HomeMy WebLinkAboutCity Council - 06/15/2021
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JUNE 15, 2021 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
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. DAN BLAKE HEULER PROPERTY (5:30-5:40)
II. INCLUSIONARY HOUSING (5:40-6:30)
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM
IV. ADJOURNMENT
Inclusionary Housing
Council Workshop 6/15/21
Inclusionary Zoning/Policy Refresher
•Policy requiring that a certain percentage of units be affordable at a given income level (e.g. 10% of units must be affordable to households earning 50% or less of the area median income or AMI)
•Increasingly used tool around metro with hundreds of programs nationwide
•In use in EP since 2017, but on deal-by-deal negotiated basis
•Recognized as an important strategy in Aspire EP 2040
•Housing Task Force recommends establishing formal ordinance for consistency & so developers know the rules of the game
Affordable Housing Need
•Per Met Council, Eden Prairie’s “fair share” of affordable housing need (i.e. the
number of new affordable units needed) based on projected growth is
approximately 1,400 by 2030
•Eden Prairie has negotiated this down to a range of ~700-1,400
•Bulk of need is at the extremely low-income level (at / below 30% AMI).
•Inclusionary housing seen as a key tool in meeting City’s need for affordable
housing, particularly with transit-oriented development on the way
Affordable Units Recently Added
RECOMMENDED ELEMENTS –
MULTIFAMILY
•Applies to all developments of 15 or more units
•Provides developer choice, but skews slightly toward deeper income affordability
•Developer chooses to provide 5% at / below 30% AMI, 10% at 50%, or 15% at 60% AMI
•If receiving TIF, must provide an additional 5% at / below 80% AMI (in addition to 20% at
or below 50% as required by state statute)
•Affordable units must be similar or identical to market rate units, must be fully integrated
into the building, and must be reflective of the overall unit size mix
•Affordable units are to be affordable long-term, but with a buy-out option at year 30
RECOMMENDED ELEMENTS –
SINGLE FAMILY / OWNER-OCCUPIED
•Applies to developments of 15 or more units
•Requires 10% of units to be affordable to households earning
120% or less of the AMI or a payment-in-lieu of construction
•Monies collected from payment-in-lieu used to other affordable
housing needs
•Task Force felt strongly that ordinance / policy should apply to all
developments as an equity issue
Lincoln Institute of Land Policy
Lincoln Institute of Land Policy
DEVELOPER INCENTIVES
KEY QUESTIONS APPLICABLE TO THE
DRAFT POLICY
•Should affordable housing units be required for all projects?
•Should builders of owner-occupied units be allowed to pay a fee in lieu of providing affordable
units on-site?
•How long should regulated units remain affordable?
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _______-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ENACTING NEW CITY CODE CHAPTER 14 RELATING TO INCLUSIONARY HOUSING THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That the City Code is hereby amended by adding a new Chapter 14 to read as follows:
CHAPTER 14 – INCLUSIONARY HOUSING SECTION 14.01 – FINDINGS, PURPOSE, AND AUTHORITY.
Subd. 1. Findings. The City Council finds and declares the following:
A. Appropriate housing that meets its citizens’ needs is an integral part of Eden Prairie’s existing and future prosperity and its citizens’ health and well-being.
B. A notable housing shortage exists in Eden Prairie for lower-income rental properties and
owner-occupied housing.
C. There is a pronounced need to encourage and assist in the development of affordable housing in Eden Prairie.
D. A goal of the City’s Comprehensive Plan, Aspire Eden Prairie 2040, is to incentivize attainable and affordable housing options for lower-income households so they can move
to and remain in Eden Prairie.
E. Aspire Eden Prairie 2040 establishes the portion of Eden Prairie’s regional share of affordable housing at 1,408 new affordable units by 2030.
F. The health, safety, and economic welfare of the present and future residents of Eden Prairie depends on the availability of a range of housing choices affordable to persons and families
who comprise the City’s workforce.
G. Developing and maintaining a healthy mix of affordable housing options can foster a diverse, resilient local economy by bringing workers and residents closer to their jobs, schools, and necessary services.
Subd. 2. Purpose. The purpose of this Chapter is to implement the City’s Inclusionary Housing
Policy to further City’s goal of promoting diversity in its housing stock such that households of
various income levels, ages, and sizes have choice in the place they call home.
Subd. 3. Authority. This Chapter is adopted pursuant to the following authority:
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A. Minn. Stat. § 462.358, subd. 1a, which provides that a municipality may by ordinance adopt
and maintain in effect subdivision regulations “to promote the availability of housing
affordable to persons and families of all income levels”;
B. Minn. Stat. § 462.358, subd. 11, which provides that, in connection with approving a development application, a municipality may enter into an agreement with an applicant that provides for a portion of housing units be affordable with established pricing and long-
term affordability; and
C. Minn. Stat. § 473.859, which requires municipal comprehensive plans to include “a housing implementation program, including official controls to implement the housing element of the land use plan, which will provide sufficient existing and new housing to meet the local unit’s share of the metropolitan area need for low and moderate income
housing.”
SECTION 14.02. – DEFINITIONS.
For the purposes of this Chapter, the following terms, phrases, words, and their derivations have the meanings given in this Section.
Affordable Residential Project means a development that has received funding from an entity other
than the City in exchange for the provision of affordable dwelling units.
Area Median Income or AMI means the median household income as most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota – Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms.
Developer means any person who applies to the City for a comprehensive plan amendment, zoning
amendment, planned unit development, or site plan review for a residential project subject to the requirements of this Chapter.
Dwelling Unit means residential accommodation including kitchen facilities, permanently installed, which are arranged, designed, used, or intended for use exclusively as living quarters for
one (1) family and not more than an aggregate of two (2) roomers or boarders.
Financial Assistance means the provision of TIF, pooled TIF, housing revenue bonds, grants secured by the City on behalf of the owner, funds levied to support affordable housing, reduced or waived City fees, and any other grants or loans provided by the City to the developer or owner that benefit a residential project.
Household means one person residing alone or two or more related or unrelated persons sharing
residency in a dwelling unit.
Inclusionary Dwelling Unit means a dwelling unit within a residential project subject to this Chapter that meets the affordability standards in Section 14.03, subdivision 1.
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Income-Eligible Household means a household that meets the income requirements to qualify for
ownership or occupancy of an inclusionary dwelling unit.
Market Rate Residential Project means a residential project in which the dwelling units are or will be marketed for sale or lease at a price affordable to households earning 120% or more of AMI.
Owner means the individual or entity that holds fee title to a property as indicated in Hennepin County’s property records.
Residential Ownership Project means any residential project in which dwelling units are or will
be sold to owners who will occupy the units.
Residential Project means any residential or mixed-use development that includes any single-family, duplex, townhouse, apartment, condominium, or other residential dwelling unit.
Residential Rental Project means any residential project in which dwelling units are or will be
leased to tenants.
SECTION 14.03. – INCLUSIONARY HOUSING REQUIREMENT.
Subd. 1. Applicability. This Chapter applies to any new or existing residential project that meets one or more of the following criteria:
A. A market rate residential project that adds or creates fifteen (15) or more dwelling units
and:
1. Requires approval from the City for a comprehensive plan amendment, zoning amendment, planned unit development, or site plan review; or
2. Receives financial assistance from the City.
B. A new residential project receiving TIF from the City.
C. A partially or fully affordable residential project that already meets or will meet the
thresholds specified in subdivision 2.
D. Any other residential project for which the developer or owner voluntarily chooses to provide inclusionary dwelling units under this Chapter.
Subd. 2. Affordability Requirement.
A. For residential rental projects, the developer must provide inclusionary dwelling units as
follows:
1. 5% of the total dwelling units affordable to households at or below 30% of AMI;
2. 10% of the total dwelling units affordable to households at or below 50% of AMI; or
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3. 15% of dwelling units affordable to households at or below 60% of AMI.
B. For residential ownership projects, the developer must provide inclusionary dwelling units
as follows:
1. 10% of dwelling units affordable to households at or below 115% of AMI; or
2. Payment to the City in lieu of providing inclusionary dwelling units in an amount established by the Council by resolution or ordinance which will be used by the
City to promote and provide affordable housing in other areas of the City. Such
payment must be received by the City prior to the issuance of any building permit for the development or as otherwise established in the development agreement.
C. For new residential projects receiving TIF from the City, a minimum of 5% of dwelling units must be affordable to households at or below 80% of AMI in addition to the statutory
affordability requirements imposed as a condition of receiving TIF.
D. The number of inclusionary dwelling units required will be based on the total number of dwelling units approved by the City. If the final calculation includes a fraction of a unit, the fraction will be rounded up to the nearest whole number.
E. For an existing residential project that is expanded by at least 15 dwelling units, the number
of required inclusionary dwelling units will be based on the total number of units following
completion of the expansion.
F. The developer must include, along with its application to the City for a comprehensive plan amendment, zoning amendment, planned unit development, or site plan review, information detailing how the requirements of this Section will be met.
Subd. 3. Period of Affordability.
A. Rental Projects. Residential rental projects subject to this Chapter must maintain the inclusionary dwelling units in perpetuity. After thirty (30) years have passed from the date of the development agreement, the owner may “buy out” the affordability by making a one-time payment to the City in an amount to be determined by the Council based on the
expected life of the development.
B. Ownership Projects. Inclusionary dwelling units in residential ownership projects must remain affordable for a minimum period of ten (10) years. Prior to the issuance of a building permit that allows the construction of the inclusionary dwelling units, the developer or owner must record a restrictive covenant in a form approved by the City
against each inclusionary dwelling unit property prohibiting the sale of the property at a
price higher than that affordable to a household earning 115% or less of AMI during the ten-year period.
Subd. 4. Eligibility and Rent Limitation.
A. Rental Projects. The following apply to residential rental projects subject to this Chapter:
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1. Inclusionary dwelling units may only be leased to income-eligible households
during the period of affordability.
2. The monthly rent of the inclusionary dwelling unit must be based on the AMI as determined by the U.S. Department of Housing and Urban Development and published by the Minnesota Housing Finance Agency, adjusted for number of bedrooms.
3. An income-eligible household may remain in the inclusionary dwelling unit for
additional lease periods so long as the income of the household does not exceed 120% of the applicable AMI for the inclusionary dwelling unit.
4. A household that is income-eligible at the commencement of a lease may remain in the inclusionary dwelling unit for the entire lease term even if the household’s
income exceeds 120% of the applicable AMI before the end of the lease term.
5. The owner or its agent may not decline to lease to, or otherwise discriminate against, income-eligible households that would pay their rent with federal, state, or local public assistance, or tenant-based federal, state, or local subsidies, including but not limited to rental assistance, rent supplements, and housing choice vouchers.
B. Ownership Projects. Inclusionary dwelling units in residential ownership projects may be
sold only to income-eligible households at the time of initial sale and during the period of affordability.
Subd. 5. Standards for Inclusionary Dwelling Units.
A. Location. Inclusionary dwelling units must be located within the particular residential
project for which affordability is required under this Chapter. Unless otherwise approved
by the Council, inclusionary dwelling units must be mixed with and incorporated into the overall development and must not be separated from market-rate units. Residents of inclusionary dwelling units must have equal access to all entries, lobbies, elevators, parking, and amenities as residents of market-rate units.
B. Unit Mix. Inclusionary dwelling units in residential rental projects may be fixed or may
“float” within the development provided that the minimum number of required inclusionary dwelling units per bedroom size is maintained and the units are reasonably spread throughout the development.
C. Timing. The construction or provision of inclusionary dwelling units must be concurrent
with construction of new market-rate dwelling units.
D. Primary Residence. No household may purchase or lease an inclusionary dwelling unit created as a result of this Chapter unless the household is an income-eligible household and the household occupies the inclusionary dwelling unit as its primary residence.
E. Size and Design. The size and design of inclusionary dwelling units must be functionally
equivalent to the market-rate units in the project.
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F. Quality. The exterior materials, interior finish including appliances and mechanical
equipment, and quality of construction of inclusionary dwelling units must be
indistinguishable in style and quality from the market-rate units in the project.
G. Compliance with Laws and Codes. Inclusionary dwelling units must be maintained in compliance with all applicable state and local building codes and all other federal, state, and local rules and regulations.
Subd. 6. Monitoring and Compliance. The owner or developer must submit documentation as
and when required by the Community Development Director to establish continuing compliance with the requirements of this Chapter.
Subd. 7. Agreement with City. The requirements of this Chapter as applicable to an individual residential project will be incorporated into a development agreement or other agreement between
the City and the owner or developer. No building permit, except as may be authorized by the City
Manager in his or her sole discretion, may be issued for the project until the agreement is recorded with the Hennepin County Recorder or Registrar of Titles, as appropriate.
Subd. 8. Exemptions. The City Council may, in its sole discretion, exempt a residential project from the requirements of this Chapter or otherwise alter the requirements if the developer
establishes that compliance with this Section would cause an undue burden. The Council will
consider the following factors in determining whether a partial or full exemption should be granted:
A. Whether strict compliance with the requirements of this Section will result in a financial return to the owner or developer that is significantly below those typical in the market.
B. Whether the owner or developer has applied for or otherwise sought available resources to
close any financial gap including, but not limited to, regional, state, or federal grants or loans.
C. Whether the residential project aligns with and will advance the goals of the City’s Comprehensive Plan.
D. Whether the residential project will serve special populations, including but not limited to
households experiencing or at risk of experiencing long-term homelessness, and senior facilities providing assisted living, memory care, skilled nursing care, or end-of-life care.
SECTIONS 14.04–14.98. - RESERVED
SECTION 14.99. – VIOLATION A MISDEMEANOR.
