HomeMy WebLinkAboutCity Council - 11/17/2020
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, NOVEMBER 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. ORGANICS COLLECTION (5:30-6:10)
II. MILLER PARK INDOOR COURT FACILITY (6:10-6:30)
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM
IV. ADJOURNMENT
Organics Recycling Program
Implementation of Hennepin County OrganicsRecycling Requirement
Hennepin County Ordinance 13 Requirements
•By January 1, 2022 cities shall provide the opportunity to participate
in Curbside Collection of Organic Material to residential households
that are single-family through fourplex and other residential
households where each household has own Collection Container for
Mixed Recyclables.
•Collection year round, weekly basis.
•Cities can require haulers to provide or contract for organized
citywide collection.
•Reporting requirements annually, including on communications
methods.
Background Considerations
Organics Recycling Program
Background Considerations
•Solid Waste Management Plan Recommendations
•No consensus on method of collection by haulers.
•Noted need for transfer station and composting facility capacity.
•Recommended amending code to require haulers to provide service
as part of licensure.
•Outlined options for both opt-in and opt-out structure.
•Recommended all residents pay for service, like recycling is
structured.
Background Considerations
•Grant Impacts of Organics Collection
•50% of SCORE funds allocated to curbside organics recycling, 50%
to curbside recycling.
•Percentage of funds for curbside recycling has been decreasing
while percentage for curbside organics recycling has increasing.
•Cap of $25/participating household for all cities.
•Eden Prairie allocation based on following formula:
Background Considerations
•Climate Action Plan
•Implementation of curbside residential organics recycling
identified as regulatory action in Climate Action Plan.
•Estimated 100 tons/month (Edina’s current collection rate) of
organics recycled instead of landfilled or burned for energy.
•997 metric tons of CO2e reduced per year.
•6.6% reduction in overall citywide emissions related to waste.
Waste Hauler Meeting Outcomes
Organics Recycling Program
Waste Hauler Meeting Outcomes
•Method of Collection
•2 haulers use bags, 2 haulers use carts. 1 hauler noted preference for
single large dumpster for qualifying MF properties in lieu of
individual carts.
•2 haulers would like to explore mixing with yard waste, 1 is
currently doing pilot with Carver County on this method.
•Participation Rates
•Haulers noted in communities where organics collection is opt in,
only users pay they see 10-15% participation rates.
•In communities where organics collection is opt out, everyone pays
the participation is 30-40%.
Waste Hauler Meeting Outcomes
•Processing
•Concern among all haulers for limited capacity of transfer stations,
end processors.
•Allowed contamination ratio is decreasing causing more complete
loads to be rejected. Consistent labeling efforts are not helping
participating households reduce contamination.
•1 hauler noted need for County to provide an optical sorter to meet
increased demand.
Waste Hauler Meeting Outcomes
•Opt in vs Opt out
•2 haulers preferred opt in system, where only users pay.
•Noted need for increased education first to control contamination.
•Preferred to work with customers who wanted the service, not who
are required to have it.
•2 haulers preferred a version of an opt out, all pay system.
•1 hauler noted subscription program (like yard waste) does not
make financial sense for them. Preferred all pay weighted scale or
drive by fee for whole community system.
•1 preferred a subscription service like yard waste, and/or the ability
to start with just food waste.
Waste Hauler Meeting Outcomes
•Estimated Costs
•Range of estimates from $70 to $240 a year -not all haulers provided
estimates.
•Timing of Rollout
•All haulers agreed that beginning service on January 1, 2022 would
be difficult with weather and holidays.
•Some haulers noted long lead up time to have equipment and
systems in place.
Waste Hauler Meeting Outcomes
•Other Comments
•Potential for issues with qualifying MF properties whose waste fees
are rolled in HOA fees if not everyone wants to participate.
•General consensus on increased education needed to avoid
contamination.
•No hauler was concerned about ability to serve any number
customers in Eden Prairie that participate.
Neighboring Community Strategies
Organics Recycling Program
Neighboring Community Strategies
•Edina
•Opt out, all pay organized system started June 2020
•30% participation rate across all households
•Cost $61.20/year
•100 tons collected per month
•Plymouth, Brooklyn Park, Brooklyn Center
•Opt in, only users pay hauler provided system. Service method and billing rate set
by hauler.
•Minnetonka
•Undecided at this point. Potential to organize for collection.
Staff Recommendations
Organics Recycling Program
Staff Recommendations
•Require haulers provide service as part of licensure.
•Implement a phased opt-in approach to begin with for those who
want to participate.
•Only participants pay for service.
•Keep current level of haulers in the community.
•Focus on education around organics recycling, ensure those who are
participating have the resources they need.
•Provide regular communication to residents about how it’s going
with early adopters to educate general public.
•Monitor system capacity and participation, re-evaluate as
necessary for potential all-in change.
Miller Park Indoor
Court Concept
CITY COUNCIL WORKSHOP
NOVEMBER 17, 2020
Current Conditions
2 Tennis / 1 Basketball
A Remnant Plaza
Lots of Parking
What Could It Be
Considerations / Benefits
Current facility needs full replacement ($250,000)
More than adequate parking
Climate controlled lengthens the life of the courts and
increases the amount of use, playability and health
challanged
Pickleball continues to grow amongst younger demographics.
Tennis and other racquet sports are also growing
Alignment with the Parks and Recreation Strategic Plan
(access for all, affordable opportunities, ability to control
climate, sustainable infrastructure, long-term investments, health and wellness opportunities)
Considerations / Benefits
An opportunity afforded and affordable for all –Lake
Riley, the aquatics addition, etc.
Frees up gym/basketball courts at Community Center
More than just pickleball -badminton / multicultural /
families
Lifelong Health & Wellness
Funding / Construction &
Operational Consideration
Funding Source =cash park fees, grant and fundraising
opportunities
2022 = $100,000 (design, plans and specifications)
2023 = $2.8M (construction)
Solar, in-court heating, geothermal, led
Remote access
Questions?
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, NOVEMBER 17, 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. EDEN PRAIRIE LAND ACKNOWLEDGEMENT STATEMENT
B. HENNEPIN COUNTY COMMISIONER JAN CALLISON
C. SMALL BUSINESS SATURDAY PROCLAMATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 20, 2020
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 20, 2020
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. CODE AMENDMENT FOR TOWERS AND ANTENNAS by City of Eden
Prairie. Second Reading of an Ordinance to amend City Code Chapter 6 and
Chapter 11 to comply with recent Federal Communication Commission rulings;
Resolution Approving Summary Ordinance (Ordinance; Resolution)
CITY COUNCIL AGENDA
November 17, 2020
Page 2
C. TILLER CORPORATION PLANT 912 by Tiller Corporation. Second Reading
of an Ordinance for Zoning Change from Public to Industrial on 4.49 acres and
Rural to Industrial on 1.09 acres; Resolution for Site Plan Review on 13.21 acres;
Development Agreement (Ordinance for Zoning Change from Public and
Rural to Industrial; Resolution for Site Plan Review, Development
Agreement)
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF GO ADDITION
E. APPROVE CITY’S USE OF CARES ACT FUNDS
F. AUTHORIZE AGREEMENT WITH UNITED STATES DEPARTMENT OF
AGRICULTURE FOR DEER MANAGEMENT SERVICES
G. AWARD CONTRACT TO DEYOUNG CONSULTING SERVICES FOR
RACE AND EQUITY CONSULTATION
H. AWARD CONTRACT TO GRAYBAR FOR PURCHASE OF
STREETLIGHTS FOR WEST 70TH STREET RELATED TO SOUTHWEST
LIGHT RAIL PROJECT
I. APPROVE CONSTRUCTION CONTRACT WITH O’NEILL ELECTRIC,
INC. FOR REPLACEMENT OF EDEN PRAIRIE ROAD LIFT STATION
CONTROL PANEL
J. AWARD CONTRACT TO TRAFFIC CONTROL CORPORATION FOR
PURCHASE OF SIGNAL CABINET FOR WEST 62ND STREET PROJECT
K. APPROVAL OF AGREEMENT WITH NATIONAL RESEARCH CENTER
AND POLCO FOR 2020 COMMUNITY SURVEY
IX. PUBLIC HEARINGS / MEETINGS
A. TRAIL POINT RIDGE PUD AMENDMENT By CB Eden Prairie Limited
Partnership. First and Second Reading of an Ordinance for PUD District
Amendment with a waiver on 2.03 acres; Development Agreement (Ordinance
for PUD District Amendment; Development Agreement)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
CITY COUNCIL AGENDA
November 17, 2020
Page 3
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
A. Closed Session for the City Manager Performance Review
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: November 13, 2020
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, November 17, 2020
___________________________________________________________________________________________
TUESDAY, NOVEMBER 17, 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. EDEN PRAIRIE LAND ACKNOWLEDGEMENT STATEMENT
Synopsis: The Eden Prairie Land Acknowledgment Statement is a formal
statement that recognizes the unique and enduring relationship that exists between Indigenous Peoples and the land where Eden Prairie resides. No formal action requested. Mayor Case will read the proclamation and Katherine
Lucht, Human Rights and Diversity Commissioner, will be on-hand to provide
background information on the initiative. B. HENNEPIN COUNTY COMMISIONER JAN CALLISON
C. SMALL BUSINESS SATURDAY PROCLAMATION
Synopsis: The City of Eden Prairie has supported the Small Business Saturday initiative for many years by approving a proclamation. Small Business Saturday is a national initiative that marks a day to support the local businesses that create
jobs, boost the economy and preserve communities around the country.
ANNOTATED AGENDA November 17, 2020
Page 2 The inaugural Small Business Saturday was first held in 2010 and involved 130 small business advocate groups, 1.2M Facebook users, public and private organizations, and local governments.
In 2019, more than 800 mayors and city officials supported Small Business Saturday, and 97% of consumers who shopped on Small Business Saturday agree that small businesses are essential to their community.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 20, 2020
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 20, 2020
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-K on the Consent Calendar. A. CLERK’S LICENSE LIST
B. CODE AMENDMENT FOR TOWERS AND ANTENNAS by City of Eden Prairie. Second Reading of an Ordinance to amend City Code Chapter 6 and Chapter 11 to comply with recent Federal Communication Commission rulings;
Resolution Approving Summary Ordinance (Ordinance; Resolution)
C. TILLER CORPORATION PLANT 912 by Tiller Corporation. Second Reading
of an Ordinance for Zoning Change from Public to Industrial on 4.49 acres and Rural to Industrial on 1.09 acres; Resolution for Site Plan Review on 13.21 acres; Development Agreement (Ordinance for Zoning Change from Public and Rural to Industrial; Resolution for Site Plan Review, Development Agreement)
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF GO ADDITION
E. APPROVE CITY’S USE OF CARES ACT FUNDS
F. AUTHORIZE AGREEMENT WITH UNITED STATES DEPARTMENT OF
AGRICULTURE FOR DEER MANAGEMENT SERVICES
ANNOTATED AGENDA November 17, 2020
Page 3 G. AWARD CONTRACT TO DEYOUNG CONSULTING SERVICES FOR RACE AND EQUITY CONSULTATION
H. AWARD CONTRACT TO GRAYBAR FOR PURCHASE OF STREETLIGHTS FOR WEST 70TH STREET RELATED TO SOUTHWEST LIGHT RAIL PROJECT
I. APPROVE CONSTRUCTION CONTRACT WITH O’NEILL ELECTRIC, INC. FOR REPLACEMENT OF EDEN PRAIRIE ROAD LIFT STATION CONTROL PANEL
J. AWARD CONTRACT TO TRAFFIC CONTROL CORPORATION FOR PURCHASE OF SIGNAL CABINET FOR WEST 62ND STREET PROJECT
K. APPROVAL OF AGREEMENT WITH NATIONAL RESEARCH CENTER AND POLCO FOR 2020 COMMUNITY SURVEY IX. PUBLIC HEARINGS / MEETINGS
A. TRAIL POINT RIDGE PUD AMENDMENT By CB Eden Prairie Limited
Partnership. First and Second Reading of an Ordinance for PUD District Amendment with a waiver on 2.03 acres; Development Agreement (Ordinance for PUD District Amendment; Development Agreement) Synopsis: The applicant is requesting approval of an amendment to the Trail
Pointe Ridge Planned Unit Development regarding parking. The property is located at 16397 Glory Lane. The building contains 58 workforce housing units and was approved as part of the Smith Village project. Construction of the project is nearly complete. The approved plan for the Trail Pointe Ridge portion of the
Smith Village project requires 116 total parking stalls. There are 49 covered
parking stalls in the underground parking garage and 67 surface parking stalls. City Code requires 58 covered parking stalls; however, a waiver was granted to allow 49 covered parking stalls in the underground parking garage. The amendment would allow the removal of one covered parking stall in the
underground parking garage and the addition of one surface parking stall to
maintain 116 stalls. MOTION: Move to:
Close the Public Hearing; and
Approve the 1st and 2nd Reading of the Ordinance for the Planned
Unit Development District Amendment with waivers on 2.03
acres.
Approve the First Amendment to the Development Agreement for Trail Pointe Ridge
X. PAYMENT OF CLAIMS
ANNOTATED AGENDA November 17, 2020
Page 4 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
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
A. Closed Session for the City Manager Performance Review
MOTION: Move to enter into closed session for the purpose of conducting the City Manager’s review.
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
November 17, 2020
DEPARTMENT / DIVISION:
Mayor Ron Case
ITEM DESCRIPTION:
Eden Prairie Land Acknowledgement Statement
ITEM NO.:
IV.A.
Requested Action No formal action requested. Mayor Case will read the proclamation and Katherine Lucht,
Human Rights and Diversity Commissioner, will be on-hand to provide background
information on the initiative. Synopsis
The Eden Prairie Land Acknowledgment Statement is a formal statement that recognizes the
unique and enduring relationship that exists between Indigenous Peoples and the land where Eden Prairie resides. Attachment Proclamation
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, it is important to acknowledge that we are gathered upon the
ancestral, traditional and contemporary homelands of the Dakóta; and
WHEREAS, through treaties the U.S. government seized Ojibwe and Dakóta land
in Minnesota. Specifically, signing of Treaties of Traverse des Sioux and Mendota
in 1851, opened land located to the west of Ȟaȟáwakpa /Wakpá Tháŋka
(Mississippi River) allowing pioneers to settle in what is now Eden Prairie; and
WHEREAS, we acknowledge this land has a complex and layered history, and pay
respect to the elders who have stewarded the land throughout the generations and
continue to do so; and
WHEREAS, We offer this statement as a step toward healing and make a
commitment to learn the history of the land Eden Prairie is built on, to recognize,
support, collaborate with, advocate for Indigenous Peoples and to consider the
convergence of legacies that bring us to where we are today; and
NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims
these statements as a step towards greater public consciousness of Native
sovereignty and cultural rights and to promote an equitable relationship and
reconciliation.
Ronald A. Case, Mayor
City of Eden Prairie
CITY COUNCIL AGENDA
SECTION: Proclamations/Presentations
DATE:
November 17, 2020
DEPT/DIVISION: Rick Getschow/City Manager
ITEM DESCRIPTION: Small Business Saturday Proclamation ITEM NO.:
IV.C.
The City of Eden Prairie has supported the Small Business Saturday initiative for many years by approving a proclamation.
Small Business Saturday is a national initiative that marks a day to support the local businesses
that create jobs, boost the economy and preserve communities around the country. The inaugural Small Business Saturday was first held in 2010 and involved 130 small business advocate groups, 1.2M Facebook users, public and private organizations, and local governments.
In 2019, more than 800 mayors and city officials supported Small Business Saturday, and 97% of consumers who shopped on Small Business Saturday agree that small businesses are essential to their community.
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
Whereas, the City of Eden Prairie celebrates our local small businesses and the contributions they
make to our local economy and community; according to the United States Small Business
Administration, there are currently 31.7 million small businesses in the United States, they represent
99.9% of all businesses with paid employees in the United States, are responsible for 65.1% of net
new jobs created from 2000 to 2019; and
Whereas, small businesses employ 47.1% of the employees in the private sector in the United States,
62% of U.S. small businesses reported that they need to see consumer spending return to pre-COVID
levels by the end of 2020 in order to stay in business, 65% of U.S. small business owners said it
would be most helpful to their business to have their “regulars” return and start making purchases
again, and three-quarters of U.S. consumers are currently looking for ways to Shop Small® and
support their community; and
Whereas, 96% of consumers who shopped on Small Business Saturday® agree that shopping at
small, independently-owned businesses supports their commitment to making purchases that have a
positive social, economic, and environmental impact and 97% of consumers who shopped on Small
Business Saturday agree that small businesses are essential to their community; and
Whereas, 95% of consumers who shopped on Small Business Saturday reported the day makes them
want to shop or eat at small, independently-owned businesses all year long, not just during the
holiday season; and
Whereas, the City of Eden Prairie supports our local businesses that create jobs, boost our local
economy and preserve our communities; and
Whereas, advocacy groups as well as public and private organizations across the country have
endorsed the Saturday after Thanksgiving as Small Business Saturday.
NOW, THEREFORE, the Eden Prairie City Council does hereby proclaim, November 28, 2020, as:
SMALL BUSINESS SATURDAY And urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year.
Ronald A. Case, Mayor
WORKSHOP MINUTES - UNAPPROVED CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, OCTOBER 20, 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. STRATEGIC PLAN FOR HOUSING AND ECONOMIC DEVELOPMENT
Jeremiah stated the Strategic Plan for Housing and Economic Development was originally
adopted in 2005. There have been two updates and revisions. The last update was done early
and the plan is now on even years from 2021-2025. The plan shows the prioritization and
timing of projects. Funding is considered as well as who will be needed for collaboration.
The current update was started in January 2020 with staff working sessions. After the
workshop, staff will make final updates and revisions to the plan. The City Council will take
action on the plan in January or February of 2021.
Jeremiah provided an overview of the accomplishments from 2017 to 2020, the last strategic
plan. Staff did a lot of business retention and expansion. The City received a grant to assist
73 businesses. The City also received a grant from Hennepin County to do Town Center
pedestrian improvements. Over six million dollars from the Congestion Mitigation and Air
Quality (CMAQ) grant assisted with Town Center Station. A lot of effort has gone into light
rail transit (LRT) business communication. Taprooms and cocktail rooms such as Fat Pants
Brewery and Flying Dutchman Spirits have come to fruition. 28 business meet and greets
took place. Tennant Corporation phase 1 and the Southwest Station Commercial projects
were completed. The Realtor’s Forum was well attended in 2019. Annual career fairs have
taken place with the help of Eden Prairie Chamber of Commerce. Recently many lease
amendments have taken place due to COVID-19. In the last four years, the City has
conducted many industrial and commercial area studies such as Venture Lane Minnesota
Department of Transportation (MnDOT) excess right-of-way property, Martin Drive, Flying
Cloud Land Fill, Crosstown Industrial Area, vacant property off Glory Lane, and potential
neighborhood retail sites in southwest Eden Prairie. Staff also looked at Special Service
District and decided it would no longer be required of developers
City Council Workshop Minutes October 20, 2020
Page 2 Jeremiah stated there was a lot of progress made in regards to branding and wayfinding. New
branding was created at West 70th Street for the Golden Triangle Area. The City entry
monument sign program has two complete signs and one in progress at CSAH 5 and Dell
Road. Singletree Lane improvements are being made to be more attractive to businesses.
Aho inquired when the City anticipates all the entry monument signs to be completed.
Jeremiah replied they are all budgeted within the next three years. Some of the signs require
working out issues with MnDOT. Aho added he would like to consider doing the Realtor’s
Forum annually in collaboration with the School District. Jeremiah added the School District
has been a willing participant in the Realtor’s Forum. Getschow added Staff can reach out to
the Realtor’s Association about an annual event since Realtor’s receive credit for going to the
event. SouthWest Transit typically donates their services to the event as well.
Nelson added it would be beneficial to host the Forum outside of the winter months.
Getschow noted the Forum is typically held in May.
Jeremiah provided an overview of housing accomplishments from 2017 to 2020. The City’s
first sustainable neighborhood, Eden Gardens, was finished in 2017. Elevate at Southwest
Station, Cascade addition, and Trail Pointe Ridge Apartments have been completed and they
each have substantial affordability. The City was able to secure over $1.5 million in Livable
Communities grant money to assist in the affordability. Sheldon Place Townhomes were also
completed. In regards to senior living, Applewood Pointe Senior Cooperative at Smith
Village is under construction and is already 90 percent purchased. Prairie Bluffs and Eden
Prairie Senior Housing are both now open. Flagstone Senior Housing is under construction.
Paravel Apartments has been negotiated and approved. All of these housing developments
have inclusionary housing at no cost to the City, and tax increment financing (TIF) was used
in some cases for additional units.
Jeremiah stated the City distributed Federal Community Development Block Grant (CDBG)
to assist with maintaining quality and fair housing. The City also established a fair housing
process. CDBG funds and pooled TIF were utilized to help first time homebuyers at low and
moderate income. The West Hennepin Affordable Housing Land Trust (WHAHLT) was also
utilized to assist new homebuyers in the City. Onward Eden Prairie was also created.
Stanley stated there is a lot of symmetry in the housing goals as there is in the Housing Task
Force (HTF) Report. These goals include preserving affordable housing, such as naturally
occurring affordable housing (NOAH), and protecting its tenants. Other goals include
creating affordable housing opportunities, increasing homeownership opportunities, and
supporting housing maintenance and quality of life improvements.
Jeremiah stated the economic development goals remain fairly consistent. The goals focus on
business retention and expansion, facilitating Transit-Oriented development (TOD) and
City Council Workshop Minutes October 20, 2020
Page 3 Mixed Use development, fostering other economic development opportunities, supporting
economic development marketing and communication, and assisting with Eden Prairie
branding and wayfinding. The project descriptions in the Strategic Plan will outline the
priorities and timing. Near term refers to the next two years, mid-term refers to the timing
LRT opens, and long term is year 2025 and after.
Aho inquired about the concept of hotel and retail at Eden Prairie Center. Jeremiah stated this
could be located at the J.C. Penney site when it becomes available or repurposing some of the
parking. Before Scheels took an interest in the Sears location it was considered then.
Jeremiah stated Staff would like to do an inventory and action plan for NOAH properties in
the near term. There may be minor costs associated, but they anticipate using CO-STAR
data. The plan is to collaborate with housing non-profits to develop an action plan. Tenant
rights could be accomplished through either a document or a protection ordinance.
Aho asked if staff are looking at many ordinance changes for landlord requirements.
Jeremiah stated the ordinance would be a Council policy decision. The HTF has strongly
recommended the ordinance. Case added this prevents a new buyer from drastically
increasing rent and forcing out tenants. Aho added sometimes cost is driven by additional
requirements for landlords. Nelson noted landlords need to be made aware rental properties
are required to be regularly inspected by the City. Narayanan added tenants should be able
ask the City to help keep landlords responsible for maintaining living standards. Jeremiah
added the property managers group is also available to help educate managers and owners.
Jeremiah stated another goal is to create affordable housing opportunity. Applewood Pointe
and Paravel Apartments are some examples. TOD housing opportunity sites include land
assembly with the Montessori School, Eagle Ridge Partners property in the Golden Triangle,
and infill housing on the City West office site.
Freiberg clarified the land assembly would be the strip mall near the Montessori School.
Jeremiah replied yes. Narayanan inquired if there are any condominiums in the City.
Jeremiah replied there are not many. There are some next to the SouthWest Station.
Additionally, there are some senior co-ops if there is an ownership interest.
Jeremiah stated other opportunity sites for affordable housing include the Venture Lane
parcel, Hennepin Townline Road south of Anderson Lakes Parkway, Flying Cloud Drive and
College View Drive, the old carpet store site, one acre property currently owned by Prince’s
estate on Aztec Drive, and possible church sites that could work for affordable housing infill.
Freiberg inquired about Hennepin Technical College land and whether they would have
interest in selling land. Jeremiah stated she has not heard of any interest. Case noted he
would be interested to see the parcel. Freiberg noted Wooddale Church also has a lot of land
City Council Workshop Minutes October 20, 2020
Page 4 not in use. Aho inquired about the Winter Park property. Jeremiah replied there have been no
updates regarding the property.
Jeremiah stated additional projects related to the Housing Task Force Report include an
inclusionary housing policy. The policy would allow for a lot of flexibility for the developer
to choose how to incorporate affordable units. Accessory dwelling units (ADUs) is a mid-
term project requiring additional research. The Affordable Housing Trust Fund, a potential
new financing tool, is another planned mid-term project. Homeownership opportunities
remain fairly consistent with the first time homebuyers program and land trust partnerships.
Freiberg inquired if staff would recommend an increase of funds for the First Time
Homebuyers Program. Getschow noted the City has the finances to cover the requests
through pooled TIF and other funds.
Jeremiah stated the City would also develop their partnership with Habitat for Humanity to
help with repairs and preventing foreclosure for low-income households, veterans, and
seniors. Habitat for Humanity also has an Age Well at Home program to help bring together
housing and health care services for seniors in their homes. The City will also continue with
their Housing Rehabilitation Loan and Grant Programs as well as the Senior Home
Maintenance and Improvement Programs. Aho inquired what type of grants. Jeremiah stated
federal CDBG funds. There is a small amount of funds from the General Fund to help with
the Elderly HOME program for low or no-cost basic repairs for seniors.
Jeremiah stated some townhome and multifamily property tools include the Housing
Improvement Areas (HIAs) and Housing Association Improvement Grants (HAIGs). HIAs
helps them make necessary improvements and is paid through special assessments. If enough
residents qualify for income requirements, HAIGs can be used with CDBG funds. The City
will also continue with the Rental Inspection Program and the Property Manager Group.
Jeremiah stated the new business retention and expansion efforts include the Mayor’s
Entrepreneurial Initiative in the near term. This initiative works to improve the
entrepreneurial culture; stimulate small business growth, innovation and job creation; and
support alternatives to the traditional college degree job route. The Innovation Sandbox is the
first project partnering with the Chamber of Commerce and One Million Cups. There will be
continued efforts with the County through the Open to Business Program. Staff have been
looking into co-work or collaborative business space in the City. Staff will continue to
review and update financial strategies and incentives.
Narayanan inquired whether Staff would create a proposal to increase funding for the
Economic Development Fund. Getschow noted the fund is not used as grant money for
businesses but rather incentive for a business to stay. Each business would be case by case.
Narayanan inquired if this would apply to a new start up. Jeremiah stated it could. The initial
City Council Workshop Minutes October 20, 2020
Page 5 vision was to utilize funds to keep companies. Aho inquired about Stratasys. Getschow stated
their decision is on hold, similar to C.H. Robinson.
Jeremiah stated the City continues to facilitate TOD opportunity sites. There is no specific
timing for the sites. They continue to be ongoing. Facilitating Mixed-Use Development
opportunity sites similarly remain ongoing. Some of those sites include Eden Prairie Center,
Castle Ridge redevelopment, Fountain Place shopping center, and Martin Drive at Mitchell
Road. Another way to support these projects is via infrastructure such as streetscape,
pedestrian, and transit improvements. Aho noted SouthWest Transit is looking into ways to
be the last mile connection from LRT. LRT and SouthWest Transit need to partner together
to make the connection to the LRT successful. Jeremiah added long term plans are to create a
north south roadway in town center to provide greater connections. Case stated he recalled
obtaining the right-of-way from Costco for the north south roadway, but Emerson had no
plans to give up right-of-way unless they sell their property. Jeremiah replied the City does
have the Emerson easement, but there is a condition in regard to building.
Jeremiah stated other projects to foster economic development opportunities include the
Kabuki Site, the Vikings Training Facility, and a Tennant innovation center and development
to the west of Tennant. The City continues to be interested in a full service hotel. A near term
eco-innovation project on the former landfill site could provide an opportunity for economic
development and sustainability. The industrial area on Crosstown could remain an older
industrial hub or transform into a new business park. The area study of Southeast CSAH 4
and CSAH 5, the “Platinum Triangle”, could become more walkable for the community.
Leasing activities in the City remain ongoing. Aho inquired about UNFI’s leasing plans.
Getschow replied they plan to maintain leasing their current space.
Jeremiah stated branding and wayfinding will continue with the City entry monument signs
and bridge branding on CSAH 212 and Dell Road eastbound, the Shady Oak Road Bridge,
and the Prairie Center Drive Bridge. There will also be branding of entry plazas in the near to
mid-term at City West LRT Plaza and Town Center Place Entry Plaza. Other LRT station
area improvements include working to secure funding for more public art and wayfinding
signage. Golden Triangle branding phase two is a long term project to consider.
Jeremiah stated the appendix to the Strategic Plan includes all the fund balances and project
status updates.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM III. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 20, 2020 7:00 PM, CITY CENTER 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, Police Chief Greg Weber, Fire Chief Scott Gerber, 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 IV. PROCLAMATIONS / PRESENTATIONS A. 2020 SUSTAINABLE EDEN PRAIRIE AWARDS Getschow introduced Jennifer Hassebroek, Staff Coordinator for the Sustainability
Commission. Ms Hassebroek explained the Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, water, and waste.
She stated the award nominees must be a business or a resident in Eden Prairie.
Student members of the Sustainability Commission were present to describe the award and announce the five recipients of the awards. Anisha Singhatwadia announced the two winners of the Sustainable Eden Prairie
award in the area of waste: Girl Scout Troop #17913 for their school recycling and
repurposing program, and Once Upon a Child for their recycling program. Ms Hassebroek announced one of the two winners of the award in the area of landscape: Cheri Nehl for her work around Mitchell Lake.
Ellianne Retzlaff announced the second winner of the landscape award: the Preserve Association for their partnership with the Riley-Bluff-Purgatory Creek Watershed
CITY COUNCIL MINUTES October 20, 2020
Page 2 District to install native plants. She also announced the winner of the award in the area of water: Fairway Woods Condominium Association who installed a rain garden and native landscaping to stop erosion of their property into Purgatory Creek.
B. ACCEPT CONTRIBUTIONS FROM LOCAL BUSINESSES AND ORGANIZATIONS TOWARDS FALL SPECIAL EVENTS (Resolution No. 2020-93) Getschow said in keeping with Stay Safe Minnesota guidance, Parks and Recreation has created two alternative Halloween events called the Boo Drive-Thru and the
Great Pumpkin Path. For both events, households register in advance. He described the two events: the Boo Drive-thru is a from-your-vehicle family fun experience to be held October 31, 1-5 pm, at Miller Park and the Great Pumpkin Path is an outdoor event where participants enter the path at distanced intervals from 6-9 pm on Friday, October 16. Contributions were received from J.A. Price, Eden Prairie Crime Fund,
Wall Trends, A to Z Rental Center, Lions Tap, Prairie Bluffs Senior Living, and Home Instead Senior Care. Case commented City tax dollars cannot do everything, so contributions such as these are tremendously appreciated and allow us to do more.
MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2020-93 accepting the donation of $2,400 for the Boo Drive-Thru and the Great Pumpkin Path events from J.A. Price ($1,000), Eden Prairie Crime Fund ($750), Wall Trends ($200), A to Z Rental Center ($150), Lions Tap ($100), Prairie Bluffs Senior Living
($100) and Home Instead Senior Care ($100). Motion carried 4-0.
