the Official Depository for the Public Funds of
the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository.
ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2020.
____________________________
Ronald A. Case, Mayor
ATTEST:
____________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Sue Kotchevar
Finance
ITEM DESCRIPTION:
Authorize Use of Facsimile Signatures by Public Officials
ITEM NO.:
VIII.H.
Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor,
the City Manager and the Treasurer on checks, drafts, warrants, vouchers or
other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis.
Attachment Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS
BE IT RESOLVED, that the use of facsimile signatures by the following persons:
Ronald A. Case, Mayor Rick Getschow, City Manager
Susan Kotchevar, Treasurer
on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved
and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his
manually written signature and that instruments so honored shall be wholly operative and binding in
favor of said depository bank although such facsimile signature shall be affixed without her/his
authority.
ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2020.
____________________________
Ronald A. Case, Mayor ATTEST:
____________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Sue Kotchevar
Finance
ITEM DESCRIPTION:
Authorize Payment of Certain Claims by Finance Department Without Prior Council Approval
ITEM NO.:
VIII.I.
Requested Action Move to: Adopt a resolution authorizing payment of certain claims by the Finance
division without prior Council approval. Synopsis This resolution requires approval on an annual basis.
Attachment Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL
BE IT RESOLVED, that the following types of claims may be paid by the City Manager,
Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements,
construction, etc.)
Payroll Liabilities Refunds
Postage Programmed Professional Performances
Petty Cash Invoices which offer discounts or have interest added
Licenses and Fees Payments to vendors not allowing charge accounts
Tickets paid by registration fees Motor vehicle registrations
Employee expenses Insurance
Amounts due to other government agencies Liquor store inventory items
Police "buy" money Payments to comply with agreements, purchases, or invoices which contain a fixed time for payment
ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2020.
____________________________
Ronald A. Case, Mayor
ATTEST:
____________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
January 7, 2020
DEPARTMENT / DIVISION
Police, Chief Greg Weber
ITEM DESCRIPTION
Approval of 2020 Towing Services Agreement
ITEM NO.
VIII.J.
Requested Action Move to: Approve renewal of the towing services agreement between the City of Eden Prairie and
Matt’s Auto Service. Synopsis This agreement for towing services will provide consistency of towing services and costs.
Background For 54 years, Matt’s Auto Service has been the official towing agency for the City of Eden Prairie. Matt’s Auto Service has consistently provided the City with quality service. Matt’s Auto Service
provides towing/impoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff and State Patrol. This is a renewal of the 2019 agreement. Attachment Agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION: Community Development/ Economic Development Janet Jeremiah/David Lindahl
ITEM DESCRIPTION:
Ratifying Resolution No. 2019-131
ITEM NO.:
VIII.K.
Requested Action Move to: Ratify Resolution No. 2019-131, Approving the Support of a Job Creation Fund Application in Connection With DDL Corporation.
Synopsis Finding of Facts have been added to Resolution No. 2019-131, approved at the December 3, 2019 City Council meeting.
Attachment Resolution No. 2019-131
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-131
A RESOLUTION APPROVING THE SUPPORT OF A JOB CREATION FUND
APPLICATION IN CONNECTION WITH DDL CORPORATION
WHEREAS, the City of Eden Prairie, Minnesota (the "City"), desires to assist DDL
Corporation, located at 10200 Valley View Road in Eden Prairie, obtain funding from the
Department of Employment and Economic Development (DEED) Job Creation Fund Program;
and
WHEREAS, DDL Corporation provides package, product and materials testing for the medical
device, pharmaceutical, and consumer goods industry and plans to purchase the building they
currently lease at 10200 Valley View Road in the Golden Triangle of Eden Prairie and use JCF
funds to help expand operations by 15,000 feet and add 20 jobs over the next three years; and
WHEREAS, the City of understands that DDL Corporation, through and with the support of the
City, intends to submit to the Minnesota Department of Employment and Economic
Development an application for an award and/or rebate from the Job Creation Fund Program;
and
WHEREAS, the City of Eden Prairie held a city council meeting on December 3rd, 2019 to
consider this matter.
NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City
Council of the City of Eden Prairie, Minnesota, hereby adopts the following findings of fact related
to the project proposed by DDL Corporation and its application for an award and/or rebate from
the Job Creation Fund Program and express their approval.
The City Council hereby finds and adopts the reasons and facts supporting the following findings
of fact for the approval of the Job Creation Fund Program application:
1. Finding that the project is in the public interest because it will encourage the growth of
commerce and industry, prevent the movement of current or future operations to locations
outside Minnesota, result in increased employment in Minnesota, and preserve or enhance
the state and local tax base;
• DDL Corporation has indicated that JCF funding is necessary to offset the cost of
the leasehold improvements and equipment at their Eden Prairie facility and will
help support 20 new jobs over the next three years.
2. Finding that the proposed project, in the opinion of the City Council, would not reasonably
expected to occur solely through private investment within the reasonably foreseeable
future;
• DDL Corporation has stated it needs to broaden its current footprint and range of
services in order to capitalize on its recent success and to remain competitive in a
growing market and intends to create a "Center for Excellence" in Eden Prairie.
• DDL Corporation has indicated that without the JCF funding they will be forced to
expand its operations in one of its other locations (New Jersey, California or
Massachusetts) or other locations where the pharmaceutical industry is
traditionally strong and real estate opportunities for new construction is
economically feasible.
3. Finding that the proposed project conforms to the general plan for the development or
redevelopment of the City as a whole;
• DDL Corporation's facility located at 10200 Valley View Road and its proposed
plans to create a "Center of Excellence" is a consistent with the City's
Comprehensive Plan.
4. Finding that the proposed project will afford maximum opportunity, consistent with the
sound needs of the City as a whole, for the redevelopment or development of the project
by private enterprise;
• DDL Corporation'sfacility located at 10200 Valley View Road and its proposed
plans to create a "Center of Excellence" is a consistent with the City's
Comprehensive Plan.
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 2019.
Ronald A. Case, Mayor
ATTEST: SEAL
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
January 7, 2020
DEPARTMENT / DIVISION
Administration Rick Clark, Facilities
ITEM DESCRIPTION
City Center Chiller Replacement
ITEM NO.
VIII.L.
Requested Action Move to: Award Contract for City Center Chiller Replacement to NAC Mechanical and Electrical Services
Synopsis NAC Mechanical and Electrical Services $103,000 Terranova, LLC $109,890 Uhl Company $122,150
Metropolitan Mechanical Contractors Inc. $122,759
Background As part of the 2020 Capital Improvement Plan the City Center Chiller is over 25 years old and will
need to be replaced due to being beyond life expectancy and inefficiency. The replacement is specified
as a high efficiency unit. Plans and specifications for the City Center Chiller Replacement were
developed by Quetica and sent to 4 potential bidders. Responsible contractor verification was filled
and included with bid submission.
Attachment Standard City Construction Contract with NAC Mechanical and Electrical Services
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 7th day of January, 2020, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and NAC Mechanical and Electrical Services, a
Minnesota Company (hereinafter "Contractor") whose business address is 1001 Labore
Industrial Court, Suite B, Vadnais Heights, MN 55110. . 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
replacing an over 25 year old Chiller at the City Center building 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 April 10th 2020.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $103,000 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
NAC Mechanical and Electrical Services
By: ________________________________ Its: ________________________________
Standard Construction Contract 2018 08 01 Page 14 of 14
EXHBIIT A
City Center Chiller Replacement, in accordance with the Plans and Specifications contained in the Project Manual City of Eden Prairie City Center 2020 Chiller Replacement dated December 5, 2019, prepared by Quetica, LLC, Quetica Project No. 19224, which Project Manual is
incorporated herein as if fully set forth.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Administration
Rick Clark, Facilities
ITEM DESCRIPTION:
Declare obsolete office furniture as surplus.
ITEM NO.:
VIII.M.
Requested Action
Move to: Declare furniture obsolete and authorize the City Manager to dispose of Surplus property
per City Code Section 2.86, Subdivision 3.
Synopsis
Obsolete furniture:
34 desk chairs
4 metal file cabinets
Miscellaneous unusable Hermann Miller workstation surfaces and parts.
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: January 7, 2020
DEPARTMENT: Aditi Salunke, IT Manager
ITEM DESCRIPTION: Network Upgrades – Eden Prairie Community Center Switch replacement
ITEM NO.: VIII.N.
Requested Action
Move to approve quote and authorize LOGIS to replace switches at the Eden Prairie Community Center for a total cost of $34,143.38. Synopsis
Networking equipment at the Community Center is scheduled for upgrade in 2021. However, we experienced failure on one switch following a scheduled power outage and are currently using a replacement from LOGIS. We will replace 3 switches and add a 4th switch at this location to better manage requirements for additional equipment (cameras, card readers) in 2020. The City
has received quotes from LOGIS under the Minnesota State Contract. There is additional discount for LOGIS for a total of 50% discount on equipment. Background
Our current equipment consists of three 3850X (48 port) stacked switches installed in 2015 and budgeted to be replaced in 2021. In October 2019, following a planned power outage, one switch in the stack failed causing issues with equipment connectivity for users. We were unable to bring this switch back on and currently have a LOGIS replacement switch for this. With this upgrade, we will add another 48 port switch, which will assist with meeting requirements for future
projects like camera upgrades and additional card readers. This will also provide the capability to add some new exercise equipment in 2020. The cost of the switches is $31,017.50 and the labor cost for this project is approximately $1,500. Additionally, a 5% contingency ($1,625.88) is applied, for a total of $34,143.38.
Attachments
CDW quote to LOGIS for equipment Spreadsheet showing approximate costs for equipment, labor and contingency
Qty Part Number Description List Price Customer
Price
Customer
Extended
Price
MN State Contract 147097 Discount = 43.5% Additional LOGIS Discount = 6.5% TOTAL Discount = 50%
Sub Total: $ -
C9300-48UXM-E
1 C9300-48UXM-E Catalyst 9300 48-port(12 mGig&36 2.5Gbps) Network
Essentials
$12,945.00 $6,472.50 $6,472.50
1 C9300-NW-E-48 C9300 Network Essentials, 48-port license $-$-$-
1 S9300UK9-169 UNIVERSAL $-$-$-
1 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply $-$-$-
1 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply $1,900.00 $950.00 $950.00
2 CAB-TA-NA North America AC Type A Power Cable $-$-$-
1 STACK-T1-1M 1M Type 1 Stacking Cable $200.00 $100.00 $100.00
1 CAB-SPWR-150CM Catalyst Stack Power Cable 150 CM - Upgrade $100.00 $50.00 $50.00
1 C9300-DNA-E-48 C9300 DNA Essentials, 48-Port Term Licenses $-$-$-
1 C9300-DNA-E-48-3Y C9300 DNA Essentials, 48-port - 3 Year Term License $1,120.00 $560.00 $560.00
1 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $2,550.00 $1,275.00 $1,275.00
1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device
deployment
$-$-$-
Sub Total: $ 9,407.50
C9300-48P-E
3 C9300-48P-E Catalyst 9300 48-port PoE+, Network Essentials $10,005.00 $5,002.50 $15,007.50
3 C9300-NW-E-48 C9300 Network Essentials, 48-port license $-$-$-
3 S9300UK9-169 UNIVERSAL $-$-$-
3 PWR-C1-715WAC-P 715W AC 80+ platinum Config 1 Power Supply $-$-$-
3 C9300-SPS-NONE No Secondary Power Supply Selected $-$-$-
3 CAB-TA-NA North America AC Type A Power Cable $-$-$-
3 STACK-T1-1M 1M Type 1 Stacking Cable $200.00 $100.00 $300.00
3 CAB-SPWR-150CM Catalyst Stack Power Cable 150 CM - Upgrade $100.00 $50.00 $150.00
3 PWR-C1-BLANK Config 1 Power Supply Blank $-$-$-
3 C9300-DNA-E-48 C9300 DNA Essentials, 48-Port Term Licenses $-$-$-
3 C9300-DNA-E-48-3Y C9300 DNA Essentials, 48-port - 3 Year Term License $1,120.00 $560.00 $1,680.00
120 S. Riverside
Chicago, IL 60606
312.705.9700
Project:216668
Attention:Lori Hackett
Prepared for:Logis
5750 Duluth St
Golden Valley, MN
55422-4036
PRICE QUOTE
QUOTE ID:491847
Revision:1
CUSTOMER ID:2979747
QUOTE DATE:12/10/2019
QUOTE EXPIRES:01/10/2020
PAYMENT TERMS:Net 30 Days
FOB:Port of Origin
Sales Person:Allie Pipp
Phone:(312) 547-2362
Email:allipip@cdwg.com
ISR:Jesse Schmidt
Phone:(920) 996-3158
Email:jesse.schmidt@cdw.com
Page 1 of 2
CUSTOMER IS RESPONSIBLE TO PAY FREIGHT CHARGES. ESTIMATED OR ACTUAL FREIGHT CHARGES ARE NOT INCLUDED IN QUOTES (UNLESS SPECIFICALLY
STATED). THIS QUOTE EXCLUDES SALES TAX (UNLESS SPECIFICALLY STATED). SALES AND SERVICES ARE GOVERNED BY THE SIGNED AGREEMENT YOU MAY
HAVE WITH CDW. IF NO SEPARATE AGREEMENT IS EFFECTIVE, THE TERMS AND CONDITIONS OF SALES AND SERVICES ARE LIMITED TO THOSE CONTAINED IN
THE "TERMS & CONDITIONS" LINK AT http://www.cdw.com/content/terms-conditions/default.aspx. BY ORDERING OR ACCEPTING DELIVERY OF PRODUCTS OR BY
ENGAGING CDW TO PERFORM OR PROCURE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THOSE TERMS AND CONDITIONS. ANY ADDITIONAL OR
DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS, AND NOTICE OF OBJECTION
TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. THIS DOCUMENT IS CONFIDENTIAL.
Qty Part Number Description List Price Customer
Price
Customer
Extended
Price
3 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module $2,550.00 $1,275.00 $3,825.00
3 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device
deployment
$-$-$-
Sub Total: $ 20,962.50
PWR-C1-715WAC=
1 PWR-C1-715WAC=715W AC Config 1 Power Supply $1,295.00 $647.50 $647.50
1 CAB-TA-NA North America AC Type A Power Cable $-$-$-
Sub Total: $ 647.50
Quote Total: $ 31,017.50
PRICE QUOTE
QUOTE ID: 491847 Revision: 1
Prepared for: Logis
Page 2 of 2
CUSTOMER IS RESPONSIBLE TO PAY FREIGHT CHARGES. ESTIMATED OR ACTUAL FREIGHT CHARGES ARE NOT INCLUDED IN QUOTES (UNLESS SPECIFICALLY
STATED). THIS QUOTE EXCLUDES SALES TAX (UNLESS SPECIFICALLY STATED). SALES AND SERVICES ARE GOVERNED BY THE SIGNED AGREEMENT YOU MAY
HAVE WITH CDW. IF NO SEPARATE AGREEMENT IS EFFECTIVE, THE TERMS AND CONDITIONS OF SALES AND SERVICES ARE LIMITED TO THOSE CONTAINED IN
THE "TERMS & CONDITIONS" LINK AT http://www.cdw.com/content/terms-conditions/default.aspx. BY ORDERING OR ACCEPTING DELIVERY OF PRODUCTS OR BY
ENGAGING CDW TO PERFORM OR PROCURE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THOSE TERMS AND CONDITIONS. ANY ADDITIONAL OR
DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS, AND NOTICE OF OBJECTION
TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. THIS DOCUMENT IS CONFIDENTIAL.
Page 1 of 1
Totals
Qty.Part #Description List Price Extended List Price Discount Customer Price Extended Price 32,517.50
Switches 31,017.50 - - -
- 50.00% - -
City Hall: - 50.00% - -
1 C9300-48UXM-E Catalyst 9300 48-port(12 mGig&36 2.5Gbps) (waiting on price) 12,945.00 12,945.00 50.00% 6,472.50 6,472.50
1 PWR-C1-1100WAC 1100W AC Config 1 Power Supply - 50.00% - -
1 PWR-C1-1100WAC/2 1100W AC Config 1 Secondary Power Supply 1,900.00 1,900.00 50.00% 950.00 950.00
3 C9300-48P-E Catalyst 9300 48-port PoE+, Network Essentials 10,005.00 30,015.00 50.00% 5,002.50 15,007.50
4 C9300-NW-E-48 C9300 Network Essentials, 48-port license - 50.00% - -
4 S9300UK9-168 UNIVERSAL - 50.00% - -
3 PWR-C1-715WAC 715W AC Config 1 Power Supply - 50.00% - -
1 PWR-C1-715WAC/2 715W AC Config 1 Secondary Power Supply 1,295.00 1,295.00 50.00% 647.50 647.50
6 CAB-TA-NA North America AC Type A Power Cable - 50.00% - -
4 C9300-DNA-E-48 C9300 DNA Essentials, 48-Port Term Licenses - 50.00% - -
4 C9300-DNA-E-48-3Y C9300 DNA Essentials, 48-port - 3 Year Term License 1,120.00 4,480.00 50.00% 560.00 2,240.00
4 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module 2,550.00 10,200.00 50.00% 1,275.00 5,100.00
0 STACK-T1-50CM 50CM Type 1 Stacking Cable 100.00 - 50.00% 50.00 -
4 STACK-T1-1M 1M Type 1 Stacking Cable 200.00 800.00 50.00% 100.00 400.00
CAB-SPWR-30CM Catalyst Stack Power Cable 30 CM 95.00 - 50.00% 47.50 -
4 CAB-SPWR-150CM Catalyst Stack Power Cable 150 CM - Upgrade 100.00 400.00 50.00% 50.00 200.00
- 50.00% - -
Optics (Vendor Approved Networks)
6 SFP-10G-SR-A 10 Gig Multi-Mode Optic 65.00
SFP-10G-LX-A 10 Gig Single-Mode Optic 100.00
- - - -
Network Services labor estimate 1,500.00
12 Network Services Network Services Labor for switch configuration. Installation, and testing $125.00 1,500.00 0.00% 125.00 1,500.00
Total cost per detail 32,517.50
Less additonal Cisco Discount
Contingency 5% 1,625.88
Grand Total 34,143.38
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
January 7, 2020
DEPARTMENT / DIVISION
Administration
Rick Clark, Facilities
ITEM DESCRIPTION
City Center East Fluid Cooler Replacement
ITEM NO.
VIII.O.
Requested Action
Move to: Reject bids for the City Center East Fluid Cooler Replacement
Synopsis
Four bids were received on Thursday, December 19, 2019 for this project. The low bid was 35% higher
than the engineer’s estimate of $200,000. Based on bids being substantially higher than estimated, staff
recommends rejecting bids and rebidding the project with a revised scope later in 2020.
NAC Mechanical and Electrical Services $279,500
Terranova, LLC $293,840
Uhl Company $277,965
Metropolitan Mechanical Contractors Inc. $269,424
Background
As part of the 2020 Capital Improvement Plan the City Center East Fluid Cooler is over 25 years old and
will need to be replaced due to being beyond life expectancy. Plans and specifications for the City
Center East Fluid Cooler Replacement were developed by Quetica.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION: Greg Weber, Police Chief ITEM DESCRIPTION:
Replacement of mobile computers, docks and
mounts for Police squad cars
ITEM NO.:
VIII.P.
Requested Action Move to: Approve the purchase of 32 new laptops, docks and mounts from HP Inc forfor the Police Department squad cars through HP Inc for about $161,813.96.
Synopsis The Getac B300 toughbooks in squad cars have reached the end of their usable life and must be replaced. HP Inc. has provided a quote for laptops, docks and mounts pursuant to a Minnesota state contract through NASPO ValuePoint. The NASPO contract complies with statutory
competitive bidding requirements. This project is funded by the IT Internal Service Fund.
Background Getac B300 computers were installed in police squad cars in 2014. While typical replacement
cycle is 5 years, this hardware is now in its 6th year of service and needs to be replaced prior to
April 2020 when the warranty expires. The police department installed and tested 4 different computers: Panasonic CF33 and CF31 and GeTac A140 and S410 along with different docks, mounts and keyboards over a 60-day period.
Based on feedback from officers, the PD would like to replace the Getac B300 computers with
Getac A140 computers and a Hint mount. 29 squad cars will be equipped with these computers, with 3 spare devices to be used for testing and troubleshooting. The new computers will have a 5-year extended warranty. Squad cars will be re-equipped with
better mounts that offer more flexibility and space for officers. Additionally, trolley docks with
additional monitors will be located in the main police station at City Center, the policy substation at Eden Prairie Center, and each fire station, for users to easily dock and charge laptops when working from these locations.
HP Quote including A140, docks, mounts and extended warranty: $160,763.96
Estimated cost for 7 standard monitors: $1,050 Total: $161,813.96 Attachment Quote from HP Inc.
Date:11/25/2019
Quote valid until 1/27/2020
CUSTOMER INFORMATION:
Eden Prairie PD
Quoted via Contract - NASPO VP 97227
HP Direct with Agent
Agent: Preferred Communications
BD# 42379866
Qty.MFG Part Number HP Part Number Product/Services Description Unit Cost Extended Cost
32 GE-SVTBNFX5Y A950936 Bumper to Bumper + Extended Warranty- Tablet (Year 4 & 5)$518.47 $16,591.04
32 AE42ZDQAXHXX C000297
A140 LTE - Intel Core i7-6500U Processor 2.5 GHz, (No Webcam), Microsoft Windows 10 Pro x64 with 8GB RAM, 256GB SSD, Sunlight Readable (Full HD IPS+ Touchscreen), US Power Cord, Wifi+BT+GPS+4G LTE+Passthrough, Micro SD, LAN x 2, Smart Card reader, Default -21C, IP65, 3 Year Warranty B2B
$2,906.17 $92,997.44
29 OHHGTC8013 A986573 A140-Havis Vehicle Docking W/ Tri-Passthrough, W/ Bracket $631.94 $18,326.26
29 GAD2X8 A996363 Getac 120W 11-16V, 22-32V DC Vehicle adapter (Bare Wire), 3 year warranty (120W for Docking Station)$92.88 $2,693.52
29 GDKBU6 A997196 Getac Rugged Keyboard with Smart card and USB2.0, 3 year warranty (US)$336.93 $9,770.97
7 GDOFUI A986136 A140 Trolley Dock Station with AC adapter $591.10 $4,137.70
24 PCI123 TBD
HINT Tablet and Keyboard Mount with Two Telescopic Posts.Tablet Post with G.R.I.P. Tilt/Swivel and Single Arm withDisplay Holder. Keyboard Post with G.R.I.P. Tilt/Swiveland Double Articulated Arm and Keyboard Tray.Telescopic Mid Section on Under the Seat Base for thefollowing vehicles:
IMPALA; Dodge CHARGER (2011+);Ford CROWN VICTORIA, EXPLORER (2011+),
POLICEINTERCEPTORS SEDAN and UTILITY, TAURUS(Specify Year, Make and Model)
$560.82 $13,459.68
2 PCI124 TBD HINT Tablet and Keyboard Mount with Two Telescopic Posts.Tablet Post with G.R.I.P. Tilt/Swivel and Single Arm withDisplay Holder. Keyboard Post with G.R.I.P. Tilt/Swiveland Double Articulated Arm and Keyboard Tray.Telescopic Mid Section on Under the Seat Base for Dodge RAM Pickups
$557.41 $1,114.82
1 PCI125 TBD HINT Tablet and Keyboard Mount with Two Telescopic Posts.Tablet Post with G.R.I.P. Tilt/Swivel and Single Arm withDisplay Holder. Keyboard Post with G.R.I.P. Tilt/Swiveland Double Articulated Arm and Keyboard Tray.Telescopic Mid Section on Under the Seat Base for Ford F150
$557.41 $557.41
2 PCI126 TBD HINT Tablet and Keyboard Mount with Two Telescopic Posts.Tablet Post with G.R.I.P. Tilt/Swivel and Single Arm withDisplay Holder. Keyboard Post with G.R.I.P. Tilt/Swiveland Double Articulated Arm and Keyboard Tray.Telescopic Mid Section on Under the Seat Base forChevrolet TAHOE (2015+)
$557.41 $1,114.82
30 PCI127 TBD HINT Display Holder for VESA 75, VESA 100, and Vertical Slots with 4" & 4.125" Spacing $0.01 $0.30
Total $160,763.96
All sales are contingent upon credit review
END USER CUSTOMER DIRECT PO send to ORDERS-PROCESSING-USA@hp.com PARTNER PO's should be placed with your HP Partner Source
team. If you don't know the correct team please let me know.
Special Instructions, Terms and Conditions, Comments
Tax Information
LOS ANGELES, CA 90074
P.O. BOX 742881
After products are shipped, orders can not be canceled and no returns can be accepted.
This quotation is governed by Hewlett-Packard's Terms and Conditions of Sale and Service (Exhibit E16).
All orders subject to sales tax. If you are requesting exemption, please provide a copy of your Sales & Use Tax Exemption certification.
- Unless the customer has another valid agreement with HP this quotation is governed by HPs Standard Single Order Terms and Conditions. A copy of these terms can be found on-line
(http://welcome.hp.com/country/us/en/privacy/termsofsale.html ) or can be requested from your Customer Service or Sales Representatives. All orders must reference this HP quotation for acceptance. No other terms or
conditions shall apply.
PUBLIC SECTOR CUSTOMERS RECEIVE FREE GROUND FREIGHT. PLEASE NOTE GETAC EQUIPMENT IS NON-RETURNABLE
720-272-5667
kay@hp.com
REMIT PAYMENT TO:
HP INC
QUOTE FROM:
HP INC
1501 Page Mill Road,
Palo Alto, CA 94304
Kay Bair / Third Party Solutions
Page 1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Cooperative Service Agreement with the USDA for Deer Management Program
ITEM NO.:
VIII.Q.
Motion Move to: Approve the Cooperative Service Agreement for the 2020 Deer Management
Program with the United States Department of Agriculture, Animal and Plant Health Inspection Services at a cost not to exceed $25,000.00. Synopsis The City has been working with the USDA for the last three years to manage our deer population. Gary Nohrenberg, State Director of the USDA Wildlife Services has updated their
proposed Work Plan that addresses the City’s request for the 2020 reduction of white-tailed deer as outlined in the Deer Management Plan. His proposal includes field site selection, site preparation, baiting and bait monitoring, sharpshooting services, carcass removal and transportation to a meat processor.
Recommendation The USDA has conducted white-tailed deer management services for a number of cities in our area and has improved our management abilities by coordinating with adjacent cities. Their proposal is in line with our budget estimate and staff recommends approval of this agreement.
Attachment Cooperative Service Agreement
Version 7/2019 WS Agreement Number: 20 7227 5300-RA
WBS: AP.RA.RX27.72.4824
City of Eden Prairie 2019 Deer PO:
_________________
1
COOPERATIVE SERVICE AGREEMENT between THE CITY OF EDEN PRAIRIE, MN
and
UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS)
ARTICLE 1 – PURPOSE The purpose of this Cooperative Service Agreement is to cooperate in a wildlife damage management project as described in the attached Work Plan.
ARTICLE 2 – AUTHORITY APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C.
§§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry,
animal husbandry, wildlife, and human health and safety. ARTICLE 3 - MUTUAL RESPONSIBILITIES APHIS-WS and City of Eden Prairie mutually understand and agree to/that: 1. APHIS-WS shall perform services set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this agreement, to amend, modify, add or delete services from the Work Plan.
2. The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS-WS.
3. There will be no equipment with a procurement price of $5,000 or more per unit purchased directly with funds from the cooperator for use on this project. All other equipment purchased for the program is and will remain the property of APHIS-WS. 4. The cooperating parties agree to coordinate with each other before responding to media
requests on work associated with this project.
2
5. To meet as determined necessary by either party to discuss mutual program interests, accomplishments, needs, technology, and procedures to maintain or amend the Work Plan. Personnel authorized to attend meetings under this Agreement shall be the Eden Prairie Parks and Natural Resource Manager, City Manager or their designee(s), the Eden Prairie Police Chief or their designee(s) and the WS State Director or his/her designee, and/or
those additional persons authorized and approved by the City of Eden Prairie, and the WS State Director.