Every person violates a section, subdivision, paragraph, or provision of this chapter when he or
she performs an act thereby prohibited or declared unlawful, or fails to act when such failure is prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JUNE 15, 2021 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City
Attorney Maggie Neuville, and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT CONTRIBUTION FROM ESTATE OF JEFFERY KIRST IN
AMOUNT OF $45,790.22 FOR IMPROVEMENTS AT SENIOR CENTER
(Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 18, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 18, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE QUOTE AND AUTHORIZE XIGENT SOLUTIONS, LLC FOR
CISCO UCS BLADES REFRESH AT CITY CENTER
C. ADOPT RESOLUTION APPROVING PARTICIPATION IN
PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY
COUNCIL ON LOCAL RESULTS AND INNOVATION
D. APPROVE CONTRACT WITH VTI SECURITY FOR FIRE STATIONS 2, 3,
AND 4 CAMERA UPGRADE PROJECT
CITY COUNCIL AGENDA
June 15, 2021
Page 2
E. ADOPT RESOLUTION WITHDRAWING FROM JOINT POWERS
AGREEMENT ESTABLISHING REGIONAL ALL-HAZARDS INCIDENT
MANAGEMENT ORGANIZATION AND APPROVING COOPERATIVE
AGREEMENT FOR MINNESOTA STATEWIDE ALL-HAZARDS
INCIDENT MANAGEMENT ORGANIZATION
F. ADOPT RESOLUTION ACCEPTING GRANT FROM MINNESOTA
DEPARTMENT OF COMMERCE FOR PURCHASE OF PORTABLE
LICENSE PLATE READER
G. APPROVE CONTRACT WITH MOTOROLA FOR DISPATCH
CONSOLES, MONITORING, AND LOGGING RECORDER SUPPORT
H. AWARD CONTRACT TO MICHELS PIPE SERVICES FOR REGIONAL
CENTER ROAD WATER MAIN RELINING PROJECT
I. APPROVE CHANGE ORDER FOR CUMBERLAND ROAD REHAB
J. AWARD CONTRACT TO VALLEY-RICH CO., INC. FOR WATERMAIN
VALVE REPAIRS
K. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II
NPDES STORM WATER PERMIT PROGRAM
L. AWARD CONTRACT TO VALLEY-RICH CO., INC. FOR CREEKWOOD
DRIVE DRAINAGE IMPROVEMENTS
M. ACCEPT BIDS AND AWARD CONTRACT TO ODESSA II FOR RILEY
LAKE PARK PLAY AREA IMRPOVEMENT PROJECT
N. ACCEPT BIDS AND AWARD CONTRACT TO PRAIRIE ELECTRIC FOR
INSTALLATION OF SPORTS LIGHTING AT MILLER PARK
O. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2019-117
RELATING TO MAXIMUM ACCRUAL FOR DEFERRED ASSESSMENTS
P. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2017-80 AND
2017-81 RELATING TO DESIGNATED COMMUNITY FESTIVALS
IX. PUBLIC HEARINGS / MEETINGS
A. MORIMOTO CITY HOMES by Hennepin CityHomes LLC. Resolution for
Planned Unit Development Concept Review on 2.84 acres, First Reading of an
Ordinance for Planned Unit District Review with Waivers and Zoning Change
from Rural to RM-6.5 on 2.84 acres; Resolution for Preliminary Plat on 2.84 acres
(Resolution for PUD Concept Review, Ordinance for PUD District Review
and Zoning Change, Resolution for Preliminary Plat)
CITY COUNCIL AGENDA
June 15, 2021
Page 3
B. CHAPTER 11 CITY CODE AMENDMENTS by City of Eden Prairie. First
Reading of Ordinance to Amend City Code Chapter 11 relating to Group Usable
Open Space, Gross Site Area Per Dwelling Unit, and Parking (Ordinance)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. RESOLUTION TERMINATING LOCAL EMERGENCY
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. STUDENTS ON COMMISSIONS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
1. Highland Oaks Development Agreement Amendment Request No. 2
(2021-08)
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: June 11, 2021
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, June 15, 2021
___________________________________________________________________________________________
TUESDAY, JUNE 15, 2021 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council
on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are
finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not
recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT CONTRIBUTION FROM ESTATE OF JEFFERY KIRST IN AMOUNT OF $45,790.22 FOR IMPROVEMENTS AT SENIOR CENTER (Resolution) Synopsis: Mr. Kirst was a long time Eden Prairie resident, an Election Judge and frequent contributor to the Eden Community Foundation. Upon his recent passing we were notified of funds directed towards Parks and Recreation. This donation
from the Estate of Jeffery Kirst will go to the improvements and modifications at the Senior Center. A bench recognizing Mr. Kirst will be placed in a park. MOTION: Move to adopt the Resolution accepting the contribution in
the amount of $45,790.22 from the Estate of Jeffery Kirst to go towards
improvements to the Senior Center. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
ANNOTATED AGENDA June 15, 2021
Page 2 MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 18, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 18, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-P on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. APPROVE QUOTE AND AUTHORIZE XIGENT SOLUTIONS, LLC FOR CISCO UCS BLADES REFRESH AT CITY CENTER
C. ADOPT RESOLUTION APPROVING PARTICIPATION IN
PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION
D. APPROVE CONTRACT WITH VTI SECURITY FOR FIRE STATIONS 2, 3, AND 4 CAMERA UPGRADE PROJECT E. ADOPT RESOLUTION WITHDRAWING FROM JOINT POWERS AGREEMENT ESTABLISHING REGIONAL ALL-HAZARDS INCIDENT MANAGEMENT ORGANIZATION AND APPROVING COOPERATIVE AGREEMENT FOR MINNESOTA STATEWIDE ALL-HAZARDS
INCIDENT MANAGEMENT ORGANIZATION
F. ADOPT RESOLUTION ACCEPTING GRANT FROM MINNESOTA DEPARTMENT OF COMMERCE FOR PURCHASE OF PORTABLE LICENSE PLATE READER
G. APPROVE CONTRACT WITH MOTOROLA FOR DISPATCH CONSOLES, MONITORING, AND LOGGING RECORDER SUPPORT
H. AWARD CONTRACT TO MICHELS PIPE SERVICES FOR REGIONAL
CENTER ROAD WATER MAIN RELINING PROJECT
I. APPROVE CHANGE ORDER FOR CUMBERLAND ROAD REHAB
J. AWARD CONTRACT TO VALLEY-RICH CO., INC. FOR WATERMAIN VALVE REPAIRS
K. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM
ANNOTATED AGENDA June 15, 2021
Page 3
L. AWARD CONTRACT TO VALLEY-RICH CO., INC. FOR CREEKWOOD DRIVE DRAINAGE IMPROVEMENTS
M. ACCEPT BIDS AND AWARD CONTRACT TO ODESSA II FOR RILEY LAKE PARK PLAY AREA IMRPOVEMENT PROJECT
N. ACCEPT BIDS AND AWARD CONTRACT TO PRAIRIE ELECTRIC FOR
INSTALLATION OF SPORTS LIGHTING AT MILLER PARK
O. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2019-117 RELATING TO MAXIMUM ACCRUAL FOR DEFERRED ASSESSMENTS
P. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2017-80 AND 2017-81 RELATING TO DESIGNATED COMMUNITY FESTIVALS IX. PUBLIC HEARINGS / MEETINGS
A. MORIMOTO CITY HOMES by Hennepin CityHomes LLC. Resolution for Planned Unit Development Concept Review on 2.84 acres, First Reading of an Ordinance for Planned Unit District Review with Waivers and Zoning Change from Rural to RM-6.5 on 2.84 acres; Resolution for Preliminary Plat on 2.84 acres (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution for Preliminary Plat)
Synopsis: The property at 9360 Hennepin Town Road is 2.85 acres and currently includes a single family home. The land is generally flat with a small wetland on both the west and east side of the property. The eastern 2/3 of the property is
wooded with some trees around the perimeter of the property. The applicant is requesting approval to construct 16 owner-occupied townhome units in groups of 3, 4 and 5 units. Surrounding land uses include residential and commercial to the north, residential to the west and residential and open space to the south. Hennepin Town Road and Highway 169 run along the east side of the property.
The majority of the homes in the immediate residential neighborhood are ramblers and split level homes. The proposed units are two stories with two-car garages facing the main drive into the site. MOTION: Move to:
Close the Public Hearing; and
Adopt the Resolution for a Planned Unit Development Concept
Review on 2.85 acres
Approve the 1st Reading of the Ordinance for the Planned Unit Development District Review with waivers on 2.85 acres and Zoning District Change from Rural to RM-6.5 on 2.85 acres
Adopt a Resolution for the Preliminary Plat to create 16 lots
ANNOTATED AGENDA June 15, 2021
Page 4 and 3 outlots on 2.85 acres.
Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions
B. CHAPTER 11 CITY CODE AMENDMENTS by City of Eden Prairie. First
Reading of Ordinance to Amend City Code Chapter 11 relating to Group Usable Open Space, Gross Site Area Per Dwelling Unit, and Parking (Ordinance) Synopsis: Group Usable Open Space In City Code, Group Usable Open Space (GUOS) is defined as land area and
facilities specifically designated and developed for group recreational or social activities. Overtime, the requirement has been applied inconsistently, and it has been difficult for developers to comply with the requirements. The proposed amendments include changing the definition to be clearer to provide for more consistent interpretation and application of this standard and reducing the
requirements to reflect multifamily development trends, smaller infill development sites, and current City goals and objectives.
Gross Site Area Per Dwelling Unit City Code includes a requirement for Gross Site Area Per Dwelling Unit. The
intent of the requirement is to regulate density. Maximum density requirements are also established in Section 11.03 Subd. 2 of City Code and in the Comprehensive Plan, making the Gross Site Area Per Dwelling Unit requirement redundant. Further, the maximum densities established in City Code and the Gross Site Area Per Dwelling Unit requirements are inconsistent with one
another. The proposed amendment eliminates the Gross Site Area Per Dwelling Unit requirement
Parking Staff has prepared an ordinance for the City Council to consider related to parking
stall/aisle dimensions and multifamily parking requirements in Chapter 11. The intention of these changes is to reflect trends in development and scale parking more appropriately to sites to reduce large amounts of underutilized parking stalls and the number of Planned Unit Development wavier requests. MOTION: Move to:
Close the Public Hearing; and
Approve the 1st Reading of the Ordinance to Amend City Code
Chapter 11 relating to Group Usable Open Space, Gross Site
Area Per Dwelling Unit, and Parking
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote).
ANNOTATED AGENDA June 15, 2021
Page 5
XI. ORDINANCES AND RESOLUTIONS
A. RESOLUTION TERMINATING LOCAL EMERGENCY
Synopsis: In response to the COVID-19 pandemic, on March 16, 2020 the Mayor declared a local emergency pursuant to Minnesota Statutes Section 12.29, and the City Council extended the local emergency on March 17, 2020 by adopting
Resolution No. 2020-47. The local emergency declaration and resolution
authorized the City to take all action necessary to respond to the emergency and permitted the execution of emergency agreements and contracts outside of normal purchasing, competitive bidding, and other statutory requirements.
The recent availability and prevalence of highly effective vaccines for COVID-19
has greatly reduced the risk posed by the virus, and the state positivity rate continues to fall. The City no longer requires the emergency powers provided by law in order to
effectively respond to any continuing impacts of the pandemic. Staff recommends approval of the attached resolution terminating the local emergency. The resolution also provides that meetings subject to the Open Meeting Law, including meetings of the City Council as well as City boards and commissions,
will now be held in person unless criteria for remote participation are met as provided in Minnesota Statutes Sections 13D.02 or 13D.021. MOTION: Move to adopt Resolution Terminating Local Emergency
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. STUDENTS ON COMMISSIONS
Synopsis: Applications for Students on Commissions positions were accepted from mid-April to the end of May. More than 40 applications were received this year, and there were more applicants than spots available on Commissions. Commission
Staff Liaisons reviewed the applications. The appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. An orientation session will be held in late August. MOTION: Move to:
Appoint to the Flying Cloud Airport Advisory Commission –
Alec Aldrich, Max Johnson, Paawan Kathuria, Suchita Sah,
Yash Salunke, and Zuheb Ibrahim
Appoint to the Heritage Preservation Commission – Andrea
ANNOTATED AGENDA June 15, 2021
Page 6 Porter, Devyn Stanton, Joseph Canham, and Luc Willett
Appoint to the Human Rights and Diversity Commission – Hina Kazama, Keerthana Ramanathan, Salma Awale, Shubhangi Mohan, Sophie Lunda, and Zudaysi Osman
Appoint to the Parks, Recreation, and Natural Resources Commission – Aditi Nadkarni, Arie Cohen, Evan Lembke, Joey Schommer, Kamal Yusuf, and Maria Zeien
Appoint to the Sustainability Commission – Abi Rajasekaran,
Amoligha Timma, Anna Maristela, Augie Stukenborg, Julia
Harris, and Muthu Meenakshisundaram
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
1. Highland Oaks Development Agreement Amendment Request No. 2
(2021-08) Synopsis: The Highland Oaks Development Agreement was originally approved by the City Council on October 15, 2019. During the
development review process, there was substantial discussion regarding
the opportunity to save additional trees beyond what was initially proposed. Prior to final approval, the plans were revised to save additional trees including Tree No. 142, which is a 53 inch oak tree.
On August 18, 2020, City Council approved the First Amendment to the
Development Agreement for Highland Oaks. The First Amendment approved the removal of five (5) significant trees that were originally proposed to be saved. In the initial Development Agreement Amendment request, the developer asked to remove Tree No. 142. Staff did not
recommend removal of Tree 142 due to the amount of public input on the
impacts of removing the tree. Staff recommended removal and inch for inch replacement of the other five (5) trees requested to be removed. The applicant of the current Development Agreement Amendment
request, the owner of the lot and new home being constructed, is
requesting that the Development Agreement plans be amended to remove Tree Nos. 141 and 142 and provide replacement on an inch for inch basis. The applicant has also requested to remove an insignificant ash tree. Per City Code requirements, the trees that are smaller than 12 caliper inches
are not considered significant and do not require replacement. The ash tree
does not need to be part of this Development Agreement Amendment
ANNOTATED AGENDA June 15, 2021
Page 7 request and can be removed from the property whether or not the Development Agreement Amendment is approved. The applicant has
shared that it is not practical to remove Tree 141 and the insignificant ash
tree without removing Tree 142 due to the layout of the site. Staff has reviewed the proposed removal of Tree Nos. 141 and 142 and the associated replacement plan. The proposed replacement plan provides 25
caliper inches of trees. This is 43 caliper inches short of the 68 caliper
inches that would be required if Trees 141 and 142 were removed. Additional inches can be added to make up a portion of this deficit by increasing the sizes of the existing trees, planting additional trees, or some combination thereof. However, there is not a sustainable option for the
applicant to replace all 68 caliper inches on the property. Even if
additional trees were added and the sizes of the proposed trees increases, there will still be a deficit of caliper inches on the site. Should City Council choose to approve tree removal, Staff recommends the tree replacement plan be amended to increase the number of caliper inches
replaced on the site to reduce the amount of caliper inches that will be lost.