C. WORLD POLIO DAY PROCLAMATION
Case observed Eden Prairie has many important non-profits, two of whom are the AM and Noon Rotary Clubs. The two Eden Prairie Rotary Clubs have joined with their global network of Rotary Clubs to work towards immunizing all children in the world
against polio.
Aho noted three Council Members are members of the Eden Prairie AM Rotary Club. Mayor Case read a proclamation proclaiming October 24, 2020, as World Polio Day in
Eden Prairie.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Aho, to approve the agenda as published. Motion
carried 4-0.
VI. MINUTES
CITY COUNCIL MINUTES October 20, 2020
Page 3 A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 6, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 6, 2020
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the City Council Workshop held Tuesday, October 6, 2020, and the City Council meeting held Tuesday, October 6, 2020, as published. Motion carried 4-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE AMENDMENT TO MULTIJURISDICTIONAL AGREEMENT WITH HENNEPIN COUNTY C. APPROVE PURCHASE OF REPLACEMENT ATTACK FIRE HOSE FOR ALL FIRE APPARATUS FROM JEFFERSON FIRE AND SAFETY D. APPROVE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT FOR FIREFIGHTERS FROM STREICHER’S E. ADOPT RESOLUTION NO. 2020-94 AUTHORIZING AMENDMENT NO. 1 TO HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT AGREEMENT
F. APPROVE CHANGE ORDER NO. 7 FOR PRESERVE BOULEVARD
G. APPROVE 2021 PURCHASE OF REPLACEMENT VEHICLES AND
EQUIPMENT CONTINGENT UPON BUDGET APPROVALS
H. DECLARE PROPERTY AS SURPLUS
I. APPROVE PURCHASE OF NEW TESLA MODEL-Y LONG RANGE AWD
VEHICLE J. AUTHORIZE AGREEMENT WITH RAINBOW TREECARE FOR EMERALD
ASH BORER TREATMENT K. AUTHORIZE EXTENSION OF AGREEMENT WITH NATIVE RESOURCES PRESERVATION LLC. FOR NATIVE PLANTING AREA MAINTENANCE MOTION: Freiberg moved, seconded by Aho, to approve Items A-K on the Consent
Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS / MEETINGS
CITY COUNCIL MINUTES October 20, 2020
Page 4 A. 2020 SPECIAL ASSESSMENTS (Resolution No. 2020-95) Getschow explained each year the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental
assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. He pointed out the highlight for this year would be the second phase of the Eden Prairie Road improvement. He noted some residents have filed objections to the assessments for that improvement.
Rod Rue, City Engineer gave a Power Point presentation outlining the details of the Eden Prairie Road Phase 2 assessments. He stated the project was started in 2001, but for ten to twelve years there was very little neighborhood support to move forward with the improvements. In 2013 the first phase of the project went forward and was completed in 2015. He explained the City’s assessment policy for homestead and
residential property which excludes assessment of the trunk and lateral assessments for up to five years or until they connect. He noted the parcels included tonight have not connected to sewer and water services so their assessments will be excluded and interest will begin to accrue.
Rue further related in 2013 the City Council ordered a Feasibility Study for Phase
Two of the project, and in 2017 Phase 2 was ordered. The project was coordinated with the Flying Cloud Road project with Hennepin County so the project was not completed until the Flying Cloud Road work was completed. The assessments to be levied tonight are for 600 feet of Eden Prairie Road and are assessed for the amount
of an equivalent residential street. The assessment amount was calculated at $17,465
per property. Adam Buenz, 10100 Eden Prairie Road, reported there has been a huge increase in traffic on the road since the completion of the Eden Prairie Road project. He believed
this suggested the road might not conform to residential street standards and felt there
should be a revision because of that. Michelle Wolter, 10065 Eden Prairie Road, stated she wrote an objection to the assessments. She has been assessed multiple times for this project, and she asked that
her property be reviewed so she is not doubly taxed.
Case asked Mr. Rue to explain the situation with Ms Wolter’s property. Rue explained Ms Wolter has a unique situation in that the project limits for Phase 1 of the project bisected her property frontage. The additional property she purchased had
been split into two parcels before her purchase. Those two parcels were included in
the first phase of the assessments. Ms Wolter paid the assessment on one of the two lots in Phase 1, and the other has a pending assessment deferred until development. The assessment tonight is for the third lot but is deferred until the third lot is built.
CITY COUNCIL MINUTES October 20, 2020
Page 5 Case asked how the interest accrual would work. Rue responded last year the City Council passed a resolution capping interest that could be accrued on an assessment at twice the original assessment. That would mean the maximum assessment with
accrued interest on the third lot would be about $35,000. The resolution passed last year is retroactive to past assessments. Freiberg asked if the assessment is pending because that is critical if the property is sold. At the time of sale an escrow would be required. If the property is not
subdivided already, there is one lot. He asked if the lot has been subdivided. Ms Wolter responded she bought the second lot which had a ghost line on that lot, and that brought about the potential for the third lot. When she remodeled her home, she crossed over the ghost line so the third lot is no longer buildable.
Freiberg expressed concern about the implications of a pending assessment. Neuville
explained an assessment is pending once a project is approved but before the assessment is levied. In this case a project was approved in 2017, at which point it became a pending assessment. With this resolution tonight, the assessment is levied, yet deferred, and will not show up as a “pending assessment” on a title search.
Ms Wolter asked if she could have some clarity of the situation in writing in case she wanted to sell the property. Case asked if it is the City’s opinion that if the ghost line were moved, there would
still be enough room to create the third lot. Rue replied when Ms Wolter put the
extension on her house it probably eliminated the possibility of a third house; however, in the very long term, it is a possible situation. MOTION: Aho moved, seconded by Narayanan, to close the public hearing. Motion
carried 4-0.
Aho asked if there is any other way to accomplish assessing future development without putting an encumbrance on the current property owner.
Case then noted nothing is due now nor will it be if nothing is ever done to develop
the third parcel, so there is no tax encumbrance. He asked if there is some more formal way of writing it so it will not be a concern for Ms Wolter. Neuville responded an assessment is not an encumbrance on the property, rather it is something dealt with a purchase agreement.
Aho noted this just makes it more complicated from his perspective. Case observed it sets a precedent to say it isn’t feasible to divide into two lots. From a broader perspective he did not think we need to find another way to judge the
potential to divide a lot whether it is a small lot or a large lot. It feels unfortunate
when the example falls onto a smaller lot; however, this is not uncommon. Neuville replied this is the process in the statute that allows for deferred assessment.
CITY COUNCIL MINUTES October 20, 2020
Page 6 Aho understood we are working from the concept of being acceptable and fair to all property owners. It seems, from a property owner’s perspective, to add more complications, and he wished we had a better way to handle it.
Case reflected he lives on a parcel that has two property PID’s. He has been told even if the parcels are combined, it is still deemed dividable. Freiberg agreed with Council Member Aho that it doesn’t seem fair. He also wished
there was a better way of triggering this, or one that could bring clarity to such situations. Case said we all get that and so do the residents of Eden Prairie. However, there will never be an impact unless Ms Wolter decides to sell the property.
MOTION: Aho moved, seconded by Narayanan, to adopt Resolution No. 2020-95 approving all Special Assessments presented in the fall of 2020. Motion carried 4-0. B. TILLER CORPORATION PLANT 912: By Tiller Corporation. First reading of an ordinance for Zoning change from Public to Industrial on 4.49 acres and Rural to Industrial on 1.09 acres; Resolution 2020-96 for Preliminary Plat on 13.21 acres
(Ordinance for Zoning Change from Public and Rural to Industrial; Resolution
No. 2020-96 for Preliminary Plat) Getschow said the Tiller Corporation is proposing to update the asphalt plant and pollution control equipment and to relocate the plant and processing/stockpile areas
within the site. These site improvements are intended to increase safety and
efficiencies of the operation and to improve circulation and stormwater management. The applicant is requesting approval of rezoning of the property to bring the entire subject site into the same zoning district. Also requested is preliminary plat approval to combine five parcels into one lot and an outlot. He noted the applicant acquired a
one-acre parcel from Hennepin County, and that parcel is part of the rezoning.
Mike Caron, representing Tiller Corporation, gave a PowerPoint presentation reviewing the project. He related they met with City staff in early 2018 to begin discussions on the proposal. They want to improve stormwater management, upgrade
their equipment and improve safety and efficiency. He reviewed the proposed plant
layout and site plan, pointed out the stormwater ponds to be added, and described the traffic pattern. Aho commented we don’t get a lot of complaints about noise and dust control at this
location as one might expect and asked if noise and dust control would be improved
as a result of these changes. Mr. Caron replied the dryer they plan to install is the quietest available. They will try to time the improvement process to be well spaced. In addition, they have talked to those residents who complained.
CITY COUNCIL MINUTES October 20, 2020
Page 7 Case asked if there are any times when trucks are backing up because one of the complaints we receive from the area is about noise. Mr. Caron responded they try to deal with their customers directly and ask them to deal with their drivers. He believed
the improvements in the circulation pattern will help deal with concerns of the owners in the cul-de-sac across the way. There were no comments from the audience. MOTION: Narayanan moved, seconded by Aho, to close the public hearing; to approve first reading of the ordinance for Zoning District change from Rural to Industrial (I-Gen) on 1.09 acres and Public to Industrial (I-Gen) on 4.49 acres; to adopt Resolution No. 2020-96 for a Preliminary Plat of 5 parcels into one lot and one outlot on 13.21 acres; and to direct staff to prepare a development agreement
incorporating staff and commission recommendations and Council conditions.
Case asked staff if this particular plot would be part of what we might see in 50 years if we look at redevelopment of the area. Getschow replied we have talked about the Midwest Asphalt operations as being a non-conforming use. Jeremiah stated they do
not foresee anything in this area as a future redevelopment spot, but consolidating lots
is a positive for future development as is the zoning change to Industrial. VOTE ON THE MOTION: Motion carried 4-0. C. CODE AMENDMENT FOR TOWERS AND ANTENNAS By City of Eden Prairie. First reading of an ordinance to amend City Code Chapter 6 and Chapter 11 to comply
with recent Federal Communication Commission rulings. (Ordinance)
Getschow said the proposed code changes are in response to the June 2020 Federal Communication Commission (FCC) declaratory ruling that further clarifies criteria within the Spectrum Act of 2012 related to altering existing wireless structures. The
FCC ruling affects City Code Chapter 6.03 and City Code Chapter 11.06. No public
hearing is required for the amendment to Chapter 6. City Code Chapter 11 amendment requires a public hearing. There were no comments from the audience.
MOTION: Aho moved, seconded by Narayanan, to close the public hearing; and to approve first reading of an Ordinance amending City Code Chapter 6, Section 6.03 relating to right-of-way permits and City Code Chapter 11, Section 11.06 relating to towers and antennas. Motion carried 4-0.
X. PAYMENT OF CLAIMS MOTION: Narayanan 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.”
CITY COUNCIL MINUTES October 20, 2020
Page 8 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Authorize Use of CARES Act Funds for Grants to Eden Prairie Foundation
and Eden Prairie Chamber of Commerce Getschow reported through the CARES Act, the City has the ability to provide nonprofit grants to provide resources that alleviate the direct and adverse
effects related to the COVID-19 public health emergency. All grant funds
must be used solely to reimburse eligible nonprofit expenses. The Eden Prairie Foundation and the Eden Prairie Chamber of Commerce have requested reimbursement of eligible costs due to the COVID 19 public health emergency. The action requested tonight is to authorize up to $27,850 for the
Eden Prairie Foundation and $59,850 for the Chamber of Commerce. Both organizations have provided a list of expenses to which the funds would be applied.
Case further explained this is CARES Act money budgeted and sent out.
Cities must show they spent the money on COVID-19-related expenses. This is not money that the City had budgeted, so this is a great opportunity to assist two organizations in our City that cover a wide swath of our population. The funds will help the two organizations preserve their viability.
Pat MulQueeny, Chamber of Commerce President, stated our Eden Prairie businesses have been greatly impacted by COVID-19. The Chamber does a lot of events for businesses, and these funds will enable them to continue their work to help the local economy. He thanked the City Council for the funding.
Mark Weber, Executive Director of the Eden Prairie Community Foundation, explained the Foundation works with about 100 non-profits in the community and these funds will help them to continue that work.
Case observed we need the two organizations to survive the pandemic, and
this is a great opportunity to help with that. Narayanan reflected the Chamber focuses on the business side and the
CITY COUNCIL MINUTES October 20, 2020
Page 9 Foundation focuses on non-profits. Both organizations are struggling because of COVID-19. The Foundation had to cancel two major events because of COVID, yet they have been able to continue to help some of our non-profits.
He noted as a small business owner he is very glad the Chamber is able to get these funds. MOTION: Freiberg moved, seconded by Aho, to authorize the use of CARES Act funds for grants to the Eden Prairie Foundation and the Eden
Prairie Chamber of Commerce, and to authorize up to $27,850 for the Foundation and $59,850 for the Chamber of Commerce. Motion carried 4-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:12 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal Leiserv, LLC
DBA: Bowlero Eden Prairie
12200 Singletree Lane
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/Steve Durham
ITEM DESCRIPTION:
Code Amendment – Towers and Antennas
ITEM NO.:
VIII.B.
Requested Action Move to:
• Approve 2nd Reading of the Ordinance amending City Code Chapter 6, Section 6.03 and
Chapter 11, Section 11.06 relating to Telecommunication Eligible Facilities Request.
• Adopt Resolution Approving the Summary Ordinance and ordering the publication of said summary Synopsis This is the final approval of an ordinance relating to amendments in City Code Chapter 6, Section 6.03 and City Code Chapter 11, Section 11.06, related to recent Federal Communication declaratory ruling addressing telecommunication eligible facilities request.
Attachments Ordinance Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 6, SECTION 6.03 RELATING TO RIGHT-OF-WAY PERMITS AND CITY CODE CHAPTER 11, SECTION 11.06 RELATING TO TOWERS AND ANTENNAS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 6.99 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 6, Section 6.03, Subdivision 9, is hereby amended by adding the following new subsection F:
F. Spectrum Act Eligible Facilities Requests. No application for a small wireless facility permit that involves the modification of an existing wireless support structure in the right-of-way and that meets the definition of an “eligible facilities request” under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455 (the “Act”),
shall be approved unless the requested action is in accordance with the requirements
of the Act and the regulations contained in 47 C.F.R. § 1.6100, all as may be amended from time to time, and then only in accordance with the following: 1. The applicant shall submit with its small wireless facility permit application
all information necessary for the City to determine whether the request is
an “eligible facilities request” under the Act. Further, the applicant shall include with the application all information, documents, and fees required by this Section, a narrative description explaining how the request meets the definition of an “eligible facilities request” under the Act, and such further
information deemed necessary by the City to determine whether the request
is an “eligible facilities request.” 2. A small wireless facility permit that involves an “eligible facilities request” is not subject to any provision of this Section that is contrary to the Act.
Section 2. City Code Chapter 11, Section 11.06 is hereby amended by adding the following new Subdivision 14: Subd. 14. Spectrum Act Eligible Facilities Requests. No application to modify an
existing wireless structure that meets the definition of an “eligible facilities request” under
Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455 (the “Act”), shall be approved unless the requested action is in accordance with the requirements of the Act and the regulations contained in 47 C.F.R. § 1.6100, all as may be amended from time to time, and then only in accordance with the following:
A. An applicant shall submit such a request on the form provided by the City. The
application form shall require that the applicant provide all information necessary
for the City to determine whether the request is an “eligible facilities request” under the Act. Further, the applicant shall include with the application all information, documents, and fees required by Subdivision 12 of this Section, a narrative description explaining how the request meets the definition of an “eligible facilities
request” under the Act, and such further information deemed necessary by the City
to determine whether the request is an “eligible facilities request.” B. An application for an “eligible facilities request” shall be approved or disapproved by the City Manager or his or her designee in accordance with Subdivision 11 of
this Section.
C. “Eligible facilities requests” are not subject to the provisions of this Section 11.06 or any other provisions of Chapter 11 that are contrary to the Act.
Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation,” Section 6.99 entitled “Violation a Misdemeanor or Petty Misdemeanor,” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after the date of its passage and
publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day
of October, 2020, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 17th day of November, 2020.
_________________________________ _________________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the 26th day of November, 2020.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020- A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 15-2020 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 15-2020 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 20th day of October, 2020.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS:
A. Ordinance No. 15-2020 is lengthy and contains charts.
B. The text of summary of Ordinance No. 15-2020, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent
and effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance 15-2020 shall be recorded in the Ordinance Book, along with proof of
publication, within twenty (20) days after said publication.
ADOPTED by the City Council on November 17, 2020.
___________________________
Ronald A. Case, Mayor
ATTEST:
________________________ Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 15-2020
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 6, SECTION 6.03 RELATING TO RIGHT-OF-WAY PERMITS AND
CITY CODE CHAPTER 11, SECTION 11.06 RELATING TO TOWERS AND ANTENNAS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 6.99 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends City Code Chapter 6, Section 6.03, Subdivision 9, and City
Code Chapter 11, Section 11.06 and is hereby amended by adding the following:
• Adding to Subdivision 9 item F related to Telecommunications Eligible Facilities
Requests
• Adding new Subdivision 14 related to Telecommunications Eligible Facilities Requests
Effective Date: This Ordinance shall take effect upon publication.
ATTEST: ____________________________ ______________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on November 26, 2020. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/Julie Klima
ITEM DESCRIPTION:
Tiller Corporation Plant 912
ITEM NO.:
VIII.C.
Requested Action Move to:
• Approve the 2nd Reading of the Ordinance for Zoning Change from Public to Industrial
on 4.49 acres and Rural to Industrial on 1.09 acres
• Approve Resolution for Site Plan Review
• Approve the Development Agreement Synopsis This is the final approval of Tiller Corporation Plant 912 project. The applicant is requesting approval to update the asphalt plant equipment and pollution control equipment and to relocate the plant and processing/stockpile areas within the site. These site improvements are intended to increase safety and efficiencies of the operation and improve circulation and stormwater
management. The applicant is requesting approval of rezoning of property to bring the entire subject site into the same zoning district. The site plan includes the improvements and relocation noted above, as well as, the construction of accessory buildings to support the operations of the site. The rezoning requests are consistent with the Comprehensive Plan.
The 120-day review period expires on December 29, 2020. Attachments 1. Ordinance for Zoning Change
2. Ordinance Summary 3. Resolution for Site Plan 4. Development Agreement
TILLER CORPORATION PLANT 912 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-2020 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 Public Zoning District and Rural Zoning District and be placed in the Industrial (I-Gen) Zoning
District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public Zoning District and Rural Zoning District and shall be included hereafter in the Industrial (I-Gen) Zoning District, and the legal descriptions of land in each
Zoning District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be,
and are amended accordingly. Section 4. 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 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 17, 2020, entered into between Tiller
Corporation and the City of Eden Prairie, and which Agreement are hereby made a part hereof.
Section 6. 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
20th day of October, 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 17th day of November, 2020.
ATTEST:
_____________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Current News on__________________, 2020.
EXHIBIT A
LEGAL DESCRIPTION
Property to be rezoned from Public to Industrial (I-Gen) That part of the Northeast Quarter of Section 4, Township 116, Range 22, which lies Southeasterly of the South line of the present right-of-way of the Twin Cities and Western Railroad, formerly known as the Chicago, Milwaukee and St. Paul Railway, which lies Easterly
of the Easterly right-of-way line of Indian Chief Road as described in Doc No 5432657 files of the Registrar of Titles, Hennepin County, Minnesota, and which lies Northwesterly of Line A, and its extensions, as described in said Doc No 5432657.
Property to be rezoned from Rural to Industrial (I-Gen)
That part of the Northwest Quarter of Section 3, Township 116, Range 22, described as
commencing at the southwest corner of the said Northwest Quarter; thence North along the west
line of the said Northwest Quarter 488.42 feet; thence deflecting to the right 28 degrees 21 minutes 30 seconds a distance of 1153.5 feet to the point of beginning; thence southwesterly along the said last described course to the west line of the said Northwest Quarter; thence North along the said west line 296.81 feet; thence deflecting to the right 43 degrees 45 minutes 30
seconds a distance of 150.24 feet; thence on a curve to the left, having a radius of 2814.79 feet
and a delta angle of 15 degrees 24 minutes, a distance of 756.57 feet to the point of beginning, except that part thereof described as follows; Commencing at the southwest corner of the Northwest Quarter of Section 3, Township 116, Range 22; thence in a northerly direction along the west line of said Northwest Quarter having an assumed bearing of North 0 degrees 44
minutes 30 seconds West a distance of 488.22 feet to the actual point of beginning of the area to
be described; Thence continuing along the west line of said Northwest Quarter having an assumed bearing of North 0 degrees 44 minutes 30 seconds West a distance of 237.30 feet; thence South 23 degrees 06 minutes 12 seconds East a distance of 28.86 feet; thence easterly a distance of 112.22 feet to its intersection with the west right-of-way line of the Chicago and
Northwestern Railroad along a curve concave to the south and not tangent with the last described
line, said curve has a radius of 335.00 feet, a central angle of 19 degrees 11 minutes 34 seconds and the chord of said curve bears North 81 degrees 37 minutes 51 seconds East; thence southerly along the west right-of-way line of the said railroad having a bearing of South 27 degrees 37 minutes West a distance of 256.18 feet to the actual point of beginning and there terminating.
TILLER CORPORATION PLANT 912 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -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 6401 Industrial
Drive from the Public Zoning District and Rural Zoning District to the Industrial 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 Sun Current 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 TILLER CORPORATION
________________________________ WHEREAS, Tiller Corporation has applied for Site Plan approval of Tiller Corporation Plant 912 to update the asphalt plant equipment and pollution control equipment
and to relocate the plant and processing/stockpile areas within the site;
WHEREAS, zoning approval for the Property was granted by an Ordinance approved by the City Council on November 17, 2020; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 12, 2020 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its October 20, 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 Tiller Corporation, subject to the Development Agreement between Tiller Corporation and the City of Eden
Prairie, reviewed and approved by the City Council on November 17, 2020.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of November, 2020.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Kathleen Porta, City Clerk
1
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
DEVELOPMENT AGREEMENT
Tiller Corporation Plant 912 THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2020, by Tiller Corporation, a Minnesota corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”:
WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to Industrial (I-Gen) on 1.09 acres and Zoning District Change from Public to Industrial (I-Gen) on
4.49 acres, Site Plan Review on 13.21 acres, and Preliminary Plat of 13.21 acres into 1 lot and 1
outlot (the “Applications”), for real property legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Ordinance No. __________ for Zoning District Change from Rural to Industrial (I-Gen) on 1.09 acres and Zoning District Change from Public to Industrial (I-Gen) on 4.49 acres, Resolution No. ____________ for Site
Plan Review, 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 September 30, 2020, reviewed and approved by the City Council on
October 20, 2020, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein.
2
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C. 3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon City shall give
Developer 24 hours’ notice of such violation, or such longer period as determined by the
City in its sole discretion given the nature of the violation in order to allow a cure of such violation; in event of the failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give Developer 24 hours written notice of such failure and allow ten (10) days opportunity to cure any 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 by the City Manager of the City or
a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs
(including attorneys’ fees), damages and injunctions relating to any acts, failures to act,
errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City.
5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit
to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto. 6. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder and/or 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. 7. 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
3
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
alteration permit for the Property, Developer must submit and obtain from the City
Engineer 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 strips and wetland buffer monument locations;
2) Stormwater facilities, as that term is defined in City Code Chapter 11.55, subd.
2, including all stationary and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater structures built to collect, convey or store stormwater (“Stormwater Facilities”), 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 as described below or in
accordance with City Code:
1) Updated Stormwater Management Plan report including design calculations for storm water quality, rate, 100-year high water level (HWL), back-to-back 100-year storm HWL for all landlocked basins, and volume together with a drainage
area map; 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 Section 11.55 Subd. 11 (the “Land Alteration Security”). The Land Alteration Security must include the cost to inspect and
maintain all Stormwater Facilities, including removal of sediment accumulated
during construction (including the stilling basin, Water Body 04-11-C), on Lot 1, Block 1, and Outlot A as outlined in City Code Section 11.55, Subdivisions 7, 8, 11 and 12.; 3) Stormwater maintenance and monitoring plan for all privately-owned
stormwater facilities to ensure they continue to function over time, pursuant to
and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and 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 (if applicable); g) Plans for restoration or repairs (including maintenance of sedimentation
basins); h) Performance standards; and
4
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
i) Corrective actions that will be taken if the Stormwater Facility(s) does not
meet performance specifications. 4) Erosion and sedimentation control plan; and 5) Copy of the Stormwater Pollution Prevention Plan (SWPPP) if required by the Minnesota Pollution Control Agency (MPCA) Construction Stormwater Permit.
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:
1) Monitor the construction of Stormwater Facilities and temporary BMPs for
conformance to the approved final grading plan, the Minnesota Stormwater Manual, and the Stormwater Pollution Prevention Plan (SWPPP). 2) 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 at a minimum weekly during active construction, and after precipitation events exceeding 0.5 inches. During periods of inactivity when the site is stabilized, inspections must be conducted at a minimum monthly.
D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with
the land alteration permit and City Code Section 11.55, Subdivision 7. Repairs to
privately owned and maintained Stormwater Facilities must be done in accordance with the Maintenance and Monitoring Plan. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance responsibility.
Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and SWPPP, whichever is longer, the then-current owner of the Property will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subdivision 7.
If there is a drainage easement present over the Stormwater Facility(s), the easement holder will become responsible. 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
Facilities.
5
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
E. LAND ALTERATION PERMIT FINANCIAL SECURITY: Prior to release of
the Land Alteration Security, Developer must complete implementation of the
approved SWPPP. Any remaining Land Alteration Security shall be released to the person who deposited the security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed.
8. CONNECTION TO PUBLIC UTILITIES: Prior to issuance of any occupancy permit for the Property, Developer shall connect sewer and water services to the public sanitary sewer and water main as depicted on the Plans.
9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to building permit issuance,
the Developer shall submit to the City Planner and receive the City Planner's written
approval of an executed landscape agreement and a final landscape plan for the Property including all proposed trees shrubs, perennials, and grasses as depicted on the Exhibit B Plans.
Prior to building permit issuance, Developer shall also submit to the City Planner and
receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150% of the cost of landscaping improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and tree replacement plan on the Exhibit B Plans (the “Landscaping Security”).
The approved landscape plan shall be consistent with the quantity, type, and size of all plant materials shown on the landscape plan on the Exhibit B Plans. The approved landscape plan shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape plan shall also provide that, should actual tree loss exceed that calculated herein, Developer
shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. The installation shall conform to the approved landscape plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes to the landscape plan or landscaping installed on the Property, including but not limited to
removal and relocation, shall be reviewed and approved by the City prior to implementing such changes. Developer shall complete implementation of the approved landscape plan as
6
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit
C of this Development Agreement.
11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduits, water meters, and standard heating,
ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with the Landscaping Security described in paragraph 10, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property.
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 Landscaping Security until Developer completes all such corrective measures.
12. 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 and Metropolitan Commission
Environmental Services.
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. PARK DEDICATION: Prior to release of the Final Plat, park dedication fees shall be paid for Lot 1 consistent with the fees required by the Fee Schedule in place at that time.
14. 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 that may go beyond the
Property boundary lines is at or below any limits or standards established in the applicable rules regulating noise and vibration, the applicable air quality permits regulating dust, dirt,
7
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
smoke and odor and applicable lighting standards regulating glare.
15. REMOVAL OF EXISTING SEPTIC SYSTEM: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of the existing septic system on the Property, and restoration of the Property.
The existing well may remain in place but may not be used for potable water.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The City shall return to Developer the $1,000.00 deposit at such time as
the Chief Building Official has verified in writing that the Developer has completed
implementation of the approved plan. 16. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official and
obtain the Chief Building Official's written approval of detailed plans for any retaining
walls greater than four feet in height. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property.
All maintenance and repair of all retaining walls on the Property shall be the responsibility
of the Developer, its successors and assigns. 17. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall include
a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
18. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut-off 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.
8
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
19. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property, a special assessment agreement, in the form and substance as attached in Exhibit
E, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 2.70 acres in the amount of $23,546.70. 20. INDUSTRIAL DRIVE CUL-DE-SAC AND PUBLIC WATERMAIN PLANS: Prior
to issuance by the City of any permit for the construction of the Industrial Drive cul-de-sac
and the public watermain relocation 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 (or 22” x 34”) plan sheets consistent with City standards. Prior
to release of the final plat for the Property, Developer shall furnish to the City Engineer
and receive the City Engineer’s written approval of a surety equal to 125% of the cost of said public 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.
21. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures which 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.
22. EASEMENTS: Prior to approval of the final plat for the Property, Developer shall dedicate easements to the City on the final plat as shown on the preliminary plat. 23. WETLAND PLAN:
Prior to release 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 has submitted to the City a Wetland Evaluation Report (including a buffer analysis) dated July 16, 2020 (“Buffer Report”) and Update to Wetland Delineation dated August 28, 2020, both prepared by Critical Connections Ecological Services, Inc.,
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 repaired, graded, treated, reseeded and/or replanted as needed (thereon known as “Wetland Landscaping”) by the Developer within 90 days of approval of the Wetland Plan.
If the Wetland Plan is submitted after September 30th, the Wetland Landscaping must be completed by June 30th of the following year. If Wetland Landscaping of
9
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
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 Wetland Landscaping of the wetland and/or wetland buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit
a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (“Annual Buffer Report”) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are
in compliance with all City requirements. The Annual Buffer Report shall provide
both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Buffer Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report. To the extent
such unacceptable conditions are not attributable to the Developer, the City will enforce applicable laws, rules, and regulations within the City’s authority against the party to which such unacceptable conditions may be attributable if such enforcement is deemed necessary and appropriate. Notwithstanding the preceding
sentence, the Developer shall remain solely responsible for correcting unacceptable
conditions on the Property identified in any Annual Buffer Report. C. Conservation Easement: Developer shall submit a Conservation Easement in the form attached as Exhibit D, for review and written approval by the Water Resources Coordinator, for the area(s) delineated on the Plans. After approval by the City,
Developer shall file the Conservation Easement with the Hennepin County Registrar of Titles’ Office immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has
10
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
been recorded in the Hennepin County Registrar of Titles' Office.
D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Wetland Security referred to in paragraph 23.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-approved in writing by the City Manager. The post shall be a minimum of 2.25
inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign shall have a minimum
size of 3 inch by 8 inch (3” x 8”). The sign shall be mounted flush with the top of the post and shall include the statement “Conservation Easement: No Mowing Allowed - Wetlands and buffers filter pollutants, reduce flooding and provide habitat.” The signs shall also include the City and Watershed District logos and
website links. The post shall be mounted to a height of four feet above grade and
set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Security: Developer shall furnish to the Water Resources Coordinator
and receive the Water Resources Coordinator’s approval of a cash escrow or letter
of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the “Wetland Security”) equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Wetland Landscaping as depicted on the Plans
and as required by City Code. The Wetland 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 Wetland Security in whole or in part to pay the cost of implementation.