ARTICLE 4 - COOPERATOR RESPONSIBILITIES City of Eden Prairie agrees: 1. To designate the following as the authorized representative who shall be responsible for
collaboratively administering the activities conducted in this agreement; City of Eden Prairie: Mathew Bourne, Parks and Natural Resource Manager City of Eden Prairie, MN
8080 Mitchell Road
Eden Prairie, MN 55344 Phone: 952-949-8535 2. To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan.
APHIS-WS will be considered an invitee on the lands controlled by the City of Eden
Prairie. The City of Eden Prairie will be required to exercise reasonable care to warn APHIS-WS as to dangerous conditions or activities in the project areas. 3. To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified
in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial
Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS within 30 days of the date of the submitted invoice(s). Late payments are subject to
interest, penalties, and administrative charges and costs as set forth under the Debt
Collection Improvement Act of 1996. 4. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996.
5. As a condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. 6. To notify APHIS-WS verbally or in writing as far in advance as practical of the date and
time of any proposed meeting related to the program.
7. The Cooperator acknowledges that APHIS-WS shall be responsible for administration of APHIS-WS activities and supervision of APHIS-WS personnel.
3
8. To obtain the appropriate permits for removal activities for species listed in the Work Plan and list USDA, APHIS, Wildlife Services as subpermitees. 9. The Cooperator will not be connected to the USDA APHIS computer network(s).
10. To coordinate with Wildlife Services for the removal and/or disposal of wildlife species removed. ARTICLE 5 – APHIS-WS RESPONSIBILITIES APHIS-WS Agrees: 1. To designate the following as the APHIS-WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement.
Gary Nohrenberg, State Director
644 Bayfield St., Ste. 215 St. Paul, MN 55107 Phone: 651-224-6027 gary.nohrenberg@usda.gov
2. To conduct activities at sites designated by the City of Eden Prairie as described in the Work and Financial Plans. APHIS-WS will provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement.
3. That the performance of wildlife damage management actions by APHIS-WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS-WS will not make a final decision to
conduct requested wildlife damage management actions until it has made the
determination of such compliance. 4. To invoice the City of Eden Prairie quarterly for actual costs incurred by APHIS-WS during the performance of services agreed upon and specified in the Work Plan.
Authorized auditing representatives of the Cooperator shall be accorded reasonable
opportunity to inspect the accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations.
ARTICLE 6 – CONTINGENCY STATEMENT
This agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This agreement may also be reduced or terminated if Congress only provides
APHIS-WS funds for a finite period under a Continuing Resolution.
4
ARTICLE 7 – NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement.
ARTICLE 8 – CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall
be admitted to any share or part of this agreement or to any benefit to arise therefrom. ARTICLE 9 – LAWS AND REGULATIONS
This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis to nonfederal recipients, in accordance with all applicable laws, regulations and policies.
ARTICLE 10 – LIABILITY APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680).
ARTICLE 11 – NON-DISCRIMINATION CLAUSE The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. Not all prohibited bases apply to all programs.
ARTICLE 12 – MN DATA PRACTICES ACT Audit Disclosure and Data Practices. To the extent not contrary to federal law, regulation or
policy, as set forth under Minnesota Statutes Section 16.05, Subd. 5 the books, records, documents and accounting procedures and practices of APHIS-WS 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. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data
Practices Act). To the extent not contrary to federal law, regulation or policy 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 APHIS-WS in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act
5
and APHIS-WS shall comply with those requirements as if it were a government entity. All
subcontracts entered into by APHIS-WS in relation to this Agreement shall contain similar Data Practices Act compliance language.
ARTICLE 13 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS
This agreement shall become effective on December 16th, 2019 and shall continue through September 30th, 2020. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the end date at least 10 days prior to expiration of the agreement. Also, this agreement may be
terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS-WS is relieved of the obligation to provide services under this agreement.
6
In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury
requires a Taxpayer Identification Number for individuals or businesses conducting business with the agency.
Cooperator’s Tax ID No.: 41-0855460 APHIS-WS’s Tax ID: 41-0696271
CITY OF EDEN PRAIRIE, MN:
UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES
_______________________________________ _______________________ Gary Nohrenberg, State Director Date USDA, APHIS, WS
644 Bayfield St., Ste. 215
St. Paul, MN 55107
_______________________________________ _______________________
Willie D. Harris Date Director, Eastern Region USDA, APHIS, WS 920 Main Campus Drive
Suite 200
Raleigh, NC 27606
_______________________________________ _______________________ Ronald A. Case, Mayor Date City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
_______________________________________ _______________________ Rick Getschow, City Manager Date City of Eden Prairie
8080 Mitchell Road Eden Prairie, MN 55344
7
WORK PLAN Introduction
In accordance with the Cooperative Service Agreement between The City of Eden Prairie and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the period of this agreement.
The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes referred to as IPM or “Integrated Pest Management”) in which a series of methods may be used or recommended to reduce wildlife damage. These methods include the alteration of cultural practices as well as habitat and behavioral modification to prevent damage. However, controlling wildlife damage may require that the offending animal(s) are killed or that the
populations of the offending species be reduced. Program Objective
To assist the Eden Prairie, MN in managing nuisance and damaging wildlife species within the City of Eden Prairie’s jurisdiction. Plan of Action WS personnel will remove deer from City-designated control areas using suppressed firearms equipped with night vision or thermal imaging scopes. Spotlights may also be used while conducting control activities. Safe shooting zones and safe back-drops will be established for all control areas. WS will prioritize public safety during all control operations and utilize a
minimum of 2 WS personnel when conducting deer control work. Most deer control activities will be conducted at dusk/night. All control activities will be coordinated with Mathew Bourne, Parks and Natural Resource Manager and the Eden Prairie Police department. WS personnel will advise local law enforcement and the appropriate local Minnesota Department of Natural Resources Conservation officer when firearm related wildlife control work is being conducted.
Under this agreement, WS will provide up to 26 scouting/bait site maintenance visits and up to 13 visits to conduct white-tailed deer control activities. The number of site visits provided may be altered to ensure that funding expenditures do not exceed the amount established in the Financial Plan of this document.
As part of this agreement, WS will also remove or assist in the removal of other nuisance or damaging wildlife species as requested by the City of Eden Prairie and mutually agreed upon. WS will use generally accepted wildlife damage management tools, equipment and techniques to conduct all removal activities under this agreement.
8
FINANCIAL PLAN
Cost Element Full Cost
Personnel Compensation 16,303.58
Travel 0
Vehicle fuel/use 1,465.00
Other Services Supplies, Materials and Equipment 1,500.00
Subtotal (Direct Charges) 19,268.58
Pooled Job Costs [for non-Over-the Counter
projects] 11.00% 2,119.54
Indirect Costs 16.15% 3,111.88
Agreement Total 24,500.00
The distribution of the budget from this Financial Plan may vary as necessary to
accomplish the purpose of this agreement, but may not exceed:
24,500.00
Financial Point of Contact/Billing Address:
APHIS-WS: City of Eden Prairie, MN Connie Timm Mathew Bourne
34912 U.S. Hwy. 2 10801 Town Square Dr. Grand Rapids, MN 55744 Eden Prairie, MN 55449 218-327-3350 952-949-8535
Constance.l.timm@usda.gov
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Approve Change Orders for the Staring Lake Park Building Project
ITEM NO.:
VIII.R.
Motion
Move to: Approve Change Orders #1-4 with Ebert Construction for the Staring Lake Park Building Project in the amount of $49,646.11. Synopsis Throughout the building project, staff and our contractors had to make minor changes to the building plans in order to provide the best product possible. Some of these changes resulted in a
credit going back to the City, while some resulted in additional costs. Background
The City entered into a contract with Ebert Construction in March of 2019 for the reconstruction of the park building at Staring Lake Park. DSO Architects and HTPO, Inc. designed and provided building and civil plans for the project and served as construction administers on behalf of the City. Throughout the construction process, staff and our consultants made changes to the plans in order to
provide the best product possible. Some of these included; changes to materials used, adding additional electrical in areas inside and outside of the building, or adding additional safety features. Recommendation
Staff and our consultants agree with all of the changes and recommend approval of the changes to the contract. Attachment
Change Orders #1-4
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION:
Receive and Declare Public Right of Way
ITEM NO.:
VIII.S.
Requested Action Move to: Approve resolution authorizing the City of Eden Prairie to receive and declare public right of way.
Synopsis As part of the South West Light Rail Transit project (SWLRT) the Metropolitan Council acquired an Outlot for the construction of the Golden Triangle Station, public plaza and adjacent park and ride
facility. The SWLRT site design includes a shared access driveway for the park and ride facility and
adjacent TAGS Gymnastics parking lot located at 10300 West 70th Street. The Metropolitan Council is proposing to transfer, at no cost to the city, that portion of the Outlot where the shared access between the park and ride and TAGS Gymnastics parking lot is located to the City of Eden Prairie so that this may become public road right of way.
Background Information Prior to the SWLRT project TAGS Gymnastics had two driveways with direct access to W. 70th Street right of way. Due to the addition of a park and ride facility at the Golden Triangle Station the
existing TAGS Gymnastics driveway on the western edge of their property is being relocated and
combined with the new park and ride driveway to eliminate unnecessary conflict points along W. 70th Street. Through this transfer of property from the Metropolitan Council to the City of Eden Prairie, TAGS Gymnastics will once again have two driveways with direct access to W. 70th Street right of way, and the City can eliminate the need for a third driveway near the station which will
benefit pedestrian safety in this high movement corridor.
Attachments Resolution
Exhibit A
Exhibit B
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- RESOLUTION AUTHORIZING THE CITY OF EDEN PRAIRIE TO RECEIVE AND DECLARE PUBLIC RIGHT OF WAY WHEREAS, the City of Eden Prairie is a political subdivision, organized and existing under the laws of the State of Minnesota (the “City”); and WHEREAS, the City has been a partner in planning for the Southwest Light Rail Transit project (the “Project”); and WHEREAS, the Project will extend the METRO Green Line from downtown Minneapolis through the communities of St. Louis Park, Hopkins, Minnetonka and the City; and WHEREAS, the City reviewed the Project layout and provided Municipal Consent on the 15th day of September 2015; and WHEREAS, the Metropolitan Council has acquired the real property needed for the Project; and WHEREAS, the Metropolitan Council has acquired real property known as Parel 302 in fee for the construction and operation of Golden Triangle Station located on West 70th Street in the City; and WHEREAS, after Project construction, a portion of Parcel 302, as described on the attached Exhibit A and as shown on the attached Exhibit B (the “Property”) will be used as road right of way; and WHEREAS, that upon Project completion, the Metropolitan Council desires to transfer the Property to the City at no cost. NOW, THEREFORE, BE IT RESOLVED, that upon tender of a deed to the Property from the Metropolitan City Council approves acceptance of the Property and hereby declares the Property shall be used as public right of way by the City in perpetuity for road right-of-way purposes subject to amendment, modification or termination by written agreement of the parties. NOW, THEREFORE, BE IT FURTHER RESOLVED, that as part of the transfer of the Property, the Council requires that the Metropolitan Council enter into an agreement with the City, to be approved by the Council regarding the use, operation and maintenance of the Property.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that pursuant to Minnesota Statutes Section 462.365 the Council finds that this proposed acquisition has no relationship to the
Municipal Comprehensive Plan and as a result it does not require review and findings by the
Planning Commission.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of January, 2020.
___________________________
Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk
NOPARKINGNOPARKING
NOPARKING
DRAFT-WORK IN PROCESSSOUTHWEST LIGHT RAILPARCEL 303DRIVEWAY EASEMENTRev 011/20/2019PARCEL 303PROPOSEDRIGHT-OF-WAYPROPOSEDTEMPORARYEASEMENTW 70TH ST
115'33'EXHIBIT B
EXHIBIT A
The West 33 feet of the South 115 feet of Tract A described below:
Tract A. That part of Lot 1, Block 1 and Outlot A, LIBERTY PLAZA, according to the plat thereof on file and of record, which lies northeasterly of Line 2 described below and also lies southwesterly and southeasterly of Line 4
described below;
Tract B. That part of Lot 1, Block 2 and Outlot B, LIBERTY PLAZA, according to the plat thereof on file and of record, which lies southeasterly, easterly and northerly of Line 1 described below and also lies northwesterly and
westerly of Line 3 described below;
Tract C. That part of Lot 1, Block 1, MN TX BUSINESS CAMPUS, except that part of adjoining vacated West 70th Street lying westerly of the northerly extension of the east line of the plat of Lee Data, according to the plats
thereof on file and of record, which lies westerly of Line 3 described below;
Tract D. That part of Lot 1, Block 1, MN TX BUSINESS CAMPUS, except that part of adjoining vacated West 70th Street lying westerly of the northerly extension of the east line of the plat of Lee Data, according to the plats
thereof on file and of record, which lies westerly and northerly of Line 5
described below; the titles thereto being registered as evidenced by Certificate of Title No. 1495163;
Line 1. Commencing at the most southerly southwest corner of said Outlot B,
LIBERTY PLAZA; thence northwesterly on an azimuth of 313 degrees 16 minutes 09 seconds along the southwest line of said Outlot B for 8.32 feet, more or less, to the most westerly southwest corner of said Outlot B and the point of beginning of Line 1 to be described; thence on an azimuth
of 49 degrees 00 minutes 52 seconds along the northwest line of said
Outlot B for 323.17 feet; thence on an azimuth of 40 degrees 52 minutes 58 seconds for 174.30 feet; thence on an azimuth of 39 degrees 53 minutes 33 seconds for 51.51 feet; thence on an azimuth of 0 degrees 17 minutes 30 seconds for 24.00 feet; thence on an azimuth of 5 degrees 43
minutes 14 seconds for 127.80 feet; thence on an azimuth of 359 degrees
00 minutes 27 seconds for 584.58 feet; thence on an azimuth of 359 degrees 30 minutes 28 seconds for 40.11 feet; thence continuing on the last described course for 15.17 feet; thence on an azimuth of 269 degrees 31 minutes 24 seconds for 41.65 feet; thence on an azimuth of 305
degrees 47 minutes 38 seconds for 9.86 feet; thence on an azimuth of 342
degrees 03 minutes 53 seconds for 16.28 feet to the north line of said Lot 1, Block 2, LIBERTY PLAZA and there terminating;
Line 2. Commencing at the northeast corner of said Outlot A, LIBERTY PLAZA; thence westerly on an azimuth of 273 degrees 14 minutes 16 seconds
along the north line of said Outlot A for 341.50 feet to an angle point in the
north line of said Outlot A; thence on an azimuth of 282 degrees 16 minutes 45 seconds along the north line of said Outlot A for 6.01 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 167 degrees 46 minutes 59 seconds for 657.56 feet to the south line of
said Lot l, Block 1, LIBERTY PLAZA and there terminating;
Line 3. Commencing at the most southerly southwest corner of said Outlot B, LIBERTY PLAZA; thence easterly on an azimuth of 93 degrees 16 minutes 03 seconds along the south line of said Outlot B for 128.92 feet to
the point of beginning of Line 3 to be described; thence on an azimuth of
48 degrees 10 minutes 23 seconds for 420.56 feet; thence on an azimuth of 9 degrees 58 minutes 49 seconds for 212.05 feet; thence on an azimuth of 359 degrees 15 minutes 25 seconds for 719.03 feet; thence on an azimuth of 37 degrees 38 minutes 24 seconds for 33.35 feet to the north
line of said Lot 1, Block 1, MN TX BUSINESS CAMPUS and there
terminating; Line 4. Commencing at the northeast corner of said Outlot A, LIBERTY PLAZA; thence westerly on an azimuth of 273 degrees 14 minutes 16 seconds
along the north line of said Outlot A for 280.09 feet to the point of
beginning of Line 4 to be described; thence on an azimuth of 166 degrees 18 minutes 39 seconds for 261.20 feet; thence on an azimuth of 77 degrees 47 minutes 12 seconds for 8.00 feet; thence on an azimuth of 167 degrees 46 minutes 59 seconds for 81.38 feet; thence on an azimuth of 77
degrees 46 minutes 59 seconds for 171.98 feet; thence northeasterly for
53.98 feet on a non-tangential curve, concave to the northwest, having a radius of 39.00 feet, a delta angle of 79 degrees 18 minutes 21 seconds and a chord azimuth of 38 degrees 13 minutes 26 seconds to the east line of said Outlot A and there terminating;
Line 5. Commencing at the most northerly northeast corner of said Lot 1, Block 1, MN TX BUSINESS CAMPUS; thence westerly on an azimuth of 270 degrees 35 minutes 45 seconds along the north line of said Lot 1 for 166.29 feet to the point of beginning of Line 5 to be described; thence on
an azimuth of 180 degrees 35 minutes 45 seconds for 6.23 feet; thence on
an azimuth of 269 degrees 09 minutes 50 seconds for 253.84 feet to the north line of said Lot 1, Block 1, MN TX BUSINESS CAMPUS and there terminating;
Agreement No. PW 26-49-19 Maintenance Agreement Count Project No. 2192500 County State Aid Highway No. 62 City of Eden Prairie County of Hennepin
1 ___
COST PARTICIPATION AND MAINTENANCE AGREEMENT This Agreement is made and entered into this ____________day of ___________, 20________ (“Effective Date”), by and between the County of Hennepin, a body politic and corporate under
the laws of the State of Minnesota, hereinafter referred to as the “County”, and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “City,” and collectively hereinafter referred to as the “Parties.” Recitals
1. There exists a storm water detention pond No. 05-11-A in the county road right of way along County State Aid Highways (CSAH) 62 (Townline Road) between Trunk Highway (TH) 101 and CSAH 4 inside of the corporate limit of the City.
2. The sediment detention pond was constructed as a part of a CSAH 62 improvement project under a joint effort between the County and the City. 3. As the pond is co-owned by the County and the City and the contributing flow into the pond
from the County’s and the City’s impervious surfaces are equally divided among the Parties,
the maintenance costs and responsibilities are apportioned fifty percent (50%) to the County and fifty percent (50%) to the City. 4. The pond currently is in need of restoration. Sediment has built up and needs to be removed.
Trees, shrubs and vegetation need to be cleared and replanted as needed for erosion control
purposes. 5. The City’s Engineer has prepared an Apparent Low Bid Document in the amount of Fifty Eight Thousand One Hundred Ninety Seven Dollars and Fifty Cent ($58,197.50) and the
document is attached as Exhibit “A.”
6. The County and the City desire to enter into this Agreement to outline each party’s financial responsibilities in the restoration work, the details of which are listed in Exhibit “B” Special Conditions for Pond 05-11-A Improvements which shall hereinafter be referred to as the
“Project,” and future maintenance responsibilities of the improvements.
7. The Project will be carried out by the Parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59.
Agreement No. PW 26-49-19
CSAH No. 62; C.P. 2192500
2 _____
Agreement NOW, THEREFORE, the Parties agree as follows:
1. Term of Agreement, Survival of Terms, and Exhibits. Effective Date. The term of this Agreement commences on the Effective Date above written or on the date on which the last signature was obtained, whichever date shall
be later.
Expiration Date. This agreement will expire after all obligations have been satisfactorily fulfilled.
Survival of Terms. Provisions that by their nature are intended to survive the term,
cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: Maintenance Responsibilities, Records/Audits, Indemnification, Insurance, Worker Compensation Claims, Cancellation and Termination, and Minnesota Laws Govern.
Exhibits. The City Engineer’s Apparent Low Bid Document called Exhibit “A” and Special Conditions for Pond 05-11-A Improvements called Exhibit “B” are attached and incorporated into this Agreement.
2. The City’s Construction Responsibilities.
Contract Award and Administration. The City or its agents shall prepare the necessary plans, specifications, and proposal; obtain approval of the plans and specifications from the County; advertise for bids for the work and construction;
receive and open bids pursuant to the advertisement; enter into a contract with the
successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and perform the required engineering and inspection; all in accordance with the plans and specifications set forth below.
Plans and Specifications.
2.2.1. All design work performed by the City and its agents that is to be incorporated into the bidding documents for the Project shall be prepared and certified by a Professional Engineer licensed in the State of Minnesota. All designs, which affect
County facilities, shall conform to Minnesota Department of Transportation
(MnDOT) Design Standards applicable to County State Aid Highways. 2.2.2 Prior to beginning construction. The City shall furnish the County with plans and specifications for review and approval as follows: electronic submittals at 60%,
90%, and 100%; comment response letter with 90% and 100% package; hard copy of
plans at 100% with title sheet for county signature. Title sheet for county signature
Agreement No. PW 26-49-19
CSAH No. 62; C.P. 2192500
3 _____
must arrive two weeks prior to Project advertisement and include City signature.
Upon completion of the Project, the City or its agents shall furnish the County with a
complete set of as-built plans certified as to their accuracy by the City Engineer. The as-designed plans, specifications and as-built plans for the Project shall be provided by the City at no cost to the County. All designs and plans shall be submitted to Public Works Transportation Project Delivery Design Division Manager.
2.2.3. Permits and Approvals . The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. The permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request.
Construction Supervision and Inspection. The City or its agents will administer the construction contract, perform all necessary engineering, inspection and testing of all the contract work. All work for the Project shall be completed in compliance with the County approved plans and specifications. The County Highway Engineer
or a designated representative shall have the right, as the work progresses, to enter
upon the job site to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work.
Plan Changes and Additional Construction.
2.4.1. The County agrees that the City may make changes in the plans or in the character of the contract construction that are reasonably necessary to cause the construction to be in all things performed and completed in a satisfactory manner.
It is further agreed by the County that the City may enter into any change orders or
supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project.
2.4.2. The County shall have the right to review any proposed changes to the plans
and specifications as they relate to the County's cost participation prior to the work being performed, and in those instances where the proposed changes necessitate a re-engineering of the design and/or specifications, the City shall submit the re- engineered design and/or specifications to the County. The County Highway
Engineer or designated representative shall respond to the City’s request for
approval to authorize the issuance of any negotiated change orders or supplemental agreements prepared by the City that affect the County's share of the construction cost within a reasonable time frame.
3. The City’s Maintenance Responsibilities.
Upon completion of the Project, the City shall own and shall be responsible for all routine maintenance, restoration or repair, including but not limited to activities associated with regular (daily, weekly, monthly, etc.) and general upkeep against
normal wear and tear, required thereafter, at no expense to the County.
Agreement No. PW 26-49-19
CSAH No. 62; C.P. 2192500
4 _____
It shall not be the obligation of the City under this Maintenance Responsibilities
section to do any work other than as provided herein which would be construed as extraordinary maintenance, betterment, construction or reconstruction. In the event that such work is required, the County and the City shall enter into separate agreements which shall specify the type of work to be performed and the division of
cost for such work. All requests by the City for such work must be submitted for
approval no later than March 1 of the year preceding the anticipated construction and shall be approved by the County Engineer prior to the implementation of any system modifications.
4. Cost Participation. The County will cost participate under this Agreement as follows:
The County’s cost participation in the Project shall be a not to exceed (NTE) amount of Thirty Thousand Dollars and No Cents ($30,000.00). The City understands and agrees that the County’s total and only cost participation for the Project shall be a
NTE of $30,000.00.
Upon completion of the Project, the City shall notify the County and submit an invoice for one hundred percent (100%) of the County’s share of the costs for the Project. The invoice shall include: date of invoice, invoice number, name of the
project manager (Mr. Brian Langseth), project name, county project number (CP
2192500), contract number, and purchase order number. The City shall include one project per invoice, provide the county with complete as built plans, and before and after photographs of the project. Upon approval and acceptance of the completed Project by the County Engineer or designated representative and within forty-five
(45) days of receipt of the invoice, the County shall reimburse the City for its share of
the costs for the Project. Invoices and supporting documentation should be mailed to: Hennepin County Accounts Payable, P.O. Box 1388, Minneapolis, MN 55440-1388. An electronic
copy of all invoices and project documentation should also be submitted to
Brian.Langseth@hennepin.us 5. Authorized Representatives. In order to coordinate the services of the County with the activities of the City and vice versa so as to accomplish the purposes of this Agreement, the
Hennepin County Highway Engineer or designated representative and the City Engineer or
designated representative shall manage this Agreement on behalf of the County and the City. County of Hennepin: Brian Langseth
Transportation Operations Department / Asset Management Division
Sr. Administrative Manager Hennepin County Public Works 1600 Prairie Drive, Medina, MN 55340 Office: 612-596-0332
Brian.Langseth@hennepin.us
Agreement No. PW 26-49-19
CSAH No. 62; C.P. 2192500
5 _____
City of Eden Prairie: Patrick Sejkora, PE
Water Resources Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Office: 952-949-8360
psejkora@edenprairie.org 6. Assignment, Amendments, Default, Waiver, Agreement Complete, and Cancellation and Termination. Assignment. The City shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the County.
Amendments. Any alterations, variations, modifications or waivers of provisions of
this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Parties hereto. Default. If the City fails to perform any of the provisions of this Agreement or so fails
to administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the City's default is excused by the County, the County may upon written notice immediately cancel this Agreement in its entirety. Waiver. The County's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. Agreement Complete. The entire Agreement between the Parties is contained herein
and that this Agreement supersedes all oral agreements and negotiations between the
Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Cancellation and Termination. This Agreement may be terminated or cancelled by
each party by mutual agreement with or without cause by either party upon sixty (60)
day written notice. This Agreement shall be terminated or cancelled by any party upon a material breach by the other party. In the event of such a cancellation, the City will be entitled to a prorated payment for the months and fractional months, if any, that this Agreement was in effect.
7. Indemnification. The County and the City agree to defend, indemnify and hold each other harmless, including its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of either
party or either party’s consultant or sub consultant, anyone directly or indirectly employed by
them, and/or anyone for whose acts and/or omissions they may be liable in the performance
Agreement No. PW 26-49-19
CSAH No. 62; C.P. 2192500
6 _____
of the services required by this contract, and against all loss by reason of the failure of either
party to perform fully, in any respect, all obligations under this contract. The Parties’
liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 8. Insurance. The City also agrees that any future contract let by the City for the performance
of any of the work included hereunder shall include clauses that will: 1) Require the
contractor to indemnify and hold the County, its commissioners, officers, agents and employees harmless from any liability, claim, demand, judgments, expenses, action or cause of action of any kind or character arising out of any act or omission of said contractor, its officers, employees, agents or subcontractors and 2) Require the contractor to be an
independent contractor for the purposes of completing the work provided for in this
Agreement; and 3) Require the Contractor to provide and maintain the following insurance so as to assure the performance of its hold harmless obligation: Limits
(1) Commercial General Liability on an occurrence Basis with contractual liability coverage:
General Aggregate $2,000,000
Products - Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000
Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations
Covered under this Agreement. (2) Automobile Liability:
Combined Single limit each occurrence coverage or the
equivalent covering owned, non-owned, and hired automobiles: $1,500,000
(3) Workers’ Compensation and employer’s Liability:
Work Workers’ Compensation: Statutory
If the Contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Employer’s Liability. Bodily injury by:
Accident – Each Accident $500,000
Disease – Policy Limit $500,000 Disease - Each Employee $500,000
(4) Professional Liability – Per Claim and Aggregate: $2,000,000
Agreement No. PW 26-49-19
CSAH No. 62; C.P. 2192500
7 _____
The above listed Professional Liability insurance will not be required in any
construction contract let by City if the City’s Contractor is not required to perform design engineering as part of the construction contract. An umbrella or excess policy over primary liability coverages is an acceptable
method to provide the required insurance limits.
The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with the Project.
All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. 9. Worker Compensation Claims. Any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the
Unemployment Compensation Act of the State of Minnesota on behalf of the
employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or
the Unemployment Compensation Act of the State of Minnesota on behalf of the
employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City.
10. Records/Audits. The City agrees that the County, the State Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the Project
and the accounting practices and procedures of the City which involve transactions relating
to this Agreement. 11. Nondiscrimination. The provisions of Minnesota Statute Section 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative
Action Policy statement of Hennepin County shall be considered a part of this Agreement as
though fully set forth herein.
Agreement No. PW 26-49-19
CSAH No. 62; C.P. 2192500
8 _____
12. Minnesota Laws Govern. The laws of the state of Minnesota shall govern all questions and
interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the state of Minnesota.