Due to the amount of public input on the impacts of removing Tree No. 142, the good condition of Tree Nos. 141 and 142, and a proposed tree replacement plan that does not replace all of the caliper inches required by
the Development Agreement, City Staff does not recommend approval of
the Development Agreement Amendment request to remove Tree Nos. 141 and 142. Both trees are part of a larger stand of trees that has been reviewed on multiple occasions with the intention to preserve the tree stand. Both Tree No. 141 and 142 are in good condition. The insignificant
ash tree can be removed from the property without a Development
Agreement Amendment and maintain consistency with the approved Development Agreement for the site and City Code requirements. MOTION: Move to:
Deny the application for an Amendment to the Development
Agreement;
OR Direct Staff to Prepare an Amendment to the Development Agreement reflecting the Council’s preference for tree removal and meet City staff recommendations for tree replacement.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
ANNOTATED AGENDA June 15, 2021
Page 8 H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Estate of Jeffery Kirst to the Senior Center
ITEM NO.:
IV.A.
Requested Action Move to: Adopt the Resolution accepting the contribution in the amount of $45,790.22 from the Estate of Jeffery Kirst to go towards improvements to the Senior Center. Synopsis Mr. Kirst was a long time Eden Prairie resident, an Election Judge and frequent contributor to the Eden Community Foundation. Upon his recent passing we were notified of funds directed towards Parks and Recreation. This donation from the Estate of Jeffery Kirst will go to the
improvements and modifications at the Senior Center. A bench recognizing Mr. Kirst will be
placed in a park. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The contribution to the City of $45,790.22 from the Estate of Jeffery Kirst to be used for
improvements at the Senior Center is hereby recognized and accepted by the Eden Prairie City
Council. ADOPTED by the City Council of the City of Eden Prairie this 15th day of June 2021.
___________________________ Ronald A. Case, Mayor
ATTEST:
___________________________
Kathleen Porta, City Clerk
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MAY 18, 2021 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
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. RACE AND EQUITY INITIATIVE UPDATE
Getschow stated tonight’s presentation will be on the process of the race and equity initiative.
The August workshop is set aside to report on the results. Megan Yerks, Human Rights and
Diversity Commission (HRDC) staff liaison, introduced those who have been involved with
this initiative including HRDC members, DeYoung Consulting, and the human resources
manager.
Yerks stated one of the initial statements made by Council about the initiative was the
sentiment of wanting to understand the experience of an Eden Prairie resident from a
perspective that they will never have. This statement has been a guide to this project. They
have been gathering a comprehensive view of what the residents are seeing and experiencing
in Eden Prairie. The initiative project statement was put together with DeYoung Consulting
when developing the framework for the project, and DeYoung Consulting has helped
communicate this project statement clearly with the people they are interacting with. The
project statement reads:
The City of Eden Prairie would like to find ways for the City to become
more responsive to residents’ diverse needs and to advance racial equity,
diversity, and inclusion. We will be actively engaging with the community
to learn about our members’ needs. We will also complete a review of
current policies and procedures to identify barriers. As a result, we hope
this project will create and strengthen community relationships, encourage
shared decision making and minimize disparities wherever possible.
Yerks stated there are six areas of inquiry: emergency response; facility/program
accessibility and culture; recruiting, hiring and retention; connection to community;
City Council Workshop Minutes May 18, 2021
Page 2 community experience; and developing future leaders. There has been a lot of feedback on
the emergency response portion for both the police and fire departments. In regards to
facilities and programs the questions pertain to whether residents feel like the spaces and
events are designed for them, comfortable for them, and honors their tradition and culture. In
regards to recruiting, hiring, and retention a consistent response is it’s important to the
community for City staff to represent the community. Residents feel more comfortable when
they see people who look like them, but it is also helpful for insight when decisions are being
made. The connection to community looks at how the City and residents communicate with
one another and the level of trust between the two. Community experience is an area where
the City may not have much control over experiences with neighbors and organizations, but
it also helps the City see the bigger picture. In regards to developing future leaders they
reviewed the resources and opportunities available to young people.
Narayanan stated he likes the project scope. Case added the six categories are very thorough.
Yerks added she and Commission Member Philip Skeie has also reached out to the City of
Brooklyn Park, and they are doing a similar project but focusing on the police department.
Yerks stated the project began in December with defining the project and working with
DeYoung. The internal scan took place in January. In February DeYoung Consulting
primarily reviewed literature on best practices. In April they hosted community listening
sessions. On Friday they concluded all of the organizational and resident interviews. The
internal and external outreach is complete. Through the summer there will be data analysis
and a review of the findings. The reporting of the findings will happen in July. The internal
scan involved 37 documents from three inquiry areas. Emergency response, primarily from
police, amounted to 33 percent of the documents. Connection to community documents came
from communications, amounting to 19 percent. Recruiting, hiring and retention covered 47
percent of the documents including the hiring process, equal employment opportunity (EEO)
statistics and summary, recruitment partnerships, retention data, trainings, the employee
handbook, work plans, employee surveys, action plans, performance evaluation, and the Race
and Equity plan. DeYoung Consulting has worked on an analysis of the documents. The
second part of the internal scan involved internal interviews. These were conducted through
individual interviews and focus groups. In regards to emergency response there were a lot of
factors they considered when deciding who to interview: a unique perspective, longevity of
experience, strength of peer relationships, and uniqueness through a community-based role.
They spent a lot of time talking with police officers throughout the chain of command. There
was also a focus group with police leadership. In regards to hiring, recruitment, and retention
they conducted individual interviews with human resources and a focus group of diverse
employees. In regards to connection to the community they conducted interviews with City
leadership. In regards to community experience they held a focus group with customer-facing
employees. The interviews and focus groups were conducted by DeYoung Consulting. There
were a number of conversations internally to discuss the process, and they did their best to
provide anonymity.
City Council Workshop Minutes May 18, 2021
Page 3
Yerks provided an overview of the external outreach process. They wanted to see how the
intentions of the City as a service-provider were translating to the community. Resident input
was provided through World Café Events conducted virtually. There were four sessions total,
three were conducted by DeYoung Consulting and one was conducted by HRDC. Two of the
sessions were for the general community, one was focused on the youth population, and one
was more specific to the Somali community. They did targeted outreach to recruit
participants and worked with community liaison partners to ensure diversity in participants.
There was wide diversity in gender, race, experience, and age.
Case inquired if there will be a report on this information in August. He inquired if they
leaned on the liaisons to invite people to the conversation or if there was criteria for who they
would like involved. Yerks replied they did lean on the liaisons. Most of the criteria was
focused on race, but there was inclusion of persons with disabilities and the LBGTQ
community. They focused primarily on race but other themes of intersectionality emerge.
Although they talked about race there were many differing perspectives when talking about
immigrant versus non-immigrant or English speaking versus non-English speaking.
Nelson inquired if the conversations also captured parents of school-aged children. Yerks
confirmed there were conversations including parents and their concerns. There were also
conversations about the division of City responsibilities versus the school district.
Yerks stated one areas they focused on was the expectation of confidentiality, yet the
necessity of transparency from the City. This is why the interviews and all but one of the
community listening sessions were conducted by DeYoung Consulting. The World Café
Event conversations included five areas of inquiry, excluding the hiring and retention area of
inquiry. Questions focused on strengths and opportunities for improvement. They also talked
about an ideal experience and if they had a magic wand to change anything. They received a
lot of the feedback about the value of the time spent by leadership in the community. They
also acknowledge that there are residents who do not want to have these conversations with
the City or there is not a level of trust with them to feel willing to share their experiences. To
help capture those voices, they hosted community organization listening sessions. Non-profit
organizations gave input through virtual conversations facilitated by Commissioners. There
were 14 participants from six Eden Prairie organizations. Instead of asking what the
organizations would like to see changed, they were asked what they have been hearing from
the community. The notes were submitted to DeYoung Consulting
Freiberg inquired why conversations were had with police department leadership only and
not the fire department. Yerks responded part of it was due to budget and the other part due
to scheduling. Conversations were had with the fire chief.
City Council Workshop Minutes May 18, 2021
Page 4 Commission Member Tyler Aman provided insight on the community organization sessions.
They were able to express their clients concerns, and once the conversation opened up they
had a lot to say. Case inquired which organizations were involved. Yerks responded People
Reaching Out to People (PROP), PROP Shop, Eden Prairie Community Foundation, Eden
Prairie Schools Early Childhood Program, Interfaith Circle, and TreeHouse. Some of the
organizations went to their clients and collected experiences from them prior to the
community organization session.
Narayanan inquired how the Commissioners felt about the process. Aman replied he has felt
the process is going in the right direction, but it will continue to be a process of checking in
with the community. He added in regards to the LGBTQ community, he speaks from
experience of not experiencing negative responses within the community. Yerks added the
City annually participates in the Human Rights Campaign. The City receives a municipality
equity index score annually, and Eden Prairie has remained in similar standing with
neighboring communities.
Yerks stated in June 2020 a communitywide survey was conducted via Polco about race and
equity. This was done separate from the initiative, but it has provided additional insight into
community perspectives. There were 812 participants and the data can be disaggregated for
deeper analysis. The demographics mirror the demographics of the community. Perceptions
of experiences of another race sometimes match and sometimes do not. It provides a
snapshot of information.
Nelson inquired if they have access to this type of data. Case added it would be helpful to
have data regarding topics of interest and questions they receive to support the conversations.
Getschow added the survey results are separate pieces of information and can be sent to
Council.
Skeie added in a conversation with a fire fighter they made a comment about how the sticker
for the back of their vehicle made them feel like they could hopefully be perceived as less of
a threat when driving around the Twin Cities. This would have never occurred to him.
Yerks stated in mid-June a draft report will be completed by DeYoung Consulting. In late
June the City Project Team will review the draft report. In mid-July it will be reviewed by
HRDC. Late July the final report will be completed by DeYoung Consulting, and mid-
August or early September the report will be presented to Council.
Karen DeYoung added the perspective of ethnicity came up a lot in the project. Parents of
school-aged children spoke up. The process was based on a model called appreciative
inquiry. This looks at the positive core of the organization. Lastly, there was a discussion on
the metrics and how they plan to measure progress in the future. Anna Peters, with DeYoung
Consulting, added although they weren’t able to interview fire department leadership, they
City Council Workshop Minutes May 18, 2021
Page 5 were able to interview some firefighters. Commission Member Sana Elassar added she
primarily focused on the community liaison role. This will be a continuous process after the
report is delivered.
II. HOMETOWN CELEBRATION
Lotthammer provided an update on the Hometown Celebration Fourth of July event. This
year the Fourth falls on a Sunday. Initial conversations have been about the comfort of
parents and children attending large events. When they thought about the two days leading
up to Fourth of July, they decided on a family-friendly night on Friday at Staring Lake. The
focus will be on smaller fireworks without the large booms. People will be spread out at
stages and there will be food trucks and entertainment. This will be from 6-9:45 p.m. The
Saturday event will also be held at Staring and focused on a “strike up the band” theme from
7-9:30 p.m. This will include entertainment and a time to honor veterans. Allie McIntosh and
Synergy will be the entertainment on the Fourth at Round Lake Park. This will wrap up
around 3 p.m. for those coming in for the performance, fireworks, and food trucks.
Case inquired if there will be booths and tents for people to occupy in the midway.
Lotthammer stated there will be limited booths focused solely on those with direct
involvement to the festivities. Nelson inquired if the City will go back towards offering the
option for booths next year. Case added he would like to see that option return.
Open Podium - Council Chamber (6:30) III. OPEN PODIUM
A. TOM ROBERTS – RIVERVIEW ROAD Tom Roberts, 11015 Bell Oaks Estate Rd, stated there should be a sidewalk on Riverview Road. There are many people who are walking along the road. There is
still an opportunity for a developer to do this. Case responded the Council had this conversation about ten years ago with resident about installing a sidewalk with curb and gutter. Case asked if staff can reach out to Roberts and include Council in on the conversation to educate them
about whether a trail would be assessed.
Roberts inquired if some have paid in for these improvements. Case stated he does not personally know, but the City would have the information. IV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 18, 2021 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, P G Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director
Robert Ellis, Community Development Director Janet
Jeremiah, Parks and Recreation Director Jay Lotthammer, City Planner Julie Klima, 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. All Council Members were present.
II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS Lotthammer explained Items IV.A. and B. are related to forestry and forestry accomplishments. Matt Bourne, Parks-Natural Resources Manager, and Lauren Stufft, Forestry & Natural Resources Specialist, work with our forestry resources every day and are here to give the presentation about Arbor Day and the prestigious Sterling Award. He noted
Ms Stufft has been instrumental in our getting grants and in partnering to get the means to
impact our parks and natural resources. A. ARBOR DAY PROCLAMATION
B. STERLING AWARD FOR TREE CITY USA ACCOMPLISHMENTS Bourne gave a PowerPoint overview of the Tree City USA award program which was started in 1976 by the Arbor Day Foundation as a program designed to provide the framework for communities to manage and expand their public trees. Eden Prairie
has participated in the award since 1982. One of the four requirements to achieve Tree City USA status is to celebrate and proclaim Arbor Day. He reviewed the specific steps Eden Prairie has taken to preserve our trees including two tree care ordinances: the shade Tree Pest Control Ordinance; and the Tree Preservation Ordinance.
CITY COUNCIL MINUTES May 18, 2021
Page 2 Stufft reviewed the progress of the City’s Emerald Ash Borer (EAB) management plan and displayed maps showing steadily increasing infestations of the EAB since
2017 when it was first identified in the City. A total of 758 infested trees were
identified in 2020. She described the City’s destruction wave and management plan for the EAB, which includes chemical treatment, removing affected trees, tree planting to offset removals, and a public outreach and education program. As she explained the treatments for EAB, she noted the goal is to plant 1.5 trees for each tree
removed on City property and public outreach and education.
Bourne stated for the last few years the City has received grants from Hennepin County for purchasing trees, equipment, and the ash tree treatment. A tree fund was established as an option for developers who are not able to meet the tree replacement
requirements in their development. He reviewed the 2021 Arbor Day celebration and
tree sale. Mayor Case read the Arbor Day proclamation proclaiming April 30th, 2021, as Arbor Day in the City of Eden Prairie.