11
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
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
13
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
EXHIBIT A – LEGAL DESCRIPTION
Legal Description Prior to Final Plat: Per Certificate of Title No. 1442056) That part of the Northeast Quarter of Section 4, Township 116, Range 22, which lies
Southeasterly of the South line of the present right-of-way of the Twin Cities and Western
Railroad, formerly known as the Chicago, Milwaukee and St. Paul Railway, which lies Easterly of the Easterly right-of-way line of Indian Chief Road as described in Doc No 5432657 files of the Registrar of Titles, Hennepin County, Minnesota, and which lies Northwesterly of Line A, and its extensions, as described in said Doc No 5432657.
And
(Per Quit Claim Deed Doc. No. T05557412) Parcel 1: Tract C, Registered Land Survey No. 1280, Hennepin County, Minnesota. And Parcel 2: Tract D, E, and F, Registered Land Survey No. 1280, Hennepin County,
Minnesota.
And Parcel 3: That part of the Northwest Quarter of Section 3, Township 116, Range 22, described as commencing at the southwest corner of the said Northwest Quarter; thence North along the west line of the said Northwest Quarter 488.42 feet; thence deflecting to the right 28 degrees 21
minutes 30 seconds a distance of 1153.5 feet to the point of beginning; thence southwesterly
along the said last described course to the west line of the said Northwest Quarter; thence North along the said west line 296.81 feet; thence deflecting to the right 43 degrees 45 minutes 30 seconds a distance of 150.24 feet; thence on a curve to the left, having a radius of 2814.79 feet and a delta angle of 15 degrees 24 minutes, a distance of 756.57 feet to the point of beginning,
except that part thereof described as follows; Commencing at the southwest corner of the
Northwest Quarter of Section 3, Township 116, Range 22; thence in a northerly direction along the west line of said Northwest Quarter having an assumed bearing of North 0 degrees 44 minutes 30 seconds West a distance of 488.22 feet to the actual point of beginning of the area to be described; Thence continuing along the west line of said Northwest Quarter having an
assumed bearing of North 0 degrees 44 minutes 30 seconds West a distance of 237.30 feet;
thence South 23 degrees 06 minutes 12 seconds East a distance of 28.86 feet; thence easterly a distance of 112.22 feet to its intersection with the west right-of-way line of the Chicago and Northwestern Railroad along a curve concave to the south and not tangent with the last described line, said curve has a radius of 335.00 feet, a central angle of 19 degrees 11 minutes 34 seconds
and the chord of said curve bears North 81 degrees 37 minutes 51 seconds East; thence southerly
along the west right-of-way line of the said railroad having a bearing of South 27 degrees 37 minutes West a distance of 256.18 feet to the actual point of beginning and there terminating. And Parcel 4: The Southwesterly 108.00 feet of Tract L, Registered Land Survey No. 1054, Hennepin
County, Minnesota
Legal Description After Final Plat: Lot 1, Block 1 and Outlot A, Go Addition, Hennepin County, Minnesota
14
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
EXHIBIT B – TILLER CORPORATION PLANT 912
Site Plan dated 9/29/2020 by Sunde Engineering, PLLC
Grading, Drainage, and Erosion Control Plan dated 9/29/2020 by Sunde Engineering, PLLC
Utility Plan dated 9/29/2020 by Sunde Engineering, PLLC SWPPP Notes – 1 dated 9/29/2020 by Sunde Engineering, PLLC SWPPP Notes – 2 dated 9/29/2020 by Sunde Engineering, PLLC Notes and Details Sheet No. C6 dated 9/29/2020 by Sunde Engineering, PLLC
Notes and Details Sheet No. C7 dated 9/29/2020 by Sunde Engineering, PLLC
Watermain Profile dated 9/29/2020 by Sunde Engineering, PLLC Cul de sac Detail dated 9/29/2020 by Sunde Engineering, PLLC Landscape Plan dated 7/6/2020 by Insites Preliminary Plat dated 9/1/2020 by Sunde Land Surveying, LLC
Storm Sewer Evaluation by Sunde Engineering, PLLC
Tree Replacement Plan dated 7/6/2020 by Insites Wetland Plan dated 9/29/2020 by Sunde Engineering
15
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
EXHIBIT C
DEVELOPMENT AGREEMENT – TILLER CORPORATION PLANT 912 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 dedication 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 new 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. For any property to be conveyed to the City in fee, that Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to
final plat approval, Developer shall provide to the City an up-to-date title commitment or Registered Property Report showing such a condition of title.
16
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
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"); except in its normal course of business as
allowed by local and state licenses and regulations. 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 except in its normal course of business as allowed by local and state
licenses and regulations. D. That, to Developer’s actual knowledge, 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 used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law.
17
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to
perform any covenant, condition, or provision made herein, City may, at its option, institute
and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a
waiver of any other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or
CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305.
XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge
(WAC), and park dedication. Contact Metropolitan Waste Control to determine the
number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with
approved street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement as required by the Conservation Easement to be executed and recorded by Developer pursuant to the Development Agreement.
XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record
18
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
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. The City must give Developer reasonable notice, unless not possible under the circumstances, prior to entering the Property to
perform any such work or inspections. The City shall indemnify and hold harmless the
Developer for any negligent or intentional act or omission by the City’s employees or officers acting within the course and scope of their employment or appointment arising out of the use of the license granted herein. The City shall indemnify and hold harmless the Developer for any act or omission by the City’s agents and contractors arising out of use of the license granted herein, but only to the extent that such agent or contractor is obligated
to fully indemnify and hold harmless the City for any such act or omission. 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.
19
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
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. 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.
20
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
EXHIBIT D
DEVELOPMENT AGREEMENT – TILLER CORPORATION PLANT 912 CONSERVATION EASEMENT
THIS EASEMENT AGREEMENT is made this _____ day of _______________, 20__, by and between _____________________________________________, a ______________,
hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal
corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except:
WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area,” attached hereto;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation
easement in, under, on, and over the Easement Area and City hereby accepts such
conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural
condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application
or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area.
21
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
B. No building, road, sign, billboard, utility, or other structure shall be placed
in the Easement Area without the prior written consent of City.
C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City.
D. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City.
3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or
pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01,
et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances") except in its normal course of business as allowed by local and state licenses and regulations;
C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances except in its normal course of business as allowed by local and state licenses and
regulations;
D. That, to Grantor’s actual knowledge, 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.
Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorney’s fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or
warranty herein.
22
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
4. Grantor agrees to permanently demarcate the location of the boundary of the
conservation easement on each lot property line or corner, as shown on Exhibit C.
The monument posts shall be permanent steel channel posts that are 1.12 to 2.0 pounds per foot and a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign shall be a minimum of 3 by 8 inches (3” x 8”) that shall be mounted flush with the top of the post and shall include the statement
“Conservation Easement: No Mowing Allowed” and “Wetland and buffers filter
pollutants, reduce flooding and provide habitat”. The post shall be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the monuments is not allowed
5. Grantor agrees to maintain the Easement Area subject to the provisions stated
herein. 6. The covenants and agreements herein contained shall run with the Property, and shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, successors and assigns.
7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area.
23
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
____NOT TO BE SIGNED By NOT TO BE SIGNED __
Ronald A. Case
Its Mayor
_____NOT TO BE SIGNED _ By NOT TO BE SIGNED ___ Rick Getschow Its City Manager
STATE OF MINNESOTA )
)ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________,
20__, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________
Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 20__, by , the , a Minnesota ____________________, on behalf of the corporation.
Notary Public THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
24
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
EXHIBIT A
“THE PROPERTY”
Legal Description Before Final Plat (Per Certificate of Title No. 1442056) That part of the Northeast Quarter of Section 4, Township 116, Range 22, which lies
Southeasterly of the South line of the present right-of-way of the Twin Cities and Western
Railroad, formerly known as the Chicago, Milwaukee and St. Paul Railway, which lies Easterly of the Easterly right-of-way line of Indian Chief Road as described in Doc No 5432657 files of the Registrar of Titles, Hennepin County, Minnesota, and which lies Northwesterly of Line A, and its extensions, as described in said Doc No 5432657.
And
(Per Quit Claim Deed Doc. No. T05557412) Parcel 1: Tract C, Registered Land Survey No. 1280, Hennepin County, Minnesota. And Parcel 2: Tract D, E, and F, Registered Land Survey No. 1280, Hennepin County,
Minnesota.
And Parcel 3: That part of the Northwest Quarter of Section 3, Township 116, Range 22, described as commencing at the southwest corner of the said Northwest Quarter; thence North along the west line of the said Northwest Quarter 488.42 feet; thence deflecting to the right 28 degrees 21
minutes 30 seconds a distance of 1153.5 feet to the point of beginning; thence southwesterly
along the said last described course to the west line of the said Northwest Quarter; thence North along the said west line 296.81 feet; thence deflecting to the right 43 degrees 45 minutes 30 seconds a distance of 150.24 feet; thence on a curve to the left, having a radius of 2814.79 feet and a delta angle of 15 degrees 24 minutes, a distance of 756.57 feet to the point of beginning,
except that part thereof described as follows; Commencing at the southwest corner of the
Northwest Quarter of Section 3, Township 116, Range 22; thence in a northerly direction along the west line of said Northwest Quarter having an assumed bearing of North 0 degrees 44 minutes 30 seconds West a distance of 488.22 feet to the actual point of beginning of the area to be described; Thence continuing along the west line of said Northwest Quarter having an
assumed bearing of North 0 degrees 44 minutes 30 seconds West a distance of 237.30 feet;
thence South 23 degrees 06 minutes 12 seconds East a distance of 28.86 feet; thence easterly a distance of 112.22 feet to its intersection with the west right-of-way line of the Chicago and Northwestern Railroad along a curve concave to the south and not tangent with the last described line, said curve has a radius of 335.00 feet, a central angle of 19 degrees 11 minutes 34 seconds
and the chord of said curve bears North 81 degrees 37 minutes 51 seconds East; thence southerly
along the west right-of-way line of the said railroad having a bearing of South 27 degrees 37 minutes West a distance of 256.18 feet to the actual point of beginning and there terminating. And
25
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
Parcel 4: The Southwesterly 108.00 feet of Tract L, Registered Land Survey No. 1054, Hennepin
County, Minnesota
Legal Description After Final Plat Lot 1, Block 1 and Outlot A, Go Addition, Hennepin County, Minnesota
26
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
EXHIBIT B
“EASEMENT AREA”
Legal Description Before Final Plat
Legal Description After Final Plat
27
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
EXHIBIT C
“EASEMENT AREA” DIAGRAM
28
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
EXHIBIT E
DEVELOPMENT AGREEMENT – TILLER CORPORATION PLANT 912
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 20__, between the City of Eden Prairie, a municipal corporation, (the "City") and _______________________ a Minnesota corporation (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 $23,546.70 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.
29
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
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 $23,546.70 until such time as the assessments referred to above are levied.
30
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
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 __________, 20__, 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 ___________,
20__, 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
31
Tiller Corporation Plant 912 Development Agreement - November 17, 2020
4842-5872-3025, v. 1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of GO Addition
ITEM NO.:
VIII.D.
Requested Action Move to: Adopt the resolution approving the final plat of GO Addition. This proposal is for a plat located at 6401 Industrial Drive. The plat consists of 13.21 acres to be
platted into 1 lot and 1 outlot and right of way dedication for street purposes. Tiller Corporation
owns and operates the asphalt plant and the concrete/asphalt recycling operations on the property. Tiller Corporation is proposing to update the asphalt plant and the pollution control equipment in addition to relocating the processing/stockpile areas. These site improvements are intended to increase safety, operation efficiencies and improve circulation and stormwater
management.
Background Information The preliminary plat was approved by the City Council on October 20, 2020. Second reading of
the Rezoning Ordinance and final approval of the Developer’s Agreement will be approved by
the City Council on November 17, 2020. Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $3,302.50
• Receipt of street lighting fee in the amount of $1,208.20
• Prior to release of the final plat, park dedication fees shall be paid for lot 1 consistent with the fees required by the fee schedule in place at that time.
• Satisfaction of bonding requirements for the installation of the public improvements.
• Developer shall submit a permit fee of five percent of the construction value of the public improvements prior to the release of the final plat.
• Prior to approval of the final plat, Developer shall dedicate easements to the City on the
final plat a shown on the preliminary plat.
• Prior to the release of the final plat, Developer shall execute a Special Assessment. Agreement for trunk sewer and water on an assessable area of 2.70 acres in the amount of $23,546.70
• Prior to the release of the final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data.
• Prior to the release of the final plat, Developer shall submit a 1”=200’ scale reduction of the final plat.
• 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.
Attachments Resolution
Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-___ A RESOLUTION APPROVING FINAL PLAT OF GO ADDITION WHEREAS, the plat of GO 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 GO Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated November 17, 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 November 17, 2020.
_____________________________
Ronald A. Case, Mayor
ATTEST: SEAL
_________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Sue Kotchevar, Office of the City Manager/Finance
ITEM DESCRIPTION:
Approve the City’s use of CARES ACT funds
ITEM NO.:
VIII.E.
Requested Action Move to: Approve the City’s use of CARES ACT funds Synopsis
As was discussed at the 8/18/2020 City Council Workshop, the City received $4,780,791 in
CARES ACT federal funding through the State of Minnesota. The City could use these funds for expenses that are reasonably necessary in the response to the pandemic. This was challenging at first as the Federal Treasury guidance was not always clear on the use of CARES ACT funds.
At the 8/18/2020 City Council Workshop, we discussed using the CARE funds for the City’s unplanned costs related to the pandemic including: • Emergency Management/Fire
– Provide overall direction and coordination for the emergency management
response
– Assembled and operated the EOC
– Prepared briefings
– Added medical call duties
– PPE coordination
• Public Safety/Police
– Respond to emergency management calls
– Rotation Schedule due to COVID
• Keeping Employees and the Public Safe and Informed
– Closed Buildings
– Work from Home
– Communications: Website, Intranet, Signs, etc/
– IT: Support working from home
– Facility Services: Cleaning, fogging, etc.
• Supplies: masks, gloves, sanitations, glasses, gowns, etc.
• Administrative
– Policies, Procedures, etc.
– Unemployment Insurance
– Workers Compensation
• Housing and Human Services
– Meal delivery to seniors
– Coordinating mask delivery to Somali community
– Help property managers manage COVID-19 on their property
– Help with unemployment applications
• Business
– Work with restaurants on outdoor seating
Guidance was issued on September 25, 2020 which clarified that public safety expenditures quality as a use of CARES ACT funds. For this reason, and as a matter of administrative convenience, we have presumed that payroll costs for public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health
emergency.
Funds were spent in all the areas listed above, but for reporting purposes we applied public safety payroll costs against the grant. This saved substantial administrative work and will be an efficient process for our annual audit.
In addition, the Council authorized $87,700 in grants to the Eden Prairie Foundation and the Eden Prairie Chamber of Commerce to alleviate the impact of the COVID-19 public health emergency on these organizations. In addition they are providing service to the non-profit and business sectors during the pandemic. The Foundation was reimbursed for payroll, lease
expense, and other expenses to help to respond to the crisis. The Chamber was reimbursed for
payroll and lease expense.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Cooperative Service Agreement with the USDA for Deer Management Program
ITEM NO.:
VIII.F.
Motion Move to: Approve the Cooperative Service Agreement for the 2020-21 Deer Management
Program with the United States Department of Agriculture, Animal and Plant Health Inspection Services at a cost not to exceed $24,500.00. Synopsis The City has been working with the USDA for the last four years to manage our deer population.
Gary Nohrenberg, State Director of the USDA Wildlife Services has updated their proposed
Work Plan that addresses the City’s request for the 2020-21 reduction of white-tailed deer as outlined in the Deer Management Plan. His proposal includes field site selection, site preparation, baiting and bait monitoring, sharpshooting services, carcass removal and transportation to a meat processor.
Recommendation The USDA has conducted white-tailed deer management services for a number of cities in our area and has improved our management abilities by coordinating with adjacent cities. Their proposal is in line with our budget estimate and staff recommends approval of this agreement.
Attachment Cooperative Service Agreement
Version 7/2019 WS Agreement Number: 21 7227 5300-RA
WBS: AP.RA.RX27.72.4824
City of Eden Prairie 2020 Deer PO:
COOPERATIVE SERVICE AGREEMENT between THE CITY OF EDEN PRAIRIE, MN
and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS)
ARTICLE 1 – PURPOSE The purpose of this Cooperative Service Agreement is to cooperate in a wildlife damage
management project as described in the attached Work Plan. ARTICLE 2 – AUTHORITY APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services
involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species
that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety.
ARTICLE 3 - MUTUAL RESPONSIBILITIES
APHIS-WS and City of Eden Prairie mutually understand and agree to/that: 1. APHIS-WS shall perform services set forth in the Work Plan, which is attached hereto and
made a part hereof. The parties may mutually agree in writing, at any time during the
term of this agreement, to amend, modify, add or delete services from the Work Plan. 2. The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM)
services that the Cooperator is seeking from APHIS-WS.
3. There will be no equipment with a procurement price of $5,000 or more per unit purchased directly with funds from the cooperator for use on this project. All other equipment purchased for the program is and will remain the property of APHIS-WS.
4. The cooperating parties agree to coordinate with each other before responding to media
requests on work associated with this project.
1
2
5. To meet as determined necessary by either party to discuss mutual program interests,
accomplishments, needs, technology, and procedures to maintain or amend the Work Plan.
Personnel authorized to attend meetings under this Agreement shall be the Eden Prairie Parks and Natural Resource Manager, City Manager or their designee(s), the Eden Prairie Police Chief or their designee(s) and the WS State Director or his/her designee, and/or those additional persons authorized and approved by the City of Eden Prairie, and the WS
State Director.
ARTICLE 4 - COOPERATOR RESPONSIBILITIES
City of Eden Prairie agrees: 1. To designate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement;
City of Eden Prairie: Mathew Bourne, Parks and Natural Resource Manager City of Eden Prairie, MN 8080 Mitchell Road Eden Prairie, MN 55344
Phone: 952-949-8535
2. To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan. APHIS-WS will be considered an invitee on the lands controlled by the City of Eden Prairie. The City of Eden Prairie will be required to exercise reasonable care to warn
APHIS-WS as to dangerous conditions or activities in the project areas.
3. To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised
and signed by both parties before services resulting in additional costs are performed. The
Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996.
4. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996. 5. As a condition of this agreement, the Cooperator ensures and certifies that it is not
currently debarred or suspended and is free of delinquent Federal debt.
6. To notify APHIS-WS verbally or in writing as far in advance as practical of the date and time of any proposed meeting related to the program.
7. The Cooperator acknowledges that APHIS-WS shall be responsible for administration of
APHIS-WS activities and supervision of APHIS-WS personnel.
3
8. To obtain the appropriate permits for removal activities for species listed in the Work Plan
and list USDA, APHIS, Wildlife Services as subpermitees.
9. The Cooperator will not be connected to the USDA APHIS computer network(s). 10. To coordinate with Wildlife Services for the removal and/or disposal of wildlife species
removed. ARTICLE 5 – APHIS-WS RESPONSIBILITIES APHIS-WS Agrees:
1. To designate the following as the APHIS-WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement. Gary Nohrenberg, State Director
644 Bayfield St., Ste. 215
St. Paul, MN 55107 Phone: 651-224-6027 gary.nohrenberg@usda.gov
2. To conduct activities at sites designated by the City of Eden Prairie as described in the
Work and Financial Plans. APHIS-WS will provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement.
3. That the performance of wildlife damage management actions by APHIS-WS under this
agreement is contingent upon a determination by APHIS-WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS-WS will not make a final decision to conduct requested wildlife damage management actions until it has made the
determination of such compliance.
4. To invoice the City of Eden Prairie quarterly for actual costs incurred by APHIS-WS during the performance of services agreed upon and specified in the Work Plan. Authorized auditing representatives of the Cooperator shall be accorded reasonable
opportunity to inspect the accounts and records of APHIS-WS pertaining to such claims
for reimbursement to the extent permitted by Federal law and regulations.
ARTICLE 6 – CONTINGENCY STATEMENT
This agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS-WS funds for a finite period under a Continuing Resolution.
4
ARTICLE 7 – NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement.
ARTICLE 8 – CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom.
ARTICLE 9 – LAWS AND REGULATIONS This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31
U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis
to nonfederal recipients, in accordance with all applicable laws, regulations and policies.
ARTICLE 10 – LIABILITY APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680).
ARTICLE 11 – NON-DISCRIMINATION CLAUSE
The United States Department of Agriculture prohibits discrimination in all its programs and
activities on the basis of race, color, national origin, age, disability, and where applicable, sex,
marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. Not all prohibited bases apply to all programs.
ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS This agreement shall become effective on November 16th, 2020 and shall continue through September 30th, 2021. This Cooperative Service Agreement may be amended by mutual
agreement of the parties in writing. The Cooperator must submit a written request to extend the
end date at least 10 days prior to expiration of the agreement. Also, this agreement may be terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS-WS is relieved of the
obligation to provide services under this agreement.
5
ARTICLE 13 – MN DATA PRACTICES ACT Audit Disclosure and Data Practices. To the extent not contrary to federal law, regulation or policy, as set forth under Minnesota Statutes Section 16.05, Subd. 5 the books, records, documents and accounting procedures and practices of APHIS-WS or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). To the extent not contrary to federal law, regulation or policy all government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by APHIS-WS in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice
6
In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury
requires a Taxpayer Identification Number for individuals or businesses conducting business with
the agency. Cooperator’s Tax ID No.: 41-0855460 APHIS-WS’s Tax ID: 41-0696271
CITY OF EDEN PRAIRIE, MN:
Mayor Date
City Manager Date
UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES
Gary Nohrenberg, State Director Date USDA, APHIS, WS 644 Bayfield St., Ste. 215 St. Paul, MN 55107
Willie D. Harris Date Director, Eastern Region USDA, APHIS, WS
920 Main Campus Drive Suite 200 Raleigh, NC 27606
7
WORK PLAN
Introduction In accordance with the Cooperative Service Agreement between The City of Eden Prairie and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service
(APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget
of this project during the period of this agreement. The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes referred to as IPM or “Integrated Pest Management”) in which a series of methods
may be used or recommended to reduce wildlife damage. These methods include the alteration of
cultural practices as well as habitat and behavioral modification to prevent damage. However, controlling wildlife damage may require that the offending animal(s) are killed or that the populations of the offending species be reduced.
Program Objective
To assist the Eden Prairie, MN in managing nuisance and damaging wildlife species within the
City of Eden Prairie’s jurisdiction.
Plan of Action
WS personnel will remove deer from City-designated control areas using suppressed firearms
equipped with night vision or thermal imaging scopes. Spotlights may also be used while
conducting control activities. Safe shooting zones and safe back-drops will be established for all control areas. WS will prioritize public safety during all control operations and utilize a minimum of 2 WS personnel when conducting deer control work. Most deer control activities will be conducted at dusk/night. All control activities will be coordinated with Mathew Bourne, Parks and Natural Resource Manager and the Eden Prairie Police department. WS personnel will
advise local law enforcement and the appropriate local Minnesota Department of Natural Resources Conservation officer when firearm related wildlife control work is being conducted. Under this agreement, WS will provide up to 26 scouting/bait site maintenance visits and up to 13 visits to conduct white-tailed deer control activities. The number of site visits provided may be
altered to ensure that funding expenditures do not exceed the amount established in the Financial Plan of this document. As part of this agreement, WS will also remove or assist in the removal of other nuisance or damaging wildlife species as requested by the City of Eden Prairie and mutually agreed upon.
WS will use generally accepted wildlife damage management tools, equipment and techniques to conduct all removal activities under this agreement.
8
FINANCIAL PLAN Cost Element Full Cost
Personnel Compensation 16,303.58
Travel 0
Vehicle fuel/use 1,465.00
Other Services
Supplies, Materials and Equipment 1,500.00
Subtotal (Direct Charges) 19,268.58
Pooled Job Costs [for non-Over-the Counter
projects] 11.00% 2,119.54
Indirect Costs 16.15% 3,111.88
Agreement Total 24,500.00
The distribution of the budget from this Financial Plan may vary as necessary to
accomplish the purpose of this agreement, but
may not exceed:
24,500.00
Financial Point of Contact/Billing Address:
APHIS-WS: City of Eden Prairie, MN Connie Timm Mathew Bourne 34912 U.S. Hwy. 2 10801 Town Square Dr. Grand Rapids, MN 55744 Eden Prairie, MN 55449 218-327-3350 952-949-8535 Constance.l.timm@usda.gov
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Administration, Community Development/Housing & Community Services
ITEM DESCRIPTION:
Award Contract for Race and Equity Consultant to DeYoung Consulting Services
ITEM NO.:
VIII.G.
Motion
Move to: Authorize entering into a contract with DeYoung Consulting Services for Race and Equity Consultation from November, 2020 through August, 2021 at cost not to exceed $49,900. Synopsis Staff is proposing to hire a Race and Equity Consultant to provide expertise to City staff and the
Human Rights and Diversity Commission on the Race Equity Initiative created and approved at the Council meeting on July 14, 2020.
Background Mayor Case tasked staff to come back with ideas to work into a plan of action to address systemic and institutional racism within our City. The HRDC and City staff plan to work with
the consultant on actionable items in six main areas of inquiry created: 1) City Emergency
Response; 2) City Program Accessibility and Culture; 3) City Recruiting, Hiring and Retention: 4) Connection to the Community—Examine the relationship between the City and its residents; 5) Communication Experience; 6) Developing Future Leaders.
RFP Results DeYoung Consulting Services $49,900 CultureBrokers $50,000
YMCA $131,500
YWCA $21,800 ImpactLives $39,250 Attachment
Standard Agreement for Contract Services with DeYoung Consulting Services
Photo by Meiying Ng
Proposal for City of Eden Prairie
Project: Race Equity Initiative
Submitted October 8, 2020 by: DeYoung Consulting Services, LLC
Karen DeYoung, M.Ed., President and Chief Executive Officer
TriTech Center: 331 2nd Avenue South, Minneapolis, MN 55401
Phone: (612) 336-3755 karen@deyoungconsultingservices.com
www.DeYoungConsultingServices.com
DeYoung Consulting Services Proposal for City of Eden Prairie 2 | P a g e
September 18, 2020
Christine Ruzek, Human Resources Manager
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Ms. Ruzek,
We are excited and grateful for the opportunity to submit a proposal to work with the City and
the Human Rights and Diversity Commission to conduct an in-depth exploration of community
perspectives and write a report with recommendations for action.
Understanding there are deeply seated barriers preventing some communities from
participating in local government, the City wants to focus on the experiences of residents
themselves, and uncover opportunities to become more inclusive and responsive to residents’
diverse needs. This year there has been a loudly renewed call for closing racial disparities, and
each of Eden Prairie’s six departments have an opportunity to examine their own practices.
DeYoung Consulting Services, LLC is a values-driven, Minneapolis-based firm that has
specialized in facilitation, organizational development, and program evaluation since 1996. We
serve public, educational, and non-profit institutions by leading collaborative processes that lift
out strengths and possibilities to help our clients achieve their desired outcomes.
Certified as a small business enterprise, a woman-owned business enterprise, and a minority-
owned business enterprise, we have a long history of effectively and respectfully working with
diverse communities. We have completed many engagement projects, listening internally and
externally, often emphasizing voices from communities of color with a lens of racial equity.
We will partner with the Improve Group, which uses data and community engagement to help
build a better world. Their organization shares our commitment to equity and has deep
experience in creating space for the nuances of experiences and perspectives of diverse
stakeholders to emerge.
Our team has extensive experience working with municipalities. My passion and purpose, as
the CEO of DeYoung Consulting Services, is to use my experience and skills as a certified
organizational facilitator to empower organizations that serve the needs of underrepresented
communities. My team would be honored to work with the City of Eden Prairie.
I look forward to talking with you further. Please contact me with any questions you may have.
Sincerely,
Karen M. DeYoung, M.Ed., President and Chief Executive Officer
DeYoung Consulting Services, LLC
Phone: (612) 336-3755 Email: karen@deyoungconsultingservices.com
DeYoung Consulting Services Proposal for City of Eden Prairie 3 | P a g e
About DeYoung Consulting Services
DeYoung Consulting Services isn’t just another consulting firm. We’re experts in helping you
get your job done more efficiently. Since 1996, we have provided organizations with the
insights they need to impact the systems, communities and environments in which they work.
We provide training, research, outreach and communications, performance improvement and
organizational development services to organizations so they can more effectively achieve their
mission.
As consultants, we bring a fresh, impartial look to your organization. We’ll assess your
challenges and strengths from a bird’s eye view. Our job is to act as an outside facilitator that
can look at your challenges and context from a knowledgeable perspective with no “skin in the
game.” We’ll serve as facilitator, organizer and reporter to ensure that the goal of a clear,
concise and comprehensive final analysis, including specific and definitive recommendations, is
made on time and on budget.
Our Key Values
DYCS is a values-driven firm. Whatever the type of project, our work is defined by our
commitment to these key values:
Collaboration - We believe in collaborating with our clients, not just working for them.
And when a project requires it, we collaborate with business partners to make sure our
clients are fully satisfied. Working together always makes a project more successful.
Professionalism - We maintain sound management and accounting practices. We also
invest in the education, equipment and tools needed to be efficient and effective. This
ensures you’ll receive the highest level of professionalism possible.
Rigor - We don’t take the easy way out. To make sure we are providing the best service
possible, we stay on top of the latest research and use only well-established models and
processes. This attention to detail pays off for our clients in projects that are carefully
planned and carried out with meticulousness.
DeYoung Consulting Services Proposal for City of Eden Prairie 4 | P a g e
Community - No one travels through life alone, so we’re committed to those who live in
our neighborhoods and cities. We invest both our time and money in supporting
underserved communities so we can all live healthier, more productive lives.
Integrity and Respect - Our reputation is our most important asset, so we’ll always treat
our customers with respect. This means that we’ll keep our word when it comes to
budgets, schedules and outcomes. And if something unexpected does arise, we’ll be
upfront with you.
Global Perspective - It can be easy to get lost in the details of a project. As consultants,
our job is to keep an eye on the big picture so we can see the gaps in a project and
address them.
Customized, Responsive Service - Each project we take on is different. That requires us
to bring a tailored solution to each situation. We respond to each client’s needs in a
customized way to provide the most efficient and cost-effective approach possible.
Our Equity Lens
DeYoung Consulting Services values opportunity for and success of all people. Our work
supports this value. Every conversation, idea, goal and outcome is rooted in fairness and input
from many. Beyond equality, we believe in equity, making sure the playing field is level and
accessible to all, regardless of social or economic status, gender and racial identity. Recognizing
that inequalities have permeated this society, we promote terminology and techniques
intended to right the wrongs in organizational structures. We believe that if each person
thrives, the organization and the entire community will thrive.
Project Team
Name Role
Karen DeYoung Lead Consultant and Lead Facilitator
Anna Peters Consultant and Evaluator
Jill Lipski Cain Consultant and Evaluator
Moira Gaidzanwa Consultant and Evaluator
DeYoung Consulting Services Proposal for City of Eden Prairie 5 | P a g e
Name Role
Kayla Meyers Consultant and Facilitator
Christopher Jones Potential Project Manager (project manager
to be determined based on project load at the
time of contract award)
Amy Snetting Potential Project Manager
Karen DeYoung, M.Ed. is the President and Chief Executive Officer of
DeYoung Consulting Services, LLC. Ms. DeYoung has worked as a
consultant since 1996. She specializes in customized, rather than out of
the box, solutions to organizational challenges in a variety of areas;
conducting large needs assessments, increasing diversity and inclusion,
recruiting and managing human resources, designing curriculum and
training, assisting organizations with change, and facilitating strategic
planning. Ms. DeYoung provides clients with a comprehensive and inclusive process that
identifies and offers relevant recommendations and works with clients to implement
recommended solutions. She received a BA in Broadcast Communications from American
University, a M.Ed. in Curriculum and Instructional Systems from the University of Minnesota
and a Certificate in Facilitating Organizational Change from the American Society for Training
and Development.