(This space left intentionally blank)
Agreement No. PW 26-49-19
CSAH No. 62; C.P. 2192500
9 _____
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE
Seal
By: Mayor
Date: ___________________________________
And: Manager
Date:
COUNTY OF HENNEPIN ATTEST: By: By:__________________________________
Deputy/Clerk of the County Board Chair of its County Board
Date: Date: ________________________________ APPROVED AS TO FORM: And: ________________________________ County Administrator
By: Date: ________________________________ Assistant County Attorney And:_________________________________ Date: Assistant County Administrator, Public Works
Date:________________________________ APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By:_________________________________
Assistant County Attorney County Highway Engineer Date: Date:________________________________ RECOMMENDED FOR APPROVAL
By:_________________________________ Department Director, Transportation Operations Date:________________________________
Agreement No. PW 26-49-19
CSAH No. 62; C.P. 2192500
10 _____
EXHIBIT “A”
Apparent Low Bid Document
EXHIBIT “B” Special Conditions for Pond 05-11-A Improvements
Item No.Bid Item Units Estimated
Qualtity Unit Price Sub Total Unit Price Sub Total Unit Price Sub Total Unit Price Sub Total
1 Mobilization/Demobilization LS 1 $10,000.00 $10,000.00 $2,500.00 $2,500.00 $9,950.50 $9,950.50 $10,500.00 $10,500.00
2 Dewatering LS 1 $30,000.00 $30,000.00 $1,000.00 $1,000.00 $5,850.00 $5,850.00 $8,000.00 $8,000.00
3 Traffic Control LS 1 $1,000.00 $1,000.00 $800.00 $800.00 $1,200.00 $1,200.00 $1,100.00 $1,100.00
4 Inlet Protection EA 4 $400.00 $1,600.00 $110.00 $440.00 $150.00 $600.00 $150.00 $600.00
5 Bioroll LF 505 $7.50 $3,787.50 $5.00 $2,525.00 $5.00 $2,525.00 $3.75 $1,893.75
6 Street Sweeper HR 5 $150.00 $750.00 $120.00 $600.00 $150.00 $750.00 $165.00 $825.00
7 Clear & Grub Tree EA 2 $750.00 $1,500.00 $400.00 $800.00 $650.00 $1,300.00 $800.00 $1,600.00
8 Install Tree - Canadian Flowering Cherry EA 1 $1,395.00 $1,395.00 $650.00 $650.00 $1,000.00 $1,000.00 $840.00 $840.00
9 Install Tree - White Pine EA 1 $950.00 $950.00 $650.00 $650.00 $1,000.00 $1,000.00 $840.00 $840.00
10 Category 3N Erosion Control Blanket SY 350 $4.00 $1,400.00 $2.00 $700.00 $3.25 $1,137.50 $5.25 $1,837.50
11 Seed Mixture 35-241 LB 7 $40.00 $280.00 $25.00 $175.00 $27.00 $189.00 $28.00 $196.00
12 Seed Mixture 33-261 LB 0.5 $30.00 $15.00 $25.00 $12.50 $186.00 $93.00 $210.00 $105.00
13 Seed mixture 25-131 LB 15 $5.00 $75.00 $25.00 $375.00 $9.00 $135.00 $27.50 $412.50
14 Fertilizer Type 4 LB 20 $1.50 $30.00 $10.00 $200.00 $3.00 $60.00 $5.25 $105.00
15 Fertilizer Type 3 LB 15 $1.50 $22.50 $10.00 $150.00 $3.00 $45.00 $5.25 $78.75
16 Haul and Stockpile Unregulated Fill CY 720 $25.00 $18,000.00 $51.00 $36,720.00 $42.00 $30,240.00 $60.00 $43,200.00
17 Sodding type lawn SY 230 $10.00 $2,300.00 $6.00 $1,380.00 $19.50 $4,485.00 $16.00 $3,680.00
18 Rock Construction entrance EA 1 $1,000.00 $1,000.00 $800.00 $800.00 $1,200.00 $1,200.00 $2,000.00 $2,000.00
19 Sandbags SF 12 $15.00 $180.00 $10.00 $120.00 $88.00 $1,056.00 $15.00 $180.00
20 Orange Construction Fencing LF 100 $3.00 $300.00 $3.00 $300.00 $5.00 $500.00 $6.75 $675.00
21 Silt Fence LF 50 $5.00 $250.00 $6.00 $300.00 $5.00 $250.00 $5.25 $262.50
22 Topsoil CY 150 $75.00 $11,250.00 $40.00 $6,000.00 $41.00 $6,150.00 $43.00 $6,450.00
23 Two Year Vegetation Warranty and Maintenance LS 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $2,800.00 $2,800.00 $2,750.00 $2,750.00
Total $87,085.00 $58,197.50 $72,516.00 $88,131.00
Engineer's Estimate Blackstone Contractors, LLC Sunram Construction, Inc.Minger Construction
Exhibit A
Apparent Low Bid Document
SC - 1
SPECIAL CONDITIONS FOR
POND 05-11-A IMPROVEMENTS
CITY OF EDEN PRAIRIE, MINNESOTA
1. GENERAL
a. BIDDING PROCEDURE
i. The Contractor shall bid on the base quote items using their unit prices as
shown on the proposal form for the total estimated quantities. The unit quote
price shall include all necessary labor, materials, machinery, tools, apparatus,
and all other means of construction to perform the work.
b. SCHEDULE
i. A construction contract is expected to be awarded to the lowest responsive
and responsible bidder November 27, 2019.
ii. A pre-construction meeting for the project is required and will be held at
City Offices or, at the Contractor or Engineer’s request, the Project Site,
prior to the start of any work.
iii. Once the contractor initiates work on-site they will have 60 calendar days to
substantially complete the project.
iv. All work under this Contract shall be finalized by May 31, 2020.
c. LIQUIDATED DAMAGES
i. One hundred dollars ($100.00) will be deducted from any money due the
contractor for each and every calendar day the work is not substantially
complete beyond the 60 calendar day substantial completion date, or
ii. One hundred dollars ($100.00) will be deducted from any money due the
contractor for each and every calendar day the work is not finalized beyond
the final completion date of May 31, 2020.
d. PAYMENT
i. This is a joint project between the City of Eden Prairie and Hennepin
County. The City of Eden Prairie is managing the project’s design, bidding,
and construction observation. After all pay requests are approved by the
engineer at the end of the project, the City of Eden Prairie shall invoice
payment Hennepin County for 50% of work completed not to exceed Sixty
Thousand Dollars and No Cents ($60,000.00).
SC - 2
2. SUMMARY OF WORK
a. WORK COVERED BY CONTRACT DOCUMENTS
i. Work of this contract is general construction related to removal of
accumulated sediment from a stormwater detention pond. The contractor
will remove the sediment from the stormwater pond by mechanical
excavation with an excavator and truck. The contractor will haul away and
dispose of the sediment and restore the site to its original condition.
ii. Work specifically included in this contract includes:
1. Mobilization and demobilization
2. Inlet protection
3. Silt fence
4. Sediment control log
5. Flotation silt curtain
6. Temporary construction entrance
7. Clear and grub tree
8. Traffic control
9. Dewatering and site preparation
10. Excavation and disposal of unregulated fill sediment
11. Category 3 erosion control blanket
12. Seeding
13. Install tree – White Pine
14. Install tree – Canadian Red Flowering Cherry
15. Street sweeper with pickup broom
16. Two year vegetation warranty and maintenance
iii. It is the intent of the Project Manual to cover all aspects of the project.
Should there be some item or items not shown on the drawings or not
described in these specifications which are required for the work, those items
and the furnishing of all labor, materials, and equipment shall be considered
incidental to the work and no additional compensation will be provided.
iv. The work includes the furnishing of all labor, equipment, tools, machinery,
materials, and other items required for the construction of a complete project
as specified. Equipment furnished shall be in safe operating condition and of
adequate size, capacity, and condition for the performance of the work.
Contractor shall obtain all measurements necessary for the work and shall be
responsible for establishing all dimensions, levels, and layout of the work.
v. Contractor shall be solely responsible for the coordination of its activities
with regard to the project and the activities of subcontractors and owner.
SC - 3
b. FORM OF SPECIFICATIONS
i. When the term MnDOT specification is used it is referring to the Minnesota
Department of Transportation Standard Specifications for Construction 2018
Edition or newer.
ii. Term "provide" or "provided" shall mean "furnish and install in-place."
c. SEQUENCE OF WORK
i. Contractor shall determine the sequence of work to meet the requirement of
these contract documents.
d. RESPONSIBILITY OF THE CONTRACTOR
i. The contractor shall be responsible for the scheduling and general
management of the work of the project and for the acts and omissions of all
of their employees; all subcontractors, their agents and employees; and all
other persons performing any of the work under a contract with the
contractor either above or below ground or water.
ii. The contractor shall supervise and direct the work, using its best skills and
attention. It shall be solely responsible for all construction means, methods,
techniques and procedures and for coordinating all portions of the work
under this Contract.
iii. The contractor shall be responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the work.
iv. A contractor representative who speaks English shall be on-site at all times.
e. COMMENCING WORK
i. The contractor shall not commence work nor allow any subcontractor to
commence work until the owner has issued a Notice to Proceed
ii. Work shall not commence without the approval of the engineer, acting on
behalf of the owner.
iii. Work shall not commence until all utility companies have been contacted
and any and all buried utility lines have been marked.
f. LAYOUT OF WORK
i. The contractor shall be responsible for the correct staking out of work on the
SC - 4
site. Contractor shall run all lines and grades locating the work, establish
correct datum points, and check each line and grade on the site to insure their
correctness. All such lines and grades shall be carefully preserved throughout
construction.
ii. Contractor shall verify and layout all work from dimensions given on
drawings; and shall be responsible for the corrections of all measurements,
and shall verify all grades, lines, levels, elevations and dimensions shown on
the drawings. Contractor shall take measurements and verify dimensions of
existing or old work, if any, that affect the work or to which the work is to be
fitted. Contractor shall report errors and inconsistencies to the engineer prior
to commencing work.
3. MEASUREMENT AND PAYMENT
a. SUMMARY
i. Work under this section includes descriptions of the measurement and
payment methods for each bid item including directing the contractor which
work items shall have their prices merged and which are considered
incidental to the project.
b. GENERAL
i. Unit Quantities Specified
1. Quantities and measurements indicated in the Bid Form are for
bidding and contract purposes.
2. A Change Order may be submitted if the scope of work changes.
Change order approval will be required from the owner.
ii. Measurement and Quantities
1. Measurement of quantities expressed as volume are based upon a
neat plan line protection to the work limits as determined on the Bid
Form for each item with no additional allowances for shrinkage,
swelling, or creep.
2. Measurements of quantities expressed as area shall be based upon
square dimensions using mean length and width or radius.
3. Measurement of quantities expressed as linear foot shall be based on
the length projected in plan view based on survey points (i.e., slopes
projected flat).
SC - 5
4. Lump Sum/Price Measurement: Items measured by volume, area, or
linear means or combinations, as appropriate, as a completed item or
unit of work.
iii. Payment
1. Payment for each lump sum and unit price stated in the itemized bill
shall constitute full compensation for all required labor, products,
tools, equipment, plant, transportation, services, and incidentals:
erections, application on installation of an item of the work required
to complete all work specified under that particular item including
cleanup, and all costs for doing related work as set forth in these
specifications and/or on the drawings or implied in carrying out their
intent.
a. The price bid sum stated in the itemized bid shall be deemed
to include an allowance for overhead and profit.
2. Final payment for work governed will be made on the basis of bid
quantities accepted by owner.
3. Requests for payment shall be in accordance with the General
Conditions of the construction agreement.
4. Payment will be made to the limits as specified in the contract
documents and as shown on the drawings. The payment for
quantities that exceed the contract quantities can only be obtained
through an approved change order before contract quantities are
exceeded. Change orders shall only be approved in the scope of work
specified in the contract documents and drawings.
5. No partial payments shall be made for the installation of items which
have not been tested and approved.
6. No partial payment shall be made for material delivered to the site
and stored until installation.
7. Payment for unit price items will be made monthly until completion
of each unit price based on quantity estimated by contractor, and
verified by owner. Final payment will be based on actual field
measured quantities.
8. After Project Closeout, the City of Eden Prairie shall invoice
Hennepin County for 50% of the total project cost for an amount not
to exceed Sixty Thousand Dollars and Zero Cents ($60,000).
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iv. Defect Assessment
1. Replace the work, or portions of the work, not conforming to
specified requirements.
2. If, in the opinion of owner, it is not practical to remove and replace
the work, owner will direct one of the following remedies:
a. The defective work may remain, but the unit/price will be
adjusted to a new sum/price at the discretion of owner.
b. The defective work will be partially repaired to the
instructions of owner, and the unit/sum price will be adjusted
to a new sum/price at the discretion of the owner.
3. The individual specification sections may modify these options or
may identify a specific formula or percentage sum/price reduction.
4. The authority of owner to assess the defect and identify payment
adjustment is final.
v. Non-Payment for Rejected Products
1. Payment will not be made for any of the following:
a. Products wasted or disposed of in a manner that is not
acceptable.
b. Products determined as unacceptable before or after
placement.
c. Products not completely unloaded from the transporting
vehicle.
d. Products placed beyond the lines and levels of the required
work.
e. Products remaining on hand after completion of the work.
f. Loading, hauling, and disposing of rejected products.
c. BID ITEMS
i. Mobilization and Demobilization
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1. Basis of Measurement: By lump sum.
2. Basis of Payment: Work includes preparatory work, all personnel,
equipment delivery, supplies and incidentals, including but not
limited to, those necessary for the movement to and from the project
site. Included in the contractor’s Lump Sum Contract for
mobilization as stated on the bid form. Payment of 50% shall be
made after mobilization is complete. The remaining will be paid after
demobilization is complete and the site’s original contours are
restored.
ii. Inlet Protection - Maintained
1. Basis of Measurement: By each.
2. Basis of Payment: According to the unit price as stated on the bid
form. Includes work and materials required to supply, install and
maintain inlet protection for the duration of the project in locations
shown on drawings, as necessary for permit compliance, and in
accordance with the Specifications. Payment will be made at 75%
upon installation and 25% upon removal and restoration.
iii. Silt Fence – Maintained
1. Basis of Measurement: By the lineal foot.
2. Basis of Payment: According to the unit price as stated on the bid
form. Includes work and materials required to supply, install and
maintain silt fence for the duration of the project in locations shown
on drawings, as necessary for permit compliance, and in accordance
with the Specifications. Payment will be made at 75% upon
installation and 25% upon removal and restoration.
iv. Sediment Control Log
1. Basis of Measurement: By the lineal foot.
2. Basis of Payment: According to the unit price as stated on the bid
form. Includes work and materials required to supply, install and
maintain sediment control logs for the duration of the project in
locations shown on drawings, as necessary for permit compliance,
and in accordance with the Specifications. Payment will be made at
75% upon installation and 25% upon removal and restoration.
v. Flotation Silt Curtain - Maintained
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1. Basis of Measurement: By the lineal foot.
2. Basis of Payment: According to the unit price as stated on the bid
form. Includes work and materials required to supply, install and
maintain flotation silt curtain for the duration of the project in
locations shown on drawings, as necessary for permit compliance,
and in accordance with the Specifications. Payment will be made at
75% upon installation and 25% upon removal and restoration.
vi. Temporary Construction Entrance
1. Basis of Measurement: By each.
2. Basis of Payment: According to the unit price as stated on the bid
form. Includes work and materials required to install and maintain
temporary construction entrance for the duration of the project as
specified. Payment will be made at 50% after installation. The
remaining will be paid upon removal and restoration.
vii. Clear & Grub Tree
1. Basis of Measurement: By each.
2. Basis of Payment: Contract unit price includes all costs of labor and
materials required to clear and grub existing tree. Payment will be
made at 100% upon completion.
viii. Traffic Control
1. Basis of Measurement: By lump sum.
2. Basis of Payment: The lump sum payment shall be compensation in
full for all costs of providing a Traffic Control Layout for review and
approval by the owner, furnishing, installing, maintaining, relocating,
and removing the individual traffic control devices as required.
Payment will be made at 50% after traffic control is set up and 50%
once it has been removed.
ix. Dewatering and Site Preparation
1. Basis of Measurement: By lump sum.
2. Basis of Payment: The lump sum payment shall be compensation in
full for all labor, material, and equipment costs related to setting up
and maintaining dewatering activities, as well and all labor, material,
and equipment needed to prepare the working area for the project and
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return it to its original condition. Payment will be made at 100%
after dewatering operations and site preparation is complete.
x. Excavation and disposal of unregulated fill sediment
1. Basis of Measurement: By the cubic yard of actual material hauled
off-site. Truck weight tickets and/or field measurements of
stockpiled excavated material may be used to verify volumes as
needed.
2. Basis of Payment: According to the unit price as stated on the bid
form. Includes all work and materials required to excavate, load and
haul offsite. Upon excavation, the excavated material shall become
the property of the contractor and shall be hauled offsite by the
contractor at the contractor’s expense.
xi. Category 3 Erosion Control Blanket
1. Basis of Measurement: By the square yard.
2. Basis of Payment: Includes work and materials required to install
erosion control blanket. Payment will be made at 100% upon
installation.
xii. Seed
1. Basis of Measurement: By the pound for each mix installed in place
as specified.
2. Basis of Payment: Includes preparing topsoil, preparation of seedbed,
fertilizer, seed and all correlated activity as specified. Payment will
be made at 100% upon installation.
xiii. Sod
1. Basis of Measurement: By the square yard installed in place as
specified.
2. Basis of Payment: Includes preparing topsoil, preparation of sod,
fertilizer, watering, and all correlated activity as specified. Payment
will be made at 100% upon installation.
xiv. Sandbag
1. Basis of Measurement: By the square foot installed in place (length
times height) as specified.
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2. Basis of Payment: Includes work and materials required to install
sandbag. Payment will be made at 100% upon installation.
xv. Install Deciduous Tree – 4” B&B Canadian Red Flowering Cherry
1. Basis of Measurement: By each.
2. Basis of Payment: Contract unit price includes all costs of labor and
materials required to furnish and install deciduous tree. Payment will
be made at 100% upon installation. This is a replacement tree.
Contractor shall only install new tree if deciduous tree(s) were
removed during work.
xvi. Install Coniferous Tree – 8 ft B&B White Pine
1. Basis of Measurement: By each.
2. Basis of Payment: Contract unit price includes all costs of labor and
materials required to furnish and install coniferous tree. Payment will
be made at 100% upon installation. This is a replacement tree.
Contractor shall only install tree if coniferous tree(s) were removed
during work.
xvii. Street Sweeper with Pickup Broom
1. Basis of Measurement: By the hour for a sweeper and operator.
2. Basis of Payment: Includes all labor, materials, and equipment
necessary to perform street sweeping operation as directed by the
engineer. Includes offsite disposal. Payment will be made at 100%
upon completion.
xviii. Two Year Vegetation Warranty and Maintenance
1. Basis of Measurement: by lump sum.
2. Basis of Payment: According to the unit price as stated on the bid
form. Includes warranty and maintenance as specified.
4. SITE ACCESS AND STORAGE
a. SITE ACCESS
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i. During the execution of this project, all access, movement of construction
equipment, and storage of materials shall be within the work limits identified
in the Contract Documents. The contractor’s material storage and parking
areas shall be as approved by the owner and engineer.
ii. The contractor shall be solely responsible for making arrangements for any
necessary off-site storage or shop areas.
b. HIGHWAY LIMITATIONS
i. The contractor shall make an investigation of the condition of available
public and private roads and of clearances, restrictions, bridge load limits,
and other limitations affecting transportation and ingress and egress to the
project. It shall be the contractor’s responsibility to construct and maintain
any haul roads required for its construction operations in accordance with the
provisions MnDOT Specification 2051 – Maintenance and Restoration of
Haul Roads. Contractor shall obtain all permits and pay all fees required for
oversize loads.
c. TEMPORARY LANE CLOSURE
i. Contractor shall obtain approval from owner prior to implementing any lanes
closures. The contractor shall prepare a traffic control plan where lane
closures are requested. The contractor shall be responsible for obtaining any
permit and paying all fees associated with temporary lane closures on
MnDOT or County highways.
d. TRAFFIC CONTROL
i. Submit a Traffic Control Layout for review and approval by the owner that
includes furnishing, installing, maintaining, relocating, and removing the
individual traffic control devices as required.
ii. In addition to the traffic control procedures required in the traffic control
plan, this section of traffic control requirements is applicable to any other
traffic control devices required to complete the work.
iii. For the protection of traffic in public or private streets and ways, the
contractor shall provide, place, and maintain all necessary barricades, traffic
cones, warning signs, lights, and other safety devices in accordance with the
requirements of the "Manual of Uniform Traffic Control Devices, Part VI -
Traffic Controls for Street and Highway Construction and Maintenance
Operations," published by U.S. Department of Transportation, Federal
Highway Administration (ANSI D6.1).
iv. The contractor shall take all necessary precautions for the protection of the
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work and for the safety of the public. All barricades and obstructions shall be
illuminated at night, from sunset until sunrise. The contractor shall station
such guards or flag persons and shall conform to such special safety
regulations relating to traffic control as may be required by the public
authorities within their respective jurisdictions. All signs, signals, and
barricades shall conform to the requirements of Subpart G, Part 1926, of the
OSHA Safety and Health Standards for Construction.
v. The contractor shall remove traffic control devices when no longer needed,
repair all damage caused by installation of the devices, and shall remove post
settings and backfill the resulting holes to match grade.
e. PARKING
i. The contractor shall:
1. Direct its employees to park in areas that do not obstruct local traffic
or sight lines.
2. Maintain traffic and parking areas in a sound condition, free of
excavated material, construction equipment, mud, and construction
materials.
3. Repair potholes, low areas that collect standing water, and other
deficiencies.
4. Not allow overnight parking of any vehicles or equipment on city,
County, Township, or State jurisdictional roadways and streets.
5. EROSION AND SEDIMENT CONTROL
a. SUMMARY
i. Managing storm water runoff and other related water discharges to minimize
sediment pollution during construction.
b. REFERENCES
i. The following specifications apply:
1. MnDOT Specification 2130 – Application of Water.
2. MnDOT Specification 2573 – Storm Water Management.
3. MnDOT Specification 2575 – Controlling Erosion and Establishing
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Vegetation.
c. SUBMITTALS
i. Manufacturer's certificates indicating specification conformance test results
of furnished material.
ii. Erosion Control Schedule and Site Plan
1. Conform to MnDOT Specification 1717 – Air, Land and Water
Pollution.
2. Submit when requested by engineer.
d. QUALITY ASSURANCE
i. Erosion Control Supervisor
1. Responsible for directing the erosion control operations and insure
compliance with all Federal, State, and Local Ordinances and
regulations.
ii. Certified Installer
1. Provide a certified installer to install or direct installation of erosion
and sediment control practices.
2. Certified by the University of Minnesota Erosion Control
Inspector/Installer Certification Program or approved equal.
e. PERMITS
i. Project disturbs 1 or more acres of total land area. Contractor shall submit a
completed NPDES application form for the MPCA’s General Stormwater
Permit for Construction Activity and the appropriate fees to the MPCA.
Submit a copy of the completed, signed, and dated application form to
owner.
f. SEQUENCING AND SCHEDULING
i. Install sediment control measures prior to grading activities.
ii. Coordinate construction operations so that erosion and sediment control
measures (temporary or permanent) are installed and maintained
concurrently with the remaining work of the project.
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iii. Infiltration areas and constructed infiltration systems should not be
constructed until the contributing drainage area and/or adjacent construction
has been completely stabilized. When the timing of construction is not
possible, the contractor shall insure sediment from exposed soil areas does
not enter into the filtration area or system.
iv. If the contractor fails to install erosion or sediment measures, the engineer
may withhold payment from related work until the control measures are in
place by the contractor.
1. If the contractor fails to take action ordered by the engineer to
remedy erosion or sediment control problems, the engineer shall
issue a written order to the contractor.
2. The contractor shall respond within 24 hours with sufficient
personnel, equipment, materials, and conduct the required work or be
subject to a $1,000 per calendar day deduction for noncompliance.
v. Establish permanent turf in accordance with Section TURF
RESTORATION.
m. TEMPORARY CONSTRUCTION ENTRANCE
i. Conform to MnDOT Specification 2573 – Storm Water Management.
n. MULCH
i. Conform to MnDOT Specification 3882 – Mulch Material.
ii. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of
the engineer.
o. EROSION CONTROL BLANKET
i. Conform to MnDOT Specification 3885 – Rolled Erosion Control Products.
No poly netting allowed.
p. INLET PROTECTION
i. Conform to MnDOT Specification 2573 – Storm Water Management.
ii. Wimco Road Drain Curb & Gutter or approved equal.
iii. Includes maintenance of the device for the duration of the project.
q. SEDIMENT CONTROL LOGS
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i. Conform to MnDOT Spec. 3897 – Sediment Control Log.
r. SANDBAGS
i. Conform to MnDOT Spec 3893 - Sandbags
s. TEMPORARY SEED
i. Conform to Section TURF RESTORATION.
t. SILT FENCE
i. Conform to MnDOT Specification 3886 – Silt Fence or approved equal.
ii. Hand installed or machine sliced.
u. STREET SWEEPER
i. Mechanical street sweeping is required daily during trucking operations or as
required by owner.
v. FLOTATION SILT CURTAIN
i. Conform to MnDOT Standard Specification 3887 – Flotation Silt Curtain,
and the details on the drawings.
w. GENERAL EXECUTION
i. Comply with all applicable laws, ordinances, regulations, permit
requirements, orders pertaining to erosion and sediment control and
stormwater discharge.
ii. Take necessary precautions to prevent off-site damage resulting from work
conducted on the project related to stormwater runoff.
x. INSTALLATION
i. Install temporary stormwater management and sediment control devices in
conformance with the details, typical sections, and elevations shown on the
drawings.
ii. The location of the temporary stormwater and sediment control devices may
be adjusted to accommodate actual field conditions and increase the
effectiveness of the installation.
iii. Temporary Construction Entrance
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1. Install at locations shown on the drawings or as directed by the
engineer.
2. Construct construction entrance prior to beginning grading
operations.
3. Inspection construction entrance daily for mud accumulation to
minimize tracking of sediment onto public roadways.
iv. Erosion Control Blanket
1. Install immediately in accordance with MnDOT Spec. 2575 –
Establishing Vegetation and Controlling Erosion.
2. Install blanket parallel to the direction of flow.
v. Inlet Protection
1. Provide effective storm drain inlet protection over the course of the
project until all sources with potential for discharging to inlets have
been stabilized.
2. Place devices so the driving hazards or obstructions are minimized.
The devices shall be cleaned regularly and all devices must have an
emergency overflow to reduce the potential for local flooding.
vi. Silt Fence
1. Provide effective storm protection over the course of the project until
all sources with potential for discharging downstream have been
stabilized.
2. Install fence perpendicular to flow. The fence shall be cleaned
regularly.
vii. Street Sweeper
1. Schedule and conduct all operations to minimize soil erosion and
prevent siltation and the resultant turbidity of public waters.
2. Operate at the end of each working day to collect accumulated
sediment on paved surfaces.
viii. Flotation Silt Curtain
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1. Install at locations shown on the drawings, as directed by the
engineer, and as needed to maintain compliance with NPDES permit
requirements.
y. MAINTENANCE
i. Conform to MnDOT Spec. 2575 – Establishing Vegetation and Controlling
Erosion, and as follows:
1. Inspect, maintain, and repair any washouts or accumulations of
sediment that occur as a result of construction.
2. Inspection of all erosion and sediment control items shall take place
immediately after each runoff event and at least daily during
prolonged rainfall. Any required repairs shall be made immediately.
3. The contractor shall maintain the items until they are no longer
required and removed.
4. Upon final acceptance the contractor shall remove all temporary
erosion control measures.
ii. Sediment Removal: Conform to MnDOT Spec. 2573 – Storm Water
Management.
1. If an erosion control device has been reduced in capacity by 30
percent or more, the contractor shall restore such features to their
original condition.