Bourne announced the City has received a Sterling City Award from Tree City USA in recognition of our community having received the Tree City USA Growth Award for ten years. He noted Eden Prairie is only the sixth community in Minnesota to receive this award and the first one since 2016.
Stufft and Bourne presented Mayor Case with the Sterling City Award plaque. Case stated this is a big deal. He and former Mayor Tyra-Lukens helped initiate the tree replacement preservation policy in 1995, a policy that has since been replicated
by many cities across the State. We have begun to see the positive results of our
replacement policy now those trees have become full grown. He noted we believe Eden Prairie to have more trees now than at any time since the Ice Age. Narayanan stated the number of trees in Eden Prairie is constantly growing, even
though trees must sometimes be cut down for development of a property. We don’t
like to see the trees cut down, but we know there will be replacement trees planted to replace them. C. HUMAN RIGHTS AWARDS Getschow explained for the last several years the Human Rights and Diversity
Commission (HRDC) has awarded Human Rights Awards. Megan Yerks, Staff
Liaison, reported the HRDC gives the awards to recognize community members and organizations who do fantastic work in our community Sehan Adan, HRDC Student Commissioner, announced the Individual Award goes
to Joan Howe-Pullis who has demonstrated a deep commitment to building a more
welcoming, inclusive community.
CITY COUNCIL MINUTES May 18, 2021
Page 3 Serena Jain, HRDC Commissioner, presented the Youth Award to Abshir Noor, who has supported his fellow students as they strive to maintain their educational goals
during the COVID crisis.
Sam Griffin, HRDC Commissioner, announced the Non-Profit Award to the Hope Speaks Project which provides a support environment for parents to build relationships with one another, to discuss racism, and to support a strong
multicultural community in Eden Prairie.
Phil Skeie, HRDC Commissioner, presented the Business Award to Southwest Transit Prime MD, which provides non-emergency medical transportation to ensure residents have access to appropriate medical care.
D. ACCEPT DONATION FROM LOCAL RESIDENT TOWARDS SENIOR CENTER UPGRADES (Resolution No. 2021-36) Lotthammer stated staff has developed some concepts and designs on how to upgrade and update the Senior Center. We are fortunate that a local resident heard of our efforts and wanted to support the Senior Center in the hope of inspiring others to give. Staff will continue to keep the individual updated on the project.
Case asked Mr. Lotthammer to pass on the Council’s thanks for the generous gift. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2021-36 accepting the donation in the amount of $25,000 from a local resident to go towards
Senior Center building improvements. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1.
MOTION: Nelson moved, seconded by Toomey, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 4, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 4, 2021
Freiberg said the City Council minutes should be corrected on Page 18, Paragraph 5, Sentence 11, to read “about his decision not being predetermined tonight.” MOTION: Toomey moved, seconded by Narayanan, to approve the minutes of the
Council workshop held Tuesday, May 4, 2021, as published, and the City Council
meeting held Tuesday, May 4, 2021, as amended. Motion carried 5-0.
CITY COUNCIL MINUTES May 18, 2021
Page 4 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST B. APPROVE CONTRACT FOR GOODS AND SERVICES WITH ISPACE ENVIRONMENTS FOR UPGRADES TO EOC STATION 4 TECHNOLOGY
C. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR IMPLEMENTATION OF MOBILEEYES MOBILE FOR FIRE DEPARTMENT D. AWARD CONTRACT TO JOHNSON CONTROLS INC. FOR CITY CENTER BOILERS REPLACEMENT
E. AWARD CONTRACT TO CASTRO CLEANING LLC FOR ANNUAL CLEANING SERVICES AT WATER TREATMENT PLANT
F. AWARD CONTRACT TO NORTHSTAR MUDJACKING FOR 2021 MUDJACKING
G. AWARD CONTRACT TO GMH ASPHALT CORPORATION FOR CUMBERLAND ROAD REHAB H. APPROVE AGREEMENT WITH HTPO FOR ENGINEERING SERVICES FOR REHABILITATING TWO CITY SANITARY SEWER LIFT STATIONS
I. APPROVE AGREEMENT WITH AE2S FOR ENGINEERING SERVICES FOR INSTRUMENTATION AND CONTROLS AT TWO CITY SANITARY SEWER LIFT STATIONS J. AWARD BIDS AND ENTER INTO CONSTRUCTION AGREEMENT WITH BKJ FOR MARTIN DRIVE TRAIL CONSTRUCTION K. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION SERVICES WITH HTPO FOR MARTIN DRIVE SIDEWALK IMPROVEMENTS PROJECT
L. AUTHORIZE LEASE WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALLFIELDS
MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-L on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS
CITY COUNCIL MINUTES May 18, 2021
Page 5 X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS
1. Initiatives to Preserve Miller Spring—Mayor Case Case stated he would like feedback from the Council Members about moving forward with four initiatives that would add further protections to the
Frederick Miller Spring. What prompted his action was the awareness of people’s love of the spring and its role as an entry point for people to come into Eden Prairie. He was also concerned we may not even have thoroughly tested the water enough to provide accurate information on the water quality.
He listed his four recommendations: a. Because of the hydrologic work done by Summit Envirosolutions for the Noble Hill project, along with the hydrologic work done in 2007 for the Prospect Road Bridge project, we have a much clearer idea of the
recharge area that feeds Miller Spring. Based on that, he would like staff to produce their best guess as to the outline of the recharge area for Miller Spring. Once we have the area outlined, we could notify all homes within the recharge area to let them know the rainwater that falls on their lawns percolates down over many years and comes out in Miller Spring.
We could then provide contact information for them to get more information about such things as pesticide use. We now know the Noble Hill project will have no impact on the spring, but we will also identify the homes that do impact the spring.
b. He proposed we do an in-depth water analysis of the Miller Spring water to assure people regarding their concerns about the water quality. We have some minimal knowledge of the water quality but don’t know a lot. This in-depth testing would give us a baseline for future testing, which
could then be done once a year.
CITY COUNCIL MINUTES May 18, 2021
Page 6 c. We should beautify the area around the spring since this is an entry point to our City for many people, perhaps by adding a pavilion, having better
signage, building a concrete structure around the well, and, if possible,
adding more spigots. d. He recently toured the Prairie Bluffs Conservation Area (PBCA) with a concerned resident. The PBCA is approximately 58 acres of public land
that abuts the spring to the east. That bluff land is vulnerable sand bluff
land, and we were lucky to get it saved a few years ago when it was dedicated to the City by the developers. There is an access point to the PBCA with a pavilion, parking spots and a pathway into the area. He showed a photo of an illegal trail into the PBCA that has been worn by
people walking off the legal trail. There are signs posted at certain points
cautioning people not to cross into the vulnerable areas. Yet hundreds of people, including many wedding parties, leave the paved pathway to cross into those areas. Those individuals are crossing illegally and are damaging the bluff. He believed the area should be better signed with
information about the vulnerable prairie plants that are endangered.
During his visit to the PBCA, he observed many bumblebees all over the property, which is very unusual. He thought we need to be serious about protecting this bluff area. The PBCA is also being accessed from Miller Spring by another illegal trail that leads to a campsite with a fire pit at the
top of the hill. The fire pit could cause a fire which would endanger the
spring itself. He suggested we partner with the Friends of the Frederick Miller Spring group to help educate people about the PBCA and what impact bluff erosion would have on the spring and creek. That would help harness the energy of that group who love the spring as we all do.
Case asked for discussion among the Council Members to determine the possibility of asking staff to proceed with the actions he suggested. Freiberg thought it was a great idea. We are dealing with a lot of passion out
there, and a partnership for the common good is a good idea. He was
concerned by the photos of the illegal trails and the illegal fire pit. The whole area is sand and is quite unstable, and no one seems to be paying a lot of attention to what has happened there now. He would support all four of the points outlined by Mayor Case.
Nelson was very concerned about the bluff land because we have taken a lot of care to get the area preserved and do not want it to degrade. She thought we need to add more signs, to put some kind of barrier on the illegal trail, and to get rid of the fire pit. We should have signage showing the correct trail to use to walk safely in the PBCA. There should be warnings about the
lookout area used for photo shoots as that area is in a very vulnerable condition and could be destroyed.
CITY COUNCIL MINUTES May 18, 2021
Page 7 Narayanan agreed with the Mayor’s four points and reiterated all the Council Members love the spring. In addition to the spring, the Council cares about
the whole environment, as we witnessed earlier with the report about our tree
preservation award. Toomey agreed with everything the other Council Members said. She asked about the baseline testing proposed since we already do monthly testing of
the spring water for nitrates and E. coli. Getschow replied we do test for
those two elements but nothing else. Toomey then asked if we would continue to do the monthly testing plus add the yearly testing the Mayor proposed. Getschow responded that is what he understood from the discussion thus far.
Toomey suggested we try to find another area we could designate as a photo spot for weddings or other photo shoots. Case asked Mr. Lotthammer to come back with some thoughts on how the
area could be better policed and better signed and to consider the feasibility
of Council Member Toomey’s idea about a photo spot. Lotthammer said the access point by the gazebo brings one out onto the hard surface trail put in to allow people to enjoy the conservation area. He
displayed a map of the PBCA showing trails. He noted the map shows the
signs that are posted in the area now, including a barricade sign that is not very park-like. People are still walking outside of the designated area. There is a place that would be a great alternative for pictures that is signed and is located along the access trail. He noted people are bringing couches and
oversized props for extensive photo shoots.
Case asked if we have the correct laws to force people to comply. Lotthammer replied we do have the laws and all of the participants including the photographer would be considered trespassing. Case suggested we might
have a system where we give a first warning and make them move to the
proper area. We could then penalize the photographer if that person returned. Lotthammer responded two years ago we did an extensive internet search and contacted all photographers who advertised this location to let them know it was illegal. That seemed to help a little, but the activity persists and not just
for wedding shoots.
Case noted there are Indian burial mounds in that area, so they are walking in places where they cannot be. He thought we need to tamp down on this activity for a while and spread the word we are ticketing violators in this area. He also thought we need to have a police presence more often in the
campfire area. He believed we have consensus on the Council and asked Mr. Getschow to discuss this in a staff meeting and to bring back an update and information on any barriers there might be to taking some action on the four
CITY COUNCIL MINUTES May 18, 2021
Page 8 points presented about the spring and the conservation area.
Narayanan asked if our current signage mentions a fine or just states the area
is not open to the public. Lotthammer replied one of the signs says violators will be prosecuted. We also have a sign giving park hours and park rules. Case stated we need some additional compliance work and possibly some
educational signage regarding the vulnerable prairie land and the fact it is the
location of burial grounds for indigenous people. We need the education piece as well as the enforcement piece with fines or tickets. Nelson wanted to get rid of the fire pit because a fire could cause lots of
harm to the grasses and possibly to people’s homes. That is a dangerous
situation. Case stated he also wanted to respond to the question posed at the meeting two weeks ago about why the City didn’t just buy the land. At this point, we
have purchased 4200 acres for the City. He calculated the 28-acre Noble Hill
property would have cost $5,000,000, which is more than the cost of the much larger Richard T. Anderson Conservation Area. In addition, we are getting eight acres of the Noble Hill development for free. If we had purchased all of the Noble Hill property, we would have lost potential tax
revenue of about $6,000,000 over the next 20-30 years in addition to the cost
to purchase the property. That would make it by far the most expensive land we ever purchased to acquire only 20 more acres, when we have just discussed 15 acres next to it that does need to be protected. He wanted the residents of Eden Prairie to know the Council Members did their due
diligence and made the best decision while also protecting the spring and the
creek. 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
1. Presentation of the 2020 Annual Report Chief Weber gave a PowerPoint presentation of the 2020 Annual Report. The Police Department publishes the annual report in the spring based on
information about the activities in the department the previous year. Statutory
requirements require crime data and other statistics be submitted to the State
CITY COUNCIL MINUTES May 18, 2021
Page 9 and Federal government. Over the last year we have learned our society has a strong desire to see transparency in policing. Our community views the
Police Department not only as law enforcement, but also as public servants.
He reviewed the 2020 statistics compared to 2019. As part of their transparency efforts, the Police Department published their policy manual on the website. He reviewed the statistics on their activities beyond law enforcement that help to build trust in the community, including 2250
medical calls, public assists, lockouts, mental health calls, school assists,
community speaking engagements, directed patrols and others. He noted they have tried to increase their use of social media to provide information and to interact with people in the community.
Case observed we are all so proud of our Police Officers and Chief Weber.
Getschow explained this is the Chief’s last meeting because he is retiring. He will be missed for his work in the department and in the community.
G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS
XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:23 p.m.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Gambling/Bingo Permit Organization: Women of Song Place: Fat Pants Brewing Co 8335 Crystal View Road
Dates: 7/29/2021, 8/26/2021, 9/30/2021, 10/28/2021
Raffle Permit Organization: Eden Prairie Ducks Unlimited
Place: Fat Pants Brewery
8335 Crystal View Road Date: June 21, 2021
Temporary On-Sale Liquor License
Organization: Eden Prairie Lions Club Event: Board & Commission Banquet Date: July 15, 2021 Place: Garden Room of Eden Prairie
8080 Mitchell Road
New On-Sale & Sunday Liquor License Licensee name: Sonesta International Hotels Corporation
DBA: Sonesta Select Minneapolis
Location: 11391 Viking Drive (Formerly Courtyard Management Corporation / Courtyard by Marriott)
Approval is contingent upon passing final inspections and receiving approval by MN Department of Public Safety – Alcohol & Gambling Enforcement and Hennepin County Health Amendment to Liquor License – 2AM Closing Permit - Renewal Licensee Name: American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18
8251 Flying Cloud Drive, #4000
Requested Action
Move to: Approve quote and authorize Xigent Solutions, LLC for Cisco UCS blades refresh at City Hall for $93,456.69.
Synopsis Our current Cisco UCS environment was setup in 2015 and needs a refresh. We host about 50 virtual servers in our VM environment. VMware and UCS environment will be upgraded and
new blades installed in our production environment during this upgrade.
We have worked with Xigent Solutions, LLC on various upgrades to the datacenter over the last 5 years. The vendor has provided a quote for this work under State Contract 147097 for $85,263.99 for hardware including 5-year maintenance. Implementation services are estimated to
be $7,800.
We recommend moving forward with this upgrade to ensure we continue to maintain a reliable, available and efficient infrastructure in order to support the city’s day to day technology functions.