Anna Peters, M.Ed., a DeYoung Consulting Services Associate Consultant,
is a strategic thinker with 15 years of experience in management,
recruitment, training, facilitation, and championing diversity, equity and
inclusion. Her areas of expertise lie in inclusive recruiting and hiring
practices, inclusive management practices, and engaging employees.
Anna’s driving philosophy behind her work is that true engagement leads
to empowerment and mutual understanding, which impact an
organization’s effectiveness culture. Anna draws on her graduate work in Human Resource
Development to help clients understand their organizational issues, and identify solutions. In
her nonprofit and for-profit leadership positions, Anna has played a key role in aligning business
activities with overall strategy.
DeYoung Consulting Services Proposal for City of Eden Prairie 6 | P a g e
Amy Snetting is one of two Project Managers for DeYoung Consulting
Services. Amy has a passion for process and workflow improvement, finely
tuned skills in client communication, and a keen eye for hidden details—
resulting in an all-encompassing project management experience for clients.
Like her DeYoung Consulting Services team members, Amy’s natural
tendency is to collaborate, and at the core of her project management style
is the relationship and rapport she builds with each client. That combination
allows Amy to skillfully thread information together from multiple sources,
capture details pertinent to project milestones and deliverables, and serve
as an effective funnel of information between the client and the DeYoung Consulting Services
team. Her seven years coordinating nonprofit programs have put her uncanny organizational
skills to use, and her three years directing a youth ministry program have honed her leadership
skills needed to manage high stakes, complex projects. She received a Bachelor of Arts in
communication studies and health and sports studies from the University of Iowa.
Christopher Jones is one of two Project Managers for DeYoung Consulting
Services. In this role, Christopher supports the vision of his clients from
beginning to end by building and establishing strong relationships,
understanding their complex business needs, and ensuring compliance and
the successful completion of projects on time and within budget and scope.
Prior to joining DeYoung Consulting Services, Christopher spent nearly two
decades working in the hospitality industry, where he managed large-scale
and high capacity restaurants and bars. It was in these roles where
Christopher not only refined his people skills, but also honed his leadership
and management skills, as well as his marketing and brand development expertise. In many of
his roles, Christopher created and implemented innovative plans that increased volume and
improved staff retention in an industry with traditionally high turnover rates. He also perfected
high-quality customer service practices and ultimately cemented the growth, success and
longevity of some of the most popular venues in the Greater Washington, D.C. metropolitan
area. Christopher most recently worked as the Relationship Manager for Superior Performance
Center, a physical and sports medicine clinic where he not only created and implemented a
marketing and business development plan, but cultivated and developed partner and client
relationships for a brand-new business. Raised in Kingston, Jamaica, Christopher spent 20 years
on the East Coast before relocating to Minnesota in the spring of 2018 with his wife and two-
year-old son. Christopher holds a Bachelor of Arts in marketing from Strayer University.
DeYoung Consulting Services Proposal for City of Eden Prairie 7 | P a g e
Jill Lipski Cain, MPP, is a Managing Consultant with The Improve Group. In
her decade with The Improve Group, Jill has built deep expertise in facilitation,
evaluation, and strategic planning. She brings compassion and attentive
listening to her work and has been an innovator in trauma-informed
evaluation, which helps people participate more fully in evaluation work and
increases the validity of findings. She works extensively with community
stakeholders to inform and guide decision making and address the impact of
policies. Jill will coordinate the work of her colleagues at The Improve Group
to contribute to the deep listening and analysis that are critical to this work in Eden Prairie.
Moira Gaidzanwa, MBA is a Managing Consultant with The Improve Group.
She is a connector that brings empathy, emotional intelligence and
spirituality to her work. She has worked in complex policy and finance
contexts to help uncover and address the impact on community members;
some of her deepest experience is in housing finance and affordable housing.
She recently led a project for the Minnesota Department of Transportation to
examine their requirements and preferences around hiring and contracting
with people of color and women, and is in the process of expanding on that
work to explore the particular impact that COVID has had for those populations in their work
with MnDOT.
Kayla Meyers, MPP, is a Senior Consultant with The Improve Group. Kayla is
a curious evaluator who finds joy in partnering with individuals, organizations,
and communities to create pathways toward the common good. She brings
expertise in participatory evaluation, engaging stakeholders, and reporting.
Kayla is skilled at understanding the contexts of organizations and the
communities with whom they work, uncovering and explaining how the
alignment of these contexts can lead to greater impact. In her relationships
with clients, Kayla emphasizes the value of lifting up community voices to
understand the strengths, challenges, and impacts of programs within communities.
Statement of Understanding
Eden Prairie, a suburban city, employs several hundred employees, including full-time, part-
time, duty-crew, and seasonal. The City’s six departments are Administration, Police, Fire, Parks
and Recreation, Community Development, and Public Works.
DeYoung Consulting Services Proposal for City of Eden Prairie 8 | P a g e
The Eden Prairie Human Rights and Diversity Commission, which advises City Council on
matters of diversity, civil, and human rights, seeks to collaborate with city staff and leadership
to create a report that addresses issues of race and equity in Eden Prairie. Relevant areas to
examine are: the City’s emergency response, facilities and programs, internal hiring processes,
the connection between the City and its residents, residents’ overall community experience,
and developing future leaders. This exploration will focus, in particular, on the experiences of
residents themselves, uncovering opportunities for the City to become more inclusive and
responsive to residents’ diverse needs. Ultimately, the City wishes to have a report that
summarizes the findings from this exploration and includes recommendations for action.
Strengths DeYoung Consulting Services Brings to the Project
As a long-term consulting firm that has, for more than
20 years, partnered with nonprofits, community
organizations, states, counties, and municipalities to
help them better meet the needs of their internal and
external stakeholders, DYCS brings a unique set of
skills to bear. Application of each skill is woven
through the project as needed, and always in the
context of full transparency with the client. DYCS
brings the following strengths to this particular work:
Facilitating highly participatory processes: As
naturally collaborative and active listeners, this
is one of our sweet spots. We are skilled at
building consensus among large groups with
complex needs, as well as engaging
communities.
DEI and racial equity work: We are passionate
about serving organizations that create
opportunities for underrepresented
communities to rise in power. We are skilled in
facilitating dialogues about diversity, equity
and inclusion in an organizational setting. We
have decades of experience in working
respectfully with diverse communities.
Evaluation and analysis: We are highly skilled
in designing and conducting collaborative
DYCS Strengths
Participatory Processes
Project Management
Communications
Workforce and Leadership Planning
Change Management
Evaluation and Analysis
DEI and Racial Equity Work
DeYoung Consulting Services Proposal for City of Eden Prairie 9 | P a g e
listening processes, including in-person and virtual focus groups and interviews. We do a
thematic analysis, applying an equity lens to our qualitative data analysis.
Workforce and leadership planning: We have many years of experience helping clients
identify strengths, strategic priority areas and aligned goals, and creating actionable
plans to achieve their missions.
Change management: Change is always the backdrop and/or the outcome of our work
with clients, and we bring expertise in organizational culture, structure, and change
management.
Communications: We are committed to respectful, thorough and appreciative
communications.
Project management: We offer top-notch project management to each project, moving
things along without missing a beat. We create and monitor detailed workplans, provide
biweekly status reports that track major activities, limitations, and next steps.
Prior Experience
DYCS has worked with many clients to embark on complex listening projects that engage
community members, external partners, staff, leaders, and more. Many of these projects
include diversity, equity and inclusion as a central focus or lens, and result in a final report with
actionable recommendations. A few examples of relevant work follow here.
DYCS served as facilitator and report writer for the Governor’s Council on Law Enforcement
and Community Relations. The report was an attempt to achieve a shared vision between
representatives from various entities (individuals from law enforcement, trade groups,
community, government, NGO’s, and associations) around how to increase trust between law
enforcement and community. Organizations were identified by the Governor's Office and
invited to participate. We documented task force recommendations in report form and drafted
supporting content.
As a second example, Dakota County, recognizing racial and other disparities in their health and
economic outcomes, asked DYCS to assess its strengths and opportunities related to structures
and processes that would support its goal of integrating community and family services. We
engaged over 100 people via focus groups and interviews, analyzed the qualitative data and
presented findings and worked in collaboration with leadership and staff to craft
recommendations to assist the county in achieving its goals.
We completed process with a health care organization that engaged us to conduct an intensive
listening process of staff in multiple departments, centered around anti-racism and
DeYoung Consulting Services Proposal for City of Eden Prairie 10 | P a g e
commitment to DEI. We offered multiple methods of engagement, including virtual interviews,
virtual listening sessions, an online survey, and FlipGrid (virtual Q&A). As a result of our
listening, we completed a summary of findings and actionable recommendations that
strengthen the organization’s commitment to DEI into the future, including an alignment of its
organizational structure and culture to that commitment.
As a subcontractor to ECCO International, DYCS conducted a strategic planning/feasibility study
for Project Uniting Southwest Hmong (PUSH). The process gave PUSH team members a clearer
understanding of the community’s desire for a Community Center, potential partnership
opportunities for Center planning and implementation, and project feasibility. We conducted
an environmental scan to determine and prioritize local needs within the Hmong community,
determine the feasibility of a Hmong Community Center, and assist with the determination of
the appropriate community to site the Center. The process included a community survey,
community input meetings, a retreat with PUSH team members and a final report.
DYCS worked on a project that examined Ramsey County’s talent attraction, retention, and
promotion process to identify ways in which the County could more effectively attract and
retain talent. The work was done with a particular eye toward diverse talent. To help Ramsey
County achieve its goal of better serving residents by creating a workforce that reflected their
diversity, DYCS designed a robust and comprehensive assessment plan that engaged
stakeholders and county leadership, relying on quantitative and qualitative findings.
Specifically, a key component of the initiative was to develop instruments that analyzed past
and current hiring strategies for attracting candidates; resources used to attract, retain, and
promote talent; leadership in supporting efforts for talent; and major challenges to hiring,
retention, and promotion. The project included a county-wide survey (4000 employees), 40
interviews with key stakeholders, 30 focus groups, a best practices study and documentation
review. Recommendations were developed for future hiring and recruitment strategies and
presented to the County; they were designed after careful consideration to feasibility of
implementation and buy-in from leadership.
The Improve Group recently completed a project for MnDOT to examine and make
recommendations around two equity initiatives: the On the Job Training program, which aims
to diversify the transportation workforce, and the Disadvantaged Business Enterprise program,
which aims to increase contracting dollars that flow to woman-owned businesses. As part of
this evaluation we engaged many community stakeholders and gathered critical insights about
the barriers to making these initiatives successful. Both the MnDOT leadership with whom we
worked and community stakeholders appreciated the insights that emerged from the work and
the potential for action.
Another project The Improve Group completed was a needs assessment and strategic planning
project for Community Action Partnership of Ramsey and Washington Counties. This project
was originally conceptualized to uncover community needs and identify strategies to address
them. When systemic racism emerged consistently as a root cause of poverty among the many
DeYoung Consulting Services Proposal for City of Eden Prairie 11 | P a g e
communities we engaged, we helped CAPRW shift its focus from developing strategies to meet
needs to strategies that address root causes.
Our Approach
We approach all the work we do from a pragmatic perspective of Appreciative Inquiry. This
means we reframe problems through a lens of strength and possibilities. We do not ignore
problems that need solutions. But instead of focusing on negation, criticism, and a spiraling
diagnosis, we focus on imagination and innovation; we also ask questions that connect people
with why they care.
We don’t just gather data; we elicit thoughts, perceptions and actionable ideas from
stakeholders. As we hear stories about what isn’t going as well, we lean into what we can learn
and how to apply strengths and assets to these opportunities. We don’t just facilitate dialogue;
we leverage the power of self-reflection and guided feedback to develop group cohesion and a
path forward. We know from experience that when we open the window to stakeholder views
in a structured way, great stories and data emerge.
We inventory our opportunities for greater effectiveness. And we look for pragmatic strategic
steps, that, if taken, will prepare the way for greater integration of our services. Our pragmatic
approach is centered on an intention to listen carefully to the voices of all stakeholders.
Our approach to community engagement: Our community engagement practices help create a
collective vision, enhance buy-in, establish improved service delivery, inform policy-making,
expand awareness and instill a sense of individuals’ significance in the larger decisions that
affect their lives and communities. Community engagement begins with relationships – creating
new ones, or building upon existing ones. It also involves asking and truly listening to what the
other parties want to get out of the engagement. Initial efforts should include asking the
community what they would like to see or what they need.
We help clients leverage the following key drivers of effective community engagement:
DeYoung Consulting Services Proposal for City of Eden Prairie 12 | P a g e
The long-term benefits of working in partnership with the community are worth it. Few would
describe true community engagement as “easy,” however. It is time consuming and can be
quite messy. But it is effective, and we can add structure to the messiness.
We have observed that organizations may unintentionally
impose preconceived notions of outcomes of engagement
upon the community groups from whom they intend to
learn. These efforts may run the risk of undermining a true
community engagement effort.
There is a great benefit in defining and communicating how
diverse community perspectives will be incorporated into
current and future development plans, and to what degree.
This transparency can help empower communities to
engage and offer their local knowledge and solutions within
those parameters. The “Ladder of Citizen Participation,”
shown at left, can help clarify the role of the community
members in these engagement efforts. The lower levels of
participation do little to build trust.
Our proposed plan for engaging community and facilitating
a process of learning and planning follows.
DeYoung Consulting Services Proposal for City of Eden Prairie 13 | P a g e
Proposed Work Plan
Phase 1: Project definition and grounding
As soon as our work is underway, we begin listening. Our initial task is learning more from you
about the City of Eden Prairie and what brings you to this point in initiating the project.
We propose facilitating a kick-off meeting with a group that may consist of members of the
Human Rights and Diversity Commission, City staff and leaders, and other designated partners.
Together we will establish guiding principles, define success and how to measure it, clarify roles
and responsibilities, establish decision making processes (consensus vs. majority, etc.), clarify
project scope and deliverables, and talk through our mutual purpose. During the kick-off or
subsequent meetings, we will also prioritize intended goals and activities, and define the
intended level of community engagement (e.g. informing, consulting, control, etc.). This initial
groundwork helps to build buy in from the group and ownership of the results. This meeting
will also serve as a time to discuss preferred communication methods for: setting up meetings,
distributing materials, addressing any issues that may surface between meetings.
The information garnered will serve as a foundation for the project and inform the creation of
an appropriate project work plan and a timing and action plan, which will briefly outline the
project and the anticipated work required, set a timeline with targeted benchmarks and
completion dates, and estimate financial and human resources needed to implement the plan.
In this stage we will also interview a few key stakeholders—those that either requested the
project or have much at stake in its outcomes. Through these interviews we can uncover
important issues that we may need to address during the project, as well as help to define
central issues.
We also will use this initial time to steep ourselves in the background information you provide.
We want to understand the broader organization—its structure, mission, vision, leadership,
culture and climate. Documents could include meeting minutes, strategic plans, evaluations,
prior data gathering and findings, etc.
Readiness for change: It is our desire to know you as colleagues and understand what you love
about Eden Prairie, and what energizes you about this work. This year, since George Floyd’s
murder, many organizations are reexamining their services, practices, structures and cultures
with a racial equity lens. Many leaders are seeking assistance to put their values of diversity and
inclusion to action. In this renewed call for justice and equity, our team has seen organizations
as every point on the continuum of “readiness for change.” The City’s RFP describes a very
broad and comprehensive container for understanding community perspectives. As a means of
preparing for the work to be done, we propose facilitating conversations with City leaders to
DeYoung Consulting Services Proposal for City of Eden Prairie 14 | P a g e
understand their readiness for change, and their awareness of issues that may surface during a
deep listening project, such as historical oppression, systemic racism, deep seated mistrust and
interpersonal microaggressions. Community members who choose to share their personal
experiences with racial discrimination, exclusion or inequities are showing vulnerability, which
can be painful. There is a risk of undermining the City’s equity efforts if community insight is not
valued or if residents do not see change as a result of their participation. The degree to which
City leaders are ready for change will impact the process design. For example, given a high
degree of readiness for change, the process may include an early step that applies community
voices to making change, thus demonstrating the value that the City places on its residents’
perspectives. Getting to know what communities are asking for and taking a step toward
change, e.g. ending racial profiling in city citations or communicating plans to preserve
affordable housing, would show communities that real change is possible. The collaborative
approach that we propose throughout the project will be critical to build awareness and gain
buy-in.
Deliverables:
• Meeting design and facilitation
• Facilitated conversation with leaders to assess readiness for change
• Project work plan, timing and action plan
Phase 2: Design engagement process
Once goals are established, another early task will be to help shape a collaborative group that
will offer wisdom, guidance and feedback throughout the project. We will assist in defining
their engagement and clarifying the purpose and charter for the group. Generally, this group
will:
• Design the engagement process and guide our work throughout the project
• Serve as a communication agent within their functional areas
• Review and provide feedback on DYCS’ deliverables
• Identify key areas requiring a change management focus
• Propose next steps within each phase of the project
This group will likely consist of members of the Human Rights and Diversity Commission and
City staff and leaders. In our experience, it is important to include representation from all
functional areas. In addition, inviting community liaisons to join or consult the collaborative
group can be a powerful way to leverage the important perspectives of those who are close to
the issues at hand.
The first vital task for the collaborative group is to conduct a stakeholder analysis and design an
engagement plan. We will seek their insights into stakeholders: what each group stands to gain
from participating, and which stakeholders should provide input into a given area. We will also
facilitate dialogues with the group to determine the individual components of a community
engagement plan, with a goal of designing a transparent, inclusive engagement process that
DeYoung Consulting Services Proposal for City of Eden Prairie 15 | P a g e
builds and maintains trust not just in us but in the City. The plan should foster candid, caring
dialogue at every level. This trust leads to ownership of the results when it comes time for
action planning. Dialogues may cover:
• Stakeholders to engage: What are the interests of each stakeholder group, and what are
their reasons for participating?
• Engagement methods, such as listening sessions, interviews, World Cafés or surveys:
Does each method fit the purpose and goals? What fits within our allotted resources?
• Barriers to engagement and how to address them: Where do race, culture, and privilege
play into these barriers? What human and financial resources will be necessary?
• Communication and outreach methods: How will participants hear about the
opportunity to engage?
• Process evaluation: How will we know we are adhering to our guiding principles, making
progress toward our goals, and able to learn from this process?
Deliverables:
• Charter for collaborative group
• Stakeholder analysis and summary of stakeholders and their interests
• Engagement plan that describes various methods, audiences, and timing
Phase 3: Internal scan with document review and individual interviews
During this phase we will look internally into the City’s policies, practices and strategies specific
to three areas of focus, with an equity lens:
• Emergency response
• Recruiting, Hiring and Retention
• Connection to Community
This exploration will include both a document review and key informant interviews. In addition
to internal documents such as manuals and operational plans, we may review statutes,
litigation claims and results, laws and historical data as well. For example, we may look at how
zoning, redlining and other housing segregation policies have led to current conditions, or
whether and how the City practices race-conscious hiring and contracting, as allowed by law.
With the collaborative group, we will create an interview protocol for each area of focus that
aligns with the project’s goals, and we will seek their insight to identify key informants who can
provide unique, historical or forward-thinking perspectives. (If community liaisons are not part
of the collaborative group, we may decide to have select community leaders inform the
protocol design.) Protocols will vary depending on the informant’s functional expertise, but
generally, the kind of information we may seek to uncover includes:
DeYoung Consulting Services Proposal for City of Eden Prairie 16 | P a g e
What are the rationales behind these policies, practices and strategies? What are
the intended outcomes?
How have the policies, practices and strategies been amended previously and
why?
Where have you seen the most success resulting from these policies, practices and
strategies being in place?
What sticking points do you see when implementing these policies, practices and
strategies? Or, where does most of your effort go in trying to enforce them?
What inequities do you see from your perspective? What might be the root causes
for those inequities? What would it take to eliminate those?
What barriers do these policies, practices and strategies create, and how have
stakeholders (community members/leaders, employees, job candidates, etc.) been
successful in overcoming those barriers in the past?
Where are there overlaps and confusion? If you could ask stakeholders or to help
clarify that confusion, what would your question to them be?
How are employees informed of these policies, practices and strategies, and how
are they supported or trained to implement them?
We will take detailed notes during each interview. We will analyze the data, and summarize
common themes as findings and incorporate them with the findings from our document
review. We will then facilitate a discussion with the collaborative group to interpret the
findings, with a particular eye toward how they inform the external listening phase.
Deliverables:
• Completed document review
• Design of interview protocol
• Completed interviews (15-20)
• Thematic analysis of qualitative data
• Summary of findings for each area of focus, including suggestions for the external
listening phase of the project
Phase 4: Review of best practices
In this phase we will focus particularly on best practices emergency services can use to
strengthen their partnership with community members, as well as best practices in diversity
recruiting, hiring, and retention. The engagement plan developed in Phase 2 will inform
whether to expand this review beyond those two areas. Overall, this scan will be guided by the
same inquiries from the internal scan in Phase 3.
DeYoung Consulting Services Proposal for City of Eden Prairie 17 | P a g e
We will base our scan of best practices on various sources, including research into new and
time-tested strategies and tactics, our own experience and expertise. We can look also to the
Government Alliance of Race and Equity (GARE) as a good source to do benchmarking of a small
number of other municipalities that we collaboratively select with you. Many GARE members
have proposed specific reforms that could be used as emerging or best practices. Local experts
could also be approached for interviews.
Deliverables:
• Protocol of benchmarking interview
• Selection of benchmarking targets
• Completed interviews (2-3)
• Scan of current and best practices
• Summary of best practices research
Phase 5: Deep listening to communities
Using the engagement plan as a guide, we will embark on an intensive community listening
phase. Gathering this data is the most comprehensive component of our work, the portion in
which the most stakeholders are invited to take part in sharing their perspectives. The methods
of engagement will be established collaboratively, but may include listening sessions, a survey,
a World Café (remote or in-person, depending on safety needs), and interviews. Throughout all
of the strategies below, offering incentives like gift cards and/or accommodations like paying
for child care or transportation will be important to ensuring access.
In this phase, we will gather data specific to these topic areas:
• Emergency Response
• Facility/Program Accessibility and Culture
• Connection to Community
• Community Experience
• Developing Future Leaders
Having gone through a discerning look at stakeholders and their interests in Phase 2, we will
collaboratively develop the protocols to be used for listening, as well as draft the
communications to invite participants into the engagement opportunities. The cross-functional
representation of the collaborative
group will be especially critical in this
task. Different subject matter
experts will have unique insight into
which questions would be applicable
to emergency response experiences,
leadership opportunities for youth,
access to facilities, etc. We will
support the development of these protocols by ensuring the questions align with the project
Importantly, the engagements must be woven within the
context of long-term racial and economic oppression. This
may mean exploring topics such as power structures,
participation and decision-making, racism, actions and
inactions taken by leadership, and more.
DeYoung Consulting Services Proposal for City of Eden Prairie 18 | P a g e
goals, the language is accessible and culturally relevant, and the questions are designed to give
the City the kind of information it seeks.
Surveys. We use surveys to gather broad brush information from a large group. We will
collaboratively identify potential participants, such as business owners, educators, and leaders
of community organizations who understand the needs of their communities. Often, we
implement a survey first, asking general questions and seeking to discover areas in which we
may wish to inquire more deeply through other methods such as listening sessions. Our search
for identified strengths begins with the survey, and carries on throughout the data gathering
stage. In addition, a survey can provide quantitative data which can serve as a benchmark and
be used for comparison purposes. For example, surveys can help analyze the gaps between
“what is” and “what is desired.” We will design customized instruments that can be
administered electronically, on paper, or in person.
Listening sessions and interviews. Listening sessions and one-on-one interviews have been at
the heart of many of our projects. Facilitating these engagement sessions, along with large
group meetings (described below) is one area where we shine bright. We will work with the
City to identify community stakeholders for listening sessions and key informant interviews,
and we will develop facilitation protocols. Listening sessions and interviews not only collect
valuable data and set expectations about future action, they also are a critical piece to building
relationships with communities. Especially when targeting historically marginalized
communities, they must be facilitated skillfully.
An in-person listening session will generally have no more than 12 participants, and in an online
setting it is best to invite even fewer. Participants are strategically selected, and in collaboration
with community partners, and may target input from certain groups. For example, to explore
strategies to empower youth and young adults, we may hold a listening session for school
leaders and separate listening sessions for youth.
We will conduct one-on-one interviews with
community leaders to explore key issues that
surface in the listening sessions, or to gather
information that individuals may not be
comfortable sharing in a group. For example,
we may conduct interviews with selected
faith leaders, business owners or other
partners to explore opportunities to
strengthen their partnership with the City.
We take very detailed notes during these
engagement sessions that will be analyzed
alongside other data gathered.
A youth-focused listening session presents the
opportunity for a different approach. For
example, we would invite more artistic
expression and games, so youth have
developmentally appropriate options for
providing their insight. With the power
dynamics due to age, it is especially important
to encourage any response to questions,
meaning that there is no “right” or “wrong”
answer.
DeYoung Consulting Services Proposal for City of Eden Prairie 19 | P a g e
World Cafés meetings: Larger than a listening session, World Café meetings are a helpful
method of gathering large scale community input around multiple topics. We typically use an
Appreciative Inquiry approach to uncover possibilities and strengths that can be leveraged in
addressing ongoing issues.
In a remote setting, when we engage communities through World Cafés, we will use breakout
rooms to manage the “rotation” of participants, allowing them an opportunity to explore each
topic, which may include access to facilities, their connection to other residents, how residents
are informed of City communications, etc. As we would in person, one member of each
breakout room will be assigned to initiate and facilitate discussions, and take notes. We are
aware that certain personality types or cultural groups may be inclined to remain silent rather
than share. We use several strategies to encourage remote participation, such as using the chat
feature or “raise hand” feature.
Asynchronous engagement: Given the increased need for online engagement, we may also
implement additional methods such as text message engagement, asynchronous chat rooms, or
virtual Q&A such as FlipGrid. We have also used a project website where the public can offer
feedback. (We would rely on the City to develop that website and advertise it in different
places.) These methods would allow participants to provide their insight at any time that is
convenient to them, and we would work with the City to decide whether to allow participants
to see or hear others’ responses as well as their own.
Deliverables:
• Design and protocols for each engagement method
• Communications for each stakeholder group, as needed
• Engagement session design and facilitation
Phase 6: Data analysis and presentation of findings
We use an analytical coding method to quantify and consider each individual comment made in
an interview or focus group, so that no inputs are lost. This coding of comments reveals to us
themes and allows us to analyze the strength of those themes, move to findings and from
there, put together initial recommendations for client consideration.
DeYoung Consulting Services Proposal for City of Eden Prairie 20 | P a g e
Data Analysis with an Equity Lens: Our analysis of the qualitative data gathered will
result in overall common themes, which we will report as findings, along with
accompanying comments from various community members. Recognizing that as
analysts we bring our own assumptions and biases to the data, and also
acknowledging the barriers for many to participate in community engagement efforts,
we systematically and deliberately apply an equity lens to both interpreting the data
and reporting the findings. For example, we allow a narrative to emerge from the data
that is generated by participants themselves, as opposed to relying entirely on pre-
established language or framework to overlay and fit to the data. We honor
participants’ own language when describing themes and reporting. Also, we build in
the time needed for a collaborative interpretation of the findings to co-create
meaning with diverse stakeholders who understand the experiences of the
participants. Disaggregating the data as much as possible is meaningful; participants
will likely have diverse perspectives and experiences and we will uncover and
acknowledge those differences. Additionally, if some individuals from
underrepresented communities have strong feelings that are not strongly represented
overall, we will honor those perspectives equitably in the summary and report.
We will facilitate meetings with the collaborative group to make meaning of the findings from
our overall engagement—internal and external—as well as the best practices review, and move
into discussion of recommendations for the final report. This process usually needs facilitation,
and that is another place where our expertise comes to the fore. As consultants, our insights
gained in the engagement stage often put us in unique position to suggest approaches and
resources to support actions. A facilitated discussion may guide a conversation around the
following questions:
• Do these findings match my experience?
• What about these findings is new to me?
• How do the findings reaffirm what we already knew, or deepen our understanding?
• What new actions are called for?
• What communications are called for?
• What is the urgency of these actions and communications?
Feedback can be hard to hear, even when it is strength-based and firmly grounded in principles
of Appreciative Inquiry. Yet candid and constructive feedback is often how organizations find
their way to the most meaningful and actionable growth.
Our role as the only parties in the room to have literally heard and processed all the feedback
(maintaining confidentiality) is to structure and guide the dialogue so that as feedback comes
forward, reasonable options for action also emerge. We aim for a practical set of
DeYoung Consulting Services Proposal for City of Eden Prairie 21 | P a g e
recommendations, even in the early stages, so that the path to action Is not immobilized by too
many extraneous activities. Working with organizations to rank and prioritize potential next
steps is an important part of this phase.
Deliverables:
• Thematic analysis of all data gathered
• Summary and presentation of findings
• Facilitated dialogues about recommended action
Phase 7: Reporting
We will craft a summary report based on the document review, internal scan, community
listening, and best practices review. DYCS has taken part in numerous projects that have
required summarizing and reporting findings back to clients. These final reports have included
executive summaries for distribution to stakeholders, summative reports detailing rationale,
methodology, limitations, overall findings from community gatherings with supporting
community comments, and recommendations for action.
Recommendations in the final report may address, in part, the following:
• Changes to policies, practices, processes and strategies to make them more equitable
• Professional development opportunities for staff and leaders
• Change management ideas for implementation
Deliverable
• Final report including executive summary, methodology, limitations, findings, and
recommendations for action
References
Client reference and contact Project
Dakota County
August 1, 2019 – June 30, 2020
Lori Tolzman, Contract Manager
1 Mendota Road W, Ste 500
West St. Paul, MN 55118
651-554-5878
Lori.Tolzman@CO.DAKOTA.MN.US
Recognizing racial and other disparities in their health
and economic outcomes, the county asked DYCS to
assess its strengths and opportunities related to
structures and processes that would support its goal of
integrating community and family services. We engaged
over 100 staff members, managers, leaders, and
community members via focus groups and interviews,
analyzed the qualitative data and presented findings
and recommendations to assist the county in achieving its goals.
DeYoung Consulting Services Proposal for City of Eden Prairie 22 | P a g e
Client reference and contact Project
Ramsey County
April, 2017 – January, 2018
Kathleen Hedin | Director
Saint Paul – Ramsey County Public Health
90 Plato Blvd. W, suite 200
Saint Paul, MN 55107
o:651.266.2461 | c:651.262.7119
kathy.hedin@CO.RAMSEY.MN.US
DYCS examined the county’s talent attraction,
retention, and promotion process to identify ways in
which the county could more effectively attract and
retain talent. The work was done with a particular eye
toward diverse talent. DYCS designed a robust and
comprehensive assessment plan that engaged
stakeholders and county leadership, relying on
quantitative and qualitative findings. The project
included a county-wide survey (4000 employees), 40
interviews with key stakeholders, 30 focus groups, a
best practices study and documentation review.
