HomeMy WebLinkAboutCity Council - 04/21/2020AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, APRIL 21, 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. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
PROCLAMATION
B. ARBOR DAY PROCLAMATION
C. ACCEPT DONATION OF $5,000 FROM ELAINE SAMPSON FOR
PURCHASE OF ART CENTER EQUIPMENT (Resolution)
D. ACCEPT DONATION OF $1,100 FROM DR. AHMAD ORANDI FOR
PURCHASE OF OUTDOOR CENTER EQUIPMENT (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 17, 2020
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 17, 2020
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
CITY COUNCIL AGENDA
April 21, 2020
Page 2
B. EDEN RIDGE, LLC by Eden Ridge, LLC. Second Reading of an Ordinance for
PUD District Review with waivers and Zoning District Change from Rural to R1-
9.5 on 4.3 acres; Development Agreement (Ordinance for PUD district
amendment and zoning change)
C. GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT by Opus
Development Company LLC. Second Reading of an Ordinance for PUD District
Review with waivers and Zoning District Change from Rural to I-2 and Parks and
Open Space on 10.258 acres; Development Agreement (Ordinance for PUD
district review and zoning change; Resolution for Site Plan Review)
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF GOLDEN
TRIANGLE INDUSTRIAL
E. ADOPT RESOLUTION APPROVING FINAL PLAT OF ISD 272 CMS
ADDITION
F. APPROVE 2019 UNBUDGETED FUND TRANSFERS
G. DECLARE SURPLUS PROPERTY
H. ADOPT RESOLUTION AUTHORIZING APPLICATION FOR GRANT
FUNDS TOWARDS PLAY STRUCTURES THROUGH THE HENNEPIN
COUNTY YOUTH SPORTS GRANT PROGRAM
I. ADOPT RESOLUTION RATIFYING AGREEMENT FOR CITY USE OF
CAMP EDEN WOOD
J. APPROVE CHANGE ORDERS 3, 4 AND 5 FOR PRESERVE BOULEVARD
RECONSTRUCTION PROJECT
K. AWARD CONTRACT TO ALLIED BLACKTOP COMPANY FOR 2020
SEALCOAT
L. AWARD CONTRACT TO CEMSTONE PRODUCTS COMPANY FOR 2020
CONCRETE SUPPLY
M. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR 2020
PAVEMENT MANAGEMENT PROJECT
N. APPROVE AGREEMENT WITH SRF FOR TC&W ROADWAY SAFETY
IMPROVEMENTS IN-CONSTRUCTION SERVICES
O. ADOPT RESOLUTION APPROVING LOCAL ROAD IMPROVEMENT
GRANT AGREEMENT WITH MNDOT FOR TC&W ROADWAY SAFETY
IMPROVEMENTS
CITY COUNCIL AGENDA
April 21, 2020
Page 3
P. AUTHORIZE PURCHASE OF LENCO BEARCAT ARMORED VEHICLE
Q. AWARD CONTRACT TO NORTHSTAR MUDJACKING AND MORE FOR
2020 MUDJACKING
R. APPROVE AGREEMENT WITH HTPO FOR DEERFIELD TRAIL
IMPROVEMENTS AND CURB AND GUTTER REPLACEMENT PROJECT
S. AWARD CONTRACT TO BKJ EXCAVATING FOR 2020 DEERFIELD
TRAIL IMPROVEMENTS PROJECT
T. APPROVE PURCHASE OF STREETLIGHTS FOR EDEN ROAD & TOWN
CENTER PLACE
U. ADOPT RESOLUTION RATIFYING FIRST AMENDMENT TO LEASE
AGREEMENT WITH NGUYEN FAMILY INC. DBA LOTUS NAILS SPA
AND THIRD AMENDMENT TO LEASE AGREEMENT WITH
PUREGRACE, LLC DBA SMITH COFFEE
IX. PUBLIC HEARINGS / MEETINGS
A. VACATION OF CMS RIGHT-OF-WAY AND EASEMENTS (Resolution)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
CITY COUNCIL AGENDA
April 21, 2020
Page 4
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: April 17, 2020
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, April 21, 2020
___________________________________________________________________________________________
TUESDAY, APRIL 21, 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. IV. PROCLAMATIONS / PRESENTATIONS
A. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK PROCLAMATION
Police Chief Weber will provide some background on National Public Safety Telecommunicators week; and
The Mayor will read the proclamation.
B. ARBOR DAY PROCLAMATION The Mayor will read the proclamation.
C. ACCEPT DONATION OF $5,000 FROM ELAINE SAMPSON FOR PURCHASE OF ART CENTER EQUIPMENT (Resolution) Synopsis: This donation from Elaine Sampson will go to the Art Center.
MOTION: Move to adopt the Resolution accepting the donation in the
ANNOTATED AGENDA April 21, 2020
Page 2 amount of $5,000 from Elaine Sampson to go toward Art Center
equipment.
D. ACCEPT DONATION OF $1,100 FROM DR. AHMAD ORANDI FOR PURCHASE OF OUTDOOR CENTER EQUIPMENT (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. MOTION: Move to adopt Resolution accepting the donation of
$1,100 from Dr. Ahmad Orandi to the Staring Lake Outdoor Center.
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, MARCH 17, 2020
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 17, 2020
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-U on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. EDEN RIDGE, LLC by Eden Ridge, LLC. Second Reading of an Ordinance for
PUD District Review with waivers and Zoning District Change from Rural to R1-9.5 on 4.3 acres; Development Agreement (Ordinance for PUD district amendment and zoning change)
C. GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT by Opus Development Company LLC. Second Reading of an Ordinance for PUD District Review with waivers and Zoning District Change from Rural to I-2 and Parks and
Open Space on 10.258 acres; Development Agreement (Ordinance for PUD district review and zoning change; Resolution for Site Plan Review) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF GOLDEN TRIANGLE INDUSTRIAL
ANNOTATED AGENDA April 21, 2020
Page 3 E. ADOPT RESOLUTION APPROVING FINAL PLAT OF ISD 272 CMS ADDITION
F. APPROVE 2019 UNBUDGETED FUND TRANSFERS
G. DECLARE SURPLUS PROPERTY
H. ADOPT RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDS TOWARDS PLAY STRUCTURES THROUGH THE HENNEPIN COUNTY YOUTH SPORTS GRANT PROGRAM I. ADOPT RESOLUTION RATIFYING AGREEMENT FOR CITY USE OF
CAMP EDEN WOOD
J. APPROVE CHANGE ORDERS 3, 4 AND 5 FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT
K. AWARD CONTRACT TO ALLIED BLACKTOP COMPANY FOR 2020 SEALCOAT L. AWARD CONTRACT TO CEMSTONE PRODUCTS COMPANY FOR 2020 CONCRETE SUPPLY
M. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR 2020 PAVEMENT MANAGEMENT PROJECT
N. APPROVE AGREEMENT WITH SRF FOR TC&W ROADWAY SAFETY IMPROVEMENTS IN-CONSTRUCTION SERVICES
O. ADOPT RESOLUTION APPROVING LOCAL ROAD IMPROVEMENT GRANT AGREEMENT WITH MNDOT FOR TC&W ROADWAY SAFETY IMPROVEMENTS
P. AUTHORIZE PURCHASE OF LENCO BEARCAT ARMORED VEHICLE
Q. AWARD CONTRACT TO NORTHSTAR MUDJACKING AND MORE FOR 2020 MUDJACKING
R. APPROVE AGREEMENT WITH HTPO FOR DEERFIELD TRAIL IMPROVEMENTS AND CURB AND GUTTER REPLACEMENT PROJECT S. AWARD CONTRACT TO BKJ EXCAVATING FOR 2020 DEERFIELD TRAIL IMPROVEMENTS PROJECT
T. APPROVE PURCHASE OF STREETLIGHTS FOR EDEN ROAD & TOWN
CENTER PLACE
ANNOTATED AGENDA April 21, 2020
Page 4 U. ADOPT RESOLUTION RATIFYING FIRST AMENDMENT TO LEASE AGREEMENT WITH NGUYEN FAMILY INC. DBA LOTUS NAILS SPA AND THIRD AMENDMENT TO LEASE AGREEMENT WITH PUREGRACE, LLC DBA SMITH COFFEE IX. PUBLIC HEARINGS / MEETINGS
A. VACATION OF CMS RIGHT-OF-WAY AND EASEMENTS (Resolution)
Synopsis: The Eden Prairie Independent School District No. 272 has requested the vacation of the remaining right-of-way of Eden Court and School Road (Town Road) as well as the remaining drainage and utility easements dedicated with the
plat of Eden School Addition. The School District is preparing for upgrades and
expansion to the Central Middle School. The school district owns a number of parcels on their campus and is platting the properties into one large lot that combines these multiple parcels. In addition, there is underlying right-of-way and drainage and utility easements that are included on the property. The school
district was granted rights to use the right-of-way but a formal process to vacate
the right-of-way has never occurred. MOTION: Move to:
Close the public hearing; and
Adopt the Resolution vacating Right-of-Way and Drainage and Utility Easements.
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
ANNOTATED AGENDA April 21, 2020
Page 5 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.
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, emergencies can occur at times that require police, fire, or emergency
medical services; and
WHEREAS, when an emergency occurs, the prompt response of police officers,
firefighters, and paramedics is critical to the protection of life and preservation of
property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the
quality and accuracy of information obtained from citizens who telephone the City of
Eden Prairie emergency communications center; and
WHEREAS, Public Safety Telecommunicators are the first and most critical contact our
citizens have with emergency services; and
WHEREAS, Public Safety Telecommunicators are the single vital link for our police
officers and firefighters by monitoring their activities by radio, providing them
information and ensuring their safety; and
WHEREAS, Public Safety Telecommunicators of the City of Eden Prairie have
contributed substantially to the apprehension of criminals, suppression of fires and
treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding and
professionalism during the performance of their job in the past year; and
NOW, THEREFORE, BE IT RESOLVED, the Eden Prairie City Council does hereby
declare the week of April 12-18, 2020 as National Public Safety Telecommunicators Week
in the City of Eden Prairie in honor of the men and women whose diligence and
professionalism keep our City and citizens safe.
ADOPTED by the Eden Prairie City Council on April 21, 2020.
Ronald A. Case, Mayor
City of Eden Prairie
ITEM NO.: IV.A.
PROCLAMATION
ARBOR DAY – April 24, 2020
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a
million trees; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat
for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie first celebrated Arbor Day in 1982; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day
Foundation and desires to continue its tree stewardship and tree planting ways. NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim April 24th, 2020, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our City’s urban forestry
program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. ADOPTED by the Eden Prairie City Council on April 21, 2020.
Ronald A. Case, Mayor
ITEM NO.: IV.B.
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Elaine Sampson to Art Center
ITEM NO.:
IV.C.
Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $5,000 from Elaine Sampson to go toward Art Center equipment. Synopsis This donation from Elaine Sampson will go to the Art Center. Background In April of 2008, the City of Eden Prairie accepted the donation of a 5,400 square foot building to be used as an art center. With the City Council approval, it has become the largest single gift ever offered to the City of Eden Prairie. In May of 2009, the Art Center opened its doors to the public and has become a much needed and appreciated creative institution for the residence of
Eden Prairie.
Since 2009 the Art Center programs have grown every year. Beyond classes and summer camps, private lessons, open studio time, birthday parties, group outings, events and display artwork of local artists are offered.
The mission of the Eden Prairie Art Center is to enhance the quality of life and foster creativity in our community by providing access to the arts for people of all ages and abilities. Staff work to achieve this mission by offering exceptional programing and studio space in mediums ranging from painting, drawing, ceramics, fused glass, jewelry and more. There are classes for all ages,
toddler to senior.
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 of $5,000 from Elaine Sampson to be used for the Art Center is hereby
recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of April 2020.
___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
April 21, 2020
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Dr. Ahmad Orandi to Staring Lake Outdoor Center
ITEM NO.:
IV.D.
Requested Action Move to: Adopt Resolution accepting the donation of $1,100 from Dr. Ahmad Orandi to the Staring Lake Outdoor Center. 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. 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 $1,100 to be used at the Staring Lake Outdoor Center from
Dr. Ahmad Orandi hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of April, 2020.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Kathleen Porta, City Clerk
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 17, 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. CORONAVIRUS
Mayor Case stated the topic changed for the evening. The SouthWest Transit discussion will
be rescheduled. Council will vote on an extension to the declaration of the state of emergency
at the regular Council meeting. Case discussed meeting logistics and stated an announcement
will be made noting the City is abiding by social distancing and restricting large meetings.
Gerber provided a brief overview of emergency management. It includes mitigation,
preparedness, response, and recovery. The important aspects of emergency management are
the people, systems, process, and relationships. Many staff have had opportunities to learn
hands on experience from other emergency management scenarios throughout the country.
Many lessons can be applied to the City’s emergency management practices.
Gerber provided a COVID-19 update noting there have been 2,336 tests and 60 positive
cases. The Governor declared three separate executive orders: a peacetime emergency,
closing of schools, and closing of bars, restaurants, and gathering spaces. The City is utilizing
the emergency operations center (EOC) daily to meet and discuss current actions to be taken.
The setup is conducive to social distancing. Briefings include the current topic, other
important situational awareness, and internal and external communications. The formal
Emergency Operations Plan covers all different type of hazards. Additionally, a draft of the
Continuity of Operations Plan (COOP) was created in 2009, and it is being updated with
more current plans dealing with a pandemic.
Gerber stated there have been discussions about internal operations from the perspective of
each department and human resources. Police updates have included a decrease in calls in
comparison to this season from previous years. Case inquired what contributes to a decrease
City Council Workshop Minutes March 17, 2020
Page 2 in calls. Weber stated less theft and crimes in the City. Over time with people staying home,
there may be an increase in domestic calls.
Aho inquired how they handle COVID-19 medical calls. Weber stated they are working
closely with fire and Hennepin County emergency medical services (EMS). Case inquired if
dispatchers have been fielding that information. Weber replied dispatch began asking specific
questions to identify cases with potential risk of exposure. Gerber added staff has personal
protective equipment (PPE), and the protocol has been changed to only send one firefighter
into a home versus three.
Weber stated in recent years the department has made a significant investment in providing
officers Crisis Intervention Techniques (CIT) training. Officers have been trained to
deescalate a situation rather than using force. Those skills are transferable to different crisis
situations. In addition, there is high-visibility of officers at grocery and liquor stores. Many
conferences and trainings have been cancelled, creating more staffing flexibility. Fingerprint
services and car seat inspections have been temporarily suspended, and they are encouraging
residents to file police reports over the phone rather than in person.
Gerber stated hand sanitizing stations have been added in the City Center. Case noted the
City Center will be closing to the public starting tomorrow morning. Getschow added many
other neighboring cities have also closed their facilities. Cased noted there will be signs at the
front door directing residents for customer service inquiries.
Freiberg stated there needs to be consideration for closing or limiting hours of the liquor
stores. The number of people could be limited in the store. Getschow replied staff have been
asked to wear gloves. Similar to Target and Total Wine, liquor stores remain open. There
have been considerations for closing one store and adjusting operating hours. Narayanan
added it would be good to keep them open but to consider hours for high risk customers and
signage. Case stated he agrees measures should be in place to protect employees while
working. Aho added considering less front facing tasks for higher risk employees.
Gerber stated the supply chain is disrupted for cleaning supplies and personal protective
equipment (PPE). City and Hennepin County staff continue to look for supplies as it is likely
resources will deplete quickly. Narayanan inquired if the City Center is stocked with toilet
paper. Rose replied toilet paper supply is not an issue at City facilities.
Gerber stated communication has gone out to apartment complexes, senior living, schools,
and businesses to maintain community connectedness. Senior living facilities have discussed
care on site and meeting emergency responders at the door. Case noted he would like to
know more about the communications with the school district. There have been some
frustrations from residents around school communication and logistics of school lunches.
Gerber replied earlier this year he connected with school district staff and established
City Council Workshop Minutes March 17, 2020
Page 3 emergency management procedures. He does not have all the details on school lunches and
delivery. Aho added he has similar questions and would like to provide accurate details to
residents. Gerber stated the school notified parents of childcare options for first responders
and healthcare workers. Workers have been showing their badge as proof. Narayanan added
the school discussed the option of using school bus drivers to deliver meals to bus stops.
Gerber stated staff connected with SouthWest Transit about needs they may have. Aho
stating the most populated pick up this morning was 10 riders. There have been discussions
on whether to continue, decrease, or suspend services. Some workers depend on transit to get
to their job. Consolidated services may not allow for social distancing. SouthWest Transit
will work with the union to determine staffing issues, paid leave, and personal time off.
Gerber stated the Emergency Declaration will need to be extended by the Council. Neuville
stated State Statute provides flexibility to enter into contracts and agreements related to
response and approve at a later date. There are not many examples to follow on these
guidelines. Freiberg inquired about a scenario where there is disagreement between the
Mayor and City Manager. Getschow noted the City Manager is not a voting member of
Council and could not proceed without the agreement of the Mayor. Neuville noted an
emergency City Council meeting via phone could also be scheduled with as much notice as
practical. Aho added it would be helpful to inform the Council before communication goes
out from the City. He inquired if the emergency declaration helps to receive aid. Gerber
responded yes, it is an important reason. With proper documentation there could be
reimbursements for extra cost associated to the emergency.
Narayanan inquired about restaurants not closing. Neuville stated the City could enforce
what has been declared by the state, and they could charge with a misdemeanor.
Case asked about logistics of future Council meetings, specifically receiving public input via
email. Neuville stated statute is not clear on guidelines for public input, but the City is
obligated to provide as much notice and opportunity as possible to the public.
Gerber noted a project code has already been established for emergency related expenses.
Costs above and beyond and overtime are more likely to be reimbursed.
Aho inquired about ability for staff to work from home. Getschow stated many staff are
working from home, and the City has the capacity for all of the City services to be delivered.
Open Podium - Council Chamber (6:30) II. OPEN PODIUM
III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 17, 2020 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 Maggie Neuville, and
Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Nelson was absent.
II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Mayor Case issued the following statement:
The meeting tonight is being conducted under unprecedented circumstances within a state of national emergency. This will be the last Council meeting this month and, quite likely, through the end of April, but we have not made that
call yet. We have taken nationally recommended precautions for the meeting
this evening to ensure social distancing and a minimal number of people in the Council Chamber at any one time. Although there are very few people in the audience this evening, we are asking that you leave the meeting as soon as the issue for which you are here has been cleared. If you wish to stay longer, please
go out to the lobby area. For all of our residents, please know that our City staff
will continue to work throughout the next several weeks, taking all necessary precautions to limit the spread of the virus. Our public safety will stay in full force. All of our permitting and planning, required inspections and essential services will continue on a virtual and remote process where at all possible.
There will be more about our declaration of an emergency later in the meeting,
but I wanted to offer an explanation for any differences you may notice during this meeting. IV. PROCLAMATIONS / PRESENTATIONS
CITY COUNCIL MINUTES March 17, 2020
Page 2 A. PROP FOOD SHELF COLLECTION ON BEHALF OF EDEN PRAIRIE LIQUOR Getschow reported during the month of November the Eden Prairie liquor stores partnered with People Reaching Out to People (PROP) to invite customers to bring
donations to the liquor stores. In addition, the liquor operations hosted a “Happy Hour for Hunger” event. He was proud that the efforts raised $4,669.80 and 282 pounds of food for the PROP food shelves. B. ACCEPT DONATION OF $500 FROM SOUTHWEST TRANSIT FOR SENIOR CENTER PROGRAMS (Resolution No. 2020-33) Lotthammer reported Southwest Transit has donated $500 for Senior Center programs. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2020-33 accepting the donation of $500 from SouthWest Transit towards the Senior Center programs. Motion carried 4-0.
C. ACCEPT DONATION OF $150 FROM OASIS SENIOR ADVISORS FOR SENIOR CENTER SUMMER BBQ AND THE HOUSING TOUR (Resolution No.
2020-34) Lotthammer announced Oasis Senior Advisors have donated $150 for programs at the Senior Center.
MOTION: Aho moved, seconded by Narayanan, to adopt Resolution No.2020-34 accepting the donation of $150 from Oasis Senior Advisors towards the Senior Center Summer BBQ ($100) and the Housing Tour ($50). Motion carried 4-0. D. ACCEPT DONATION OF $8,500 FROM EDEN PRAIRIE LIONS CLUB FOR FIRE DEPARTMENT EQUIPMENT (Resolution No. 2020-35)
Fire Chief Gerber reported Gary Watkins, President of the Eden Prairie Lions Club, is here tonight with a check for $8,500 to purchase emergency services equipment for the Eden Prairie Fire Department.
MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2020-35
accepting the donation of $8,500 from the Eden Prairie Lions Club towards the purchase of emergency services equipment including airway management mannequins for the Fire Department. Motion carried 4-0.
E. EDEN PRAIRIE COMMUNITY FOUNDATION FUND FOR NON-PROFITS
Case reported we are fortunate to have so many non-profits here in Eden Prairie. The Eden Prairie Community Foundation is an umbrella non-profit organization that brings together residents who wish to help the community. The foundation has been asked to
CITY COUNCIL MINUTES March 17, 2020
Page 3 set up a fund to accept contributions to go to other non-profits who serve on the front lines for supplementing food, housing and transportation assistance in the City.
Mark Weber, Executive Director of the Eden Prairie Community Foundation, noted we were concerned about the non-profits serving the homeless and others before the corona virus hit and now the need is even more critical. He asked individuals, families and companies in the community to contribute to the fund so there can be a quick response
to the crisis over the next few weeks. Further information is available on the
Foundation’s website, www.epcommunityfoundation.org. Case thanked Mr. Weber and the Foundation for the rapid response. The need for help has been great, and we anticipate such needs will escalate quickly.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item XIV.A.1. Mayor’s Water Challenge, should be removed from tonight’s agenda and Item XIV.A.1, should be added.
MOTION: Freiberg moved, seconded by Narayanan , to approve the agenda as amended. Motion carried 4-0. VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 18, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 18, 2020 MOTION: Narayanan moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, February 18, 2020, and the City Council meeting held Tuesday, February 18, 2020, as published. Motion carried 4-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. CENTRAL MIDDLE SCHOOL ADDITIONS AND REMODEL 2020 by Eden Prairie Public Schools. Second Reading of Ordinance 5-2020-PUD-2-2020 for PUD District review with waivers and zoning district change from Industrial, Rural, and R1-22 to Public on 57.4 acres; Resolution 2020-36 for Site Plan review on 57.4 acres
(Ordinance No. 5-2020-PUD-2-2020 for PUD District review and Zoning District
change; Resolution No. 2020-36 for Site Plan) C. AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR PARAVEL First Amendment to Development Agreement
CITY COUNCIL MINUTES March 17, 2020
Page 4 D. HEULER PROPERTY DEVELOPMENT AGREEMENT AMENDMENT by Kelli Heuler. First Amendment to Development Agreement E. ADOPT RESOLUTION NO. 2020-37 APPROVING FINAL PLAT OF CASTLE RIDGE 4TH ADDITION F. AWARD CONTRACT FOR COUNCIL CHAMBERS CONTROL ROOM SWITCHER REPLACEMENT TO AVI SYSTEMS, INC. G. APPROVE USE OF $5,000 IN CDBG PROGRAM INCOME FUNDS FOR THE HOMELESS PREVENTION PROGRAM ADMINISTERED BY PROP
H. AWARD CONTRACT FOR 168TH AVENUE SIDEWALK IMRPOVEMENT PROJECT TO BKJ EXCAVATING I. AWARD CONTRACT FOR PURCHASE OF PLAY STRUCTURES AT
FRANLO AND CRESTWOOD PARKS TO MIDWEST PLAYSCAPES J. AWARD CONTRACT FOR ASPHALT PROJECTS AT MILLER, SMETANA AND CARMEL PARKS TO MINNESOTA ROADWAYS K. AWARD CONTRACT FOR ANDERSON LAKES PARKWAYS SIDEWALK IMPROVEMENT PROJECT TO ODESSA II L. APPROVE AGREEMENT FOR 2020 DROP OFF DAY EVENT MATERIAL DISPOSAL WITH REPUBLIC SERVICES M. AWARD CONTRACT FOR ENTRY MONUMENT SIGN AT CSAH 5 AND DELL ROAD TO BLACKSTONE CONTRACTORS N. ADOPT RESOLUTION NO. 2020-38 APPROVING AGREEMENT FOR COST PARTICIPATION IN CONSTRUCTION OF EDEN PRAIRIE TOWN CENTER
STATION WITH HENNEPIN COUNTY O. AMEND SUBRECIPIENT AGREEMENT FOR EDEN PRAIRIE TOWN
CENTER STATION WITH METROPOLITAN COUNCIL P. AWARD CONTRACT FOR 2020 CRACKSEAL PROJECT TO ASTECH CORPORATION Q. AWARD CONTRACT FOR 2020 STREET STRIPING PROJECT TO SIR LINES-A-LOT R. APPROVE AGREEMENT FOR CONDUCTING WATERCRAFT INSPECTIONS WITH WATERFRONT RESTORATION
CITY COUNCIL MINUTES March 17, 2020
Page 5 S. APPROVE AGREEMENT FOR WEED HARVESTING IN MITCHELL AND RED ROCK LAKES WITH J&N WEED HARVESTING T. APPROVE AGREEMENT FOR LOWER RILEY CREEK WATERSHED OUTLET MONITORING WITH WENCK ASSOCIATES U. AWARD CONTRACT FOR QUIET ZONE IMPROVEMENTS TO THOMAS & SONS CONSTRUCTION V. AMEND AGREEMENT FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT WITH SRF
W. AWARD CONTRACT FOR 2020 OVERLAY CURB TO CURB MASTERS Freiberg asked if Item VIII.G will be administered by PROP. Getschow replied PROP will administer the Community Development Block Grant (CDBG) funds. MOTION: Aho moved, seconded by Freiberg, to approve Items A-W on the Consent Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS / MEETINGS A. EDEN RIDGE, LLC by Eden Ridge, LLC. Resolution 2020-39 for PUD Concept Review on 4.3 acres; First Reading of an Ordinance for PUD District Review with waivers and zoning district change from Rural to R1-9.5 on 4.3 acres; Resolution 2020-40 for Preliminary Plat on 4.3 acres (Resolution No. 2020-39 for PUD Concept;
Ordinance for PUD district amendment and zoning change; Resolution No. 2020-
40 for Preliminary Plat) Getschow explained the applicant is requesting approval to develop 15807 and 15817 Valley View Road into 10 single-family lots. The property is located about ¼ mile
east of Eden Prairie Road on the south side of Valley View Road. The property contains two parcels for a total of 4.3 acres. Each parcel currently contains a single-family home that will be razed before construction begins. The property is surrounded by single-family homes.
Ralph Murphy, representing Homestead Partners, gave a PowerPoint presentation about the development. He noted there are two outlots at the entrance to the development which will include stormwater management facilities. All the homes are proposed to be green path certified, energy efficient, and will typically be single family homes. He displayed the site map and elevations of the development. They are
proposing to place one street light at the intersection of Valley View Road. In addition, all homeowners will be required to have solar-switched lighting on the exterior of their homes. Narayanan asked about the maintenance provided by the homeowners’ association.
CITY COUNCIL MINUTES March 17, 2020
Page 6 Mr. Murphy replied the development does not include sidewalks and the homeowners’ association would provide driveway plowing so the homeowners would
not have to shovel sidewalks or driveways. The City would plow the street.
Narayanan asked how close the homes will be to each other. Mr. Murphy said there will be 15 feet between houses. Narayanan then asked if they considered adding charging stations in the garages or at least providing the correct electrical service. Mr. Murphy responded that would be an action for the buyers.
Case asked if Mr. Murphy had any sense of the additional cost to run the power needed for a charging station into the garage because he would like to see them include the additional type of line needed to have a charging station. Mr. Murphy said he hasn’t researched that. Aho explained a 240-volt service would be needed in the
garage to provide the higher amperage required for the charging station.
Case said he would like to see the City Council move forward with a push to make the 240 voltage available for charging stations in every development coming in. Eden Prairie is looking to be completely carbon neutral by 2050. He also believed 240-volt
service would be a good marketing tool for the developer. Mr. Murphy replied they
will pursue that for second reading. Freiberg asked if this is the same way it was presented to the Planning Commission as to price because the prices appear to be higher in the information provided tonight.
Mr. Murphy replied the costs for the lots as well as constructions costs have gone up.
Case noted there have been a lot of water issues on that property, especially in the area to the east. It looked like the development would actually enhance the water situation in that area. Aaron Carroll, representing Homestead Partners, said they
followed the rules of the City and the Watershed District regarding drainage and have
done the best job possible to improve drainage on the property. Case asked if the development will take care of the water on site. Mr. Carroll replied the project has addressed handling all the drainage issues on site.
There were no comments from the audience.
MOTION: Aho moved, seconded by Freiberg, to close the public hearing; to adopt Resolution No. 020-39 for a Planned Unit Development concept review on 4.3 acres; to approve the first reading of the ordinance for a Planned Unit Development District
review with waivers and a Zoning District change from Rural to R1-9.5 on 4.3 acres;
to adopt Resolution No. 2020-40 for a preliminary plat to divide 2 lots into 10 lots on and two outlots on 4.3 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; and to authorize the issuance of an early land alteration permit for Eden Ridge Estates at
the request of the developer subject to the conditions outlined in the permit. Motion
carried 4-0.
CITY COUNCIL MINUTES March 17, 2020
Page 7 B. GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT by Opus Development Company LLC. Resolution 2020-41 for PUD Concept review on 10.258 acres; first reading of an ordinance for PUD District review with waivers and zoning district change from Rural and I-2 and Parks and Open Space on 10.258 acres; Resolution 2020-42 for Preliminary Plat on 10.258 acres (Resolution No. 2020-41 for PUD
Concept; Ordinance for PUD district review and zoning change; Resolution No. 2020-42 for Preliminary Plat) Getschow reported the applicant is requesting to construct an approximately 130,130 square foot, single story industrial building on the southwest corner of Valley View
Road and Golden Triangle Drive. The building is designed to be flexible to accommodate a range of tenant needs. He noted the development is proposing to have one electric vehicle charging station. Kit Bennett, Opus Development Company, gave a PowerPoint presentation reviewing
the development plans. He reviewed the site plan, the building elevations, the updated landscaping plan. He noted they plan to have crosswalks into the rear of the building and additional bike parking on the site.
Narayanan commented this is the first time we have seen a proponent include
charging stations in a development, and it is nice to see that change. He asked how many tenants will be included in the development. Mr. Bennett replied there will be three to five.
There were no comments from the audience.
MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing; to adopt Resolution No. 2020-41 for Planned Unit Development concept review on approximately 10.258 acres; to approve the first reading of the ordinance for Planned
Unit Development District review with waivers and a Zoning District change from
Rural to Industrial I-2 and Parks and Open Space on 10.258 acres; to adopt Resolution No. 2020-42 for a preliminary plat of one lot into one lot and one outlot on 10.258 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0.
C. 2020 CDBG FUNDS (Resolution No. 2020-43)
Getschow reported the office of Housing and Urban Development (HUD) has announced Eden Prairie’s 2020 CDBG allocation to be $285,678. The City’s Human Services Review Committee reviewed the 2020 CDBG proposals and made funding recommendations. The majority of the funds go to housing programs such as housing
rehabilitation, the first-time home buyer program, and the West Hennepin Housing
Trust. In addition, funds are proposed for two social services providers, PROP and Household and Outside Maintenance for the Elderly (HOME). The recommended amounts are very close to the requests the agencies made.
CITY COUNCIL MINUTES March 17, 2020
Page 8 Freiberg asked if the funding has been used up from previous years. Getschow replied there are many applications for the funds, and we might be doing more loans this year.
There is always a demand. Jeremiah added the housing funds are in great demand
because new construction costs are extremely high and affordability is challenging. There was some reduction in the demand from first time home buyers, but that may be because of the high prices of homes in Eden Prairie. Freiberg asked if Ms Jeremiah felt comfortable with the levels. Jeremiah replied there are other resources available for
such funding.
Aho asked how the amount of money received as CDBG funds related to the amount received last year. Jeremiah replied this year we received a little more than anticipated, but generally we have seen reductions in recent years.
There were no comments from the audience. Case reminded people this funding is federal pass-through money and is incredibly needed in the community. The funds allow non-profits to provide what the City can’t
do.
Aho explained the City acts as a conduit to determine what organizations need money the most, so control of the funds is given to the local government to administer.
MOTION: Aho moved, seconded by Narayanan, to close the public hearing and to
adopt Resolution No. 2020-43 approving the use of 2020 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Motion carried 4-0.
D. VACATION OF BELLERIEVE EASEMENTS (Resolution No. 2020-44) Getschow said the property owners of Lot 9 and 10, Block 1, Bellerieve, have requested
the vacation of a part of the drainage and utility easements over the lots to facilitate the building of a new home. There were no comments from the audience.