6. SITE CLEARING
a. SUMMARY
i. This section includes the felling, relocation and trimming of trees, brush,
shrubs, windfalls, logs, stumps, roots, fallen timber, and other vegetation.
ii. Stripping and stockpiling of sod and topsoil.
iii. The contractor may, but is not required, to remove trees identified on the
plan sheets. The contractor should try to leave trees undisturbed and only
remove those necessary to complete the work. When trees are removed,
then they shall be replaced as per the plan sheets.
b. REFERENCE SPECIFICATIONS, CODES AND STANDARDS
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i. Standard Specifications
1. MnDOT Specification 2101 – Clearing and Grubbing.
ii. Minnesota Rules Chapter 1505.
c. COORDINATION
i. The contractor shall coordinate work with others performing work at project
site.
ii. The contractor shall notify Gopher State One Call (800-252-1166) to mark
locations of utilities prior to beginning the Work.
d. HERBICIDE
i. Trees and woody plants: Garlon III or IV or equal with marker dye. Submit
product literature to engineer, at least 2 weeks in advance of use, for
approval.
ii. Other herbicides: For approval of any other herbicides, submit product
literature and proposed uses and application methods to engineer, at least 2
weeks in advance of use, for approval. Other herbicides shall not be used
without written approval of engineer.
e. APPLICABLE SPECIFICATIONS
i. The contractor shall perform all work under this section in conformance with
the provisions of MnDOT Specification 2101 – Clearing and Grubbing.
f. PROTECTION
i. The contractor shall:
1. Conduct all operations within the limits of construction, as indicated
on the drawings.
2. Protect all trees and plant materials not designated for removal.
3. Conduct operations in such a manner that does not damage protected
trees and vegetation outside of limits of construction.
g. GENERAL EXECUTION
i. Clearing consists of cutting and relocating trees, brush, windfalls, logs, and
other vegetation.
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ii. Felled trees and existing deadfall are to be removed from the project area.
iii. Do not remove or cut down trees unless approved by engineer.
iv. Do not trim trees unless approved by engineer. Trim in accordance with
generally accepted horticultural practices when partial removal of roots
necessitates trimming to save trees, and paint cut limbs greater than 1 inch in
diameter with asphalt base tree paint.
v. Protect all trees and plant materials that do not need to be removed to
complete the work.
h. TREE REMOVAL
i. Tree removal shall be completed by qualified personnel/businesses and
according to accepted horticulture practices.
i. GRUBBING
i. Herbicide stump as directed by the engineer.
j. DISPOSAL
i. All felled trees, brush, shrubs, windfalls, logs, stumps, roots, fallen timber,
and other removed vegetation are to be removed at the contractor’s expense.
k. STRIPPING
i. After clearing and grubbing have been completed, strip sod and topsoil to a
line 2 feet outside of areas to be occupied by structures, walks, roadways,
areas to be excavated or filled, and other areas shown on the drawings.
ii. Stockpile sufficient topsoil to re-spread at a uniform depth of 4 inches to all
disturbed areas identified for seeding.
1. Do not strip within drip line (branch spread) of trees identified to
remain.
7. DEWATERING
a. SUMMARY
i. Water levels will vary from area to area and season to season and dewatering
will be required for portions of the work.
ii. Dewatering shall be the sole responsibility of the contractor.
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iii. The mechanical excavation method for removing accumulated sediment will
require dewatering the stormwater pond to facilitate the excavation of
sediment to a truck for hauling to a disposal site.
b. PERFORMANCE REQUIREMENTS
i. The contractor shall dewater where necessary to complete the work. The
contractor shall be responsible for securing and adhering to necessary
permits to complete the requirements of this Section.
c. SUBMITTALS
i. Prior to commencement of excavations the contractor shall submit a detailed
plan and operation schedule for dewatering for review by the engineer. The
contractor may be required to demonstrate the system proposed and to verify
that adequate equipment, personnel, and materials will be available to
provide the necessary dewatering.
ii. The contractor’s dewatering plan must clearly indicate the method and
location of dewatering and the means of disposal of excess water.
d. QUALITY CONTROL
i. It shall be the sole responsibility of the contractor to control the rate and
discharge of the dewatering operation so as to avoid all objectionable
settlement and subsidence.
ii. The contractor shall be responsible for implementing all dewatering
operations to the extent that the integrity of the finished work is maintained.
iii. Where structures or facilities exist immediately adjacent to areas of proposed
dewatering, reference points shall be established by the owner and observed
at frequent intervals to detect any settlement or other movement that may
occur. The contractor shall be responsible for conducting the dewatering
operation in a manner that will protect adjacent structures and facilities. The
cost of repairing any damage to adjacent structures and restoration of
facilities damaged shall be the responsibility and at the expense of the
contractor.
e. EQUIPMENT
i. Dewatering may include the use of a dewatering bag, well points, sump
pumps, and/or temporary pipelines for water disposal, rock or gravel
placement, and other means conforming to the dewatering plan. Standby
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pumping equipment shall be available on the jobsite for a use as required.
ii. The contractor shall be responsible for furnishing, installing, and operating
all equipment necessary for dewatering and removal of accumulated
sediment.
iii. The contractor shall be responsible for any erosion or sediment control
measures or best management practices necessary to prevent the migration of
sediment to other surface water or municipal storm conveyances.
f. APPLICATION
i. The contractor shall be responsible for the acquisition of permits required for
dewatering while also providing the owner with a copy of the permit. The
contractor will also be responsible for the installation and maintenance of all
Best Management Practices prescribed by each permit.
ii. The contractor shall discharge water through a route approved by the owner.
Discharge shall comply with any Department of Natural Resources and
Minnesota Pollution Control Agency permit conditions.
iii. The contractor shall be fully responsible and liable for all damages which
may result from failure to keep excavations adequately dewatered.
g. GENERAL REQUIREMENTS
i. The contractor shall provide all equipment necessary for dewatering and
shall have on hand, at all times, sufficient pumping equipment and
machinery in good working condition along with competent workmen for
the operation of the pumping equipment. Adequate standby equipment shall
be kept available at all times to insure efficient dewatering and maintenance
of dewatering operation during power failure.
ii. If foundation soils subside, are disturbed or loosened by the upward seepage
of water or an uncontrolled flow of water, the contractor shall consult with
owner before proceeding.
iii. If well points or sumps are used for dewatering, the contractor shall prevent
pumping of fine sands or silts from the subsurface by adequately spacing the
well points or using sand packing or other means to provide the necessary
dewatering. The contractor shall be responsible for adequate monitoring to
ensure that the subsurface soil is not being removed by the dewatering
operation.
iv. The contractor shall release the water to its static level in such a manner as to
maintain the undisturbed state of the natural foundation soils.
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v. The contractor shall minimize the discharge of sediment laden or turbid
water to the downstream channel during dewatering to the maximum extent
practicable. The contractor shall remove any sediment deposited in the
downstream channel, basin, and/or any downstream property during the
dewatering process.
vi. Restoration of the downstream channel shall be incidental to construction.
Disposal of and deposited sediment shall be paid for by the ton.
8. EXCAVATION AND DISPOSAL OF UNREGULATED FILL SEDIMENT
a. SUMMARY
i. Excavation and disposal of unregulated fill sediment from stormwater pond.
b. GENERAL EXECUTION
i. Establish erosion control devices prior to excavation work.
ii. Notify utility companies of progress schedule so they can accomplish
relocations, removals, and holding of lines.
iii. Excavating
1. Mechanical excavation method for removing accumulated sediment
utilizing a stormwater pond dewatering system to facilitate the
excavation of sediment from the pond.
iv. Upon excavation, the excavated material shall become the property of the
contractor and shall be hauled off-site by the contractor at the contractor’s
expense.
1. Material shall be self-contained to prevent spillage along haul route.
2. Care shall be taken to prevent damage to curb, gutter, sidewalk and
streets along haul route. Any damaged facilities shall be replaced by
the contractor to the satisfaction of the engineer.
c. SUBMITTAL
i. Provide truck weight tickets.
9. TURF RESTORATION
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a. DESCRIPTION OF WORK
i. Restoration of construction area and returning site to original contours by
installation of topsoil, seed, sod, soil amendments, mulch, and erosion
control.
b. REFERENCES
i. Standard Specifications
1. MnDOT Specification 2575 – Establishing Vegetation and
Controlling Erosion.
ii. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT
Seeding Manual)
c. SUBMITTAL
i. Provide source and invoice for seed.
ii. Producer’s certificate of compliance – Written documentation verifying
compliance of mixture of seed furnished. Include percentage of various seed
species, year of production, germination rate, seed bag tags, and weed seed
content. Submit to engineer at least 5 days prior to delivery.
iii. Species within the native seed mixes species shall have their origin
documented by the Minnesota Crop Improvement Association (MCIA) to
certify that the product is a local ecotype plant.
d. PLANT ESTABLISHMENT PERIOD
i. The establishment period for plants shall begin immediately after
installation, with the approval of the engineer, and continue until the date
that the engineer performs a final inspection.
1. The establishment period for seeded areas is 2 years.
e. FIELD QUALITY CONTROL
i. Provide the engineer with seed bag tags used for identification purposes.
f. SOD
i. Conform to MnDOT Specification 3878 – Sod.
g. SEED MIX
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i. Conform to MnDOT Specification 3876 – Seed.
1. The seed mixture shall be MN State Mix 35-621 (Dry Prairie
Southeast).
a. Seeding Rate: 11 lb/acre
b. Oats cover crop if seeding October 15th to August 1st,
Seeding Rate: 100 lb/acre.
c. Winter wheat cover crop if seeding August 1st and October
15th, Seeding Rate: 100 lb/acre.
ii. Local nursery grown seed sources in the specified mix
iii. Weeds shall not exceed 0.25%
iv. Comply with current U.S. Department of Agriculture rules and regulations.
h. WATER
i. Contractor shall be responsible for water.
ii. Maintenance Year 1 – All seeded areas shall be watered ½” if rain has not
occurred for a week during the growing season.
iii. Maintenance Year 2 – All seeded areas shall be watered during Severe
Drought (D2) conditions during the growing season, as defined by the MN
State Climatology Office and MN DNR Division of Ecological and Water
Resources. Water shall be applied at a rate of ½” per week for the duration of
the Severe Drought condition.
iv. Additional watering may be needed as directed by engineer or owner.
i. TOPSOIL BORROW
i. Topsoil material in accordance with MnDOT Specification 3877 – Topsoil
Material, except as modified herein:
1. Material shall be screened and pulverized.
j. FERTILIZER
i. The fertilizer shall be a commercial mixture with the following minimum
guaranteed analysis:
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1. Nitrogen 6% by weight
2. Phosphorus 24% by weight
3. Potash 24% by weight
ii. Common fertilizer shall comply with the applicable state and federal
regulations.
iii. The fertilizer shall be delivered to the site in suitable containers labeled with
the manufacturer's guaranteed analysis. Copies of the analysis shall be
furnished to the engineer.
k. MULCH
i. Mulch shall be MnDOT Type 3 (OR MnDOT Specification 2575 –
Establishing Vegetation and Controlling Erosion, Type 1) mulch. certified
by the Minnesota Crop Improvement Association (MCIA)
l. EROSION CONTROL BLANKET
i. Conform to MnDOT Specification 3885 – Rolled Erosion Control Products,
Category 3.
m. EXAMINATION
i. Finish grade are to be inspected and approved by the engineer prior to start
of restoration.
n. PREPARATION
i. General: Conform to MnDOT Specification 2575 – Establishing Vegetation
and Controlling Erosion.
ii. Soil Preparation: Conform to MnDOT Specification 2575 – Establishing
Vegetation and Controlling Erosion.
iii. Fertilizers and Conditioners: Conform to MnDOT Specification 2575 –
Establishing Vegetation and Controlling Erosion.
1. Apply fertilizer at the recommended rate or 400 lbs. per acre (9.2
lbs/1,000 sq. ft.)
2. Apply fertilizer no more than 48 hours prior to seeding.
3. Where pH is lower than 5.5, apply lime at 3 tons per acre (140
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lbs/1,000 sq. ft.)
o. SOWING SEED
i. Conform to MnDOT Specification 2575 – Establishing Vegetation and
Controlling Erosion for the mixes specified.
p. PLACING SOD
i. Conform to MnDOT Specification 2575 – Establishing Vegetation and
Controlling Erosion.
q. EROSION CONTROL BLANKET
i. Erosion control blanket shall be installed immediately following the seeding
in accordance with MnDOT Specification 2575 – Establishing Vegetation
and Controlling Erosion, and as modified below.
1. Raking or harrowing of soil/seed shall be done before installation of
erosion control blanket.
2. Blanket shall be installed parallel to the direction of flow in all areas.
r. MAINTENANCE
i. Seed maintenance shall be done in conformance with the MnDOT Seeding
Manual Maintenance Requirements for a period of 2 years.
ii. Maintain seeded area by watering and replanting as necessary to produce
uniform stand of grass until work is accepted.
iii. Implement erosion control measures as required to keep area free of rutted or
eroded soils.
iv. All areas where vegetated ground cover has not become successfully
established shall be replanted/ re-seeded with original plant species and
densities. Successful coverage is defined as:
1. Ground Coverage Requirements:
2. End of Growing Season #1 >70%
3. End of Growing Season #2 >80%
v. Additional maintenance, mowing, herbicide treatment and weed control may
be needed as directed by engineer or owner.
vi. Any sod that does not show definite growth and establishment 30 days after
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installation shall be replaced and established at the proper season by the
contractor at the contractor’s expense.
vii. Watering of sod shall be done for a minimum period of 60 days from
installation sufficient to ensure establishment of permanent vegetation.
s. INSPECTION AND ACCEPTANCE
i. Seed evaluation at the conclusion of the establishment period shall be based
on at least one species per square foot and 90 percent of seeding per square
foot is of permanent seed species within the applied mix.
ii. When inspected landscape work does not comply with requirements, replace
rejected work and continue specified maintenance until re-inspected by
Engineer and found to be acceptable.
iii. The opinion of the Engineer shall govern in any and all disputes by the
contractor regarding the condition and disposition of unsatisfactory
maintenance procedures.
10. PLANTS
a. SECTION INCLUDES
i. Contractor to furnish plants and any planting soil required, all necessary
planting operations, including necessary watering, mulching, fertilizing,
spraying, wrapping, and pruning.
b. REFERENCES
i. The following specifications apply:
1. MnDOT Specification 2571 – Plant Installation and Establishment.
2. MnDOT Specification 2575 – Controlling Erosion and Establishing
Vegetation.
3. MnDOT Specification 3861 – Plant Stock.
4. MnDOT Specification 3877 – Topsoil Borrow
5. MnDOT Specification 3881 – Fertilizer.
6. MnDOT Specification 3882 – Mulch Material.
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ii. American Standard for Nursery Stock, ANSI Z60.1.
c. DEFINITIONS
i. Weeds: For the purpose of this project, a weed is a plant that inhibits the
establishment of species listed in article materials. Weeds may include but
are not limited to: bindweed, bentgrass, Bermuda grass, blackberry, black
locust, Canada thistle, chickweed, crabgrass, cress, dandelion, European
buckthorn, glossy buckthorn, horsetail, jimsonweed, Johnson grass,
lambsquarter, morning glory, mustard, nimble will, nutgrass, nut sedge,
perennial sorrel, pigweed, poison ivy, poison oak, quackgrass, ragweed, reed
canary grass, rush grass, Siberian elm, smooth brome grass, spotted
knapweed, tansy ragwort, tatarian honeysuckle, and wild garlic.
d. SUBMITTALS
i. Provide nursery stock list submittal materials to engineer.
ii. Quality Assurance:
1. Nursery Experience: List of 3 completed past projects.
2. Installer Experience: List of 3 completed past projects.
iii. Planting Schedule: Submit proposed planting schedule indicating dates for
each type of planting during normal seasons for such work. Submit with date
of commencement of work. Correlate with specified maintenance periods to
provide maintenance from date of installation completion. Revisions will be
accepted only upon written consent of engineer.
e. QUALITY ASSURANCE
i. Trees, Shrubs, and Plants: Provide trees, shrubs, and plants of quantity, size,
genus, species, and variety as chosen by owner/engineer. Comply with
recommendations and requirements of ANSI Z60.1 “Nursery Stock.”
Provide healthy, vigorous stock, grown in recognized nursery in accordance
with good horticultural practice and free of disease, insects, eggs, larvae, and
defects such as knots, sun-scald, injuries, abrasions, or disfigurement.
ii. Plant Names and Labels: The nomenclature used in the quote conforms, with
few exceptions, to that of the current edition of Standardized Plant Names as
adopted by the American Joint Committee on Horticulture Nomenclature.
iii. Workers: Landscaping work shall be performed by personnel familiar with
planting procedures, and work shall be carried out under the direction of a
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qualified planting supervisor.
iv. Inspection: engineer retains the right to inspect trees and shrubs for size and
condition of balls and root systems, insects, injuries and latent defects, and to
reject unsatisfactory or defective material at any time during progress of
work. Remove rejected trees or shrubs within 8 hours from the project site.
v. All plant material shall be hardy stock grown in a similar hardiness zone.
vi. Fertilizer Manufacturer’s Certificate of Compliance: Written documentation
verifying compliance with chemical analysis of fertilizer furnished. Submit
to engineer five (5) days prior to bulk delivery.
f. REGULATORY REQUIREMENTS
i. Comply with regulatory agency requirements for fertilizer and herbicide
compositions.
g. DELIVERY, STORAGE, AND HANDLING
i. Nursery Stock:
1. Deliver all materials in accordance with MnDOT Specification 3861
– Plant Stock.
2. Deliver stock after planting preparations have been completed and
plant immediately.
3. Deliver plant material direct from nursery. Heel in immediately upon
delivery if not to be planted within four hours, covering with moist
soil or mulch to protect from drying. Store plants in shade and
protect from weather.
ii. Fertilizer:
1. Deliver small quantities in waterproof bags showing weight,
chemical analysis, and name of manufacturer. Advance approval by
the engineer is required prior to bulk delivery in containers or by
truckload.
h. PROJECT/SITE CONDITIONS
i. Proceed with complete landscape work upon notification from engineer.
ii. Utilities: Determine location of underground utilities and perform work in a
manner, which will avoid possible damage. Hand excavate, as required.
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Maintain grade stakes set by others until removal is mutually agreed upon by
both parties concerned.
iii. Excavation: When conditions detrimental to plant growth are encountered,
such as rubble fill, adverse drainage conditions, or obstructions, notify
engineer before planting.
iv. Planting Time: Plant or install materials during normal planting seasons for
each type of landscape work required. Correlate planting with specified
maintenance periods to provide maintenance up to date of owner acceptance.
v. Protect established turf areas during planting operations.
i. SEQUENCING AND SCHEDULING
i. Planting Seasons:
1. Spring: April 15 to June 15
2. Fall: August 20 to October 31.
3. Other Dates: At the approval of the engineer.
j. MATERIALS
i. Topsoil: Conform to section TURF RESTORATION.
ii. Mulch: Double shredded hardwood mulch shall conform to MnDOT
Specification 3882 – Mulch Material, Type 6.
iii. Fertilizer:
1. Conform to MnDOT Specification 3881 – Fertilizer.
2. Complete fertilizer, 50 percent of the nitrogen derived from natural
organic sources or urea form.
3. 5-10-5, N-P-K granular fertilizer.
iv. Plant and Nursery Stock: MnDOT Specification 3861 – Plant Stock as
follows:
1. Prune all bare root and basal sprouts.
2. Remove all dead, rubbing, damaged, or diseased branches.
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3. Leave leaders intact while removing all stubs.
4. Trees (balled & burlapped) as designated in drawings.
5. Shrubs (potted) as designated in drawings.
6. Grasses, sedges, and forbs (potted) as designated in drawings.
v. Compost:
1. Conform to MnDOT Specification 3890 – Compost, Grade 2
Compost.
vi. Pre-Emergent Herbicide:
1. Upland Areas: Broad spectrum, non-selective herbicide used to
eliminate undesirable woody and herbaceous vegetation in upland
areas. Herbicide shall contain 53.8% glyphosate and 46.2% inert
ingredients. Submit product literature to engineer, at least 2 weeks in
advance of use, for approval.
2. Wetland & Riparian Area: Broad spectrum, non-selective herbicide
used to eliminate undesirable woody and herbaceous vegetation in
wetland & riparian areas. Herbicide shall contain 53.8% glyphosate
and 46.2% inert ingredients, and shall be safe for use in wetland
areas. Submit product literature to engineer, at least 2 weeks in
advance of use, for approval.
k. ACCESSORIES
i. Tree Wrapping: Arbortape or equal.
ii. Stakes: 3” diameter Cedar or 2”x2” square Oak x 6 feet long, pointed end,
free of defects or painted steel posts. Provide protective caps on stake tops.
(Provide 3 per tree.)
iii. Staking and Guys: Arbortie by Deep Root or approved equal, 1(800) 458-
7668.
iv. Safety Flags for Guys: Fluorescent orange surveyor’s plastic tape. Minimum
6-inches.
v. Soil Amendments: Porous ceramics and hydrophilic absorbing polymers,
used to modify the physical characteristics of poor soils by balancing or
managing water and oxygen in the soil, will be reviewed for approval based
on the information provided by the product label and the manufacturer’s
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recommendations.
vi. Water: Non-deleterious to plants and animals.
l. PLANT INSTALLATION
i. Digging:
1. Protection from extremes in exposure and rough handling shall be
provided for all plant materials during transport and storage. All
precautions in good trade practice shall be taken in preparing plants
for transplanting, in accordance with the American Standard for
Nursery Stock. Workmanship that fails to meet the highest standards
will be rejected.
2. Materials shall be assembled on the job site to permit inspection and
approval by the engineer. The contractor shall notify the engineer 48
hours prior to planting so that a mutually agreeable time may be
arranged for inspection. Stock with broken root balls or loose
containers, and stock which shows evidence of being root bound,
overgrown or recently canned, or in the opinion of the engineer is
damaged or improperly cared for, shall be removed from the site
immediately and replaced at the contractor’s expense with another
plant meeting the original specifications.
ii. Layout:
1. Lay out individual tree and shrub locations with engineer and areas
for multiple plantings.
2. Stake locations and outline areas.
3. Do not start planting work until layout is approved by the engineer.
4. Make minor adjustments as required.
iii. Preparing Planting Holes and Planting Beds:
1. Remove sticks, rubbish, foreign materials and undesirable plants and
their roots. Remove stones measuring over 1-1/2 inches in any
dimensions. Do not bury foreign material beneath areas to be
landscaped or restored.
2. Center holes at staked locations.
3. Dig holes as detailed and to a diameter a minimum of two times the
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diameter of the root ball or container.
4. Thin spread surplus subsoil and topsoil on the berm.
iv. Pruning: Prune immediately prior to planting to remove stock damaged
during transport and movement.
v. Placement:
1. Balled and Burlapped:
a. Set balled and burlapped (B&B) stock on layer of compacted
planting soil mixture, plumb and in center of pit or trench
with top of all at same elevation as adjacent finished
landscape grades.
b. Root flare of the tree must be above finished grade.
c. Cut all cords and twin and remove wire basket and burlap
from top and sides of balls; retain burlap on bottoms.
d. When set, place additional planting soil backfill around base
and sides of ball, and work each layer to settle backfill and
eliminate voids and air pockets.
e. When excavation is approximately 2/3 full, water thoroughly
before placing remainder of backfill.
f. Repeat watering until no more is absorbed.
g. Water again after placing final layer of backfill.
vi. Container:
1. Set container grown stock, same as for balled and burlapped stock,
except cut containers on sides into quarters with shear.
2. Remove container before setting plant so as not to damage root balls.
m. WATERING
i. Water each plant within 2 hours of planting.
ii. Water to thoroughly saturate all planting soil.
iii. Bring planting soil to specified level within five days of initial watering, and
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saturate additional soil.
iv. Water all plants thoroughly as soil moisture is depleted (at least once per
week during periods of average rainfall) until the work is accepted.
n. MULCHING
i. Place mulch material within a period of 48 hours after the second watering,
unless otherwise approved by the engineer. Dish top of backfill to allow for
mulching.
ii. Provide 4-inch thickness of mulch around trees and shrubs. Work into top of
backfill and finish to maintain dish or level with adjacent finish grades as
shown in the drawings.
iii. Do not place mulch in direct contact with trunks or stems.
o. PROTECTION
i. General:
1. Protect landscape work and materials from damage due to landscape
operations, operation by other contactors and trades, and trespassers.
2. Maintain protection during installation and maintenance periods.
ii. Trees:
1. It is the contractor’s option whether or not to stake trees. The
contractor is responsible for maintaining trees in an upright position
throughout the one-year guarantee period.
2. Inspect tree trunks for injury, improper pruning, and insect
infestation/disease and take corrective measures before wrapping.
3. Wrap trees at end of growing season and remove prior to following
growing season. Wrap all trees from the ground to the first major
branch.
p. CLEANUP AND RESTORATION
i. During landscape work, keep work area in an orderly condition.
ii. Treat, restore, or replace in kind turf, plantings, or other facilities damaged
by contractor’s operations.
iii. Collect and dispose offsite all excess materials, packaging, and containers.
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q. MAINTENANCE
i. Begin maintenance immediately after planting.
ii. Maintain trees and bushes including watering for one year after acceptance
by engineer. It is contractor’s responsibility for coordinate watering.
iii. Trees, Shrubs, and Plantings:
1. Trim, prune, remove clippings and dead or broken branches, and
treat pruned areas and other wounds.
2. Weed and spray as necessary for healthy growth, including plant
beds and tree pits.
3. Tighten, repair, or replace stakes, turnbuckles, and guy supports.
Reset trees and shrubs to proper grades or vertical position as
required.
4. Restore or replace damaged wrapping.
5. Treat stock with appropriate pest control measures as required to
keep trees and shrubs free of insects and disease.
6. Irrigate to moisten root system and maintain healthy growth.
iv. Application of Herbicides and Pesticides:
1. Apply pesticides for weed, insect, and pest control in accordance
with manufacturer’s instructions.
2. Remedy damage resulting from pesticide use.
r. GUARANTEE AND REPLACEMENT
i. Plant material shall be guaranteed for one full year after owner acceptance
and shall be alive and in satisfactory condition at the end of the guarantee
period. Such guarantee excludes vandalism.
ii. At the end of the one-year guarantee period, inspection will be made by the
engineer upon written notice by the contractor at least five days before the
anticipated date. Any plant material required under the Contract that is dead
or not in satisfactory condition, as determined by the engineer, shall be
removed from the site, and shall be replaced as soon as conditions permit
during the normal planting seasons.
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iii. The opinion of the engineer shall govern in any and all disputes by the
contractor regarding the condition and disposition of unsatisfactory
maintenance procedures or rejected plants.
iv. All replacements shall be plant material of the same kind and size as
specified in the plant list. Replacement costs shall be borne by the contractor.
v. Replacement plantings required at the end of the guarantee period are not to
be guaranteed. The plant material is subject to inspection and rejection by the
engineer before and after planting.
s. INSPECTION AND ACCEPTANCE
i. Landscape work will be inspected for acceptance in parts agreeable to the
engineer, provided work offered for inspection is complete, including
maintenance, for the portion in question.
ii. At the conclusion of the establishment period, which will be one year
following initial installation a final inspection of planting will be made to
determine the conditions of areas specified for landscaping.
iii. When inspected landscape work does not comply with requirements, replace
rejected work and continue specified maintenance until re-inspected by
engineer and found to be acceptable. Remove rejected plants and materials
from site.
11. PROJECT CLOSEOUT
a. FINAL CLEANUP
i. The contractor shall promptly remove from the vicinity of the completed
work, all rubbish, unused materials, concrete forms, construction equipment,
and temporary facilities and, after final stabilization, erosion control used
during construction. Final acceptance by the owner will be withheld until the
contractor has satisfactorily performed the final cleanup.
b. FINAL SUBMITTALS
i. The contractor, prior to requesting final payment, shall obtain and submit the
following items to the engineer for transmittal to the owner:
1. Certificates of inspection and acceptance by any local governing
agencies having jurisdiction.
2. Releases from all parties who are entitled to claims against the
subject project, property, or improvement pursuant to the provisions
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of law.