Attachment
Xigent quote for software upgrade, UCS blade refresh, and implementation services.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Upgrade Cisco UCS Blades
ITEM NO.:
VIII.B.
Contract for Goods and Services
This Contract (“Contract”) is made on the 24th day of May, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Xigent Solutions, LLC, a Minnesota company (hereinafter "Xigent") whose business address is 1650 West End Blvd., Suite 100, Minneapolis, MN 55416.
.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of Xigent to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose of
this Contract is to set forth the terms and conditions for the provision of goods and/or services by Xigent for Purchase and Implementation of new Servers hereinafter referred to as the "Work". The City and Xigent agree as follows:
1. Scope of Work. Xigent agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A (EXHIBIT A - City of Eden Prairie - Blade Refresh (5 Years) #11943 v2) and Exhibit B (EXHIBIT B - City of Eden Prairie - UCS Blade Implementation Services #11501 v1). Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A or Exhibit
B are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by Xigent Solutions, LLC.
3. Compensation for Services. City agrees to pay Xigent a fixed sum as noted in the Xigent quote as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A and Exhibit B. 4. Method of Payment. Xigent shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. Xigent has designated Heidi Oliver to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with
the terms established herein. Xigent may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Xigent 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.
Standard Purchasing Contract 2017 06 01 Page 2 of 6
7. Insurance. a. General Liability. Xigent shall maintain a general liability insurance policy with limits
of at least $1,000,000.00 for each person, and each occurrence, for both personal injury
and property damage. Xigent shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Xigent shall secure and maintain such insurance as will protect Xigent 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
Xigent’s services under this Contract. c. Comprehensive Automobile Liability. Xigent shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Xigent 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 Xigent, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed
or taken by Xigent, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Xigent harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Limitations of Liability. IN NO EVENT WILL XIGENT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, DELAY IN COMPLETION OR DELIVERY OF THE SERVICES, LOST PROFITS OR GOODWILL. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
XIGENT’S MAXIMUM LIABILITY TO CLIENT ARISING FROM OR IN RELATION TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE INSURANCE REQUIRED BY THIS AGREEMENT. THE PARTIES AGREE THAT THE DISCLAIMERS, REMEDIES AND LIMITATIONS IN THIS AGREEMENT ARE REASONABLE IN LIGHT OF THE
NATURE OF THE SERVICES, PRICING, AND RELATIONSHIP BETWEEN THE PARTIES AND CONSTITUTE A NEGOTIATED AND AGREED UPON ALLOCATION OF RISK. 10. Warranty. Xigent 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.
11. Limited Warranties and Representations.
Standard Purchasing Contract 2017 06 01 Page 3 of 6
a. By Xigent. Xigent warrants and represents that it will provide the Equipment and perform the Services in a manner consistent with the terms of this Agreement.
b. By City. City warrants and represents that it has the full right, power, authority or permission to arrange for and authorize the performance of the Services and to agree to its obligations with respect to the Equipment consistent with the terms of this Agreement.
c. No Other Warranties. OTHER THAN THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT, THE PARTIES MAKE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THIS AGREEMENT, ANY SOW, THE EQUIPMENT, OR THE SERVICES. ALL OTHER WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THAT PARTICULAR RESULTS WILL BE OBTAINED ARE
EXPRESSLY WAIVED AND DISCLAIMED.
d. Remedy for Breach of Performance of Services. City shall notify Xigent in writing within thirty (30) days of City knowing or reasonably believing that the Services performed are nonconforming or defective otherwise such claim is waived. City shall take all reasonable action to mitigate damages and provide Xigent a reasonable opportunity to cure any
nonconformance or defects in Services. Any other claims by City that related to the Services must be delivered in writing to Xigent within one (1) year from the date such Services were completed or such claim is waived.
12. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of Xigent, Xigent shall be paid for services rendered until the
effective date of termination.
13. Independent Contractor. At all times and for all purposes herein, Xigent is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Xigent an employee of the City.
14. Subcontract or Assignment. Xigent shall not subcontract any part of the services to be provided under this Contract; nor may Xigent assign this Contract, or any interest arising herein, without the prior written consent of the City.
15. Services Not Provided For. No claim for services furnished by Xigent not specifically
provided for in Exhibit A shall be honored by the City.
Standard Purchasing Contract 2017 06 01 Page 4 of 6
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, Xigent shall
abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to
be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Xigent shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Xigent agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Xigent prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. Xigent 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, Xigent shall not discriminate against any employee or applicants for employment because of race, color, creed, religion,
Standard Purchasing Contract 2017 06 01 Page 5 of 6
national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Xigent 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. Xigent 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. Xigent further agrees to comply with all
aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of
the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an
officer of the party, or if mailed in a sealed wrapper by United States registered or certified
mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business
day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by Xigent 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 Xigent 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 Xigent 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 Xigent 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
Standard Purchasing Contract 2017 06 01 Page 6 of 6
Xigent shall comply with those requirements as if it were a government entity. All subcontracts entered into by Xigent 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 XIGENT
By: ________________________________ Its: _______________________________
EXHIBIT A - City of Eden Prairie - Blade
Refresh (5 Years)
Quote # 011943
Version 2
Prepared for:
City of Eden Prairie
Aditi Salunke
asalunke@edenprairie.org
Expiration Date: 05/30/2021
Contract Number - State Contract: 147097
17200 Medina Road
Suite 800
Plymouth, MN 55447
www.xigentsolutions.com
800-298-9543
Hardware/Maintenance
Manufacturer Part
Number
Product Description Qty List Each % Off
List
Price Each Ext. Price
UCSB-B200-M5-U UCS B200 M5 Blade w/o CPU, mem, HDD,
mezz (UPG)
3 $3,462.08 60.36
6
$1,372.17 $4,116.51
CON-SSSNP-
BB200M5U
SOLN SUPP 24X7X4 UCS B200 M5 Blade w/o
CPU, mem, HDD, mezz (
15 $748.00 20 $598.40 $8,976.00
60 months of Solution Support (24x7x4) per UCS B200 M5 Blade Server
UCS-MR-X64G2RT-H 64GB DDR4-2933-MHz RDIMM/2Rx4/1.2v 36 $3,894.58 60.36
6
$1,543.59 $55,569.24
UCSB-MLOM-40G-
03
Cisco UCS VIC 1340 modular LOM for blade
servers
3 $1,504.25 60.36
6
$596.20 $1,788.60
UCS-SD-64G-S 64GB SD Card for UCS Servers 6 $365.27 60.36
6
$144.77 $868.62
N20-FW017 UCS 5108 Blade Chassis FW Package 4.1 3 $0.00 0 $0.00 $0.00
UCS-SID-INFR-UNK Unknown 3 $0.00 0 $0.00 $0.00
UCS-SID-WKL-UNK Unknown 3 $0.00 0 $0.00 $0.00
UCSB-LSTOR-BK FlexStorage blanking panels w/o controller,
w/o drive bays
6 $0.00 0 $0.00 $0.00
UCS-MSTOR-SD Mini Storage Carrier for SD (holds up to 2)3 $0.00 0 $0.00 $0.00
UCSB-HS-M5-R CPU Heat Sink for UCS B-Series M5 CPU
socket (Rear)
3 $0.00 0 $0.00 $0.00
UCS-DIMM-BLK UCS DIMM Blanks 36 $0.00 0 $0.00 $0.00
UCSB-HS-M5-F CPU Heat Sink for UCS B-Series M5 CPU
socket (Front)
3 $0.00 0 $0.00 $0.00
UCS-CPU-I5218 Intel 5218 2.3GHz/125W 16C/22MB DCP
DDR4 2666MHz
6 $4,741.54 60.36
6
$1,879.27 $11,275.62
DC-MGT-SAAS Cisco Intersight SaaS - 60 Months 1 $0.00 0 $0.00 $0.00
DC-MGT-SAAS-EST-
C
Cisco Intersight SaaS - Essentials - 60 Months 3 $959.40 7.255 $889.80 $2,669.40
DC-MGT-IMCS-1S IMC Supervisor - Advanced - 1 Server License
- 60 Months
3 $0.00 0 $0.00 $0.00
DC-MGT-UCSC-1S UCS Central Per Server - 1 Server License - 60
Months
3 $0.00 0 $0.00 $0.00
SVS-DCM-SUPT-BAS Basic Support for DCM - 60 Months 3 $0.00 0 $0.00 $0.00
Cisco Intersight SaaS Details:Initial Term - 60.00 Months | Auto Renewal Term - 12 Months | Billing Model - Prepaid Term | Requested Start Date - 03-May-
Page: 2 of 4Quote #011943 v2
17200 Medina Road
Suite 800
Plymouth, MN 55447
www.xigentsolutions.com
800-298-9543
2021 | Requested End Date - 02-May-2026
Subtotal:$85,263.99
Page: 3 of 4Quote #011943 v2
17200 Medina Road
Suite 800
Plymouth, MN 55447
www.xigentsolutions.com
800-298-9543
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Aditi Salunke
(952) 949-8520
asalunke@edenprairie.org
City of Eden Prairie
Andrew Schmelzle
651-495-5787
andrew.schmelzle@xigentsolutions.com
Xigent Solutions, LLC
Prepared by:Prepared for:Quote Information:
Quote #: 011943
Version: 2
Delivery Date: 05/24/2021
Expiration Date: 05/30/2021
EXHIBIT A - City of Eden Prairie - Blade Refresh (5 Years)
Description Amount
Quote Summary
Hardware/Maintenance $85,263.99
Total:$85,263.99
Signature:
Name:Aditi Salunke
Date:
City of Eden Prairie
Page: 4 of 4Quote #011943 v2
EXHIBIT B - City of Eden Prairie - UCS Blade
Implementation Services
Agreement # 011501Version 1
Prepared for:
City of Eden Prairie
Aditi Salunkeasalunke@edenprairie.org
Expiration Date: 05/30/2021
Contract Number -
17200 Medina Road
Suite 800
Plymouth, MN 55447
www.xigentsolutions.com
800-298-9543
Executive Summary
Professional Services Agreement
This Professional Services Statement of Work (hereafter “SOW”) sets forth the terms and conditions under
which “City of Eden Prairie” (hereafter “Client”) has engaged Xigent Solutions, LLC (hereafter “Xigent”) to
provide UCS Blade Implementation services (hereafter “Services”) in support of Client’s desired business
outcomes. Xigent, through its employees or other agents, shall provide to Client the Services described
below.
Project Summary & Scope
Project Scope
1.1 UCS Blade Implantation and Software Upgrades
Xigent will provide solution design and will assist the Client in upgrading the software in their VMware &
UCS environment as well as installing new blades in their production cluster.
1.1.1 Software Upgrades: The VMware & UCS Software Upgrades will include upgrading the following components:
Upgrade to VMware vCenter 6.7 in Prod & DR sites. (2, vCenters)
Upgrade VMware ESXi to 6.7 in Prod & DR sites. (Up to 8 hosts)
Upgrade UCS firmware to latest starred in Prod site. (2 step upgrade)
o Frist upgrade to 3.2(8)
o Second upgrade to latest 4.1 starred
The Upgrade will include a pre-upgrade review of the environment to ensure upgrade readiness.
1.1.2 Blade installation
The Blade installation includes UCS profile configuration, vSphere installation, and vCenter
integration for 3 UCS blades servers. Servers will be integrated into the Client’s existing vCenter server. Xigent will demonstrate and assist Client with the migration of VMs from old to new blades.
1.2 Deliverables
The following deliverables will be provided:
UCS Firmware Upgrade
o UCS firmware upgraded to 4.1.x for 1 UCS domain with 4 hosts
vSphere Upgrade
o vCenter upgraded to 6.7.x for 2 servers
o ESXi upgraded to 6.7 for up to 8 servers
Page: 2 of 6Agreement #011501 v1
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
17200 Medina Road
Suite 800
Plymouth, MN 55447
www.xigentsolutions.com
800-298-9543
Blade Installation
o 3 new blades installed, configured, and implemented into existing vCenter server
1.3 Client Success/Project Management
The Xigent Client Success Manager (CSM) will provide the following services:
Manage and allocate resources based on mutually agreeable project timeline.
Facilitate and drive an Xigent internal project kickoff and review meeting with all Xigent resources
that play a role in the execution of this engagement.
Facilitate and drive a project kickoff and review meeting with all Client and Xigent resources that play
a role in the execution of this engagement.
Perform project status meetings and/or updates with the Client during the engagement as mutually agreed.
Coordinate project set-up, task delivery, documentation, and project closure.
Engage with Client and Xigent resources in a project closure meeting to confirm and document successful delivery of services defined.
Xigent Responsibilities
Complete the work and provide the deliverables defined within this SOW.
Provide qualified, and where specifically required, certified professional(s) to perform the work and
serve as a ‘trusted advisor’ to Client.
Communicate with Client in a timely manner.
Keep Client informed of project status, including scope, timeline, and costs.
Identify and seek timely resolution to issues in order to maintain the schedule and timelines.
Xigent is not responsible or liable for lost data.
Client Responsibilities
Perform backups of all systems affected by Services performed in this SOW.
Provide all hardware and/or software and licensing required outside of the Services provided,
including ensuring that all wiring, hardware, and software required to perform the Services are in
working order.
Provide at least one (1) technical contact with system administration responsibilities and appropriate levels of access privileges to systems and information.
Respond to Xigent requests that Client resources work on issues and tasks not directly stated in this SOW but have a direct impact on the successful completion of tasks related to the service provided.
Rack and stack all hardware.
Service Change Requests
Service Change Requests (SCR) are utilized when Client requests any changes to the scope of Services
described in this SOW. The CSM will complete the SCR, outlining the change in Services along with any
changes in fees and time required for completion. If Client approves the SCR, the CSM will schedule the
Page: 3 of 6Agreement #011501 v1
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
17200 Medina Road
Suite 800
Plymouth, MN 55447
www.xigentsolutions.com
800-298-9543
resources necessary to implement the requested change in Services.
Out of Scope
Xigent is responsible to perform only the Services described in this SOW unless mutually agreed upon and
defined in a Service Change Request.
Schedule, Timeline, and Location
Service delivery will be scheduled following execution of Xigent’s Master Services Agreement and this SOW. Scheduled dates for meetings and deliverables will be mutually agreed upon by Client and Xigent. All scheduled work will be conducted during normal business hours (Monday through Friday, between 8 AM and 5 PM CST), unless otherwise agreed upon by Client and Xigent.