MOTION: Narayanan moved, seconded by Aho, to close the public hearing; and to adopt Resolution No. 2020-44 vacating drainage and utility easements. Motion carried 4-0.
X. PAYMENT OF CLAIMS
MOTION: Aho moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
CITY COUNCIL MINUTES March 17, 2020
Page 9 A. CLIMATE ACTION PLAN (Resolution No. 2020-45) Getschow stated at the last Council meeting staff brought forward a draft of the Climate Action Plan for City Council review. The draft was the result of a year’s worth of study and review. We are now asking for a final adoption of the plan. We received two emails
in support of the plan since the last meeting when the draft plan was reviewed. There has also been quite a bit of discussion in the community about moving towards approving a community climate action plan. Ellis briefly reviewed the Climate Action Plan, stating the plan sets out strategy to bring
carbon emissions to zero by 2050. The plan tracks progress and will be reviewed every two years to make sure we are on track. Case explained the Council held a workshop on the plan, and Council Members have spent a lot of time reviewing the plan. He asked where the public could find a copy of
the plan. Getschow replied the plan is in tonight’s City Council meeting packet; however, following the adoption of the plan, staff will issue the news of approval to the community with information as to where the approved plan can be found on the City’s website.
Dr. Scott Adams, member of the Citizens’ Climate Lobby, thanked the City Council for being so proactive. He was happy to see the focus on energy-efficient transportation during the meeting tonight. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2020-
45 approving the Eden Prairie Climate Action Plan. Motion carried 4-0. Case commented this is one of the most exciting accomplishments since he has been on the City Council. Time flies, and right now 2050 seems so far away, but it really isn’t. This plan is based on things set in place by former Eden Prairie City Councils.
B. FIRST AND SECOND READING OF ORDINANCE NO. 6-2020 AMENDING
CITY CODE SECTION 2.23 RELATING TO RENAMING CITIZEN ADVISORY CONSERVATION COMMISSION TO CITIZEN ADVISORY SUSTAINABILITY COMMISSION Getschow explained the request is to rename the Citizen Advisory Conservation
Commission to Citizen Advisory Sustainability Commission. In order to change the name or number serving on a commission, it is necessary to approve an ordinance. The first and second reading of the ordinance require a unanimous vote of the Council.
MOTION: Freiberg moved, seconded by Aho, to approve first and second reading of
Ordinance 6-2020 amending City Code Section 2.23, relating to renaming the Citizen Advisory Conservation Commission to the Citizen Advisory Sustainability Commission. Motion carried 4-0.
CITY COUNCIL MINUTES March 17, 2020
Page 10 XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS
A. 2020 COMMISSIONS Case explained the City commissions help the Council with needed expertise and vetting of issues. Commission members are appointed each year after an application and interview process has been completed.
Getschow reiterated not all cities interview all applicants like Eden Prairie does. Again this year we have had more people apply than we have room for, and some people who applied last year but were not appointed reapplied and will be appointed this year. MOTION: Narayanan moved to appoint to the Conservation Commission Daniel
Katzenberger, Bruce Schaepe, and Nik Sell with terms ending March 31, 2023; Aho moved to appoint to the Flying Cloud Airport Advisory Commission Daniel Dorson, Andrew Kleinfehn, and Dave Rosa, with terms ending March 31, 2023, and Keith Tschohl with a term ending March 31, 2022; Freiberg moved to appoint to the Heritage Preservation Commission Rod Fisher with a term ending March 31, 2023;
Narayanan moved to appoint to the Human Rights and Diversity Commission Anjali Limaye and Katherine Lucht with terms ending March 31, 2023; Aho moved to appoint to the Parks, Recreation & Natural Resources Commission Cecilia Cervantes, Patrice Erickson, Andrew McGlasson, Tom Poul, and Shanti Shah with terms ending March 31, 2023; and Freiberg moved to appoint to the Planning Commission William
Gooding, Rachel Markos, Andrew Pieper, and Lisa Toomey with terms ending March 31, 2023, and Michael DeSanctis and John Kirk with terms ending March 31, 2022. Seconded by Aho. Motion carried 4-0. Getschow said normally commissions start up in April, but there is a strong possibility
they won’t start until May this year in light of the Corona virus issue. The Commission member orientation session will be pushed out as well. B. 2020 COMMISSION CHAIRS & VICE CHAIRS Getschow explained Chairs and Vice Chairs are appointed annually by the City Council
following the appointment of members to City commissions.
MOTION: Narayanan moved to appoint Cindy Hoffman Chair and Aaron Poock Vice Chair of the Conservation Commission; Aho moved to appoint Bob Barker Chair and Daniel Dorson Vice Chair of the Flying Cloud Airport Advisory
Commission; Freiberg moved to appoint Steve Olson Chair and Tara Kalar Vice
Chair of the Heritage Preservation Commission; Narayanan moved to appoint Gregory Leeper Chair and Shahram Missaghi Vice Chair of the Human Rights and Diversity Commission; Aho moved to appoint Larry Link Chair and Patrice Erickson Vice Chair of the Parks, Recreation and Natural Resources Commission; and Freiberg
CITY COUNCIL MINUTES March 17, 2020
Page 11 moved to appoint Andrew Pieper Chair and Ed Farr Vice Chair of the Planning Commission. Seconded by Narayanan. Motion carried 4-0.
C. 2020 BOARD OF APPEAL AND EQUALIZATION Getschow stated the Board of Appeal and Equalization is a specialized group of residents appointed to hear appeals of property values in Eden Prairie. Each of the appointees is in the real estate profession. He noted the Board of Appeal and Equalization would normally be appointed for the period of March 1, 2020 through
May 31, 2020, but this year staff suggests the time period be March 1, 2020 to July
31, 2020. MOTION: Aho moved, seconded by Narayanan, to appoint to the Board of Appeal and Equalization Lyndon Moquist, Annette O’Connor, Todd L. Walker, Nate
Thompson, and Kristin Rial for the period of March 1, 2020 through July 31, 2020, or
until the Board of Appeal and Equalization completes its work. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor’s Water Challenge (Resolution) (Item removed from tonight’s agenda)
2. Resolution No. 2020-47 Extending the Period of a Local Emergency Case explained we need to rely on the recommendations of our scientific and
medical experts, so we are taking collective action to isolate ourselves in order to isolate the virus for at least the next 15 days. The period of time could be extended if necessary. The experts say we must try to slow down the spread of the virus so they can take care of the situation and keep the virus away from
vulnerable members of the community. This declaration will also allow us to
request State and Federal assistance and will give us time to look into reallocating staff time to assist the most needy and vulnerable. The City Council is being asked to extend the declaration of a state of emergency indefinitely until the City Council chooses to rescind it.
Getschow added the action allows the City to keep functioning in a state of emergency. Aho believed we are taking the appropriate action needed at this time. This is an
unusual and unsafe time that we have not experienced in the past, and he would
wholeheartedly support the resolution. Narayanan assured residents the Council is concerned about this and have discussed this with City staff.
CITY COUNCIL MINUTES March 17, 2020
Page 12 Case reported the City is very well prepared, and we have an amazing public safety staff. Our Police and Fire Departments are the best. We could not be
better prepared for this and will go into this very sound fiscally. The State of
Minnesota operates on a stable tax basis. We need everyone’s help to be as good as we can be in isolation. This resolution allows us to activate everything within the City. He cautioned climate change predicts more of these types of disasters.
Aho explained City services will be moving forward, and we just ask that
people needing a service make the request electronically or by phone rather than coming into the City Hall. City staff will be working, but City Hall will not be open.
Case said information about City services can be found online and will be
posted on the doors of City Hall as we try to limit people’s exposure. Narayanan noted residents should follow the CDC’s guidelines to stay home, do not travel, and maintain social distances.
MOTION: Freiberg moved, seconded by Aho, to adopt Resolution No. 2020-47 enacted pursuant to Minnesota Statutes Section 12.29 extending the period of a local emergency. Motion carried 4-0. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:25 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 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 cancellation of the licenses listed below
Cancellation of Temporary Liquor License Approved March 17, 2020 Organization: Minnesota Squash Association Event: 2020 MN Squash State Championships
Date: April 23-26, 2020
Place: Boast Squash 9805 Hamilton Road Cancellation of Temporary Liquor License Approved February 18, 2020 Organization: The Preserve Association
Event: Spring Wine Tasting Date: April 24, 2020 Place: The Preserve Community Center 11221 Anderson Lakes Parkway
Cancellation of Temporary Liquor License Approved February 18, 2020 Organization: Church of Pax Christi Event: Cana Dinner Date: April 25, 2020
Place: Pax Christi Social Hall
12100 Pioneer Trail Cancellation of Temporary Liquor License Approved February 4, 2020 Organization: City of Eden Prairie / EP Liquor
Event: Wine & Beer Tasting
Date: April 30, 2020 Place: Garden Room 8080 Mitchell Road
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/Beth Novak-Krebs
ITEM DESCRIPTION:
Eden Ridge Estates
ITEM NO.:
VIII.B.
Requested Action Move to:
• Approve the 2nd Reading of the Ordinance for a Planned Unit Development District
Review with waivers and a Zoning District Change from Rural to R1-9.5 on 4.3 acres
• Approve the Development Agreement Synopsis This is the final approval of Eden Ridge Estates project. The applicant is requesting approval to
develop 15807 and 15817 Valley View Road into 10 single-family lots. The property is located about ¼ mile east of Eden Prairie Road on the south side of Valley View Road. The property contains two parcels for a total of 4.3 acres. The project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. The property is surrounded by single-family development.
Background The applicant has agreed to provide each garage in the neighborhood with the necessary wiring for an electric vehicle charging station should the homeowner decide to install the charging
equipment. This is addressed in the Development Agreement. The Development Agreement also addresses that the developer will have the option to not install the streetlight at the end of the cul-de-sac. Lighting along the street will be provided by solar switch controlled lighting on every home in accordance with the lighting plan.
The 120-day review period expires on June 15, 2020. Attachments 1. Ordinance for PUD
2. Ordinance Summary 3. Development Agreement
EDEN RIDGE, LLC CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2020-PUD-3-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District as noted in Exhibit A 7-2020-
PUD-3-2020 (hereinafter "PUD-3-2020-R1-9.5”).
Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 21, 2020 entered into between Eden Ridge, LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement
contains the terms and conditions of PUD-3-2020-R1-9.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings: A. PUD-3-2020-R1-9.5 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-3-2020-R1-9.5is 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-3-2020-R1-9.5 are justified by the design of the development described therein. D. PUD-3-2020-R1-9.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District and placed in the R1-9.5 Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-3-2020-R1-9.5
and the legal descriptions of land in each district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and are amended accordingly.
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
17th day of March, 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 21st day of April, 2020.
ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on__________________, 2020.
EXHIBIT A
Legal Description Prior to the Final Plat: Parcel 1:
The North 416 feet of the Northwest Quarter of the Southwest Quarter of Section 9, Township
116, Range 22 lying West of the East 654 feet thereof and East of the West 520.5 feet thereof, Hennepin County, Minnesota. Torrens Property
Torrens Certificate No. 1494511.
Parcel 2: The East 312 feet of the West 520.5 feet of the North 416 feet of the NW 1/4 of the SW 1/4 of Section 9, Township 116,
Range 22, Hennepin County, Minnesota.
Abstract Property. Legal Description After the Final Plat: Lots 1-10 and Outlots A and B, Eden Ridge Estates, Hennepin County, Minnesota
EDEN RIDGE, LLC CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 7-2020-PUD-3-2020 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 15807 and 15817 Valley View Road within the Rural Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on ______________________, 2020. (A full copy of the text of this Ordinance is available from City Clerk.)
Development Agreement – Eden Ridge Estates 1
DEVELOPMENT AGREEMENT
Eden Ridge Estates THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2020, by Eden Ridge, LLC, a Minnesota limited liability company, 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 Planned Unit Development Concept Review on 4.3 acres, Planned Unit Development District Review with waivers on 4.3 acres,
Zoning District Change from Rural to R1-9.5 Zoning District on 4.3 acres, and Preliminary Plat
of 4.3 acres into 10 lots and 2 outlots (the “Applications”), for property legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Resolution No. __________
for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-9.5 on 4.3 acres, and Resolution No. __________ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated ______________, reviewed and approved by the City Council on ____________, (hereinafter the "Plans") and identified on Exhibit B, subject to such
Development Agreement – Eden Ridge Estates 2
changes and modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. BUILDING LAYOUT AND BUILDING MATERIALS: Developer shall offer to
prospective purchasers a variety of architectural styles, building materials and colors to provide variation throughout the neighborhood. Homes located next to each other may not have the same architectural style. Prior to the City’s approval of the Final Plat , Developer shall provide the City Planner with the palette of choices for the home models, building
materials and colors. Developer shall notify potential buyers of the house architectural style
and building material colors selected for adjacent lots already under contract for sale. Developer shall encourage purchasers to select materials and colors that provide variation from selections made for homes on adjoining lots, provided however material and color selection is left to the discretion of the Developer and purchaser.
4. CASH PARK FEES: Developer shall pay cash park fees for 10 lots as required by City Code in effect as of the date of the issuance of the building permits for construction on the Property.
5. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill
an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee.
6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors,
suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 7. ELECTRIC VEHICLE READY GARAGES: Developer shall furnish and install for each home all necessary circuit breakers, electrical wiring and receptacles required to
support one Level II electric vehicle charging station. This shall include a 4-wire, 240 volt
40 amp circuit with a NEMA 14-50 outlet receptacle from the main electrical panel to an outlet box on the front wall of the garage adjacent to a vehicle parking stall.
Development Agreement – Eden Ridge Estates 3
8. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Registrar of Titles’ Office, as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice,
to the Developer, consider a resolution revoking the approval. 9. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including
wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be
submitted with the final grading and drainage plan. Developer shall furnish to the
City Engineer and receive the City Engineers’ written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code, which shall be provided as follows: $86,000 to the City and $110,000 to the Riley Purgatory Bluff Creek Watershed
District. 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. The drainage plan associated with the Project must not adversely impact the
drainage characteristics on any adjacent properties and the 100-year high water
level elevation of any BMP or low area on adjacent properties must not increase from that of existing conditions. the Developer shall submit calculations for all
Development Agreement – Eden Ridge Estates 4
adjacent BMPs and low areas with the final grading and drainage plan.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, “Stormwater Infiltration” or “Filtration Systems” (such as rainwater gardens, vegetated swales, infiltration basins,
vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or “Underground Systems” (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration
systems, pre-manufactured pipes, modular structures or hydrodynamic separators)
shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where
appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm Water Manual” dated November 2005, the approved final grading plan and the requirements listed herein.
Entering all inspection and/or maintenance activities into the City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC) will be required during construction. The design professional retained by the Developer to develop the SWPPP and/or perform inspections for the Project will be required to enter this data.
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
Development Agreement – Eden Ridge Estates 5
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 constructed with the Project to ensure they continue to
function as designed in perpetuity prior to issuance of the Land Alteration Permit.
The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater
Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8.
During construction and for two years following completion of construction, all Stormwater Facilities constructed with the Project shall be inspected by the Developer or design professional 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:
Development Agreement – Eden Ridge Estates 6
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 requiresmaintenance, 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 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
Development Agreement – Eden Ridge Estates 7
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.
10. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, as delineated by the Limits of Construction (LOC) noted on the grading and drainage plan included on the Exhibit B Plans, Developer shall submit to
the City Forester and receive the City Forester's written approval of the final grading and
drainage plan depicting construction grading limits or LOC on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain
the construction limit fence until written approval is granted by the City to remove the fence. 11. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails
and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for
the Property. 12. TREE REPLACEMENT PLAN: The project requires 308 caliper inches of Tree Replacement. The Exhibit B Tree Replacement Plan includes 309 caliper inches of Tree Replacement.
Prior to the issuance of a Land Alteration Permit, the Developer shall submit to the City Planner and receive the City Planner's written approval of an executed Tree Replacement Agreement for the Property, which shall be consistent with the Exhibit B Tree Replacement Plan.
The Tree Replacement Plan shall be phased to include all common areas, outlots, and perimeter plantings in Phase One and individual lots in Phase Two as depicted in the Exhibit B Plans. Trees in Phase One shall be planted within 18 months of issuance of a Land Alteration Permit for the Property. Trees in Phase Two on individual lots shall be
planted within 18 months of issuance of a Building Permit for the subject lot, and shall not
be planted prior to the issuance of a Building Permit without written approval from the City Planner.
Development Agreement – Eden Ridge Estates 8
Prior to the issuance of a Land Alteration Permit, Developer shall also submit to the City Planner and receive the City Planner's written approval of two securities in the form of a cash escrow or irrevocable letter of credit equal to 150% of the cost of said improvements, including all proposed trees, to align with project phasing as depicted on the Tree Replacement Plan as part of the Exhibit B Plans. The security for Phase One may be held
for the longer of one year or two growing seasons after the installation of all plantings in Phase One and inspection by the City, consistent with the Tree Replacement Agreement. The security for Phase Two may be held for the longer of one year or two growing seasons after the installation of all plantings in Phase Two and inspection by the City, consistent
with the Tree Replacement Agreement. The security for Phase Two may be used to correct
any damage to Phase One plantings that may occur during Phase Two building construction after the release of the Phase One security. The Tree Replacement 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 Tree Replacement Plan
shall include replacement trees of a 2.5-inch diameter minimum size for shade trees and a 6-foot minimum height for conifer trees. Should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
The installation shall conform to the approved Tree Replacement Plan including but not
limited to the size, species, and location as depicted on the Exhibit B Plans. Any changes, including but not limited to removal, relocation, and species substitutes of similar size, shape, hardiness, sensitivity, etc. to the Tree Replacement Plan or plantings installed on the Property shall be reviewed and approved by the City prior to implementing said
changes. Developer shall complete implementation of the approved Tree Replacement Plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of the Tree Replacement Agreement and Exhibit C of this Development Agreement. Any tree planted in Phase One that may be impacted by Phase Two building construction on the lot on which it is located or on an adjacent lot shall be protected through the duration of Phase
Two construction.
13. 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 Riley Purgatory Bluff Creek Watershed District.. 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
Development Agreement – Eden Ridge Estates 9
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. 14. OUTLOTS: The Developer shall convey to the City fee simple marketable title to Outlots A and B by Warranty Deed, free and clear of all encumbrances. Prior to recording the Developer must submit the Warranty Deed to the City Engineer for review and written
approval. After approval by the City Engineer, Developer shall file the Warranty Deed with the Hennepin County Recorder/Registrar of Titles immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or
assigns.
Prior to the issuance of any building permit for the Property, except those building permits authorized under paragraph 24 of this Agreement, Developer shall submit to the City Engineer proof that the Warranty Deed has been recorded in the Hennepin County Recorder's/Registrar of Titles Office.
Outlots A and B shall not be subject to the terms and conditions of this Agreement. 15. 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. 16. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-9.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A. Minimum Lot Width – City Code requires a minimum lot width of 70 feet on a cul-de-sac street right-of-way and a minimum of 55 feet for those lots entirely on the arc
of the circular portion. The waiver allows Lots 1-5, and Lot 9 to have lots widths
between 52.25 feet and 56.32 feet and Lots 6,7, and 8 to have a lot width of 52.25 feet. 17. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls greater than four feet in height. These plans shall include details with respect to the height, type of materials, and method
of construction to be used for the retaining walls
Developer shall complete implementation of the approved retaining wall plan in
Development Agreement – Eden Ridge Estates 10
accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance
of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns.
18. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 19. SITE LIGHTING: All lighting shall consist of downcast cut-off fixtures. Pole lighting
shall not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. As shown on the approved lighting plan, Developer may eliminate the street light at the end of the cul-de-sac in favor of solar switch controlled lighting on each home.
20. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property, an assessment agreement, in the form and substance as attached in Exhibit D, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of .40 acres in the amount of $3,483.52. 21. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of
the final plat for the Property, Developer shall furnish to the City Engineer and receive the
City Engineer’s written approval of a security equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings.
22. STREET NAME: Prior to submission of the final plat, the Developer must submit a revised street name to be approved by the City Engineer. 23. MORTGAGEE CONSENT: There is currently a mortgage lien recorded against the
Property in favor of Crown Bank. Developer shall deliver to the City and record as a part
of this Agreement the executed Consent and Subordination attached hereto as Exhibit E.
Development Agreement – Eden Ridge Estates 11
24. BUILDING PERMITS FOR MODEL HOMES. Prior to the recording of the final plat,
the City may issue up to two (2) building permits, one for each existing parcel on the Property, to allow Developer to commence construction on model homes.
Development Agreement – Eden Ridge Estates 12
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 ________________, 2020, 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
Development Agreement – Eden Ridge Estates 13
Eden Ridge, LLC By ________________________________
Its ________________________________ STATE OF MINNESOTA ) ) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2020, by _______________________________________, the , of
________________, a _______________________, on behalf of the company. Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Development Agreement – Eden Ridge Estates 14
EXHIBIT A
DEVELOPMENT AGREEMENT – EDEN RIDGE ESTATES
Legal Description Before Final Plat Parcel 1: The North 416 feet of the Northwest Quarter of the Southwest Quarter of Section 9, Township 116, Range 22 lying West of the East 654 feet thereof and East of the West 520.5 feet thereof,
Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1494511.
Parcel 2: The East 312 feet of the West 520.5 feet of the North 416 feet of the NW 1/4 of the SW 1/4 of Section 9, Township 116, Range 22, Hennepin County, Minnesota. Abstract Property.
Legal Description After Final Plat Lots 1 -10 and Outlots A and B, Eden Ridge Estates, Hennepin County, Minnesota
Development Agreement – Eden Ridge Estates 15
EXHIBIT B
DEVELOPMENT AGREEMENT – EDEN RIDGE ESTATES
Exhibit B
Cover Sheet dated 1/21/2020 by HTPO, Inc. Existing Conditions Survey dated 1/21/2020 by HTPO, Inc. Preliminary Plat dated 1/21/2020 by HTPO, Inc. Tree Inventory Plan dated 1/21/2020 by HTPO, Inc. Tree Inventory Table dated 1/21/2020 by HTPO, Inc.
Site Plan dated 1/21/2020 by HTPO, Inc. Glengarry Place Plan & Profile dated 1/21/2020 by HTPO, Inc. Grading & Drainage Plan dated 1/21/2020 by HTPO, Inc. Storm Sewer Profiles dated 1/21/2020 by HTPO, Inc.
Sanitary Plan and Profile dated 1/21/2020 by HTPO, Inc.
Watermain Plan and Profile dated 1/21/2020 by HTPO, Inc. Erosion & Sediment Control Plan dated 1/21/2020 by HTPO, Inc. Tree Replacement and Landscape Plan dated 1/21/2020 by HTPO, Inc. Civil Details dated 1/21/2020 by HTPO, Inc.
Civil Details dated 1/21/2020 by HTPO, Inc.
Civil Details dated 1/21/2020 by HTPO, Inc.
Development Agreement – Eden Ridge Estates 16
EXHIBIT C
DEVELOPMENT AGREEMENT – EDEN RIDGE ESTATES
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows
showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of
said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: 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"),
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, except for a mortgage in favor of Crown Bank. Prior to conveying the Dedicated Property to the City, Developer shall obtain a partial
Development Agreement – Eden Ridge Estates 17
release of mortgage from Crown Bank to release the Dedicated Property from the
mortgage. 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. To the best of Developer’s knowledge, 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.
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,
Development Agreement – Eden Ridge Estates 18
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, except issuance of those building permits authorized by paragraph 24 of this Agreement, 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. Any SAC credits allocated to the Property will be maintained as site-specific to be utilized at the Developer’s discretion.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department.
XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top
Development Agreement – Eden Ridge Estates 19
of the post.
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 final plat with Hennepin County
Recorder's Office/Registrar of Titles' Office.
Development Agreement – Eden Ridge Estates 20
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.
Development Agreement – Eden Ridge Estates 21
EXHIBIT D
DEVELOPMENT AGREEMENT – EDEN RIDGE ESTATES
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 2020, between the City of Eden Prairie, a municipal corporation, (the "City") and Eden Ridge, LLC, a Minnesota limited liability company (the "Owner").
A. The Owner holds legal and equitable title to property described as
, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage
facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount
of $ 3,483.52 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied.
3. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner
waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments.
Development Agreement – Eden Ridge Estates 22
5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the
necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of
$___3,483.52___________ until such time as the assessments referred to above are levied.
Development Agreement – Eden Ridge Estates 23
OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Ronald A. Case Its Mayor
By: NOT TO BE SIGNED Rick Getschow, Its City Manager
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of __________, 2020, by Ronald A. Case, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of ___________, 2020, by the , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Development Agreement – Eden Ridge Estates 24
EXHIBIT E
DEVELOPMENT AGREEMENT – EDEN RIDGE ESTATES
Development Agreement – Eden Ridge Estates 25
CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated October 30, 2019, recorded in the
office of the Hennepin County Registrar of Titles on November 6, 2019 as Document No. 5660197 and in the office of the Hennepin County Recorder on January 6, 2020 as Document No. 10743005, as amended by that certain Modification of Mortgage dated December 26, 2019, recorded in the office of the Hennepin County Registrar of Titles on December 27, 2019 as Document No.
5673619 and in the office of the Hennepin County Recorder on January 6, 2020 as Document No.
10743006, covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated ______ __, 2020 by Eden Ridge, LLC to the City of Eden Prairie.
CROWN BANK By:
Its:
STATE OF MINNESOTA )
) ss. COUNTY OF ________________ ) On the ______ day of _______________, 2020, before me personally came
___________________________, to me known, who being duly sworn by me stated that he/she
is the __________________________ of Crown Bank and that he/she is duly authorized to execute the foregoing instrument.
______________________________ Notary Public
Development Agreement – Eden Ridge Estates 26
EXHIBIT A
To Consent and Subordination Legal Description Before Final Plat Parcel 1:
The North 416 feet of the Northwest Quarter of the Southwest Quarter of Section 9, Township 116, Range 22 lying West of the East 654 feet thereof and East of the West 520.5 feet thereof, Hennepin County, Minnesota.
Torrens Property
Torrens Certificate No. 1494511. Parcel 2: The East 312 feet of the West 520.5 feet of the North 416 feet of the NW 1/4 of the SW 1/4 of Section 9, Township 116, Range 22, Hennepin County, Minnesota.
Abstract Property. Legal Description After Final Plat
Lots 1 -10 and Outlots A and B, Eden Ridge Estates, Hennepin County, Minnesota
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Sarah Strain
ITEM DESCRIPTION:
Golden Triangle Industrial Development
ITEM NO.:
VIII.C.
Requested Action Move to:
• Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with
waivers and a Zoning District Change from Rural to Industrial I-2 and Parks and Open Space
on 10.258 acres;
• Adopt a Resolution for a Site Plan Review on 10.258 acres; and
• Approve the Development Agreement for Golden Triangle Industrial Development.
Synopsis This is the final approval of the development agreement and plans for the Golden Triangle Industrial Development. The property is located on the southwest corner of Valley View Road and Golden
Triangle Drive. Background On March 17, 2020, the City Council approved the 1st reading of the Ordinance for the PUD with waivers
and a Zoning District Change for Golden Triangle Industrial Development and directed staff to prepare a Development Agreement. The proposed project is to construct an approximately 130,130 square foot, single story industrial
building. The Site Plan is for an anticipated building use of 80 percent warehouse and 20 percent office.
An Alternative Site Plan was also submitted to show how parking could be accommodated on the site with different building uses, up to 50 percent warehouse, 25 percent office, and 25 percent manufacturing. In order to implement the Alternative User Site Plan, the Developer must inform the City Planner in writing prior to the issuance of land alteration or building permits for the Property. An approximately one
(1) acre outlot covering all of the wetland on the property and most of the wetland buffer will be created
and deeded to the City. The 120-Day review period expires on May 2, 2020.
Attachments 1. Ordinance – PUD District Review with waivers and Zoning District Change 2. Ordinance Summary 3. Resolution – Site Plan
4. Development Agreement
GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2020-PUD-4-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural District and be placed in the I-2 District and Parks and Open Space as noted in Exhibit A PUD- 4-2020. Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of April 21st, 2020, entered into between Opus Development
Company, LLC, and the City of Eden Prairie. The Development Agreement contains the terms and conditions of PUD- 4-2020, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings:
A. PUD- 4-2020 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- 4-2020 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- 4-2020 are justified by the design of the development described therein.
D. PUD- 4-2020 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
removed from the Rural District and shall be included hereafter in the I-2 District and Parks and Open Space respectively as noted in Exhibit A, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. The rezoning to Parks and Open Space is contingent upon Metropolitan Council
approval of a Comprehensive Plan amendment reguiding land as noted in Exhibit A to Parks and
Open Space.
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, “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
17th day of March, 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 21st day of April, 2020. ATTEST:
_____________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on__________________, 2020.
EXHIBIT A
Legal Description Before Final Plat
That part of the Southwest Quarter of the Northeast Quarter (SW ¼ of NE ¼) lying southerly of
Valley View Road and westerly of Golden Triangle Drive, and that part of the Northwest Quarter of the Southeast Quarter (NW ¼ of SE ¼) lying west of Golden Triangle Drive and north of the westerly extension of the south line of 74th Street West, all in Section 12, Township 116, Range 22, Hennepin County, Minnesota.
Legal Description After Final Plat Lot 1, Block 1 and Outlot A, Golden Triangle Industrial, Hennepin County, Minnesota
Property to be removed from Rural and rezoned to I-2:
Lot 1, Block 1, Golden Triangle Industrial, Hennepin County, Minnesota Property to be removed from Rural and rezoned to Parks and Open Space: Outlot A, Golden Triangle Industrial, Hennepin County, Minnesota
GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2020-PUD-4-2020
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at the intersection of Valley View Road and Golden Triangle Drive, from the Rural Zoning District to the I-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication. ATTEST:
___________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on__________________, 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 GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT BY OPUS DEVELOPMENT WHEREAS, Opus Development has applied for Site Plan approval for Golden Triangle Industrial Development to construct a 130,000 square foot industrial building; and
WHEREAS, zoning approval for the Golden Triangle Industrial Development was
granted by an Ordinance approved by the City Council on April 21st, 2020; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its February 24, 2020 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its March 17th, 2020 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Golden Triangle Industrial Development, subject to the Development Agreement between Opus Development Company and the City of Eden Prairie, reviewed and approved by the City Council on April 21st, 2020.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of April, 2020.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Kathleen Porta, City Clerk
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DEVELOPMENT AGREEMENT
Golden Triangle Industrial Development THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2020, by Opus Development Company, L.L.C., a Delaware limited liability company, 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 Planned Unit Development Concept
Review on 10.258 acres, Planned Unit Development District Review with waivers on 10.258 acres,
Zoning District Change from Rural to Industrial I-2 Zoning District on 10.258 acres, Site Plan Review on 10.258 acres, and Preliminary Plat of 10.258 acres into one (1) lot and one (1) outlot (the “Applications”), legally described on Exhibit A (the “Property”);
NOW, THEREFORE, in consideration of the City adopting Resolution No. _______ for
Planned Unit Development Concept Review, Ordinance No. ________ for Planned Unit Development District Review and Zoning District Change from Rural to Industrial I-2 on 10.258 acres, and Resolution No. _______ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
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and stamp dated March 5, 2020, reviewed and approved by the City Council on March 17,
2020, (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. ALTERNATIVE USER SITE PLAN: If the Developer decides to implement the Alternative User Site Plan based on the tenant composition within the building, the Developer must inform the City Planner in writing prior to the issuance of any land
alteration or building permits for the Property. The Developer may implement the
Alternative User Site Plan in accordance with the Alternative User Plans included in the Exhibit B Plans without the need for additional public process. Changes from the Alternative User Plans may require public process.
At such time that the Alternative User Site Plan is implemented, in part or in full, any
unutilized or inaccessible dock doors must be converted to comply with building material requirements and all other applicable architectural standards in a manner that is compatible to the Exhibit B plans. 4. CASH PARK FEES: The Developer shall pay cash park fees for 8.96 acres as required
by City Code in effect as of the date of issuance of the building permits for construction of the Property. 5. CONVEYANCE OF OUTLOT A: After the Final Plat is filed in the office of the
Hennepin County Recorder, the Developer shall convey Outlot A to the City by a warranty
deed. The Developer shall submit the executed warranty deed to the City for review and approval prior to the release of the Final Plat. The warranty deed shall be recorded with the Hennepin County Recorder immediately after recording the Final Plat and prior to recording of any document affecting the Property including but not limited to any mortgage
granted by the Developer or owners, their successors and/or assigns. Prior to the issuance
of the first building permit for the Property, the Developer shall submit to the City Engineer proof that the warranty deed for Outlot A has been recorded in the Hennepin County Recorder’s Office in accordance with the requirements in this paragraph.
6. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property, construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give notice of such violation and Developer shall cure such violation within the time period specified in the notice, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while a violation is continuing, unless
waived by City.