3. Form IC-134 as required per Minnesota Statute §290.97.
c. MAINTENANCE AND WARRANTY
i. The contractor shall comply with the maintenance and warranty
requirements contained in the General Conditions; and also all
Supplementary Conditions. The contractor shall warrant workmanship and
materials, including settling and vegetation growth for two years following
final acceptance by the owner.
ii. Replacement of earth fill or backfill or replacement of roadway, where it has
settled below the required finish elevations, shall be considered as a part of
such required correction, and any repair or resurfacing constructed by the
contractor which becomes necessary by reason of such settlement shall
likewise be considered as a part of such correction.
iii. The contractor shall make all corrections promptly upon receipt of a written
order from the owner. If the contractor fails to make such corrections
promptly, the owner reserves the right to do the work and the contractor and
its surety shall be liable to the owner for the cost thereof.
12. RESPONSIBLE CONTRACTOR
To be eligible to be awarded this contract, each bidder must submit a signed statement,
under oath, verifying that it is a “responsible contractor” as that term is defined in
Minnesota Statutes § 16C.285, subdivision 3. To be a “responsible contractor,” a
contractor must be in compliance with the following minimum criteria:
(1) the contractor:
(i) is in compliance with workers’ compensation and unemployment
insurance requirements;
(ii) is in compliance with Department of Revenue and the Department of
Employment and Economic Development registration requirements if it
has employees;
(iii) has a valid federal tax identification number or a valid Social Security
number if an individual; and
(iv) has filed a certificate of authority to transact business in Minnesota
with the secretary of state if a foreign corporation or cooperative;
(2) the contractor or related entity is in compliance with and, during the three-year
period before submitting the verification, has not violated Minnesota Statutes
sections 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has
not violated the United States Code, title 29, sections 201 to 219, or United
States Code, title 40, sections 3141 to 3148. For purposes of this clause, a
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violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or
more separate projects for a total underpayment of $25,000 or more
within the three-year period, provided that a failure to pay is “repeated”
only if it involves two or more separate and distinct occurrences of
underpayment during the three-year period;
(ii) has been issued an order to comply by the commissioner of labor and
industry that has become final;
(iii) has been issued at least two determination letters within the three-year
period by the Department of Transportation finding an underpayment
by the contractor or related entity to its own employees;
(iv) has been found by the commissioner of labor and industry to have
repeatedly or willfully violated any of the sections referenced in this
clause pursuant to section 177.27;
(v) has been issued a ruling or findings of underpayment by the
administrator of the Wage and Hour Division of the United States
Department of Labor that have become final or have been upheld by an
administrative law judge or the Administrative Review Board; or
(vi) has been found liable for underpayment of wages or penalties or
misrepresenting a construction worker as an independent contractor in
an action brought in a court having jurisdiction.
Provided that, if the contractor or related entity contests a determination of
underpayment by the Department of Transportation in a contested case
proceeding, a violation does not occur until the contested case proceeding has
concluded with a determination that the contractor or related entity underpaid
wages or penalties;
(3) the contractor or related entity is in compliance with and, during the three-year
period before submitting the verification, has not violated Minnesota Statutes
section 181.723 or chapter 326B. For purposes of this clause, a violation
occurs when a contractor or related entity has been issued a final
administrative or licensing order;
(4) the contractor or related entity has not, more than twice during the three-year
period before submitting the verification, had a certificate of compliance under
Minnesota Statutes section 363A.36 revoked or suspended based on the
provisions of section 363A.36, with the revocation or suspension becoming
final because it was upheld by the Office of Administrative Hearings or was
not appealed to the office;
(5) the contractor or related entity has not received a final determination assessing
a monetary sanction from the Department of Administration or Transportation
for failure to meet targeted group business, disadvantaged business enterprise,
or veteran-owned business goals, due to a lack of good faith effort, more than
once during the three-year period before submitting the verification;
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(6) the contractor or related entity is not currently suspended or debarred by the
federal government or the state of Minnesota or any of its departments,
commissions, agencies, or political subdivisions that have authority to debar a
contractor; and
(7) all subcontractors and motor carriers that the contractor intends to use to
perform project work have verified to the contractor through a signed
statement under oath by an owner or officer that they meet the minimum
criteria listed in clauses (1) to (6).
Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to
(5), occurring prior to July 1, 2014, shall not be considered in determining
whether a contractor or related entity meets the minimum criteria.
Any prime contractor, subcontractor, or motor carrier that does not meet the minimum
criteria in Minn. Stat. § 16C.285, subd. 3, which section is set forth above, fails to verify
compliance with any one of the required minimum criteria, or makes a false statement
under oath verifying compliance is not a “responsible contractor” and is not eligible to be
awarded a construction contract for the project or to perform work on the project.
A false statement under oath verifying compliance with any of the minimum criteria may
result in termination of a contract awarded to a prime contractor, subcontractor, or motor
carrier that submits a false statement.
A prime contractor or subcontractor shall include in its verification of compliance under
subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on
the project. Prior to execution of a construction contract, and as a condition precedent to
the execution of a construction contract, the apparent successful prime contractor shall
submit to the contracting authority a supplemental verification under oath confirming
compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain
from all subcontractors with which it will have a direct contractual relationship a signed
statement under oath by an owner or officer verifying that they meet all of the minimum
criteria in subdivision 3 prior to execution of a construction contract with each
subcontractor. If a prime contractor or any subcontractor retains additional
subcontractors on the project after submitting its verification of compliance, the prime
contractor or subcontractor shall obtain verification of compliance from each additional
subcontractor with which it has a direct contractual relationship and shall submit a
supplemental verification confirming compliance with subdivision 3, clause (7), within
14 days of retaining the additional subcontractors.
A prime contractor shall submit to the contracting authority upon request copies of the
signed verifications of compliance from all subcontractors of any tier pursuant to Minn.
Stat. § 16C.285, subd. 3(7).
A Responsible Contractor Verification form is provided with the bid documents. Each
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bidder must submit the form with its Bid.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Sarah Strain
ITEM DESCRIPTION:
Target Remodel
ITEM NO.:
IX.A.
Requested Action Move to:
• Close the Public Hearing; and
• Adopt the Resolution for the Planned Unit Development Concept Review on 10.6 acres;
and
• Approve the 1st Reading of the Ordinance for the Planned Unit Development District Review with waivers on 10.6 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis
The applicant is requesting approval to update the three exterior façades and perform site improvements. The property is located at 8225 Flying Cloud Drive, attached to Eden Prairie Center, and is 10.6 acres. The proposed façade updates include painting existing EFIS surfaces dark brown and gray as well as installing new red EFIS to provide a stronger, branded contrast with proposed signage, as shown in the image below. New signage is proposed on all three sides
of the building.
Additionally, the applicant is proposing to plant all existing parking lot islands to bring the site closer into conformance with requirements for landscaped parking islands. Existing trees will
remain, and new shrubs and perennials will be planted. The applicant is also proposing to extend the existing concrete sidewalk that connects the storefront to the Mall Ring Road and Flying Cloud Drive further into the site. A landscape island will be installed to provide a buffer between pedestrians and the parking area. These site improvements will not result in a loss of parking stalls.
There is a PUD for the site approved in 2000. This PUD granted waivers for exterior building
materials, signage, and parking lot setbacks. The site also has a Cross Parking and Maintenance
Agreement with Eden Prairie Center. Requested Waivers The property is currently zoned Commercial-Regional-Services and guided Mixed Use. The
applicant is requesting waivers for exterior building materials and signage. Following are the waivers being requested: 1. Exterior Building Materials The existing PUD for the site granted a waiver for exterior building materials to allow
59.5% Class I materials on the three exterior elevations as opposed to the 75% required by City Code. The applicant is requesting a waiver to further decrease Class I materials to allow 58% Class I materials on the three exterior elevations. The applicant is proposing to install about 320 square feet of EFIS over existing brick on the south elevation. The
south elevation is partially screened by vegetation, a berm, and the neighboring store.
This proposed material change is to match the updates on the other two façades and provide a space for a new sign. 2. Signage The site currently has a waiver for sign dimensions, allowing up to 544.5 square feet on
the north elevation and up to 355.5 square feet on the west elevation with no signage on the south elevation. As proposed, the building would have approximately 414 square feet of signage on the north elevation, 100 square feet of signage on the west elevation, and 36 square feet of signage on the south elevation. The proposed waiver allows for a
redistribution of signage on the three façades but does not increase sign dimensions. All
proposed signs are smaller than existing signs. The total proposed signage is less than the 900 square feet of total signage permitted for the site by City Code. Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the project at the November 18, 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
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF TARGET REMODEL FOR KIMLEY-HORN AND ASSOCIATES, INC.
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on November 18,
2019, on Target Remodel by Kimley-Horn and Associates, Inc. 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 January 7, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Target Remodel, 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 December 3, 2019.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated November 18, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of January, 2020.
_______________________ Ronald A. Case, Mayor
ATTEST:
______________________________
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Eden Prairie Center 9th Addition. Lot: 002 Block: 001
TARGET REMODEL
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020-PUD-_-2020
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 C-REG-SER Zoning District -2020-PUD-_-2020 (hereinafter "PUD-_-2020- ”). Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of entered into between Target, 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-_-2020- , and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-_-2020- is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2020- 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-_-2020- are justified by the design of the
development described therein.
D. PUD-_-2020- 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 C-REG-SER 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 7th day of January, 2020, 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
________, 2020.
ATTEST:
__________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on ______________, 2020.
EXHIBIT A
PUD Legal Description
Legal Description Eden Prairie Center 9th Addition. Lot: 002 Block: 001
STAFF REPORT
TO: Planning Commission
FROM: Sarah Strain, Planner I
DATE: November 12, 2019
SUBJECT: Target Remodel
LOCATION: 8225 Flying Cloud Drive
REQUEST: Planned Unit Development Concept Review on 10.6 acres
Planned Unit Development District Amendment with waivers on 10.6
acres
Site Plan Review on 10.6 acres
120 Day Review
Period:
February 25, 2020
BACKGROUND
The applicant is requesting a PUD concept review, PUD District Amendment with waivers, and a
Site Plan review to perform façade updates and site improvements at 8225 Flying Cloud Drive. The
site is approximately 10.6 acres. The site is located adjacent to the Eden Prairie Center near the
intersection of Flying Cloud Drive and Singletree Lane. The site is bordered by commercial uses and
is outlined in the included aerial image.
The property is currently zoned Commercial-
Regional-Services and is guided for Mixed Use
in the Comprehensive Plan. There are no
proposed land use, zoning, or comprehensive
plan changes as part of this application.
The applicant is proposing façade updates as
part of a nationwide effort to modernize the
appearance of Target stores. Modifications are
being proposed for all four sides of the building.
However, the east side of the building is an
interior entrance to the Eden Prairie Center. As
such, the mall entrance/east elevation is not
considered part of this application review.
There is a PUD for the site approved in 2000.
Staff Report – Target Remodel
November 12, 2019
Page 2
2
This PUD granted waivers for exterior building materials, signage, and parking lot setbacks. The site
also has a Cross Parking and Maintenance Agreement with Eden Prairie Center.
SITE PLAN
The existing façade is comprised of brick, cast stone, glass, concrete masonry units (CMU), and
EFIS. The applicant is proposing to paint existing EFIS on the front façade dark brown and gray.
New red EFIS will be installed over existing EFIS on the front façade to offer a contrasting
background for the new proposed sign, as shown in the image below.
Additionally, the applicant is proposing to install red EFIS on the upper corner of the west
elevation and the exterior screening wall along the south elevation. New white logo signs will be
installed on these EFIS surfaces.
In 2000, when the existing PUD was approved, exterior building standards were generally
applied to the overall exterior as opposed to each elevation as they are for current developments.
Since the existing site plan and PUD address exterior building material requirements as a total
across all elevations, and the existing conditions comply with the 2000 PUD approvals, this
application will also address exterior building material requirements as a total across all
elevations for Target. The three elevations have a total of 59% Class I materials, which was
granted through a PUD waiver in 2000. As discussed below with PUD waivers, the applicant is
proposing to alter the façade to have a total of 58% Class I materials. Across all elevations, there
are three Class I materials/colors utilized in a complimentary manner.
There are currently parking islands throughout the parking lot. Most of the parking islands are
landscaped with solitary trees and rock mulch with some shrubs planted in the storefront parking
islands. Four parking islands are concrete and are not planted. As part of the façade remodel, all
parking islands will be planted. Existing trees will remain, and new shrubs and perennials will be
planted underneath. The new buffer between the concrete sidewalk and the parking area will also
be landscaped. These improvements will increase the pervious coverage on the site and bring the
site into conformance with requirements for landscaped parking islands.
Most parking aisles comply with the current parking lot standards by having a parking island
Staff Report – Target Remodel
November 12, 2019
Page 3
3
approximately every 20 stalls. Staff and the applicant discussed the potential to bring the parking
lot closer into compliance with the city standards by installing additional islands. Due to the
shared parking agreement between Target and the Eden Prairie Center, Target’s parking lot
spaces count toward the 4.5 stalls per 1,000 square foot required of Eden Prairie Center. Eden
Prairie Center is currently at their minimum stall requirement, meaning any decrease in parking
stalls due to parking island installation would bring Eden Prairie Center out of compliance with
their PUD requirements. The applicant is proposing landscaping and pedestrian improvements to
bring the site closer into compliance with City Code while honoring the shared parking
agreement and PUD requirements.
PLANNED UNIT DEVELOPMENT WAIVERS
The purpose of a Planned Unit Development (PUD) as stated in City Code is to provide for a more
creative and efficient approach to the use of land within the City; to allow variety in the types of
environment available to people and distribution of overall density of population and intensity of land
use where desirable and feasible; and provide for greater creativity and flexibility in environmental
design.
The proposed façade update and site improvements largely complies with City Code and the existing
PUD. As part of the PUD process, the applicant is seeking waivers to City Code requirements as
outlined below.
1. Exterior Building Materials
The existing PUD for the site granted a waiver for exterior building materials to allow a
total of 59.5% Class I materials on the three exterior elevations as opposed to the 75%
required by City Code. The applicant is requesting a waiver to allow a total of 58% Class
I materials on the three exterior elevations. The ratios of Class I to Class II materials are
not proposed to change on the north and west elevations; the applicant is proposing to
swap Class II materials for Class II materials on these two facades. On both the north and
west façades, EFIS will cover or replace existing CMU.
The overall ratio of Class I to Class II materials is decreasing due to proposed changes on
the south elevation. The applicant is proposing to install about 320 square feet of EFIS
over existing brick. The south elevation is partially screened by vegetation, a berm, and
the neighboring store. This proposed change is to match the updates on the other two
façades and provide a space for a new sign.
2. Signage
The site currently has a waiver for sign dimensions, allowing up to 544.5 square feet on the
north elevation and up to 355.5 square feet on the west elevation with no signage on the
south elevation. This allows the same square footage of signage as allowed by City Code but
Staff Report – Target Remodel
November 12, 2019
Page 4
4
distributed on two elevations as opposed to three. City Code currently allows up to 300
square feet of signage per exterior elevation in Commercial zoning districts.
As proposed, the building would have approximately 414 square feet of signage on the north
elevation, 100 square feet of signage on the west elevation, and 36 square feet of signage on
the south elevation. Two elevations meet code requirements, and the north elevation is
reducing its total signage from the waiver in 2000. All proposed signs are smaller than
existing signs. The total proposed signage is less than the 900 square feet of signage
permitted for the site. The proposed waiver would continue to allow a total of 900 square feet
of signage for the building, but signage could be distributed across all three exterior
elevations as opposed to two under the current PUD waiver. Other retail entities throughout
Eden Prairie have similar sign distribution waivers.
LANDSCAPE PLAN
All parking islands will be planted with an assortment of shrubs and perennials, and existing parking
island trees will remain. The proposed plantings meet code requirements for parking islands.
SIDEWALKS AND TRAILS
There is an existing painted crosswalk connecting the
store front to the concrete sidewalk adjacent to the
Mall Ring Road, which connects to concrete
sidewalks along Flying Cloud Drive. The applicant is
proposing to extend the concrete sidewalk into the
site and install a landscape island to provide a buffer
between pedestrians and the parking area. The painted
crosswalk between the store front and the extended
concrete sidewalk will remain.
PARKING
The site currently shares parking with Eden Prairie
Center as part of a Cross Parking and Maintenance Agreement. Eden Prairie Center and its
department stores have a waiver for parking to allow a ratio of 4.5 stalls per 1,000 square feet.
This ratio was used to determine parking requirements for Target in the 2000 PUD, since the site
is attached to the Eden Prairie Center. Since parking stalls in Target’s parking lot count toward
the required parking ratio for Eden Prairie center, no parking stalls are proposed to be removed to
maintain the 4.5 stalls per 1,000 square feet requirement.
LIGHTING
The existing sconce light fixtures at the entrances will be replaced with new sconce light fixtures in
Staff Report – Target Remodel
November 12, 2019
Page 5
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the same locations. The new sconces will be dimmed by an opaque diffuser and will be directed at
the pedestrian areas around the entrances.
SIGNS
Signs are proposed on all three sides of the building. The sign on the north elevation will be replaced
with a white logo and store name. The existing pharmacy sign will be replaced with a smaller sign.
The sign on the west elevation will be replaced with a white logo. A third white logo is proposed for
the south elevation.
The site currently has a waiver for sign dimensions, allowing up to 544.5 square feet on the north
elevation and up to 355.5 square feet on the west elevation with no signage on the south elevation.
As proposed, the building would have approximately 414 square feet of signage on the north
elevation, 100 square feet of signage on the west elevation, and 36 square feet of signage on the
south elevation.
STAFF RECOMMENDATION
Staff recommends approval of the following request:
PUD Concept Review on 10.6 acres
PUD District Amendment with waivers for 10.6 acres
Site Plan Review on 10.6 acres
This recommendation is based on the plans stamped dated November 7, 2019, staff report dated
November 12, 2019 and the following conditions:
1. Prior to the issuance of a building permit, the applicant shall:
A. Submit a landscape letter of credit or escrow surety equivalent to 150% of the cost
of the approved landscaping.
B. Obtain and provide documentation of Watershed District approval.
2. The following waivers have been granted through the PUD District Review for the project as
indicated in the plans stamp dated November 7, 2019.
A. Exterior Building Materials – The existing PUD for the site allows a total of
59.5% of exterior building materials to be Class I. The Waiver allows for a total
of 58% Class I materials to be used for exterior building materials.
B. Signage – The existing PUD allows up to 544.5 square feet of signage on the
north elevation and up to 355.5 square feet of signage on the west elevation with
no signage on the south elevation. The Waiver allows for a total of 900 square feet
of signage to be distributed across the three exterior elevations.
Staff Report – Target Remodel
November 12, 2019
Page 6
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3. All signage shall require review and approval of a sign permit and shall comply with
Section 11.70 and granted PUD waivers.
City of Eden Prairie Land Use Guide Plan Map 2010-2040
¯
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
Guide Plan Map:Target RemodelAddress: 8225 Flying Cloud DriveEden Prairie, MN 55344
<all other values>
Rural
Low Density Residential
Medium Density Residential
Medium Migh Density Residential
High Density Residential
Mixed-Use
Town Center
Transit-Oriented Development
Regional Commercial
Commercial
Office
Industrial Flex Tech
Flex Service
Eco Innovation
Industrial
Airport
Public / Semi-Public
Parks & Open Space
Golf Course
Utility & Railroad
Right-of-Way
Streams
COUNTY HIGHWAY
STATE AID STREET
MUNICIPAL STREET
OTHER
340 0 340170 Feet
SITE
DATE Approved 10-01-19
Singletree Lane FlyingCloudDriveW 78th Street
Eden RoadGlenLane
City 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 WatersRecreational Development WatersGeneral Development Waters (Creeks Only)GD
NERD
Up dated through approved Ordinances #26-2008Ordinance #33-2001 (BFI Addition) approved, but not shown on this map editionDate: March 1, 2009
0 400 800200
Feet
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 - Target Remodel8225 Flying Cloud DriveEden 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
CityLimitsFlyin gCloudDriveEden Prairie Center
SITE
Singletree Lane
W 78th Street
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Aerial Map: Target RemodelAddress: 8225 Flying Cloud DriveEden Prairie, Minnesota 55344
0 200 400100 Feet
Singletree Lane
Eden Prairie CenterFlyingCloudDriveW 78th Street
SITE
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE: January 7, 2020
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 271857 - 272534 Wire Transfers 1024207 - 1024462 Wire Transfers 7385 - 7436
Purchasing Card 7431
City of Eden Prairie
Council Check Summary
1/7/2020
Division Amount Division Amount
304 Senior Board 53
000 General 234,342 308 E-911 39,037
100 City Manager 92,795 309 DWI Forfeiture 11,381
101 Legislative 6,761 315 Economic Development 1,269,639
102 Legal Counsel 131,350 502 Park Development 14,370
110 City Clerk 10,242 509 CIP Fund 233,137
111 Customer Service 5,312 522 Improvement Projects 2006 366,665
112 Human Resources 40 526 Transportation Fund 3,100
113 Communications 11,553 528 Shady Oak Rd-CR 61 North 497
114 Benefits & Training 13,017 532 EP Road Connect Flying Cloud 1,211,313
130 Assessing 4,586 538 SingleTree Lane South 1,387
131 Finance 1,013 804 100 Year History 90
132 Housing and Community Services 11,808 Total Capital Projects Fund 3,150,667
136 Public Safety Communications 13,849
137 Economic Development -2,182 601 Prairie Village Liquor 247,332
138 Community Development Admin.112 602 Den Road Liquor 462,414
151 Park Maintenance 102,473 603 Prairie View Liquor 313,940
153 Organized Athletics 7,103 605 Den Road Building 18,978
154 Community Center 36,680 701 Water Enterprise Fund 1,812,615
155 Beaches 76 702 Wastewater Enterprise Fund 501,717
156 Youth Programs 18,249 703 Stormwater Enterprise Fund 126,353
157 Special Events 92 Total Enterprise Fund 3,483,350
158 Senior Center 8,215
159 Recreation Administration 10,343 802 494 Commuter Services 54,077
160 Therapeutic Recreation 75 803 Escrow Fund 37,794
162 Arts 5,470 807 Benefits Fund 1,938,373
163 Outdoor Center 628 809 Investment Fund 3,086
164 Park Rental Facilities 140 812 Fleet Internal Service 187,718
168 Arts Center 1,114 813 IT Internal Service 207,960
180 Police Sworn 59,205 814 Facilities Capital ISF 104,184
184 Fire 117,289 815 Facilites Operating ISF 44,023
186 Inspections 7,725 816 Facilites City Center ISF 105,735
200 Engineering 3,546 817 Facilites Comm. Center ISF 143,108
201 Street Maintenance 70,019 Total Internal Svc/Agency Funds 2,826,058
202 Street Lighting 82,109
Total General Fund 1,065,149 Report Total 10,883,612
301 CDBG 13,662
303 Cemetary Operation 78,641
Total Special Revenue Fund 92,304
435 2008B G.O. Improvement Bonds 125
437 G.O. Perm. Improv. 2010A 91,440
439 G.O. Refunding Bonds 2011C 125
440 GO Perm Impr Ref Bonds 2011D 173,894
441 2012A G.O. Refunding Bonds 125
442 2012B G.O. Refund Capital Imp 125
443 2012C GO Perm Impr Ref Bonds 125
448 2016A GO BONDS - WEST 70TH ST.125
Total Debt Service Fund 266,084
City of Eden PrairieCouncil Check Register by GL
1/7/2020
Check #Amount Supplier / Explanation Account Description Business Unit Comments
272089 1,199,739 VEIT & CO Improvement Contracts EP Rd Connect to Flying Cloud Eden Prairie Road Project
1024348 1,097,447 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground storage reservoir/Pump station
7395 765,851 US BANK OPERATIONS CENTER Interest Wastewater Enterprise Fund Bond Payments Dec 2019
271896 537,458 EUREKA CONSTRUCTION INC Improvement Contracts General Fixed Asset Account Gr Preserve Blvd Reconstruction
272129 425,620 COMMERCIAL PARTNERS TITLE LLC Accounts Receivable Economic Development Fund
TOD grant-Trail Point Ridge/Smith village
site prep/acquisition
272361 350,217 METROPOLITAN COUNCIL MCES User Fee Wastewater Enterprise Fund Wastewater Fee Jan 2020
272448 308,592 HEALTHPARTNERS Prepaid Expenses Health and Benefits January 2020 Premiums
7434 299,098 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 12.20.19
1024335 298,169 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 2nd half of TIF pymt
7415 294,199 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 12.06.19
7391 267,948 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 11.22.19
7432 203,950 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 12.06.19
7413 183,814 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 11.22.19
7389 178,882 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 11.08.19
272120 172,573 CASCADE AT TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 2nd half of TIF pymt
1024361 167,233 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment Staring Lake Park
272115 142,046 BMO HARRIS BANK N.A TIF Payment TIF-Town Center-Windsor Plaza 2nd half of TIF pymt
272216 137,163 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 2nd half of TIF pymt
7428 127,827 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales tax Nov 2019
1024461 109,664 XCEL ENERGY Electric Water Enterprise Fund Multi location electric
271899 100,805 GL CONTRACTING INC Improvement Contracts Stormwater Capital Sheldon Ave Strom Sewer improvements
1024228 76,859 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud
7431 64,472 USB-PURCHASING CARD Repair & Maint. Supplies IT Operating
1024438 62,578 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud
272051 62,453 MCPHILLIPS BROS ROOFING CO Other Contracted Services Facilities Capital
1024443 62,076 LOGIS Network Support IT Capital
1024344 61,533 ODESA II LLC Other Contracted Services Pleasant Hill Cemetery
272091 53,621 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment
272215 52,962 UNITED PROPERTIES TIF Payment TIF-Superior Office Crt
272461 51,786 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1024342 47,706 MINNESOTA ROADWAYS CO Seal Coating Park Maintenance
1024452 47,230 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund
272042 47,174 KEVIN CASEY, LLC Asphalt Overlay Street Maintenance
272398 44,475 MIDWAY FORD Autos Fleet - Park & Rec
272353 41,933 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1024268 40,869 ADVANCED ENGINEERING & ENVIRONMENTAL SE Process Control Services Improvement Projects 2006
272518 39,904 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
272520 38,996 VERMONT SYSTEMS, INC Software Maintenance IT Operating
272478 38,531 MOTOROLA SOLUTIONS INC Equipment Repair & Maint E-911 Program
1024363 37,490 XCEL ENERGY Electric Senior Center
271915 34,331 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1024233 33,826 LOGIS LOGIS IT Operating
272169 33,562 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
272054 31,885 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
272038 31,208 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
272072 30,645 SEBCO INC Other Contracted Services Facilities Capital
Check #Amount Supplier / Explanation Account Description Business Unit Comments102433430,479 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
272320 28,869 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1024414 28,082 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
272488 26,901 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
272098 26,256 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
7393 25,796 EMPOWER Deferred Compensation Health and Benefits
271978 25,350 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost
271972 25,317 WUNDERLICH PROPERTIES LLC Deposits General Fund
271960 25,271 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
7435 24,904 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
1024433 24,429 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
7436 24,342 EMPOWER Deferred Compensation Health and Benefits
7417 24,165 EMPOWER Deferred Compensation Health and Benefits
1024333 22,994 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
272099 22,987 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
272406 22,535 ASPEN MILLS Clothing & Uniforms Fire
272238 22,000 PARK NICOLLET Deposits Escrow
272185 21,171 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Stormwater Collection
272456 19,914 HP INC Computers Park Acquisition & Development
7392 19,860 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
271874 19,551 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
271988 19,294 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
271875 19,156 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
7416 19,130 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
1024362 18,597 STREICHERS Clothing & Uniforms Police Sworn
1024279 17,803 HANSEN THORP PELLINEN OLSON Design & Engineering General Fixed Asset Account Gr
7403 17,546 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store
1024396 17,355 PRAIRIE ELECTRIC COMPANY Capital Under $25,000 Ice Arena Maintenance
1024431 17,314 CENTERPOINT ENERGY Gas General Community Center
272504 17,170 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1024349 17,078 ST CROIX ENVIRONMENTAL INC Design & Engineering Water Supply (Wells)
272460 16,741 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
272205 16,724 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
272168 16,553 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
272357 16,404 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
272095 16,384 EICKHOF COLUMBARIA INC Other Contracted Services Pleasant Hill Cemetery
272100 15,962 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
272047 15,833 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
271914 15,552 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
272226 15,536 COLUMBINE TOWNHOMES TIF Payment TIF-Columbine Road Housing
272101 15,478 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
272498 15,440 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
1024453 15,160 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
272008 14,708 EDEN PRAIRIE SCHOOL Motor Fuels Fleet Operating
271947 14,644 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store
272491 14,644 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store
7401 14,520 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
272342 14,280 GRAYMONT Treatment Chemicals Water Treatment
1024386 14,186 ASPEN EQUIPMENT CO.Autos Fleet Operating
1024231 14,168 JEFFERSON FIRE & SAFETY INC Small Tools Fire
271901 14,010 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments27244414,010 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
1024274 13,911 CENTERPOINT ENERGY Gas Edenvale Park
1024428 13,791 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1024247 13,265 WALL TRENDS INC Contract Svcs - General Bldg Maintenance Facility
272077 12,884 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor - Incentives Prairie Village Liquor Store
272351 12,750 J.H. CALLAHAN AND ASSOCIATES Other Contracted Services Den Road Building
272350 12,390 IRON MALTESE ATHLETICS Health & Fitness Fire
272524 12,282 XTREME INTEGRATION Capital Under $25,000 Capital Maint. & Reinvestment
272496 12,158 QUETICA LLC Contract Svcs - HVAC Facilities Capital
272228 11,685 EBERT CONSTRUCTION Deposits Park Acquisition & Development
1024332 11,571 CENTERPOINT ENERGY Gas General Community Center
272189 11,386 NAC Building Repair & Maint.Utility Operations - General
7399 11,219 FURTHER - AKA SELECT HSA - Employee Health and Benefits
7426 11,219 FURTHER - AKA SELECT HSA - Employee Health and Benefits
272043 10,971 KRIS ENGINEERING INC Equipment Parts Fleet Operating
272386 10,818 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
272096 10,614 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1024330 10,446 BIFFS INC Waste Disposal Park Maintenance
272118 10,419 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
271943 10,414 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
272346 10,343 HOUSE OF PRINT Printing Community Brochure
271989 10,207 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
272207 10,194 ST. PAUL PORT AUTHORITY Deposits Escrow
272473 9,933 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
7387 9,927 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
7411 9,927 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
272035 9,879 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
272352 9,844 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
272097 9,381 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
271991 9,245 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
272508 9,150 STAR TRIBUNE Employment Advertising Organizational Services
272195 9,041 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
272409 9,006 BOLTON & MENK INC Design & Engineering General Fund
272203 8,797 SOCCER SHOTS Instructor Service Preschool Events
271876 8,741 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
272194 8,672 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
272244 8,513 VERIZON WIRELESS Cell/Pager Plans Park Maintenance
272066 8,037 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
272335 7,917 EXPRESS FLOORING CREATIONS LLC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr
272405 7,897 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
7409 7,841 CARD CONNECT Bank and Service Charges Community Center Admin
272025 7,826 HENNEPIN COUNTY TREASURER Equipment Repair & Maint Elections
272431 7,185 DORAN CONSTRUCTION INC Equipment Repair & Maint Wasterwater Collection
271980 7,184 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006
272012 7,132 FIRE SAFETY USA INC Small Tools Fire
272128 6,782 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection
272521 6,770 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
272152 6,710 GOODPOINT TECHNOLOGY INC Software Maintenance IT Operating
272486 6,638 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
272234 6,542 LUNDA CS MCCROSSAN Deposits Water Enterprise Fund
272070 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
Check #Amount Supplier / Explanation Account Description Business Unit Comments2723936,415 TRANSPORT GRAPHICS Equipment Repair & Maint Fire
271951 6,250 RAY N WELTER HEATING Accounts Receivable TIF-Eden Shores Senior Housing
1024287 6,209 METRO SALES INCORPORATED*Equipment Rentals Customer Service
1024457 6,202 STREICHERS Clothing & Uniforms Police Sworn
272437 6,174 FIRE SAFETY USA INC Small Tools Emergency Management
271867 6,166 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1024285 6,063 JEFFERSON FIRE & SAFETY INC Small Tools Fire
272394 6,048 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Softball
1024293 6,001 STREICHERS Protective Clothing Police Sworn
272014 5,981 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating
271903 5,846 HEALTHPARTNERS Payroll-Program Manager 494 Corridor Commission
272345 5,821 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
272020 5,783 H & L MESABI Equipment Parts Fleet Operating
272407 5,728 BARNA, GUZY & STEFFEN ,LTD Legal Legal Council
272063 5,669 NATIONAL LEAGUE OF CITIES Dues & Subscriptions General Fund
1024280 5,637 HAWKINS INC Treatment Chemicals Water Treatment
272093 5,607 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
271961 5,573 SPIRE FEDERAL CREDIT UNION Miscellaneous DWI Forfeiture
272380 5,568 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
272516 5,549 THOMAS TRUCKING INC Waste Blacktop/Concrete Stormwater Collection
272397 5,468 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1024258 5,438 GUNNAR ELECTRIC CO INC Other Contracted Services Rehab
7407 5,433 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
271887 5,320 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
1024244 5,261 STREICHERS Clothing & Uniforms Police Sworn
1024249 5,201 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
271957 5,161 SCHULTZ, DANIEL Other Contracted Services Rehab
272462 5,159 KORTERRA, INC Other Contracted Services Utility Operations - General
272138 5,036 DPC INDUSTRIES INC Treatment Chemicals Water Treatment
7402 4,975 FURTHER - AKA SELECT HRA Health and Benefits
1024388 4,964 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
272188 4,950 MUELLER CO Capital Under $25,000 Water Metering
272371 4,950 MUELLER CO Capital Under $25,000 Water Metering
272065 4,812 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1024427 4,797 A-SCAPE INC Contract Svcs - Snow Removal Arts Center
271983 4,763 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
272175 4,728 LEADSONLINE LLC Other Contracted Services Police Sworn
272240 4,639 POSTMASTER Postage Communications
1024324 4,630 WSB & ASSOCIATES INC Design & Engineering SingleTree Lane South
272024 4,586 HENNEPIN COUNTY TREASURER Other Contracted Services Assessing
272442 4,563 GRAYMONT Treatment Chemicals Water Treatment
272154 4,552 GRAYMONT Treatment Chemicals Water Treatment
271900 4,541 GRAYMONT Treatment Chemicals Water Treatment
1024329 4,363 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
272000 4,312 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
7423 4,311 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
271945 4,254 POSTMASTER Advertising Prairie View Liquor Store
272367 4,248 MOTOROLA SOLUTIONS INC Other Assets Public Safety Communications
271885 4,096 COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs - Plumbing Ice Arena Maintenance
272134 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Principal Economic Development Fund
272108 3,964 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments10242303,932 HORIZON COMMERCIAL POOL SUPPLY Supplies - General Bldg Pool Maintenance
1024322 3,931 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
272083 3,903 THYMES TWO INC Contract Svcs - Lawn Maint.City Center - CAM
272022 3,860 HEALTHPARTNERS OCCUPATIONAL MEDICINE Health & Fitness Fire
272018 3,797 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
272148 3,797 FR NATIONAL LIFE LLC Deposits General Fund
1024381 3,782 VAN PAPER COMPANY Tenant 1-Cleaning Supply General Community Center
272534 3,776 HEALTHPARTNERS Prepaid Expenses 494 Corridor Commission
7420 3,754 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
272001 3,750 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance
272204 3,750 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service
272241 3,750 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service
271907 3,720 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
271879 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General
1024358 3,668 CENTERPOINT ENERGY Gas Senior Center
1024225 3,579 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1024283 3,551 ITRON INC.Maintenance Contracts Water Metering
7404 3,542 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
272515 3,540 THE ADVENT GROUP Temp 494 Corridor Commission
1024243 3,540 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
271971 3,535 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1024425 3,511 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
271941 3,499 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1024296 3,455 WALL TRENDS INC Contract Svcs - General Bldg Ice Arena Maintenance
1024272 3,454 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
272027 3,448 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1024266 3,445 VAN PAPER COMPANY Cleaning Supplies Senior Center
272233 3,427 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
272133 3,357 CUMMINS NPOWER LLC Equipment Repair & Maint Fleet Operating
1024229 3,333 HANSEN THORP PELLINEN OLSON Design & Engineering Improvement Projects 2006
1024356 3,325 ASPEN WASTE SYSTEMS INC.Waste Disposal Arts Center
272376 3,320 ORDWAY AND ASSOCIATES LLC Equipment Repair & Maint Water Treatment
272454 3,314 HOOTSUITE Other Contracted Services General Fund
272455 3,307 HOPE HAVEN INC Operating Supplies Park Maintenance
272368 3,250 MOVEFWD INC Other Contracted Services Housing and Community Service
271966 3,246 TEAM WENDY Health & Fitness Fire
272309 3,168 ADESA MPLS Miscellaneous DWI Forfeiture
272156 3,095 GREEN LIGHTS RECYCLING INC Equipment Repair & Maint Water Metering
7386 3,086 PFM ASSET MANAGEMENT LLC Interest Investment Fund
272499 3,081 ROCK HARD LANDSCAPE Gravel Street Maintenance
1024284 3,031 J&D WINDOW CLEANING Window Washing Ice Arena Maintenance
272221 3,021 ARCVISION, INC Deposits City Clerk
272162 3,016 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
272206 3,004 SSI KEF SLB LLC Electric City Center - CAM
272490 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
1024399 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
272137 2,974 DOMACE VINO Liquor Product Received Den Road Liquor Store
271878 2,940 CARVER COUNTY LICENSE CENTER Autos Fleet - Park & Rec
1024220 2,928 VAN PAPER COMPANY Cleaning Supplies General Community Center
272416 2,907 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
272044 2,887 LHB INC Other Contracted Services Sustainable Eden Prairie
Check #Amount Supplier / Explanation Account Description Business Unit Comments10244032,868 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1024447 2,812 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1024384 2,775 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital
272190 2,774 NATIONAL BUSINESS FURNITURE Operating Supplies-Station sup Fire
272374 2,736 NINE MILE CREEK WATERSHED DISTRICT Other Contracted Services Stormwater Non-Capital
7405 2,734 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
272468 2,733 LUNDA CS MCCROSSAN Outside Water Sales Escrow
272112 2,730 AT YOUTH PROGRAMS LLC Instructor Service Tennis
1024424 2,719 VAN PAPER COMPANY Operating Supplies General Community Center
1024304 2,687 DAILEY DATA & ASSOCIATES Capital Under $25,000 Den Road Liquor Store
1024353 2,673 WM MUELLER AND SONS INC Patching Asphalt Stormwater Collection
1024352 2,624 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
272517 2,620 TRANSPORT GRAPHICS Repair & Maint. Supplies Fire
271992 2,604 CENTURYLINK Telephone City Center - CAM
272439 2,595 FRATTALONE CO Outside Water Sales Escrow
1024326 2,582 A-SCAPE INC Contract Svcs - Snow Removal Arts Center
272213 2,567 TRANSPORT GRAPHICS Equipment Repair & Maint Fire
272390 2,565 THE ADVENT GROUP Temp 494 Corridor Commission
1024254 2,546 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Park Acquisition & Development
272343 2,542 HEALTHPARTNERS OCCUPATIONAL MEDICINE Health & Fitness Fire
272219 2,531 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1024240 2,517 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Water Supply (Wells)
1024374 2,513 MPX GROUP, THE Printing Police Sworn
271968 2,462 TRANSPORT GRAPHICS Equipment Repair & Maint Fire
272187 2,459 MRPA Dues & Subscriptions Parks Administration
272465 2,448 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
272453 2,409 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
272391 2,380 THYMES TWO INC Contract Svcs - Lawn Maint.City Center - CAM
272392 2,363 TITAN MACHINERY Other Rentals Street Maintenance
272026 2,324 HENNEPIN COUNTY TREASURER Postage Elections
271920 2,300 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
271956 2,265 SCHERER BROTHERS LUMBER CO Operating Supplies Park Maintenance
1024405 2,255 AMERIPRIDE LINEN & APPAREL SERVICES Operating Supplies-Linens Prairie View Liquor Store
272328 2,162 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
271926 2,139 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1024210 2,122 CUSTOM HOSE TECH Equipment Parts Fleet Operating
7422 2,106 I-494 CORRIDOR COMMISSION Payroll-Program Manager 494 Corridor Commission
1024380 2,105 SWANK MOTION PICTURES INC Licenses, Taxes, Fees Staring Lake Concert
272052 2,064 MEDICINE LAKE TOURS Special Event Fees Trips
1024236 2,060 ODESA II LLC Other Contracted Services Community Center
7424 2,043 U.S. BANK - I-494 PURCH. CARD Misc. Office Supplies 494 Corridor Commission
271921 2,019 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating
272467 2,000 LIFE SUPPORT INNOVATIONS Conference/Training Utility Operations - General
272433 1,980 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs
272004 1,968 DSO ARCHITECTURE INC Other Contracted Services Facilities Capital
272109 1,962 ARVIG Fiber Lease Payments IT Operating
272389 1,955 TEAM LABORATORY CHEMICAL CORPORATION Repair & Maint. Supplies Wastewater Lift Station
272438 1,950 FIRENET SYSTEMS INC Building Repair & Maint.Utility Operations - General
271986 1,947 BOUND TREE MEDICAL LLC EMS Supplies Fire
272441 1,942 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
271868 1,935 ARVIG Fiber Lease Payments IT Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments10244111,915 CUSTOM HOSE TECH Equipment Parts Fleet Operating
1024354 1,913 ZIEGLER INC Equipment Parts Park Maintenance
1024460 1,887 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
271911 1,855 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
271990 1,854 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Maintenance Facility
272180 1,835 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating
7430 1,812 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
272045 1,800 LIFELINE INC EMS Supplies-AED Fire
272176 1,799 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
272009 1,780 EHLERS & ASSOCIATES INC Deposits Housing and Community Service
7398 1,746 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1024394 1,729 MENARDS Operating Supplies Park Maintenance
272106 1,716 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development
1024390 1,706 FILTRATION SYSTEMS Supplies - HVAC General Community Center
1024213 1,696 FASTENAL COMPANY Operating Supplies Fleet Operating
271861 1,694 ADESA MPLS Miscellaneous DWI Forfeiture
272472 1,662 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
1024455 1,640 STATE SUPPLY COMPANY Supplies - HVAC Fire Station #1
271916 1,536 JONES & BARTLETT LEARNING LLC Training Supply-Recruit Fire
272316 1,521 AUTO BODY PLUS OF ROGERS Repair & Maint. Supplies Fire
1024440 1,520 IDENTISYS Equipment Repair & Maint Public Safety Communications
271864 1,500 ALL ABOUT EROSION CONTROL INC.Landscape Materials/Supp Stormwater Collection
272143 1,500 EVANS, BETSY Rebates Stormwater Non-Capital
272217 1,500 WELLS FARGO BANK MINNESOTA NA Paying Agent Wastewater Capital
272239 1,481 PERA Payroll-Program Manager 494 Corridor Commission
272487 1,481 PERA Payroll-Program Manager 494 Corridor Commission
1024297 1,447 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1024318 1,434 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center - CAM
272314 1,429 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1024321 1,420 VAN PAPER COMPANY Cleaning Supplies General Community Center
1024282 1,385 IDEAL SERVICE INC Equipment Repair & Maint Water Supply (Wells)
1024295 1,378 UNIQUE PAVING MATERIALS Gravel Water Distribution
1024459 1,376 VISTAR CORPORATION Merchandise for Resale Concessions
272003 1,346 DOMACE VINO Liquor Product Received Prairie View Liquor Store
7429 1,345 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
271973 1,339 YORKTOWN OFFICES Rent 494 Corridor Commission
272525 1,339 YORKTOWN OFFICES Prepaid Expenses 494 Corridor Commission
1024214 1,334 LYNDALE PLANT SERVICES Contract Svcs - Garden Rm/Caf.City Center - CAM
1024417 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost)
272111 1,320 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair & Maint Fleet Operating
7400 1,312 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits
1024351 1,310 WATSON CO INC, THE Merchandise for Resale Concessions
272242 1,301 SUNLIFE ASSURANCE Deposits Customer Service
272017 1,289 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
272212 1,285 THE ADVENT GROUP Temp 494 Corridor Commission
1024383 1,277 VINOCOPIA Liquor Product Received Den Road Liquor Store
272344 1,246 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
1024308 1,243 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
272147 1,235 FLYNN MIDWEST LP Other Contracted Services Rehab
272323 1,234 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1024209 1,219 COX, KIM Tuition Reimbursement/School Organizational Services
Check #Amount Supplier / Explanation Account Description Business Unit Comments2720731,200 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
1024227 1,195 GRAINGER Repair & Maint. Supplies Facilities Staff
272414 1,193 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance
272340 1,189 GENERAL REPAIR SERVICE Repair & Maint. Supplies Water Treatment
271996 1,171 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
272075 1,170 SMALL LOT MN Liquor Product Received Den Road Liquor Store
271993 1,153 CENTURYLINK Telephone E-911 Program
271910 1,153 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
272243 1,130 THYMES TWO INC Contract Svcs - Lawn Maint.Den Bldg. - CAM
7388 1,129 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
272360 1,127 MEGA BEER Liquor Product Received Den Road Liquor Store
272430 1,126 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1024221 1,100 VINOCOPIA Liquor Product Received Den Road Liquor Store
1024288 1,096 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1024339 1,088 JANEX INC Repair & Maint. Supplies Water Treatment
7414 1,083 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
271924 1,083 MARCO INC Hardware - R&M IT Operating
272181 1,083 MARCO INC Hardware - R&M IT Operating
272388 1,074 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1024207 1,063 BERRY COFFEE COMPANY Merchandise for Resale Concessions
272059 1,056 MOBOTREX INC Equipment Repair & Maint Traffic Signals
1024290 1,052 POMP'S TIRE SERVICE INC Tires Fleet Operating
272313 1,037 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Park Maintenance
272082 1,035 THE ADVENT GROUP Temp 494 Corridor Commission
272202 1,033 SIGNSOURCE Signs Capital Outlay Parks
1024267 1,022 VINOCOPIA Liquor Product Received Den Road Liquor Store
272197 1,017 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
1024340 1,011 MENARDS Operating Supplies Water Treatment
271865 1,010 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications
272501 1,007 SCHERER BROTHERS LUMBER CO Operating Supplies Snow & Ice Control
271953 1,000 RIZZO CHLOE Other Contracted Services Arts
272144 1,000 FIRE SAFETY USA INC Repair & Maint. Supplies Fire
272069 994 RAINBOW LAWN CARE Other Contracted Services Tree Removal
1024307 993 GETSCHOW, RICK Conference/Training Administration
272379 983 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
272529 980 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
1024429 980 BIFFS INC Waste Disposal Park Maintenance
272458 963 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
272495 948 PUMP AND METER SERVICE Equipment Testing/Cert.Fleet Operating
272457 946 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
272153 946 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
1024259 944 HIRSHFIELD'S Repair & Maint. Supplies Water Distribution
272354 943 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating
272132 936 CTM SERVICES, INC.Repair & Maint - Ice Rink Ice Arena Maintenance
272028 934 HOME DEPOT CREDIT SERVICES Supplies - Plumbing Facilities Staff
271967 932 THE ADVENT GROUP Temp 494 Corridor Commission
272211 931 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
271950 929 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
272037 920 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
1024412 911 FASTENAL COMPANY Waste Disposal Traffic Signs
272058 909 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Improvement Projects 2006
Check #Amount Supplier / Explanation Account Description Business Unit Comments272039903JOHNSON CONTROLS Building Repair & Maint.Utility Operations - General
271975 883 HOPKINS CARPET ONE Accounts Receivable TIF-Eden Shores Senior Housing
7390 854 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
271904 853 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
272450 853 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications
272339 848 GALLS LLC Clothing & Uniforms Volunteers
1024416 845 JOHNSTONE SUPPLY Supplies - HVAC Utility Operations - General
271909 840 INA LASMANE LLC Tuition Reimbursement/School Police Sworn
1024444 835 MENARDS Operating Supplies Park Shelters
272210 830 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
272080 822 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
272307 820 LONE WOLF DESIGN AND CONSTRUCTION Accounts Receivable TIF-Eden Shores Senior Housing
272019 815 GYM WORKS Equipment Repair & Maint Fitness Center
271922 807 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
272002 805 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
271860 803 ADESA MPLS Miscellaneous DWI Forfeiture
272220 800 LONE WOLF DESIGN AND CONSTRUCTION Accounts Receivable TIF-Eden Shores Senior Housing
272436 800 FERRENTINO, CANDYCE Repair & Maint. Supplies Utility Operations - General
1024371 793 FASTENAL COMPANY Safety Supplies Fleet Operating
272053 792 MEGA BEER Liquor Product Received Prairie View Liquor Store
1024385 791 ANCHOR PAPER COMPANY Office Supplies Police Sworn
271918 789 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Fitness Classes
271923 782 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
271863 781 AIRGAS USA LLC Supplies - Pool Pool Maintenance
272415 781 BTR OF MINNESOTA Equipment Parts Fleet Operating
272308 779 ACTIVE 911 INC Software Maintenance IT Operating
272011 775 ESCH CONSTRUCTION SUPPLY INC Asphalt Overlay Street Maintenance
272116 772 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
272023 770 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
272259 766 ELEMENT FLEET CORPORATION AR Utility Water Enterprise Fund
1024300 761 BLOOMINGTON SECURITY SOLUTIONS Building Repair & Maint.Prairie View Park
271958 760 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
1024273 759 BOYER TRUCKS Equipment Parts Fleet Operating
272476 758 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
271925 750 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating
272193 750 ONSITE MEDICAL SERVICE INC Employment Support Test Organizational Services
1024446 741 MN SUPPLY Equipment Repair & Maint Fleet Operating
1024350 737 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance
1024294 736 TEE JAY NORTH INC Contract Svcs - General Bldg General Community Center
1024325 735 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
271965 734 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1024271 733 ASPEN WASTE SYSTEMS INC.Waste Disposal Maintenance Facility
1024346 732 PRAIRIE ELECTRIC COMPANY Capital Under $25,000 Police (City Cost)
271974 725 STAPLES ADVANTAGE Office Supplies Administration
272186 722 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1024256 719 FASTENAL COMPANY Equipment Parts Fleet Operating
272174 719 LAKE COUNTRY DOOR LLC Small Tools Fire Station #4
1024246 718 VISTAR CORPORATION Merchandise for Resale Concessions
272336 710 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
272160 700 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
1024315 699 PAUL'S TWO-WAY RADIO Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments1024232692LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
1024276 692 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
1024298 690 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Den Road Liquor Store
272469 684 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1024378 681 ROTO-ROOTER Contract Svcs - Plumbing Senior Center
1024222 678 WERNER ELECTRIC SUPPLY CO.Supplies - Electrical City Center - CAM
272489 667 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police Sworn
1024439 667 HORIZON COMMERCIAL POOL SUPPLY Contract Svcs - Pool Pool Maintenance
272377 665 OVERHEAD DOOR CO. OF THE NORTHLAND Equipment Repair & Maint Water Supply (Wells)
271890 663 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1024327 662 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
272522 656 WRS IMPORTS Liquor Product Received Prairie Village Liquor Store
272341 653 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
271944 650 PINT, BRIAN Tuition Reimbursement/School Organizational Services
1024343 644 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
271985 643 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
272048 639 MASTER CRAFT LABELS INC Repair & Maint. Supplies Emergency Management
1024248 637 WATSON CO INC, THE Merchandise for Resale Concessions
1024387 636 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
1024426 634 WERNER ELECTRIC SUPPLY CO.Supplies - Electrical City Center - CAM
272016 628 GERTENS Landscape Materials/Supp City Hall (City Cost)
271927 622 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating
272208 620 STAPLES ADVANTAGE Office Supplies Utility Operations - General
272310 619 AIRGAS USA LLC Supplies - Pool Pool Maintenance