Recommendations were developed for future hiring and
recruitment strategies and presented to the county;
they were designed after careful consideration to
feasibility of implementation and buy-in from
leadership.
Large nonprofit (unnamed)
June, 2020 – August, 2020
DYCS was approached and engaged by a large
Minnesota-based nonprofit organization to conduct an
assessment focused on the organization’s DEI efforts.
We gathered a large volume of data from staff and
leaders through listening sessions, interviews, and a
survey. We delivered a final report with findings and
recommendations, within the context of dominant
cultural norms.
Met Council
July 2019
Lynnea Atlas-Ingebretson
Met Council Member
Phone: 651-602-1395
Lynnea.Ai@metc.state.mn.us
DYCS conducted an assessment and facilitated a
visioning session for the Council, followed by a summary
report.
Cost Breakdown
See details in the work plan section above for the methodologies and deliverables of each stage. Budget is based on $200 an hour.
Phase Timeline Deliverables Improve Group DeYoung Total Cost
Project definition
and grounding
Nov 18, 2020 –
December 4,
2020
• Meeting design and
facilitation
• Project work plan, timing and
action plan
$2,600 (13
hours) up to two
project meetings
$2,600 13 (13
hours) up to two
project meetings
$800 (4 hours)
finalize project
work plan;
timing and
action plan)
$6,000 (30
hours)
Design engagement
process
Dec 7, 2020 –
January 15, 2020
• Summary of stakeholders and
their interests
• Engagement plan design
workshop (use of accelerated
action planning)
$2,000 (10
hours) provide
brief input on
design and
attend up to 1
project meeting
$4,000 (20
hours) draft
engagement
design for
review; attend
two project
meetings
$6,000 (30
hours)
Phase Timeline Deliverables Improve Group DeYoung Total Cost
Internal scan
(document review
and interviews)
December 21,
2021 – Jan
22, 2021
• Completed document review
• Design of interview protocol
• Training and technical
assistance for conducting
internal interviews
• Thematic analysis of
qualitative data
• Summary of findings for each
area of focus, including
suggestions for the listening
phase of the project
$4, 000 (20
hours) (design of
interview
protocol;
technical
assistance for
use of protocol;
analysis of up to
15 interviews)
$4, 000 (20
hours)
Review of
literature on
best practices
Jan 25, 2021 –
Feb 5, 2021
• Review literature on best
practices to identify any
pertinent emerging
practices
$2,000 (10
hours)
$2,000 (10
hours)
Deep listening
to
communities
Feb 5, 2021 –
May 30, 2021
• Protocols for each
engagement method
• Survey programmed and
distributed (survey will
contain closed ended
questions only)
• Provide technical
assistance for use of
protocols listening
sessions and interviews
• Conduct World Café meetings
(3-4)
• Conduct interviews (8 half
hour interviews)
$6,400 (32hours)
Provide training
and technical
assistance for
community
engagement;
conduct two
interviews
$7,000 (35
hours) Conduct
3-4 World Café
meetings;
conduct six
interviews
$13,400 (59.5
hours)
Phase Timeline Deliverables Improve Group DeYoung Total Cost
Data analysis
and
presentation
of findings
June 1 – June 25,
2021
• Survey data analysis
(charts only) and
summary
• Qualitative data analysis and
summaries
• Summary and presentation of
findings
• Facilitated dialogues
about recommended
action
$2,000 (10
hours) Data
cleaning and
transfer; Attend
up to one
analysis and
interpretation
meeting
$6,000 (30
hours) Summary
of survey charts,
data analysis and
up to two
meetings to
discuss
recommended
action
$8,000 (40
hours)
Reporting June 28 – July 16,
2021
• Final report including
executive summary,
methodology, limitations,
findings, and
recommendations for
action
$1,600 (8 hours)
Design report
template, attend
up to one client
meeting,
provide TA
and/or review
and feedback on
report
$6,400 (32
hours) Draft final
report and revise
based on
feedback
$8,000 (40
hours)
Expenses
(Incentives to
participate
such as gift
cards)
$2,500
Total $14,600 $32,800
$49,900 (237
hours) plus
expenses
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Carter Schulze
Public Works/Engineering
ITEM DESCRIPTION:
Award Contract to Graybar for the Purchase of Streetlights for West 70th Street related to the Southwest Light Rail Project
ITEM NO.:
VIII.H.
Requested Action Move to: Award the Contract for the purchase of 9 decorative lights from Graybar for West 70th Street related to the Southwest Light Rail Project in the amount of $35,467.06. Synopsis The decorative lights are part of the West 70th Street SWLRT road reconstruction project that is ongoing. Two quotes were received for lighting. One quote from Mlazgar and the other from Graybar. These lights will match the previously installed lighting on West 70th and the future
lights on the City’s portion of West 70th yet to be reconstructed.
Background Information The Golden Triangle Station area includes a small portion of West 70th Street where the SWLRT
will cross the road. The SWLRT project office is reconstructing West 70th as part of this work
and the City is supplying the lighting. The project will include a variety of streetscape improvements including decorative lights, sidewalks and landscaping. Financial Implications Funding for the lights is from the Economic Development Fund. Attachments Contract for Goods
Proposal
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 23rd day of ___October____________ , 2020,
between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080
Mitchell Road, Eden Prairie, MN 55344, and Graybar Electric Company, Inc., a New York
Corporation (hereinafter "Vendor") whose business address is 2300 E 25th St, Minneapolis, MN
55325.
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 materials by Vendor for
Eden Road and Town Center Place Lights hereinafter referred to as the "Materials".
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide the Materials in accordance with attached
Exhibit A (Proposal dated September 9, 2020). 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. Vendor is not the manufacturer and therefore cannot guarantee exact
delivery date(s), but Vendor will endeavor that all Materials under this Contract - be provided,
performed and/or completed by February 12, 2021 , if practical and possible.
Date noted is based on a delivery date estimated at 14-16 weeks following approval of this
Contract.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $35,467.06 as full
and complete payment for the materials provided 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. City agrees to pay invoice within
35 days of invoice date.
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
Standard Purchasing Contract 2017 06 01
W 70th St Lights Page 2 of 9
and property damage. Vendor shall provide City with a Certificate of Insurance
verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of
Vendor’s services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
d. Vendor has provided the City with a Certificate of Insurance evidencing the insurance
coverages required above, which Certificate is attached hereto as Exhibit B.
7. Indemnification. Vendor will defend and indemnify City, its officers, 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 for bodily injury and property damage or resulting from any breach of this Contract
by Vendor, its agents, contractors and employees or any negligent or intentional actor
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 or intentional acts of the
City, its officers, agents or employees.
8. Warranty. The Vendor expressly warrants the materials as provided on Exhibit C attached
hereto and incorporated herein. 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. Vendor warrants that all goods sold are free of any security interest and
will make available to The City all transferable warranties made to Vendor by the manufacturer
of the goods. VENDOR MAKES NO OTHER IMPLIED WARRANTIES, AND
SPECIFICALLY MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR PURPOSE. UNLESS OTHERWISE AGREED IN WRITING BY AN
AUTHORIZED REPRESENTATIVE OF VENDOR, PRODUCTS SOLD HEREUNDER
ARE NOT INTENDED FOR USE IN OR CONNECTION WITH 1) ANY SAFETY
APPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR FACILITY, OR 2) IN
A HEALTHCARE SITUATION, WHERE THE GOODS HAVE POTENTIAL FOR DIRECT
PATIENT CONTACT OR WHERE A SIX (6) FOOT CLEARANCE FROM A PATIENT
CANNOT BE MAINTAINED AT ALL TIMES.
9. Termination. This Contract may be terminated by either party by thirty (30) 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.
Standard Purchasing Contract 2017 06 01
W 70th St Lights Page 3 of 9
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.
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without
the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall
abide by statutes, ordinances, rules, and regulations applicable to the provisions of services to
be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the
services to be provided shall constitute a material breach of this Contract and entitle the City
to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
18. Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY
SHALL BE LIABLE TO THE OTHER FOR ANY INJURY TO OR LOSS OF
GOODWILL, REPUTATION, BUSINESS, PRODUCTION, REVENUES, PROFITS,
ANTICIPATED PROFITS, CONTRACTS OR OPPORTUNITIES (REGARDLESS OF
HOW THESE ARE CLASSIFIED AS DAMAGES) OR FOR ANY EXEMPLARY,
SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, WHETHER ARISING OUT OF
BREACH OF CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR
OTHERWISE REGARDLESS OF WHETHER SUCH LOSS OR DAMAGES WAS
FORESEEABLE OR THE PARTY SUFFERING THE LOSS OR DAMAGE HAS BEEN
ADVISED OF THE POSSIBLITY OF SUCH LOSS OR DAMAGE, AND
NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF
ITS ESSENTIAL PURPOSE.
Notwithstanding any provision of this Agreement to the contrary, in no event shall Vendor’s
liability exceed three times the total amount paid by the City to Vendor under this Agreement.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former employer
in each case.
Standard Purchasing Contract 2017 06 01
W 70th St Lights Page 4 of 9
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract
shall be valid only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Vendor shall post in places available to employees
and applicants for employment, notices setting forth the provision of this non-discrimination
clause and stating that all qualified applicants will receive consideration for employment.
The Vendor shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Vendor further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities
Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to an
officer of the party, or if mailed in a sealed wrapper by United States registered or certified
mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally
recognized, reputable overnight courier, properly addressed to the address listed on page 1
hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of
mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit,
that the time for response to any notice by the other party shall commence to run one business
day after any such mailing or deposit. A party may change its address for the service of
notice by giving written notice of such change to the other party, in any manner above
specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
Standard Purchasing Contract 2017 06 01
W 70th St Lights Page 5 of 9
26. Services Not Provided For. No claim for services furnished by the Vendor not specifically
provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall
not affect the remaining provisions of this Contract.
28. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Vendor or other parties relevant to this Contract are subject to examination
by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years
after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Vendor under this Contract which the City requests to be kept
confidential, shall not be made available to any individual or organization without the City's
prior written approval. This Contract is subject to the Minnesota Government Data Practice
Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined
in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored,
used, maintained, or disseminated by Vendor in performing any of the functions of the City
during performance of this Contract is subject to the requirements of the Data Practice Act
and Vendor shall comply with those requirements as if it were a government entity. All
subcontracts entered into by Vendor in relation to this Contract shall contain similar Data
Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not
affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
City Manager
GRAYBAR ELECTRIC CO., INC.
By: ________________________________
Its: _______________________________ Director, Finance
Standard Purchasing Contract 2017 06 01
W 70th St Lights Page 6 of 9
Standard Purchasing Contract 2017 06 01
W 70th St Lights Page 7 of 9
EXHIBIT A
Quotation
Standard Purchasing Contract 2017 06 01
W 70th St Lights Page 8 of 9
Exhibit B
Certificate of Insurance
Standard Purchasing Contract 2017 06 01
W 70th St Lights Page 9 of 9
Exhibit C
Warranty
DISTRICT MAIN HOUSE
2300 EAST 25TH ST
MINNEAPOLIS MN 55406-1221
Phone: 612-728-3500
Fax: 612-729-2889
To: CITY OF EDEN PRAIRIE
ATTN: ACCOUNTS PAYABLE
8080 MITCHELL RD
EDEN PRAIRIE MN 55344-2203
Attn: Carter Schulze
Phone: 952-949-8300
Fax:
Email: SCOTT.WIRTH@GRAYBAR.COM
Date:
Proj Name:
09/09/2020WEST 70TH STREET
GB Quote #: 0236184984
Release Nbr:
Purchase Order Nbr:
Additional Ref#
Valid From:09/09/2020
Valid To:10/09/2020
Contact:Scott Wirth
Email:scott.wirth@graybar.com
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
Item Item/Type Quantity Supplier Catalog Nbr Description Price Unit Ext.Price
100 1 EA STERNBERG LOT QTY 9 HSF
FIXTURES
$35,467.06 1 $35,467.06
________________________________________________________________________________________________________________
Total in USD (Tax not included): $35,467.06
F O B: ATTN: CARTER
SHIP FROM FACTORY
FREIGHT ALLOWED OVER $30,000
THANKS
This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at
https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR
Page 1 of 2
To: CITY OF EDEN PRAIRIE
ATTN: ACCOUNTS PAYABLE
8080 MITCHELL RD
EDEN PRAIRIE MN 55344-2203
Attn: Carter Schulze
Date:
Proj Name:
09/09/2020WEST 70TH STREET
GB Quote #: 0236184984
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
Signed:___________________________________
This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at
https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR
Page 2 of 2
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Standard Construction Contract with O’Neill Electric, Inc. for the Replacement of the Eden Prairie Road Lift Station Control Panel
ITEM NO.:
VIII.I.
Requested Action Move to: Approve a Standard Construction Contract with O’Neill Electric, Inc. in the amount of $84,000 for the Replacement of the Control Panel at the Eden Prairie Road Sanitary Sewer Lift Station located at 9570 Eden Prairie Road.
Synopsis The attached construction contract is for the replacement of all lift station equipment destroyed by an automobile collision with the city facility in 2019. The project scope includes the
fabrication of a new panel and the installation of all new switch-gear, electronic controls, radio
telemetry, the antenna and antenna pole, plus ventilation piping and protective bollards surrounding the cabinet. Funds for this replacement will be paid initially from the city’s annual lift station rehabilitation wastewater capital fund. Most of the cost will be recovered in an insurance claim through the League of Minnesota Cities with the insured auto owner.
Background Information Proposals were received from three responsible contractors. Award of the contract is recommended to the least-cost proposal. Tabulation of the proposals is included in the
recommendation letter. The lift station controls, the radio telemetry system, and arc-flash
protection for city employees will be upgraded in this project to meet the city’s current new lift station specification and OSHA safety requirements. The work is being overseen by Advanced Engineering and Environmental Services through a professional services agreement for design, bidding, and construction administration.
Attachments Agreement Engineer’s Recommendation Letter
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the _17th_day of _November_, 20_20_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _O’Neill Electric, Inc._, a Minnesota _corporation_(hereinafter
"Contractor") whose business address is_6143 Osgood Avenue North, Stillwater, Minnesota
55082_. .
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 _Replacement of the Eden Prairie Road Lift Station Control Panel_ hereinafter referred to as the "Work".
The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A. Any general or specific
conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Time of Commencement and Completion. The Work to be performed under this Contract
shall be commenced immediately after execution of this Contract. The Work shall be completed by _April 31, 2021_. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $_84,000_ as
full and complete payment for the labor, materials and services rendered pursuant to this
Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay. 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 14
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 14
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 14
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 14
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. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
Standard Construction Contract 2018 08 01 Page 6 of 14
shall be in a form approved by the City. Contractor shall provide the Bond to the City before
commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the
City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor
shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria
required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that
the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
Standard Construction Contract 2018 08 01 Page 7 of 14
deem necessary and appropriate for the performance of its obligations pursuant to this
Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City.
20. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
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.
Standard Construction Contract 2018 08 01 Page 8 of 14
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the
Contract and for a minimum of two (2) years following City’s written acceptance of
the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein.
l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
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
Standard Construction Contract 2018 08 01 Page 9 of 14
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the
Standard Construction Contract 2018 08 01 Page 10 of 14
services provided. The City may use the Information for its purposes and the Contractor also
may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of
this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 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
Standard Construction Contract 2018 08 01 Page 11 of 14
termination of this Contract and for one (1) year thereafter, without prior written consent
of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration
for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil
Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, 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.
Standard Construction Contract 2018 08 01 Page 12 of 14
35. Rights and Remedies. The duties and obligations imposed by this Contract and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
38. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those
requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall
not affect, in any respect, the validity of the remainder of this Contract.
Standard Construction Contract 2018 08 01 Page 13 of 14
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
CONTRACTOR
By: ________________________________ Its: ________________________________
Standard Construction Contract 2018 08 01 Page 14 of 14
Exhibit A, Scope of Work, to Standard Construction Contract with O’Neill Electric, Inc. for the
Replacement of the Eden Prairie Road Lift Station Control Panel
Scope of Work
Contractor will perform the following services in accordance with the project specifications:
1. Furnish and install new process control panel and meter. 2. Install new radar level transducer and back-up float switches. 3. Replace existing vent pipe. 4. Furnish and install new wooden antenna pole.
5. Provide new RG6 communications circuitry and new antenna.
6. Provide new electrical grounding system for new control panel and antenna pole. 7. Reconnect the existing pumps to the new control panel.
CITY’s Responsibilities
CITY shall do the following in a timely manner, so as not to delay the services of CONTRACTOR: 1. Designate a person to act as CITY’s representative with respect to the services to be
rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define CITY’s policies and decisions with respect to services for the Assignment. 2. Provide access to the relevant sites sufficient for CONTRACTOR to perform its
services under this Agreement. 3. Provide any necessary traffic control for the construction site – to be requested by the contractor.
4. Provide any temporary conveyance required to bypass the lift station if such provision is required to maintain public sanitary sewer service during the project. 5. Provide hydro-vac support as required to maintain sewer flows.
6. Provide supplemental labor for installation of transducers, floats, and any other confined space entry work necessary for the completion of the project.
August 30th, 2020
John E. Carlon III
Utilities Field Supervisor
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344
Re: Recommendation for Notice of Award
Eden Prairie Road LS Panel Replacement
Dear Mr. Carlon,
The Eden Prairie Road Lift Station Panel Replacement project request for quotes was sent to 3
electrical contractors to obtain competitive bids. The bids were to be delivered to AE2S by
Tuesday Aug 25th, 2020 at 3:00 P.M. Three (3) bids were received for the project. At the
request of the City, these bids were reviewed by AE2S for compliance in accordance with the
project drawings and specifications.
The project Bid Form consists of the Base Bid which includes all work associated with project
including, but not limited to installing a new control panel and additional work as outlined in the
Drawings and specification that were included in the RFQ package. A detailed copy of the Bid
Tabulation is Below:
Contractor Bid Form Item 1: EP
Road LS
Panel
Replacement
1 O'Neil Electric $84,000.00
2 Prairie Electric $93, 897.00
3 Premier Electric 95,125.00
4
5
6 Engineer's Estimate $98,000.00
The above Bid Tabulation presents a comparison of the apparent low bid (in Bold) to the other
bidders, and Engineer’s estimate for the project. Bids were received from three (3) contractors.
All the Electrical Contractors that submitted a bid are capable of providing a quality product.
Please review the exceptions provided on the low bidder’s proposal; as some of those items
may be required to be provided by the City.
Based on a review of the bids received, pending City of Eden Prairie’s acceptance of the
contract price, Advanced Engineering and Environmental Services, Inc. (AE2S) recommends
City of Eden Prairie
Re: Recommendation for Notice of Award
EP Road Lift Station Panel Replacement
August 25th 2020
Page 2 of 2
that the City award the Base Bid construction contract to O’ Neil Electric. O’ Neil Electric was
the lowest responsive and responsible bidder for a total construction cost of $84,000.00.
Should you have any questions or comments please feel free to contact me.
Sincerely,
AE2S
Charles Haupert, P.E.
Electrical Engineer
Attachment:
(3) Bid Forms
Bid Form
Eden Prairie – Eden Prairie Road LS Panel Replacment 1
DOCUMENT 00300
BID FORM Contractor’s Name _____________________________
PROJECT IDENTIFICATION: Eden Prairie Road LS Panel Replacement
Eden Prairie, Minnesota AE2S No. P02009-2019-003 THIS BID IS SUBMITTED TO: AE2S 6901 East Fish Lake Rd, Ste 184
Maple Grove, MN 55369 Charles.haupert@ae2s.com
BASE BID LUMP SUM PRICE BID
Item
No. Item Description
Unit of
Measure
Unit
Price Lump Sum Bid Price
1 Eden Prairie Road LS Panel Replacement Including Drawings E001,002,601,602,603,701,702,703; Div. 16 Specifications; and Electric Pump Work Outlined in the attachement.
LUMP SUM N/A
Estimated Project Schedule: BIDDER acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents.
O'Neill Electric
$84,000.00
*Project completion date approximately 12 weeks from project being awarded.
Bid Form
Eden Prairie – Eden Prairie Road LS Panel Replacment 2
DATE SUBMITTED :_______________________ If BIDDER is:
An Individual By ___________________________________________________________ (Individual's Name) Doing Business As_______________________________________________ Business Address________________________________________________ Phone & FAX: __________________________________________________
A Partnership By __________________________________________________________ (Firm Name)
_____________________________________________________________ (General Partner's Name & Signature)
Business Address_______________________________________________ Phone & FAX: ________________________________________________ A Corporation ___________________________________________________________ (Corporation Name)
___________________________________________________________ (State of Incorporation) By ________________________________________________________ (Title, Name & Signature of Person Authorized to Sign)
(Corporate Seal)
Attest _____________________________________________________ (Secretary)
09/25/2020
Seth Balsdon
Prime Contractor
6143 Osgood Avenue N
(651) 342-3101
Bid Form
Eden Prairie – Eden Prairie Road LS Panel Replacment 3
Business Address____________________________________________ Phone & FAX: ______________________________________________
END OF SECTION
Ph: 651-342-0906 | ashley@oneillelectricmn.com Prepared By: Seth Balsdon
Customer:TBD
Address:
Contact:TBD
Phone:
Email:
Job Name:Eden Prairie LS Panel Replacement
Jobsite Address:
JOB ITEMS
TERMS & CONDITIONS
Lift Station Panel Replacement
Furnish and install new process control panel and meter
Re-use existing conduits to well
Install new radar level transducer and back-up float switches
Replace existing vent pipe
Reconnect existing pumps to new process control panel
Furnish and install new wood pole for antenna
Provide new RG6 circuitry and new antenna
Provide new grounding system for new control panel and pole
EXCLUSIONS
Back up generator for shut down
Vac truck / sewer bypass truck
Any additional shut down expenses (Traffic control during shutdown) etc..
No labor for confined space entry is included in quote
TOTAL $84,000.00
Please carefully review the attached quote. Any work items not specifically outlined in the above quoted work will be treated as an addition orchange and will be billed as such. This quote is valid for (90) days from above date. Work must be completed by April 30, 2021. Check, Credit Card
(3% fee) and Cash accepted.
Acceptance of Proposal: The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the
work as specified. Payment will be made as listed above. Any work items not specifically outlined in the above quoted work will be treated as an
addition or change and will be billed as such.
08/24/2020
SID #: 2008131
powered by
Thank you for the opportunity to provide you with an estimate for the above scope of work. If you have any questions or comments, please call me at
651-342-0906 or email me at ashley@oneillelectricmn.com.
Seth Balsdon, O'Neill Electric Inc.
Please remit to:
O'Neill Electric Inc.
6143 N. Osgood Avenue
Stillwater, MN 55082
Phone: 651-342-0906
Email: ashley@oneillelectricmn.com
__________________________________________________________
Please sign (Shows Approval)
________________________
Date
_________________________________________________________________________________________
Please print Above Name
08/24/2020
SID #: 2008131
powered by
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Carter Schulze
Public Works/Engineering
ITEM DESCRIPTION: #19811
Award Contract to Traffic Control Corporation for the Purchase of Signal Cabinet for the West 62nd Street Project
ITEM NO.:
VIII.J.
Requested Action Move to: Award the Contract for the purchase of a traffic signal cabinet from Traffic Control Corporation for the West 62nd Street reconstruction project in the amount of $20,683.20.
Synopsis The signal cabinet is part of the City’s West 62nd Street reconstruction project that is ongoing. These signal cabinets are required to follow Hennepin County specification and can only be sourced through Traffic Control Corporation.
Background Information As part of the North Shady Oak Road Improvements completed in 2013, improvements to West 62nd Street were completed up to Optum Way. The plans for the continuation of West 62nd Street
were completed to 95% at that time. According to the United HealthCare Services, Inc (UHG) development agreement, Phase Three Improvements include the east segment of West 62nd Street and these improvements shall be constructed by the opening of the LRT for passenger service or by the time of occupancy for the UHG Phase Three, whichever occurs earlier. With the LRT
moving forward, the Phase Three Improvements and the continuation of West 62nd Street are
needed at this time. This signal system is part of the West 62nd Street project. Financial Implications Design and Construction costs for West 62nd Street will be assessed to UHG.
Attachment Contract for Goods
1 of 2Page
Number 636055
5651 MEMORIAL AVENUEOAK PARK HEIGHTS, MN 55082
PHONE: 651-439-1737
bsachs@trafficcontrolcorp.com
BARNEY SACHSEntered by:
Email:
ALLEN EISINGER
AEisinger@TCC1.com
12/29/20209/30/2020Quote Date
EDEN PRAIRIE, CITY OF8080 MITCHELL RDATTN: ACCOUNTS PAYABLEEDEN PRAIRIE MN 55344USA
952-949-8300
11268
Terms NET 30 BASED ON APPROVED CREDIT
FOB
Salesperson
To
DESTINATION-FRT INCLUDED
Expires
Attn
Email
Phone
X
Name
EmailFax
Location
Book/Call/Item
Contract No CITY PROJECT #19811
Description
Letting Date 62ND STREET
TRAFFIC SIGNAL CABINET
APM Sent for Signature
* PRICING IS BASED ON QUANTITITES AND DESCRIPTIONS POSTED BELOW - DOES NOT INCLUDE APS
CONTROL UNIT OR EVP PHASE SELECTOR *
- LEAD TIME 8-10 WEEKS FOR SIGNAL CABINET BUILD
- DUE TO COVID-19, LEAD TIMES MAY BE IMPACTED, TCC WILL DO IT'S BEST TO KEEP YOU UPDATED ON
ANY DELAYS
Description
Part Number Qty/UMUnit Price Net Price
SIGNAL CABINET - 62ND STREET W @ OPTUM WAY 13,910.00 EA1.00
ECONOLITE CABINET - TS2 16 POSITION BACK PANEL ASSEMBLY, ONE DETECTOR RACK (WITH 8 POSITION PANEL), EXTRA SDLC CABLE FOR AAPS, 80 POSITIONS FUSE BLOCK, 77" ALUMINUM GRAY EXTERIOR WITH ANTI-GRAFITTI/WHITE INSIDE (LEFT SWING HANDLE AWAY FROM STANDARD LOCK), 4 FLASH TRANSFER REALYS, 1 FLASHER, 1 RENO A&E ENHANCED 1600GE MMU2 SMART MONITOR, METAL WASHABLE FILTER, PEDESTRIAN AAPS INTERFACE TERMINAL BLOCK, GPS TIME CLOCK
13,910.00
F06368 422.00 EA1.00
POWER SUPPLY, TS-2 CABINET, 2 AMP: ECONOLITE, 1084-003
422.00
F74868 33.20 EA16.00
LOAD SWITCH SOLID STATE: RENO, LS-200
531.20
F40225 3,250.00 EA1.00
(504) CONTROLLER, COBALT, G, TYPE 1, DATA KEY, 6 YEAR WARRANTY: ECONOLITE, COB11120110000 W/ COBEW6YR
3,250.00
F42211 310.00 EA3.00
BIU (BUS INTERFACE UNIT): ECONOLITE, 160-1003-502
930.00
F11771 260.00 EA4.00
DETECTOR, 2 CH RACK MOUNT, TS 1 / TS 2 TYPE, SOLID STATE OUTPUTS: RENO, C-1200-SS
1,040.00
FIELD SERVICE 600.00 EA1.001 TRIP, UP TO 4 HOURS ON SITE - CABINET TURN ON ASSISTANCE FROM TCC TECH 600.00
2 of 2Page
Number 636055
5651 MEMORIAL AVENUEOAK PARK HEIGHTS, MN 55082
PHONE: 651-439-1737
bsachs@trafficcontrolcorp.com
BARNEY SACHSEntered by:
Email:
Description
Part Number Qty/UMUnit Price Net Price
Item Total 20,683.20
As an authorized purchaser for the above named company, the undersigned agrees to the above quantities, prices, and
terms listed above. Pricing does not include applicable sales taxes. If order is to be exempt sales tax, documentation m
be provided at time of order.
PO Number
Printed NameSignature
Auth Date
Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com.
Taxable Exempt
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Rick Getschow, City Manager
ITEM DESCRIPTION:
Approval of Agreement with National Research Center and Polco for the 2020 Community Survey
ITEM NO.:
VIII.K.
Requested Action
Move to: Approve Agreement with the National Research Center (NRC) and Polco to conduct the 2020 Community Survey. Background
As the Council is aware, the City conducts a Community Survey every other year in even-numbered years. From 2006 – 2012 the City hired Decision Resources, a local polling firm to conduct this survey. In 2014, the City changed to the National Resource Center out of Colorado, as they could deliver a more robust product that included greater detail, more comparisons and additional follow-up services.
The NRC has been conducting community feedback surveys for cities and counties across the country for more than twenty years. They have worked with more than 20 different Minnesota communities including the cities of Maple Grove and Bloomington. Additionally, they have the ability to compare the survey data we will collect in 2020 with the data we have collected in the
previous seven surveys. In addition, the NRC has survey response data from 500 jurisdictions in the United States that can be compared to Eden Prairie’s data. Recently, NRC merged with Polco, a community engagement platform. The City was already an existing Polco subscriber, but now these two contracts and subscriptions have been combined. The Polco premium level, valued at $2,388, will now be included in the biennial subscription cost. By subscribing, the City
has locked in this year’s price for the next two biennial surveys. The City has the option to opt out of the auto renewal subscription before the renewal date with no penalty. Similar to 2018, the NRC utilizes a mail in survey, instead of a phone survey, which was used with Decision Resources. There are several benefits to the mail-in format including the ability to
ask more questions and to include complete geographic coverage of the city that does not rely upon phone numbers (this is particularly important due to the high number of homes without a land line). In addition to presenting the survey results to the Council in March, the NRC will also conduct a
Next Steps Workshop for the Council and staff where the survey results will be used to create action steps. NRC also provides the City with a URL to promote, allowing all residents an opportunity to complete the Quality of Life Survey. The NRC will evaluate the quality of the data collected via
this opt-in survey to determine if it can be integrated into the scientifically sampled mailed
survey. Regardless of if the data can be integrated, the NRC will provide tables of results for the
survey. The timing of the survey will be the same as it has been in the past. The surveys will be mailed in mid-November. The total cost of the survey, including the Next Steps Workshop, is $35,400. For
comparison purposes, the cost of the 2018 Community Survey was $35,400.
Attached is a copy of a contract drafted by the NRC and Polco for the survey work. Staff recommends approval of the contract.
Attachment NRC/Polco Contract
Policy Confluence, Inc.
(DBA National Research Center, Inc.)
ENTERPRISE SERVICES AGREEMENT
THIS ENTERPRISE SERVICES AGREEMENT (this “Agreement”) is effective as of _________ , 20__ between Policy Confluence, Inc., a Delaware corporation (“Polco” or “Company”), and The City of Eden Prairie, a Minnesota municipality (“Customer”). This Agreement includes and incorporates the
Company’s Website Terms of Use (the “Terms of Use” found at https://info.polco.us/eula) and Survey Product Terms of Use (the “Terms of Use” found at https://www.n-r-c.com/terms-of-use/) and the
Company’s privacy policy (the “Privacy Policy” found at https://info.polco.us/privacy and), which contain, among other things, warranty disclaimers, liability limitations, and use limitations.