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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.
7. 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. 8. FINAL PLAT: The final plat of the Property shall be recorded with the Office of the Hennepin County Recorder within 90 days of approval by the City Council or within 2
years of approval of the Preliminary Plat, whichever occurs first. If the final plat is not filed
within the specified time, the City Council may, upon ten days written notice, to the Developer, consider a resolution revoking the approval. 9. 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 attached to this Development Agreement are conceptual. All stormwater treatment facilities to treat Site runoff must be located on
Lot 1, Block 1; stormwater treatment is not allowed on Outlot A. Prior to the release of
a land alteration permit for the Property, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must include: 1. Wetland information, including wetland boundaries, wetland buffer strip
boundaries and wetland buffer monument locations;
2. Stormwater Facilities, including all stationary and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater, and
3. Any other items required with the land alteration permit application and/or by
the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications: 1. Design calculations for stormwater quality; rate, 100-year high water level
(HWL), and volume together with a drainage area map;
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2. Financial Security in the form of a bond, cash escrow, or letter of credit, equal
to 125% of the cost of said improvements, in a format approved by the City and as required by City Code; 3. Criteria proposed to determine if the stormwater facilities are functioning as proposed;
4. Maintenance & Monitoring Plan to ensure that all stormwater facilities continue
to function as designed in perpetuity, pursuant to and in accordance with Eden Prairie City Code. The Maintenance & Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance;
b) Access plans for inspections, monitoring and/or maintenance;
c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces;
g) Plans for restoration or repairs (including reduced infiltration when
applicable); h) Performance standards; i) Corrective actions that will be taken if the Stormwater Facility(s) does not meet performance specifications;
j. Plan for access and maintenance of any stormwater facilities; and
k. Stormwater facilities constructed and installed under a building must be designed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005). The underground system must be kept off-line until construction is complete.
5. Erosion and sedimentation control plan; and
6. Copy of the Stormwater Pollution Prevention Plan (SWPPP) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit. Prior to release of the Land Alteration Permit security, Developer must complete implementation of the approved SWPPP.
Land Alteration Permit applications for projects that incorporate infiltration practices as part of the stormwater facility must also include the following:
Construction management practices used to assure the infiltration system(s) will be protected and functional after completion of
construction;
Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction;
Proposed infiltration volumes in cubic feet and rates in inches per hour;
Methods used for field verification of infiltration rates for stormwater infiltration systems;
Proposed methods that will be used to assure that infiltration is restored,
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if needed.
All proposed practices, measures, and methods must be in accordance with the Minnesota Stormwater Manual.
In addition, the following items must be specified on the Plans developed for
construction of infiltration practices:
Materials must not be stockpiled or stored within the proposed infiltration area(s);
Vehicular access and parking within the infiltration area(s) is prohibited; and
Construction techniques must protect the infiltration capacity by limiting soil compaction the greatest extent possible, including use of erosion
control fencing to delineate the infiltration area and use of low-impact
earth moving equipment. C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the design professional who prepared the final grading plan or
a professional engineer (to be approved in writing by the City Engineer) to complete
the following:
Monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP).
Monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm Water Manual”, and all requirements listed in this Section.
Enter all inspection, monitoring, and maintenance activities and/or reports
regarding site construction and land alteration permit requirements into the
City's web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted bi-weekly between April 1 and October 31. The remainder of the year inspections must be conducted monthly.
Provide a final report to the City certifying completion of the grading in conformance with the approved final grading plan and SWPPP and that all Stormwater Facilities are functioning in accordance with the approved plans.
D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be
maintained by the Developer during construction and for a minimum of two (2) full growing seasons from the completion of construction, as to be determined by the City Engineer). Repairs completed during this time must be done in accordance with the Maintenance & Monitoring Plan provided with the Land Alteration Permit and with City Code.
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Pervious surfaces must 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. Once the City has determined in writing that the Stormwater Facilities conform to the
design criteria established in the land alteration permit and SWPPP, the Owner of the
Property will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code. If there is a Drainage Easement present over the Stormwater Facility(s), the easement holder will become responsible.
10. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to the issuance of a Land
Alteration permit, the Developer must pay the cash payment for Tree Replacement. The cash payment shall be based on 524.5 inches of Tree Replacement. The cash payment shall be calculated in accordance with the fee schedule in effect at the time of the issuance of the Land Alteration Permit.
Prior to Land Alteration Permit issuance, the Developer must submit to the City Planner an executed landscape agreement for the Property including all proposed trees, shrubs, perennials, and grasses as depicted on the Exhibit B Plans.
Prior to Land Alteration Permit issuance, Developer must submit to the City Planner and
receive the City Planner’s written approval of a financial 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 plan on the Exhibit B Plans (hereinafter referred to in this Section 10 as the “Security”).
The approved landscape plan must 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 must 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
must 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 must 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 proposed,
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 Planner prior to implementing said changes. Developer shall complete implementation of the approved landscape plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Development Agreement. The Security will be released in accordance with the terms of the landscape agreement.
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11. MECHANICAL EQUIPMENT SCREENING: For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening is included with that provided for landscaping on the Property, in accordance
with City Code requirements, which may be held until mechanical equipment is screened
as required by City Code. Developer shall complete implementation of any mechanical screening component of the approved landscape plan or other Exhibit B plans prior to issuance of any occupancy permit for the Property or such later date as may be agreed to by the City Planner.
If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer
shall take corrective action to reconstruct the mechanical equipment screening in order to
cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the landscape security provided until Developer completes all such corrective measures.
12. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary
approvals issued by other agencies for the project to the City Engineer. 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,
Watershed District, Department of Health, MNDOT, Hennepin County.
The City Planner may determine that conditions of approval required by the Nine Mile Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission
and approval by the City Council. Developer consents to such additional review as
determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 13. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage
of inoperable automobiles, automobile parts, equipment, inventory, or refuse,.
14. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the
Property boundary lines.
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15. PROOF OF PARKING SPACES: Developer and City acknowledge that the 26 proof of parking spaces proposed for the Property, depicted in the Exhibit B Plans, are designated for use by the tenant(s) of the building on the Property and that said spaces are not required to be constructed at this time.
At such time as the City Manager, in his or her discretion, determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the tenant(s) of the building on the Property, the City Manager shall notify the Developer in writing of the need to construct such additional proof of parking spaces which in any
event shall not exceed 26 in the aggregate. This notification shall include the number,
location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. If at such time that the City Manager determines that it is necessary for all or a portion of
such proof of parking spaces to be constructed, the Developer shall construct the proof of
parking spaces or, in the alternative, may implement the Alternative User Site Plan as depicted on the Exhibit B Plans in order to accommodate the tenant(s) of the building on the Property, provided the Developer provides the City Planner notice in writing of its intent to implement the Alternative User Site Plan in accordance with Paragraph 3 of this
Agreement. At such time that the Alternative User Site Plan is implemented, in part or in
full, any unutilized or inaccessible dock doors must be converted to comply with building material requirements and all other applicable architectural standards in a manner that is compatible to the Exhibit B plans.
16. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code
requirements within the Industrial I-2 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (PUD number):
Landscaping Requirements for Single-Story Structures over 20' City Code currently requires single story buildings over 20 feet tall to be considered two (2) stories for landscaping requirement purposes. A waiver from this standard is approved to allow compliance with landscaping requirements for a single story structure.
Front Yard Setback The property has two front yards along Golden Triangle Drive and Valley View Road. Front yard setbacks in the I-2 zoning district are 50 feet. A waiver for a 36
foot front yard setback along Valley View Road is approved.
Driveway Width
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The maximum driveway width is 30 feet. A waiver from this requirement for the
westernmost access on Valley View Road is approved to construct a 64 foot driveway width.
Base Area Ratio & Floor Area Ratio The maximum Base Area Ratio (BAR) and Floor Area Ratio (FAR) permitted in the Industrial I-2 District is 0.3 for single story structures. A waiver allowing BAR/FAR of 0.35 is approved.
17. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer must receive a retaining wall permit from the City for any retaining walls greater than four feet in height. The retaining wall plans must include details with respect to the height, type of materials, and method of construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C attached hereto , prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility
of the Developer, its successors and assigns. 18. SALT AND SNOW STORAGE: Outdoor salt storage is not allowed on the Property. Snow storage must not be provided in any required parking areas or stormwater treatment areas. If the Property does not provide adequate snow storage area, snow must be removed
from the Property by the Developer. Any indoor salt storage on the Property shall be done in compliance with the requirements of any applicable federal, state, or local environmental laws or other laws applicable to such storage. 19. SIDEWALK EASEMENT: Prior to the release of any final plat for the Property,
Developer shall submit a Sidewalk Easement, in the form attached as Exhibit E, for review and written approval by the City Engineer, over that portion of the Property, as delineated on the Plans. After approval by the City, Developer shall file the Sidewalk Easement with the Office of the Hennepin County Recorder immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited
to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the building permit for the Property, Developer shall submit to the City Engineer proof that the Sidewalk Easement has been recorded in the Office of the Hennepin County Recorder. The City may withhold permit issuance until proof of
recording has been provided.
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20. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size,
material construction, and location of any such sign, consistent with the sign plan shown
on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 21. SITE LIGHTING: All lighting shall consist of downcast cut-off fixtures. Pole lighting
shall not exceed 25 feet in height. Developer shall complete implementation of the lighting
plan in Exhibit B prior to issuance of any occupancy permit for the Property. 22. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit D,
shall be signed by the owner of the Property with the City for trunk sewer and water
assessments on an assessable area of 1.25 acres in the amount of $10,885.00. 23. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures that will abut existing wetlands or storm water pretreatment ponds must have a
minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans.
24. TRASH: Developer agrees that all trash, trash receptacles, and recycling bins must at all times be located inside of the building enclosures as depicted on the Plans.
25. TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the building permit
for the Property, Developer shall submit to the Traffic Engineer and receive the Traffic Engineer’s approval of a Travel Demand Management (TDM) Plan. The Developer shall implement the TDM Plan at the site to help reduce traffic congestion.
Prior to issuance of the building permit for the Property, Developer shall furnish to the
Traffic Engineer and receive the Traffic Engineer’s approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to in this Section as the “Security”) equal to 100% of the cost of the approved TDM Plan. The Developer shall
initiate implementation of the TDM Plan, including active marketing to its employees and
all building tenants and their employees: a.) within 3 months after a certificate of occupancy has been issued if a single tenant, or
b.) within 1 month after the Property has achieved a 50% occupancy rate for the
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total rentable square footage of the Property.
In order to enable the City to determine when the Property has achieved the above occupancy rate, the Developer shall provide to the City within five (5) business days after request a Rent Roll certified by the Property manager identifying the current tenants, the
number of rentable square feet leased by each tenant; and the total number of rentable
square feet in the Property. The Security will be reduced to the Developer on a “draw-down” basis, in the following manner:
A. The City will consider reduction or release the Security at the following times: - Upon completion of items associated with plan start up - After 1 calendar year of TDM plan implementation - After 2 calendar years of TDM plan implementation and completion of the plan
evaluation
B. To request a reduction or release of the Security the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date.
C. The City shall have 30 business days to review requests for reduction or release of the Security and appprove or deny reduction or release of all or a portion of the Security.
If the Developer fails to implement the TDM plan in accordance with its terms, the City
may draw upon the Security in whole or in part to pay the cost of implementation. If the Security is in the form of a cash escrow and the City determines to release the cash escrow without a request from the Developer, the City will send the cash escrow to the then-current owner of the Property at the taxpayer address on file with Hennepin County.
26. WETLAND PLAN: Prior to issuance of the land alteration permit for any portion of the Property, Developer shall submit to the Water Resources Coordinator and receive the Water Resources Coordinator’s approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required
by City Code. The Plan shall include the following elements.
A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report (“Buffer Report”) and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements. If the Delineation or Buffer Reports identify any unacceptable
vegetation or other conditions, the wetland and/or wetland buffer strip shall be
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graded, treated, reseeded and/or replanted (thereon known as “Landscaping”, or
“Landscaped”) by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or
wetland buffer strip is required, the Developer shall submit a signed statement by a
qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition
of the wetland(s) and wetland buffer strip(s) and to determine if they are in
compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than December 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed and all conditions of the Wetland Plan have been met, at which point a final Annual Report
shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s)
and wetland buffer strip(s) in comparison with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report.
C. Intentionally omitted. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to
install all wetland buffer strip monuments for the property prior to release of the
first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12
pounds per foot is preferred) green steel channel post or other material pre-
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approved in writing by the City Manager. The post shall be a minimum of 2.25
inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign shall have a minimum size of 3 inch by 8 inch (3” x 8”). The sign shall be mounted flush with the top of the post and shall include the statement “Conservation Easement: No Mowing Allowed - Wetlands and buffers filter pollutants, reduce flooding and provide
habitat.” The signs shall also include the City and Watershed District logos and
website links. The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited unless they are being replaced.
E. Wetland Security: Developer shall furnish to the Water Resources Coordinator
and receive the Water Resources Coordinator’s approval of a Wetland Plan performance financial security which could be in the form of a bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to in this Section
26.E. as the “Security”) equal to 150% of the cost, as estimated by the City
Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation.
27. RELEASE OF SECURITY. Any financial security required to be given to the City by
Developer under this agreement shall be released as provided by City Code provisions applicable to such security or other applicable state or local law.
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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 ________________, 2020, 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
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Opus Development Company, L.L.C.
By ________________________________ Its ________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2020, by
_______________________________________, the , Opus Development Company, L.L.C., a Delaware limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
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EXHIBIT A
DEVELOPMENT AGREEMENT –GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT
Legal Description Before Final Plat That part of the Southwest Quarter of the Northeast Quarter (SW ¼ of NE ¼) lying southerly of Valley View Road and westerly of Golden Triangle Drive, and that part of the Northwest Quarter
of the Southeast Quarter (NW ¼ of SE ¼) lying west of Golden Triangle Drive and north of the
westerly extension of the south line of 74th Street West, all in Section 12, Township 116, Range 22, Hennepin County, Minnesota. Legal Description After Final Plat
Lot 1, Block 1, and Outlot A, Golden Triangle Industrial, Hennepin County, Minnesota
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EXHIBIT B
DEVELOPMENT AGREEMENT –GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT
Project Narrative by Opus Development Company, LLC
Preliminary Plat dated 3/16/2020 by Sambatek Tree Inventory dated 3/16/2020 by Sambatek Site Plan dated 3/16/2020 by Sambatek Alternative User Site Plan dated 3/16/2020 by Sambatek
Grading Plan dated 3/16/2020 by Sambatek
Alternative User Grading Plan dated 3/16/2020 by Sambatek Erosion Control Plan dated 3/16/2020 by Sambatek Alternative User Erosion Control Plan dated 3/16/2020 by Sambatek Utility Plan dated 3/16/2020 by Sambatek
Alternative User Utility Plan dated 3/16/2020 by Sambatek
Details dated 3/16/2020 by Sambatek Landscape Plan dated 3/16/2020 by Sambatek Landscape Notes-Details dated 3/16/2020 by Sambatek Alternative User Landscape Plan dated 3/16/2020 by Sambatek
Floor Plan dated 2/12/2020 by Opus Development Company, LLC
Exterior Elevations dated 2/12/2020 by Opus Development Company, LLC Photometric Plan dated 1/03/2020 by Pulse Travel Demand Management Plan dated 2/17/2020 by Swing Traffic Solutions
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EXHIBIT C
DEVELOPMENT AGREEMENT –GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing existing and proposed
contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property
deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose
the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property
and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer
represents and warrants as follows now and at the time of dedication or conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances, except for a drainage and utility easement in favor of the City as contained in the Quit Claim Deed dated February 1, 1994 and recorded February
16, 1994 as Document No. 6239052. Prior to final plat approval, Developer shall
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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. Except as may be set forth in that certain Phase I Environmental Site Assessment, prepared by Braun Intertec dated January 11, 1994 and that certain Phase II
Environmental Site Assessment, prepared by Braun Intertec dated January 11,
1994, 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.
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XI. Developer acknowledges that the 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
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demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post.
XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record
the Development Agreement at the County 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 (referred to in this Section XX 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 (beyond applicable notice and cure periods) 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
reasonable attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, its 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.
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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 final plat with Hennepin County Recorder’s Office.
XXIV. 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.
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EXHIBIT D
DEVELOPMENT AGREEMENT –GOLDEN TRIANGLE
INDUSTRIAL DEVELOPMENT
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 2020, between the
City of Eden Prairie, a municipal corporation, (the "City") and Opus Development Company, L.L.C., a Delaware limited liability company (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the
subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement").
C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS
IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $10,885.00 for the Improvements.
2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount
or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or
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arising out of the imposition or levying of the assessments.
5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by
both parties hereto, provided however upon the levying of the special assessments contemplated by
Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement.
7. This Agreement constitutes a lien on the Property in the amount of $10,885.00 until
such time as the assessments referred to above are levied.
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OWNER CITY OF EDEN PRAIRIE,
Opus Development, Company, L.L.C., a Minnesota Municipal Corporation a Delaware limited liability company
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Ronald A. Case Its Mayor
By: NOT TO BE SIGNED
Rick Getschow,
Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of __________, 2020, by Ronald A. Case, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2020, by the ______________ of Opus
Development Company, L.L.C., a Delaware limited liability company, on behalf of the company.
Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
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EXHIBIT E
DEVELOPMENT AGREEMENT –GOLDEN TRIANGLE
INDUSTRIAL DEVELOPMENT
SIDEWALK EASEMENT
Opus Development Company, LLC., a Delaware limited liability company (“Grantor”)
hereby grants and conveys this ____ day of _______, 2020, to City of Eden Prairie (“Grantee”)
an easement (“Easement”) for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under a portion of the real property in the County of Hennepin, State of Minnesota, described in Exhibit A attached and made a part hereof and depicted on Exhibit B attached hereto and made a part hereof (“Easement Area”).
1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement Area: A. To construct, maintain and replace a sidewalk;
B. For travel by the public, on foot, and in or on non-motorized vehicles, including but not limited to, bicycles, skis, strollers, and skates; C. For travel by the public in or on motorized vehicles authorized by Grantee;
and
D. To remove, cut and trim trees, shrubs and vegetation located within the Easement Area.
2. Nonexclusive. The Easement shall be nonexclusive, provided however, the
Easement shall be paramount and superior to any other easement except for utility easements existing as of the date of this Easement. Any other easement shall be subject and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee.
3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor’s heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Area,
holds the legal and equitable title thereto, free and clear of all mortgages, liens
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and encumbrances, except _____________________________________ the
holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s) and has lawful right and authority without restriction to grant and convey the Easement.
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IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE,
Opus Development, Company, L.L.C., a Minnesota Municipal Corporation
a Delaware limited liability company
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Ronald A. Case Its Mayor
By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of __________, 2020, by Ronald A. Case, the Mayor, and Rick Getschow, the City Manager, of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2020,
by the ______________ of Opus
Development Company, L.L.C., a Delaware limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road Eden Prairie, MN 55344
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Exhibit A
Legal Description of Easement Area
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Exhibit B
Depiction of Easement Area
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Approve Final Plat of Golden Triangle Industrial
ITEM NO.:
VIII.D.
Requested Action Move to: Adopt the resolution approving the final plat of Golden Triangle Industrial. This proposal is for a plat located at the southwest corner of Valley View Road and Golden
Triangle Drive. The plat consists of 10.25 acres to be platted into 1 lot and 1 outlot. The
proposed project will consist of a 130,130 square foot, single story industrial building. Background Information
The preliminary plat was approved by the City Council on March 17, 2020. Second reading of
the Rezoning Ordinance and final approval of the Developer’s Agreement will be approved by the City Council on April 21, 2020. Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $2,562.50
• Receipt of street lighting fee in the amount of $1,924.56
• Prior to the release of the final plat, Developer shall submit the executed warranty deed for review and approval for the conveyance of Outlot A to the City.
• Prior to the release of the final plat, Developer shall submit a Sidewalk Easement for review and approval by the City.
• Prior to the release of the final plat, an assessment agreement shall be signed by owner for trunk sewer and water assessments in the amount of $10,885.00.
• Provide areas (to the nearest square foot) of all lots, outlots and right-of-way.
• The requirements as set forth in the Developer’s Agreement.
Attachment Resolution Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- A RESOLUTION APPROVING FINAL PLAT OF GOLDEN TRIANGLE INDUSTRIAL WHEREAS, the plat of Golden Triangle Industrial has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Golden Triangle Industrial is approved upon compliance with the recommendation of the Final Plat Report on this plat dated April 21, 2020. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on April 21, 2020.
____________________________________
Ronald A. Case, Mayor
ATTEST: SEAL
______________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Approve Final Plat of ISD 272 CMS Addition
ITEM NO.:
VIII.E.
Requested Action Move to: Adopt the resolution approving the final plat of ISD 272 CMS Addition. This proposal is for a plat located at 8025 School Road. The plat consists of 57.4 acres to be
platted into 1 lot. The project includes approximately 82,000 square feet of additions to the
theater, gymnasium, cafeteria and classrooms. In addition, the project will include 50,000 square feet of remodeling including the expansion and reconstruction of the main entrance, changes to the bus drop off area and other site improvements.
Background Information The preliminary plat was approved by the City Council on January 21, 2020. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was approved by the City Council on March 17, 2020.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $14,350.00
• Receipt of street lighting fee in the amount of $1,871.10
• Prior to the release of the final plat, Developer shall execute a Special Assessment Agreement for Scenic Heights Road improvements and internal traffic circulation in an amount not to exceed $800,000.00.
• Prior to the release of the final plat, Developer shall have applied for and the City
Council shall have adopted a resolution vacating existing right-of-way and drainage and
utility easements.
• Provide areas (to the nearest square foot) of all lots, outlots and right-of-way.
• The requirements as set forth in the Developer’s Agreement.
Attachment Resolution Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- A RESOLUTION APPROVING FINAL PLAT OF ISD 272 CMS ADDITION WHEREAS, the plat of ISD 272 CMS Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for ISD 272 CMS Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated April 21, 2020. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on April 21, 2020.
____________________________________
Ronald A. Case, Mayor
ATTEST: SEAL
______________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Sue Kotchevar, Office of the City Manager/Finance
ITEM DESCRIPTION:
Approve 2019 Unbudgeted Fund Transfers
ITEM NO.:
VIII.F.
Requested Action
Move to: Approve 2019 unbudgeted fund transfers. Synopsis As part of the audit of the City’s financial statements, the year-end unbudgeted transfers are
summarized and reported to the City Council. The City Council acceptance of the transfers is a recommended practice by the City’s auditors. Most of the transfers are related to the transferring of assessment revenue and the various funds share of a project.
Attachment
Transfer Schedule
City of Eden Prairie
Transfer Schedule
12/31/19
Transfer Transfer
In Out Amount Explanation
Allocation of Costs
General Fund Senior Board 1,350 Transfer the Senior Board's share of various programs/projects
Project Fund Economic Development 1,005 Close Project Fund for Special Districts
Capital Maintenance and Improvement Fund 2008A Capital Equipment Notes 23,836 Close debt fund for Regional Radio System and 2 Fire Trucks to Capital Maintenance and Improvement Fund
Capital Maintenance and Improvement Fund 2009B G.O. Equipment Certificates 10,113 Close debt fund for Police and Fire Software Upgrade to Capital Maintenance and Improvement Fund
2016A GO Bonds-West 70th St.Flying Cloud Drive 238,417 Transfer excess assessments from Flying Cloud Drive to West 70th Extension project
G.O. Permanent Improvement Bonds 12C Shady Oak Road North 1,500,000 Transfer Shady Oak Road North Fund's share of assessments
Transportation Fund Shady Oak Road South 176,790 Close Shady Oak Road S to Transportation Fund
Requested Action Move to: Declare the 2020 Surplus Lists as “surplus property” and dispose through authorized methods.
Synopsis Once a year, City departments take an inventory of obsolete and un-used equipment and identify items for
disposal. These items are disposed of in accordance with City Code 2.86 Subdivision 3. “Disposal of Excess Property” Background Information
The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee.
The City of Eden Prairie utilizes several options to auction surplus property on the open market. The equipment on the attached list will be sold at public auction. The majority of the equipment will be auctioned using the Fahey Sales auctions in Glencoe MN. The City has used Fahey Sales auctions in the past and has been very satisfied with the sale proceeds received. Occasionally depending on the vehicle or equipment, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These
surplus property disposal methods are in compliance with the city’s Purchasing Policy and City code. The sale of used equipment helps fund the purchase of new equipment. Attachments
2020 Surplus Computer Equipment List 2020 Surplus Property List
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Paul Schlueter, Fleet Services;
Aditi Salunke, Information Technology
ITEM DESCRIPTION:
Declare Surplus Property
ITEM NO.:
VIII.G.
Asset Type Manufacturer Model
Laptop Dell Latitude D630
Printer HP LaserJet 2300n
Printer HP Officejet Pro 6230
Monitor Dell 1908FPc
Monitor Dell 1907FPt
Monitor Dell 1908FPt
Monitor Dell 1907FPt
Monitor Dell 1908FPb
Monitor Dell 1908FPt
Monitor Dell 1907FPt
Monitor Dell 1907FPt
Monitor Dell 1908FPt
Monitor Dell 1908FPt
Monitor Dell 1908FPt
Monitor Dell P190St
Monitor Dell 1905FP
Monitor Samsung 943BT
Monitor Samsung 943BT-2
Monitor Samsung 943N
Monitor Samsung 943BT-2
Monitor Samsung 943BT
Monitor Samsung 943BT-2
Monitor Samsung 943BT
Monitor Samsung 943BT-2
Monitor Samsung 943BT
Monitor Samsung 943BT-2
Monitor Samsung 943N
Monitor Samsung 943BT
Monitor Samsung 943BT-2
Monitor Samsung 943BT-2
Phone Mitel 5224 IP
Phone Mitel 5212 IP
Phone Mitel 5212 IP
Phone Mitel 5224 IP
Phone MItel 5212 IP
Hotspot Verizon MHS800L
iPad Apple A1432
iPad Apple A1432
iPad Apple A1397
Iphone Apple A1688
UPS APC Smart UPS 1500
UPS APC Back UPS XS 1500
UPS APC Back UPS Pro 1500
UPS APC Back UPS Pro 1500
Monitor Samsung 943BT
Monitor Samsung 943BT
Monitor Samsung 943BT-2
Monitor Samsung 943BT-2
Monitor Samsung 943BT-2
Monitor Samsung 943BT-2
Monitor Dell 1907FPt
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G2 SFF
PC HP EliteDesk 800 G1 SFF
Laptop HP ProBook 640 G1
Laptop HP ProBook 640 G1
Laptop HP ProBook 640 G1
Laptop HP ProBook 640 G1
Dock HP A7E32UT#ABA
Laptop HP Probook 6470b
Laptop DELL Latitude D620
Laptop Dell Latitude D600
Printer HP Laserjet 4000
Monitor Dell P190St
Monitor Dell P190St
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP EliteDesk 800 G1 SFF
PC HP HP Compaq Elite 8300 Convertible Microtower
Printer Brother Pocket Jet 6
iPad Apple iPad Air 2
Digital Recorder Olympus DS-3300
Digital Recorder Olympus DS-2400
Digital Recorder Olympus DS-2400
Camera Canon PC1225
Camera Canon PC1354
Camera Canon PC1309
Camera Canon PC1899
Printer Ricoh SP3510DN
Printer HP Laserjet 4300DN
Serial Number
6YWMMH1
CNBDF11805
TH59M5129Y
CN-0G438H-64180-8B3-3N8L
CN-0DC323-71618-6AB-AHJZ
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CN-0RNMH6-74445-05S-CGCS
CN-0RNMH6-74445-05N-B78L
2UA5432NKN
2UA5432NKP
2UA6070Y7J
2UA43609QD
2UA5111M8J
MXL2520DRT
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2020 Surplus Property List
April 21, 2020 (Page-1) Equipment & Miscellaneous Property:
Item # Quantity Description
1 1 1997 Radar Speed Trailer (SE# 1K98S0819VK118650)
2 1 Gruman aluminum canoe (damaged)
3 1 Fiberglass kayak
4 1 Pelican plastic paddle boat
5 1 Aluminum truck toolbox
6 1 Assortment of old Maglite flashlights
7 1 Chainsaw service tool kit
8 1 Angle drill & shot circuit tester
9 2 Used safety harnesses
10 3 Ramsey 8000# winches
11 2 Used hydraulic motors
12 1 Snowplow pump motor
13 1 Box old flammable gas detectors
14 1 Minuteman push behind sweeper
15 1 Homemade service table on wheels
16 15 Used Ergotron computer lift stations
17 1 55 gallon drum of Mobil Pegasus 485 lubricating oil
18 1 Pallet of assorted obsolete work notification signs
19 1 Stihl gas powered rock/gravel sweeper
20 1 Bin of old assorted hand tools, axes and shovels
21 2 Echo leaf blowers
22 2 Stihl leaf blowers
23 3 Echo weed whips
24 1 Stihl chainsaw & case
25 2 Boxes of tractor suitcase weights
2020 Surplus Property List
April 21, 2020 (Page-2)
Equipment & Miscellaneous Property:
Item # Quantity Description
26 3 Waterproof pool lights
27 1 Box of old wood cutting chaps
28 215 Old banquet chairs
29 2 Blueprint cabinets
30 6 Box/Box file cabinets
31 3 Lateral file cabinets
32 2 File/File file cabinets
33 1 Standup cabinet
34 1 Overhead cabinet
35
36
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION: Hennepin Youth Sports Grant Proposal – Play Structures
ITEM NO.:
VIII.H.
Requested Action Move to: Adopt the resolution authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for play structures. Synopsis Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made through the
Hennepin Youth Sports Program. In order to apply for the grant it must be submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. Staff would complete the application and oversee the construction if the award is successful. The estimated
cost of the project is $175,000.00. Background The purpose of these grants is to allow municipalities, park districts and school districts to create,
expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable
distribution throughout the county, leveraging non‐Hennepin County funds and in‐kind
contributions, sustainability, including ongoing operating funds and inclusion of environmental
improvements. If awarded, these grant funds will be used to replace and expand the play equipment at Riley Lake Park. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-
RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF AGREEMENT TO DEVELOP SPORT OR RECREATION FACILITIES UNDER THE PROVISIONS OF THE HENNEPIN YOUTH SPORTS PROGRAM FOR PLAY STRUCTURES WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Sports Program, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities; and
WHEREAS, the City of Eden Prairie (local government unit, hereinafter LGU) desires to develop and
build a Dryland Training Space, hereinafter PROJECT.
NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council of the City of Eden Prairie.
I. The estimate of the total cost of developing PROJECT shall be $175,000.00. The LGU is requesting $25,000.00 from the Hennepin Youth Sports Program and will assume responsibility for a
matching funds requirement of $150,000.00.
II. The City of Eden Prairie agrees to own and assume one hundred (100) percent of operational and maintenance costs for PROJECT. The City of Eden Prairie will operate PROJECT for its intended purpose for the functional life of the facility, which is estimated to be 20 years.
III. The City of Eden Prairie agrees to enter into necessary and required agreements with
Hennepin County for the specific purpose of developing PROJECT and managing its long-term
operation.
IV. That the Park and Recreation Director are authorized and directed to execute the application for the Hennepin Youth Sports Program grants.
CERTIFICATION
I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to
and adopted by the Eden Prairie City Council at a duly authorized meeting thereof held on the 21st day of April, 2020, as shown by the minutes of said meeting in my possession.
ADOPTED by the Eden Prairie City Council on this 21st day of April, 2020.
___________________________ Ronald A. Case, Mayor ATTEST:___________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT / DIVISION:
Scott Gerber/Ward Parker
Fire Department
ITEM DESCRIPTION:
Resolution Ratifying Agreement for City Use of Camp Eden Wood
ITEM NO.:
VIII.I.
Requested Action Move to: Adopt Resolution Ratifying Agreement for City Use of Camp Eden Wood
Synopsis The Mayor and City Manager have executed an agreement with True Friends permitting the City to use
Camp Eden Wood to house City police and fire personnel who must be quarantined because they have been exposed to coronavirus or have contracted COVID-19. The agreement was executed without prior Council approval under the authority provided by Resolution No. 2020-47, which extended the Mayor’s emergency declaration related to the coronavirus/COVID-19 pandemic. This action will approve and ratify the prior execution of the agreement.
Background The City leases property on Birch Island Lake to True Friends, which operates Camp Eden Wood on the property. Normal programming and services at Camp Eden Wood are currently suspended due to the
coronavirus pandemic. True Friends has agreed to allow the City to use Camp Eden Wood to house City personnel who may require quarantine because of exposure to coronavirus or who have contracted COVID-19. The agreement permits such use until True Friends can resume normal programming and the City determines that it no longer has any actual or potential need for the facilities.