272484 613 OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store
7410 611 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1024234 604 MENARDS Lab Supplies Park Maintenance
272443 603 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
272514 599 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
272178 597 LES JONES ROOFING Contract Svcs - General Bldg Cummins Grill House
272500 597 ROSS KATHLEEN M Other Rentals Summer Theatre
271897 590 FIRE SAFETY USA INC Repair & Maint. Supplies Fire
7433 583 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
1024408 581 BRAUN INTERTEC CORPORATION Testing Transportation Fund
272440 576 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General
272402 574 3D SPECIALTIES Signs Traffic Signs
272192 572 OLSEN CHAIN & CABLE Clothing & Uniforms Fleet Operating
1024436 569 FILTRATION SYSTEMS Supplies - HVAC Fitness/Conference - Cmty Ctr
272485 567 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1024434 558 ECM PUBLISHERS INC Advertising Prairie View Liquor Store
1024395 552 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
271995 550 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn
272449 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Rehab
1024301 547 CHEMSEARCH Supplies - HVAC City Center - CAM
272372 544 NEILL LAKE TOWNHOMES Deposits General Fund
7396 543 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
271902 540 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
272094 540 CARVER COUNTY SHERIFF'S DEPT.Deposits General Fund
1024265 534 THE OASIS GROUP Employee Assistance Organizational Services
1024422 534 THE OASIS GROUP Employee Assistance General Fund
272408 532 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments271979526AIRGAS USA LLC Supplies - General Bldg Fitness/Conference - Cmty Ctr
271984 522 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
272155 518 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
272337 513 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Den Road Liquor Store
1024364 512 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store
1024338 510 IDEAL SERVICE INC Equipment Repair & Maint Water Treatment
1024312 510 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
272363 503 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Administration
1024242 497 SRF CONSULTING GROUP INC Design & Engineering Shady Oak Rd-CR 61 North
272079 489 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
271872 486 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1024257 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service
1024398 480 SPS COMPANIES Supplies - Plumbing City Center - CAM
272225 478 CENTURYLINK Internet Wastewater Lift Station
1024419 477 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1024237 471 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
1024218 470 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
271955 465 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
272331 465 DEALER AUTOMOTIVE SERVICES INC Autos Fleet Capital
272348 464 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
272503 462 SIGNSOURCE Printing Arts
1024261 460 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
1024286 458 MENARDS Repair & Maint. Supplies Den Bldg. - CAM
1024309 457 GUNNAR ELECTRIC CO INC Other Contracted Services Homeward Hills Park
272223 457 BAUER DESIGN BUILD Outside Water Sales Water Enterprise Fund
272086 455 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football
1024451 455 SPS COMPANIES Supplies - Plumbing Fitness/Conference - Cmty Ctr
272338 450 GABBERT RENDAHL LLC AR Utility Water Enterprise Fund
1024377 450 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
272135 450 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
272214 448 TYLER TECHNOLOGIES INC Software IT Capital
1024336 447 FORCE AMERICA Equipment Parts Fleet Operating
272067 444 PRINT SOURCE MINNESOTA Advertising Prairie View Liquor Store
272318 443 BOUND TREE MEDICAL LLC EMS Supplies Fire
272088 440 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1024224 440 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
271928 435 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
272423 435 COMMERCIAL DOOR SYSTEMS INC Building Repair & Maint.Utility Operations - General
272429 429 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
271869 427 ASPEN MILLS Clothing & Uniforms Fire
272494 426 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1024437 415 GRAINGER Building Repair & Maint.Facilities Staff
1024420 411 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance
271889 407 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
272381 405 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
271940 404 PAPCO INC Janitor Service General Community Center
272122 400 CHRIS CASTLE INC Website Development 494 Corridor Commission
272237 400 NAMI MINNESOTA Other Contracted Services Housing and Community Service
1024275 397 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
7408 394 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
272141 393 ENERGY SALES INC Supplies - HVAC Maintenance Facility
Check #Amount Supplier / Explanation Account Description Business Unit Comments271913392J H LARSON COMPANY Repair & Maint. Supplies Staring Lake
271877 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service
272417 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service
1024410 388 CHEMSEARCH Contract Svcs - Ice Rink Ice Arena Maintenance
272332 384 DELTA DENTAL Payroll-Program Manager 494 Corridor Commission
272102 384 56 BREWING LLC Liquor Product Received Den Road Liquor Store
272510 384 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
272139 382 E A SWEEN COMPANY Merchandise for Resale Concessions
272426 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
1024450 380 REINDERS INC Chemicals Park Maintenance
272105 374 ALTEC INDUSTRIES INC Equipment Parts Fleet Operating
1024239 374 PLASTICS INTERNATIONAL Equipment Parts Fleet Operating
1024269 372 AMERITRAK Other Contracted Services Snow & Ice Control
272015 371 GALLS LLC Clothing & Uniforms Police Sworn
271994 371 CINTAS CORPORATION Safety Supplies Community Center Admin
1024223 368 A-SCAPE INC Contract Svcs - Lawn Maint.Arts Center
272060 365 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1024441 364 INDUSTRIAL FLOOR MAINTENANCE INC.Equipment Parts Fleet Operating
272209 360 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
272451 360 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Garden Room Repairs
272236 360 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire
272330 358 DAY TRIPPERS DINNER THEATRE Special Event Fees Trips
271954 357 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
272418 353 CENTURYLINK Telephone Staring Lake
1024360 351 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
272166 349 J & R COMPLETE AUTO & RADIATOR Equipment Repair & Maint Fleet Operating
272412 348 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
271976 347 M-R SIGN CO INC Signs Traffic Signs
272046 345 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1024372 345 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment
271982 342 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
272333 341 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
272049 339 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1024341 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating
271946 338 PRAIRIE RESTORATIONS INC Maintenance Contracts Stormwater Non-Capital
1024432 334 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM
1024251 332 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Senior Center
1024400 332 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance
1024238 331 PITNEY BOWES Office Supplies Administration
272250 328 ASHBRIDGE REBECCA AR Utility Water Enterprise Fund
272249 327 ARNOLD KATHLEEN AR Utility Water Enterprise Fund
272387 327 STAPLES ADVANTAGE Office Supplies Administration
272172 325 KATZ, BARRY Conference/Prof. Dev.494 Corridor Commission
271987 325 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
271970 325 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution
1024397 321 RIGID HITCH INCORPORATED Autos Fleet Capital
272121 319 CHANKASKA CREEK RANCH & WINERY, LLC Liquor Product Received Prairie Village Liquor Store
1024263 317 NARAYANAN PG Travel Expense City Council
1024255 315 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Stormwater Collection
1024252 306 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store
1024310 305 HYNEK, EVAN Clothing & Uniforms Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments1024382303VEOLIAWaste Disposal Fleet Operating
271933 300 MN COMMERCIAL ASSOCIATION OF REAL ESTATE Dues & Subscriptions General Fund
272384 300 SCOTT COUNTY TREASURER Other Rentals Police Sworn
272432 300 DRAG N FLY WIRELESS INC Other Contracted Services Round Lake
272513 300 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection
272311 298 ALEX AIR APPARATUS INC Equipment Repair & Maint Emergency Management
271934 295 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1024393 293 MATHESON TRI-GAS INC Safety Supplies Fleet Operating
271912 290 INTERTECH INC Contract Development IT Operating
272446 289 GS DIRECT Operating Supplies Engineering
272200 286 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store
1024226 286 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
272005 279 E A SWEEN COMPANY Merchandise for Resale Concessions
1024448 275 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical General Community Center
271888 274 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers
272064 273 OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store
272370 273 MRPA Conference/Training General Fund
272533 270 DELTA DENTAL Prepaid Expenses 494 Corridor Commission
7385 269 US BANK - PAYMODE Bank and Service Charges Finance
272507 267 STAPLES ADVANTAGE Office Supplies Administration
272421 267 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
272235 267 MAILMANAGER LTD Software Maintenance IT Operating
272482 266 OLSEN CHAIN & CABLE Clothing & Uniforms Fleet Operating
271886 266 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
272251 265 BAYSUDEE WAHID AR Utility Water Enterprise Fund
271857 264 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1024277 263 FORCE AMERICA Equipment Parts Fleet Operating
1024235 258 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
272198 255 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
272191 252 NORTH AMERICAN SAFETY INC Repair & Maint. Supplies Utility Operations - General
271948 251 PRINCIPAL FINANCIAL GROUP Payroll-Program Manager 494 Corridor Commission
272492 251 PRINCIPAL FINANCIAL GROUP Prepaid Expenses 494 Corridor Commission
272470 250 LUX, EMILY LOUISE Other Contracted Services Theatre Initiative
272349 248 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1024217 248 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
271898 248 GITCH GEAR LLC Liquor Product Received Prairie View Liquor Store
1024305 248 FASTENAL COMPANY Equipment Parts Fleet Operating
271959 248 SIGNSOURCE Advertising Skating Rinks/Warming Houses
272523 244 XIONG, AE P&R Refunds Community Center Admin
272315 242 ASPEN MILLS Clothing & Uniforms Volunteers
272300 242 STEVENSON MATT AR Utility Water Enterprise Fund
272034 240 J H LARSON COMPANY Repair & Maint. Supplies Riley Lake
272149 240 FROST, MICHELLE Rebates Stormwater Non-Capital
272410 239 BOUND TREE MEDICAL LLC Training Supply-Operating Fire
271881 238 CINTAS Operating Supplies Park Maintenance
272420 238 CINTAS Operating Supplies Park Maintenance
1024347 237 REINDERS INC Chemicals Park Maintenance
1024391 236 GRAINGER Repair & Maint. Supplies City Center - CAM
271891 236 E A SWEEN COMPANY Merchandise for Resale Concessions
1024404 236 ADAMS PEST CONTROL INC Contract Svcs - Pest Control General Community Center
1024442 235 JEFFERSON FIRE & SAFETY INC Small Tools Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments272136232DIRECTVOther Contracted Services Community Center Admin
271858 230 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
272463 230 LAKE COUNTRY DOOR LLC Building Repair & Maint.Utility Operations - General
1024253 230 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1024317 229 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
272150 229 GALLS LLC Clothing & Uniforms Volunteers
271977 228 3D SPECIALTIES Signs Traffic Signs
1024319 225 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
272179 223 LOMASTRO MICHAEL Travel Expense Fire
272164 222 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
272413 221 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
272378 221 PAPCO INC Janitor Service General Community Center
272395 220 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
7418 219 OPTUM HEALTH Other Contracted Services Health and Benefits
1024270 218 A-SCAPE INC Contract Svcs - Lawn Maint.Arts Center
272158 217 HARTZELL, PAUL Operating Supplies Theatre Initiative
1024407 216 BERRY COFFEE COMPANY Merchandise for Resale Concessions
272159 216 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
1024313 215 MADISON, MELISSA Corridor Comm. Misc 494 Corridor Commission
271949 214 PROP - PR Charitable Contributions Health and Benefits
272230 213 GALLS LLC Clothing & Uniforms Volunteers
271963 213 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
272281 213 KRISHNAN HARIANAND AR Utility Water Enterprise Fund
1024365 212 BATTERIES PLUS Supplies - Fire/Life/Safety General Community Center
271873 212 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
272246 211 AGRAWAL BRAJ AR Utility Water Enterprise Fund
272010 210 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
272471 208 MACQUEEN EQUIPMENT INC Lubricants & Additives Fleet Operating
272170 202 JOHNSTONE SUPPLY Supplies - HVAC Den Bldg. - CAM
272229 201 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
271932 200 MN AWARDS & PROMOTIONS Operating Supplies Sustainable Eden Prairie
271935 200 NAMI MINNESOTA Other Contracted Services Housing and Community Service
272030 200 IAAO Dues & Subscriptions General Fund
272163 200 IAAO Dues & Subscriptions General Fund
272224 200 CALLO, WALDO Other Contracted Services Theatre Initiative
272382 200 RED TEAM POLICE K9 CONSULTING Other Contracted Services Police Sworn
272475 200 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Fire Station #1
1024302 200 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating
271929 196 MINNESOTA AIR INC Supplies - HVAC Maintenance Facility
272117 196 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1024292 193 SPRINT Cell/Pager Plans 494 Corridor Commission
1024241 192 SHERWIN WILLIAMS CO Operating Supplies City Hall (City Cost)
272107 191 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
272125 190 COMCAST Internet IT Operating
272317 189 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1024264 189 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
272078 188 STAPLES ADVANTAGE Office Supplies Administration
272201 188 SCHUG ALICE P&R Refunds Community Center Admin
272041 188 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
272171 188 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
272013 186 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments272329186DALCOOperating Supplies Fleet Operating
1024299 186 BERRY COFFEE COMPANY Merchandise for Resale Concessions
271895 185 ESTRINE, ROBERT Other Contracted Services Community Band
272479 185 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
272502 185 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
271939 184 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
7427 178 VANCO SERVICES Bank and Service Charges Wastewater Accounting
272304 175 UNITED PROPERTIES DEVELOPMENT LLC AR Utility Water Enterprise Fund
272032 171 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
272365 170 MISKOWIC HOMES AR Utility Water Enterprise Fund
272142 170 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering
272321 168 CENTURYLINK Internet IT Operating
272104 165 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
271905 163 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
271917 163 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
272119 162 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store
272366 161 MONTGOMERY JOY P&R Refunds Community Center Admin
272334 161 E A SWEEN COMPANY Merchandise for Resale Concessions
1024323 161 WEEDMAN, NICOLE Mileage & Parking Youth Programs Admin
272295 161 READER DOUGLAS AR Utility Water Enterprise Fund
1024392 161 JANEX INC Cleaning Supplies Park Shelters
1024456 157 STERICYCLE INC Other Contracted Services Police Sworn
272466 157 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
1024311 154 JOHNSTONE SUPPLY Contract Svcs - HVAC Fitness/Conference - Cmty Ctr
272497 152 REACH COMPANIES LLC Merchandise for Resale Concessions
272505 152 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk
272061 150 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance
1024245 150 USA SECURITY Maintenance Contracts Water Treatment
1024458 150 USA SECURITY Maintenance Contracts Water Treatment
1024278 150 GRAINGER Cleaning Supplies Park Maintenance
272167 147 J H LARSON COMPANY Supplies - Electrical Fitness/Conference - Cmty Ctr
272459 145 INTERTECH INC Contract Development IT Operating
271862 143 ADESA MPLS Miscellaneous DWI Forfeiture
272196 143 PIRTEK BURNSVILLE Equipment Repair & Maint Wasterwater Collection
1024337 143 GRAINGER Supplies - Plumbing Arts Center
272282 141 LUU DUC AR Utility Water Enterprise Fund
1024281 141 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
1024250 140 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
1024260 140 JULIEN KRISTIAN Mileage & Parking Park Facilities
1024418 139 PORTA, KITTY Mileage & Parking City Clerk
1024435 139 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
271919 138 LAROSA MIRANDA P&R Refunds Community Center Admin
1024462 137 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
272021 135 HAGERT CASEY Mileage & Parking Youth Programs Admin
1024291 135 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Center - CAM
271859 134 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating
271999 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
272425 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
272526 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
272292 132 PETERSON SUE AR Utility Water Enterprise Fund
272481 130 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration
Check #Amount Supplier / Explanation Account Description Business Unit Comments272319130BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
272411 130 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
272294 129 RATNER KRISTEN AR Utility Water Enterprise Fund
1024219 129 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
272146 129 FLEET MAINTENANCE INC Equipment Parts Fleet Operating
1024369 126 CARLSTON, BRANDON Canine Supplies Police Sworn
272131 125 CRASSAS TRACIE Tuition Reimbursement/School Fitness Classes
272396 125 VERTEX UNMANNED SOLUTIONS Tuition Reimbursement/School Police Sworn
1024328 125 ASPEN WASTE SYSTEMS INC.Waste Disposal Maintenance Facility
1024303 122 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance
272090 122 VERIZON WIRELESS Telephone E-911 Program
272029 121 HP INC Office Supplies Staring Lake
272173 121 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Youth Programs Admin
272031 121 IDN-H. HOFFMAN, INC Supplies - Security Fitness/Conference - Cmty Ctr
272400 120 OFFICE OF THE SECRETARY OF STATE Dues & Subscriptions General Fund
272401 120 OFFICE OF THE SECRETARY OF STATE Dues & Subscriptions General Fund
272512 119 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
272074 117 SIGNSOURCE Operating Supplies Community Band
272247 117 ANN LEE AR Utility Water Enterprise Fund
272081 116 TCG MANAGEMENT Cash Over/Short General Fund
272068 115 PROP - PR Charitable Contributions Health and Benefits
272277 115 JOHNSON DENNIS AR Utility Water Enterprise Fund
1024316 115 PROSOURCE SUPPLY Supplies - General Bldg Ice Arena Maintenance
272127 113 COMCAST Cable TV Fire
272183 113 MINNESOTA CHIEFS OF POLICE ASSOC Printing General Fund
271997 112 COMCAST Phone/Data/Web 494 Corridor Commission
272114 112 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
272265 111 FLESCH JOHN AR Utility Water Enterprise Fund
1024216 108 NAUMANN, ANDREW Training Supplies Police Sworn
272306 108 VADIS DIANA AR Utility Water Enterprise Fund
272493 107 PROP - PR Charitable Contributions Health and Benefits
272531 107 PROP - PR Charitable Contributions Health and Benefits
272291 107 OSTERGAARD ERIC AR Utility Water Enterprise Fund
1024212 106 DUNGAN, TRACY Mileage & Parking Concessions
272199 106 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
272157 104 GROTH MUSIC Operating Supplies Community Band
272359 103 MCCARTY HERRON, TERESA Tuition Reimbursement/School Fitness Classes
271882 101 COMCAST Equipment Repair & Maint E-911 Program
272151 101 GERTENS Landscape Materials/Supp Pleasant Hill Cemetery
271883 101 COMCAST Cable TV Fire
272326 101 COMCAST Cable TV Fire
272424 100 COMMISSIONER OF TRANSPORTATION Conference/Training General Fund
272474 100 METRO CHIEF FIRE OFFICERS ASSOCIATION Dues & Sub-Magazine etc General Fund
272506 100 SPRINT Other Contracted Services Police Sworn
272447 99 H2I GROUP Miscellaneous IT Operating
272257 96 EK CARRIE AR Utility Water Enterprise Fund
272050 95 MCKAY, JANET AR Utility Water Enterprise Fund
271866 94 APCO INTERNATIONAL Dues & Subscriptions General Fund
272312 94 APCO INTERNATIONAL Printing Police Sworn
272161 93 HESDORFFER BOYD Operating Supplies Volunteers
1024379 93 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments27228093KENNEDY PERRY AR Utility Water Enterprise Fund
272284 92 MCTIUGE TERENCE AR Utility Water Enterprise Fund
1024430 92 BOYER TRUCKS Equipment Parts Fleet Operating
272362 92 MIKEL, RACHEL Mileage & Parking Special Events Admin
1024445 90 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
1024366 90 BLOOMINGTON SECURITY SOLUTIONS Supplies - Security Police (City Cost)
1024402 90 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #1
1024406 90 BATTERIES PLUS Equipment Parts Fleet Operating
272383 89 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
272261 89 ELISON STEPHEN AR Utility Water Enterprise Fund
272271 89 HAUCK TAD AR Utility Water Enterprise Fund
272290 88 O'BRIEN ANDREW AR Utility Water Enterprise Fund
272123 88 COMCAST Internet IT Operating
1024454 88 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Utility Operations - General
272428 86 DIMMEL, KEVIN P&R Refunds Community Center Admin
272252 86 BELL DONALD AR Utility Water Enterprise Fund
7406 85 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
272404 85 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
272232 84 HOSE PROS, INC Repair & Maint. Supplies Park Maintenance
1024415 83 HALLOCK COMPANY INC Operating Supplies Street Lighting
7394 83 SQUARE Bank and Service Charges Community Center Admin
272464 82 LANO EQUIPMENT INC Equipment Parts Fleet Operating
272298 82 SIPPRELL DENNIS AR Utility Water Enterprise Fund
1024409 82 CARLSTON, BRANDON Operating Supplies Police Sworn
272248 82 ARMANFAR NOUSHIN AR Utility Water Enterprise Fund
272324 81 COMCAST Equipment Repair & Maint E-911 Program
1024208 81 CARLSTON, BRANDON Motor Fuels Fleet Operating
1024314 80 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
7419 80 MONEY MOVERS INC Other Contracted Services Community Center Admin
271937 79 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance
272347 79 IDN-H. HOFFMAN, INC Supplies - General Bldg Fitness/Conference - Cmty Ctr
272055 79 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
1024289 77 PLASTICS INTERNATIONAL Building Materials Staring Lake
272385 77 SHRED RIGHT Waste Disposal City Hall (City Cost)
272452 77 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
271870 77 BECKER ARENA PRODUCTS INC Operating Supplies Ice Operations
272062 75 NALMS Dues & Subscriptions Stormwater Non-Capital
272113 75 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance
272403 75 3RD LAIR Instructor Service Lesson Skills Development
272286 75 NILSON DEB AR Utility Water Enterprise Fund
271952 72 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
272007 72 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
272222 71 BANKS ALEX AR Utility Water Enterprise Fund
272103 68 A TO Z RENTAL CENTER Small Tools Emergency Management
272305 68 UPPALURI SUBBARAO AR Utility Water Enterprise Fund
272130 67 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
271884 67 COMCAST Cable TV Fire
272327 67 COMCAST Cable TV Fire
272296 66 SCHWARTZ JOSHUA AR Utility Water Enterprise Fund
272260 65 ELEMENT FLEET CORPORATION AR Utility Water Enterprise Fund
272355 65 LAUINGER RACHEL P&R Refunds Community Center Admin
Check #Amount Supplier / Explanation Account Description Business Unit Comments27203665JOHANNESON ASHER MARYA Tuition Reimbursement/School Fitness Classes
1024211 65 DARLING, ANDREA Tuition Reimbursement/School Fitness Classes
272040 64 JOHNSTONE SUPPLY Supplies - HVAC Maintenance Facility
271938 64 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Utility Operations - General
271936 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
272276 64 JOHNSON DALE AR Utility Water Enterprise Fund
272358 62 MASTER TECHNOLOGY GROUP INC Development Fire Permits General Fund
1024215 60 MPX GROUP, THE Printing Police Sworn
7397 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
7412 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
1024306 58 FREIBERG MARK Travel Expense City Council
271969 58 UNITED WAY Charitable Contributions Health and Benefits
1024421 58 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
272255 57 DEJONG ALICE AR Utility Water Enterprise Fund
271964 56 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1024359 56 GINA MARIAS INC Operating Supplies Volunteers
272375 55 OLSEN CHAIN & CABLE Repair & Maint. Supplies Wasterwater Collection
272145 55 FIRECOM Equipment Repair & Maint Public Safety Communications
7421 54 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
272126 53 COMCAST Cable TV Fire
272422 52 COMCAST Internet IT Operating
1024367 50 BOHNSACK, SUE Mileage & Parking Internal Events
272071 50 SCHULZE DEREK Deposits General Fund
272184 50 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues & Sub-Cert & Licensing Fire
272218 50 WILKERSON LINDSY Conference/Training Fitness Classes
1024331 50 BOYER TRUCKS Equipment Parts Fleet Operating
272283 50 MAZZOLENI JANET AR Utility Water Enterprise Fund
272110 49 ASPEN MILLS Clothing & Uniforms Volunteers
272445 48 GROTH MUSIC Operating Supplies Community Band
1024357 48 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
1024370 48 EICHMAN NATHAN Canine Supplies Police Sworn
1024449 48 PREMIUM WATERS INC Operating Supplies - Water Fire
1024355 48 CASE, RON Miscellaneous City Council
272288 46 NIVEN BILL AR Utility Water Enterprise Fund
272076 46 SONBARSE, SANTOSH P&R Refunds Community Center Admin
272511 46 STILLEY, AARON P&R Refunds Community Center Admin
272369 45 MPCA Licenses, Taxes, Fees Utility Operations - General
272124 45 COMCAST Cable TV Fire
1024413 45 GENERAL PARTS LLC Supplies - General Bldg City Hall (City Cost)
1024345 44 POMP'S TIRE SERVICE INC Tires Fleet Operating
272254 44 BREUER JAY AR Utility Water Enterprise Fund
272227 43 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers
271892 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
271893 42 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
271894 42 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
272435 42 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
272528 42 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
1024375 42 OLSON, ROBERT Other Contracted Services Police Sworn
1024262 42 MINNESOTA NATIVE LANDSCAPES Landscape Materials/Supp Park Maintenance
272033 40 IPMA-HR MINNESOTA Conference/Training Human Resources
272263 38 EUSTICE BRITTANY AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments27228737NIMMO CHERYL AR Utility Water Enterprise Fund
272231 36 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance
271908 35 IEDITWEB INC Licenses, Taxes, Fees Garden Room Repairs
271930 35 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Concessions
272140 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council
272356 32 LENNOX INDUSTRIES INC.Supplies - HVAC Senior Center
272480 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
272530 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
272278 31 KALEEM ASIF AR Utility Water Enterprise Fund
271871 30 BERGSTROM AMANDA Tuition Reimbursement/School Fitness Classes
272092 30 WETLAND PROFESSIONALS ASSOCIATION Dues & Subscriptions Stormwater Non-Capital
271942 29 PELLETIER SUSAN P&R Refunds Community Center Admin
272085 29 UNITED WAY Charitable Contributions Health and Benefits
272519 29 UNITED WAY Charitable Contributions Health and Benefits
272532 29 UNITED WAY Charitable Contributions Health and Benefits
272258 29 ELANGOVAN LAKSHMANA AR Utility Water Enterprise Fund
1024368 28 BOSACKER MIKE Mileage & Parking Police Sworn
272373 28 NIENABER JENNIFER Tuition Reimbursement/School Fitness Classes
272299 27 STETTNER MICHELLE AR Utility Water Enterprise Fund
272297 26 SINGSON JENNIFER AR Utility Water Enterprise Fund
272182 26 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
271981 26 AMERICAN PRESSURE INC Supplies - General Bldg Maintenance Facility
272268 26 GILLITZER RANDOLPH AR Utility Water Enterprise Fund
7425 25 FURTHER - AKA SELECT HRA Health and Benefits
1024389 24 FERRELLGAS Gas Outdoor Center
1024376 23 PARK SUPPLY OF AMERICA INC Supplies - Plumbing Ice Arena Maintenance
1024401 23 UPS Postage Police Sworn
1024423 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
271998 22 COMCAST Other Contracted Services Police Sworn
272006 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
272434 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
272527 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
272293 20 RASKIN DAVIN AR Utility Water Enterprise Fund
271880 20 CHRIS CASTLE INC Website Development 494 Corridor Commission
272322 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
272364 20 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
272419 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
272289 20 NUNGESSER PAUL AR Utility Water Enterprise Fund
1024320 19 SPOK, INC.Cell/Pager Plans IT Operating
271906 19 HIGHWAY 5 BP Motor Fuels Fleet Operating
272266 17 FLOREY KEVIN AR Utility Water Enterprise Fund
272270 17 GUSE NICK AR Utility Water Enterprise Fund
272302 15 THORSEN WILLIAM AR Utility Water Enterprise Fund
272509 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
272274 14 JACOBS MOLLY AR Utility Water Enterprise Fund
272285 14 MOLINARI PABLO AR Utility Water Enterprise Fund
272256 13 DMOWSKI GEORGE AR Utility Water Enterprise Fund
272267 12 FRIEDRICHS CALLEEN AR Utility Water Enterprise Fund
272275 12 JACOBUS ROLAND AR Utility Water Enterprise Fund
272301 11 SYVERSON GREGG AR Utility Water Enterprise Fund
272264 10 FISH BRANDON AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments27217710LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