The Services described in this SOW will be performed remotely.
Assumptions
Xigent has made certain assumptions while specifying the Services detailed in this SOW. By executing this
SOW, Client understands and agrees to the assumptions outlined below:
Documentation is limited to what is outlined in the Project Summary and Scope section of this
document. Any additional documentation will be considered a change in scope and, as such, will
require a SCR.
Client resources will be available per the agreed upon schedule.
Any Client documentation provided is accurate and approved.
Professional Services Estimate
Services Qty Price Ext. Price
Professional Services 39 $200.00 $7,800.00
Page: 4 of 6Agreement #011501 v1
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
17200 Medina Road
Suite 800
Plymouth, MN 55447
www.xigentsolutions.com
800-298-9543
Terms & Conditions
Fees & Invoicing
The Services outlined in this SOW will be provided on a time and materials basis. The total estimated effort and fees are listed in the table below. These are estimates only and include time for preparation, delivery, documentation, project management, and travel.
Xigent shall invoice Client monthly and at project completion for all Services and applicable travel costs. Client shall remit payment for invoices within (30) days.
Travel will be billed at $100/hour. Incidental expenses incurred by Xigent will be billed at actual.
Cancellation and Termination
In the absence of a breach by Xigent of Xigent’s obligations, if Client cancels the Service or if Xigent
terminates due to breach by Client, Xigent is authorized to invoice, and Client shall pay Xigent fees for Services performed through the date of cancellation.
SOW Acceptance
This SOW and the Master Services Agreement constitute the agreement between Xigent and Client regarding its subject matter, and supersede all prior oral or written proposals, agreements, representations and other communications between the parties with respect to the services and shall prevail notwithstanding any different, conflicting or additional terms and conditions which may appear on any order
or other document submitted by Client.
IN WITNESS WHEREOF, the parties have caused this SOW to be signed on the respective dates indicated
below.
The parties hereby acknowledge that they have read and do understand this SOW, the Master Service
Agreement, and all attachments hereto, and agree to all terms and conditions stated herein.
Page: 5 of 6Agreement #011501 v1
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
17200 Medina Road
Suite 800
Plymouth, MN 55447
www.xigentsolutions.com
800-298-9543
8080 Mitchell RoadEden Prairie, MN 55344-4485Aditi Salunke(952) 949-8520asalunke@edenprairie.org
City of Eden Prairie
Prepared for:Quote Information:
Quote #: 011501
Version: 1Delivery Date: 04/30/2021Expiration Date: 05/30/2021
Description Amount
One-Time Fees
Professional Services Estimate $7,800.00
Total:$7,800.00
Xigent Solutions, LLC
Signature:
Name:Aditi Salunke
Date:
PO Number:
Signature:
Name:Heidi Oliver
Title:Client Success Manager
Date:04/30/2021
City of Eden Prairie
Page: 6 of 6Agreement #011501 v1
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Rick Getschow, City Manager
ITEM DESCRIPTION:
Resolution approving participation in the Performance Measurement Program established by the Council on Local Results and Innovation
ITEM NO.:
VIII.C.
Requested Action
Move to: Adopt the resolution approving participation in the performance measurement program established by the Council on Local Results and Innovation. Synopsis
The City of Eden Prairie has already implemented the required 10 measures with the majority of them coming from the Quality of Life Survey. This resolution is a formality to adopt the measures and approve using results we already have for a state program in order to receive financial benefit.
Background In February 2012, the Council on Local Results and Innovation created a voluntary performance measurement program. Requirements of the program include officially adopting and
implementing the ten minimum performance measures, reporting the results to the residents
through at least one of the following means: publication, direct mailing, posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed, and submission of the resolution and results to the Office of the State Auditor.
Benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita
annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to use the funds to support participation in the ICMA Insights performance management and analytics program. This will help staff to advance our current goals and results performance measures increasing transparency.
Attachments Resolution Performance Measurement Report Submittal
List of Standard Measures for Cities
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-__ RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL
RESULTS AND INNOVATION
WHEREAS, the Council on Local Results and Innovation established by the Minnesota
Legislature has implemented a voluntary performance measurement and reporting program; and
WHEREAS, benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect; and
WHEREAS, the Council on Local Innovations and Results has established a standard set of measures for cities to adopt and report; and WHEREAS, the City has adopted and implemented at least 10 of the measures in order to satisfy
the program’s requirements.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie will report any updates of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city’s/county’s website, or through a public
hearing at which the budget and levy will be discussed and public input allowed.
BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City.
ADOPTED by the Eden Prairie City Council on the 15th day of June, 2021.
_________________________
Ronald A. Case, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
Performance Measurement Program Report
City of Eden Prairie
6/15/2021
General
Measure Result Notes
Rating of the overall quality of
Eden Prairie services
Excellent- 39%
Good- 50%
Fair- 7%
Poor- 1%
Don’t Know- 4%
2020 Quality of Life Survey-
1334 Reponses
Citizens’ rating of the overall
appearance of the city
Excellent- 52%
Good- 41%
Fair- 6%
Poor- 1%
Don’t Know- 0%
2020 Quality of Life Survey-
1358 Responses
Bond Rating Aaa
AAA
Moody’s Investors Service
Standard & Poor’s Rating
Services
Citizens’ rating of the quality of city
recreational programs and facilities
Recreation services (programs
and classes)
Excellent- 43%
Good- 36%
Fair- 7%
Poor- 1%
Don’t Know- 13%
Recreation centers or facilities
Excellent- 46%
Good- 36%
Fair- 7%
Poor- 1%
Don’t Know- 10%
2020 Quality of Life Survey-
Recreation services
1343 responses
2020 Quality of Life Survey-
Recreation centers or
facilities
1347 responses
Police Services
Measure Result Notes
Citizens’ rating of safety in
community (Overall feeling of
safety in Eden Prairie)
Excellent- 49%
Good- 43%
Fair- 7%
Poor- 1%
Don’t Know- 0%
2020 Quality of Life Survey-
1365 responses
Fire & EMS Services
Measure Result Notes
Citizens’ rating of the quality of
fire protection services
Excellent- 50%
Good- 27%
Fair- 2%
Poor- 0%
Don’t Know- 21%
2020 Quality of Life Survey-
1356 responses
Streets
Measure Result Notes
Citizens’ rating of the quality of
city streets as a whole
Excellent- 29%
Good- 58%
Fair- 12%
Poor- 1%
Don’t Know- 0%
2020 Quality of Life Survey-
1351 responses
Citizens’ rating of the quality of
snow removal on city streets
Excellent- 45%
Good- 38%
Fair- 12%
Poor- 4%
Don’t Know- 1%
2020 Quality of Life Survey-
1353 responses
Water
Measure Result Notes
Citizens’ rating of the quality of
the city’s drinking water
Excellent- 42%
Good- 40%
Fair- 11%
Poor- 4%
Don’t Know- 3%
2020 Quality of Life Survey-
1348 responses
Sanitary Sewer
Measure Result Notes
Citizens’ rating of the quality of
water and sewer services
Excellent- 34%
Good- 45%
Fair- 7%
Poor- 1%
Don’t Know- 12%
2020 Quality of Life Survey-
1340 responses
General Police Services Fire& EMS Services Streets Water Sanitary Sewer Standard Measures for Cities 1. Rating of the overall quality of services provided by your city (survey data, provide 'Example of responses: excellent, good, fair, poor year completed and total responses) 2. 3. 4.* S.* 6.* 7. Percent change in the taxable property market value Citizens' rating of the overall appearance of the city (survey data, provide year completed and total responses) Nuisance code enforcement cases per 1,000 population Number of library visits per 1,000 population Bond rating Citizens' rating of the quality of city recreational programs and facilities (survey data, provide year completed and total responses) 8. * I Accuracy of post election audit(% of ballots counted accurately) 9. I Part I and II Crime Rates 10. • I Part I and II Crime Clearance Rates County assessor's office data Example of responses: excellent, good, fair, poor (Number of cases I Population) x 1,000 =cases per 1,000 population (Number of visits/ Population) x 1,000 =visits per 1,000 population Standard & Poor's Ratings Services or Moody's Investor Services Example of responses: excellent, good, fair, poor Submit data as reported by the Minnesota Bureau of Criminal Apprehension Submit data as reported bv the Minnesota Bureau of Criminal Apprehension 11. Citizens' rating of safety in their community (survey data, provide year completed I Example of responses: very safe, somewhat safe, neither safe nor unsafe, somewhat and total responses) unsafe, very unsafe 12. Averal!e police response time !Average time it takes to respond to top pri_()rity calls fr()m dispatch to officer on scene. 13. I Insurance industry rating of fire services Insurance Service Office (ISO) Rating. The ISO issues ratings to fire departments throughout the country for the effectiveness of their fire protection services and equipment. ISO analyzes data and then assigns a classification from 1to10. Class 1 represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. 14. Citizens' rating of the quality of fire protection services (survey data, provide year 'Example of responses: excellent, good, fair, poor completed and total responses) 15. !Average fire response time 16.* I Fire calls per 1,000 population 17. * I Number of fires with loss resulting in investigation 18.* IEMScallsperl,OOOpopulation 19. I Emergency Medical Services average response time 20. !Average city street pavement condition rating Average time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire (Number of calls I population) x 1,000 =calls per 1,000 population (Number of calls I population) x 1,000 =calls per 1,000 population Average time it take~ from dispatch to arrival of EMS Provide average rating and the rating system program/type. Example, 70rating on the Pavement Condition Index (PCI). 21. Citizens' rating of the road conditions in their city (survey data, provide year I Example of responses: excellent, good, fair, poor. Alternatively: good condition, mostly completed and total responses) good condition, many bad spots 22.* 23.* 24.* 25. 26. Expenditures for road rehabilitation per paved lane mile rehabilitated (jurisdiction !Total cost for rehabilitations/ lane miles rehabilitated onlvroads) Percentage of all jurisdiction lane miles rehabilitated in the year jLane miles rehabilita_ted in year I total number of lane miles Average hours to complete r<>_ad system during snow event Citizens' rating of the quality of snowplowing on city streets (survey data, provide 'Example of responses: excellent, good, fair, poor Citizens' rating of the dependability and quality of the city water supply (survey data, provide y~r completecl_and total responses) Example of responses: excellent, good, fair, poor 27. I Operating cost per 1,000,000gallons of water pumped/produced Centrally provided system: (actual operating expense for water utility I (total gallons pumped/ 1,000,000)) =cost per million 28. Citizens' rating of the depend,ability and quality of city sanitary sewer service (Provide year completed and total responses) 29'. !Number of sewer blockages C>n city syst;fi!'per 100 connection~ Example of responses: excellent, good, fair, poor Centrally provided system: (Number of blockages I number of connections) x 100 = blockages per 100 connections'. *New or amended measure
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Fire Chief Scott Gerber
ITEM DESCRIPTION: Approve Purchase of Cameras from VTI Security for Fire Stations 2, 3, and 4 Camera Upgrade Project.
ITEM NO.:
VIII.D.
Requested Action Move to: Approve Contract for Goods and Services with VTI Security for Fire Stations 2,
3, and 4 Camera Upgrade Project. Synopsis The Fire Department handles contracting for a variety of services related to the installation of
products for safety and security of City buildings. The Fire Department recommends accepting the quotations from VTI Security in the amount of $73,334.16 to upgrade cameras at Fire Stations 2, 3, and 4. These cameras are being purchased off of a contract procured by State of Minnesota Department of Administration cooperative purchasing venture, as permitted by Minn. Stat. § 471.345, subd. 15. The list of equipment and installation services being provided by VTI is
identified in its quotations, which are attached as exhibits to the City’s standard contract for goods and services. This upgrade will replace old analog cameras with new IP cameras for better security, risk management, increased safety, and loss prevention. The new cameras will provide a better overall view of the buildings outside. Funding will come from CIP fund.
Xtreme Integration has proposed to install the cabling necessary for the project at a cost of $10,513. This proposal will be presented to the City Manager at a later date for approval under his statutory authority. Attachments Contract for Goods and Services Exhibit A – Quotation for Fire Station 2 Exhibit B – Quotation for Fire Station 3 Exhibit C – Quotation for Fire Station 4
Contract for Goods and Services
This Contract (“Contract”) is made on the 15th day of June, 2021, between the City of Eden Prairie, Minnesota, a Minnesota municipal corporation (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and VideoTronix, Incorporated, a
Minnesota corporation, d/b/a VTI Security (hereinafter "Vendor") whose business address is 401
West Travelers Trail, Burnsville, MN 55337. . Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Camera upgrades at Fire Stations 2, 3, and 4 with associated parts hereinafter
referred to as the "Work".
The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of
the Work in accordance with attached Exhibits A, B and C. Any general or specific
conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibits A, B and C are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or
completed by October 29th, 2021. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of Seventy Three Thousand Three Hundred Thirty Four and 16/100 Dollars ($73,334.16) plus any applicable
taxes as full and complete payment for the goods, materials and/or services rendered pursuant
to this Contract and as described in Exhibits A, B and C. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
5. Staffing. The Vendor has designated VTI to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without
the approval of the City.
Page 2 of 5
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both
personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of
Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken
or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
Page 3 of 5
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
Page 4 of 5
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not
specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination
Page 5 of 5
by the City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a
government entity. All subcontracts entered into by Vendor in relation to this Contract
shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
Executed on this 15th day of June, 2021
CITY OF EDEN PRAIRIE
___________________________________ Mayor
___________________________________ City Manager
VIDEOTRONIX, INCORPORATED, D.B.A VTI SECURITY By: ________________________________
Its: _______________________________
QUOTATION: 141731 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN
BUYER:___________________________
(Print Name)
BUYER SIGNATURE:___________________________
DATE:_______________________
Printed on 6/1/2021 Page 1 of 2
BILL TO: JOB LOCATION:
COMPANY: City of Eden Prairie COMPANY: City of Eden Prairie - Fire Station 2 DATE: June 1, 2021
ADDRESS: ADDRESS: 12100 Sunnybrook Road SALES REP: Ralph Michels
PHONE: (952)210-7637 EXT
, Eden Prairie, MN 55347-2707 EMAIL: ralph.michels@vtisecurity.com
CONTACT: CONTACT:
PHONE: PHONE: (952)949-8368
TITLE:
City of Eden Prairie Fire Station #2 6-1-2021 Rev 2
SCOPE OF WORK:
VTI Quote is based on MN State contract equipment discounts off of MSRP. VTI quoted labor rates are lower than state of MN contract rates. Consulting and site visit labor hours are included at no cost on this quote.