Attachments
1. Resolution Ratifying Agreement for City Use of Camp Eden Wood 2. Agreement for City Use of Camp Eden Wood
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- A RESOLUTION RATIFYING AGREEMENT FOR CITY USE OF CAMP EDEN WOOD
WHEREAS, on March 16, 2020, the Mayor declared a local emergency related to the coronavirus/COVID-19 pandemic; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020-47 extending the
period of the local emergency until further action by the City Council; and WHEREAS, Resolution No. 2020-47 authorizes the Mayor and City Manager to execute any necessary agreements, contracts, and related documents regarding the local emergency necessary
to implement corrective action relative to the local emergency to protect the health, safety, and
welfare of the City and the community; and WHEREAS, pursuant to the authority granted in Resolution No. 2020-47, the Mayor and City Manager have executed an Agreement for City Use of Camp Eden Wood, relative to the local
emergency.
NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council that execution of the Agreement for City Use of Camp Edenwood, dated April 9, 2020, is hereby approved and ratified.
ADOPTED by the Eden Prairie City Council on April 21, 2020.
____________________________________
Ronald A. Case, Mayor ATTEST:
______________________________ Kathleen Porta, City Clerk
AGREEMENT FOR CITY USE OF CAMP EDEN WOOD
This Agreement For City Use of Camp Eden Wood ("Agreement") is dated this 9th day of April , 2020, by and between the City of Eden Prairie, a Minnesota municipal corporation ("City") and True Friends, a Minnesota non-profit corporation ("True Friends").
WHEREAS, the City and True Friends are parties to that certain Lease Between the City of Eden Prairie and True Friends dated September 16, 2014 ("Lease");
WHEREAS, pursuant to the Lease, True Friends leases property owned by the City on the north shore of Birch Island Lake, located at 6350 Indian Chief Road, Eden Prairie, MN 55346, for the operation of Camp Eden Wood (the "Premises");
WHEREAS, the City wishes to use the Premises to house City police and fire personnel who must be quarantined because they have been exposed to novel coronavirus or have contracted COVID-19;
WHEREAS, True Friends has determined to suspend all programs and services at the Premises due to the coronavirus pandemic until the camp can be safely reopened; and
WHEREAS, True Friends wishes to permit the City to use the Premises subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and True Friends agree as follows:
1.Recitals. The above recitals are incorporated herein.
2.City Use of Premises. Beginning on the date this Agreement is executed by both parties,the City shall be entitled to use the buildings and facilities on the Premises for the purposeof housing City staff who require quarantine because they may have been exposed to thenovel coronavirus or contracted COVID-19. Except as may be permitted under Paragraphs5.b and 11 of this Agreement, such use by the City shall be exclusive during any time thatCity staff are housed at the Premises.
3.Operating Expenses. True Friends will continue to pay all invoiced operating expenses forthe Premises as required by the Lease, including utilities, while the City uses the Premises.Upon receiving a summary of operating expenses paid by True Friends, the City agrees toreimburse True Friends for those expenses within fifteen (15) days after receipt of suchsummary.
4.Notice. To exercise its right to use the Premises under this Agreement, the City shallprovide written notice to True Friends that includes the date that the City intends tocommence such use. The City shall give such written notice as soon before thecommencement of use as is practicable under the circumstances. If written notice is not
practicable under the circumstances, notice shall be provided by telephone and confirmed in writing as soon as possible.
5.Duration.
a.The City's right to use the Premises under this Agreement shall continue until (i)True Friends is able to resume normal programming and services at the Premisesas permitted by the Lease, and (ii) the City determines that City use as permitted bythis Agreement is no longer needed or anticipated to be needed in light of the statusof the coronavirus pandemic and the City's response thereto.
b.If True Friends is able to resume normal programming and services at the Premisesas permitted by the Lease but the City has not yet determined that its use of thePremises is no longer needed or anticipated to be needed, True Friends may use allor a portion of the Premises so long as (i) such use is consented to by the City inwriting, which consent will not be umeasonably withheld; and (ii) the partiesmutually agree that such use will not negatively impact the health or safety of thepublic or of any person who may use the Premises. If the City consents to such use,the City shall prepare the Premises or pmtion thereof for True Friends' use withinthirty (30) days of the City's written consent.
c.The parties shall confer at least every thirty (30) days, or within three (3) businessdays after a written request from the other party, to evaluate the status of thecoronavirus pandemic, its impact on True Friends' ability to conduct programmingand services at the Premises, and the City's actual use of or potential for use of thePremises under this Agreement. The parties shall cooperate to determine the dateon which the City's rights to use the Premises will terminate.
d.Notwithstanding anything herein to the contrary, in the event that True Friends isable to resume normal programming and services at the Premises as permitted bythe Lease but cannot do so because the City is still using the Premises as permittedby this Agreement, then the City agrees to compensate True Friends for theresulting loss of revenue to True Friends. For purposes of this Agreement, the Cityagrees to pay True Friends a fee for each day that True Friends cannot resumenormal programming and services on the Premises because of the City's ongoinguse. The City agrees to provide this payment to True Friends within fifteen (15)days after receiving a summary of daily fees. The City agrees to pay daily fees asfollows:
i.$700.00 per calendar day from June 1 through August 31.
11.$200.00 per calendar day from September 1 through May 31.
2
6.City Undertakings. Beginning on the date the City first houses personnel on the Premisesunder this Agreement, the City expressly agrees as follows:
a.The City assumes all risk and liability, and shall indemnify, defend, and holdharmless True Friends, for any damage, claims, losses, costs, or expenses, includingreasonable attorney fees, arising from or relating to the City's use of the Premisespursuant to this Agreement, unless arising from the negligence or intentionalmisconduct of True Friends.
b.Upon executing this Agreement, the City agrees to provide True Friends with aCertificate of Insurance listing True Friends as an additional insured under theCity's policy. Such policy shall show proof of current liability insurance with limitsnot less than $2,000,000 per occurrence/ $5,000,000 aggregate bodily injury andproperty damage. The additional insured status shall be on a primary and noncontributory basis, and the City shall hold True Friends, its agents, successors,directors, employees and/or assigns harmless and waive subrogation for any and allbodily injury or property damage to the extent such bodily injury or propertydamage is covered by the City's liability coverage. The City hereby acknowledgesthat the coverage limits contained in any policy shall in no way limit the liabilitiesor obligations of the City under this Agreement, including the City'sindemnification obligation. The City does not waive any immunities or limits onliability to which the City is entitled to under Minnesota Statutes, Chapter 466.
c.The City shall be responsible for the cleaning and basic maintenance of the facilitieswhile the City is using the Premises.
d.The provisions of this paragraph 6 shall supersede any inconsistent terms of theLease during the period of City use of the Premises.
7.Return of Premises. No later than thirty (30) days after the City's use of the Premises underthis Agreement is concluded, the City shall return the Premises to True Friends in the sameor substantially similar condition as existed prior to the City's use, including cleaning anddisinfection of all buildings and facilities.
8.Insurance. During any period of City use, True Friends shall continue to maintain allinsurance coverage for the Premises as required by the Lease.
9.Dispute Resolution. Each dispute, claim or controversy arising from or related to thisAgreement shall be subject to mediation as a condition precedent to initiating legal orequitable actions by either party. Cost of mediation shall be shared equally between theparties. Mediation shall be held in the City of Eden Prairie unless another location ismutually agreed upon by the parties. The parties shall memorialize any agreement resultingfrom the mediation in a mediated settlement agreement, which agreement shall beenforceable as a settlement in any court having jurisdiction thereof.
3
10.Notice. The parties' contact persons for the giving of notice or other communicationsrequired by or related to this Agreement are as follows:
For the City:
For True Friends:
Ward Parker, Operations Chief Eden Prairie Fire Department 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8338\\'. g,a11R'\t11(fiHtd�n 1wai i1i tl � l'} 11u,1_
John LeBlanc, President 10509 108th Street NW Annandale, MN 55302 Email: JbllnlYriit11mll1iiendbinw
11.Other Use. In the event that any other state or local governmental agency requests to usethe Premises in connection with response to the coronavirus pandemic, the parties agree asfollows: (1) True Friends shall not permit such use without the prior written consent of theCity; and (2) the City's right to use the Premises under this Agreement will be primary tothe use requested by any other agency; provided, however, that if permitted by the Citysuch other agency may use the Premises jointly with the City.
12.Amendments. This Agreement shall not be amended or modified except in a writing signedby both parties.
13.Effective Date. In the event that the City requires possession of the Premises prior to thedate this Agreement is fully executed, the parties agree this Agreement shall retroactivelybe made effective as of the date of the City's possession. The City agrees to comply withall terms of this Agreement, including its insurance and indemnification obligations, uponthe earlier of (a) taking possession of the Premises or (b) the date listed above.
14.Except as otherwise provided in this Agreement, the City's use of the Premises under thisAgreement shall have no impact on the terms of the Lease and the Lease shall remain infull force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement for City Use of Camp Eden Wood as of the date listed above.
[Signature page to follow]
4
CITY OF EDEN PRAIRIE
Ronald A. Case Mayor
Date: Lj •\ · · ),:)
I \t·u�. t··· I "
(\ I •, \ ' .
. }\ Rick Getschow City Manager
Date: l \ .J\ ·· ·· '2. ()
5
TRUE FRIENDS
By:
Its: __________ _
Date: ----------
6
John LeBlanc
President & CEO
4/9/2020
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #16-5940
Approve Change Orders 3, 4 & 5 for the Preserve Boulevard Reconstruction Project
ITEM NO.:
VIII.J.
Requested Action Move to: Approve Change Orders 3, 4 & 5 for the Preserve Boulevard Reconstruction project.
Synopsis Change Order 3 consists of added scope to the project for the removal of muck and storm sewer pipe repairs at the outlet of Eden Lake. Change Order 4 consists of several field work orders accumulated over the duration of the project. Change Order 5 consists of an extension of time for
the contractor to complete the project. Staff recommends approval of the changes.
Background Information Construction on the project began in April 2019 and the project is approximately 95%
completed. With unanticipated winter weather occurring in the fall of 2019 and utility conflicts
adding additional time to the schedule, the contractor has prepared a schedule of completion for June of 2020. More detail and background is included with the attached change order forms.
Financial Implications Change order 3 will be funded using Storm Sewer Utility funds. Funding sources for Change Order 4 include Municipal State Aid, City Capital Utility and Pavement Management Funds. The
original contract bid amount was $6,649,663.75 and has been increased by 3% to $6,848,457.57
due to the accumulated change orders. Attachments Change Order No. 3
Change Order No. 4 Change Order No. 5
Carter SchulzeCarter Schulze3/24/20952-949-8339
Carter Schulze3/24/20952-221-8636Carter Schulze
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: I.C. 20809
Award Contract to Allied Blacktop Company for the 2020 Sealcoating Project
ITEM NO.:
VIII.K.
Requested Action Move to: Award the Contract for 2020 Sealcoating Project to Allied Blacktop Company in the amount of $620,150.00.
Synopsis Bids were received on Thursday, March 19, 2020 for the 2020 Sealcoating project. Three bids were received and are tabulated as follows:
Pearson Brothers, Inc. $651,400.00
Allied Blacktop Company $620,150.00 ASTECH Corporation $701,975.00 Background Information Street sealcoating is an annual street maintenance project. The unit prices for the chip sealcoat this year are lower than 2019 unit prices while the fog seal unit prices are higher than 2019 prices. The 2020 Operating and Maintenance budget for sealcoating is $215,000. The balance between the actual project costs and the budgeted amount will be taken from the CIP pavement
management fund.
Attachment Contract
CONSTRUCTION SHORT FORM CONTRACT THIS AGREEMENT, made and executed this _____ day of __________ 2020, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Allied Blacktop Company, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 20808- 2020 Street Sealcoat Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $620,150.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor
__________________________________ By_______________________________
Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________
Its __________________________
__________________________________ _______________________________
Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Mary Krause
Public Works/Engineering
ITEM DESCRIPTION: I.C. 20807
Award Contract for 2020 Concrete Supply to Cemstone Products Company
ITEM NO.:
VIII.L.
Requested Action Move to: Award the Contract for the 2020 supply of concrete to Cemstone Products Company at the unit prices as indicated in the quote summary. Synopsis Quotes were received on March 27, 2020 for the 2020 supply of concrete required to perform annual street maintenance projects including curb repair and replacement. Three quotes were received. The quote summary is: Cemstone Products Company $70,550.00
AVR, Inc. $71,375.00 Rivers Edge Concrete $73,050.00 Background Information
The low quote for the different concrete mixes is from Cemstone Products Company. The concrete is purchased on a per cubic yard basis based on the quantity required to perform maintenance needs. Attachment Contract
Contract for Goods and Services This Contract (“Contract”) is made on the _____day of______________, 20____, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Cemstone Products Company, a Minnesota Corporation
(hereinafter "Vendor") whose business address is 2025 Centre Point Blvd., Suite 300, Mendota
Heights, MN 55120-1271. .
Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for 2020 Supply of Concrete hereinafter referred to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by November 13, 2020.
3. Compensation for Services. City agrees to pay the Vendor $135/C.Y. of 3F52 Mix,
$135/C.Y. of 3F52F Mix and $145/C.Y. of 3HE52 Grade F Mix, with total payments not to exceed $70,550.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota.
6. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City.
Standard Purchasing Contract 2017 06 01 Page 2 of 5
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity.
9. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination.
10. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City.
Standard Purchasing Contract 2017 06 01 Page 3 of 5
GENERAL TERMS AND CONDITIONS
13. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
14. Compliance with Laws and Regulations. In providing services hereunder, the Vendor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
15. 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.
16. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original. 17. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
18. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
19. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
20. 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.
21. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
Standard Purchasing Contract 2017 06 01 Page 4 of 5
22. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
23. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 24. 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. 25. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City.
26. 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.
27. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
Standard Purchasing Contract 2017 06 01 Page 5 of 5
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Vendor in performing any of the
functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language.
28. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________ City Manager
VENDOR
By: ________________________________ Its: _______________________________
QUOTE FORM
I.C. 20807
2020 CONCRETE SUPPLY
The undersigned understands that each item may be awarded separately and that if the bid price is
accepted, he is to furnish the materials as specified previously and at the unit bid price until November 13, 2020. All bid prices shall be inclusive of all fuel surcharges, environmental fees and applicable sales tax.
Est. Qty. Unit Price
1 MN/DOT 2461Concrete Mix 3F52 300 Cubic Yards $
2 MN/DOT 2461 Concrete Mix 3F52F (with flyash) 175 Cubic Yards $
3 MN/DOT Ready Mixed Concrete 3HE52 Grade F 50 Cubic Yards $
Concrete Short Load Charge (less than 3 cubic yards) $ ________/Load
_____________________________________________________ FIRM
_______________________________________________________ AUTHORIZED SIGNATURE
_______________________________________________________ TYPED NAME AND TITLE
_______________________________________________________ ADDRESS
_______________________________________________________
_______________________________________________________
_______________________________________________________ TELEPHONE
_______________________________________________________ STATE OF INCORPORATION
134.00
132.00
144.50
115.00
Cemstone Products Company
Paul Trocke
Paul Trocke - Account Representative
Mendota Heights, MN
612-248-0976
Minnesota
EXHIBIT A
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: I.C. 20809
Award Contract for the 2020 Pavement Management Project to Bituminous Roadways, Inc.
ITEM NO.:
VIII.M.
Requested Action Move to: Award the Contract for 2020 Pavement Management Project to Bituminous Roadways, Inc. in the amount of $2,522,525.00.
Synopsis Sealed bids were received on Thursday, April 9, 2020 for the 2020 Pavement Management Project. Seven (7) bids were received and are summarized below. The low bid in the amount of $2,522,525.00 was submitted by Bituminous Roadways, Inc. Staff has reviewed the bids and
recommends awarding the contract for the project to Bituminous Roadways, Inc. in the amount
of $2,522,525.00 Bid Summary:
Bituminous Roadways, Inc. $2,522,525.00
Valley Paving, Inc. $2,692,350.00 GMH Asphalt Corp. $2,751,845.00 Park Construction Co. $2,795,150.00 Asphalt Surface Technologies Corp. $2,807,887.00
Northwest Asphalt, Inc. $2,819,429.00
S.M. Hentges & Sons, Inc. $2,966,700.00 Background Information The Bituminous Pavement Management Project is an annual street maintenance project. The
2020 Operating and Maintenance budget for milling and overlay is $152,000 with the majority of funding being generated from the Pavement Management CIP. The Pavement Management CIP is funded through franchise fees collected from Centerpoint Energy, Xcel Energy and Minnesota Valley Electric collecting monies annually for pavement maintenance. In addition to the overlay
project, the pavement maintenance CIP fund also finances seal coating and other pavement
improvement projects. Attachment
Contract
CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this _____ day of __________ 20__, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Bituminous Roadways, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 20809- 2020 Bituminous Pavement Management Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $2,522,525.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor
__________________________________ By_______________________________
Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________
Its __________________________
__________________________________ _______________________________
Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #16-5943
Approve Professional Services Agreement with SRF Consulting Group, Inc. for Construction Administration Services for the TC&W Railroad
Crossing Safety Improvements
ITEM NO.:
VIII.N.
Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for
Construction Administration Services for TC&W Railroad Crossing Safety
Improvements in the amount of $80,831.00. Synopsis
This Professional Services Agreement will provide construction administration (including
construction observation, surveying, and required documentation) services for the improvement project. The project includes 3 railroad crossings; W 62nd Street, Birch Island Road and Valley View Road. The award of the construction contract occurred on March 17, 2020. The schedule anticipates the work taking approximately 2 months at each site and the sites will be worked on
concurrently.
Background Information This project provides for the construction of at-grade railroad crossing safety improvements to
further the implementation of the Railroad Quiet Zone through Eden Prairie. The improvements
at the three railroad crossing locations include raised concrete medians, striping, roadway resurfacing, signage and new utilities. Financial Implications
The Professional Services Agreement with SRF Consulting Group has an estimated cost of $80,831.00. The low bid construction cost estimate for this project is $562,009.60. During the 2017 Legislative session, a bill was passed to provide $1,400,000 in state funding for rail grade crossing improvements. This project along with the previously constructed new crossing signals
will utilize the grant as well as the Transportation and Public Utility Funds.
Attachment Professional Services Agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #16-5943
Approve Local Road Improvement Grant Agreement 1034947 with MnDOT for the TC&W Roadway Safety Improvements
ITEM NO.:
VIII.O.
Requested Action Move to: Adopt resolution approving Local Road Improvement Program Grant Agreement 1034947 with MnDOT for the TC&W Roadway Safety Improvements. Synopsis This Agreement provides for the disbursement of grant proceeds for the construction of at-grade railroad crossing safety improvements to further the implementation of the Railroad Quiet Zone through Eden Prairie.
Background In 2016, a Railroad Quiet Zone Assessment for Eden Prairie was completed. The assessment identified options to improve safety of at-grade rail crossings and to minimize the impacts of train horn noise throughout the community. The assessment included the following crossings:
• West 62nd Street
• Birch Island Road
• Valley View Road
• Recently made official crossing east of Valley View Road connecting Duck Lake Road and the Eden Prairie High School. During the 2017 Legislative session, a bill was passed to provide $1,400,000 in state funding for rail grade crossing improvements, which will enable the establishment of a railroad quiet zone
through Eden Prairie. This is the final agreement with MnDOT to provide for roadway construction improvements. Attachments Road Construction Grant Agreement 1034947 Resolution
MnDOT Agreement No. 1034947(Road Construction)
SAP 181-594-004
LOCAL ROAD IMPROVEMENT PROGRAM (LRIP)
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to Minn. Laws 2017, 1 st Special Session, Chapter 8- H.F. 5. The provisions in that section and the
Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons signing below agree to fully comply with all of the requirements of this Agreement. This Agreement will be effective on the date State obtains all required signatures under Minnesota Statutes §16C.05, subdivision 2.
1. Public Entity (Grantee) name, address and contact person: Director of Public Works City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344 Contact: Robert Ellis 2. Project(s):
Name of Project &
Project Number (See Exhibit C for location)
Amount of LRIP Funds
Amount of Required Matching Funds Completion Date
2017 Rail Quiet
Zone Project
(Roadway Construction) – Acct 305
SAP 181-594-004
$504,306.13 57,703.47 September 2021
3. Total Amount of LRIP Grant for all projects under this Agreement: $504,306.13
4. The following Exhibits for each project are attached and incorporated by reference as part of this Agreement: Exhibit A Completed Sources and Uses of Funds Schedule
Exhibit B Project Completion Schedule
Exhibit C Bond Financed Property Certification Exhibit D Grant Application Exhibit E Grantee Resolution Approving Grant Agreement Exhibit F General Terms and Conditions
MnDOT Agreement No. 1034947(Road Construction)
SAP 181-594-004
2
5. Additional requirements, if any:
6. Any modification of this Agreement must be in writing and signed by both parties.
(The remaining portion of this page was intentionally left blank.)
MnDOT Agreement No. 1034947(Road Construction)
SAP 181-594-004
City of Eden Prairie (GRANTEE)
By:
Title: Mayor
Date:______________________________
By:
Title: City Manager Date:______________________________
DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance
By: Title: State Aid Programs Engineer
Date: Office of Financial Management, Grant Unit By:___________________________________
Agency Grant Supervisor Date:_________________________________
OFFICE OF CONTRACT MANAGEMENT
By: _________________________________
Contract Administrator Date:_________________________________
MnDOT Agreement No. 1034947(Road Construction)
SAP 181-594-004
3
EXHIBIT A SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS USES OF FUNDS
Entity Supplying Funds Amount Expenses Amount
State Funds: Items Paid for with LRIP
LRIP Grant $504,306.13_ Construction $504,306.13 ________________
Other: ________________ $___________
________________ $___________ ________________ $___________
________________ $___________ ________________ $___________
________________ $___________ ________________ $___________
Subtotal $ 504,306.13 Subtotal $ 504,306.13
Public Entity Funds: Items paid for with Non-
Matching Funds $ 57,703.47 LRIP Grant Funds: Storm Sewer & Street $57,703.47
Other: Improvements $___________
________________ $___________ $___________
________________ $___________ ________________ $___________
________________ $___________
Subtotal $ 57,703.47 Subtotal $ 57,703.47
TOTAL FUNDS $ 562,009.60 = TOTAL PROJECT COSTS
$ 562,009.60
MnDOT Agreement No. 1034947(Road Construction)
SAP 181-594-004
4
EXHIBIT B
PROJECT COMPLETION SCHEDULE
September 2021
MnDOT Agreement No. 1034947(Road Construction)
SAP 181-594-004
5
EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION
State of Minnesota General Obligation Bond Financed Property The undersigned states that it has a fee simple, leasehold and/or easement interest in the real property located in the County(ies) of Hennepin, State of Minnesota that is generally described or illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the “Restricted Property”) and acknowledges that the Restricted Property is or may become State
bond-financed property. To the extent that the Restricted Property is or becomes State bond-
financed property, the undersigned acknowledges that: A. The Restricted Property is State bond-financed property under Minn. Stat. Sec. 16A.695, is subject to the requirements imposed by that statute, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of
the Commissioner of Minnesota Management and Budget; and B. The Restricted Property is subject to the provisions of the Local Road Improvement Program Grant Agreement between the Minnesota Department of
Transportation and the undersigned dated ________________, 20___; and
C. The Restricted Property shall continue to be deemed State bond-financed property for 37.5 years or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget.
Date: __________________, 20____ City of Eden Prairie, a political subdivision of the State of Minnesota
By: ________________________________ Name: Ronald A. Case Title: Mayor
By: ________________________________ Name: Rick Getschow Title: City Manager
MnDOT Agreement No. 1034947(Road Construction)
SAP 181-594-004
Attachment 1 to Exhibit C GENERAL DESCRIPTION OF RESTRICTED PROPERTY
The facility consists of highway-rail grade crossing signals with gates and related equipment that will be constructed on property owned by the Twin Cities & Western Railroad Company
The facility will be located at four (4) separate locations in the City of Eden Prairie Minnesota. The facility includes four new railroad signals with gates and related equipment at the following
crossings:
• Valley View Road (DOT # 393279U, RR MP 437.52)
• Eden Prairie Path Crossing (DOT # 972695V, RR MP 437.2)
• Birch Island Road (DOT # 393276Y, RR MP 435.90)
• West 62nd Street (DOT # 393274K, RR MP 435.21 )
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Valley View Road (DOT # 393279U, RR MP 437.52)
Eden Prairie Path Crossing (DOT # 972695V, RR MP 437.2)
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Birch Island Road (DOT # 393276Y, RR MP 435.90)
West 62nd Street (DOT # 393274K, RR MP 435.21)
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EXHIBIT D
GRANT APPLICATION
Attach the grant application for the project
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EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
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EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR
LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS Article I DEFINITIONS Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined) unless the context specifically indicates otherwise:
“Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means the Local Road Improvement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
“Certification” - means the certification, in the form attached as Exhibit C, in which the Public Entity
acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. “Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner” - means the Commissioner of Minnesota Management & Budget.
“Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July 30, 2012, as it may be amended or supplemented.
“Completion Date” - means the projected date for completion of the Project as indicated in the Agreement.
“Construction Contract Documents” - means the document or documents, in form and substance acceptable to MnDOT, including but not limited to any construction plans and specifications and any
exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor(s) for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price.
“Construction Items” - means the work to be performed under the Construction Contract Documents. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor.
“Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to MnDOT when an Advance is requested, as referred to in Section 4.02.
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“G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article
XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and any bonds issued to refund or replace such bonds.
“Grant Application” - means the grant application that the Public Entity submitted to MnDOT which is attached as Exhibit D.
“LRIP Grant” - means a grant from MnDOT to the Public Entity under the LRIP in the amount specified in the Agreement, as such amount may be modified under the provisions hereof. “LRIP” - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules relating thereto. “MnDOT” - means the Minnesota Department of Transportation.
“Outstanding Balance of the LRIP Grant” - means the portion of the LRIP Grant that has been disbursed to the Public Entity minus any amounts returned to the Commissioner.
“Project” - means the Project identified in the Agreement to be totally or partially funded with a LRIP grant.
“Public Entity” - means the grantee of the LRIP Grant and identified as the Public Entity in the Agreement.
“Real Property” - means the real property identified in the Agreement on which the Project is located. Article II
GRANT Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and disburse the proceeds in accordance with the terms and conditions herein. Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more
of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter term as authorized by statute, and which cannot be modified or terminated early without the prior written
consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LRIP Grant solely to reimburse itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable activities: (i) preliminary, final construction and engineering and administration (ii) constructing or
reconstructing city streets, county highways, or town roads with statewide or regional significance that have not been fully funded through other state, federal, or local funding sources; or (iii) capital improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage. The Public Entity shall not use the LRIP Grant for any other purpose, including but not limited to, any work to be done on a state trunk highway or within a trunk highway easement.
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Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity
in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city street and for other uses customarily associated therewith, such as trails and utility corridors, and for no other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to
use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually determine that the Real Property is being used for the purposes specified in this Section and, upon written request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect.
Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow another entity to use or operate the Real Property without the written consent of both MnDOT and the Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real Property, or any lease or contract that would allow another entity to use or operate the Real Property, must comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order regarding such sale or lease.
Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and warrants to MnDOT that:
A. It has legal authority to execute, deliver and perform the Agreement and all documents referred to therein, and it has taken all actions necessary to its execution and delivery of such documents.
B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified in Section 2.04, and will include in its annual budget all funds necessary for the operation of
the Real Property for such purposes. C. The Agreement and all other documents referred to therein are the legal, valid and binding
obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. D. It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes described in this Agreement. E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating
to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct. F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no actions or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction,
decree, or demand of any court or any governmental authority which would impair its ability to enter into the Agreement or any document referred to herein, or to perform any of the acts required of it in such documents.
G. Neither the execution and delivery of the Agreement or any document referred to herein nor compliance with any of the provisions or requirements of any of such documents is prevented by, is a breach of, or will result in a breach of, any provision of any agreement or document to which it is now a party or by which it is bound.
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H. The contemplated use of the Real Property will not violate any applicable zoning or use statute,
ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto.
I. The Project will be completed and the Real Property will be operated in full compliance with all applicable laws, rules, ordinances, and regulations of any federal, state, or local political subdivision having jurisdiction over the Project and the Real Property.
J. All applicable licenses, permits and bonds required for the performance and completion of the Project and for the operation of the Real Property as specified in Section 2.04 have been, or will be, obtained. K. It reasonably expects to possess its ownership interest in the Real Property described in Section 2.02 for at least 37.5 years, and it does not expect to sell such ownership interest.
L. It does not expect to lease out or enter into any contract that would allow another entity to use or operate the Real Property.
M. It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully pay for the Project.
N. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date and all such items will be situated entirely on the Real Property.
O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents.
P. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either MnDOT or the Commissioner. Q. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant is and will be true and correct.
Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the
Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure to cure such event during such 30-day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within
30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default; however, in no event shall the time period to cure any Event of Default exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner.
A. If any representation, covenant, or warranty made by the Public Entity herein or in any other document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made.
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B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained
herein. C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained
in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all rules related thereto.
D. If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in Section 2.03, the Grant Application, and in accordance with the LRIP. E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04. F. If the Public Entity fails to complete the Project by the Completion Date. G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property
without first obtaining the written consent of both MnDOT and the Commissioner. H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project.
I. If the Public Entity fails to supply the funds needed to operate the Real Property in the manner specified in Section 2.04.
Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon
either MnDOT or the Commissioner giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until
such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce any or all of the following remedies. A. MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may make such disbursements after the occurrence of an Event of Default without waiving its rights and remedies hereunder. B. If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in
violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a third party beneficiary of the Agreement, may require that the Public Entity pay the amounts that would have been paid if there had been compliance with such provisions. For other Events
of Default, the Commissioner may require that the Outstanding Balance of the LRIP Grant be returned to it.
C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may enforce any additional remedies it may have in law or equity.
The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that MnDOT or the Commissioner would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor
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of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against
any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the
Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and the action which the Public Entity proposes to take with respect thereto.
Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be terminated under the circumstances set forth in Section 2.11. Section 2.11 Termination of Agreement and Modification of LRIP Grant. A. If the Project is not started within five (5) years after the effective date of the Agreement or the
LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will
terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed
and the Public Entity is still obligated to complete the Project by the Completion Date. B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property
and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s ownership interest in the Real Property if such ownership interest is an easement.
Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed. Article III COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695 AND THE COMMISSIONER’S ORDER Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in
Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only pay for a portion of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows:
A. It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as “bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Code Section 148.
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B. It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such
funds are used for payments for the Project. C. It will, upon written request, provide the Commissioner all information required to satisfy the
informational requirements set forth in the Code, including Sections 103 and 148, with respect to the G.O. Bonds.
D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner, take such actions and furnish such documents as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or
for any “private business use” within the meaning of Code Sections 141(b) and 145(a). E. It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to
take, any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take, as appropriate, any such action, it shall take all lawful actions necessary to correct such actions
or omissions promptly upon obtaining knowledge thereof. Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn.
Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public
Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. Article IV DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth
herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated
in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in
Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section 2.11 even if the entire LRIP Grant has not been disbursed by such dates.
Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been consented to, in writing, by the Commissioner. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section
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5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time
shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas:
Formula #1: Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under
Section 5.13 that have been disbursed) Formula #2: Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be
limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to
MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real
Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention to so store materials prior to their delivery and MnDOT has not objected thereto.
At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments
then made with respect to the Project. The final Draw Requisition shall not be submitted before completion of the Project, including any correction of material defects in workmanship or materials (other than the completion of punch list items). At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities
having jurisdiction has been duly inspected and approved by such authorities and that all requisite certificates and other approvals have been issued.
If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount of the requested Advance to the Public Entity.
Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project
is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in MnDOT's notice.
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Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any
Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of
funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the LRIP Grant set forth in Section 1.01.
B. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. C. No determination shall have been made by MnDOT that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has
supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to MnDOT that sufficient funds are available.
D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith.
E. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require
Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and agrees as follows:
A. Advances are not made prior to completion of work performed on the Project. B. All Advances are processed on a reimbursement basis. C. The Public Entity must first document expenditures to obtain an Advance. D. Reimbursement requests are made on a partial payment basis or when the Project is completed.
E. All payments are made following the “Delegated Contract Process or State Aid Payment Request” as requested and approved by the appropriate district state aid engineer.
Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own inspections and observations regarding the completion of the Project, and shall determine to its own
satisfaction that all work done or materials supplied have been properly done or supplied in accordance with all contracts that the Public Entity has entered into regarding the completion of the Project.
Article V MISCELLANEOUS Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional named insured therein.
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Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth
in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to
continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest
in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the
Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements of this Section.
Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real
Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the
value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the
date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year.
Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn. Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto,
and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain
all of such books and records for a period of six years after the date that the Project is fully completed and placed into operation. Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real Property upon reasonable request by MnDOT and without interfering with the normal use of the Real Property.
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Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own
acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn.
Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusion from coverage in any insurance policy.
Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project. No employee of the Public Entity or other person engaging in the performance of the Agreement or the Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of
Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on behalf of said employees or other persons out of employment or alleged employment, including claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public
Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT, the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner,
or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits.
Section 5.08 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the address of the party specified below or to such
different address as may in the future be specified by a party by written notice to the others: To the Public Entity: At the address indicated on the first page of the Agreement. To MnDOT at: Minnesota Department of Transportation Office of State Aid 395 John Ireland Blvd., MS 500 Saint Paul, MN 55155
Attention: Patti Loken, State Aid Programs Engineer To the Commissioner at: Minnesota Management & Budget
400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155
Attention: Commissioner Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any
of its rights or obligations under the Agreement without the prior written consent of the other party. Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by
MnDOT Agreement No. 1034947(Road Construction)
SAP 181-594-004
18
any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy.
Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation, performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued
in the State of Minnesota District Court located in St. Paul, Minnesota. Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash
monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT whatever documentation MnDOT may request to substantiate the availability and source of any matching
funds. Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the
Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the total cost of the Project and all of the funds that are available for the completion of the Project. The Public Entity will supply any other information and documentation that MnDOT or the Commissioner may request
to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what
is being done to satisfy such conditions. Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets forth the projected schedule for the completion of the Project. Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity
and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement.
Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity.
Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in
the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may subsequently be amended or replaced from time to time. Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project and it shall fully comply with all of the provisions contained in Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time to time.
MnDOT Agreement No. 1034947(Road Construction)
SAP 181-594-004
19
Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project
that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project.
Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or written, between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that
such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- GRANT AGREEMENT TO STATE TRANSPORTATION FUND (LOCAL ROAD IMPROVEMENT PROGRAM) RELATED TO THE EDEN PRAIRIE QUIET ZONE PROJECT NO.: I.C. 16-5943 ROAD DESIGN SAP 181-594-004 WHEREAS, pursuant to Minnesota State Statute Section 219.166, the City of Eden Prairie supports
the establishment of a Quiet Zone encompassing Valley View Road, Eden Prairie Pedestrian
Crossing, Birch Island Road and West 62nd Street; and
WHEREAS, under provisions contained in Minnesota Laws of the 2017 First Special Session, Chapter 8, Article 1, Section 15, Subd 13, and amended by the Minnesota Laws of the 2018 Regular Session, Chapter 214, Article 2, Section 35, has allocated $1,400,000 from General Obligation Bond
Proceeds to the City of Eden Prairie as a grant to design, construct, and equip new passive and active
rail grade crossing safety devices, including associated road and pathway improvements, at existing and proposed highway-rail grade crossings, and pathway-rail grade crossings; or replace existing highway-rail grade crossings.
WHEREAS, The City of Eden Prairie has applied to the Commissioner of Transportation for a
grant from the Minnesota State Transportation Fund for Local Road Improvement; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and
WHEREAS, the amount of the LRIP/Road Construction Funds has been determined to be $504,306.13. NOW, THEREFORE, be it resolved that the Eden Prairie City Council does hereby agree to the
terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay
any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the design but not required. The proper city officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.
ADOPTED by the Eden Prairie City Council on April 21, 2020. ____________________________________
Ronald A. Case, Mayor
ATTEST: SEAL
______________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: April 21, 2020
DEPARTMENT / DIVISION:
Police Department
Paul Schlueter / Fleet Services
ITEM DESCRIPTION:
Authorize Purchase of a Lenco Bearcat Armored Vehicle
ITEM NO.: VIII.P.
Requested Action Move to: Authorize the purchase of a Lenco Bearcat armored vehicle for $303,107.00 Synopsis The City’s 2019-2028 approved Capital Improvement Plan includes a project to replace the Police Department Mobile Command Center. After much review and consideration, the Police Department has determined that the purchase of an armored vehicle is a greater need at this time.
The budget for replacement of the Mobile Command Center is $340,000.00 and is to be funded through the Fleet Internal Service Capital Fund. The cost to purchase the Lenco Bearcat armored vehicle is $303,107.00. The Police Department is requesting authorization to purchase the new armored vehicle using the funds originally allocated for replacement of the Mobile Command Center.
The current Mobile Command Center is still fully functional although much of the technology is outdated. The plan is to re-submit the Mobile Command Center replacement project for consideration at a later date as part of the upcoming 2021-2030 CIP planning process.
The City of Eden Prairie participates in several cooperative purchasing agreements that enable to City to
buy vehicles and equipment under the terms of contracts already negotiated by approved government agencies. This purchase will utilize the current Federal GSA purchasing schedule and the price listed is the same price that any Federal agency would pay.
Background Information
Occasionally, Eden Prairie police officers are called to extremely dangerous situations that require a response with a vehicle that offers ballistic protection that is just not available in our patrol cars. These incidents will often include suicidal, armed and/or violent offenders who are actively threatening the
safety of themselves, other citizens and/or police officers.
The ballistic protections included in the Lenco Bearcat will provide a much safer means of transporting officers to these scenes. Historically, officers had to either stay at a distance that put them at a disadvantage, or had to put their lives at risk while bravely moving into the danger zone in order to
evacuate uninvolved citizens. The ballistic protections provided with this vehicle will help ensure the safety of everyone involved, especially when it is necessary for officers to quickly approach an interior perimeter, evacuate citizens, secure the danger zone, and apprehend an offender.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Scott Riley
Public Works / Streets
ITEM DESCRIPTION: I.C. 18830
Award Contract for Mudjacking to Northstar Mudjacking And More
ITEM NO.:
VIII.Q.
Requested Action Move to: Award the Contract for the 2020 Mudjacking of curb and sidewalk panels to Northstar Mudjacking and More at the unit prices as indicated in the quote summary with costs not to exceed $50,000.00.
Synopsis A request for quotes was sent out for the Mudjacking of curb and sidewalk panels on February 21, 2020. Quotes were received by March 20, 2020 with Northstar Mudjacking and More being
the only one to bid.
Bidder Estimate Northstar Mudjacking and More $5.75/LF of Curb and $36.50/5X5 Sidewalk Panel
Metro Concrete Raising No Bid
Background Information This contract aims to help Streets and Parks Division Staff with the preservation of curb and sidewalk infrastructure. Decreasing trip hazards on walks and maintaining positive flow of storm
water throughout the city and in the overlay area.
Attachments Northstar Quote (Exhibit A)
Signed Contract (Exhibit B)
March 7, 2020 Scott Riley City of Eden Prairie 15150 Technology Drive Eden Prairie, Mn 55344
Dear Scott,
I have received the “Request for Curb and Sidewalk Mudjacking Quotes for 2020” and will hereby submit the following prices:
• Linear foot of curb and gutter will be $5.75
• A 5’ x 5’ sidewalk panel will be $38.75
Please don’t hesitate to call me with any questions or concerns, and please forward bid results when completed.
Thank you for this opportunity and we look forward to working with you and your team in 2020.
Warm Regards, Chris Hilfer Owner - Northstar Mudjacking & More
Northstar Mudjacking & More 14109 Burnley Way Rosemount, MN 55068
Office: 651.405.6717, Cell: 952.564.1428
chris.hilfer@northstar-mudjacking.net www.northstarmudjacking.net
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 26th day of March, 2020, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Northstar Mudjacking & More, a Minnesota company (hereinafter "Contractor") whose business address is 14109 Burnley Way, Rosemount, MN 55068.
.
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 mudjacking of concrete curb, gutter, and sidewalk panels throughout The City (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 the attached Exhibit A and Exhibit B.
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 November 27, 2020.
3. Compensation for Services. City agrees to pay the Contractor a cost not to exceed $50,000 based on unit prices described in Exhibit A (Quote Letter) as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit B.
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.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
Standard Construction Contract 2018 08 01 Page 2 of 12
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 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.
Standard Construction Contract 2018 08 01 Page 3 of 12
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. The Contractor shall post bonds to secure the warranties.
Standard Construction Contract 2018 08 01 Page 4 of 12
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;
d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
Standard Construction Contract 2018 08 01 Page 5 of 12
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.
16. 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.
Standard Construction Contract 2018 08 01 Page 6 of 12
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.
17. 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. 18. 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. 19. 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
Standard Construction Contract 2018 08 01 Page 7 of 12
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 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.
Standard Construction Contract 2018 08 01 Page 8 of 12
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 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
Standard Construction Contract 2018 08 01 Page 9 of 12
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.
20. 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.
21. 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.
22. 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
Standard Construction Contract 2018 08 01 Page 10 of 12
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.
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
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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 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.
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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. CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
CONTRACTOR
By: ________________________________ Its: Northstar Mudjacking & More_______
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: I.C. 19824 & 19834
Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc. for Construction
Administration for the Deerfield Trail Improvements Project and Curb and Gutter Replacement Project
ITEM NO.:
VIII.R.
Requested Action Move to: Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc.
(HTPO) for Construction Administration for the Deerfield Trail Improvements Project and Curb and Gutter Replacement Project in the amount of $44,600. Synopsis
This Professional Services Agreement will include construction administration, construction staking, and construction observation for the Deerfield Trail Improvement Project and 2020 Curb and Gutter Replacement Project. Background Information These two adjacent projects include pavement reconstruction, curb and gutter replacement, storm sewer installation, and sump pump collection system installation along Deerfield Trail, as well as curb and gutter replacement along Green Ridge Drive, Homestead Circle, and Pheasant Circle. Construction for both projects is anticipated in late spring and summer of 2020 and is to be
completed prior to pavement management project along the Green Ridge Drive, Homestead Circle, and Pheasant Circle. Project Cost Summary
The work will be funded with the Capital Improvement Plan (Pavement Management and Stormwater). The construction costs of the Deerfield Trail Improvements Project and Curb and Gutter Replacement Projects are $372,968.00 and $151,856.05, respectively. Attachment Professional Services Agreement
2017 06 01
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _________ day of___________, 20__, between
the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080
Mitchell Road, Eden Prairie, MN 55344, and ______________________________
(“Consultant”), a Minnesota corporation (hereinafter "Consultant") whose business address is
_____________________________________________.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional 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 Agreement is to set forth the terms and conditions for the provision of professional services
by Consultant for_________________________________ hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1.Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (____________________________________________) in connection with the
Work. Exhibit A is intended to be the scope of service for the work of the Consultant.
Any general or specific conditions, terms, agreements, consultant or industry proposal, or
contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are
deleted and shall not be in effect in any manner.
2.Term. The term of this Agreement shall be from _________________ through
________________ the date of signature by the parties notwithstanding. This Agreement
may be extended upon the written mutual consent of the parties for such additional period
as they deem appropriate, and upon the terms and conditions as herein stated.
3.Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $____________ for the services 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 Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will notpay additional compensation for services that do not have prior writtenauthorization.
b.Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing bythe City.
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c.If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmentalactions, actions of a third party, or actions or inactions of City, the time forperformance shall be extended by a period of time lost by reason of the delay.Consultant will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
4.City Information. The City agrees to provide the Consultant with the completeinformation concerning the Scope of the Work and to perform the following services:a.Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for theConsultant to enter upon public and private lands or property as required for theConsultant to perform such services necessary to complete the Work.
b.Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documentspresented by the Consultant, and shall inform the Consultant of all decisionsrequired of City within a reasonable time so as not to delay the work of theConsultant.
c.Standards. The City shall furnish the Consultant with a copy of any standard orcriteria, including but not limited to, design and construction standards that maybe required in the preparation of the Work for the Project.
d.City's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. Heor she shall have complete authority to transmit instructions, receive information,interpret, and define the City's policy and decisions with respect to the servicesprovided or materials, equipment, elements and systems pertinent to the work
covered by this Agreement.
5.Method of Payment. The Consultant shall submit to the City, on a monthly basis, anitemized invoice for professional services performed under this Agreement. Invoicessubmitted shall be paid in the same manner as other claims made to the City for:
a.Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hoursworked, rate of pay for each employee, a computation of amounts due for eachemployee, and the total amount due for each project task. Consultant shall verifyall statements submitted for payment in compliance with Minnesota StatutesSections 471.38 and 471.391. For reimbursable expenses, if provided for in
Exhibit A, the Consultant shall provide an itemized listing and suchdocumentation as reasonably required by the City. Each invoice shall contain theCity’s project number and a progress summary showing the original (or amended)
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amount of the contract, current billing, past payments and unexpended balance of
the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, 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.”
6. Project Manager and Staffing. The Consultant 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.
Consultant may not remove or replace the Project Manager without the approval of the
City. 7. Standard of Care. Consultant 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. Consultant shall be liable
to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that
could not be reasonably foreseen at the time of execution of this Agreement. Consultant
shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days
written notice delivered to the other party at the address written above. Upon termination
under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified
herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written
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consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant 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 Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant 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 Agreement, who shall be employees, and under the direction, of Consultant 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 Consultant an employee of the City. 11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Consultant 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
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Comprehensive Automobile
Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for
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loss or damage resulting from the negligence or fault of anyone other than the
Consultant or others for whom the Consultant is legally liable.
k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. m. 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.
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’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.
o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant 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 Consultant of any deficiencies in such documents and
receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s
right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant 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 Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
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this indemnity shall be construed and applied in favor of indemnification. Consultant
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
Consultant 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
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City.
12. Indemnification. Consultant 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 Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement (“Project”) does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project 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.
14. 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
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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
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. 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 Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. 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 Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This 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.
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23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant 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 Consultant 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 Consultant 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 Consultant 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.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant 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.
Deerfield Trail Improvements and Curb and Gutter Replacement Project Construction Administration Hansen Thorp Pellinen Olson, Inc.
Page 10 of 10 2017 06 01
b.Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Consultant under this Agreement which the City requests tobe kept confidential, shall not be made available to any individual or organization withoutthe City's prior written approval. This Agreement is subject to the Minnesota GovernmentData 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 Consultant inperforming any of the functions of the City during performance of this Agreement issubject to the requirements of the Data Practice Act and Consultant shall comply withthose requirements as if it were a government entity. All subcontracts entered into by
Consultant in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30.Waiver. Any waiver by either party of a breach of any provisions of this Agreementshall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT
By:
Its:
Deerfield Trail Improvements and Curb and Gutter Replacement Project Construction Administration Hansen Thorp Pellinen Olson, Inc.
EXHIBIT A
7510 Market Place Drive
Eden Prairie, MN 55344
Phone: 952-829-0700
Fax: 952-829-7806
www.htpo.com
HANSEN THORP PELLINEN OLSON, INC.
April 13, 2020
Patrick Sejkora, P.E.
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Deerfield Trail (I.C. 19824) and 2020 Curb & Gutter Replacement (I.C. 19834)
Projects – Construction Administration
Dear Patrick,
HTPO is pleased to provide this proposal for construction administration, staking
and observation services for the Deerfield Trail and 2020 Curb & Gutter
Replacement Projects. It is our understanding that the projects are in close
proximity to each other, and the same Contractor, BKJ Land Company, will be
performing the work on each of them.
SCOPE OF SERVICES
We propose to provide the following additional services:
1. Construction Administration
Includes 1 consolidated preconstruction meeting
Communication and coordination with Contractor
Shop drawing review
Processing pay requests
Project closeout
2. Construction Staking
Includes a one-time staking on the Deerfield Trail project for the following:
Centerline rough grade at 50’ intervals based on existing topography
Line & grade for curb & gutter
Establishing 2 site benchmarks
Line & grade for storm sewer, structures & drainage box Locations
3. Construction Observation
Includes up to 360 hours of construction observation (half time on each
project equal to ~6 hours/day combined due to location convenience)
Final punch list
Deerfield Trail Improvements and Curb and Gutter Replacement Project Construction Administration Hansen Thorp Pellinen Olson, Inc.
City of Eden Prairie – Deerfield Trail
April 13, 2020
Page 2
ASSUMPTIONS
Estimated 3 months of construction activity.
Staking will not be provided on the Curb & Gutter Replacement project.
Separate pay requests will be prepared for each project.
SCHEDULE
We assume that all work will be completed by August 31, 2020.
COMPENSATION
Compensation for those items described in the Scope of Services above are
estimated as follows:
Total Fees and Expenses $ 44,600
PAYMENT
Invoices will be submitted based on actual hours worked using a 2.4 multiplier
times direct personal expense, and reimbursable expenses incurred (printing,
courier, and other out-of-house documents and fees). We will keep you informed
of our work progress and the above fee estimate will not be exceeded without
prior approval from your office. We invoice our services monthly payable within
30 days.
Thank you for this opportunity to provide our services.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC.
Aaron Carrell, P.E. Adam Pawelk, P.E.
Engineering Manager Officer
Deerfield Trail Improvements and Curb and Gutter Replacement Project Construction Administration Hansen Thorp Pellinen Olson, Inc.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: I.C. 19824
Award Contract for 2020 Deerfield Trail Improvements Project to BKJ Excavating
ITEM NO.:
VIII.S.
Requested Action Move to: Award contract for the 2020 Deerfield Trail Improvement Project to BKJ Excavating in the amount of $372,968.00.
Synopsis Online bids were received on Thursday, March 26, 2020 for this project. The seven bids received are summarized in the attached summary of bids. The low bid, in the amount of $372,968.00, was submitted by BKJ Excavating. The low bid is 7% below the Engineer’s Estimate. Our
consultant and staff recommend awarding the contract for the project to BKJ Excavating, who
have worked in Eden Prairie on similar projects, in the amount of $372,968. Background Information This project will include pavement reconstruction, curb and gutter replacement, storm sewer
installation, and sump pump collection system installation along Deerfield Trail. The existing street has deteriorated due to poor soils, high groundwater, frequent sump pump discharges, and flat street grading.
Project Cost Summary The project will be funded with the Capital Improvement Plan (Pavement Management and Stormwater).
Attachments Letter of Recommendation Summary of Bids Contract
March 27, 2020
Mr. Patrick Sejkora
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Deerfield Trail
City Project # 19824
Dear Mr. Sejkora,
Bids were received and opened at 10:00 a.m. on Thursday March 26, 2020, for
the above referenced project. The bids are shown on the attached Summary of
Bids.
The low bidder, BKJ Land Company, came in with a base bid of $372,968.00.
Recommendation is made that the City Council awards City Project # 19824 to
BKJ Excavating in the amount of $372,968.00 for the base bid project. This
recommendation considers that the City Council reserves the right to waive minor
irregularities and further reserves the right to award the contract in the best
interests of the City.
Respectfully,
Hansen Thorp Pellinen Olson, Inc.
Aaron Carrell, PE
Enclosures
SUMMARY OF BIDS
City of Eden Prairie
City Project # 19824
DESCRIPTION: Deerfield Trail
BID OPENED: March 26, 2020
CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc.
CHECKED BY: Hansen Thorp Pellinen Olson, Inc.
Bid Responsible Base
Bidder Bond Contractor Bid
BKJ Land Company Yes Yes $372,968.00
Northwest Asphalt Yes Yes $389,736.96
Minger Construction Company Inc. Yes Yes $410,033.50
Park Construction Company Yes Yes $436,635.55
Bituminous Roadways Inc. Yes Yes $446,513.00
JTS Construction Yes Yes $473,405.00
Blackstone Contractors Yes Yes $617,849.00
FC-1
FORM OF CONTRACT
THIS AGREEMENT, made and executed this day of 20__, by and between City of Eden Prairie hereinafter referred to as the "CITY", and ___________________ hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. _______________________________________________________________
CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal
Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $_________________. III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents. IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal
d. Contract Agreement
e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions
(3) Detail Specifications (4) General Conditions
FC-2
(5) Plans
(6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by thisAgreement in accordance with the following schedule:
or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MN.
By Its City Mayor
And Its City Manager
CONTRACTOR
In Presence Of:
By Title
And Title
BKJ Excavating
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Janet Jeremiah/David Lindahl
Community Development
ITEM DESCRIPTION:
Approve Purchase of Streetlights for Eden Road & Town Center Place
ITEM NO.:
VIII.T.
Requested Action Move to: Approve purchase of 37 decorative lights from Mlazgar Associates Inc. for Eden Road and Town Center Place in the amount of $186,073.
Synopsis The decorative lights are part of the Eden Road and Town Center Place road extension and reconstruction project expected to start this spring and be completed by late 2020. Mlazgar is the only manufacturer of the desired lights.
Background Information Eden Road will be reconstructed and extended as part of the SWLRT project from Flying Cloud Drive to the Town Center LRT Station. The project will include a variety of streetscape
improvements including decorative lights w/banners, planter boxes, benches, sidewalks, trails
and landscaping. The new decorative lights will be similar in style and color to the new lights recently installed on Singletree Lane. They will also have outlet boxes to power holiday lights. Financial Implications Funding for the lights is from the Economic Development Fund. Attachment Quote
Decorative Light Image
Date: Mar 10, 2020 Quote: RLMA20-91478-2 Quote
Page 1/2
Mlazgar Associates
10340 Viking Drive
Eden Prairie MN 55344
Phone: (952) 943-8080
Fax: (952) 943-8088
From: TJ Sheldon
Quoter Ph: (952) 513-7510x.
Email: tjs@mlazgar.com
Project Eden Road and Town Center Place -
Location Eden Prairie MN
Quote RLMA20-91478-2
Page 1/2www.mlazgar.com TJ Sheldon
To:Carter Schulze For
City of Eden Prairie Bid Date Feb 25, 2020
8080 Mitchell Road Expires Mar 26, 2020
EDEN PRAIRIE MN 55344 Municipal: City of Eden Prairie
Phone: (952) 949-8339
EMail: cschulze@edenprairie.org
QTY Type MFG Part Price UQ ExtPrice
37 STEB 1A-1480LED(MOD)-1L40T3-MDL10-A-EZ/OGPT/$5,029.00 $186,073.00
3318'.2"P5-.250-BDBA6-GFI LPIUC/BK
SIMILAR TO PREV ORDER C46048 (4/9/2019) - ADD GFI
LPIUC
- 60 WATT | 5705 LUMENS, LED, HANGING FIXTURE
- MOD: ADD ADDITIONAL RING TO TOP OF FIXTURE |
REMOVE CAGE FROM LENS
- 0-10V DIMMING DRIVER FOR 120-277V
- A: CLEAR, ACRYLIC BODY LENS
- EZ: HANG STRAIGHT
- OGPT: POST-TOP MOUNTED, DECORATIVE ARM
- 18'-2" ALUMINUM POLE ASSEMBLY W/5" OD, ROUND,
STRAIGHT, SMOOTH SHAFT & DECORATIVE BASE
* OAH: 21'-6" (21.5')
- 0.250" WALL THICKNESS
- STANDARD ANCHOR BOLTS & TEMPLATE
INCLUDED
- BDBA6: SET OF BREAKAWAY BANNER ARMS;
BANNER BY OTHERS
- GFI LPIUC: 15A DUPLEX GFI W/ LOW-PROFILE IN-
USE COVER
- BK: SMOOTH BLACK FINISH
Total:$186,073.00
Notes:
FREIGHT TERMS: FULL FREIGHT ALLOWED FOR ONE STANDARD SHIPMENT & QUOTED QUANTITIES.
Terms and conditions of sale:
****DUE TO CONTINUED INFLATIONARY PRESSURES AND THE USTR's TARIFFS - PRICING IS SUBJECT TO CHANGE
WITHOUT NOTICE****
Subject to manufactuer's published terms and conditions of sale.
******************PRICING SUBJECT TO CHANGE WITHOUT NOTICE***********************
*************************QUOTATION IS VOID IF CHANGED************************************
Date: Mar 10, 2020 Quote: RLMA20-91478-2 Quote
Page 2/2
Mlazgar Associates
10340 Viking Drive
Eden Prairie MN 55344
Phone: (952) 943-8080
Fax: (952) 943-8088
From: TJ Sheldon
Quoter Ph: (952) 513-7510x.
Email: tjs@mlazgar.com
Project Eden Road and Town Center Place -
Location Eden Prairie MN
Quote RLMA20-91478-2
Page 2/2www.mlazgar.com TJ Sheldon
******Spares not included unless otheriwse noted - Customer to provide counts as required*******
Complete quote must be used. Partial portions of this quote are not to be used unless agreed to by us in advance of purchase.
Miscellaneous items are not included unless noted above.
(IE: lamps. hangers, stems, plaster frames, etc.)
Freight allowance on orders are for single shipment/release per order.
8 Foot fixtures that do not meet the manuracture's freight allowance are subject to higher than normal freight charges.
Multiple shipments/releases/orders to same job site, Distributor may incur additional freight charges.
NOTE: LINEAR RUNS DO NOT INCLUDE CORNERS, TRANSTIONS OR CUSTOM ENDS UNLESS SPECIFICALLY
NOTED IN CATALOG NUMBER.
NOTE: START-UP, COMMISSIONING and/or TRAINING FOR CONTROL SYSTEMS IS NOT INCLUDED IN PRICE UNLESS
NOTED OTHERWISE ON THIS QUOTE.
NOTE: 3RD PARTY VERIFICATION NOT INCLUDED WITH CONTROLS, UNLESS OTHERWISE STATED.
NOTE: IF START-UP, COMMISSIONING and/or TRAINING FOR CONTROL SYSTEMS IS INLCUDED IN THIS QUOTATION,
IT COVERS JOB SITE VISIT(S) WITH THE UNDERSTANDING THAT ALL DEVICES ARE INSTALLED AND WIRED
PROPERLY. IF A RETURN TRIP IS REQUIRED DUE TO FIELD CONDITIONS and/or WIRING ISSUES, THE RATES ARE
AS FOLLOWS: $500 PER HALF DAY AND $1000 PER FULL DAY IN ADDITION TO THE INITIAL STARTUP PRICE.
NOTE: BAA & ARRA ARE CONSIDERED NOT TO BE REQUIREMENTS OF THIS QUOTE, UNLESS OTHERWISE NOTED.
NOTE: VIBRATION DAMPER NOT INCLUDED IN POLES UNLESS OTHERWISE NOTED.
NOTE: LEAD TIMES ARE ESTIMATES ONLY, AND BEGIN UPON CLEAN RELEASED ORDER AND/OR APPROVED
DRAWINGS.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Janet Jeremiah/David Lindahl
Community Development
ITEM DESCRIPTION:
Resolution Ratifying Lease Amendments with Lotus Nails and Smith Coffee
ITEM NO.:
VIII.U.
Requested Action Move to: Adopt Resolution Ratifying First Amendment to Lease Agreement with Nguyen Family Inc. d/b/a Lotus Nails Spa and Third Amendment to Lease Agreement with PureGrace, LLC (Smith Coffee).
Synopsis The Mayor and City Manager executed lease amendments with Lotus Nails and Smith Coffee, both tenants of the City, without prior City Council approval by authority provided under
Resolution No. 2020-47, which extended the Mayor’s emergency declaration related to the
coronavirus/COVID-19 pandemic. This City Council action will ratify the prior approvals made by the Mayor and City Manager. Background Information
Smith Coffee and Lotus Nails were required to close per the Governor’s Executive Orders 20-04 and 20-08 to help slow the spread of coronavirus/COVID-19. To reduce expenses during the closure period both tenants requested rent relief from the City. With this lease amendment, Smith Coffee will have no obligation to pay rent starting April 1, 2020 through the earlier of lifting of
the Governor’s Emergency Executive Orders or written notice from the City that it must resume
normal payments. Lotus Nails will have no obligation to pay rent starting March 17, 2020 and will resume normal rent payments under the same terms as Smith Coffee. The lease terms will be extended for a period of time equal to the rent abatement period to recover rent lost during the closure.
Attachments 1. Resolution Ratifying First Amendment to Lease Agreement with Nguyen Family Inc. d/b/a Lotus Nails Spa and Third Amendment to Lease with PureGrace, LLC (Smith Coffee)
2. First Amendment to Lease Agreement - Lotus Nails
3. Third Amendment to Lease - Smith Coffee
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- A RESOLUTION RATIFYING FIRST AMENDMENT TO LEASE AGREEMENT WITH NGUYEN FAMILY INC. D/B/A LOTUS NAILS SPA AND THIRD AMENDMENT TO
LEASE WITH PUREGRACE, LLC (SMITH COFFEE) WHEREAS, on March 16, 2020, the Mayor declared a local emergency related to the coronavirus/COVID-19 pandemic; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020-47 extending the period of the local emergency until further action by the City Council; and WHEREAS, Resolution No. 2020-47 authorizes the Mayor and City Manager to execute any
necessary agreements, contracts, and related documents regarding the local emergency necessary
to implement corrective action relative to the local emergency to protect the health, safety, and welfare of the City and the community; and WHEREAS, pursuant to the authority granted in Resolution No. 2020-47, the Mayor and City
Manager have certain lease amendments with City tenants relative to the local emergency.
NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council that execution of the following agreements is hereby approved and ratified:
1. First Amendment to Lease Agreement, dated April 16, 2020 (Lotus Nails)
2. Third Amendment to Lease, dated March 25, 2020 (Smith Coffee) ADOPTED by the Eden Prairie City Council on April 21, 2020.
____________________________________ Ronald A. Case, Mayor
ATTEST:
______________________________ Kathleen Porta, City Clerk
FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (the “First Amendment”) is made this 16th day of April, 2020 between the City of Eden Prairie (“Landlord”), and Nguyen Family Inc. d/b/a Lotus Nails Spa (“Tenant”).
WHEREAS, Landlord and Tenant are parties to that certain Lease Agreement dated May 6, 2014,
for the Premises located at 8020 Den Road, City of Eden Prairie, Minnesota, consisting of approximately One Thousand Four Hundred Two (1,402) square feet (the “Lease”). WHEREAS, on March 16, 2020, in an effort to slow the spread of the COVID-19 pandemic,
Minnesota Governor Tim Walz issued Emergency Executive Order 20-04, clarified by Emergency
Executive Order 20-08, ordering that certain places of public accommodation, including nail salons, be closed to the public (the “Emergency Order”); WHEREAS, Tenant operates a nail salon on the leased Premises;
WHEREAS, Tenant is required to close the nail salon pursuant to the Emergency Order; WHEREAS, Tenant and Landlord desire to provide for a period of abated rent until such time as the Emergency Order is lifted; and
WHEREAS, Tenant and Landlord further desire to extend the term of the Lease for a period of time equal to the duration of Emergency Order. NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, Landlord and Tenant hereby amend the Lease as follows:
1. Section 1.03 of the Lease is amended by deleting the first sentence in its entirety and replacing it with the following:
This Lease shall have a term of approximately ten (10) years, beginning on May
15, 2014 (the “Term Commencement Date”) and ending on May 14, 2024, plus a period of time equal to the duration of the Abatement Period as described in Section 2.05 (the “Expiration Date”).
2. Section 2.01 of the Lease is amended in the, rent table, by deleting “6–10” and replacing it
with “6–10 and the period of time equal to the duration of the Abatement Period as described in Section 2.05. 3. The Lease is amended by adding the following new Section 2.05:
Section 2.05 – Coronavirus Emergency Rent Abatement: Tenant shall have no obligation to pay any installment of Monthly Minimum Rent or any Additional Rent as described in this Lease for the period beginning March
2
17, 2020 and continuing until the earlier of: (1) the lifting of the Governor’s
Emergency Executive Order 20-04, as clarified by Emergency Executive Order 20-
08, such that Tenant is again permitted open the nail salon business to the public; or (2) written notice from Landlord that Tenant must resume normal payment of Monthly Minimum Rent and Additional Rent (the “Abatement Period”). The parties agree that the term of this Lease shall be extended beyond the current
Expiration Date of May 14, 2024 for a period of time equal to the Abatement
Period. During the Abatement Period, the Lease shall otherwise remain in full force and effect and Tenant shall continue to fulfill all of its other obligations under the Lease, including but not limited to those related to the payment of separately metered utilities and the maintenance of insurance coverage for the Premises.
4. Except as amended herein all terms of the Lease remain unchanged and in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have caused this First Amendment to Lease
Agreement to be executed as of the date set forth above.
[Signatures on Following Page]
3
LANDLORD: CITY OF EDEN PRAIRIE
By: ____________________________ Rick Getschow, Its City Manager
Dated: __________________________
4
TENANT:
NGUYEN FAMILY INC. D/B/A LOTUS NAILS SPA
By: ____________________________
Its: ____________________________
Dated: _________________________
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
April 21, 2020
DEPARTMENT/DIVISION:
Denise Christensen
Public Works / Engineering
ITEM DESCRIPTION: Vacation 20-02
Vacation of Right-of-Way and Drainage and Utility Easements
ITEM NO.:
IX.A.