WHEREAS, Customer desires to engage Polco to conduct a mail and web survey of Eden Prairie residents;
WHEREAS, Customer wishes to procure from Polco the services described herein, and Polco wishes to provide such services to Customer, each on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Definitions.
“Authorized User” means each of the individuals authorized to use the Services (defined below in Section 2.1) or Polco Materials pursuant to the terms and conditions of this Agreement, or any additional
individuals or Persons authorized to use the Services or Polco Materials as approved solely by Polco, as set forth in Schedule A.
“Customer Data” means, information, data and other content, other than Resultant Data in any form or medium, that is collected, downloaded or otherwise received, directly or indirectly from Customer or an Authorized User by or through the Services or that incorporates or is derived from the Processing of such information, data or content by or through the Services.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association or other entity.
“Polco Materials” means any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided or used by Polco in connection with the Services or otherwise comprise or relate to the Services. For the avoidance of doubt, Polco Materials include Resultant Data and any information, data or other content derived from Polco’s monitoring of Customer's access to or use of the Services, but do not include Customer Data.
“Process” means to take any action or perform any operation or set of operations that the Services are capable of taking or performing on any data, information or other content. “Processing” and “Processed” have correlative meanings.
1
"Representatives" means, with respect to a party, that party's and its affiliates' employees, officers, directors, consultants, agents, independent contractors, service providers, and legal advisors.
“Resultant Data” means information, data and other content that is derived by or through the Services from Processing Customer Data, including, without limitation, statistics and Services analytics, and is sufficiently different from such Customer Data that such Customer Data cannot be reverse engineered or otherwise identified from the inspection, analysis or further Processing of such information, data or content.
2. Services.
2.1. Services. The Company offers a variety of and products and services accessible through the
Company’s website https://polco.us (the “Website”) free of charge including promoting civic engagement by providing tutorials, example questions, sample result dashboards, and a library of best civic engagement
practices and other such functionality as may be provided from time to time (collectively, the "Free Content
and Services"). During the Term (defined below in Section 7.1) and subject to the and conditioned on
Customer’s and its Authorized Users’ compliance with the terms and conditions of this Agreement, Polco shall use commercially reasonable efforts to provide to Customer and its Authorized Users (a) the Free
Content and Services, and (b) any custom survey services as described in the attached Schedule A and this Agreement (the “Custom Services,” together with Free Content and Services, the “Services”). Polco
will use commercially reasonable efforts to make the Services available to the Customer twenty-four (24) hours per day, seven (7) days per week every day of the year, except for: (i) Service downtime or
degradation due to a Force Majeure Event (defined below in Section 12); (ii) any other circumstances beyond Polco’s reasonable control, including Customer’s or any Authorized User’s use of third party
materials or use of the Services other than in compliance with the express terms of this Agreement or the Terms of Use; and (iii) any suspension or termination of Customer’s or any Authorized Users’ access to or
use of the Services as permitted by this Agreement or the Terms of Use.
2.2. Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Company has and will retain sole control over the operation, provision, maintenance, and management of the Services; and (b) Customer has the responsibility for making all arrangements necessary for Customer to have access to the Website and ensuring that all persons who access the Website through Customer’s internet connection are aware of this Agreement, the Terms of Use, and the Privacy Policy, and comply therewith.
2.3. Changes. Polco reserves the right, in its sole discretion, to make any changes to the Services or Polco Materials that it deems necessary or useful to: (a) maintain or enhance the quality or delivery of Polco’s services to its customers, or (b) to comply with applicable law. Without limiting the foregoing, either party may, at any time during the Term, request in writing changes to the Services or Polco Materials. The parties shall evaluate and, if agreed, implement all such requested changes. No requested changes will be effective unless and until memorialized in a written change order signed by both parties.
2.4. Suspension or Termination of Services. Polco may suspend, terminate or otherwise deny Customer’s or any Authorized User’s access to or use of all or any part of the Services or Polco Materials if: (a) Polco believes, in its sole discretion, that Customer or any Authorized User has failed to comply with, any term of this Agreement, or accessed or used the Services or Polco Materials beyond the scope of the rights granted or for a purpose not authorized under this Agreement; or (b) this Agreement expires or is terminated. This Section 2.4 does not limit any of Polco’s other rights or remedies, whether at law, in equity or under this Agreement.
2.5. Applicability of Additional Agreements. As a user of Company’s Website, Customer is subject to the Terms of Use and the Privacy Policy as are in effect from time to time. In the event of any conflict between this Agreement, the Terms of Use and Privacy Policy, this Agreement shall first govern, followed by the Terms of Use and the Privacy Policy.
3. Authorization and Customer Restrictions.
2
3.1. Authorization. Subject to and conditioned on Customer’s payment of the fees and compliance and performance in accordance with all other terms and conditions of this Agreement, Polco hereby authorizes Customer to access and use, solely during the Term, the Services and Polco Materials as Polco may supply or make available to Customer. This authorization is non-exclusive and, other than as may be expressly set forth in Section 13.6, non-transferable. Notwithstanding the foregoing, Polco hereby grants to Customer a perpetual, royalty-free, non-transferable license to use any tangible Polco Materials provided to Customer by or through the Services during the Term, which license shall survive the termination of this Agreement.
3.2. Limitations and Restrictions. Customer shall not, and shall not permit any other Person to, access
or use the Services or Polco Materials except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement
expressly permits:
(a) copy, modify or create derivative works or improvements of the Services or Polco Materials;
(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Polco Materials to any Person, including on or in connection with the internet
or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part;
(d) bypass or breach any security device or protection used by the Services or access or use the Services other than by an Authorized User through the use of his or her own then valid access credentials;
(e) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services or Polco’s provision of services to any third party, in whole or in part;
(f) access or use the Services or Polco Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Polco customer), or that violates any applicable law;
(g) access or use the Services or Polco Materials for purposes of competitive analysis of the Services, the development, provision or use of a competing software service or product or any other purpose that is to Polco’s detriment or commercial disadvantage; or
(h) otherwise access or use the Services or Polco Materials beyond the scope of the authorization granted under Section 3.1.
3.3. Customer Responsibilities. Except as otherwise determined by Polco, Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to,
access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). In the event Polco
obtains or provides any such Equipment, Polco shall only be responsible for maintaining such Equipment. Customer shall also be responsible for maintaining the security of the Equipment, Customer account,
passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
4. Fees; Payment Terms.
4.1. Fees. Customer shall pay Polco the fees (“Fees”) for the Services on or prior to the date due set
forth on Schedule A, which shall be payable to Polco in US dollars in the amounts and pursuant to the
3
payment schedules set forth on Schedule A. To the extent Fees are not set forth on Schedule A, Polco may, in its sole discretion, modify and increase Fees upon providing written notice to Customer at least sixty (60) calendar days prior to the commencement of any Renewal Term, and the applicable Schedule A will be deemed amended accordingly.
4.2. Taxes. All fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on Polco’s income.
4.3. Late Payment. If Customer fails to make any payment when due, then a 1.5% charge per month
(or the applicable amount allowed by law, whichever is less) shall be assessed on any amount past due. Furthermore, should Customer fail to settle amounts past due within thirty (30) days of Customer’s invoice receipt, Polco may, without notice, (i) suspend performance of the Services until all past due amounts and interest thereon have been paid, or (ii) terminate this Agreement. Customer shall reimburse Polco for all costs in collecting any late payments or interest, including actual attorneys’ fees, court costs and collection agency fees.
4.4. No Deductions or Setoffs. All amounts payable to Polco under this Agreement shall be paid by Customer to Polco in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable law).
5. Intellectual Property Rights.
5.1. Ownership of Services and Polco Materials. All right, title and interest in and to the Services, Polco Materials and the Resultant Data, including all Intellectual Property Rights therein, are and will remain with Polco. Customer has no right, license or authorization with respect to any of the Services or Polco Materials except as expressly set forth in Section 3.1. All other rights in and to the Services and Polco Materials are expressly reserved by Polco and the respective third-party licensors. In furtherance of the foregoing, Customer hereby unconditionally and irrevocably grants to Polco an assignment of all right, title and interest in and to the Resultant Data, including all Intellectual Property Rights relating thereto.
6. Confidentiality.
6.1. Confidential Information. In connection with this Agreement, each party (as the "Disclosing Party") may disclose or make available Confidential Information to the other party (as the "Receiving Party"). "Confidential Information" means information in any form or medium (whether oral, written, electronic or other) that the Disclosing Party considers confidential or proprietary, including, but not limited to, information relating to the Disclosing Party’s technology, software, code, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, in each case whether or not marked, designated or otherwise identified as "Confidential". Without limiting the foregoing, all Polco Materials are the Confidential Information of Polco and the financial terms of this Agreement are the Confidential Information of Polco. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information's being disclosed or made available to the Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by the Receiving Party's or any of its Representatives' noncompliance with this Agreement; (c) was or is received by the Receiving Party on a non-confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (d) was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.
6.2. Protection of Confidential Information. As a condition to being provided with any disclosure of or
access to Confidential Information, the Receiving Party shall for three (3) years after the Term: (a) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations under
and in accordance with this Agreement; (b) not disclose or permit access to Confidential
4
Information other than to its Representatives who: (i) need to know such Confidential Information for purposes of performing obligations under and in accordance with this Agreement; (ii) are informed of the confidential nature of the Confidential Information and bound by written confidentiality and restricted use obligations at least as protective as the terms set forth in this Section 6.2; (c) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its most sensitive information and in no event less than a reasonable degree of care; and (d) ensure its Representatives' compliance with, and be responsible and liable for any of its Representatives' non-compliance with, the terms of this Section 6.
6.3. Residual Works. In addition to other rights and provisions in this Agreement and subject to the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (“MGDPA”) as provided in Section 13.19(b), Polco shall be free to use for any purpose the Resultant Data resulting from access to or work with the Confidential Information or any information or ideas provided by Customer with respect to the Services.
6.4. Feedback. The Customer may from time to time provide suggestions, comments or other feedback ("Feedback") to Polco with respect to the Services. Both parties agree that all Feedback is and shall be given entirely voluntarily. Feedback, even if designated as confidential by Customer, shall not, absent a separate written agreement, create any confidentiality obligation for Polco. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, Polco will own the Feedback and shall be free to use, disclose, protect (e.g., patent, copyright, trademark, trade secret, etc.), reproduce, license or otherwise distribute, and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
6.5. Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable law, including but not limited to the MGDPA, to disclose any Confidential Information then, to the extent permitted by applicable law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under Section 6; and (b) provide reasonable assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this
Section 6.5, the Receiving Party remains required by law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that the Receiving Party is legally required to disclose.
7. Term and Termination.
7.1. Term. The initial term of this Agreement shall be for a period of twenty four (24) months from the Effective Date ("Initial Term"). The Initial Term shall automatically renew for additional successive twenty four (24) month periods (each, a “Renewal Term”, and together with the Initial Term, the “Term”), unless earlier terminated pursuant to this Agreement or either party gives the other party written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current Term.
7.2. Termination. In addition to any other express termination right set forth elsewhere in this Agreement:
(a) Polco may terminate this Agreement, effective immediately upon written notice to
Customer, if Customer: (i) fails to pay any amount when due hereunder, and such failure continues more than thirty (30) days after the date such amounts are due; or (ii) breaches any of its obligations
under Section 3.2 (Limitations and Restrictions) or Section 6 (Confidentiality);
(b) Customer may terminate this Agreement, effective immediately upon written notice to Polco, if Polco breaches any of its obligations under Section 6 (Confidentiality);
(c) either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach: (a) is incapable of cure; or (b) being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach; or
(d) either party may terminate this Agreement, effective immediately upon written notice to the other party, if the other party: (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property
or business.
7.3. Effect of Expiration or Termination. Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement:
(a) all rights, licenses, consents and authorizations (including, without limitation, access to the Services) granted by either party to the other hereunder will immediately terminate;
(b) Customer shall immediately cease all use of any Services and Polco Materials and (i) promptly return to Polco, or at Polco’s written request destroy, all documents and tangible materials containing, reflecting, incorporating or based on Polco’s Confidential Information; and (ii) permanently erase Polco’s Confidential Information from all systems Customer directly or indirectly controls; except to the extent and for so long as required by applicable law and all such information and materials will remain subject to all confidentiality requirements of this Agreement;
(c) Polco may disable all Customer and Authorized User access to the Services; and
(d) if Polco terminates this Agreement pursuant to Section 7.2, Customer shall pay all Fees
payable as of the date of Polco’s written notice of termination.
7.4. Surviving Terms. The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: Section 3.2, Section 5, Section 6, Section 7.3, this Section 7.4, Section 8, Section 9, Section 10, Section 11, and Section 13.
8. Representations and Warranties.
8.1. Representations and Warranties. Customer represents and warrants to Polco that it has the full right, power and authority to enter into and perform its obligations and grant the rights, licenses, consents and authorizations it grants or is required to grant under this Agreement; and Customer owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Data so that, as received by Polco and Processed in accordance with this Agreement, they do not and will not infringe, misappropriate or otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party or violate any applicable law. Additionally, Customer represents and warrants that Customer will use (and will cause any Authorized Users to use) the Services and Polco Materials only in compliance this Agreement, and all applicable laws and regulations.
8.2. DISCLAIMER OF WARRANTIES. ALL SERVICES ARE PROVIDED “AS IS” AND POLCO HEREBY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND POLCO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, POLCO MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ANY THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR
6
CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.
9. Indemnification.
9.1. Customer’s Indemnification. Customer shall indemnify, hold harmless and defend Polco and its
affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all losses, liability, claims, damages, actions, penalties, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification under this Agreement, arising out of or relating to (a) any actual or alleged infringement of a third party's Intellectual Property Rights from use of Customer Data; (b) any act or omission by Customer or any Authorized Users in connection with use of the Services; c) Customer’s or any Authorized User’s use of the Services or Polco Materials other than as expressly allowed by this Agreement; (d) Customer’s or any Authorized User’s breach of this Agreement; or (e) any actual or alleged infringement of a third party's Intellectual Property Rights resulting from Customer’s or any Authorized User’s modifications and/or combinations of the Services or Polco Materials. Customer shall inform Polco as soon as practicable of any claim or action alleging such infringement or unauthorized disclosure, and shall not settle any claim or action unless Polco consents to such settlement in writing.
9.2 Polco’s Indemnification. Polco shall indemnify, hold harmless and defend Customer and its elected officials, employees, agents, successors and assigns from and against any and all losses, liability, claims, damages, actions, penalties, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification under this Agreement, arising out of or relating to (a) any actual or alleged infringement, misappropriation, or other violation of a third party's Intellectual Property Rights by Polco in connection with the Services provided to Customer; or (b) Polco’s breach of this Agreement. Polco shall inform Customer as soon as practicable of any claim or action alleging such infringement or unauthorized disclosure, and shall not settle any claim or action unless Customer consents to such settlement in writing.
10. Mitigation.
10.1. Mitigation. If any of the Services or Polco Materials are, or in Polco's opinion are likely to be, claimed to infringe, misappropriate or otherwise violate any third-party Intellectual Property Right, or if Customer's or any Authorized User's use of the Services or Polco Materials is enjoined or threatened to be enjoined, Polco may, at its option and sole cost and expense and subject to Polco’s obligation to indemnify customer as provided in Section 9.2: (a) obtain the right for Customer to continue to use the Services and
Polco Materials materially as contemplated by this Agreement; (b) modify or replace the Services and Polco Materials, in whole or in part, to make the Services and Polco Materials non-infringing, or (c) by written notice to Customer, terminate this Agreement with respect to all or part of the Services and Polco Materials, and require Customer to immediately cease any use of the Services and Polco Materials or any specified part or feature thereof.
11. Limitations of Liability.
11.1. EXCLUSION OF DAMAGES. IN NO EVENT WILL EITHER PARTY OR ANY OF THEIR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, OR (c) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
12. Force Majeure. In no event will Polco be liable or responsible to Customer, or be deemed to have breached this Agreement, for any failure or delay in fulfilling or performing any term of this
Agreement, when and to the extent such failure or delay is caused by any circumstances beyond Polco’s reasonable control (a “Force Majeure Event”), including, but not limited to, failures or interruptions of
communications facilities or equipment of third parties, labor strikes or slowdowns, shortages of resources or materials, acts of God, natural disasters, fire, world events, delay or disruption of shipment or delivery,
trespass or interference of third parties, or similar events or circumstances outside Polco’s reasonable control, whether or not otherwise enumerated. Either party may terminate this Agreement if a Force Majeure
Event continues substantially uninterrupted for a period of thirty (30) days or more.
12. General Provisions.
13.1. Further Assurances. Upon a party’s reasonable request, the other party shall, at the requesting party’s sole cost and expense, execute and deliver all such documents and instruments, and take all such further actions, necessary to give full effect to this Agreement.
13.2. No Agency. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.
13.3. Notices. All notices, requests, claims, demands and other communications hereunder shall be in writing by electronic mail or other electronic means to the address of the party specified by the parties from time to time.
13.4. Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
13.5. Entire Agreement. This Agreement, including all Schedules attached hereto, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
13.6. Assignment. Customer shall not assign or otherwise transfer any of its rights or obligations
under this Agreement without Polco’s prior written consent, which consent Polco may give or withhold in its sole discretion. For purposes of the preceding sentence, and without limiting its generality, any merger, consolidation or reorganization involving Customer will be deemed to be a transfer of rights or obligations under this Agreement for which Polco’s prior written consent is required. No delegation or other transfer will relieve Customer of any of its obligations or performance under this Agreement. Any purported assignment, delegation or transfer in violation of this Section 13.6 is void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. 13.7. Notices. Any notice, request, consent, claim, demand, waiver, or other communications under this Agreement have legal effect only if in writing and addressed to a party as follows (or to such other address or such other person that such party may designate from time to time in accordance with this
Section 13.3):
If to Polco: Policy Confluence, Inc. 8001 Terrace Avenue, #201 Middleton, WI 53562
E-mail: alex@polco.us Attention: Alex Pedersen, Chief Financial Officer
If to Customer: The City of Eden Prairie
E-mail: rgetschow@edenprairie.org Attention: Rick Getschow, City Manager
13.8. Notices sent in accordance with this Section 13.7 will be deemed effectively given: (a) when received, if delivered by hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier, signature required; (c) when sent, if by email, (with confirmation of transmission), if sent during the addressee’s normal business hours, and on the next business day, if sent after the addressee’s normal business hours; and (d) on the fifth day after the date mailed by certified or registered mail, return receipt requested, postage prepaid.
13.9. Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each party. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving.
13.10. Severability. If any provision of this Agreement is invalid, illegal or unenforceable in any
jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
13.11. Governing Law; Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota. The parties submit all of their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the state and/or federal courts located in Hennepin County, the State of Minnesota.
13.12. Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the
transactions contemplated hereby.
13.13. Equitable Relief. Customer acknowledges and agrees that a breach or threatened breach by Customer of any of its obligations under Section 3.2 or Section 6 would cause Polco irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, Polco will be entitled to equitable relief, without any requirement to post a bond. Such remedies are in addition to all other remedies that may be available at law, in equity or otherwise.
13.14. Counterparts. This Agreement may be executed in counterparts, including by facsimile or pdf, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
13.15. Compliance with Laws and Regulations. In providing Services hereunder, Polco 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 Customer to immediately terminate this Agreement.
13.16. Conflicts. No salaried officer or employee of Customer and no member of the City Council of Customer shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
13.17. Non-Discrimination. During the performance of this Agreement, Polco 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. Polco 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. Polco 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. Polco 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.
13.18. Services Not Provided For. No claim for services furnished by Polco not specifically provided for herein shall be honored by Customer.
13.19. Statutory Provisions.
(a) Audit Disclosure. The books, records, documents and accounting procedures and practices of Polco or other parties relevant to this Agreement are subject to examination by Customer and
either the Minnesota Legislative Auditor or the Minnesota State Auditor for a period of six (6) years after the effective date of this Agreement.
(b) Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by Polco under this Agreement which Customer requests to be kept confidential, shall
not be made available to any individual or organization without Customer’s prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes
Chapter 13 (MGDPA). 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 Polco
in performing any of the functions of Customer during performance of this Agreement is subject to the requirements of the MGDPA and Polco shall comply with those requirements as if it were a
government entity. All subcontracts entered into by Polco in relation to this Agreement shall contain similar MGDPA compliance language.
[Signature Page Follows]
9
IN WITNESS WHEREOF, the parties hereto have executed this Enterprise Services Agreement as of the date first above written.
POLICY CONFLUENCE, INC.
By: _____________________________ Name: Title:
CUSTOMER: CUSTOMER:
By: _________________________________ Name: _______________________________ Title:
By: __________________________________ Name: _______________________________ Title:
[Signature Page to Enterprise Services Agreement]
Scope of Work National Research Center, Inc. (NRC) proposes to administer a five-page mailed survey. Following data
collection, the report of results will summarize the attitudes and opinions of residents city-wide, provide select crosstabulations by respondent demographics (e.g., respondent age, gender, length of residency) as well as the geographic location of respondents’ place of residency. Where possible, the report of results also will provide benchmark comparisons for service ratings to the nation and a custom set of peers, as well as comparisons to previous survey years where applicable. Following is an outline of NRC’s proposed scope of work:
• Update and finalize the survey to measure resident opinion, using the 2018 Quality of Life Survey as the starting point and to include one open-ended question.
• Mail the survey to 2,000 randomly selected Eden Prairie households utilizing NRC's multi-contact
approach: one prenotification postcard and two waves of the survey. Residents from the random sample will be able to respond online, if preferred. The mailing materials will contain a small text box translated into Spanish and Somali stating “If (name of language) is your preferred language, please take the survey online using any in-browser translator extension at (survey website link).”
• Manage all aspects of data collection.
• Weight the data to mirror the Eden Prairie 2010 Census or most recent American Community Survey (ACS) population profile.
• Produce a report of results including basic frequencies of results, comparisons to previous years, benchmark comparisons, crosstabulations by select respondent demographics and geographic location and key driver analyses (to reveal service importance). The report will include an executive summary and report of results, including data presented in tables and charts, along with detailed survey methodology notes.
• Prepare presentation materials and make a presentation of results to the City and prepare and conduct a Next Steps Workshop either that same day or the following day to the City.
• All residents in the community will be given the opportunity to complete the Quality of Life Survey online. The City will promote the survey URL through its communication channels. NRC will evaluate the quality of the data collected via this opt-in survey to determine if it can be integrated into the scientifically sampled mailed survey. Regardless if the data can be integrated, NRC will provide tables of results for this survey.
Cost of Services For the preceding scope of work, the total cost is $35,400, inclusive of printing/postage. Because the City of Eden Prairie has an existing contract for Polco’s civic engagement platform, we are happy to extend the 2018 Quality of Life Survey pricing through 2025. Typically, Polco’s engagement platform at the Premium level (currently valued at $2,388 annually) is included in the scope of services for clients who conduct a traditional resident survey. The costs reflected in this contract for the 2020 Quality of Life Survey (and subsequent two survey administrations) includes a discounted rate to account for Eden Prairie’s existing Polco subscription (which is valid through 2022).
Project Timeline Begin survey development ........................................................................................................................... October 1 Council approval of contract .................................................................................................................. November 17 Design mailing materials .......................................................................................................... through November 17 Design survey sample ............................................................................................................... through November 17 Complete survey development .................................................................................................. through November 17 Mail pre-notification postcard .................................................................................................................. December 1 Mail first wave survey ............................................................................................................................. December 8 Mail second wave of surveys ................................................................................................................. December 15 Online community-wide, open participation survey is available to residents............................ January 5 – January 19 Data collection, cleaning and coding of surveys ............................................................................ through January 19 Electronic data entry ..................................................................................................................... through January 19 Data analysis and report writing .................................................................................................. through February 16 Draft report sent to Eden Prairie via email for review ............................................................................... February 16 Feedback from Eden Prairie on draft report due to NRC .......................................................................... February 23 Report finalized by NRC ................................................................................................................................ March 2 Final report emailed to Eden Prairie ............................................... March 2 (approximately one week after feedback) Presentation of results and Next Steps Workshop ........................................................................... Mid-March (TBD)
[A-1]
Payment Schedules (pending renewal)
We are introducing a subscription model for our pricing structure in which we would hold prices steady for three biennial surveys, and then revisit prices with you in the 2025 renewal period. The subscription period is two years/ twenty four (24) months, renewed automatically. However, you would get notification of auto renewal 90 days before each renewal date and could opt out with no penalty before the new 24-month period begins. The City can pay at the outset of each 24-month period.
Resident Survey Subscription 2020 2021 2022 2023 2024 2025 Total
Annual cost of biennial resident survey (mailed to 2,000) (annual subscription, no cost smoothing) $35,400 $35,400 $35,400 $106,200
[A-1]
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
November 17, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Beth Novak-Krebs
ITEM DESCRIPTION:
Trail Pointe Ridge Planned Unit Development Amendment
ITEM NO.:
IX.A.
Requested Action Move to:
• Close the Public Hearing; and
• Approve the 1st and 2nd Reading of the Ordinance for the Planned Unit Development
District Amendment with waivers on 2.03 acres.
• Approve the First Amendment to the Development Agreement for Trail Pointe Ridge Synopsis The applicant is requesting approval of an amendment to the Trail Pointe Ridge Planned Unit Development regarding parking. The property is located at 16397 Glory Lane. The building contains 58 workforce housing units and was approved as part of the Smith Village project. Construction of the project is nearly complete. The approved plan for the Trail Pointe Ridge portion of the Smith Village project requires 116 total parking stalls. There are 49 covered
parking stalls in the underground parking garage and 67 surface parking stalls. City Code requires 58 covered parking stalls; however, a waiver was granted to allow 49 covered parking stalls in the underground parking garage. The amendment would allow the removal of one covered parking stall in the underground parking garage and the addition of one surface parking stall to maintain 116 stalls.
Background It was recently discovered that an air exchanger unit for the HVAC was larger than anticipated. After exploring a number of options for potentially relocating the unit, the applicant determined that the most cost effective option was to maintain its location in the underground parking
garage. However, this location results in the loss of one of the covered parking stall. In order to continue to provide the overall number of required parking stalls, the applicant is proposing to provide one additional surface parking stall to replace the underground parking stall. The new surface parking stall has already been constructed pre-approval of this application because the curbing and parking lot paving work for the project was in progress. It was more cost effective
to add the surface parking stall while the other parking lot work was being completed rather than adding it later. Because the 49 covered parking stalls were specifically permitted as part of a waiver request through the original Planned Unit Development approval as defined in the Trail Pointe Ridge
Development Agreement, a Planned Unit Development Amendment is required so the waiver can be revised from 49 to 48 covered parking stalls.
Proposed
Surface
Parking Stall
Site Plan The surface parking lot for Trail Pointe Ridge is
located between Eden Prairie Road and the building. The new surface parking stall is proposed at the end if the row of parking on the outside edge of the curve to the underground parking garage.
This parking stall fits nicely into the site plan and
requires minimal site changes to add it. The addition of the surface parking stall results in zero tree loss, and requires minimal changes to grading and requires moving a light pole 9 feet to the east.
Adding this parking stall allows the site to maintain
compliance with the required total of 116 parking stalls. Requested Waiver Amendment The applicant is requesting to amend the original
waiver as follows: Covered Parking Stalls: City Code requires that one of the two required parking stalls per
unit are covered. The Waiver allows Trail
Pointe Ridge to have 48 underground parking stalls. Planning Commission Recommendation The Planning Commission voted 7-0 to
recommend approval of the project at the October 26, 2020 meeting. The developer has already signed the First Amendment to the Development Agreement. If the
Council desires to approve the 1st and 2nd reading together, that option is available. Staff has
drafted the Actions Requested to reflect the option of a combined 1st and 2nd reading. Attachments 1. Ordinance for PUD Amendment with a Waiver 2. Summary of Ordinance
3. Staff Report 4. Guide Plan Map 5. Zoning Map 6. Aerial Map 7. First Amendment to Development Agreement
TRAIL POINTE RIDGE PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-2020-PUD-9-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the designation of the land be amended within the RM-2.5 Zoning District as 17-2020-PUD-9-2020 (hereinafter "PUD-9-2020”).
Section 3. The City Council hereby makes the following findings: A. PUD-9-2020 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-9-2020 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-9-2020 are justified by the design of the
development described therein. D. PUD-9-2020 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 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the RM-2.5 Zoning District as Planned Unit Development PUD-9-
2020 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 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated August 9, 2019 entered into between CB Eden Prairie Housing
Limited Partnership, a Minnesota limited partnership, and the City of Eden Prairie, as amended by that certain First Amendment to Development Agreement dated November 17, 2020
(collectively hereinafter “Development Agreement”). The Development Agreement contains the
terms and conditions of PUD-9-2020, and are hereby made a part hereof.
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 November, 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 the17th day of November, 2020.
ATTEST: __________________________________ ___________________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Current News on November 5, 2020.
EXHIBIT A
PUD Legal Description Legal Description Lot 1, Block 1 Smith Village, Hennepin County, Minnesota
TRAIL POINTE RIDGE PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 17-2020-PUD-9-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located at 16397 Glory Lane within the RM-2.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on November 26, 2020. (A full copy of the text of this Ordinance is available from City Clerk.)
STAFF REPORT
TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner
DATE: October 21, 2020
SUBJECT: Trail Pointe Ridge PUD Amendment
LOCATION: 16397 Glory Lane
APPLICANT/ CB Eden Prairie Housing Partnership
OWNER 120-DAY REVIEW
PERIOD EXPIRES: February 1, 2020
REQUEST: Planned Unit Development Amendment on 2.03 acres
BACKGROUND
The applicant is requesting approval of an amendment to the Trail Pointe Ridge Planned Unit
Development regarding parking. The property is located at 16397 Glory Lane. The building contains
58 workforce housing units and was approved as part of the Smith Village project. Construction of
the project is nearly complete. The Trail Pointe Ridge portion of the project is required to have 116 total parking stalls. The
approved plan includes 49 underground parking stalls and 67 surface parking stalls. City Code
requires 58 covered parking stalls; however, a waiver was granted to allow 49 covered parking stalls
in the underground parking garage.
The contractor recently discovered that an air exchanger unit for the HVAC needed to be located in or near the building. After exploring a number of options, the applicant determined that the most cost
effective option was to locate it in the underground parking garage, but this location results in the loss
of one of the covered parking stalls. In order to continue to provide the overall number of required
parking stalls, the applicant is proposing to provide one additional surface parking stall to replace the
underground parking stall. The new surface parking stall has already been constructed pre-approval of this application because the curbing and parking lot paving work for the project was in progress. It was more cost effective to add the surface parking stall while the other parking lot work was being
completed rather than adding it later.
Because the 49 covered parking stalls were specifically permitted as part of a waiver request through
the Planned Unit Development approval as defined in the Trail Pointe Ridge Development
Staff Report – Trail Pointe Ridge Planned Unit Development Amendment
Page 2
2
Proposed
Surface Parking Stall
Agreement, a Planned Unit Development Amendment is required so the waiver can be revised from
49 to 48 covered parking stalls.