Fire Station 2
Install 3 new exterior Panasonic 4K Multi-Sensor cameras on the exterior of the building. One camera on three corners of the
building. Install one owner provided fixed 1080P camera on the corner to view the patio and water tank area. Install PoE surge protection module for each exterior camera.
Install 2 new interior Panasonic 2MP Multi-Sensor cameras in the interior of the fire station as shown on the floor plan. Mount the north interior 2MP MS camera from the ceiling bar joist on the north side. Mount the south interior 2MP MS camera from the wall.
Provide 6 Genetec upgrade licenses to convert from Analog to IP cameras. Camera will be programmed into the City Hall Genetec Directory and Archiver server. Notes:
1.Days of storage will be reduced by replacing fixed analog cameras with multi-sensor cameras to the City Hall system.2.New Panasonic multi-sensor cameras are compatible with Genetec Security Center Rev 5.10.1
City of Eden Prairie to provide/install for the project: 1.Man lift for camera installation.2.PoE Network switch port for each camera. (30Watt budget for each port).3.IP addresses for cameras.4.CAT6 cable to each camera location.
5.Ground cable for surge protection devices connected to building steel.6.Removal of coaxial cable and /18/2 camera power cable.7.Threaded pipe 1 -1/2” installed in the interior bay to hang the multi-sensor camera from the bar joist. Owner/Xtreme
to coordinate with VTI prior to pipe installation.
8.Provide WV-S2531LN camera and PWM485S wall mount kit for exterior fixed camera location.
PART NUMBER PART DESCRIPTION QTY UNIT PRICE TOTAL PRICE
WV-X8571N Camera, Outdoor Vandal, 4x4K, 33MP MSRP $3,532.41 - 15% off of MSRP 3.00 $3,002.55 $9,007.65
WV-S8531N Camera, Outdoor Vandal, 8MP MSRP $2,471.06 - 15% off of MSRP 2.00 $2,364.78 $4,729.56
EXHIBIT A
QUOTATION: 141731 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN
BUYER:___________________________ (Print Name)
BUYER SIGNATURE:___________________________
DATE:_______________________
Printed on 6/1/2021
Page 2 of 2
PACA4GR Corner Mount Adapter, Grey MSRP $148.00 - 15% off of MSRP 3.00 $126.00 $378.00
WV-QCL101-W Pendant Mount Bracket, 1 Part, White MSRP $131.04 - 15% off of MSRP 1.00 $111.38 $111.38
PS781 Pendant Shroud for 4K MSRP $82.00 - 15% off of MSRP 1.00 $69.70 $69.70
PWM485S Outdoor Wall Mount Bracket MSRP - 15% off of MSRP 1.00 $100.30 $100.30
DTK-MRJPOE Power Over Ethernet Surge Protection - RJ45 Conn 4.00 $71.78 $287.12
SCE-8N804LP Enclosure, 8x8x4 - NEMA 1 4.00 $41.15 $164.60
SCE-8N8MPP Subpanel, Flat Perforated, 6x6x0.06 - NEMA N/A 4.00 $11.02 $44.08
CAT6010 10ft Network Patch Cable, Black, Cat6 4.00 $4.37 $17.48
CAT6005 Network Jumper, Cat6, 5 Foot, Black Jacket 6.00 $2.64 $15.84
GSC-OM-E-1PAC-UP Upgrade 1 Analog Camera Connection to IP Camera Connection MSRP $75.00 - 15% off of MSRP 6.00 $63.75 $382.50
INSTALL IP cameras 2.00 $104.00 $208.00
INSTALL Interior Multi sensor camera install, 5.00 $104.00 $520.00
INSTALL Exterior Multi-sensor camera install, 10.00 $104.00 $1,040.00
INSTALL Exterior fixed camera install 2.00 $104.00 $208.00
INSTALL Surge install at 4 locations 6.00 $104.00 $624.00
INSTALL Removal of existing cameras 2.50 $104.00 $260.00
INSTALL Camera programming 3.00 $125.00 $375.00
INSTALL Camera adjustment with City 1.50 $104.00 $156.00
INSTALL Genetec IP Camera license install 1.25 $125.00 $156.25
INSTALL Testing & coordination 2.50 $104.00 $260.00
ENGINEER Engineering Labor 6.00 $115.00 $690.00
PROJ MGMT Project Management Labor 7.50 $115.00 $862.50
FREIGHT Freight Charges 1.00 $78.00 $78.00
A-MISC SHOP SUPPLIES Misc. Shop Supplies 1.00 $46.88 $46.88
1-YEAR-VTI-WARRANTY 1 yr. Workmanship Line Item 1.00 $0.00 $0.00
EQUIPMENT: $15,846.79
LABOR: $5,359.75
SUBCONTRACTOR: $0.00
FREIGHT: $78.00
SUBTOTAL: $21,284.54
TAX: $0.00
TOTAL: $21,284.54
QUOTATION: 142241 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN
BUYER:___________________________
(Print Name)
BUYER SIGNATURE:___________________________
DATE:_______________________
Printed on 6/1/2021 Page 1 of 2
BILL TO: JOB LOCATION:
COMPANY: City of Eden Prairie COMPANY: City of Eden Prairie - Fire Station 3 DATE: June 1, 2021
ADDRESS: ADDRESS: 7350 Eden Prairie Road SALES REP: Ralph Michels
PHONE: (952)210-7637 EXT
, Eden Prairie, MN 55346-3825 EMAIL: ralph.michels@vtisecurity.com
CONTACT: CONTACT:
PHONE: PHONE: (952)949-8368
TITLE:
City of Eden Prairie Fire Station #3 6-1-2021
SCOPE OF WORK:
VTI Quote is based on MN State contract equipment discounts off of MSRP. VTI quoted labor rates are lower than state of MN contract rates. Consulting and site visit labor hours are included at no cost on this quote.
Fire Station 2
Install 4 new exterior Panasonic 4K Multi-Sensor cameras on the exterior of the building. One camera mounted on four
corners of the building. Install one owner provided fixed 1080P camera in the west bay to view the entrance area. Install one owner provided fixed 720P camera in the corridor to view the north entrance service door.
Install PoE surge protection module for each exterior camera. Install 1 new interior Panasonic 2MP Multi-Sensor cameras in the center bay to view the east and center bay areas. All interior cameras will be mounted to an interior wall. The bay entrance cameras will use wall mount kits. The north
service door will direct mount the dome camera to the wall. Provide 7 Genetec upgrade licenses to convert from Analog to IP cameras. Camera will be programmed into the Community Center Genetec Directory and Archiver server.
Notes: 1.Days of storage will be reduced by replacing fixed analog cameras with multi-sensor cameras to the CommunityCenter Hall system.2.New Panasonic multi-sensor cameras are compatible with Genetec Security Center Rev 5.10.1
City of Eden Prairie to provide/install for the project: 1.Man lift for camera installation.2.PoE Network switch port for each camera. (30Watt budget for each port).
3.IP addresses for cameras.4.CAT6 cable to each camera location.5.Ground cable for surge protection devices connected to building steel.
6.Removal of coaxial cable and /18/2 camera power cable.7.Provide WV-S2531LN camera and PWM485S wall mount kit for bay entrance.
8.Provide WV-S2231L camera for north service door.
PART NUMBER PART DESCRIPTION QTY UNIT PRICE TOTAL PRICE
WV-X8571N Camera, Outdoor Vandal, 4x4K, 33MP MSRP $3,532.41 - 15% off of MSRP 4.00 $3,002.55 $12,010.20
WV-S8531N Camera, Outdoor Vandal, 8MP MSRP $2,471.06 - 15% off of
MSRP
1.00 $2,364.78 $2,364.78
EXHIBIT B
QUOTATION: 142241 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN
BUYER:___________________________ (Print Name)
BUYER SIGNATURE:___________________________
DATE:_______________________
Printed on 6/1/2021
Page 2 of 2
PWM850 Wall Mount and Shroud Package MSRP $175.00 - 15% off of MSRP 5.00 $148.00 $740.00
PACA4GR Corner Mount Adapter, Grey MSRP $148.00 - 15% off of MSRP 4.00 $126.00 $504.00
DTK-MRJPOE Power Over Ethernet Surge Protection - RJ45 Conn 4.00 $71.78 $287.12
SCE-8N804LP Enclosure, 8x8x4 - NEMA 1 4.00 $41.15 $164.60
SCE-8N8MPP Subpanel, Flat Perforated, 6x6x0.06 - NEMA N/A 4.00 $11.02 $44.08
SCE-10N804LP Enclosure, 10x8x4 - NEMA 1 0.00 $45.21 $0.00
SCE-10N8MPP Subpanel, Flat Perforated, 8x6x0.06 - NEMA N/A 0.00 $12.99 $0.00
CAT6010 10ft Network Patch Cable, Black, Cat6 4.00 $4.37 $17.48
CAT6005 Network Jumper, Cat6, 5 Foot, Black Jacket 7.00 $2.64 $18.48
GSC-OM-E-1PAC-UP Upgrade 1 Analog Camera Connection to IP Camera Connection MSRP $75.00 - 15% off of MSRP 7.00 $63.75 $446.25
A-MISC LIFT RENTAL lift provided by City of Eden Prairie 0.00 $0.00 $0.00
INSTALL IP cameras 2.50 $104.00 $260.00
INSTALL Interior Multi sensor camera install, 2.50 $104.00 $260.00
INSTALL Exterior Multi-sensor camera install, 13.00 $104.00 $1,352.00
INSTALL Interior install owner provided fixed camera install 4.50 $104.00 $468.00
INSTALL Surge install at 4 locations 6.00 $104.00 $624.00
INSTALL Removal of existing cameras 3.00 $104.00 $312.00
INSTALL Camera programming 3.50 $125.00 $437.50
INSTALL Camera adjustment with City 2.00 $104.00 $208.00
INSTALL Genetec IP Camera license install 2.00 $125.00 $250.00
INSTALL Testing & coordination 2.75 $104.00 $286.00
ENGINEER Engineering Labor 7.00 $115.00 $805.00
PROJ MGMT Project Management Labor 8.50 $115.00 $977.50
FREIGHT Freight Charges 1.00 $78.00 $78.00
A-MISC SHOP SUPPLIES Misc. Shop Supplies 1.00 $46.88 $46.88
1-YEAR-VTI-WARRANTY 1 yr. Workmanship Line Item 1.00 $0.00 $0.00
EQUIPMENT: $16,643.87
LABOR: $6,240.00
SUBCONTRACTOR: $0.00
FREIGHT: $78.00
SUBTOTAL: $22,961.87
TAX: $0.00
TOTAL: $22,961.87
QUOTATION: 142239 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN
BUYER:___________________________
(Print Name)
BUYER SIGNATURE:___________________________ DATE:_______________________
Printed on 6/1/2021 Page 1 of 2
BILL TO: JOB LOCATION:
COMPANY: City of Eden Prairie COMPANY: City of Eden Prairie - Fire Station 4 DATE: June 1, 2021
ADDRESS: ADDRESS: 17920 Linwood Court SALES REP: Ralph Michels
PHONE: (952)210-7637 EXT
, Eden Prairie, MN 55347-2122 EMAIL: ralph.michels@vtisecurity.com
CONTACT: CONTACT:
PHONE: PHONE: (952)949-8368
TITLE:
City of Eden Prairie Fire Station #4 6-1-2021
SCOPE OF WORK:
VTI Quote is based on MN State contract equipment discounts off of MSRP. VTI quoted labor rates are lower than state of MN contract rates. Consulting and site visit labor hours are included at no cost on this quote.
Fire Station 4
Install 5 new exterior Panasonic 4K Multi-Sensor cameras on the exterior of the building. One camera on three corners of the
building. One camera on the east bay entrance and one camera on the west bay exit. Install PoE surge protection module for each exterior camera. Install 2 new interior Panasonic 2MP Multi-Sensor cameras in the interior of the fire station as shown on the floor plan.
Mount the northwest interior 2MP MS camera on the wall by the service entry door. Mount the southeast interior 2MP MS camera on the wall by the service entry door. Provide 5 Genetec upgrade licenses to convert from Analog to IP cameras.
Provide one new IP camera license for the project. Use one spare IP camera license from City. Camera will be programmed into the City Hall Genetec Directory and Archiver server. Notes:
1.Days of storage will be reduced by replacing fixed analog cameras with multi-sensor cameras to the City Hall system.2.New Panasonic multi-sensor cameras are compatible with Genetec Security Center Rev 5.10.1
City of Eden Prairie to provide/install for the project: 1.Man lift for camera installation.2.PoE Network switch port for each camera. (30Watt budget for each port).3.IP addresses for cameras.4.CAT6 cable to each camera location.
5.Ground cable for surge protection devices connected to building steel.6.Removal of coaxial cable and /18/2 camera power cable.7.One Genetec IP camera license.