Requested Action
Move to: Close the public hearing; and Adopt the Resolution vacating Right-of-Way and Drainage and Utility Easements. Synopsis The Eden Prairie Independent School District No. 272 has requested the vacation of the remaining right-of-way of Eden Court and School Road (Town Road) as well as the remaining drainage and utility easements dedicated with the plat of Eden School Addition. The School District is preparing for upgrades and expansion to the Central Middle School. The school district owns a number of parcels on their campus and is platting the properties into one large lot
that combines these multiple parcels. In addition, there is underlying right-of-way and drainage and utility easements that are included on the property. The school district was granted rights to use the right-of-way but a formal process to vacate the right-of-way has never occurred. Background Information The Central Middle School is located at 8025 School Road to the northeast of the School District’s Administrative Service Center. The school district owns 57.4 acres, which includes the Central Middle School, the Administrative Service Center, and various outdoor athletic facilities. The Central Middle School project consists of approximately 82,000 square feet of additions and
50,000 square feet of remodeling to accommodate an additional class level. The additions include a performing arts center, a new gymnasium, additional class rooms, and new entrances. On-site improvements include an expanded student drop-off area, parking lot re-configuration, expansion of the north loop road, and improvements to the bus drop-off area.
Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- VACATION OF EDEN COURT RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS DEDICATED ON EDEN SCHOOL ADDITION; SCHOOL ROAD (TOWN ROAD) RIGHT-OF-WAY VACATION 20-02 WHEREAS, the City of Eden Prairie has certain Right-of-way and Drainage and Utility
Easement described as follows: Eden Court and Eden School Addition Drainage & Utility Easements: All that part of Eden Court and the drainage and utility easements in Blocks 2 and 3, all in EDEN SCHOOL ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota lying southerly and southeasterly of the southerly right of way line,
between right of way markers B9 and B16, as shown on MINNESOTA DEPARTMENT OR TRANSPORTATION RIGHT OF WAY PLAT NO. 27-84, according to the recorded plat thereof. School Road (Town Road): All that part of School Road (Town Road) lying in the Northwest Quarter of Section 16,
Township 116 North, Range 22 West, Hennepin County, Minnesota lying southerly of the southerly right of way line, between right of way markers B9 and B11, as shown on MINNESOTA DEPARTMENT OR TRANSPORTATION RIGHT OF WAY PLAT NO. 27-84, according to the recorded plat thereof and lying northeasterly of Line 1 described below:
Line 1: Commencing at the northwest corner of Section 16, Township 116 North, Range 22 West of said Hennepin County; thence South 01 degree 23 minutes 30 seconds West, assumed bearing along the west line of the Northwest Quarter of said Section 16, a distance of 1321.67 feet to the southwest corner of the Northwest Quarter of the Northwest Quarter
of said Section 16; thence North 88 degrees 59 minutes 30 seconds East, along the south line of said Northwest Quarter of the Northwest Quarter, a distance of 611.06 feet to the southeast right of way line of Trunk Highway No. 212; thence North 32 degrees 48 minutes 40 seconds East, along said right of way line, a distance of 250.22 feet; thence 369.57 feet northeasterly along a tangential curve, having a radius of 1326.27 feet and a
delta angle of 15 degrees 57 minutes 56 seconds to a point of compound curvature; thence 563.75 feet northeasterly along a compound curve having a radius of 1809.83 feet and a delta angle of 17 degrees 50 minutes 50 seconds; thence North 66 degrees 37 minutes 13 seconds East, tangent to last described curve, a distance of 131.76 feet; thence 181.84 feet northeasterly along a tangential curve, having a radius of 495.00 feet and a
delta angle of 21 degrees 02 minutes 54 seconds to a point of compound curvature; thence 205.84 feet easterly along a compound curve having a radius of 884.93 feet and a delta angle of 13 degrees 19 minutes 38 seconds to the northwesterly right of way line of School Road and the point of beginning of the line to be described; thence continue 27.36 feet easterly along a curve having a radius of 884.93 feet and a delta angle of 01 degree
46 minutes 17 seconds; thence South 77 degrees 13 minutes 58 seconds East, tangent to
last described curve, a distance of 48.15 feet to the southeasterly right of way line of
School Road and terminating thereat.
School Road (Town Road): All that part of School Road (Town Road) lying in the South Half of the Southwest Quarter of the Northwest Quarter of Section 16, Township 116 North, Range 22 West, Hennepin County, Minnesota lying 66.00 feet easterly of and parallel with the following
described line:
Commencing at the southwest corner of said South Half of the Southwest Quarter of the Northwest Quarter; thence North 88 degrees 25 minutes 49 seconds East, assumed bearing along the south line of said South Half of the Southwest Quarter of the Northwest Quarter, a distance of 683.50 feet to the point of beginning of the line to be described;
thence North 01 degrees 24 minutes 10 seconds East, along the west right of way line of
said School Road for a distance of 347.15 feet to the south line of the north 310.00 feet of said South Half of the Southwest Quarter of the Northwest Quarter and terminating thereat.
WHEREAS, a Public Hearing was held on April 21, 2020 after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Right-of-Way and Drainage and Utility Easements have no relationship to the
comprehensive municipal plan; and
WHEREAS, it has been determined that the said Right-of-Way and Drainage and Utility Easements are not necessary and have no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said Right-of-Way and Easements described above are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851.
3. This Resolution is contingent upon and shall not be effective until the plat of ISD 272 CMS Addition has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to
the County Auditor or file it with the County Recorder/Registrar of Titles until the plat of
ISD 272 CMS Addition is recorded.
ADOPTED by the Eden Prairie City Council on April 21, 2020.
____________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk
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.Central MiddleSchool16G:\Engineering\Drawings\Public Works\Easements\Vacations\2020\VAC 20-02.dwg
DATE: 03/26/2020VACATION LOCATION MAPVAC 20-02SITE
S01°23'30"W 1321.67N88°59'30"E 611.06
B9
B8
B10B11
B12
B13
B14
B15
B16
0 200'400'
STREET VACATION SKETCH & DESCRIPTION
EDEN PRAIRIE CENTRAL MIDDLE SCHOOL
I HEREBY CERTIFY THAT THIS SURVEY, PLAN, ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED LAND SURVEYOR UNDER THE LAWS OFTHE STATE OF MINNESOTA.
NO.DATE DESCRIPTION DATE:
SCALE:
DRAWN BY:
CHECKED BY:
PROJECT NO.COPYRIGHT @ 2020BY DESIGN TREE ENGINEERING INCORPORATED
AS SHOWN
DATE:
PREPARED FOR:03/23/2020
DJB
JDS
08718001 Daniel J. Bemboom 46562
ISD 272 EDEN PRAIRIE
8000 WALLACE RD.EDEN PRAIRIE, MN. 55344SOUTHERLY RIGHT OF WAY LINE OF MINNESOTADEPARTMENT OF TRANSPORTATION RIGHT OF WAYPLAT NO. 27-84HENNEPIN COUNTY REGIONAL RAIL AUTHORITYNW CORNER OF SEC. 16,T116N, R22W
FOUND CAST IRONMONUMENT
(P) AZ. 180°57'18" 1321.63WEST LINE OF NW1/4 OFSEC. 16, T116N, R22WSOUTH LINE OFTHE NW1/4 OF
NW1/4 OF SEC. 16,
SW CORNER OF
THE NW1/4 OFNW1/4 OF SEC. 16 FORMER SCHOOL ROAD (AKA TOWN ROAD) DEEDED TO ISD 272 PER DOC. NO. 6297151SE CORNER OF
THE NW1/4 OFNW1/4 OF SEC. 16
VACATED SCHOOL ROAD (TOWN ROAD)PER DOC. NO. 5439134SHEET 1 OF 1
= DENOTES COUNTY MONUMENT
= DENOTES FOUND IRON MONUMENT
= AREA TO BE VACATED
Eden Court Vacation and Drainage & Utility
Easements Vacation Descriptions
All that part of Eden Court and the drainage
and utility easements in Blocks 2 and 3, all in
EDEN SCHOOL ADDITION, according to the
recorded plat thereof, Hennepin County,
Minnesota lying southerly and southeasterly
of the southerly right of way line, between
right of way markers B9 and B16, as shown on
MINNESOTA DEPARTMENT OR
TRANSPORTATION RIGHT OF WAY PLAT NO.
27-84, according to the recorded plat thereof.
SOUTHERLY RIGHT OF WAY LINE OF MINNESOTADEPARTMENT OF TRANSPORTATION RIGHT OF WAYPLAT NO. 27-84
03/23/2020
S01°23'30"W 1321.67N88°59'30"E 611.06 N32°48'40"E250.22R=1326.27Δ=15°57'56"L=369.57R=1809.83Δ =17°50 '50 "L =5 6 3 .7 5
N66°37'1
3
"
E
131.76
R =4 9 5 .0 0
Δ =2 1 °0 2 '5 4 "
L =1 8 1.8 4
R=884.93Δ=1°46'17"L=27.36
S77°13'58"
E
48.15
B9
B8
B10B11P.O.B.
R=884.93Δ=13°19'38"L=205.84
0 200'400'
STREET VACATION SKETCH & DESCRIPTION
EDEN PRAIRIE CENTRAL MIDDLE SCHOOL
I HEREBY CERTIFY THAT THIS SURVEY, PLAN, ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED LAND SURVEYOR UNDER THE LAWS OFTHE STATE OF MINNESOTA.
NO.DATE DESCRIPTION DATE:
SCALE:
DRAWN BY:
CHECKED BY:
PROJECT NO.COPYRIGHT @ 2020BY DESIGN TREE ENGINEERING INCORPORATED
AS SHOWN
DATE:
PREPARED FOR:03/23/2020
DJB
JDS
08718001 Daniel J. Bemboom 46562
ISD 272 EDEN PRAIRIE
8000 WALLACE RD.EDEN PRAIRIE, MN. 55344MINNESOTA DEPARTMENT OF TRANSPORTATIONRIGHT OF WAY PLAT NO. 27-84HENNEPIN COUNTY REGIONAL RAIL AUTHORITYNW CORNER OF SEC. 16,T116N, R22W
FOUND CAST IRONMONUMENT
WEST LINE OF NW1/4 OFSEC. 16, T116N, R22WSOUTH LINE OF
THE NW1/4 OF
NW1/4 OF SEC. 16,
SW CORNER OF
THE NW1/4 OFNW1/4 OF SEC. 16 FORMER SCHOOL ROAD (AKA TOWN ROAD) DEEDED TO ISD 272 PER DOC. NO. 6297151SE CORNER OF
THE NW1/4 OFNW1/4 OF SEC. 16
VACATED SCHOOL ROAD (TOWN ROAD)PER DOC. NO. 5439134SHEET 1 OF 2
= DENOTES COUNTY MONUMENT
= DENOTES FOUND IRON MONUMENT
= AREA TO BE VACATED
NORTHWESTERLYRIGHT OF WAY
LINE OF SCHOOLROAD SOUTHEASTERLYRIGHT OF WAYLINE OF SCHOOL
ROAD
03/23/2020
STREET VACATION SKETCH & DESCRIPTION
EDEN PRAIRIE CENTRAL MIDDLE SCHOOL
I HEREBY CERTIFY THAT THIS SURVEY, PLAN, ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED LAND SURVEYOR UNDER THE LAWS OFTHE STATE OF MINNESOTA.
NO.DATE DESCRIPTION DATE:
SCALE:
DRAWN BY:
CHECKED BY:
PROJECT NO.COPYRIGHT @ 2020BY DESIGN TREE ENGINEERING INCORPORATED
AS SHOWN
DATE:
PREPARED FOR:03/23/2020
DJB
JDS
08718001 Daniel J. Bemboom 46562
ISD 272 EDEN PRAIRIE
8000 WALLACE RD.EDEN PRAIRIE, MN. 55344
School Road Vacation Description
All that part of School Road (Town Road) lying in the Northwest Quarter of Section 16, Township 116 North,
Range 22 West, Hennepin County, Minnesota lying southerly of the southerly right of way line, between right of
way markers B9 and B11, as shown on MINNESOTA DEPARTMENT OR TRANSPORTATION RIGHT OF WAY PLAT
NO. 27-84, according to the recorded plat thereof and lying northeasterly of Line 1 described below:
Line 1:
Commencing at the northwest corner of Section 16, Township 116 North, Range 22 West of said Hennepin County;
thence South 01 degree 23 minutes 30 seconds West, assumed bearing along the west line of the Northwest
Quarter of said Section 16, a distance of 1321.67 feet to the southwest corner of the Northwest Quarter of the
Northwest Quarter of said Section 16; thence North 88 degrees 59 minutes 30 seconds East, along the south line of
said Northwest Quarter of the Northwest Quarter, a distance of 611.06 feet to the southeast right of way line ofTrunk Highway No. 212; thence North 32 degrees 48 minutes 40 seconds East, along said right of way line, adistance of 250.22 feet; thence 369.57 feet northeasterly along a tangential curve, having a radius of 1326.27 feet
and a delta angle of 15 degrees 57 minutes 56 seconds to a point of compound curvature; thence 563.75 feet
northeasterly along a compound curve having a radius of 1809.83 feet and a delta angle of 17 degrees 50 minutes
50 seconds; thence North 66 degrees 37 minutes 13 seconds East, tangent to last described curve, a distance of
131.76 feet; thence 181.84 feet northeasterly along a tangential curve, having a radius of 495.00 feet and a delta
angle of 21 degrees 02 minutes 54 seconds to a point of compound curvature; thence 205.84 feet easterly along a
compound curve having a radius of 884.93 feet and a delta angle of 13 degrees 19 minutes 38 seconds to thenorthwesterly right of way line of School Road and the point of beginning of the line to be described; thence continue27.36 feet easterly along a curve having a radius of 884.93 feet and a delta angle of 01 degree 46 minutes 17
seconds; thence South 77 degrees 13 minutes 58 seconds East, tangent to last described curve, a distance of 48.15
feet to the southeasterly right of way line of School Road and terminating thereat.
SHEET 2 OF 2
03/23/2020
100.0100.060.03333310.0N88°25'49"E 683.50 N01°24'10"E 347.1566.0
66.0
0 100'200'
STREET VACATION SKETCH & DESCRIPTION
EDEN PRAIRIE CENTRAL MIDDLE SCHOOL
= DENOTES COUNTY MONUMENT
= DENOTES FOUND IRON MONUMENT
= AREA TO BE VACATED
I HEREBY CERTIFY THAT THIS SURVEY, PLAN, ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED LAND SURVEYOR UNDER THE LAWS OFTHE STATE OF MINNESOTA.
NO.DATE DESCRIPTION DATE:
SCALE:
DRAWN BY:
CHECKED BY:
PROJECT NO.COPYRIGHT @ 2020BY DESIGN TREE ENGINEERING INCORPORATED
AS SHOWN
DATE:
PREPARED FOR:03/23/2020
DJB
JDS
08718001 Daniel J. Bemboom 46562
ISD 272 EDEN PRAIRIE
8000 WALLACE RD.EDEN PRAIRIE, MN. 55344
School Road Vacation Description
All that part of School Road (Town Road) lying in the South Half of
the Southwest Quarter of the Northwest Quarter of Section 16,
Township 116 North, Range 22 West, Hennepin County, Minnesota
lying 66.00 feet easterly of and parallel with the following described
line:
Commencing at the southwest corner of said South Half of the
Southwest Quarter of the Northwest Quarter; thence North 88
degrees 25 minutes 49 seconds East, assumed bearing along the
south line of said South Half of the Southwest Quarter of the
Northwest Quarter, a distance of 683.50 feet to the point of
beginning of the line to be described; thence North 01 degrees 24
minutes 10 seconds East, along the west right of way line of said
School Road for a distance of 347.15 feet to the south line of the
north 310.00 feet of said South Half of the Southwest Quarter of the
Northwest Quarter and terminating thereat.WEST LINE OF THESW1/4 OF THE NW1/4 OFSEC. 16, T116N, R22WVACATED SCHOOL ROAD (TOWN ROAD)PER DOC. NO. 3196676P.O.C.
SOUTHWEST CORNER OF THE
S1/2 OF THE SW1/4 OF THENW1/4 OF SEC. 16, T116N, R22W(W1/4 CORNER)
FOUND CAST IRON MONUMENT
NW CORNER OF
THE S1/2 OF THESW1/4 OF NW1/4 OFSEC. 16
NORTH LINE OFTHE S1/2 OF THE
SW1/4 OF NW1/4 OFSEC. 16
MINNESOTA DEPARTMENT OF TRANSPORTATIONCOMMISSIONER'S ORDER MAP NO. 94383SOUTH LINE TOTHE NORTH 310.00
FEET OF THE S1/2OF THE SW1/4 OFNW1/4 OF SEC. 16
POND
SHEET 1 OF 1
WEST RIGHT OFWAY LINE OFSCHOOL ROAD
SOUTH LINE OF THES1/2 OF THE SW1/4 OFTHE NW1/4 OF SEC. 16,T116N, R22W
P.O.B.
03/23/2020
VACATION 20-02
NOTICE OF VACATION OF EDEN COURT RIGHT-OF-WAY AND DRAINAGE AND
UTILITY EASEMENTS DEDICATED ON EDEN SCHOOL ADDITION; SCHOOL ROAD (TOWN ROAD) RIGHT-OF-WAY Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the
Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on April 21, 2020 at 7:00
p.m. to hear all persons present upon the proposed vacation of right-of-way, drainage and utility easements described as follows: Eden Court and Eden School Addition Drainage & Utility Easements: All that part of Eden Court and the drainage and utility easements in Blocks 2 and 3, all in
EDEN SCHOOL ADDITION, according to the recorded plat thereof, Hennepin County,
Minnesota lying southerly and southeasterly of the southerly right of way line, between right of way markers B9 and B16, as shown on MINNESOTA DEPARTMENT OR TRANSPORTATION RIGHT OF WAY PLAT NO. 27-84, according to the recorded plat thereof.
School Road (Town Road):
All that part of School Road (Town Road) lying in the Northwest Quarter of Section 16, Township 116 North, Range 22 West, Hennepin County, Minnesota lying southerly of the southerly right of way line, between right of way markers B9 and B11, as shown on MINNESOTA DEPARTMENT OR TRANSPORTATION RIGHT OF WAY PLAT NO.
27-84, according to the recorded plat thereof and lying northeasterly of Line 1 described
below: Line 1: Commencing at the northwest corner of Section 16, Township 116 North, Range 22 West of said Hennepin County; thence South 01 degree 23 minutes 30 seconds West, assumed
bearing along the west line of the Northwest Quarter of said Section 16, a distance of
1321.67 feet to the southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 16; thence North 88 degrees 59 minutes 30 seconds East, along the south line of said Northwest Quarter of the Northwest Quarter, a distance of 611.06 feet to the southeast right of way line of Trunk Highway No. 212; thence North 32 degrees 48 minutes
40 seconds East, along said right of way line, a distance of 250.22 feet; thence 369.57 feet
northeasterly along a tangential curve, having a radius of 1326.27 feet and a delta angle of 15 degrees 57 minutes 56 seconds to a point of compound curvature; thence 563.75 feet northeasterly along a compound curve having a radius of 1809.83 feet and a delta angle of 17 degrees 50 minutes 50 seconds; thence North 66 degrees 37 minutes 13 seconds East,
tangent to last described curve, a distance of 131.76 feet; thence 181.84 feet northeasterly
along a tangential curve, having a radius of 495.00 feet and a delta angle of 21 degrees 02 minutes 54 seconds to a point of compound curvature; thence 205.84 feet easterly along a compound curve having a radius of 884.93 feet and a delta angle of 13 degrees 19 minutes 38 seconds to the northwesterly right of way line of School Road and the point of
beginning of the line to be described; thence continue 27.36 feet easterly along a curve
having a radius of 884.93 feet and a delta angle of 01 degree 46 minutes 17 seconds; thence South 77 degrees 13 minutes 58 seconds East, tangent to last described curve, a distance of 48.15 feet to the southeasterly right of way line of School Road and terminating thereat.
School Road (Town Road):
All that part of School Road (Town Road) lying in the South Half of the Southwest
Quarter of the Northwest Quarter of Section 16, Township 116 North, Range 22 West, Hennepin County, Minnesota lying 66.00 feet easterly of and parallel with the following described line: Commencing at the southwest corner of said South Half of the Southwest Quarter of the
Northwest Quarter; thence North 88 degrees 25 minutes 49 seconds East, assumed bearing
along the south line of said South Half of the Southwest Quarter of the Northwest Quarter, a distance of 683.50 feet to the point of beginning of the line to be described; thence North 01 degrees 24 minutes 10 seconds East, along the west right of way line of said School Road for a distance of 347.15 feet to the south line of the north 310.00 feet of said South
Half of the Southwest Quarter of the Northwest Quarter and terminating thereat.
By Order of the City Council Published in the Eden Prairie News on April 2, 2020.
NOTIFICATION LIST
VACATION REQUEST 20-02
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
16-116-22-21-0006 16-116-22-21-0007 16-116-22-21-0008 16-116-22-24-0012
16-116-22-24-0020
A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy
CenturyLink Communications Comcast Cable Xcel Energy
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE: April 21, 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 273782 - 274529 Wire Transfers 1024962 - 1025189 Wire Transfers 7562 – 7610
Purchasing Card 7589
City of Eden PrairieCouncil Check Summary
4/21/2020
Division Amount Division Amount
000 General 347,373 308 E-911 1,150
100 City Manager 50,776 309 DWI Forfeiture 6,142
101 Legislative 2,129 315 Economic Development 312,830
102 Legal Counsel 43,181 445 Cable PEG 9,100
110 City Clerk 743 502 Park Development 23,276
111 Customer Service 6,322 509 CIP Fund 3,299
112 Human Resources 758 512 CIP Trails 2,714
113 Communications 19,031 513 CIP Pavement Management 10,130
114 Benefits & Training 5,844 522 Improvement Projects 2006 9,231
130 Assessing 1,009 526 Transportation Fund 4,190
131 Finance 11,838 528 Shady Oak Rd-CR 61 North 5,722
132 Housing and Community Services 16,348 532 EP Road Connect Flying Cloud 4,170
133 Planning 3,078 538 SingleTree Lane South 86
136 Public Safety Communications 3,623 804 100 Year History 34
137 Economic Development 35 Total Capital Projects Fund 392,073
138 Community Development Admin.1,603
151 Park Maintenance 29,939 601 Prairie Village Liquor 214,942
153 Organized Athletics 111 602 Den Road Liquor 422,174
154 Community Center 45,431 603 Prairie View Liquor 272,401
156 Youth Programs 12,229 605 Den Road Building 2,827
157 Special Events 22 701 Water Enterprise Fund 597,462
158 Senior Center 5,424 702 Wastewater Enterprise Fund 726,335
159 Recreation Administration 22,378 703 Stormwater Enterprise Fund 14,463
160 Therapeutic Recreation 128 Total Enterprise Fund 2,250,604
162 Arts 5,065
163 Outdoor Center 2,393 802 494 Commuter Services 50,745
168 Arts Center 1,270 806 SAC Agency Fund 2,485
180 Police Sworn 74,588 807 Benefits Fund 1,403,470
184 Fire 59,872 809 Investment Fund 3,359
186 Inspections 2,255 812 Fleet Internal Service 197,050
200 Engineering 3,549 813 IT Internal Service 346,275
201 Street Maintenance 117,553 814 Facilities Capital ISF 98,531
202 Street Lighting 73,298 815 Facilites Operating ISF 104,437Total General Fund 969,196 816 Facilites City Center ISF 108,697
817 Facilites Comm. Center ISF 159,252
301 CDBG 25,531 Total Internal Svc/Agency Funds 2,474,301
303 Cemetary Operation 18
TotalSpecial Revenue Fund 25,550 Report Total 6,111,723
City of Eden PrairieCouncil Check Register by GL
4/21/2020
Check #Amount Supplier / Explanation Account Description Business Unit Comments
274468 352,677 METROPOLITAN COUNCIL Other Revenue Wasterwater Collection Wastewater Svc fee May20/SAC charges Mar20
273975 350,217 METROPOLITAN COUNCIL MCES User Fee Stormwater Collection Wastewater Svc fee Apr20
273953 299,914 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Premiums Apr20
274279 292,195 COMMERCIAL PARTNERS TITLE LLC Accounts Receivable Economic Development Fund TOD grant-Trail Pointe Ridge/Smith village
7576 266,434 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 03.13.20
7599 256,579 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 03.27.20
1025180 254,211 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Wastewater Capital Ground storage reservoir/Pump station
273995 236,142 TWIN CITIES & WESTERN RAILROAD COMPANY Improvement Contracts General Fixed Asset Account Gr Railroad Crossing Signal Agreement
7574 187,973 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 02.28.20
7597 187,349 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 03.13.20
273996 170,531 TYLER TECHNOLOGIES INC Software Maintenance IT Operating New World Annual Maint 2020
274128 108,524 EBERT CONSTRUCTION Building General Fixed Asset Account Gr Staring Lake Pavillion
274165 106,769 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store Liquor stores invoice payments
7567 101,803 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Feb20
1025055 87,793 XCEL ENERGY Electric General Community Center
1025138 84,699 XCEL ENERGY Electric Street Lighting
1025086 78,015 METROPOLITAN MECHANICAL CONTRACTORS Other Contracted Services Facilities Capital
7589 76,810 USB-PURCHASING CARD Other Revenue Arts Center
274107 72,798 CARGILL INC Salt Snow & Ice Control
274354 70,131 TENVOORDE FORD, INC.Autos Fleet - Police102508468,312 LOGIS Network Support IT Operating
274450 56,026 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1025129 50,992 PRAIRIE ELECTRIC COMPANY Building Fire Station #1
1025083 44,272 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud
274357 37,711 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
1025112 36,144 ADVANCED ENGINEERING & ENVIRONMENTAL SE Repair & Maint. Supplies Water Capital
273963 33,465 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
273988 28,846 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
7578 26,942 EMPOWER Deferred Compensation Health and Benefits
274383 26,346 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost
7601 25,967 EMPOWER Deferred Compensation Health and Benefits
1025099 25,811 XCEL ENERGY Electric Wastewater Lift Station
1025035 25,552 CENTERPOINT ENERGY Gas General Community Center
274311 25,106 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
273882 25,000 SOJOURNER PROJECT INC.Other Contracted Services Police Sworn
1025116 24,708 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs
1024988 24,352 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
1025167 23,083 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs
274228 22,928 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
273843 21,809 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
274347 21,518 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1025100 20,500 XCEL ENERGY Electric City Center - CAM
7577 20,263 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
7600 20,210 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
7606 18,940 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store27444616,944 HOUSE OF PRINT Printing Community Brochure
1025115 16,829 CENTERPOINT ENERGY Gas Staring Lake
1025092 16,439 SRF CONSULTING GROUP INC Design & Engineering Shady Oak Rd-CR 61 North
274418 16,365 CRYSTEEL TRUCK EQUIPMENT Autos Fleet Capital
Check #Amount Supplier / Explanation Account Description Business Unit Comments27415816,244 HP INC Computers IT Capital
274214 16,029 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
274182 15,676 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
274205 15,419 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
7564 15,380 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
7565 15,358 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
1024981 15,277 ASPEN EQUIPMENT CO.Equipment Parts Fleet - Park & Rec
274186 15,000 MEMORY INNOVATION LLC EMS Supplies Fire
274449 14,786 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
7580 14,695 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
274144 14,676 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
274340 14,627 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
274306 14,175 HP INC Computers IT Operating
273918 13,746 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
7585 13,076 FURTHER - AKA SELECT HSA - Employee Health and Benefits
7603 13,051 FURTHER - AKA SELECT HSA - Employee Health and Benefits
274309 13,001 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
1025171 12,832 HANSEN THORP PELLINEN OLSON Design & Engineering Capital Maint. & Reinvestment
274164 12,624 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
273883 12,549 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
274113 12,000 CLIFTONLARSONALLEN LLP Audit & Financial Organizational Services
274433 11,475 GARDNER BUILDERS Other Contracted Services Facilities Capital
274379 11,390 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1025177 11,240 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC City Center - CAM27448710,796 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
274427 10,708 EARL F ANDERSEN INC Signs Elections
274172 10,650 LANDMARK REMODELING LLC Other Contracted Services Rehab757910,620 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
1025052 10,586 WALL TRENDS INC Contract Svcs - General Bldg Senior Center
273802 10,444 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
274274 10,378 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
7562 10,196 FURTHER - AKA SELECT HSA - Employer Health and Benefits
273842 10,187 JOHN HENRY FOSTER MINNESOTA INC Contract Svcs - General Bldg Maintenance Facility
274141 10,054 GRAYMONT Treatment Chemicals Water Treatment
273950 10,002 GRAYMONT Treatment Chemicals Water Treatment
273917 10,000 BURNET TITLE Accounts Receivable TIF-Eden Shores Senior Housing
1025044 9,972 MITY-LITE INC Building Park Acquisition & Development
273972 9,842 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
273791 9,783 ACT RESTORATION Capital Under $25,000 Senior Center
274298 9,772 GRAYMONT Treatment Chemicals Water Treatment
7604 9,389 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
274369 9,250 PROP Other Contracted Services Housing and Community Service
274203 9,188 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1025010 9,100 AVI SYSTEMS INC Other Contracted Services Cable PEG
1025148 9,030 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink City Center - CAM
274294 8,945 FOREST BIOMEDICAL Laboratory Chemicals Water Treatment
274250 8,824 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
274405 8,794 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
274529 8,667 EDGECONNEX INC AR Utility Water Enterprise Fund10251858,616 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
7587 8,595 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
274392 8,556 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
273841 8,456 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments2742388,369 UNITED SYSTEMS & SOFTWARE INC Capital Under $25,000 Water Metering
1025161 8,314 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital
1025081 8,307 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld General Fund
273961 7,984 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
273971 7,755 MACQUEEN EQUIPMENT INC Equipment Parts Wasterwater Collection
274378 7,710 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
274314 7,701 LAKE COUNTRY DOOR LLC Building Repair & Maint.Utility Operations - General
274513 7,689 SSI KEF SLB LLC Electric Maintenance Facility
274272 7,500 CAMP BOW WOW EDEN PRAIRIE Deposits General Fund
274194 7,266 NAC Capital Under $25,000 Senior Center
274086 7,236 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
274492 7,188 PRINTING ENTERPRISES INC Printing Prairie View Liquor Store
274170 7,121 KORTERRA, INC Other Contracted Services Utility Operations - General
274367 6,927 PROP Other Contracted Services CDBG - Public Service
1025176 6,894 METRO SALES INCORPORATED*Other Rentals IT Operating
274251 6,875 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
274474 6,825 MN BOARD OF FIREFIGHTER TRG & ED / DPS Dues & Sub-Cert & Licensing Fire
273785 6,781 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
274485 6,711 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1024966 6,634 GREENSIDE INC Contract Svcs - Snow Removal City Center - CAM
7609 6,632 CARD CONNECT Bank and Service Charges Community Center Admin
274097 6,590 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
273875 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
274381 6,441 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store75956,417 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
273939 6,365 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police
273893 6,252 VERIZON WIRELESS Cell/Pager Plans Facilities Staff2740856,240 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
273901 6,188 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
274516 6,037 STATE OF MINNESOTA Autos Fleet - Park & Rec
274240 5,924 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
273902 5,879 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
274105 5,832 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
274364 5,781 XTREME INTEGRATION Other Contracted Services IT Operating
273983 5,681 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
273794 5,183 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
7593 5,140 FURTHER - AKA SELECT HRA Health and Benefits
1025122 5,125 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
273864 5,122 NOKOMIS SHOE SHOP Clothing & Uniforms Street Maintenance
273867 5,091 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
273892 5,083 US POSTMASTER - HOPKINS Postage Community Brochure
274443 5,045 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
1025121 5,030 HAWKINS INC Treatment Chemicals Water Treatment
273828 5,010 GRAYMONT Treatment Chemicals Water Treatment
274374 5,000 KLINGELHUTZ DEVELOPMENT CO.Deposits General Fund
273830 4,946 H & L MESABI Equipment Parts Fleet Operating
274171 4,945 K-TECH SPECIALTY COATINGS, INC Salt Snow & Ice Control
1024996 4,906 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Ice Operations
1025124 4,890 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering2744364,822 GRAYMONT Treatment Chemicals Water Treatment
274187 4,819 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
273817 4,810 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating
274511 4,807 SOCCER SHOTS Instructor Service Preschool Events
Check #Amount Supplier / Explanation Account Description Business Unit Comments2738694,584 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
273954 4,534 HEALTHPARTNERS Payroll-Program Manager 494 Corridor Commission
274503 4,482 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fire
274362 4,454 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
274146 4,421 GYM WORKS Equipment Repair & Maint Fitness Center
274336 4,417 PATIO FURNITURE REFINISHING INC.Signs Traffic Signs
1025110 4,404 VAN PAPER COMPANY Direct SuperValu City Center - CAM
274088 4,349 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
273898 4,330 POSTMASTER Postage Communications
1025071 4,293 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
273949 4,283 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
274329 4,221 MUELLER CO Capital Under $25,000 Water Metering
1025169 4,218 GENUINE PARTS COMPANY Operating Supplies Ice Arena Maintenance
274235 4,190 TAPCO Signs Transportation Fund
273900 4,177 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
274253 4,172 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
274377 4,134 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
274451 4,120 JOHNSON FITNESS & WELLNESS Capital Under $25,000 Fitness Center
274201 4,117 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
274388 4,100 AMERICAN ARTSTONE COMPANY Equipment Repair & Maint Traffic Signals
1025093 4,080 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
273786 4,063 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
274445 4,040 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1025098 4,031 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store10251564,029 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Street Maintenance