SITE PLAN The surface parking lot for Trail Pointe Ridge is located between Eden Prairie Road and the building.
A row of parking stalls wraps around the outside
edge of the curve to the parking garage entrance.
The new surface parking stall is proposed at the end if
the row of parking on the outside edge of this curve. This parking stall fits nicely into the site plan and requires minimal site changes to add it. The addition
of the surface parking stall results in zero tree loss,
and requires minimal changes to grading and requires
moving a light pole 9 feet to the east. Adding this
parking stall allows the site to maintain compliance
with the required total of 116 parking stalls.
PLANNED UNIT DEVELOPMENT WAIVERS
The approved Planned Unit Development includes a
number of waivers. The only waiver impacted by
this request is the waiver addressing covered
parking stalls. All the other waivers in the prior approval will remain in full force and effect.
The revised waiver should read as follows:
Covered Parking Stalls: City Code requires that one of the two required parking stalls per
unit are covered. The Waiver allows Trail
Pointe Ridge to have 48 underground parking
stalls.
STAFF RECOMMENDATION
Recommend approval of the following request:
• Planned Unit Development Amendment on 2.03 acres
This is based on plans stamp dated October 15, 2020 and staff report dated October 21, 2020.
Streams
Principal Arterial
A Minor Arterial
B Minor Arterial
Major Collector
Minor Collector
City of Eden Prairie Land Use GuidePlan Map 2040
¯
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008
DATE Revised 02-23-06
DATE Approved 03-19-03DATE Revised 01-07-05DATE Revised 11-07-05
DATE Revised 03-23-06DATE Revised 06-23-06
DATE Revised 12-06-06DATE Revised 03-01-07DATE Revised 06-01-07DATE Revised 10-01-07DATE Revised 03-01-08DATE Revised 03-01-09
Current Guide Plan Map: Trail Pointe Ridge PUD AmendmentAddress: 16397 Glory LaneEden Prairie, MN 55344
Parcels
Rural
Low Density Residential
Medium Density Residential
Medium High Density Residential
High Density Residential
Mixed-Use
Town Center
Transit-Oriented Development
Regional Commercial
Commercial
Office
Industrial Flex Tech
Flex Service
Eco Innovation
Industrial
Airport
Public / Semi-Public
Parks & Open Space
Golf Course
Utility & Railroad
RIght-of-Way 240 0 240120 Feet
Medium High Density Residential 10-40 Units/Acre
40-75 Units Per Acre
Glory Lane
Eden Prairie RoadMinnesotaRiverBluffsLRTRegionalTrailProject SiteTimberLakeDrive
Highway212
City of Eden Prairie Zoning Map
In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail.
Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.10.05
Miles
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008
Zoning Map: Trail Pointe Ridge PUD AmendmentAddress: 16397 Glory LaneEden Prairie, MN 55344
epgdb.GIS.Parcels
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Airport Office
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Airport Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
TOD-R Transit Oriented Development - Residential Transit Oriented Development - Residential
Project Site
Park and Open Space Eden Prairie RoadGlory Lane
MinnesotaRiverBluffsLRTRegionalTrailTim b e r L a k e Drive
¯
¯
Aerial Map: Trail Point Ridge PUD AmendmentAddress: 16397 Glory LaneEden Prairie, Minnesota
0 190 38095 FeetEDEN PRAIRIE ROADGLORY LANE
TIMBER LAKE DRIVE
CURTISLANEMinnesotaRiverBluffsLRTRegionalTrailMiller Park
Applewood Pointe
Trail Pointe Ridge
SheldonPlace
Highway212PROJECT SITE
CITY COUNCIL AGENDA SECTION: Payment of Claims
DATE: November 17, 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 277720 - 278210
Wire Transfers 1026380 - 1026586 Wire Transfers 7894 – 7944
Purchasing Card 7915
City of Eden Prairie
Council Check Summary
11/17/2020
Division Amount Division Amount
000 General 56,622 308 E-911 418
100 City Manager 91,620 314 Special Investigations 2,500
101 Legislative 10,350 315 Economic Development 281,985
102 Legal Counsel 38,673 509 CIP Fund 2,548110City Clerk 1,994 512 CIP Trails 157,279
111 Customer Service 7,307 513 CIP Pavement Management 4,478
112 Human Resources 2,516 522 Improvement Projects 2006 592
113 Communications 10,095 528 Shady Oak Rd-CR 61 North 19,603
114 Benefits & Training 1,779 532 EP Road Connect Flying Cloud 133,955130Assessing770536General LRT 67,009
131 Finance 668 538 SingleTree Lane South 10,363
132 Housing and Community Services 27,061 539 2020 Improvement Projects 13,968
133 Planning 406 804 100 Year History 93
136 Public Safety Communications 8,163 Total Capital Projects Fund 694,788137Economic Development -51,495
138 Community Development Admin.1,559 601 Prairie Village Liquor 195,485
151 Park Maintenance 84,830 602 Den Road Liquor 336,829
153 Organized Athletics 352 603 Prairie View Liquor 232,048
154 Community Center 100,880 605 Den Road Building 3,195155Beaches510701Water Enterprise Fund 354,913
156 Youth Programs 3,746 702 Wastewater Enterprise Fund 396,945
157 Special Events 2,341 703 Stormwater Enterprise Fund 36,991
158 Senior Center 371 Total Enterprise Fund 1,556,407
159 Recreation Administration 127160Therapeutic Recreation 600 802 494 Commuter Services 48,694
162 Arts 652 803 Escrow Fund 9
163 Outdoor Center 1,189 806 SAC Agency Fund 54,670
168 Arts Center 1,297 807 Benefits Fund 1,377,663
180 Police Sworn 58,387 809 Investment Fund 3,731184Fire94,302 810 Workers Comp Insurance 29,320
186 Inspections 10,751 811 Property Insurance 500
200 Engineering 7,681 812 Fleet Internal Service 82,720
201 Street Maintenance 48,961 813 IT Internal Service 142,265
202 Street Lighting 3,523 814 Facilities Capital ISF 244,398Total General Fund 628,586 815 Facilites Operating ISF 81,212
816 Facilites City Center ISF 98,337
301 CDBG 24,708 817 Facilites Comm. Center ISF 48,297
303 Cemetary Operation 2,333 Total Internal Svc/Agency Fund 2,211,816
Total Special Revenue Fund 27,041 Report Total 5,133,639
437 G.O. Perm. Improv. 2010A 1,062
440 GO Perm Impr Ref Bonds 2011D 1,794
441 2012A G.O. Refunding Bonds 8,7614422012B G.O. Refund Capital Imp 3,383
Total Debt Service Fund 15,000
City of Eden Prairie
Council Check Register by GL
11/17/2020
Check #Amount Supplier / Explanation Account Description Business Unit Comments
277907 350,217 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc fee Nov 2020
7938 301,864 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits November Premiums
7918 268,448 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 10.23.20
7921 260,351 ULTIMATE SOFTWARE GROUP, THE SS & Medicare Health and Benefits Payroll taxes PR ending 10.09.20278147240,798 JOHNSON CONTROLS Other Contracted Services Facilities Capital EP City Hall cooling tower
7901 195,269 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 09.25.20
7916 192,107 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 10.09.20
277821 174,640 STERNBERG LIGHTING Other Contracted Services TIF-Town Center-Windsor Plaza Light - EP Rd & Town Ctr
278099 146,831 BKJ LAND COMPANY Other Contracted Services CIP Trails W 168th Ave Sidewalk Project7906118,130 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Sept 2020
278206 116,643 VEIT & CO Improvement Contracts EP Rd Connect to Flying Cloud Eden Prairie Road Project
1026481 76,538 XCEL ENERGY Electric Building 51
278067 72,825 ULTIMATE SOFTWARE GROUP, THE Software Maintenance IT Operating
278037 67,009 METRO TRANSIT Other Contracted Services General LRT791562,273 USB-PURCHASING CARD Software/Hardware Maint.Arts Center
7928 60,766 USBANCORP Interest Fire
278118 59,850 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Community Center Admin
278025 58,000 KTJ 315, LLC Deposits General Fund
277797 54,123 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund102647653,858 SRF CONSULTING GROUP INC Design & Engineering Shady Oak Rd-CR 61 North
1026463 51,257 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution
277979 50,122 BLACKSTONE CONTRACTORS LLC Improvement Contracts General Fixed Asset Account Gr
278022 49,932 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
277900 41,451 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store102647040,225 LOGIS Network Support General Fixed Asset Account Gr
278146 35,864 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
277928 34,113 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
1026554 31,519 ADVANCED ENGINEERING & ENVIRONMENTAL SE Software Wastewater Capital
277792 29,320 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance27800127,799 EDEN PRAIRIE FOUNDATION Miscellaneous Community Center Admin
7905 27,268 EMPOWER Deferred Compensation Health and Benefits
7920 27,074 EMPOWER Deferred Compensation Health and Benefits
277784 23,422 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
277936 21,969 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit27808721,606 ABM ONSITE SERVICES-MIDWEST Tenant 1-Janitor Service City Center - CAM
1026434 20,317 XCEL ENERGY Electric Maintenance Facility
277845 20,000 AMERICAN BUILDING CONTRACTORS Accounts Receivable TIF-Eden Shores Senior Housing
7919 19,964 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
7904 19,930 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
1026529 19,676 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
277769 19,604 GRAYMONT Treatment Chemicals Water Treatment
1026413 19,282 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs
1026506 18,971 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
277826 18,574 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
1026505 18,309 CENTERPOINT ENERGY Gas Arts Center
1026459 18,091 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
278035 17,284 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
7934 17,099 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
277961 16,769 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
277836 16,515 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
277921 15,971 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
7924 15,627 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
277923 15,419 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
278149 15,000 KUTAK ROCK LLP Bond Issue Costs 2012B GO Refund Capital Improv
277934 14,894 SIR LINES-A-LOT Contracted Striping Traffic Signs
278129 14,813 GRAYMONT Treatment Chemicals Water Treatment27788314,676 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
1026566 14,323 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital
278069 14,096 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
7937 14,001 FURTHER - AKA SELECT HSA - Employee Health and Benefits
277733 13,681 ALLIED BLACKTOP CO Seal Coating Street Maintenance791313,560 FURTHER - AKA SELECT HSA - Employer Health and Benefits
1026430 13,438 STREICHERS Clothing & Uniforms Police Sworn
1026578 12,599 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
277745 12,553 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
277860 12,401 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store102658512,329 XCEL ENERGY Electric City Center - CAM
278063 11,608 STERLING FENCE INC Repair & Maint. Supplies Water Supply (Wells)
277962 11,278 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
278045 10,546 NOKOMIS SHOE SHOP Clothing & Uniforms Utility Operations - General
277871 10,448 CREATE CONSTRUCTION LLC Other Contracted Services CIP Trails791010,382 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
7914 10,382 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
1026575 10,363 ODESA II LLC Improvement Contracts SingleTree Lane South
277835 10,197 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
7931 10,193 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting27819710,100 TIMBERWALL LANDSCAPE & MASONRY PRODUCTS Building Materials Capital Outlay Parks
277783 10,056 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
7930 10,025 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
278102 10,013 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
277881 9,901 GRAYMONT Treatment Chemicals Water Treatment2781869,883 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council
278008 9,874 GRAYMONT Treatment Chemicals Water Treatment
277964 9,750 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
277960 9,716 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
277796 9,711 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating2779639,642 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
278201 9,482 UNGERMAN INC Capital Under $25,000 Senior Center
277980 9,462 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
277897 9,425 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
1026503 9,279 BIFFS INC Waste Disposal Park Maintenance
277810 9,250 PROP Other Contracted Services Housing and Community Service
277827 9,220 VERIZON WIRELESS Cell/Pager Plans IT Operating
277838 9,155 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
277834 9,135 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
278080 8,984 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
278021 8,705 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
1026573 8,537 MITY-LITE INC Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
278110 8,366 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection
277768 8,250 GOODPOINT TECHNOLOGY INC Other Contracted Services Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
278187 8,128 SSI KEF SLB LLC Electric Water Treatment
277723 8,115 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
277965 8,033 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1026513 7,874 HAWKINS INC Treatment Chemicals Water Treatment
278145 7,811 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
1026557 7,810 BIFFS INC Waste Disposal Park Maintenance
277919 7,716 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
7909 7,699 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission2781757,697 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1026576 7,502 POMP'S TIRE SERVICE INC Tires Fleet Operating
278075 7,500 ZENCITY TECHNOLOGIES US Other Contracted Services Communications
278082 7,447 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
278072 7,353 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store2778017,053 NORTHSTAR MUDJACKING & MORE LLC Other Contracted Services Park Maintenance
277930 7,020 SAMBATEK INC Maintenance Contracts Water Treatment
277969 6,950 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Police (City Cost)
277995 6,684 CORE & MAIN Repair & Maint. Supplies Park Maintenance
277974 6,638 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store10265086,627 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
1026442 6,466 GUNNAR ELECTRIC CO INC Building Repair & Maint.Staring Lake
278081 6,453 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
278177 6,450 PROP Other Contracted Services CDBG - Public Service
277958 6,397 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store2779966,393 DG CENTRAL 1 LLC Electric Facilities Operating ISF
278052 6,254 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
277725 6,074 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
277726 6,033 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
278143 6,000 IRON MALTESE ATHLETICS Health & Fitness Fire2781486,000 KALI CONCRETE LLC Other Contracted Services Rehab
278188 5,859 ST. PAUL PORT AUTHORITY Deposits General Fund
1026571 5,803 METRO SALES INCORPORATED*Equipment Rentals Customer Service
277809 5,463 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
277950 5,313 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store2780795,285 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1026580 5,254 STREICHERS Clothing & Uniforms Police Sworn
277894 5,252 INDIGITAL INC Other Contracted Services Engineering
277785 5,245 KIESLER POLICE SUPPLY INC.Capital Under $25,000 Police Sworn
277813 5,186 SAFETY VEHICLE SOLUTIONS Autos Fleet Capital2781285,135 GOODPOINT TECHNOLOGY INC Other Contracted Services IT Operating
1026455 5,115 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
277959 5,087 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
7943 5,051 CARD CONNECT Bank and Service Charges Community Center Admin
277735 5,000 ANCOM COMMUNICATIONS INC Equipment Repair & Maint Public Safety Communications
7939 4,945 FURTHER - AKA SELECT HRA Health and Benefits
277949 4,928 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital
277884 4,886 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
277775 4,875 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
277885 4,852 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
278210 4,762 YMCA OF THE NORTH Other Contracted Services Housing and Community Service
277722 4,708 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1026551 4,695 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects
1026408 4,579 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
277868 4,569 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection
277837 4,567 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
278077 4,445 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
277812 4,444 RENGEL PAUL Developer Fees General Fund
7911 4,428 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1026432 4,426 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
277848 4,392 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
278180 4,392 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing & Uniforms Park Maintenance2778184,350 STARKRETE, LLC Other Contracted Services Rehab
1026419 4,243 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment
277728 4,232 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1026552 4,151 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
277805 4,150 PATCHIN MESSNER DODD & BRUMM Right of Way & Easement EP Rd Connect to Flying Cloud2781124,143 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
1026456 4,041 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1026531 4,032 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
278114 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
277806 3,980 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store2778313,925 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility
1026388 3,825 CUTTING EDGE PROPERTY MAINTENANCE INC Contract Svcs - Lawn Maint.Fire Station #3
277968 3,800 ACROSS THE STREET PRODUCTIONS Training Fire
1026480 3,760 WM MUELLER AND SONS INC Gravel Stormwater Collection
278073 3,758 WINEBOW Liquor Product Received Prairie View Liquor Store2780003,750 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service
7926 3,731 PFM ASSET MANAGEMENT LLC Interest Investment Fund
277982 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General
278014 3,645 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
278085 3,620 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store2777823,600 IRON MALTESE ATHLETICS Health & Fitness Fire
278157 3,600 MEMORY INNOVATION LLC Supplies - Fire/Life/Safety Facilities Capital
277720 3,597 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
277891 3,571 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
278205 3,535 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution2781583,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
278207 3,491 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
7935 3,474 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
277972 3,471 AMES CONSTRUCTION INC Reimbursement Water Enterprise Fund
1026453 3,469 VINOCOPIA Liquor Product Received Den Road Liquor Store2780783,429 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
278163 3,403 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
278194 3,398 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery
278084 3,379 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
277948 3,250 VERTIV SERVICES INC Hardware - R&M IT Operating
1026460 3,243 GENUINE PARTS COMPANY Reimbursement Fleet Operating
278090 3,209 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg Police (City Cost)
278024 3,187 KEVIN CASEY, LLC Improvement Contracts General Fixed Asset Account Gr
1026425 3,150 ODESA II LLC Other Contracted Services Capital Maint. & Reinvestment
277777 3,140 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
278049 3,048 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
277953 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
1026584 2,987 WM MUELLER AND SONS INC Gravel Water Distribution
277803 2,900 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
278183 2,900 SEBCO INC Contract Svcs - Lawn Maint.City Center - CAM
1026441 2,757 GREENSIDE INC Contract Svcs - Lawn Maint.Fire Station #1
278092 2,748 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
278029 2,695 LANO EQUIPMENT INC Other Rentals Wasterwater Collection
278091 2,694 ARAMARK UNIFORM AND CAREER APPAREL GROUP Clothing & Uniforms Fire
278126 2,677 GENERAL REPAIR SERVICE Repair & Maint. Supplies Water Treatment
277957 2,674 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
7936 2,654 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits2778892,615 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
277832 2,599 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1026424 2,585 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment
278103 2,571 CENTURYLINK Telephone City Center - CAM
278138 2,546 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting2780832,516 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
277869 2,474 CORE & MAIN Repair & Maint. Supplies Park Maintenance
1026435 2,458 AMERIPRIDE LINEN & APPAREL SERVICES Operating Supplies-Linens Prairie Village Liquor Store
1026579 2,452 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Communications
277754 2,433 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission10264522,429 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility
1026433 2,429 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance
277747 2,395 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
277829 2,361 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
277877 2,308 FIRE SAFETY USA INC Small Tools Fleet Operating10265012,300 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
1026563 2,290 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
277731 2,266 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance
1026502 2,259 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1026550 2,257 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital10264232,203 METRO SALES INCORPORATED*Equipment Rentals IT Operating
277724 2,191 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
278160 2,185 MINNESOTA LEAFLESS GUTTERS Contract Svcs - General Bldg Arts Center
277727 2,112 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
1026445 2,084 PARKER, WARD Travel Expense Fire2781812,077 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events
277804 2,076 PARAGON DEVELOPMENT SYSTEMS Hardware - R&M IT Operating
1026512 2,069 GRAINGER Repair & Maint. Supplies Arts Center
278050 2,059 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store
1026556 2,054 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store10264052,036 VAN PAPER COMPANY Operating Supplies Fire Station #4
1026577 2,034 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Pool Maintenance
278135 2,024 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
277857 2,000 BRIAN CASEY Tuition Reimbursement/School Police Sworn
277954 2,000 PETTY CASH-POLICE DEPT Miscellaneous Special Investigations
278192 2,000 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection
278185 1,989 SIR LINES-A-LOT Contracted Striping Traffic Signs
278142 1,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
1026494 1,943 HACH COMPANY Laboratory Chemicals Water Treatment
277880 1,910 GOPHER STATE ONE-CALL Other Contracted Services Water Distribution
277951 1,778 WINEBOW Liquor Product Received Prairie Village Liquor Store
1026532 1,777 WM MUELLER AND SONS INC Gravel Park Maintenance
277859 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating
277789 1,708 LAWBURNER Other Contracted Services Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments
277721 1,674 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
1026516 1,670 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
1026559 1,663 CENTERPOINT ENERGY Gas Senior Center
277998 1,632 DODGE OF BURNSVILLE Equipment Repair & Maint Fleet Operating
1026549 1,615 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1026586 1,610 ZIEGLER INC Equipment Repair & Maint Fleet Operating
277839 1,593 MINNESOTA DEPARTMENT OF COMMERCE AR Utility General Fund
1026537 1,570 CONCRETE CUTTING AND CORING Safety Supplies Park Maintenance10264621,563 GRAINGER Cleaning Supplies Arts Center
277976 1,545 AT YOUTH PROGRAMS LLC Instructor Service Tennis
277920 1,533 PERA Wages and Benefits 494 Corridor Commission
278051 1,533 PERA Wages and Benefits 494 Corridor Commission
278209 1,524 WM CORPORATE SERVICES INC Waste Disposal Fire Station #32778281,500 WICK CHRISTIE Rebates Stormwater Non-Capital
1026467 1,500 IDEAL SERVICE INC Equipment Repair & Maint Water Treatment
277737 1,499 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
278165 1,496 MOTOROLA SOLUTIONS INC Other Assets Public Safety Communications
277814 1,485 SARAZINE DELINA Rebates Stormwater Non-Capital2780881,482 AIRGAS USA LLC Supplies - Pool Pool Maintenance
277991 1,450 COLORADO TIME SYSTEMS Equipment Repair & Maint Pool Operations
278020 1,432 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
277858 1,403 BRYAN ROCK PRODUCTS INC Gravel Stormwater Collection
278130 1,402 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions79231,379 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
277846 1,376 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Stormwater Collection
277956 1,364 YORKTOWN OFFICES Rent 494 Corridor Commission
7895 1,350 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1026443 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM2781711,328 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Historical Buildings
277757 1,325 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
277924 1,325 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
277807 1,301 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
277890 1,299 HP INC Computers - Monitors Facilities Staff2781741,297 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
278178 1,290 PROP Other Contracted Services CDBG - Public Service
278117 1,289 EDEN PRAIRIE APPLIANCE Other Contracted Services Rehab
278124 1,273 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
1026417 1,267 GRAINGER Repair & Maint. Supplies General Community Center2778551,260 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
1026510 1,259 ESS BROTHERS & SONS INC Repair & Maint. Supplies Stormwater Collection
1026410 1,259 BOYER TRUCKS Equipment Parts Fleet Operating
277942 1,238 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery
278162 1,181 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
277944 1,180 THE PRESERVE ASSOCIATION Rebates Stormwater Non-Capital
277815 1,172 SIGNSOURCE Other Contracted Services Police Sworn
277854 1,151 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
7912 1,148 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
1026523 1,147 PARROTT CONTRACTING INC Improvement Contracts CIP Pavement Management
1026474 1,147 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Ice Arena Maintenance
1026567 1,134 HD SUPPLY FACILITIES MAINTENANCE Capital Under $25,000 Facilities Staff
1026406 1,134 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1026426 1,128 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Maintenance Facility
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1026454 1,118 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund
1026574 1,107 MTI DISTRIBUTING INC Operating Supplies Fleet Operating
277878 1,098 GEAR WASH LLC Clothing-TurnOut Gear Fire
277742 1,098 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
278155 1,083 MARCO INC Hardware - R&M IT Operating
278154 1,060 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
278066 1,060 TITAN MACHINERY Other Rentals Park Maintenance
277774 1,058 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services10264771,054 STREICHERS Clothing & Uniforms Volunteers
277741 1,032 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
278173 1,014 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
278164 1,013 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
7922 1,011 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits1026466999HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
278032 990 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating
1026565 963 GRAINGER Repair & Maint. Supplies Arts Center
277922 960 PITNEY BOWES Postage Customer Service
1026465 960 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital278125946FIRE SAFETY USA INC Equipment Parts Fleet Operating
277764 933 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
278041 927 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
278134 925 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services CDBG - Public Service
277753 925 CORE & MAIN Repair & Maint. Supplies Stormwater Collection1026548913R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance
277773 913 HAASKEN NATHAN Deposits Stormwater Non-Capital
1026572 909 MINNESOTA EQUIPMENT Landscape Materials/Supp Street Maintenance
278168 895 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
1026539 894 FASTENAL COMPANY Equipment Parts Fleet Operating277794894LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating
1026422 892 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM
278208 880 WINEBOW Liquor Product Received Prairie View Liquor Store
278104 850 CENTURYLINK Telephone IT Operating
278107 840 CLEAN AND CLEAR Window Washing Ice Arena Maintenance278150837LANO EQUIPMENT INC Equipment Parts Stormwater Collection
1026504 830 CDW GOVERNMENT INC.Computers IT Operating
1026428 825 SHERWIN WILLIAMS Cleaning Supplies Facilities Operating ISF
277751 813 COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs - Ice Rink Ice Arena Maintenance
277842 810 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Miller Park277876800EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
1026568 800 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
1026427 798 REINDERS INC Chemicals Park Maintenance
277990 793 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
277732 784 AIRGAS USA LLC Supplies - Pool Pool Maintenance
277795 783 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
278036 778 MEGA BEER Liquor Product Received Prairie View Liquor Store
278013 766 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
278033 763 MAILMANAGER LTD Software Maintenance IT Operating
277772 751 GYM WORKS Equipment Repair & Maint Fire
1026479 740 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
278005 735 FIRE SAFETY USA INC Small Tools Fire
278046 734 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating
277822 720 THE ADVENT GROUP Temp 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit Comments
277943 720 THE ADVENT GROUP Temp 494 Corridor Commission
278065 720 THE ADVENT GROUP Temp 494 Corridor Commission
278139 719 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
277899 716 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
1026569 716 MENARDS Repair & Maint. Supplies Senior Center
278189 712 STAPLES ADVANTAGE Office Supplies City Clerk
277739 712 BAUER BUILT TIRE AND SERVICE Tires Fleet Operating
1026555 709 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating278196700THE ADVENT GROUP Temp 494 Corridor Commission
278027 695 LANDMARK REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing
277978 695 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1026583 688 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
277734 673 ALTERNATIVE BUSINESS FURNITURE INC Office Supplies Utility Operations - General278198663T-MOBILE USA Other Contracted Services Police Sworn
277760 661 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
277893 655 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
278040 646 MN AWARDS & PROMOTIONS Operating Supplies Sustainable Eden Prairie
7907 643 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating1026528639SPS COMPANIES Supplies - Plumbing General Community Center
7933 635 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
277847 630 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie Village Liquor Store
278061 629 STAPLES ADVANTAGE Office Supplies Customer Service
278097 625 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance277864622CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
277937 621 STAPLES ADVANTAGE Office Supplies Customer Service
278127 616 GITCH GEAR LLC Liquor Product Received Prairie View Liquor Store
7917 605 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
7902 603 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits278106602CINTAS CORPORATION Safety Supplies Community Center Admin
277825 600 UPSTREAM ARTS INC Other Contracted Services New Adaptive
278053 600 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs
278113 600 COVERTTRACK GROUP Other Contracted Services Police Sworn
277895 599 J H LARSON COMPANY Supplies - Electrical City Center - CAM278100597BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1026472 595 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1026395 586 HACH COMPANY Laboratory Chemicals Water Treatment
277800 580 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
277932 578 SHEPARD DAVID Travel Expense Fire277740570BERGMAN LEDGE LLC Liquor Product Received Prairie View Liquor Store
277746 567 CENTURYLINK Telephone Water Distribution
277939 555 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
277917 555 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
277790 552 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
277778 551 HP HOLDINGS Reimburse-legal notices General Fund
277925 550 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
1026518 549 METRO ELEVATOR INC Building Repair & Maint.Utility Operations - General
1026393 545 FLEETPRIDE INC Equipment Parts Fleet Operating
1026450 543 THE OASIS GROUP Employee Assistance Organizational Services
277802 541 OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store
277946 540 TMS JOHNSON Supplies - HVAC General Community Center
278199 540 TMS JOHNSON Supplies - HVAC Fitness/Conference - Cmty Ctr
278108 525 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
278044 525 NINE MILE CREEK WATERSHED DISTRICT Rebates Stormwater Non-Capital
277911 521 MN DEPT OF TRANSPORTATION Equipment Repair & Maint EP Rd Connect to Flying Cloud
278094 518 ASSURED SECURITY Building Repair & Maint.Water Treatment
278190 510 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1026407 508 WSB & ASSOCIATES INC Other Contracted Services Stormwater Non-Capital