272427 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
272273 9 HUDDLESTON JACK AR Utility Water Enterprise Fund
272477 9 MOHAMED, SAHAN P&R Refunds Community Center Admin
272272 8 HEISER JUDY AR Utility Water Enterprise Fund
272269 8 GROSSMAN CRAIG AR Utility Water Enterprise Fund
272483 8 OMEGA INDUSTRIES Operating Supplies Park Maintenance
272399 7 JOHNSON MICHELLE Deposits General Fund
271931 7 MINNESOTA STATE FIRE DEPT ASSN Dues & Subscriptions Fire
272279 7 KARKHOFF BRUCE AR Utility Water Enterprise Fund
272253 7 BENSON DWIGHT AR Utility Water Enterprise Fund
272245 7 ACTIVE 911 INC Software Maintenance IT Operating
272262 6 ENGELSTAD NOLA AR Utility Water Enterprise Fund
272303 5 TWEDT TONY AR Utility Water Enterprise Fund
272325 2 COMCAST Other Contracted Services Police Sworn
10,883,612 Grand Total
City of Eden PrairiePurchasing Card Payment Report
1/7/2020
Amount Account Description Business Unit
5,759 Building Surcharge General Fund
2,547 Other Assets Public Safety Communications
2,525 Repair & Maint. Supplies Public Safety Communications
2,004 Capital Under $25,000 Concessions
1,901 Tuition Reimbursement/School Police Sworn
1,725 Software IT Operating
1,389 Repair & Maint. Supplies Wasterwater Collection
1,322 Small Tools Fire
1,277 Conference/Training City Council
1,144 Conference/Training City Council
1,144 Conference/Training Administration
1,144 Conference/Training City Council
1,144 Conference/Training City Council
890 Operating Supplies Fitness Classes
866 Operating Supplies Police Sworn
835 Special Event Fees Special Events & Trips
790 Clothing & Uniforms Police Sworn
767 Miscellaneous Internal Events
750 Conference/Training City Council
721 Prepaid Expenses General Fund
695 Conference/Training Communications
695 Prepaid Expenses General Fund
695 Prepaid Expenses General Fund
695 Prepaid Expenses General Fund
695 Tuition Reimbursement/School Police Sworn
695 Prepaid Expenses General Fund
695 Tuition Reimbursement/School Police Sworn
695 Prepaid Expenses General Fund
680 Prepaid Expenses General Fund
675 Conference/Training Police Sworn
675 Prepaid Expenses General Fund
675 Clothing & Uniforms Police Sworn
630 Mechanical Surcharge General Fund
565 Travel Expense Youth Programs Admin
527 Licenses, Taxes, Fees Fitness Classes
510 Operating Supplies Day Care
503 Other Contracted Services Police Sworn
Amount Account Description Business Unit500AwardsAthletic Programs Admin
496 Operating Supplies Day Care
495 Conference/Training Youth Programs Admin
479 Operating Supplies Pool Operations
458 Training Supplies Fitness Center
445 Plumbing Surcharge General Fund
425 Prepaid Expenses General Fund
417 Miscellaneous Volunteers
395 Dues & Subscriptions Community Development Admin.
395 Prepaid Expenses General Fund
390 Training Supplies Police Sworn
389 Operating Supplies-Dept Events Fire
385 Small Tools Street Maintenance
385 Bank and Service Charges Den Road Liquor Store
384 Miscellaneous Internal Events
378 Operating Supplies Police Sworn
377 Bank and Service Charges Den Road Liquor Store
371 Travel Expense Human Resources
371 Prepaid Expenses General Fund
370 Tires Fleet Operating
358 Training Supplies Fitness Classes
348 Miscellaneous Police Sworn
345 Operating Supplies Birthday Parties
333 Capital Under $25,000 Fitness Classes
330 Clothing & Uniforms Police Sworn
323 Repair & Maint. Supplies Water Treatment
314 Landscape Materials/Supp Park Maintenance
312 Miscellaneous City Council
310 Fire Prevention Supplies Fire
300 Conference/Training Utility Operations - General
299 Software Maintenance IT Operating
286 Equipment Parts Fleet Operating
283 Small Tools Park Maintenance
283 Miscellaneous City Council
281 Operating Supplies Senior Center Programs
275 Prepaid Expenses General Fund
269 Training Supply-Operating Fire
268 Repair & Maint. Supplies Water Distribution
263 Office Supplies Utility Operations - General
261 Operating Supplies - Food Fire
260 Operating Supplies Fleet Operating
Amount Account Description Business Unit259Training Supplies Police Sworn
257 Operating Supplies Park Maintenance
253 Office Supplies Fire
251 Equipment Parts Emergency Management
249 Operating Supplies Police Sworn
240 Bank and Service Charges Den Road Liquor Store
240 Supplies - Snow Removal City Center - CAM
231 Bank and Service Charges Prairie View Liquor Store
217 Operating Supplies-Dept Events Fire
209 Capital Under $25,000 Fitness Center
202 Merchandise for Resale Concessions
200 Conference/Training Utility Operations - General
200 Dues & Subscriptions Economic Development
200 Prepaid Expenses General Fund
190 Operating Supplies Day Care
188 Travel Expense Youth Programs Admin
187 Equipment Repair & Maint Senior Center Programs
184 Bank and Service Charges Prairie Village Liquor Store
184 Training Supplies Police Sworn
182 Bank and Service Charges Prairie Village Liquor Store
180 Conference/Training Pool Operations
178 Conference/Training Housing and Community Service
178 Equipment Repair & Maint Wasterwater Collection
175 Dues & Subscriptions Organizational Services
175 Prepaid Expenses General Fund
168 Operating Supplies Skating Rinks/Warming Houses
161 Training Supplies Police Sworn
159 Equipment Parts Emergency Management
157 Operating Supplies Community Center Admin
156 Equipment Parts Fleet Operating
150 Operating Supplies Day Care
149 Small Tools Fire
134 Operating Supplies Fire
132 Canine Supplies Police Sworn
125 Conference/Training Engineering
125 Prepaid Expenses General Fund
119 Other Contracted Services Communications
119 Prepaid Expenses General Fund
117 Clothing & Uniforms Police Sworn
117 Equipment Repair & Maint Fitness Classes
113 Small Tools Fire
Amount Account Description Business Unit112Operating Supplies Specialty Fitness Programs
112 Capital Under $25,000 Fitness Center
111 Supplies - Snow Removal City Center - CAM
110 Training Supplies Community Center Admin
110 Operating Supplies Community Center Admin
109 Operating Supplies Fire
107 Repair & Maint. Supplies Fire
101 Training Supplies Police Sworn
100 Licenses, Taxes, Fees Fitness Classes
100 Operating Supplies Pool Lessons
100 Awards Pickleball
99 Capital Under $25,000 Fitness Center
98 Dues & Subscriptions Community Development Admin.
97 Dues & Subscriptions Economic Development
97 Dues & Subscriptions Housing and Community Service
97 Dues & Subscriptions Assessing
97 Dues & Subscriptions Planning
97 Dues & Subscriptions Finance
97 Dues & Subscriptions City Council
97 Operating Supplies Community Center Admin
96 Small Tools Fire
96 Operating Supplies Arts Center
95 Software Maintenance IT Operating
90 Equipment Parts Fleet Operating
90 Merchandise for Resale Concessions
90 Tuition Reimbursement/School Fitness Classes
89 Capital Under $25,000 Den Road Liquor Store
89 Capital Under $25,000 Prairie View Liquor Store
89 Capital Under $25,000 Prairie Village Liquor Store
89 Other Contracted Services Fire
89 Operating Supplies Youth Programs Admin
88 Operating Supplies Skating Rinks/Warming Houses
85 Merchandise for Resale Concessions
84 Licenses, Taxes, Fees Ice Lessons
84 Travel Expense City Council
82 Operating Supplies Police Sworn
82 Operating Supplies Concessions
81 Office Supplies Utility Operations - General
81 Office Supplies Police Sworn
80 Operating Supplies Street Maintenance
79 Machinery & Equipment Water Treatment
Amount Account Description Business Unit79Repair & Maint. Supplies Water Treatment
79 Office Supplies Fire
79 Supplies - Snow Removal City Center - CAM
79 Operating Supplies - Food Fire
77 Office Supplies Police Sworn
75 Operating Supplies Arts Center
75 Conference/Training Senior Center Admin
75 Operating Supplies Snow & Ice Control
75 Operating Supplies Pool Operations
75 Operating Supplies IT Operating
73 Travel Expense City Council
73 Operating Supplies Fitness Center
72 Operating Supplies-Dept Events Fire
71 Operating Supplies IT Operating
71 Operating Supplies Outdoor Center
70 Operating Supplies Fitness Center
70 Operating Supplies-Dept Events Fire
69 Operating Supplies Ice Lessons
67 Capital Under $25,000 Fitness Center
65 Canine Supplies Police Sworn
65 Repair & Maint. Supplies Utility Operations - General
64 Miscellaneous Senior Center Admin
62 Miscellaneous Community Development Admin.
62 Advertising Arts Center
62 Employee Award Organizational Services
61 Equipment Repair & Maint Public Safety Communications
60 Travel Expense City Council
60 Advertising Arts Center
60 Conference/Training Youth Programs Admin
60 Repair & Maint. Supplies Water Treatment
60 Merchandise for Resale Concessions
60 Prepaid Expenses IT Operating
60 Prepaid Expenses IT Operating
60 Prepaid Expenses IT Operating
60 Prepaid Expenses IT Operating
58 Office Supplies Police Sworn
58 Licenses, Taxes, Fees Park Maintenance
58 Operating Supplies Fitness Classes
58 Merchandise for Resale Concessions
55 Prepaid Expenses General Fund
55 Merchandise for Resale Concessions
Amount Account Description Business Unit55Prepaid Expenses IT Operating
54 Operating Supplies Outdoor Center
54 Supplies - HVAC City Center - CAM
54 Office Supplies Fire
53 Special Event Fees Senior Board
51 Merchandise for Resale Concessions
51 Operating Supplies Outdoor Center
51 Operating Supplies Pool Operations
50 Operating Supplies Police Sworn
50 Printers -Accessories IT Operating
50 Merchandise for Resale Concessions
50 Dues & Subscriptions Police Sworn
50 Prepaid Expenses General Fund
50 Merchandise for Resale Concessions
50 Merchandise for Resale Concessions
49 Dues & Subscriptions Community Development Admin.
49 Merchandise for Resale Concessions
48 Repair & Maint. Supplies Water Distribution
47 Merchandise for Resale Concessions
44 Merchandise for Resale Concessions
44 Equipment Repair & Maint Senior Center Programs
43 Office Supplies Senior Center Admin
43 Operating Supplies Fitness Classes
42 Operating Supplies Police Sworn
41 Operating Supplies Snow & Ice Control
41 Equipment Repair & Maint Pool Operations
41 Operating Supplies Arts Center
41 Capital Under $25,000 Fitness Classes
40 Merchandise for Resale Concessions
39 Operating Supplies Riley Lake Beach
39 Operating Supplies Outdoor Center
39 Operating Supplies Skating Rinks/Warming Houses
38 Operating Supplies Fitness Classes
37 Operating Supplies Arts Center
36 Operating Supplies Round Lake Beach
36 Equipment Parts Fleet Operating
36 Operating Supplies Arts Center
36 Operating Supplies Specialty Fitness Programs
36 Capital Under $25,000 Fitness Classes
35 Operating Supplies IT Operating
34 Small Tools Public Safety Communications
Amount Account Description Business Unit34Operating Supplies-Dept Events Fire
34 Operating Supplies Pool Operations
33 Operating Supplies Senior Center Admin
33 Operating Supplies New Adaptive
32 Operating Supplies IT Operating
32 Building Repair & Maint.Water Treatment
32 Travel Expense Administration
31 Operating Supplies Outdoor Center
31 Travel Expense Administration
30 Travel Expense Administration
30 Conference/Training Community Center Admin
30 Conference/Training Utility Operations - General
30 Licenses, Taxes, Fees Facilities Staff
30 Operating Supplies Volunteers
30 Operating Supplies Pool Operations
30 Merchandise for Resale Concessions
30 Equipment Repair & Maint Senior Center Programs
29 Computer -Accessories IT Operating
29 Operating Supplies Outdoor Center
29 Postage Facilities Staff
28 Repair & Maint. Supplies Water Treatment
27 Operating Supplies Police Sworn
27 Merchandise for Resale Concessions
27 Operating Supplies Senior Center Admin
27 Merchandise for Resale Concessions
26 Operating Supplies Fitness Classes
25 Office Supplies Police Sworn
25 Training Supply-Operating Fire
25 Safety Supplies Utility Operations - General
25 Prepaid Expenses General Fund
25 Prepaid Expenses General Fund
25 Prepaid Expenses General Fund
25 Training Supplies Police Sworn
24 Operating Supplies Arts Center
24 Office Supplies Fire
24 Operating Supplies Fitness Admin.
24 Operating Supplies New Adaptive
24 Special Event Fees Senior Center Programs
24 Operating Supplies Arts Center
22 Equipment Repair & Maint Public Safety Communications
21 Building Materials Outdoor Center
Amount Account Description Business Unit21Building Materials Outdoor Center
21 Equipment Repair & Maint Public Safety Communications
20 Operating Supplies Community Center Admin
20 Miscellaneous Police Sworn
20 Merchandise for Resale Concessions
20 Software Maintenance IT Operating
19 Operating Supplies IT Operating
19 Operating Supplies-Dept Events Fire
19 Employee Award Organizational Services
19 Operating Supplies Arts Center
19 Merchandise for Resale Concessions
18 Supplies - Security Police (City Cost)
18 Equipment Repair & Maint Fitness Classes
18 Operating Supplies Playgrounds
18 Operating Supplies New Adaptive
17 Repair & Maint. Supplies Utility Operations - General
17 Operating Supplies Outdoor Center
16 Merchandise for Resale Concessions
16 Operating Supplies Outdoor Center
16 Operating Supplies Pool Operations
16 Equipment Parts Emergency Management
16 Operating Supplies Day Care
16 Merchandise for Resale Concessions
15 Special Event Fees Senior Center Programs
15 Miscellaneous Housing and Community Service
15 Other Contracted Services Organizational Services
15 Merchandise for Resale Concessions
15 Miscellaneous Housing and Community Service
14 Operating Supplies Arts Center
14 Other Contracted Services Snow & Ice Control
14 Operating Supplies Volunteers
14 Merchandise for Resale Concessions
13 Operating Supplies Fitness Admin.
13 Miscellaneous City Council
12 Office Supplies Arts Center
12 Operating Supplies Senior Center Admin
12 Operating Supplies Police Sworn
12 Travel Expense City Council
11 Operating Supplies Outdoor Center
11 Operating Supplies Pool Operations
11 Merchandise for Resale Concessions
Amount Account Description Business Unit10Clothing & Uniforms Utility Operations - General
10 Office Supplies Fire
10 Bank and Service Charges Customer Service
10 Operating Supplies Volunteers
9 Travel Expense City Council
9 Operating Supplies Senior Center Programs
9 Operating Supplies Specialty Fitness Programs
9 Operating Supplies Community Center Admin
9 Lubricants & Additives Fleet Operating
8 Operating Supplies Arts Center
8 Operating Supplies IT Operating
8 Operating Supplies Senior Center Admin
8 Office Supplies Police Sworn
7 Merchandise for Resale Concessions
7 Operating Supplies Outdoor Center
7 Small Tools Fire
7 Operating Supplies Arts Center
6 Clothing & Uniforms Utility Operations - General
6 Training Supplies Police Sworn
6 Operating Supplies Prairie Village Liquor Store
6 Operating Supplies Den Road Liquor Store
6 Operating Supplies Prairie View Liquor Store
6 Operating Supplies Arts Center
5 Operating Supplies Concessions
5 Special Event Fees Senior Center Programs
5 Operating Supplies Arts Center
5 Software Maintenance IT Operating
4 Other Contracted Services Snow & Ice Control
3 Operating Supplies Skating Rinks/Warming Houses
2 TIF Payment Concessions
2 Merchandise for Resale Concessions
-2 TIF Payment Concessions
-3 Capital Under $25,000 Fitness Classes
-8 Office Supplies Police Sworn
-20 Office Supplies Police Sworn
-50 Dues & Subscriptions Police Sworn
-75 Tuition Reimbursement/School Police Sworn
-79 Machinery & Equipment Water Treatment
-97 Dues & Subscriptions Economic Development
-97 Dues & Subscriptions Housing and Community Service
-97 Dues & Subscriptions Assessing
Amount Account Description Business Unit-97 Dues & Subscriptions Planning
-97 Dues & Subscriptions Finance
-97 Dues & Subscriptions City Council
-98 Dues & Subscriptions Community Development Admin.
-100 Training Supplies Fitness Center
-119 Other Contracted Services Communications
-125 Conference/Training Engineering
-137 Other Revenue General Fund
-175 Dues & Subscriptions Organizational Services
-200 Dues & Subscriptions Economic Development
-299 Software Maintenance IT Operating
-371 Travel Expense Human Resources
-395 Dues & Subscriptions Community Development Admin.
-675 Conference/Training Police Sworn
-695 Conference/Training Communications
-695 Tuition Reimbursement/School Police Sworn
-695 Tuition Reimbursement/School Police Sworn
-4,033 Other Revenue General Fund
64,472 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DATE:
January 7, 2020
DEPARTMENT/DIVISION: City Manager
ITEM DESCRIPTION: Resolution of Support for SouthWest Transit Funding
ITEM NO.: XI.A.
Requested Action Move to: Adopt the Resolution of Support for SouthWest Transit Funding Synopsis SouthWest Transit is asking all member cities to adopt a resolution supporting Met Council funding for their operations.
SouthWest Transit Executive Director Len Simich will be at the meeting to present and discuss
the resolution. Background
The resolution asks Eden Prairie to support:
• Reinstatement or replacement of the funding lost when the Metropolitan Council made the decision not to provide any of the General Fund it receives for transit to the suburban systems.
• Provide an equitable distribution of the RAMVST funding (the additional 14.5% of
MVST funding provided to the Metropolitan Council for all regional transit operations in 2008). • Provide funding to meet their vehicle and facility expansion needs. • Provide funding to incorporate regional technologies.
• Provide an exemption from the regional fare policies as it relates to local and micro
transit service and special events. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- RESOLUTION OF SUPPORT FOR SOUTHWEST TRANSIT WHEREAS, a Replacement Transit Service Program was established by the Minnesota
Legislature in 1984 to continue Metropolitan Transit Service Program under Minnesota Statutes Section 473.388; and WHEREAS, the Cities of Eden Prairie, Chanhassen, and Chaska, all being municipal corporations organized under the laws of the State of Minnesota, pursuant to authority conferred
upon the parties by Minnesota Statutes Sections 471.59, 473.384, 473.388, and related statutes; and WHEREAS, the Cities of Eden Prairie, Chanhassen, and Chaska, entered into a Joint Powers
Agreement, to provide Replacement Transit Services dated July 21, 1986, which has since been
restated in 1994, 1996, 2005, 2012, and in 2016; and WHEREAS, through this Joint Powers Agreement, the agency “SouthWest Transit” was formed; and
WHEREAS, the Metropolitan Council was charged to provide financial assistance under Minnesota Section 473.388 which up until 2002 meant 90 percent of the tax revenues which would accrue to the Council from the tax it levied under Section 473.446 in applicant City; and
WHEREAS, in 2002 funding for transit shifted from property taxes collected for transit
operations within the metro area transit taxing district to the Motor Vehicle Sales Tax (MVST) account where 21.5% of the MVST collected went towards metro area transit; and WHEREAS, of the MVST funding allocated for metro area transit, Metro Transit and the Metropolitan Council’s Transit Operations received 82.85 percent of the funding and the
suburban transit providers received 17.15 percent of the funding; and WHEREAS, in 2008 the MVST funding allocation for metro area transit increased from 21.5 percent of the statewide MVST collection to 36 percent; and WHEREAS, the Legislature did not mandate a formula for the distribution of the increased MVST funding for regional transit; and WHEREAS, on the average Metro Transit/Metropolitan Council has retained over 96% of the additional MVST funding leaving 4% for the other suburban providers including SouthWest
Transit; and
WHEREAS, SouthWest Transit was provided over $500,000 in transit assistance from the State
General Fund through the Metropolitan Council for the 2018-2019 biennium; and
WHEREAS, beginning with the 2020-2022 biennium, the Metropolitan Council eliminated any share of the State General Fund provided for transit to suburban transit providers; and
WHEREAS, SouthWest Transit, along with the other suburban transit providers, all have capital
needs related to expanding and maintaining its facilities, and for bringing in regional technologies it has not received funding for; and WHEREAS, the Council has not included any capital requests for any of the suburban transit
providers in its 2020 Legislative Bonding Request; and
WHEREAS, SouthWest Transit is limited by the Metropolitan Council’s fare policy to charge fares that would keep local and special event services cost-effective; and
WHEREAS, SouthWest Transit continues to bring a cost-effective, innovative, and
entrepreneurial approach to transit to some of the fastest growing areas in the State; and WHEREAS, through its approach, SouthWest Transit has had tremendous ridership growth, continues to have on-time performance and customer satisfaction ranking above 99% annually,
and has brought innovations such as transit oriented development; coach vehicles; Wi-Fi, real
time mobile apps, and micro-transit to the metropolitan region. NOW THEREFORE, BE IT RESOLVED, the City of Eden Prairie supports SouthWest Transit efforts to:
• Reinstatement or replacement of the funding lost when the Metropolitan Council made the decision not to provide any of the General Fund it receives for transit to the suburban systems. This loss amounts to over $500,000 to SouthWest Transit and over $1 million
to MVTA.
• Provide an equitable distribution of the RAMVST funding (the additional 14.5% of MVST funding provided to the Metropolitan Council for all regional transit operations in
2008). Currently 96.4% of RAMVST funding goes to Metro Transit and the
Metropolitan Council, and the suburban providers receive 3.6%. (Note the initial MVST spilt derived when transit came off the property tax in 2002 had a split of 82.85% to Metro Transit/Metropolitan Council, and 17.15% to the suburban providers.)
• Provide funding to meet our vehicle and facility expansion needs, as well as to keep our facilities maintained and in a “state of good repair”.
• Provide funding to incorporate regional technologies we have been denied that include
OMG Routers; Ubisense Transponders; Cubic Go-To Validators; Dead Reckoning Capabilities; MTrac; Fareboxes; and Ticket Vending Machines.
• Provide an exemption from the regional fare policies as it relates to local and micro
transit service and special events. ADOPTED by the Eden Prairie City Council this 7th day of January 2020.
_________________________ Ronald A. Case, Mayor
ATTEST: _____________________________ Kathleen Porta, City Clerk
Requested Action Move to: Adopt Resolution designating _________________ as the official City newspaper for the year 2020.
Synopsis
This designation is required on an annual basis. The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003.
The Sun-Current was the official newspaper from 2003 through 2007.
Attachments Resolution
Eden Prairie News Bid
Sun Current Bid
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT / DIVISION:
Office of City Manager
Administration
ITEM DESCRIPTION:
Designate Official City Newspaper
ITEM NO.:
XIII.A.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-__
A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER
BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota that the
Eden Prairie ________________ be designated as the official City newspaper for the year 2020.
ADOPTED by the City Council of the City of Eden Prairie, on this 7th day of January 2020.
______________________________
Ronald A. Case, Mayor
ATTEST:
______________________________
Kathleen Porta, City Clerk
December 20, 2019
Ms. Kathleen Porta, City Clerk
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Dear Ms. Porta,
NEWS
The Eden Prairie News would welcome the opportunity to serve as the city's legal newspaper in 2020.
The per-column inch bid rate submitted by the Eden Prairie News is $2.57.
Newspapers can be published with different page sizes and column widths, which may not allow for
an exact comparison in bids submitted by various entities. Column width is 1.645 inches. The typeface
used in the Eden Prairie News is 7.5 Nimrod, and an estimated 9 lines of type will be printed in every
inch published. Please contact us if the city would like assistance in completing cost comparisons with
other papers that have submitted bids for the legal newspaper appointment.
If appointed the city's legal newspaper, notices submitted by the City of Eden Prairie will be posted on
our website, www.edenprairienews.com, free of charge.
Should the Eden Prairie News be appointed the city's legal newspaper, e-mailed legals should be sent
to: legal@swpub.com. Our deadline is noon Thursday, preceding the next publication date; deadlines
usually change during holiday weeks to accommodate press schedules.
Thank you for the opportunity to be of service to you in the past. We hope that relationship can be
continued in the coming year.
Respectfully,
AAAAAJ.~~ ~~:; ~~~mann
Publisher
1001 Twelve Oaks Center Dr., Wayzata, Minnesota 55391 • (952) 445-3333
December 27, 2019
City of Eden Prairie
Ms. Kathleen Porta
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Ms. Porta:
Please accept the following bid from the Eden Prairie Sun-Current for legal newspaper designation
for the City of Eden Prairie. This newspaper is qualified by the State of Minnesota as a legal
newspaper under Minnesota Statutes Section 331A.02, Subd. 1.
The following rate structure for legals is effective January 1, 2020:
First insertion: $8.00 per column inch
Subsequent insertions: $5.00 per column inch
Characters per inch: 320
Lines per inch: 9
A notarized affidavit will be provided for each notice published. Additional affidavits are $2.50 each. A
$20.00 charge will be assessed on legal notices that require typing. All published legal notices are
posted on the Sun-Current website at no additional charge.
The Sun-Current is published weekly on Thursdays. The deadline is 2:00 p.m. on Thursday for
publication the following Thursday. Please email legal notices to publicnotice@ecm-inc.com.
Thank you for considering the Sun-Current as the official newspaper for the City of Eden Prairie for the upcoming year. We appreciate the opportunity to serve the needs of your community.
Sincerely,
Steve Gall
Advertising Director
10917 VALLEY VIEW ROAD, EDEN PRAIRIE, MN 55344 • 952-846-2019 • CURRENT.MNSUN.COM
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Designate Official Meeting Dates, Time and Place for the City of Eden Prairie Council in 2020 and Appointing Acting Mayor
ITEM NO.:
XIII.B.
Requested Action Move to: Adopt Resolution designating the official meeting dates, time and place for the City
of Eden Prairie Council in 2020 and appointing Council Member ______ as Acting Mayor. Synopsis
This resolution requires approval on an annual basis. Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-__ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2020 AND APPOINTING ACTING MAYOR
BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops
will be held at 5:00 P.M. and Open Podiums will be held at 6:30 p.m. prior to regularly
scheduled Council meetings. Robert’s Rules of Order will prevail; and
BE IT RESOLVED, that the first meeting of 2020 will be held on January 7 and the
second meeting in January will be held on the third Tuesday of the month; and
BE IT RESOLVED, that the only Council meeting in March and June will be held on the third Tuesday of the month; and
BE IT RESOLVED, that the only Council meeting in July will be held on the second
Tuesday of the month; and
BE IT RESOLVED, that the only Council meeting in August and November will be
held on the third Tuesday of the month; and
BE IT RESOLVED, that the only Council meeting in December will be held on the first Tuesday of the month; and
BE IT RESOLVED, that the first meeting of 2021 will be held on January 5; and
BE IT FURTHER RESOLVED, that Council Member Aho is hereby appointed to be
the Acting Mayor in the absence of the Mayor.
ADOPTED by the City Council of the City of Eden Prairie, on this 7th day of January 2020.
________________________
Ronald A. Case, Mayor
ATTEST:
_________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Office of City Manager
ITEM DESCRIPTION:
Appoint Commissioners to the Eden Prairie Housing and Redevelopment Authority
ITEM NO.:
XIII.C.
Requested Action Move to: Adopt the resolution appointing City Council Members to serve as
Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary for calendar year 2020. Synopsis This appointment requires approval on an annual basis. Attachment Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-
A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie
Housing and Redevelopment Authority (HRA); and
WHEREAS, the Mayor has appointed the members of the Eden Prairie City Council, to-wit:
Brad Aho, Kathy Nelson, Mark Freiberg, PG Narayanan and Ron Case, to serve as the
commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and
WHEREAS, the Commissioners of the Housing and Redevelopment Authority in and for
the City of Eden Prairie (HRA) have authority to make appointments.
NOW THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments
made for the terms set forth above and hereby appoints Ron Case as Chair; Rick Getschow as
Executive Director and Council Member Nelson as Secretary of calendar year 2020.
ADOPTED, by the City Council of the City of Eden Prairie, on this 7th day of January 2020.
______________________________
Ronald A. Case, Mayor
ATTEST:
______________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Designate Director and Alternate Director to
the Suburban Rate Authority
ITEM NO.:
XIII.D.
Requested Action Move to: Adopt Resolution designating ______________________ as the Director and _______________________ as the Alternate Director to the Suburban Rate Authority.
Synopsis
This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Mark Freiberg
served as the alternate to the Suburban Rate Authority in 2019.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-
A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR
TO THE SUBURBAN RATE AUTHORITY
BE IT RESOLVED, that the City Council of the City of Eden Prairie hereby designates
_________________________ as the Director and _________________________ as the Alternate
Director of the Suburban Rate Authority for 2020.
ADOPTED, by the City Council of the City of Eden Prairie, on this 7th day of January 2020.
____________________________ Ronald A. Case, Mayor
ATTEST:
__________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Appointment to the National League of Cities
ITEM NO.:
XIII.E.
Requested Action
Move to: Approve appointment of Mayor Ron Case as Delegate and Council Members as
Alternates to the National League of Cities.
Synopsis
This appointment is approved on an annual basis.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Appointment to the Municipal Legislative
Commission
ITEM NO.:
XIII.F.
Requested Action
Move to: Approve appointment of Mayor Case to the Municipal Legislative Commission.
Synopsis
This appointment is approved on an annual basis.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Appointment to the Southwest Cable
Commission
ITEM NO.:
XIII.G.
Requested Action
Move to: Approve appointment of _________________________ to the Southwest Cable
Commission.
Synopsis
This appointment is approved on an annual basis.
Council Member Freiberg served on the Southwest Cable Commission in 2019. Council Member
Nelson served on the Southwest Cable Commission from 2015-2018.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Appointment to the I-494 Corridor Commission
ITEM NO.:
XIII.H.
Requested Action
Move to: Approve appointment of ___________________ to the I-494 Corridor Commission.
Synopsis
This appointment is approved on an annual basis.
Council Member Aho has served on the I-494 Corridor Commission since 2005.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT / DIVISION:
Jay Lotthammer
Parks and Recreation Director
ITEM DESCRIPTION:
Appointment of Assistant Weed Inspector
ITEM NO.:
XIII.I.
Requested Action
Move to: Appoint Lauren Stufft as Assistant Weed Inspector for the City of Eden Prairie.
Synopsis
Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City
under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the
Assistant Weed Inspector is to enforce the local and state weed ordinances
Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed
Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State
Statute. Lauren Stufft is the City’s current Forestry Technician in the Parks and Recreation
Department.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Appointments to the Fire Relief Association
ITEM NO.:
XIII.J.
Requested Action Move to: Adopt the resolution appointing ______________ and ________________
to the Eden Prairie Fire Relief Association.
Synopsis Minnesota Statute states that three municipal trustees are to be appointed to the fire relief
association. They must be:
• One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually
• The chief of the municipal fire department Council Member Kathy Nelson and Finance Manager Sue Kotchevar served on the Fire Relief Association in 2019.
The appointment of the Fire Chief is automatic according to statute. Attachment Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- A RESOLUTION APPOINTING MEMBERS TO THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD
WHEREAS, MN Statutes 424A. 04 provides for three municipal representatives on the
Fire Relief Association Board of Trustees; and WHEREAS, the three municipal trustees must be one elected municipal official and one
elected or appointed municipal official who are designated as municipal representatives by the
municipal governing board annually and the chief of the municipal fire department.
NOW THEREFORE, BE IT RESOLVED, that the City Council appoints __________
and _______________ to serve on the Eden Prairie Fire Relief Association Board of Trustees for
2020.
ADOPTED, by the City Council of the City of Eden Prairie, on the 7th day of January 2020.
______________________________
Ronald A. Case, Mayor
ATTEST:
______________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 7, 2020
DEPARTMENT/DIVISION:
Administration
ITEM DESCRIPTION:
Appointment to the Southwest Transit
Commission
ITEM NO.:
XIII.K.
Requested Action
Move to: Appoint ________________________ to the Southwest Transit Board as the Eden
Prairie Appointed Representative for a two-year term to end December 31, 2021.
Synopsis
It is necessary for the City Council to appoint an Appointed Representative for a two-year term
to end on December 31, 2021. Council Member Aho held this position through 2019.
Council Member Narayanan is also serving as the Eden Prairie Representative until December
31, 2020.