1025113 3,991 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
274124 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Principal Economic Development Fund2744243,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Principal Economic Development Fund
274523 3,945 VERIZON WIRELESS Other Contracted Services IT Operating
273946 3,938 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating
274389 3,888 AMERICAN WATER WORKS ASSOCIATION Dues & Subscriptions Utility Operations - General
7590 3,877 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
273973 3,866 MCPHILLIPS BROS ROOFING CO Other Contracted Services Facilities Capital
274143 3,851 GREEN LIGHTS RECYCLING INC Capital Under $25,000 Water Metering
1024998 3,845 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Senior Center
273886 3,841 STRAND MANUFACTURING CO INC Repair & Maint. Supplies Water Treatment
274380 3,789 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
274261 3,775 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
273903 3,745 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
1025001 3,709 STREICHERS Protective Clothing Police Sworn
274109 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General
7608 3,660 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
274406 3,640 CARLO LACHMANSINGH SALES INC Operating Supplies Street Lighting
274252 3,612 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
274083 3,585 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
274366 3,577 PROP Other Contracted Services CDBG - Public Service
1024980 3,558 A-SCAPE INC Contract Svcs - Snow Removal Building 51
274243 3,535 WINGS FINANCIAL CREDIT UNION Miscellaneous DWI Forfeiture
274322 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission2743323,499 ONE ETHANOL LLC EMS Supplies Fire
274242 3,494 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
274360 3,484 VERIZON WIRELESS Data Plans - Police E-911 Program
274166 3,467 JOHNSON CONTROLS Contract Svcs - HVAC General Community Center
Check #Amount Supplier / Explanation Account Description Business Unit Comments2738943,433 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment
7591 3,359 PFM ASSET MANAGEMENT LLC Interest Investment Fund
7572 3,341 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
274248 3,323 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
274249 3,318 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
274495 3,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications
273837 3,233 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
273796 3,200 BADGER STATE INSPECTION LLC Design & Engineering Water Treatment
274472 3,087 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
273821 3,085 EXPLORER POST 925 Miscellaneous Volunteers
274344 3,040 SAFETY VEHICLE SOLUTIONS Autos Fire
1025143 3,039 BRAUN INTERTEC CORPORATION Design & Engineering Water Capital
1025075 3,038 VAN PAPER COMPANY Cleaning Supplies City Center - CAM
274084 3,005 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
273876 3,000 RILEY PURGATORY BLUFF CREEK WATERSHED DI Testing Stormwater Non-Capital
273984 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
274262 2,994 ASPEN MILLS Clothing & Uniforms Fire
1025102 2,964 CLAREY'S SAFETY EQUIPMENT Clothing & Uniforms Utility Operations - General
273847 2,914 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
274458 2,914 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
1025158 2,912 VAN PAPER COMPANY Cleaning Supplies General Community Center
274222 2,905 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
273987 2,893 SAFETY VEHICLE SOLUTIONS Repair & Maint. Supplies Fire
274400 2,883 BOLTON & MENK INC Design & Engineering General Fund10251652,873 CDW GOVERNMENT INC.Operating Supplies Wastewater Capital
274337 2,825 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1025128 2,798 POMP'S TIRE SERVICE INC Tires Fleet Operating2738542,775 MANSFIELD OIL COMPANY Contract Svcs - Fire/Life/Safe Utility Operations - General
273966 2,750 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating
273962 2,728 JOHN HENRY FOSTER MINNESOTA INC Contract Svcs - General Bldg Maintenance Facility
274102 2,689 BOLTON & MENK INC Deposits Improvement Projects 2006
7581 2,675 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1025027 2,664 VAN PAPER COMPANY Cleaning Supplies City Center - Tenant Cost
274407 2,606 CENTURYLINK Telephone City Center - CAM
274305 2,604 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
274133 2,603 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating
1025002 2,600 UNIQUE PAVING MATERIALS Gravel Water Distribution
273889 2,588 TARGETSOLUTIONS LEARNING, LLC Software Maintenance IT Operating
273857 2,580 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire
274087 2,518 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
274282 2,500 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal
274512 2,500 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service
1025021 2,475 MPX GROUP, THE Printing Senior Center Admin
1024975 2,458 VAN PAPER COMPANY Cleaning Supplies General Community Center
1025163 2,436 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
273956 2,430 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
273899 2,423 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
273788 2,318 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
273911 2,312 BAMFORD REED Other Contracted Services Rehab10250342,291 CDW GOVERNMENT INC.Computers IT Operating
273820 2,286 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police
7607 2,252 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
274509 2,222 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments2742462,213 ZDRILL, LEO Miscellaneous DWI Forfeiture
273904 2,179 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
273850 2,176 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating
273808 2,156 CORE & MAIN Repair & Maint. Supplies Water Metering
274376 2,130 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
274299 2,118 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
273863 2,085 NAC Contract Svcs - Plumbing City Center - CAM
1025054 2,023 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
274156 2,008 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
274464 2,004 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
274162 1,995 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
1024974 1,991 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating
273787 1,990 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
7563 1,988 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission
7592 1,985 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
273853 1,952 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Wasterwater Collection
1025120 1,942 GRAYBAR Equipment Repair & Maint Traffic Signals
273835 1,939 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
274289 1,938 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Elevate Apts
273909 1,935 ARVIG Fiber Lease Payments IT Operating
274393 1,935 ARVIG Fiber Lease Payments IT Operating
274333 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service
273967 1,840 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions Stormwater Non-Capital
1025006 1,834 STUFFT LAUREN Deposits General Fund2741361,822 FIRE SAFETY USA INC Equipment Parts Fire
1025028 1,822 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1025078 1,818 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store2743261,800 MINT CONDITION DETAILING INC Equipment Repair & Maint Fire
274528 1,788 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
273999 1,776 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1025125 1,773 METRO SALES INCORPORATED*Equipment Rentals IT Operating
1025048 1,771 SPS COMPANIES Repair & Maint - Ice Rink Ice Arena Maintenance
274138 1,750 GOODPOINT TECHNOLOGY INC Design & Engineering CIP Pavement Management
1025039 1,748 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment
273945 1,734 FIRE SAFETY USA INC EMS Supplies Fire
274257 1,700 ALTERNATIVE BUSINESS FURNITURE INC Office Supplies Utility Operations - General
274160 1,699 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
273908 1,691 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
273856 1,675 MEGA BEER Liquor Product Received Prairie Village Liquor Store
1025174 1,656 MENARDS Operating Supplies Water Treatment
274345 1,650 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
1025175 1,638 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM
274368 1,609 PROP Other Contracted Services CDBG - Public Service
274285 1,591 DOMACE VINO Liquor Product Received Den Road Liquor Store
1025085 1,579 MENARDS Supplies - General Bldg City Hall (City Cost)
274140 1,574 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
273888 1,568 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
274275 1,538 CDW GOVERNMENT INC.Software Maintenance IT Operating
274461 1,535 LUBE-TECH & PARTNERS LLC Equipment Repair & Maint Fleet Operating2738601,534 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications
273868 1,514 PERA Payroll-ExecutiveDirector 494 Corridor Commission
274208 1,500 PROMO WORLD LLC Incentives 494 Corridor Commission
274255 1,500 ACTIVE 911 INC Software Maintenance IT Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments2744771,500 NESSLER STEVEN Tuition Reimbursement/School Organizational Services
274432 1,500 GALLS LLC Miscellaneous Volunteers
273872 1,499 QUETICA LLC Other Contracted Services Facilities Capital
274456 1,461 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #3
274439 1,450 H & L MESABI Equipment Parts Fleet Operating
273855 1,448 MARCO INC Operating Supplies IT Operating
274276 1,439 CENTURYLINK Telephone IT Operating
273834 1,435 HIGHWAY 5 BP Equipment Repair & Maint Fire
273819 1,423 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council
1024979 1,422 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
274210 1,394 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
274245 1,364 YORKTOWN OFFICES Rent 494 Corridor Commission
274447 1,359 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
274339 1,350 PETERSON COUNSELING AND CONSULTING Tuition Reimbursement/School Police Sworn
1024983 1,349 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
273970 1,341 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1025159 1,337 VINOCOPIA Liquor Product Received Prairie View Liquor Store
274417 1,335 CORE & MAIN Repair & Maint. Supplies Water Distribution
1025067 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
1024987 1,333 COMPRESSED AIR CONCEPTS LLLC Supplies - General Bldg Maintenance Facility
1025139 1,332 ZIEGLER INC Equipment Parts Street Maintenance
7584 1,325 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
1025188 1,314 ZIEGLER INC Equipment Parts Fleet Operating
274217 1,306 SAFETY SIGNS Equipment Repair & Maint Water Distribution2742661,305 BENDER, CAROL C Operating Supplies Heritage Preservation
274342 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
273829 1,300 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions2737841,296 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
274206 1,275 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
274338 1,275 PERA Payroll-Program Manager 494 Corridor Commission
274515 1,271 STAPLES ADVANTAGE Office Supplies Police Sworn
1025089 1,257 MULCAHY COMPANY INC Supplies - HVAC Ice Arena Maintenance
274416 1,250 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development
274467 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service
1025029 1,237 A-SCAPE INC Contract Svcs - Snow Removal Arts Center
1024965 1,231 GOODIN COMPANY Supplies - Pool Dunn Brothers
1025004 1,229 VISTAR CORPORATION Merchandise for Resale Concessions
274395 1,224 BARKER HAMMER & ASSOCIATES INC Repair & Maint. Supplies Facilities Capital
1025170 1,222 GRAINGER Repair & Maint. Supplies Utility Operations - General
1025186 1,206 XCEL ENERGY Electric Traffic Signals
1025097 1,195 WALL TRENDS INC Contract Svcs - General Bldg Senior Center
1024982 1,191 ASPEN WASTE SYSTEMS INC.Waste Disposal Arts Center
274302 1,177 HAYEN, LINDA Other Contracted Services Winter Theatre
274399 1,176 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
273965 1,175 KAISER, DAVID S Equipment Repair & Maint Fitness Center
274307 1,173 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1025005 1,170 WATSON CO INC, THE Merchandise for Resale Concessions
273928 1,160 COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs - Ice Rink Ice Arena Maintenance
7586 1,150 FURTHER - AKA SELECT Other Contracted Services Health and Benefits2739251,146 COACH CLIFF'S GAGA BALL PITS LLC Operating Supplies Youth Programs Admin
274315 1,135 LANO EQUIPMENT INC Equipment Parts Snow & Ice Control
274327 1,127 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1025111 1,106 VINOCOPIA Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments10250881,105 MITY-LITE INC Building Park Acquisition & Development
273895 1,105 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
274465 1,083 MARCO INC Hardware - R&M IT Operating
274247 1,079 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Police (City Cost)
274493 1,073 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
274478 1,052 NOKOMIS SHOE SHOP Clothing & Uniforms Engineering
1025057 1,047 AMERIPRIDE LINEN & APPAREL SERVICES Operating Supplies-Linens Den Road Liquor Store
274260 1,041 ANDERSON TIMOTHY Operating Supplies Winter Theatre
1025037 1,037 GRAINGER Repair & Maint. Supplies Water Treatment
273783 1,033 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1025042 1,021 METROPOLITAN MECHANICAL CONTRACTORS Supplies - HVAC Fitness/Conference - Cmty Ctr
273924 1,021 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1025137 1,021 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1025133 1,009 STREICHERS Clothing & Uniforms Police Sworn
274169 1,007 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Fitness Classes
274185 1,004 MEGA BEER Liquor Product Received Prairie View Liquor Store
274153 1,000 HILDI INC Audit & Financial Finance
274174 1,000 LIFE SUPPORT INNOVATIONS Conference/Training Fleet Operating
274435 987 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
274498 985 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store
274234 975 TACTICAL SOLUTIONS INC Operating Supplies Police Sworn
1025066 960 INTEREUM INC Supplies - General Bldg Police (City Cost)
274094 950 AIRGAS USA LLC Supplies - Pool Pool Maintenance
274317 949 LHB INC Design & Engineering Sustainable Eden Prairie274385940AIRGAS USA LLC Supplies - Pool Pool Maintenance
1025136 938 WATSON CO INC, THE Merchandise for Resale Concessions
274284 929 DODGE OF BURNSVILLE Equipment Parts Fleet Operating274318926LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1024969 921 PROSOURCE SUPPLY Supplies - General Bldg Pool Maintenance
274310 920 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
273792 920 AIRGAS USA LLC Supplies - Pool Pool Maintenance
1025068 914 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
1025032 914 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
273797 912 BATTERIES PLUS Repair & Maint - Ice Rink Ice Arena Maintenance
7566 910 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
274215 909 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events
274518 900 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection
274386 896 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Hall (City Cost)
274466 874 MARS SUPPLY Operating Supplies Fleet Operating
274188 870 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
274241 865 VIDEOTRONIX INC Capital Under $25,000 Facilities Capital
1025076 859 VINOCOPIA Liquor Product Received Prairie View Liquor Store
274150 853 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint IT Operating
274256 850 ALSDURF LORI Other Contracted Services Winter Theatre
1025166 850 DAKOTA SUPPLY GROUP INC Capital Under $25,000 Water Metering
274227 845 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
273803 845 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
273982 844 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
274293 843 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating274353835SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1025162 834 YOUNGSTEDTS COLLISION CENTER Autos Fleet - Police
1025007 825 ALBERS, JASON Video & Photo Supplies Fire
1025114 821 CDW GOVERNMENT INC.Computers IT Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments1025183821STREICHERSClothing & Uniforms Police Sworn
274268 820 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
1025038 815 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
274437 801 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
274519 780 THE ADVENT GROUP Temp 494 Corridor Commission
274520 768 TRANSPORT GRAPHICS Repair & Maint. Supplies Fire
274120 761 CTM SERVICES, INC.Repair & Maint - Ice Rink Ice Arena Maintenance
274363 760 XIONG, AE P&R Refunds Community Center Admin
1025173 759 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals
274423 750 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance
273998 748 WATSON FURNITURE GROUP Equipment Repair & Maint E-911 Program
273960 744 J H LARSON COMPANY Supplies - Electrical General Community Center
274484 726 PAPCO INC Janitor Service General Community Center
1025087 726 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
274163 725 INTERTECH INC Contract Development IT Operating
273827 717 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
273940 715 ERNIE ROSE GOLF Other Contracted Services Senior Center Programs
274494 712 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
274473 706 MINVALCO INC Supplies - HVAC City Center - CAM
273993 699 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
274296 697 GITCH GEAR LLC Liquor Product Received Prairie View Liquor Store
273890 690 THE ADVENT GROUP Temp 494 Corridor Commission
274264 682 BECKER ARENA PRODUCTS INC Operating Supplies Ice Arena Maintenance
274359 680 US DIGITAL DESIGNS Equipment Repair & Maint Public Safety Communications274410678CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
274100 676 AT YOUTH PROGRAMS LLC Instructor Service Tennis
1025123 664 MENARDS Operating Supplies Water Distribution1025033661BIFFS INC Waste Disposal Park Maintenance
274355 660 THE ADVENT GROUP Temp 494 Corridor Commission
274161 658 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1025016 653 FASTENAL COMPANY Operating Supplies Fleet Operating
7598 650 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
7575 647 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
274232 645 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
274401 641 BOUND TREE MEDICAL LLC EMS Supplies Fire
1025062 638 CUMMINS NORTH CENTRAL INC Equipment Repair & Maint Fleet Operating
1024989 637 GRAINGER Safety Supplies Utility Operations - General
273921 636 CENTURYLINK Telephone IT Operating
273936 610 DOMACE VINO Liquor Product Received Den Road Liquor Store
273994 600 THE ADVENT GROUP Temp 494 Corridor Commission
274236 600 THE ADVENT GROUP Temp 494 Corridor Commission
274343 600 REACH Licenses, Taxes, Fees Ice Operations
274438 600 GREYSTONE CONSTRUCTION COMPANY Equipment Repair & Maint Fleet Operating
1025056 594 ALBERS, JASON Video & Photo Supplies Fire
1024992 593 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells)
274193 589 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
273929 583 CORVEL REHABILITATION SERVICES Other Contracted Services Organizational Services
1025082 582 GRAINGER Repair & Maint. Supplies Park Maintenance
273896 578 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Street Lighting1025030572ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
273907 571 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Fleet Operating
274463 570 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
273974 563 METROPOLITAN COMPOUNDS INC Repair & Maint. Supplies Wasterwater Collection
Check #Amount Supplier / Explanation Account Description Business Unit Comments1024994561MENARDSRepair & Maint. Supplies Arts Center
274349 560 ST. MARY'S UNIVERSITY P&R Refunds Community Center Admin
273959 560 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
274112 558 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
274200 548 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1024971 546 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance
1025109 543 THE OASIS GROUP Employee Assistance Organizational Services
7571 537 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
273790 535 ABRA AUTO BODY & GLASS Equipment Repair & Maint Fleet Operating
274490 531 PRINCIPAL FINANCIAL GROUP Payroll-Program Manager 494 Corridor Commission
1025160 530 WEIGH-RITE SCALE CO, INC Repair & Maint. Supplies Water Treatment
273818 530 E A SWEEN COMPANY Merchandise for Resale Concessions
274183 529 MARCO INC Operating Supplies IT Operating
274403 522 BRO-TEX INC Operating Supplies Fleet Operating
273874 520 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
274384 520 ABRA AUTO BODY & GLASS Equipment Repair & Maint Fleet Operating
1024977 517 WILSON, JOHN D.Clothing & Uniforms Police Sworn
1025074 515 TOLL GAS AND WELDING SUPPLY Small Tools Utility Operations - General
273858 513 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
274230 509 STAPLES ADVANTAGE Office Supplies Customer Service
274448 505 J H LARSON COMPANY Supplies - Electrical Maintenance Facility
273979 504 NORTH AMERICAN SAFETY INC Repair & Maint. Supplies Water Distribution
274286 504 E A SWEEN COMPANY Merchandise for Resale Concessions
273887 501 SUBURBAN CHEVROLET Equipment Parts Fleet Operating274176500LONESTAR PLUMBING Equipment Repair & Maint Water Metering
274288 500 EDEN PRAIRIE NOON ROTARY CLUB Contributions Housing and Community Service
274444 500 HIGHMARK RESTORATIONS Repair & Maint. Supplies Facilities Capital274452500JTW ASSOCIATES LLC Small Tools Fire
274142 497 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
1025020 496 METROPOLITAN FORD Equipment Parts Fleet Operating
1025094 496 STREICHERS Clothing & Uniforms Police Sworn
273880 484 SIGNSOURCE Protective Clothing Fire
1025047 482 SHERWIN WILLIAMS CO Building Park Acquisition & Development
273813 482 DIRECTV Cable TV Community Center Admin
273951 479 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
1025189 478 BOYER TRUCKS Equipment Parts Fleet Operating
274308 478 J H LARSON COMPANY Supplies - Electrical General Community Center
274177 478 LUBE-TECH & PARTNERS LLC Equipment Testing/Cert.Fleet Operating
1025179 474 REINDERS INC Chemicals Park Maintenance
273851 474 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
273838 467 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1025065 465 GREENSIDE INC Contract Svcs - Snow Removal City Center - CAM
274281 464 CORE & MAIN Repair & Maint. Supplies Water Distribution
274425 458 DOMACE VINO Liquor Product Received Den Road Liquor Store
1025141 457 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store
273914 456 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
273825 455 GALLS LLC Clothing & Uniforms Volunteers
273930 452 COVERTTRACK GROUP Other Contracted Services Police Sworn
1024995 448 METRO SALES INCORPORATED*Equipment Rentals IT Operating1025012448BLOOMINGTON SECURITY SOLUTIONS Supplies - General Bldg City Hall (City Cost)
1025187 448 ZARNOTH BRUSH WORKS INC.Equipment Parts Fleet Operating
1025043 445 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
273782 444 PETTY CASH-POLICE DEPT Office Supplies Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments7596444SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
274459 443 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
273986 440 SAFEASSURE CONSULTANTS INC Conference/Training Fleet Operating
273905 438 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
274211 438 QUETICA LLC Other Contracted Services Facilities Capital
273952 437 HALE INDUSTRIES INC Other Contracted Services Facilities Capital
273852 432 M R SIGN Signs Traffic Signs
273913 432 BIG STATE INDUSTRIAL SUPPLY INC Clothing & Uniforms Utility Operations - General
1025024 427 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance
274022 426 DOUGLAS FICK AR Utility Water Enterprise Fund
274335 425 PAPER ROLL PRODUCTS Printers -Accessories IT Operating
274101 418 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1025015 417 CUMMINS NORTH CENTRAL INC Equipment Repair & Maint Fleet Operating
1025036 415 FERRELLGAS Gas Outdoor Center
1025168 415 FERRELLGAS Gas Outdoor Center
274408 415 CENTURYLINK Internet IT Operating
1025106 414 GOODIN COMPANY Supplies - Fire/Life/Safety City Center - CAM
274300 414 GREAT WATERS FINANCIAL P&R Refunds Community Center Admin
1025053 409 WATSON CO INC, THE Merchandise for Resale Concessions
274491 409 PRINT SOURCE MINNESOTA Printing Community Center Admin
273989 407 STAPLES ADVANTAGE Office Supplies Customer Service
1024964 407 FASTENAL COMPANY Equipment Parts Traffic Signs
1024997 406 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
273840 402 JESSE TREBIL FOUNDATION SYSTEM INC Building Permits General Fund1025126402METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC City Center - CAM
273985 398 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
274132 395 EDINA CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission274431393FISHER SCIENTIFIC Cleaning Supplies Utility Operations - General
274106 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service
1025103 384 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance
1025157 383 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating
274119 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
274048 380 MARK NARAYAN AR Utility Water Enterprise Fund
274091 379 ACME TOOLS Operating Supplies Park Maintenance
1025178 379 PREMIUM WATERS INC Operating Supplies - Water Fire
273814 377 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
274382 370 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
273795 367 ASPEN MILLS Clothing & Uniforms Police Sworn
1025011 365 BERRY COFFEE COMPANY Merchandise for Resale Concessions
274191 365 MINVALCO INC Supplies - HVAC Arts Center
274475 365 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
274419 364 DALCO Cleaning Supplies Facilities Capital
273910 361 ASPEN MILLS Clothing & Uniforms Fire
1025146 355 FASTENAL COMPANY Operating Supplies Fleet Operating
273981 350 PARAGON DEVELOPMENT SYSTEMS Other Contracted Services IT Operating
274290 350 ENVIRONMENTAL INITIATIVE Dues & Subscriptions Utility Operations - General
1025172 346 JANEX INC Cleaning Supplies Park Shelters
273938 345 EARL F ANDERSEN INC Signs Traffic Signs
273992 345 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store273980345OMEGA INDUSTRIES Operating Supplies Park Maintenance
274108 345 CARR, CHRISTY P&R Refunds Community Center Admin
1025031 344 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
1025117 343 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM
Check #Amount Supplier / Explanation Account Description Business Unit Comments273885342STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1025041 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating
273809 336 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
1024990 335 HANSEN THORP PELLINEN OLSON Other Contracted Services General Fixed Asset Account Gr
273816 334 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
273941 330 ESTRINE, ROBERT Other Contracted Services Community Band
273793 329 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
1025147 329 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
273915 324 BOUND TREE MEDICAL LLC EMS Supplies Fire
274321 323 MARCO INC Operating Supplies IT Operating
274271 320 BRION MOLLY P&R Refunds Community Center Admin
274352 315 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
274334 315 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center
273942 313 FASTSIGNS Operating Supplies Fire
274123 311 DELTA DENTAL Payroll-Program Manager 494 Corridor Commission
273947 308 FREEZIAC Merchandise for Resale Concessions
274117 306 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
1025142 306 BOUNDLESS NETWORK Other Contracted Services Stormwater Non-Capital
273906 300 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
273937 300 DRAG N FLY WIRELESS INC Software Maintenance IT Operating
274135 300 EQUIPMENT COATING INC Equipment Repair & Maint Street Maintenance
1024976 297 VINOCOPIA Liquor Product Received Prairie View Liquor Store
274046 297 LISA REBER AR Utility Water Enterprise Fund
273944 295 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police Sworn273839294J H LARSON COMPANY Supplies - Electrical Den Bldg. - CAM
1025046 293 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
1025014 283 CONCRETE CUTTING AND CORING Equipment Parts Street Maintenance274325282MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Wastewater Lift Station
274220 278 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
274096 277 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
1025023 273 QUALITY PROPANE Equipment Parts Ice Arena Maintenance
273800 270 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1024963 270 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store
1024962 269 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Senior Center
273824 268 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
274421 267 DEALER AUTOMOTIVE SERVICES INC Autos Fleet Capital
274198 262 OLSEN CHAIN & CABLE Repair & Maint. Supplies Water Distribution
1024967 257 JOHNSTONE SUPPLY Supplies - Pool Maintenance Facility
7582 255 US BANK - PAYMODE Bank and Service Charges Finance
274044 255 LAURELLE CLARKE AR Utility Water Enterprise Fund
274304 255 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Waste Disposal Fleet Operating
273878 254 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
1025058 253 BARRIE SPENCER Clothing & Uniforms Police Sworn
274023 252 DOUGLAS STUKENBORG AR Utility Water Enterprise Fund
274482 252 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
1025101 250 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store
274179 245 LUEDTKE JAMES AR Utility Water Enterprise Fund
273801 244 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
274277 242 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store274127242EARL F ANDERSEN INC Signs Elections
274259 240 ANDERSON STEVE P&R Refunds Community Center Admin
274167 239 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Theatre Initiative
274049 239 MARLA EKMAN AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments274213239RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
274237 238 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
273923 238 CINTAS Operating Supplies Park Maintenance
274103 236 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
273977 234 NATIONAL TACTICAL OFFICERS ASSOCIATION Tuition Reimbursement/School Police Sworn
274139 230 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
273935 228 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
274330 224 NAIR RAJESH P&R Refunds Community Center Admin
274111 221 CINTAS CORPORATION Safety Supplies Community Center Admin
273891 220 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
274522 220 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
274047 214 LORIE BADIYAN AR Utility Water Enterprise Fund
1025095 213 TEE JAY NORTH INC Repair & Maint. Supplies Den Road Liquor Store
1024991 213 INDUSTRIAL FLOOR MAINTENANCE INC.Equipment Parts Fleet Operating
273845 213 JOHNSTONE SUPPLY Supplies - Pool Pool Maintenance
274229 209 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk
274212 208 REACH COMPANIES LLC Merchandise for Resale Concessions
1025045 208 MULCAHY COMPANY INC Supplies - Pool Pool Maintenance
1025009 207 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store
7568 206 OPTUM HEALTH Other Contracted Services Health and Benefits
273865 206 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
1025181 205 SPRINT Cell Phones 494 Corridor Commission
273823 201 FIRECOM Equipment Repair & Maint Public Safety Communications
274001 200 XIONG, AE P&R Refunds Community Center Admin274099200ASSOCIATION OF MN EMERGENCY MANAGERS Dues & Sub-Magazine etc Fire
274324 200 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie View Liquor Store
274219 198 SCHERER BROTHERS LUMBER CO Building Materials Park Maintenance274209196PROP - PR Charitable Contributions Health and Benefits
1024970 196 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
274137 195 FRISCHKORN, MONICA Deposits General Fund
274373 195 HOFFER, LINDA P&R Refunds Community Center Admin
273948 195 GALLS LLC Clothing & Uniforms Police Sworn
274233 194 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1025070 193 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
274026 192 ESTATE OF DONALD P NORWICH AR Utility Water Enterprise Fund
273958 192 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
1025184 192 W W GOETSCH ASSOCIATES INC Repair & Maint. Supplies Water Treatment
273926 190 COMCAST Internet IT Operating
274414 190 COMCAST Internet IT Operating
1025000 190 SPRINT Cell Phones 494 Corridor Commission
274258 189 AMERICAN PRESSURE INC Supplies - General Bldg Maintenance Facility
274481 189 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Park Maintenance
273964 188 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
274065 186 PAUL OCONNELL AR Utility Water Enterprise Fund
274316 186 LARKIN, KIRSTEN P&R Refunds Community Center Admin
274517 186 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
274060 186 NARESH ANAND AR Utility Water Enterprise Fund
274254 184 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair & Maint. Supplies Water Treatment
274055 182 MICHELLE STARR AR Utility Water Enterprise Fund7602181OPTUM HEALTH Other Contracted Services Health and Benefits
273969 180 LUBE-TECH & PARTNERS LLC Equipment Parts Fleet Operating
274303 180 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
1025144 180 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General
Check #Amount Supplier / Explanation Account Description Business Unit Comments273922178CHAN JANE AR Utility Water Enterprise Fund
274054 176 MICHELLE MCCARTY AR Utility Water Enterprise Fund
1025059 175 BORG, STEVE Travel Expense Utility Operations - General
273955 174 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