277808 500 PETTY CASH-POLICE DEPT Miscellaneous Special Investigations
277902 500 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
277914 500 NATIVE RESOURCE PRESERVATION Maintenance Contracts Stormwater Non-Capital278007500GILES OUTDOOR SERVICES LLC Other Contracted Services Park Maintenance
277844 497 AIRGAS USA LLC Supplies - Pool Pool Maintenance
278016 484 HP INC Operating Supplies Facilities Staff
277935 480 SMSC ENTERPRISES Landscape Materials/Supp Park Maintenance
1026545 480 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital1026538472CUSTOM HOSE TECH Equipment Parts Fleet Operating
1026492 465 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM
278136 464 HOME DEPOT CREDIT SERVICES Equipment Repair & Maint Fire Station #3
1026509 462 EPA AUDIO VISUAL INC Hardware Maintenance IT Capital
278169 462 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Facilities Staff278123452EICHENS CURTIS Other Contracted Services Police Sworn
278111 450 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
278195 446 TELCOM CONSTRUCTION Street Permits General Fund
7897 443 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
277926 442 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store1026473440NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1026525 440 REINDERS INC Landscape Materials/Supp Park Maintenance
278019 438 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
278009 432 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
277799 431 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals1026475429PREMIUM WATERS INC Operating Supplies - Water Fire
7944 429 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
1026542 425 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM
1026383 422 BRAUN INTERTEC CORPORATION Testing Improvement Projects 2006
278153 417 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store277985415CENTURY COLLEGE Training Fire
278156 415 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating
277901 413 LANO EQUIPMENT INC Equipment Parts Fleet Operating
1026517 412 MENARDS Equipment Parts City Hall (City Cost)
1026461 408 GRAFIX SHOPPE Equipment Parts Fleet Operating277779407INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
277986 406 CENTURYLINK Telephone Wastewater Lift Station
1026464 404 H M CRAGG CO Contract Svcs - Fire/Life/Safe City Center - CAM
277823 401 TWIN CITIES & WESTERN RAILROAD COMPANY Licenses, Taxes, Fees Utility Operations - General
277874 401 DOMACE VINO Liquor Product Received Den Road Liquor Store
278096 400 AT & T Other Contracted Services Police Sworn
278167 399 NIHCA Dues & Subscriptions General Fund
277730 398 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
277770 397 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
277849 397 ASPEN MILLS Clothing & Uniforms Fire
277983 396 CBIZ BENEFITS & INSURANCE SERVICES INC Other Contracted Services Health and Benefits
277941 394 TALKPOINT TECHNOLOGIES INC Equipment Repair & Maint Public Safety Communications
277882 394 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
277861 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1026496 380 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
277870 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
1026457 368 BOYER TRUCKS Equipment Parts Fleet Operating
1026439 368 FASTENAL COMPANY Equipment Parts Fleet Operating
278076 359 FLOYD TOTAL SECURITY Development Fire Permits General Fund
1026533 357 XCEL ENERGY Electric Forest Hills Park
1026543 357 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
1026468 356 JEFFERSON FIRE & SAFETY INC Travel Expense Fire1026420351LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
277906 350 MARTIN-MCALLISTER Other Contracted Services Police Sworn
1026490 348 FASTENAL COMPANY Safety Supplies Fleet Operating
277918 348 PAPCO INC Cleaning Supplies General Community Center
277952 342 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store277817338STAPLES ADVANTAGE Office Supplies Utility Operations - General
1026421 336 MENARDS Repair & Maint. Supplies Yard Waste Site
1026471 336 MENARDS Equipment Parts Park Maintenance
1026521 336 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
278133 333 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store1026485330CLAREY'S SAFETY EQUIPMENT Safety Supplies Park Maintenance
277762 330 ESTRINE, ROBERT Other Contracted Services Community Band
277862 330 CENTURYLINK Internet Staring Lake
278062 327 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1026558 326 BOYER TRUCKS Equipment Parts Fleet Operating1026582323ULINEOperating Supplies Police Sworn
277873 320 DELTA DENTAL Wages and Benefits 494 Corridor Commission
278176 320 PRAIRIE LAWN AND GARDEN Small Tools Park Maintenance
278004 319 FASTSIGNS Operating Supplies Fire
1026562 317 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits278193315SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
277971 313 AMERICAN PRESSURE INC Contract Svcs - General Bldg Maintenance Facility
1026522 306 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
1026526 306 SHERWIN WILLIAMS Supplies - General Bldg Facilities Operating ISF
277830 306 WINEBOW Liquor Product Received Den Road Liquor Store277780305INSTITUTE OF TRANSPORTATION ENGINEERS Dues & Subscriptions Engineering
1026403 302 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
277811 300 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
277850 300 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance
278031 299 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance1026394295GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM
278179 294 PROP - PR Charitable Contributions Health and Benefits
278152 292 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating
277903 285 LIGHTING PLASTICS OF MN Supplies - General Bldg Facilities Operating ISF
277767 284 GEAR WASH LLC Clothing-TurnOut Gear Fire
278093 283 ASPEN MILLS Clothing & Uniforms Fire
277763 280 FASTSIGNS Operating Supplies Elections
278170 280 OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1026386 279 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance
278151 276 LENNOX INDUSTRIES INC.Supplies - HVAC Park Shelters
1026399 276 MPX GROUP, THE Printing Fire
1026553 275 ZEP SALES AND SERVICE Operating Supplies Fleet Operating
1026524 273 PRAIRIE ELECTRIC COMPANY Building Repair & Maint.Utility Operations - General
1026511 272 FORCE AMERICA Equipment Parts Snow & Ice Control
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1026389 265 EICHMAN NATHAN Motor Fuels Fleet Operating
277987 264 CHARGEPOINT Capital Under $25,000 Fleet Operating
1026487 262 CUSTOM HOSE TECH Equipment Parts Fleet Operating
7927 260 US BANK - PAYMODE Bank and Service Charges Finance
277759 256 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
278038 254 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
7908 254 VANCO SERVICES Bank and Service Charges Wastewater Accounting
1026458 252 ECM PUBLISHERS INC Legal Notices Publishing City Clerk277973250ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store
278054 250 RICHFIELD CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission
1026380 249 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store
278064 247 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
277758 239 DIRECTV Cable TV Community Center Admin277833239BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
277989 238 CINTAS Other Contracted Services Park Maintenance
1026547 238 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1026401 237 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
277947 233 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn1026570229METRO ELEVATOR INC Contract Svcs - Elevator General Community Center
278131 228 H2I GROUP Software Maintenance IT Operating
277955 225 EDEN PRAIRIE CHAMBER OF COMMERCE Marketing 494 Corridor Commission
1026561 224 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
1026500 218 VINOCOPIA Liquor Product Received Den Road Liquor Store277931216SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
278039 215 MINNESOTA WATER WELL ASSOCIATION Dues & Subscriptions Utility Operations - General
277819 210 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1026581 210 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection
277761 204 EARL F ANDERSEN INC Operating Supplies Elections278068203UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
1026391 202 FASTENAL COMPANY Equipment Parts Fleet Operating
278010 200 GYM WORKS Equipment Repair & Maint Fitness Center
1026385 200 CLAREY'S SAFETY EQUIPMENT Equipment Testing/Cert.Fire
1026520 196 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store278141195INDUSTRIAL AND RESIDENTIAL LIGHTING INC Lab Supplies Water Treatment
1026446 194 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
278116 191 DSOUZA NELSON Building Permits General Fund
278204 191 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1026499 190 VAN PAPER COMPANY Cleaning Supplies General Community Center277841189A TO Z RENTAL CENTER Other Rentals Fire
1026546 188 PROSOURCE SUPPLY Supplies - General Bldg Fitness/Conference - Cmty Ctr
277788 184 LANO EQUIPMENT INC Equipment Repair & Maint Park Maintenance
278048 184 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Maintenance Facility
1026412 183 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering
277744 179 BRO-TEX INC Operating Supplies Fleet Operating
1026498 177 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1026469 176 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
277776 172 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance
277966 170 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
1026387 169 CUSTOM HOSE TECH Equipment Parts Fleet Operating
278182 169 ROCK HARD LANDSCAPE Gravel Stormwater Collection
1026495 166 METROPOLITAN FORD Equipment Parts Fleet Operating
1026429 165 STERICYCLE INC Other Contracted Services Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments
278023 165 JUST PLAIN WRONG BREWING CO LLC Liquor Product Received Den Road Liquor Store
1026437 165 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating
277752 165 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance
1026488 164 EICHMAN NATHAN Canine Supplies Police Sworn
1026544 162 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating
7896 159 OPTUM HEALTH Other Contracted Services Health and Benefits
277912 158 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications
1026418 156 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance277875155EARL F ANDERSEN INC Legal Notices Publishing Elections
1026497 151 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
278137 150 IAFCI Dues & Subscriptions Police Sworn
1026478 150 USA SECURITY Maintenance Contracts Water Treatment
1026493 145 GREGOIRE, DAVID Clothing & Uniforms Volunteers1026564143GINA MARIAS INC Operating Supplies Volunteers
1026514 143 HD SUPPLY FACILITIES MAINTENANCE Supplies - General Bldg Facilities Staff
277738 141 BACAL, AGNIESZKA Operating Supplies Outdoor Center
277977 140 BARUCH RACHEL P&R Refunds Community Center Admin
277736 139 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services1026541139GREATAMERICA FINANCIAL SVCS Postage Customer Service
277743 138 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
277771 136 GS DIRECT Operating Supplies Engineering
278115 135 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
7941 133 OPTUM HEALTH Other Contracted Services Health and Benefits277786133KIM YUN JUNG Other Contracted Services Police Sworn
278172 132 PAPCO INC Cleaning Supplies General Community Center
278109 131 COMCAST Phone/Data/Web 494 Corridor Commission
278203 130 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance
1026440 128 FLEETPRIDE INC Equipment Parts Fleet Operating277916128NORTHWESTERN POWER EQUIPMENT CO INC Repair & Maint. Supplies Water Treatment
278071 127 WHEELER LUMBER LLC Building Materials Street Maintenance
278060 126 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store
278098 125 BERGSTROM AMANDA Tuition Reimbursement/School Fitness Classes
1026384 125 CEDENO, LAURA Tuition Reimbursement/School Fitness Classes1026392125FITZGERALD, MAUREEN Tuition Reimbursement/School Fitness Classes
1026449 125 TEKIELA, STAN Operating Supplies Outdoor Center
278047 125 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
277851 124 BAUER BUILT TIRE AND SERVICE Tires Fleet Operating
278144 124 JAVA PROPERTIES LLC Deposits Stormwater Non-Capital277867123COMCASTCable TV Fire
277975 121 ASPEN MILLS Postage Police Sworn
278070 121 VERIZON WIRELESS Telephone E-911 Program
1026519 120 MITY-LITE INC Supplies - General Bldg City Center - CAM
1026448 117 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
278159 115 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
278034 114 MALLELA VENKATA P&R Refunds Community Center Admin
277999 111 DOUG TUCKER Mileage & Parking Athletic Programs Admin
277843 111 ABLE HOSE & RUBBER INC Equipment Parts Fleet Operating
278202 108 UNITED WAY Charitable Contributions Health and Benefits
277997 106 DIESEL COMPONENTS, INC.Equipment Repair & Maint Fleet Operating
277791 106 LAWSON PRODUCTS INC Equipment Parts Fleet Operating
277787 105 KRAUS ANDERSON REALTY AR Utility Water Enterprise Fund
277798 105 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1026507 104 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
278056 103 SCHROM JES Mileage & Parking Special Events Admin
277750 103 COMCAST Cable TV Fire
277824 100 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
278105 100 CHRIS CASTLE INC Website Development 494 Corridor Commission
1026382 99 BOLD, PAULINE Operating Supplies Outdoor Center
277756 98 CROWN MARKING INC Operating Supplies Elections
277856 98 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store27801898IH2 PROPERTY ILLINOIS Cash Over/Short General Fund
277729 97 TERRY JUDITH Mileage & Parking Stormwater Non-Capital
1026447 93 SCHULZE, CARTER Mileage & Parking Engineering
277945 90 THOMPSON, RICK Clothing & Uniforms Fire
277994 90 COMCAST Internet IT Operating27792989ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
277755 89 CRASSAS TRACIE Tuition Reimbursement/School Fitness Classes
278006 89 FOUNDATION BUSINESS SYSTEMS, LLC Other Contracted Services Stormwater Non-Capital
1026397 89 LOFRANO, TAMMY Tuition Reimbursement/School Fitness Classes
277879 89 GIPP RONALD AR Utility Water Enterprise Fund27801289HEITKAMP, VOLLIE Tuition Reimbursement/School Fitness Classes
7932 88 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
278161 87 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
277886 87 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
278119 87 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits102653485SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
278011 84 HAGERT CASEY Mileage & Parking Youth Programs Admin
1026484 82 CARLSTON, BRANDON Canine Supplies Police Sworn
278017 81 IH2 PROPERTIES LP AR Utility Water Enterprise Fund
277866 81 COMCAST Equipment Repair & Maint E-911 Program102641581GINA MARIAS INC Operating Supplies Volunteers
1026381 80 BICKLER, JILL Tuition Reimbursement/School Fitness Classes
278140 78 INDIGO SIGNWORKS, INC.Protective Clothing Fire
277933 78 SHRED RIGHT Waste Disposal City Hall (City Cost)
278184 78 SHRED RIGHT Waste Disposal City Hall (City Cost)278101 76 BRO-TEX INC Operating Supplies Fleet Operating
277766 75 GAS TANK RENU OF MINNESOTA Equipment Repair & Maint Fleet Operating
277970 75 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store
1026560 75 CITI-CARGO & STORAGE CO, INC Other Rentals Winter Theatre
1026416 74 GRAFIX SHOPPE Equipment Parts Fleet Operating102648973FADDEN, TIMOTHY Dues & Subscriptions Inspections-Administration
277793 72 LEONG, KUAI P&R Refunds Community Center Admin
277913 72 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn
1026482 70 CRASSAS TRACIE Tuition Reimbursement/School Fitness Classes
277898 69 JOHANNESON ASHER MARYA Tuition Reimbursement/School Fitness Classes
1026535 69 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1026400 69 MUNOZ, MEGAN Mileage & Parking Fitness Admin.
7898 68 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
277748 67 COMCAST Cable TV Fire
277992 67 COMCAST Cable TV Fire
278030 65 LAUINGER RACHEL P&R Refunds Community Center Admin
277905 65 MARKMAN WENDY P&R Refunds Community Center Admin
7899 59 MONEY MOVERS INC Other Contracted Services Community Center Admin
1026390 58 FAGNANT, SUSAN Operating Supplies Outdoor Center
Check #Amount Supplier / Explanation Account Description Business Unit Comments
277967 57 A TO Z RENTAL CENTER Repair & Maint. Supplies Fire
278058 56 SNAP-ON TOOLS Small Tools Fleet Operating
7925 55 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
277865 53 COMCAST Internet IT Operating
277781 50 INTELLIGERE Other Contracted Services Police Sworn
278166 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
277993 45 COMCAST Cable TV Fire
1026414 44 ECM PUBLISHERS INC Legal Notices Publishing City Clerk102652742SPRINTCell/Pager Plans IT Operating
277908 42 MEYER MARK AR Utility Water Enterprise Fund
277940 42 SYLVIA BARBARA P&R Refunds Community Center Admin
278055 40 ROCKEY, JOSH Mileage & Parking Senior Center Admin
277816 39 SIGNSOURCE Clothing & Uniforms Fire102648639CONCRETE CUTTING AND CORING Operating Supplies Street Maintenance
7900 37 ULTIMATE SOFTWARE GROUP, THE Payroll Taxes Health and Benefits
277927 36 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
1026438 34 CUSTOM HOSE TECH Equipment Parts Fleet Operating
278086 33 A TO Z RENTAL CENTER Operating Supplies Street Maintenance102643632BUNCH, DENISE H Tuition Reimbursement/School Fitness Classes
1026402 32 RAHIMI, RENEE Tuition Reimbursement/School Fitness Classes
277765 30 FLYNN, KERRY Operating Supplies Outdoor Center
278120 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
278121 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits27812230EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
277988 30 CHEN BING Deposits-Health Reimb.Community Center Admin
278015 30 HOLLAND JACQUELINE Deposits-Health Reimb.Community Center Admin
278026 30 LAFFLER SARA Deposits-Health Reimb.Community Center Admin
278074 30 YOUNG MONA Deposits-Health Reimb.Community Center Admin102651529HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
278132 28 HARAWAY GEOFFREY AR Utility Water Enterprise Fund
277840 28 TERRY JUDITH Operating Supplies Stormwater Non-Capital
278043 27 NELSON, ROBIN Deposits 494 Corridor Commission
278042 25 MORISSETTE JOSEE Deposits-Health Reimb.Community Center Admin27788825HENNEPIN COUNTY TREASURER Conference/Training Human Resources
278089 25 ALTEC INDUSTRIES INC Equipment Parts Fleet Operating
1026444 24 METROPOLITAN FORD Equipment Parts Fleet Operating
278028 23 LANDWEHR JIM P&R Refunds Community Center Admin
1026411 23 CENTERPOINT ENERGY Gas Crestwood Park102648322BOHNSACK, SUE Mileage & Parking Senior Center Admin
1026451 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
1026409 21 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
278200 21 TOUW JASON AR Utility Water Enterprise Fund
277863 20 CHRIS CASTLE INC Website Development 494 Corridor Commission
277887 20 HENNEPIN COUNTY TREASURER Dues & Subscriptions Human Resources
1026404 19 SPOK, INC.Cell/Pager Plans IT Operating
277820 18 STERLING FENCE INC Operating Supplies Park Maintenance
278003 18 EITEL JANE Deposits-Health Reimb.Community Center Admin
1026536 18 AJITAPRASAD, BEENA P&R Refunds Community Center Admin
277892 17 INC HOMEPRIDE AR Utility Water Enterprise Fund
7940 16 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
1026491 15 FLEETPRIDE INC Equipment Parts Fleet Operating
278057 15 SHAHINIAN ANTRANIK Deposits-Health Reimb.Community Center Admin
Check #Amount Supplier / Explanation Account Description Business Unit Comments
277904 14 MAILMANAGER LTD Software IT Operating
277938 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
1026396 14 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
277853 13 BEUTZ TOM P&R Refunds Community Center Admin
278191 13 STUCKEL STEPHEN Deposits General Fund
278002 12 EICKMEYER AMY Deposits-Health Reimb.Community Center Admin
7929 12 SQUARE Bank and Service Charges Prairie Village Liquor Store
1026540 11 FLEETPRIDE INC Equipment Parts Fleet Operating27789611JERRY'S ENTERPRISES INC Repair & Maint. Supplies Water Distribution
277872 10 CULLIGAN Corridor Comm. Misc 494 Corridor Commission
277915 10 NORTHERN VALUE GROUP LLC AR Utility Water Enterprise Fund
277909 10 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Fire Station #4
277910 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods2780599ST CHARLES PLACE LLC AR Utility Water Enterprise Fund
277984 9 CEF EP COMMUNITY SOLAR LLC Electric General Community Center
278095 8 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
277981 8 CASEY SARAH Deposits-Health Reimb.Community Center Admin
277852 6 BENSON, ALYSSA P&R Refunds Community Center Admin10263986MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
1026530 6 UPS Postage Human Resources
1026431 4 UPS Postage Police Sworn
277749 2 COMCAST Other Contracted Services Police Sworn
7894 0.01 SAGE PAYMENT SOLUTIONS Bank and Service Charges Water Accounting5,133,639 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
11/17/2020
Amount Account Description Business Unit
4,984 Operating Supplies Police Sworn
4,322 Other Revenue General Fund
3,700 Software/Hardware Maint.IT Operating
2,899 Software/Hardware Maint.IT Operating
2,344 Repair & Maint. Supplies Facilities Operating ISF
1,990 Conference/Training Human Resources
1,559 Office Supplies Community Development Admin.
1,032 Training Supplies Police Sworn
995 Conference/Training Police Sworn
995 Conference/Training Police Sworn
900 Other Contracted Services Police Sworn
850 Computers IT Operating
838 Small Tools Facilities Staff
828 Bank and Service Charges Prairie View Liquor Store
800 Licenses, Taxes, Fees Utility Operations - General
740 Small Tools Facilities Staff
671 Operating Supplies Pool Special Events
662 Equipment Parts Fleet Operating
640 Cleaning Supplies Facilities Operating ISF
575 Tuition Reimbursement/School Police Sworn
545 Dues & Subscriptions Assessing
537 Operating Supplies Police Sworn
510 Operating Supplies Round Lake Beach
503 Clothing & Uniforms Utility Operations - General
499 Operating Supplies Arts Center
468 Operating Supplies Halloween Party
454 Office Supplies Police Sworn
432 Operating Supplies Fire
425 Conference/Training Human Resources
422 Other Contracted Services Den Bldg. - CAM
412 Licenses, Taxes, Fees Fitness Classes
412 Licenses, Taxes, Fees Fitness Classes
404 Travel Expense Fire
385 Training Fire
369 Clothing & Uniforms Park Maintenance
344 Clothing & Uniforms Park Maintenance
342 Clothing & Uniforms Fitness Admin.
334 Miscellaneous City Council
312 Training Supplies Police Sworn
305 Equipment Parts Fleet Operating
290 Licenses, Taxes, Fees Utility Operations - General
276 Clothing & Uniforms Park Maintenance
275 Clothing & Uniforms Utility Operations - General
275 Operating Supplies Halloween Party
Amount Account Description Business Unit
262 Repair & Maint. Supplies City Center - CAM
255 Operating Supplies Halloween Party
255 Operating Supplies IT Operating
248 Clothing & Uniforms Outdoor Center
242 Repair & Maint. Supplies Utility Operations - General
236 Clothing & Uniforms Park Maintenance
235 Operating Supplies Fire
227 Operating Supplies Halloween Party
220 Dues & Subscriptions Engineering
220 Miscellaneous Athletic Programs Admin
217 Repair & Maint. Supplies Police (City Cost)
214 Repair & Maint. Supplies City Center - CAM
210 Computers IT Operating
206 Clothing & Uniforms Facilities Staff
204 Travel Expense Fire
200 Other Contracted Services PeopleFest
199 Operating Supplies IT Operating
199 Conference/Training Administration
198 Operating Supplies Pool Operations
195 Clothing & Uniforms Utility Operations - General
194 Operating Supplies Halloween Party
180 Clothing & Uniforms Park Maintenance
180 Capital Under $25,000 Fitness Classes
178 Landscape Materials/Supp Park Maintenance
170 Clothing & Uniforms Park Maintenance
169 Clothing & Uniforms Street Maintenance
160 Office Supplies Utility Operations - General
159 Dues & Subscriptions Engineering
159 Dues & Subscriptions Engineering
157 Training Supplies Police Sworn
156 Office Supplies Fire
154 Operating Supplies IT Operating
150 Tuition Reimbursement/School Police Sworn
148 Operating Supplies Arts Center
141 Clothing & Uniforms Park Maintenance
140 Operating Supplies Halloween Party
138 Clothing & Uniforms Utility Operations - General
138 Equipment Repair & Maint Fire
137 Clothing & Uniforms Utility Operations - General
137 Training Supplies Police Sworn
132 Canine Supplies Police Sworn
130 Clothing & Uniforms Park Maintenance
130 Operating Supplies Stormwater Non-Capital
129 Operating Supplies IT Operating
126 Clothing & Uniforms Park Maintenance
125 Dues & Subscriptions Communications
124 Travel Expense Fire
123 Training Supplies Police Sworn
Amount Account Description Business Unit
120 Office Supplies Police Sworn
120 Dues & Subscriptions Economic Development
120 Operating Supplies Elections
119 Tuition Reimbursement/School Utility Operations - General
119 Conference/Training Utility Operations - General
119 Conference/Training Utility Operations - General
119 Conference/Training Utility Operations - General
118 Clothing & Uniforms Park Maintenance
117 Equipment Parts Fleet Operating
115 Operating Supplies Halloween Party
113 Conference/Training Assessing
113 Conference/Training Assessing
112 Safety Supplies Fleet Operating
111 Clothing & Uniforms Utility Operations - General
110 Clothing & Uniforms Facilities Staff
108 Travel Expense Fire
108 Travel Expense Fire
108 Travel Expense Fire
108 Travel Expense Fire
106 Travel Expense Fire
105 Travel Expense Fire
105 Safety Supplies Park Maintenance
103 Training Supplies Fire
102 Operating Supplies Halloween Party
102 Travel Expense Fire
101 Travel Expense Fire
100 Travel Expense Fire
100 Licenses, Taxes, Fees Fitness Classes
100 Conference/Training Planning
100 Conference/Training Planning
100 Conference/Training Planning
100 Clothing & Uniforms Facilities Staff
100 Clothing & Uniforms Facilities Staff
100 Operating Supplies Ice Operations
99 Travel Expense Fire
99 Travel Expense Fire
99 Travel Expense Fire
99 Tuition Reimbursement/School Police Sworn
96 Clothing & Uniforms Park Maintenance
95 Clothing & Uniforms Park Maintenance
95 Clothing & Uniforms Park Maintenance
92 Operating Supplies Halloween Party
92 Travel Expense Fire
92 Travel Expense Fire
91 Clothing & Uniforms Utility Operations - General
91 Operating Supplies Halloween Party
91 Operating Supplies Halloween Party
89 Software/Hardware Maint.Fire
Amount Account Description Business Unit
89 Clothing & Uniforms Facilities Staff
87 Computers IT Operating
86 Computers Recreation Admin
85 Operating Supplies Senior Center Admin
85 Clothing & Uniforms Fleet Operating
84 Equipment Parts Fleet Operating
83 Travel Expense Fire
83 Travel Expense Fire
82 Operating Supplies Fall Harvest
82 Office Supplies Police Sworn
80 Operating Supplies Park Maintenance
80 Clothing & Uniforms Facilities Staff
80 Tuition Reimbursement/School Utility Operations - General
80 Tuition Reimbursement/School Utility Operations - General
79 Office Supplies Police Sworn
79 Office Supplies Fire
76 Travel Expense Fire
76 Travel Expense Fire
76 Deposits General Fund
76 Clothing & Uniforms Facilities Staff
75 Equipment Parts Fleet Operating
72 Operating Supplies IT Operating
72 Conference/Training Senior Center Admin
71 Travel Expense Fire
71 Merchandise for Resale Concessions
70 Computers IT Operating
70 Miscellaneous Community Center Admin
70 Clothing & Uniforms Park Maintenance
68 Operating Supplies Elections
67 Advertising Staring Lake Concert
66 Operating Supplies Park Maintenance
65 Operating Supplies Arts Center
65 Operating Supplies Police Sworn
64 Training Supplies Police Sworn
62 Operating Supplies Park Maintenance
62 Travel Expense Fire
62 Operating Supplies Senior Center Admin
60 Operating Supplies IT Operating
60 Tuition Reimbursement/School Fitness Classes
60 Operating Supplies Water Treatment
59 Operating Supplies Pool Operations
58 Operating Supplies Police Sworn
57 Repair & Maint. Supplies Ice Arena Maintenance
57 Clothing & Uniforms Fleet Operating
56 Miscellaneous City Council
56 Software/Hardware Maint.IT Operating
55 Clothing & Uniforms Park Maintenance
54 Clothing & Uniforms Utility Operations - General
Amount Account Description Business Unit
54 Clothing & Uniforms Utility Operations - General
53 Operating Supplies Outdoor Center
52 Merchandise for Resale Concessions
51 Clothing & Uniforms Park Maintenance
50 Dues & Subscriptions Police Sworn
50 Conference/Training Police Sworn
50 Conference/Training Police Sworn
50 Conference/Training Human Resources
49 Merchandise for Resale Concessions
48 Operating Supplies Arts Center
48 Office Supplies Fire
48 Software/Hardware Maint.IT Operating
48 Miscellaneous City Council
47 Training Supplies Fire
47 Training Supplies Police Sworn
47 Travel Expense Fire
45 Operating Supplies Fall Harvest
45 Operating Supplies Yard Waste Site
45 Tuition Reimbursement/School Police Sworn
44 Repair & Maint. Supplies Water Distribution
43 Clothing & Uniforms Park Maintenance
42 Operating Supplies IT Operating
42 Travel Expense Fire
42 Operating Supplies Police Sworn
42 Repair & Maint. Supplies City Center - CAM
42 Repair & Maint. Supplies Water Distribution
41 Operating Supplies Recreation Admin
41 Operating Supplies Halloween Party
41 Equipment Repair & Maint Fitness Classes
41 Operating Supplies Outdoor Center
40 Training Supplies Police Sworn
40 Clothing & Uniforms Park Maintenance
40 Conference/Training Youth Programs Admin
40 Operating Supplies Fire
39 Travel Expense Fire
39 Travel Expense Fire
38 Travel Expense Fire
38 Travel Expense Fire
38 Operating Supplies Police Sworn
38 Operating Supplies Halloween Party
37 Operating Supplies Outdoor Center
37 Motor Fuels Fleet Operating
37 Clothing & Uniforms Park Maintenance
36 Office Supplies Fire
35 Travel Expense Fire
35 Merchandise for Resale Concessions
35 Travel Expense Fire
35 Operating Supplies Halloween Party
Amount Account Description Business Unit
35 Conference/Training Outdoor Center
35 Travel Expense Fire
35 Training Supplies Police Sworn
34 Operating Supplies Halloween Party
34 Travel Expense Fire
34 Clothing & Uniforms Utility Operations - General
32 Operating Supplies Park Maintenance
30 Equipment Repair & Maint Pool Operations
30 Licenses, Taxes, Fees Senior Center Admin
30 Licenses, Taxes, Fees Utility Operations - General
30 Operating Supplies Halloween Party
30 Clothing & Uniforms Utility Operations - General
30 Operating Supplies Arts Center
29 Travel Expense Fire
29 Travel Expense Fire
29 Miscellaneous City Council
28 Repair & Maint. Supplies Water Distribution
28 Operating Supplies Housing and Community Service
28 Travel Expense Fire
28 Repair & Maint. Supplies Facilities Staff
28 Operating Supplies Halloween Party
28 Travel Expense Fire
28 Travel Expense Fire
27 Travel Expense Fire
27 Travel Expense Fire
27 Office Supplies Fire
27 Repair & Maint. Supplies City Center - CAM
26 Travel Expense Fire
26 Operating Supplies Outdoor Center
25 Tuition Reimbursement/School Police Sworn
25 Tuition Reimbursement/School Police Sworn
25 Repair & Maint. Supplies Ice Arena Maintenance
25 Clothing & Uniforms Park Maintenance
23 Employee Award Organizational Services
22 Travel Expense Fire
22 Operating Supplies Halloween Party
21 Operating Supplies Outdoor Center
21 Office Supplies Police Sworn
21 Operating Supplies IT Operating
21 Miscellaneous Athletic Programs Admin
20 Operating Supplies Outdoor Center
20 Operating Supplies Fall Harvest
20 Licenses, Taxes, Fees Utility Operations - General
20 Dues & Subscriptions Police Sworn
20 Operating Supplies Arts Center
20 Travel Expense Fire
19 Operating Supplies IT Operating
18 Merchandise for Resale Concessions
Amount Account Description Business Unit
18 Merchandise for Resale Concessions
18 Operating Supplies Police Sworn
18 Dues & Subscriptions Communications
18 Operating Supplies Fall Harvest
18 Operating Supplies Fall Harvest
18 Repair & Maint. Supplies City Hall (City Cost)
18 Operating Supplies IT Operating
18 Travel Expense Fire
17 Postage Facilities Staff
17 Travel Expense Fire
17 Travel Expense Fire
17 Operating Supplies City Clerk
16 Travel Expense Fire
16 Operating Supplies Pool Operations
16 Other Contracted Services Organizational Services
16 Dues & Subscriptions Housing and Community Service
16 Office Supplies Fire
15 Operating Supplies Outdoor Center
15 Travel Expense Fire
15 Software IT Operating
15 Operating Supplies Pool Lessons
14 Office Supplies Fire
14 Travel Expense Fire
14 Operating Supplies Volunteers
14 Operating Supplies Halloween Party
14 Operating Supplies Arts Center
14 Repair & Maint. Supplies Water Treatment
14 Operating Supplies Fire
13 Software IT Operating
13 Operating Supplies Park Maintenance
12 Operating Supplies Arts Center
12 Operating Supplies Fall Harvest
11 Operating Supplies Fall Harvest
11 Travel Expense Fire
11 Operating Supplies Community Center Admin
11 Operating Supplies Halloween Party
11 Travel Expense Fire
11 Travel Expense Fire
10 Travel Expense Fire
10 Operating Supplies Fall Harvest
10 Operating Supplies Outdoor Center
10 Conference/Training Park Maintenance
10 Conference/Training Park Maintenance
10 Operating Supplies IT Operating
10 Travel Expense Fire
10 Operating Supplies Halloween Party
9 Repair & Maint. Supplies Water Distribution
9 Operating Supplies Arts Center
Amount Account Description Business Unit
9 Operating Supplies Pool Operations
8 Operating Supplies Arts Center
8 Operating Supplies Fall Harvest
8 Travel Expense Fire
7 Operating Supplies Arts Center
7 Dues & Subscriptions Police Sworn
7 Travel Expense Fire
7 Operating Supplies Specialty Fitness Programs
6 Operating Supplies Arts Center
6 Operating Supplies Fall Harvest
6 Travel Expense Fire
6 Repair & Maint. Supplies Stormwater Collection
6 Operating Supplies Park Maintenance
6 Travel Expense Fire
6 Travel Expense Fire
5 Office Supplies Fire
5 Operating Supplies Community Center Admin
5 Licenses, Taxes, Fees Fleet Operating
5 Travel Expense Fire
4 Bank and Service Charges Customer Service
4 Dues & Subscriptions Police Sworn
4 Travel Expense Fire
4 Travel Expense Fire
-3 Software/Hardware Maint.IT Operating
-25 Dues & Subscriptions Fire
-34 Clothing & Uniforms Utility Operations - General
-50 Conference/Training Police Sworn
-51 Clothing & Uniforms Park Maintenance
-56 Clothing & Uniforms Park Maintenance
-72 Training Supplies Police Sworn
-81 Equipment Repair & Maint Water Supply (Wells)
-107 Clothing & Uniforms Utility Operations - General
-275 Operating Supplies Halloween Party
62,273 Report Total