1025008 174 ALBERT, MICHAEL Travel Expense Utility Operations - General
1025072 174 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
274149 172 HENNEPIN COUNTY ATTORNEY'S OFFICE Miscellaneous DWI Forfeiture
274244 172 U CARE P&R Refunds Community Center Admin
274521 172 U CARE P&R Refunds Community Center Admin
1025107 172 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
273831 171 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
274297 170 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
274157 170 HOLMES, MEGHAN P&R Refunds Community Center Admin
274292 170 FELKER, BARBARA P&R Refunds Community Center Admin
274429 168 FELKER, BARBARA P&R Refunds Community Center Admin
7570 167 VANCO SERVICES Bank and Service Charges Wastewater Accounting
274372 165 BINNER CHRISTINE P&R Refunds Community Center Admin
274072 164 STEVEN WOLLERSTORFF AR Utility Water Enterprise Fund
1025182 162 STERICYCLE INC Other Contracted Services Police Sworn
274207 162 PRINT SOURCE MINNESOTA Printing Winter Theatre
273849 161 LENNOX INDUSTRIES INC.Supplies - HVAC Senior Center
274014 160 CHRISTINE HARTMAN AR Utility Water Enterprise Fund
274025 158 ERICH SELVIG AR Utility Water Enterprise Fund
1025049 157 STERICYCLE INC Other Contracted Services Police Sworn274471156MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
1024999 153 RAYMOND PRODUCTS CO INC Supplies - General Bldg City Center - CAM
274134 152 EPFSC P&R Refunds Community Center Admin274341151PRAIRIE LAWN AND GARDEN Small Tools Park Maintenance
1025069 151 OLSON, ROBERT Mileage & Parking Police Sworn
274089 150 ABDI, AMRAN P&R Refunds Community Center Admin
274110 150 CHAUHAN, RAVINDER P&R Refunds Community Center Admin
1025096 150 USA SECURITY Maintenance Contracts Water Treatment
1025080 148 CDW GOVERNMENT INC.Operating Supplies Outdoor Center
274291 145 FASTSIGNS Repair & Maint. Supplies Utility Operations - General
274147 144 HALE INDUSTRIES INC Building Repair & Maint.Utility Operations - General
273957 142 IDN-H. HOFFMAN, INC Supplies - General Bldg Pool Maintenance
274021 140 DENNIS SCOTT AR Utility Water Enterprise Fund
274507 139 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
273916 138 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
274042 138 KUN YANG AR Utility Water Enterprise Fund
274323 137 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
274036 136 JOHN MCGUIRE AR Utility Water Enterprise Fund
274092 136 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair & Maint. Supplies Water Treatment
1025064 136 FASTENAL COMPANY Safety Supplies Fleet Operating
274104 135 BOWER, DOREEN P&R Refunds Community Center Admin
1025090 135 PRAIRIE ELECTRIC COMPANY Other Contracted Services Street Lighting
1025140 135 ADAMS PEST CONTROL INC Building Repair & Maint.Utility Operations - General
1024972 133 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1025119 127 GRAINGER Repair & Maint. Supplies Water Metering273826125GARNHART ERICA Tuition Reimbursement/School Fitness Classes
273859 125 MOHN INGERID Tuition Reimbursement/School Fitness Classes
273871 125 POFERL, CHRISTOPHER Tuition Reimbursement/School Fitness Classes
273873 125 RECKER, KATHRYN ROSSO Tuition Reimbursement/School Fitness Classes
Check #Amount Supplier / Explanation Account Description Business Unit Comments273881125SMITH CARINA Tuition Reimbursement/School Fitness Classes
274184 125 MARTIN MOLLIE Tuition Reimbursement/School Fitness Classes
274319 125 LUX, EMILY LOUISE Other Contracted Services Winter Theatre
274115 123 COMCAST Cable TV Fire
274224 121 SHRED RIGHT Waste Disposal City Hall (City Cost)
273877 120 SCOTT COUNTY TREASURER Other Rentals Police Sworn
274469 120 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues & Sub-Cert & Licensing Fire
274204 120 PRAIRIE LAWN AND GARDEN Equipment Parts Street Maintenance
274078 119 VIKRAM NAMJOSHI AR Utility Water Enterprise Fund
273804 115 COMCAST Phone/Data/Web 494 Corridor Commission
274413 115 COMCAST Phone/Data/Web 494 Corridor Commission
274024 114 EARL STEIN AR Utility Water Enterprise Fund
274002 113 MINNESOTA CHIEFS OF POLICE ASSOC Printing Police Sworn
273919 112 CARVER COUNTY PARKS Other Contracted Services Skating Rinks/Warming Houses
274090 110 ACCELERATED TECHNOLOGIES LLC Equipment Repair & Maint Fitness Center
274192 110 MN DEPT. OF LABOR AND INDUSTRY Licenses, Taxes, Fees General Community Center
274152 109 HIGHWAY 5 BP Motor Fuels Fleet Operating
273866 109 OMNI BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
273798 108 BERGSTROM AMANDA Tuition Reimbursement/School Fitness Classes
1025145 107 CONCRETE CUTTING AND CORING Equipment Repair & Maint Street Maintenance
1025063 107 CUSTOM HOSE TECH Equipment Parts Fleet Operating
274151 107 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
1025154 106 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
274098 106 ASPEN MILLS Postage Fire274358104UNIVERSAL ATHLETIC SERVICES INC Awards Broomball
274041 103 KIRA PETERSON AR Utility Water Enterprise Fund
274346 103 SNAP-ON TOOLS Small Tools Fleet Operating273806103COMCASTCable TV Fire
274118 102 CORE & MAIN Repair & Maint. Supplies Park Maintenance
274168 101 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
273848 100 LEGEND TECHNICAL SERVICES INC.Office Supplies Police Sworn
274280 100 COMMUNITY ASSOCIATION GROUP P&R Refunds Community Center Admin
273799 100 BEUTZ, KARI Tuition Reimbursement/School Fitness Classes
1025127 99 NORCOSTCO Operating Supplies Winter Theatre
1025155 99 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
274071 97 STEPHANIE HEILIG AR Utility Water Enterprise Fund
274031 97 JAMES GLOVER AR Utility Water Enterprise Fund
274018 96 DAVE SPARKMAN AR Utility Water Enterprise Fund
1025132 94 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Utility Operations - General
273879 94 SHRED RIGHT Waste Disposal General Community Center
274488 94 POLAGANI SRINIVASARAO P&R Refunds Community Center Admin
274500 94 ROSSMILLER JAIME P&R Refunds Community Center Admin
274502 94 RYAN, MARIA P&R Refunds Community Center Admin
274504 94 SARAZINE MICHAEL P&R Refunds Community Center Admin
274514 94 STACK MICHELLE P&R Refunds Community Center Admin
273822 91 FIRE SAFETY USA INC Equipment Parts Fleet Operating
274173 91 LAURENT TIM Wages No Benefits Pickleball (CC)
274076 90 THE PEMTOM LAND COMPANY AR Utility Water Enterprise Fund
274199 90 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store27441190COMCASTInternetIT Operating
1025105 89 FASTENAL COMPANY Equipment Parts Fleet Operating
274479 88 NORTHERN TOOL Repair & Maint. Supplies Water Treatment
1025134 88 TOWMASTER INC Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments27408186WILLIS ERICKSON AR Utility Water Enterprise Fund
274043 86 KURT KRIPPENDORF AR Utility Water Enterprise Fund
274148 86 HANSEN, PATTI P&R Refunds Community Center Admin
1024978 86 WSB & ASSOCIATES INC Design & Engineering SingleTree Lane South
274223 86 SHEPARD, DAVID Training Fire
274038 85 KAITLIN MACLEOD AR Utility Water Enterprise Fund
1025018 81 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
273927 81 COMCAST Equipment Repair & Maint E-911 Program
274145 79 GS DIRECT Office Supplies Recreation Admin
274095 78 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
274032 78 JANNA NEWELL AR Utility Water Enterprise Fund
1024984 78 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
274270 78 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
274013 78 CATHY LAKE AR Utility Water Enterprise Fund
1025019 76 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
1025130 76 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
1025118 76 GINA MARIAS INC Operating Supplies Volunteers
274197 76 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration
273861 75 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
274122 75 DALAL, HUSSAIN P&R Refunds Community Center Admin
1025050 74 TWIN CITY FILTER SERVICE INC Building Repair & Maint.Utility Operations - General
274057 74 MINGYU XIAO AR Utility Water Enterprise Fund
1024993 74 JEFFERSON FIRE & SAFETY INC Clothing-TurnOut Gear Fire
274058 73 NAGA PASUMARTHY AR Utility Water Enterprise Fund27387072PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store
274239 72 UNITED WAY Charitable Contributions Health and Benefits
274062 72 OPENDOOR LABS INC AR Utility Water Enterprise Fund760571PAYCHEXPayroll Admin. Fees 494 Corridor Commission
1025040 71 MENARDS Building Materials General Community Center
7569 70 MONEY MOVERS INC Other Contracted Services Community Center Admin
274356 70 TODD JUDY P&R Refunds Community Center Admin
273789 69 HEINE MINDY Tuition Reimbursement/School Fitness Classes
274283 68 DELEGARD TOOL CO Small Tools Fleet Operating
274350 68 STAPLES ADVANTAGE Office Supplies Utility Operations - General
1025022 67 PORTA, KITTY Mileage & Parking Elections
1025073 67 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance
274116 67 COMCAST Cable TV Fire
1025061 67 CARLSTON, BRANDON Office Supplies Police Sworn
274045 66 LI YANG AR Utility Water Enterprise Fund
274154 65 HILLCOR PLUMBING LLC Plumbing Permits General Fund
1025013 64 CARLSON, KEVIN Mileage & Parking Utility Operations - General
274196 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
274453 64 JUNE JEANETTE P&R Refunds Community Center Admin
274082 64 YUBIKA BAN AR Utility Water Enterprise Fund
274068 63 RAJKUMAR RAJENDRAN AR Utility Water Enterprise Fund
274000 63 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
274035 63 JENNIFE RMOE AR Utility Water Enterprise Fund
1025060 62 BOSACKER MIKE Mileage & Parking Police Sworn
1025017 62 GOODIN COMPANY Supplies - Pool Pool Maintenance102514962LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
273932 61 CULLIGAN Corridor Comm. Misc 494 Corridor Commission
273846 60 KERIN, DORETT Inspection Fee Housing Inspections
273862 60 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments27430160HANSEN, PATTI P&R Refunds Community Center Admin
274387 60 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events
7573 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
7588 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
274129 58 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
273836 58 HOSE PROS, INC Repair & Maint. Supplies Park Maintenance
274050 57 MAXINE JOHNSON AR Utility Water Enterprise Fund
274216 56 RYAN, MARIA P&R Refunds Community Center Admin
274075 56 THE ERICSSON FAMILY TRUST AR Utility Water Enterprise Fund
274390 56 ANDERSON ELIZABETH P&R Refunds Community Center Admin
274017 54 DANIEL FRIEDRICHS AR Utility Water Enterprise Fund
274003 54 ALL AMERICAN TITLE AR Utility Water Enterprise Fund
273912 54 BECKER CLIFFORD P&R Refunds Community Center Admin
273805 53 COMCAST Cable TV Fire
274415 53 COMCAST Cable TV Fire
274114 53 COMCAST Internet IT Operating
274348 53 SPEEDPRO IMAGING INC Operating Supplies Gymnasium (CC)
274470 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
273991 52 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
274181 52 MAHONEY, DEBI Tuition Reimbursement/School Fitness Classes
274501 52 RUETZ AMY P&R Refunds Community Center Admin
1024985 51 BOYER TRUCKS Equipment Parts Fleet Operating
274428 50 EDEN PRAIRIE NOON ROTARY CLUB Conference/Training Housing and Community Service
274039 50 KATHRYN COLLINS AR Utility Water Enterprise Fund27383349HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance
273832 49 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
274079 48 VLADIMIR GRIBOVSKY AR Utility Water Enterprise Fund27400948BRIAN HOLSTEN AR Utility Water Enterprise Fund
274125 47 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
274397 47 BIERDEN LONA P&R Refunds Community Center Admin
274426 47 DURAND, MICHELLE P&R Refunds Community Center Admin
274442 47 HAUGO KELSEY P&R Refunds Community Center Admin
274460 47 LOULA STEPHANIE P&R Refunds Community Center Admin
274462 47 LUECKE TODD P&R Refunds Community Center Admin
274505 47 SCHEPERS EMILY P&R Refunds Community Center Admin
273997 46 VERIZON WIRELESS Other Contracted Services Park Maintenance
274412 45 COMCAST Cable TV Fire
1025079 45 BOYER TRUCKS Equipment Parts Fleet Operating
273931 43 CROWN MARKING INC Dues & Subscriptions Human Resources
1025131 42 SPRINT Cell/Pager Plans IT Operating
274004 41 BENJAMIN BUBLITZ AR Utility Water Enterprise Fund
274371 41 ASSOCIATED MECHANICAL CONT. INC Plumbing Permits General Fund
274015 41 DAN KEEFER AR Utility Water Enterprise Fund
274457 40 LAURENT TIM P&R Refunds Community Center Admin
274480 40 OBAKPONOVWE AKPOVI P&R Refunds Community Center Admin
273844 40 JOHNSON FITNESS & WELLNESS Training Supplies Police Sworn
274093 40 AHMAD, ASMA P&R Refunds Community Center Admin
274159 40 HUGHES BETTY P&R Refunds Community Center Admin
274328 40 MUEHLBAUER, THOMAS G Other Contracted Services Community Band102502539SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
274074 39 THE CARLSON FAMILY TRUST AR Utility Water Enterprise Fund
1025077 38 WAYTEK INC Equipment Parts Fleet Operating
274221 38 SEGURA, LAURIVETH P&R Refunds Community Center Admin
Check #Amount Supplier / Explanation Account Description Business Unit Comments27422638SIMONDS, KAYLA P&R Refunds Community Center Admin
274121 36 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers
274365 36 PROP P&R Refunds Community Center Admin
274007 36 BHARAT JAIN AR Utility Water Enterprise Fund
274066 35 PAULA BAKER AR Utility Water Enterprise Fund
1025150 34 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
274029 34 JACK NORQUAL AR Utility Water Enterprise Fund
274064 33 PATRICK CASEY AR Utility Water Enterprise Fund
274331 33 NATT, MICHAEL Tuition Reimbursement/School Fitness Classes
1025104 33 ETZEL, TRACY Tuition Reimbursement/School Fitness Classes
274394 32 ASPEN MILLS Clothing & Uniforms Volunteers
1025091 31 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
273810 31 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers
274056 31 MIKE HALL AR Utility Water Enterprise Fund
274059 31 NANCY PARTRIDGE AR Utility Water Enterprise Fund
274175 30 LINT, JAMIE P&R Refunds Community Center Admin
273884 30 STAPLES ADVANTAGE Office Supplies Customer Service
274130 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
274131 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
1025108 29 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
274126 28 DURAND, MICHELLE P&R Refunds Community Center Admin
273934 28 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Stormwater Collection
7594 27 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
1025153 27 PROSOURCE SUPPLY Supplies - Ice Rink General Community Center27436126WALAWALKAR, NIKETA P&R Refunds Community Center Admin
274402 26 BROOKS CHRIS P&R Refunds Community Center Admin
1025151 26 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission27418025MACLENNAN, KIM P&R Refunds Community Center Admin
274202 25 PETERSON, DAVID P&R Refunds Community Center Admin
274370 24 PROP P&R Refunds Community Center Admin
273943 24 FELKER, BARBARA P&R Refunds Community Center Admin
274178 24 LUEBBERS, ABBY P&R Refunds Community Center Admin
274263 24 BEALL, ERIK P&R Refunds Community Center Admin
274483 24 OUSMANE AICHATOU P&R Refunds Community Center Admin
274278 23 COMCAST Other Contracted Services Police Sworn
274189 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
274012 23 CARTUS FINANCIAL CORPORATION AR Utility Water Enterprise Fund
274231 22 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
274016 22 DAN KIELY AR Utility Water Enterprise Fund
7583 22 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
274061 21 NATE BELL AR Utility Water Enterprise Fund
274010 21 BURNET TITLE AR Utility Water Enterprise Fund
274051 21 MELINDA JOHNSON AR Utility Water Enterprise Fund
273990 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
274351 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
274011 21 CARL SAKAMOTO AR Utility Water Enterprise Fund
274073 20 SUSAN LANAHAN AR Utility Water Enterprise Fund
274034 20 JEFFREY BLUEM AR Utility Water Enterprise Fund
274155 20 HOCHSTETLER, NANCY P&R Refunds Community Center Admin27419520NAIMOLA, RYAN P&R Refunds Community Center Admin
274225 20 SIBBET, DOUGLAS P&R Refunds Community Center Admin
274312 20 KNAPP, BYRON P&R Refunds Community Center Admin
274313 20 KNIEBEL, ELLEN P&R Refunds Community Center Admin
Check #Amount Supplier / Explanation Account Description Business Unit Comments102498620CDW GOVERNMENT INC.Computers - Hardware IT Operating
1025026 19 SPOK, INC.Cell/Pager Plans IT Operating
274006 19 BEVERLY LIPPKA AR Utility Water Enterprise Fund
274020 18 DEBORAH HEDLUND AR Utility Water Enterprise Fund
274069 18 REBECCA SIMSO AR Utility Water Enterprise Fund
274027 16 GILBERT HERNANDEZ AR Utility Water Enterprise Fund
274273 16 CAMPBELL STUART P&R Refunds Community Center Admin
274052 15 MELISSA FREUDENBERG AR Utility Water Enterprise Fund
274420 15 DAYROBB BATTERIES PLUS Supplies - General Bldg City Hall (City Cost)
274040 14 KENNETH JOHNSON AR Utility Water Enterprise Fund
274287 14 ECKSTROM, GLENN P&R Refunds Community Center Admin
274063 13 OWEN SORENSON AR Utility Water Enterprise Fund
274496 13 RONAN CINDY P&R Refunds Community Center Admin
274497 13 RONAN WILLIAM P&R Refunds Community Center Admin
274396 13 BEUTZ TOM P&R Refunds Community Center Admin
274398 13 BIRLENBACH PETRA P&R Refunds Community Center Admin
274404 13 CAO YI P&R Refunds Community Center Admin
274409 13 CHETIA PAHARI P&R Refunds Community Center Admin
274422 13 DENG YUEFEN P&R Refunds Community Center Admin
274430 13 FISCHBACH MICHAEL P&R Refunds Community Center Admin
274434 13 GLORVICK JESSICA P&R Refunds Community Center Admin
274441 13 HAUGEN SARAH P&R Refunds Community Center Admin
274454 13 KALEESWARAN MANIGANDAN P&R Refunds Community Center Admin
274455 13 KREBS MARY P&R Refunds Community Center Admin27448613PETERSON ABBEY P&R Refunds Community Center Admin
274489 13 PRASADH RAM P&R Refunds Community Center Admin
274499 13 ROPER LAURA P&R Refunds Community Center Admin27450613SCHMIDT CORTNEY P&R Refunds Community Center Admin
274524 13 VILLARREAL MEGAN P&R Refunds Community Center Admin
274525 13 WALLACE JASON P&R Refunds Community Center Admin
274526 13 WEI JING P&R Refunds Community Center Admin
274527 13 WEINBLATT ADAM P&R Refunds Community Center Admin
274053 13 MICHAEL FLESCH AR Utility Water Enterprise Fund
274077 13 VALARIE STIEGLBAUER AR Utility Water Enterprise Fund
273978 12 NIKOLAI LYNAE P&R Refunds Community Center Admin
274218 12 SCHELL, GEORGE P&R Refunds Community Center Admin
274265 12 BEHME ANNELIESE P&R Refunds Community Center Admin
274030 12 JAMES ANDERSON AR Utility Water Enterprise Fund
1024968 12 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
273811 11 CULLIGAN Late Fees / Interest 494 Corridor Commission
273976 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Flying Cloud Off Leash Park
274190 10 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Fire Station #1
274269 10 BNI-SOUTHWEST METRO CHAPTER P&R Refunds Community Center Admin
274476 10 NELSON CHERYL P&R Refunds Community Center Admin
274019 10 DAVID KOEBELE AR Utility Water Enterprise Fund
274005 9 BENJAMIN MEZERA AR Utility Water Enterprise Fund
274070 9 ROBERT WEIGEL AR Utility Water Enterprise Fund
274067 8 PETER HOEPER AR Utility Water Enterprise Fund
273933 8 DAUGHERTY, CAROLYN P&R Refunds Community Center Admin2739688LEDUC MARGARET P&R Refunds Community Center Admin
274440 8 HANSEN JERRY P&R Refunds Community Center Admin
274508 8 SIU SARAH P&R Refunds Community Center Admin
274080 8 WEST TITLE LLC AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments2740288HOLLY LOBERG AR Utility Water Enterprise Fund
274033 8 JASON POTVIN AR Utility Water Enterprise Fund
1025152 7 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
274510 7 SNAP-ON TOOLS Small Tools Fleet Operating
274008 7 BHM CAPITAL LLC AR Utility Water Enterprise Fund
274295 7 GARRY, DAN P&R Refunds Community Center Admin
7610 6 SQUARE Bank and Service Charges Prairie Village Liquor Store
274267 6 BENSON, ALYSSA P&R Refunds Community Center Admin
274391 6 ANDERSON GREGORY P&R Refunds Community Center Admin
1025135 6 UPS Postage Human Resources
1025003 6 UPS Postage Planning
274037 5 KAH TAN AR Utility Water Enterprise Fund
1025051 4 UPS Postage Utility Operations - General
273920 2 CEF EP COMMUNITY SOLAR LLC Electric General Community Center
273807 2 COMCAST Other Contracted Services Police Sworn
274320 1 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Fleet Operating
6,111,723 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
4/21/2020
Amount Account Description Business Unit
5,418 Other Revenue General Fund
3,935 Operating Supplies Park Maintenance
2,925 Tuition Reimbursement/School Police Sworn
2,730 Conference/Training Utility Operations - General
1,790 Tuition Reimbursement/School Police Sworn
1,747 Capital Under $25,000 Police Sworn
1,740 Conference/Training Utility Operations - General
1,613 Software/Hardware Maint.IT Operating
1,297 Conference/Training Fire
1,287 Conference/Training Fire
1,185 Tuition Reimbursement/School Police Sworn
1,180 Operating Supplies Youth Programs Admin
1,031 Capital Under $25,000 Fitness Classes
1,015 Equipment Parts Fleet Operating
1,005 Licenses, Taxes, Fees Ice Lessons
993 Tuition Reimbursement/School Police Sworn
993 Tuition Reimbursement/School Police Sworn
993 Tuition Reimbursement/School Police Sworn
975 Tuition Reimbursement/School Police Sworn
928 Lubricants & Additives Fleet Operating
924 Special Event Fees Senior Center Programs
881 Capital Under $25,000 Police Sworn
843 Operating Supplies Youth Programs Admin
804 Travel Expense Community Development Admin.
795 Tuition Reimbursement/School Police Sworn
794 Conference/Training Housing and Community Service
786 Bank and Service Charges Prairie View Liquor Store
750 Dues & Subscriptions Community Development Admin.
700 Tuition Reimbursement/School Police Sworn
700 Tuition Reimbursement/School Police Sworn
680 Awards Communications
599 Dues & Subscriptions Planning
580 Tuition Reimbursement/School Police Sworn
575 Awards Finance
561 Conference/Training Police Sworn
549 Licenses, Taxes, Fees Fitness Classes
541 Travel Expense Communications
527 Conference/Training IT Operating
500 Deposits General Fund
497 Conference/Training IT Operating
493 Conference/Training Utility Operations - General
477 Travel Expense Fire
460 Conference/Training Human Resources
447 Travel Expense Fire
438 Conference/Training Emergency Management
433 Travel Expense Fire
433 Travel Expense Fire
418 Operating Supplies Planning
400 Capital Under $25,000 Outdoor Center
395 Tuition Reimbursement/School Police Sworn
394 Advertising Prairie View Liquor Store
375 Tuition Reimbursement/School Police Sworn
368 Operating Supplies Police Sworn
363 Waste Disposal Fleet Operating
359 Tuition Reimbursement/School Police Sworn
350 Tuition Reimbursement/School Police Sworn
350 Tuition Reimbursement/School Police Sworn
350 Other Contracted Services Special Events & Trips
349 Licenses, Taxes, Fees Sustainable Eden Prairie
342 Conference/Training Planning
341 Dues & Subscriptions Planning
337 Operating Supplies Youth Programs Admin
330 Conference/Training Utility Operations - General
324 Small Tools Fire
313 Office Supplies Fire
309 Miscellaneous City Council
305 Investigation Travel Fire
305 Training Supplies Fire
303 Operating Supplies Water Conservation
299 Conference/Training Aquatics Admin.
296 Repair & Maint. Supplies Water Treatment
295 Licenses, Taxes, Fees Park Maintenance
285 Capital Under $25,000 Fitness Classes
274 Operating Supplies Fire
273 Operating Supplies Fire
273 Operating Supplies Fire
272 Operating Supplies Prairie View Liquor Store
269 Tuition Reimbursement/School Police Sworn
268 Tuition Reimbursement/School Police Sworn
260 Operating Supplies Youth Programs Admin
258 Capital Under $25,000 Utility Operations - General
258 Capital Under $25,000 Utility Operations - General
250 Tuition Reimbursement/School Police Sworn
245 Repair & Maint. Supplies Water Treatment
242 Travel Expense Assessing
242 Travel Expense Assessing
240 Operating Supplies Fire
227 Tuition Reimbursement/School Police Sworn
227 Operating Supplies Senior Center Programs
226 Operating Supplies Police Sworn
225 Conference/Training Tree Disease
220 Operating Supplies Fire
219 Operating Supplies Specialty Fitness Programs
219 Dues & Subscriptions Human Resources
213 Operating Supplies Fire
207 Merchandise for Resale Concessions
200 Conference/Training Engineering
198 Canine Supplies Police Sworn
198 Operating Supplies Fire
194 Repair & Maint. Supplies Water Treatment
193 Clothing & Uniforms Winter Theatre
191 Operating Supplies Community Center Admin
183 Operating Supplies Fire
182 Operating Supplies Police Sworn
180 Computers Recreation Admin
180 Miscellaneous DWI Forfeiture
176 Operating Supplies IT Operating
175 Miscellaneous City Council
168 Operating Supplies Volunteers
167 Operating Supplies Senior Center Programs
165 Printing Police Sworn
161 Equipment Parts Snow & Ice Control
160 Operating Supplies Senior Center Admin
160 Repair & Maint. Supplies Water Treatment
155 Repair & Maint. Supplies Police (City Cost)
150 Licenses, Taxes, Fees Park Maintenance
150 Conference/Training Utility Operations - General
150 Licenses, Taxes, Fees Senior Center Programs
150 Conference/Training Utility Operations - General
147 Merchandise for Resale Concessions
145 Conference/Training Street Maintenance
144 Advertising Theatre Initiative
144 Repair & Maint. Supplies Building 51
140 Conference/Training Park Maintenance
140 Training Supplies Fire
137 Office Supplies Police Sworn
129 Repair & Maint. Supplies Water Treatment
128 Operating Supplies Fire
127 Miscellaneous City Council
126 Canine Supplies Police Sworn
125 Investigation Travel Fire
125 Investigation Travel Fire
125 Investigation Travel Fire
125 Investigation Travel Fire
123 Training Supplies Utility Operations - General
121 Training Supplies Tree Disease
120 Computers IT Operating
120 Repair & Maint. Supplies Fire Station #1
113 Repair & Maint. Supplies Fire Station #1
112 Computers IT Operating
112 Special Event Fees Senior Center Programs
109 Operating Supplies Fire
107 Operating Supplies Community Center Admin
105 Repair & Maint. Supplies City Center - CAM
105 Dues & Subscriptions Assessing
105 Dues & Subscriptions Assessing
105 Dues & Subscriptions Assessing
105 Dues & Subscriptions Assessing
105 Dues & Subscriptions Assessing
104 Mileage & Parking Youth Programs Admin
100 Licenses, Taxes, Fees Fitness Classes
100 Licenses, Taxes, Fees General Community Center
95 Operating Supplies Internal Events
95 Operating Supplies Police Sworn
92 Operating Supplies Snow & Ice Control
90 Office Supplies Police Sworn
89 Software/Hardware Maint.Fire
86 Repair & Maint. Supplies Utility Operations - General
86 Operating Supplies Winter Theatre
85 Operating Supplies IT Operating
85 Cleaning Supplies Police (City Cost)
83 Operating Supplies Outdoor Center
82 Operating Supplies IT Operating
81 Operating Supplies Arts Center
81 Clothing & Uniforms Winter Theatre
81 Operating Supplies New Adaptive
80 Merchandise for Resale Concessions
80 Equipment Parts Fleet Operating
75 Miscellaneous City Council
75 Dues & Subscriptions Fire
75 Tuition Reimbursement/School Police Sworn
74 Merchandise for Resale Concessions
72 Operating Supplies Fitness Classes
70 Conference/Training Finance
70 Conference/Training Finance
70 Dues & Subscriptions Finance
70 Office Supplies Utility Operations - General
69 Conference/Training Street Maintenance
69 Training Supplies Police Sworn
68 Training Supplies Police Sworn
66 Repair & Maint. Supplies Water Distribution
65 Dues & Subscriptions Park Maintenance
65 Conference/Training Youth Programs Admin
65 Operating Supplies Facilities Staff
65 Capital Under $25,000 Utility Operations - General
64 Repair & Maint. Supplies Water Treatment
64 Merchandise for Resale Concessions
63 Operating Supplies Arts Center
62 Operating Supplies Street Maintenance
61 Training Supplies Police Sworn
60 Operating Supplies Park Maintenance
60 Training Supplies Police Sworn
60 Operating Supplies Park Maintenance
59 Operating Supplies Outdoor Center
57 Clothing & Uniforms Winter Theatre
57 Operating Supplies Pool Operations
57 Merchandise for Resale Concessions
57 Capital Under $25,000 Police Sworn
55 Conference/Training Utility Operations - General
55 Operating Supplies Police Sworn
54 Merchandise for Resale Concessions
54 Merchandise for Resale Concessions
53 Operating Supplies Outdoor Center
52 Clothing & Uniforms Winter Theatre
52 Operating Supplies Elections
51 Repair & Maint. Supplies Outdoor Center Facilities
50 Dues & Subscriptions Police Sworn
50 Dues & Subscriptions Police Sworn
50 Dues & Subscriptions Police Sworn
50 Tuition Reimbursement/School Police Sworn
50 Capital Under $25,000 Outdoor Center
50 Process Control Equipment IT Operating
50 Clothing & Uniforms Winter Theatre
49 Dues & Subscriptions Community Development Admin.
49 Operating Supplies Planning
49 Capital Under $25,000 Police Sworn
48 Conference/Training Planning
48 Operating Supplies New Adaptive
46 Repair & Maint. Supplies Police (City Cost)
45 Training Supplies Organizational Services
45 Advertising Wine Club/Events
45 Dues & Subscriptions Park Maintenance
45 Operating Supplies Facilities Staff
45 Process Control Equipment IT Operating
45 Training Supplies Fire
44 Advertising Prairie View Liquor Store
44 Operating Supplies Concessions
44 Clothing & Uniforms Winter Theatre
42 Software/Hardware Maint.IT Operating
42 Operating Supplies Arts Center
42 Merchandise for Resale Concessions
42 Operating Supplies Elections
41 Operating Supplies Ice Lessons
41 Operating Supplies Arts Center
40 Operating Supplies Arts Center
40 Conference/Training Fleet Operating
40 Equipment Repair & Maint Senior Center Programs
40 Operating Supplies Fire
39 Computers IT Operating
39 Training Supplies Organizational Services
38 Merchandise for Resale Concessions
37 Equipment Repair & Maint Senior Center Programs
36 Clothing & Uniforms Winter Theatre
36 Operating Supplies Senior Center Programs
35 Merchandise for Resale Concessions
35 Operating Supplies Fire
35 Tuition Reimbursement/School Police Sworn
35 Tuition Reimbursement/School Police Sworn
35 Tuition Reimbursement/School Police Sworn
35 Operating Supplies Park Maintenance
33 Conference/Training Utility Operations - General
33 Repair & Maint. Supplies Fire Station #1
33 Merchandise for Resale Concessions
32 Capital Under $25,000 Utility Operations - General
32 Repair & Maint. Supplies Emergency Management
32 Miscellaneous Communications
32 Operating Supplies Community Center Admin
31 Merchandise for Resale Concessions
31 Operating Supplies Park Maintenance
31 Dues & Subscriptions Human Resources
30 Merchandise for Resale Concessions
30 Operating Supplies Police Sworn
30 Conference/Training Park Maintenance
30 Advertising Arts
30 Travel Expense Youth Programs Admin
30 Operating Supplies IT Operating
29 Repair & Maint. Supplies City Hall (City Cost)
29 Computers IT Operating
28 Operating Supplies Elections
28 Merchandise for Resale Concessions
27 Operating Supplies Arts Center
27 Office Supplies Police Sworn
26 Small Tools Fleet Operating
26 Computers IT Operating
26 Operating Supplies Internal Events
25 Capital Under $25,000 Utility Operations - General
25 Operating Supplies IT Operating
25 Training Supplies Organizational Services
25 Clothing & Uniforms Winter Theatre
24 Operating Supplies Outdoor Center
24 Clothing & Uniforms Winter Theatre
24 Merchandise for Resale Concessions
24 Tuition Reimbursement/School Police Sworn
23 Operating Supplies Pickleball (CC)
23 Repair & Maint. Supplies Senior Center
23 Operating Supplies Winter Theatre
22 Merchandise for Resale Concessions
22 Operating Supplies Special Events Admin
21 Operating Supplies Elections
20 Travel Expense Youth Programs Admin
20 Miscellaneous City Council
20 Mileage & Parking Economic Development
20 Travel Expense Administration
20 Clothing & Uniforms Winter Theatre
20 Software/Hardware Maint.IT Operating
19 Operating Supplies Birthday Parties
19 Clothing & Uniforms Winter Theatre
19 Clothing & Uniforms Winter Theatre
18 Operating Supplies Skating Rinks/Warming Houses
17 Video & Photo Supplies Fire
17 Merchandise for Resale Concessions
17 Merchandise for Resale Concessions
17 Repair & Maint. Supplies Utility Operations - General
17 Merchandise for Resale Concessions
16 Tuition Reimbursement/School Police Sworn
16 Operating Supplies Pool Operations
16 Merchandise for Resale Concessions
16 Miscellaneous City Council
16 Clothing & Uniforms Winter Theatre
16 Computers IT Operating
15 Operating Supplies Arts Center
15 Clothing & Uniforms Winter Theatre
14 Operating Supplies Senior Center Admin
14 Operating Supplies Community Center Admin
14 Operating Supplies Volunteers
14 Operating Supplies Outdoor Center
13 Computers Prairie Village Liquor Store
13 Clothing & Uniforms Winter Theatre
13 Clothing & Uniforms Winter Theatre
13 Operating Supplies Elections
12 Merchandise for Resale Concessions
12 Clothing & Uniforms Winter Theatre
12 Clothing & Uniforms Winter Theatre
11 Operating Supplies Arts Center
11 Clothing & Uniforms Winter Theatre
11 Operating Supplies Pool Operations
10 Licenses, Taxes, Fees Tree Disease
10 Licenses, Taxes, Fees Park Maintenance
10 Operating Supplies Outdoor Center
10 Advertising Theatre Initiative
10 Operating Supplies Pool Operations
9 Miscellaneous Elections
9 Operating Supplies Arts Center
8 Travel Expense Youth Programs Admin
8 Merchandise for Resale Concessions
8 Office Supplies Utility Operations - General
8 Postage Utility Operations - General
7 Miscellaneous Athletic Programs Admin
7 Operating Supplies Arts Center
6 Conference/Training Arts Center
6 Operating Supplies Senior Center Admin
6 Operating Supplies Pool Operations
5 Dues & Subscriptions Police Sworn
5 Conference/Training Community Center Admin
5 Licenses, Taxes, Fees Fleet Operating
5 Operating Supplies Outdoor Center
5 Merchandise for Resale Concessions
4 Training Supplies Organizational Services
3 Bank and Service Charges Customer Service
2 Licenses, Taxes, Fees General Community Center
1 Advertising Den Road Liquor Store
-9 Merchandise for Resale Concessions
-29 Operating Supplies Planning
-32 Office Supplies Utility Operations - General
-51 Repair & Maint. Supplies Outdoor Center Facilities
-70 Small Tools Fire
-305 Training Supplies Fire
-4,127 Other Revenue General Fund76,810 Report Total