PART NUMBER PART DESCRIPTION QTY UNIT PRICE TOTAL PRICE
WV-X8571N Camera, Outdoor Vandal, 4x4K, 33MP MSRP $3,532.41 - 15% off of MSRP 5.00 $3,002.55 $15,012.75
WV-S8531N Camera, Outdoor Vandal, 8MP MSRP $2,471.06 - 15% off of MSRP 2.00 $2,364.78 $4,729.56
PWM850 Wall Mount and Shroud Package MSRP $175.00 - 15% off of 7.00 $148.00 $1,036.00
EXHIBIT C
QUOTATION: 142239 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN
BUYER:___________________________ (Print Name)
BUYER SIGNATURE:___________________________
DATE:_______________________
Printed on 6/1/2021
Page 2 of 2
MSRP
PACA4GR Corner Mount Adapter, Grey MSRP $148.00 - 15% off of MSRP 3.00 $126.00 $378.00
DTK-MRJPOE Power Over Ethernet Surge Protection - RJ45 Conn 5.00 $71.78 $358.90
SCE-8N804LP Enclosure, 8x8x4 - NEMA 1 5.00 $41.15 $205.75
SCE-8N8MPP Subpanel, Flat Perforated, 6x6x0.06 - NEMA N/A 4.00 $11.02 $44.08
CAT6010 10ft Network Patch Cable, Black, Cat6 5.00 $4.37 $21.85
CAT6005 Network Jumper, Cat6, 5 Foot, Black Jacket 7.00 $2.64 $18.48
GSC-OM-E-1PAC-UP Upgrade 1 Analog Camera Connection to IP Camera Connection MSRP $75.00 - 15% off of MSRP 5.00 $63.75 $318.75
GSC-OM-E-1C GSC OM Camera Enterprise Connection MSRP $250.00 - 15% off of MSRP 1.00 $268.13 $268.13
ADV-CAM-E-3Y SMA Enterprise Camera, 3 Year MSRP $120.00 - 15% off of MSRP 1.00 $110.00 $110.00
A-MISC LIFT RENTAL lift provided by City of Eden Prairie 0.00 $0.00 $0.00
INSTALL IP cameras 2.50 $104.00 $260.00
INSTALL Interior Multi sensor camera install, 5.00 $104.00 $520.00
INSTALL Exterior Multi-sensor camera install, 16.00 $104.00 $1,664.00
INSTALL Surge install at 5 locations 7.00 $104.00 $728.00
INSTALL Removal of existing cameras 3.00 $104.00 $312.00
INSTALL Camera programming 3.50 $125.00 $437.50
INSTALL Camera adjustment with City 2.00 $104.00 $208.00
INSTALL Genetec IP Camera license install 2.00 $125.00 $250.00
INSTALL Testing & coordination 2.75 $104.00 $286.00
ENGINEER Engineering Labor 7.00 $115.00 $805.00
PROJ MGMT Project Management Labor 8.50 $115.00 $977.50
FREIGHT Freight Charges 1.00 $88.00 $88.00
A-MISC SHOP SUPPLIES Misc. Shop Supplies 1.00 $49.50 $49.50
1-YEAR-VTI-WARRANTY 1 yr. Workmanship Line Item 1.00 $0.00 $0.00
EQUIPMENT: $22,551.75
LABOR: $6,448.00
SUBCONTRACTOR: $0.00
FREIGHT: $88.00
SUBTOTAL: $29,087.75
TAX: $0.00
TOTAL: $29,087.75
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT / DIVISION:
Scott Gerber Fire Chief
ITEM DESCRIPTION:
Approve Cooperative Agreement for All-Hazards Incident Management Organization
ITEM NO.:
VIII.E.
Requested Action Move to: Adopt Resolution Withdrawing from the Joint Powers Agreement Establishing the Regional All-Hazards Incident Management Organization and Approving the
Cooperative Agreement for the Minnesota Statewide All-Hazards Incident Management Organization. Synopsis
Beginning in late 2008, several local jurisdictions, including the City of Eden Prairie, signed the Joint Powers Agreement Establishing the Regional All-Hazards Incident Management Organization (“IMO”), referred to in this memo as the “JPA”, which created a joint powers entity that could deploy an All-Hazards Incident Management Team (“AHIMT”). An AHIMT is comprised of employees of the various participants in the JPA who could be deployed to support incident management activities both within and
outside of the State of Minnesota. After recent changes in JPA leadership, the League of Minnesota Cities Insurance Trust (“LMCIT”), which insures the City and several other city-participants, expressed insurance and liability concerns regarding the JPA. The City’s insurance policy excludes liability coverage for actions that arise out of a
joint powers entity. This means that, under the current JPA, the City does not have liability coverage for matters that may arise from the actions of City employees while deployed or acting on behalf of an AHIMT. To address this issue and avoid the need for separate liability coverage for the organization, IMO
leadership has determined that the IMO does not need to be structured as a joint powers entity to function effectively. Accordingly, the attached Cooperative Agreement has been prepared to govern the IMO going forward. The LMCIT has reviewed the Cooperative Agreement and confirmed that cities providing equipment and employees to the AHIMT under the new agreement will be covered under their LMCIT liability coverage.
The attached resolution withdraws the City from the old JPA and approves the new Cooperative Agreement. Attachments Resolution Cooperative Agreement
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-__ A RESOLUTION WITHDRAWING FROM THE JOINT POWERS AGREEMENT ESTABLISHING THE REGIONAL ALL-HAZARDS INCIDENT MANAGEMENT
ORGANIZATION AND APPROVING THE COOPERATIVE AGREEMENT FOR THE MINNESOTA STATEWIDE ALL-HAZARDS INCIDENT MANAGEMENT ORGANIZATION WHEREAS, the City of Eden Prairie is a signatory to and participant in the Joint Powers
Agreement Establishing the Regional All-Hazards Incident Management Organization (the “JPA”); and WHEREAS, participants in the JPA agreed to make available employees to be rostered
for deployment and activated to respond to incidents inside and outside the State of Minnesota as
requested by another local agency or unit of government; and WHEREAS, the City of Eden Prairie and other participants in the JPA wish to re-structure the organization so that it is no longer a joint powers entity with a board of directors, but rather a
cooperative association managed by an operating committee; and
WHEREAS, the Cooperative Agreement for the Minnesota Statewide All-Hazards Incident Management Organization was prepared to govern the re-structured organization and replace the JPA; and
WHEREAS, the JPA provides that a participant may only withdraw from the JPA by resolution of its governing body declaring its intent to withdraw effective no less than ninety (90) days from the date of the resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eden Prairie
as follows: 1. The City of Eden Prairie hereby declares its intent to withdraw and does withdraw from the Joint Powers Agreement Establishing the Regional All-Hazards Incident
Management Organization effective ninety (90) days from the date of this Resolution,
and hereby consents to termination of the JPA. A certified copy of this resolution shall be delivered to the Chair of the Board as provided in the JPA. 2. The City of Eden Prairie’s participation in the Minnesota Statewide All-Hazards
Incident Management Organization is hereby approved.
3. The Cooperative Agreement for the Minnesota Statewide All-Hazards Incident Management Organization is hereby approved and a signature page shall be executed
2
by the Mayor and City Manager and delivered to the Operating Committee as provided
in the Cooperative Agreement.
ADOPTED by the Eden Prairie City Council on the 15th day of June, 2021.
__________________________ Ronald A. Case, Mayor
ATTEST:
__________________________ Kathleen Porta, City Clerk
April 2021
COOPERATIVE AGREEMENT MINNESOTA STATEWIDE ALL-HAZARDS INCIDENT MANAGEMENT
ORGANIZATION 1. PURPOSE The purpose of this Cooperative Agreement is to establish the Minnesota Statewide All-Hazards
Incident Management Organization for the purpose of training, equipping, maintaining, and
deploying Team Members to incidents inside and outside the State of Minnesota as may be requested by a local agency or other governmental unit. The intent of this Cooperative Agreement is to make equipment, personnel, and other resources available from Participants to the requesting agencies and governmental units. The Participants hereto do not intend, and this Cooperative
Agreement shall not be construed, to form a joint powers entity pursuant to Minn. Stat. § 471.59.
2. DEFINITIONS The following definitions apply to this Cooperative Agreement:
2.1 “Minnesota Statewide All-Hazards Incident Management Organization” or “IMO” – The Participants who will or may provide Team Members who may be available to be rostered or activated to provide Assistance to support incident management activities pursuant to this Agreement.
2.2 “All-Hazards Incident Management Team” or “IMT” – A group of Team Members who are rostered for deployment or are deployed to provide Assistance to support incident management activities pursuant to this Agreement. 2.3 “Team Member” – A trained and qualified person who is employed by, contracted
to, or volunteering with a Participant, who is or may be available to be activated to support incident management activities pursuant to this Agreement. 2.4 “Participant(s)” – Any “governmental unit” as that term is defined in Minn. Stat. § 471.59, subd. 1(b) that is a signatory to this Agreement.
2.5 “Requesting Entity” – Any public agency or governmental unit, whether located within or outside of the State of Minnesota, that requests incident management support from the IMO.
2.6 “Assistance” – Incident management support activities, which may include but are not limited to: public works personnel and equipment; fire and/or emergency medical services personnel and equipment; law enforcement personnel and equipment; utility personnel and equipment; incident organization; command; operations; planning; logistics; and finance/administration.
2
2.7 “Operating Committee” – The group of individuals designated in this Agreement to receive requests for Assistance from a Requesting Entity and organize the
deployment of an IMT.
3. Operating Committee 3.1 Functions. The IMO will be administered by the Operating Committee. The
Operating Committee will receive requests for Assistance from a Requesting Entity
and facilitate the deployment of an IMT to provide the requested Assistance. The Operating Committee may also organize and facilitate the training of Team Members to provide incident management support.
3.2. Composition. All members of the Operating Committee must be employees or
representatives of a Participant. The initial Operating Committee will be comprised of the following individuals: Terry Stoltzman, Anoka County Chris Breitbach, Allina Health
Lance Ross, North Memorial Wayne Kewitsch, Anoka County Jeff Lanenberg, Allina Health Trevor Hamdorf, City of New Brighton Erin Tufte, Stearns County
Dave Statzke, Olmstead County Marlyn Halverson, Itasca County Kristi Rollwagen, Metropolitan Airports Commission Jacob Beauregard, State of Minnesota Greg Hayes, Mdwakenton Public Safety
Scott Gerber, City of Eden Prairie 3.3 Vacancies. A vacancy on the Operating Committee must be filled by the majority vote of the remaining members of the Operating Committee.
3.4 Meetings. The Operating Committee will meet as needed, but at least quarterly, to discuss any matters related to the IMO. 3.5 Operations Manager. The Operating Committee must designate one of its members as the “Operations Manager,” who will be the contact person for receiving requests
for Assistance. The initial Operations Manager will be Terry Stoltzman from Anoka County. The Operating Committee may designate a different Operations Manager at any time by the majority vote of its members. 3.6 No Other Power or Authority. The Operating Committee will have no authority to
receive or expend funds, to enter into contracts, to hire employees, to purchase or otherwise acquire and hold real or personal property, or to sue another entity or individual.
3
3.7 Procedure. Upon receiving a request for Assistance, the Operations Manager must
report the request to the other members of the Operating Committee. The Operating
Committee will then consult with the Participants to assemble an IMT to respond to the request. A Participant is not required to provide Team Members to respond to any particular request.
4. Participants; Liability; Insurance; Indemnification
4.1 Participants. Any governmental unit (as defined in Minn. Stat. § 471.59, subd. 1(b)) may become a Participant in the IMO by providing a signature page to the Operating Committee that has been duly executed by those person(s) having
authority to enter into this Cooperative Agreement on behalf of the unit or entity.
The Operating Committee must maintain a current roster of all Participants. 4.2 Responsibility for Employees. Any employee, agent, volunteer or contractor of a Participant engaged in providing Assistance under this Cooperative Agreement shall not be considered an employee, agent, volunteer or contractor of any other
Participant for any purpose, including worker’s compensation and other claims that may or might arise out of the employment context. All claims made against a Participant as a result of any act or omission of an employee, agent, volunteer or contractor of the Participant while the employee is engaged in providing Assistance under this Cooperative Agreement are not the obligation or responsibility of any
other Participant. 4.3 Indemnification. No Participant is liable for the acts or omissions of another Participant under this Cooperative Agreement, unless the Participant has agreed in writing to be responsible for the acts or omissions of another Participant. Each
Participant agrees to defend, indemnify, and hold harmless the other Participants against any and all claims, liability, loss, damage, or expense, including reasonable attorney’s fees, resulting from or arising under this Cooperative Agreement and caused by or resulting from negligent acts or omissions of the Participant and/or those of its employees, agents, volunteers, or contractors. To the extent a Participant
is a “municipality” covered by Minnesota Statutes Chapter 466, under no circumstances may the Participant be required to pay on behalf of itself and any other Participant any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Participant. To the extent a Participant is a federally recognized sovereign Native American tribe or a
department or agency thereof (a “Tribal Participant”), under no circumstances may such Tribal Participant be required to pay on behalf of itself and any other Participant any amounts in excess of the limits on liability established by a tribal ordinance or law limiting the tort liability of such Tribal Participant.
4.4 Worker’s Compensation. No Participant will be responsible for injuries to or death of any employee, agent, volunteer, or contractor of another Participant who provides Assistance as part of an IMT. Each Participant must maintain workers’
4
compensation insurance or self-insurance coverage, covering its own employees and volunteers while they are providing Assistance pursuant to this Cooperative
Agreement and must require contractors and agents to provide workers’
compensation coverage as required by law. Each Participant waives the right to sue any other Participant for any workers’ compensation benefits paid to its own employees, agents, volunteers, contractors, or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Participant or its
officers, employees, agents, volunteers, or contractors.
4.5 EMAC Deployment. Any Team Member engaged as a member of the IMO and deployed as part of a request under the Interstate Emergency Management Assistance Compact (“EMAC”) is afforded all the protections and coverage as
stated in Minnesota Statutes Sections 192.89–192.91.
4.6 Specialized Emergency Response Team Deployment. Any Team Member engaged as a member of the IMO and deployed as part of a specialized emergency response team under Minnesota Statutes Section 12.351 shall be deemed an employee of the state as provided by section 12.351.
4.7 No Compensation from IMO. Participants and Team Members are not entitled to compensation from the IMO for providing Assistance under this Cooperative Agreement. 5. Equipment 5.1 Ownership. Neither the IMO nor the Operating Committee shall own or control any personal property that may be used by an IMT in providing Assistance under this Cooperative Agreement. Individual Participants may purchase and maintain
equipment designated exclusively or non-exclusively for IMT purposes, but such equipment will be owned and deployed solely by that Participant. A Participant owning property designated for IMT purposes is solely responsible for the maintenance, repair, replacement, and insurance of the property.
5.2 Damage. Each Participant will be responsible for damages to or loss of its own equipment. Each Participant waives the right to sue any other Participant for any damages to or loss of its equipment even if the damages or losses were cause wholly or partially by the negligence of any other Participant or its officers, employees, agents, volunteers, or contractors.
6. Effective Date; Duration; Withdrawal; Termination 6.1 Effective Date. This Cooperative Agreement will become effective upon the approval and signature of any two Participants and will become binding upon the
remaining Participants on the dates of the approval of each of them.
5
6.2 Duration. This Cooperative Agreement will remain in full force and effect until it is terminated in the manner provided in section 6.4.
6.3 Withdrawal. Any Participant may withdraw from this Cooperative Agreement upon thirty (30) days’ written notice to the other Participants and the Operating Committee.
6.4 Termination. Notwithstanding the Participants’ authority to withdraw, this
Cooperative Agreement and the IMO created hereby will continue in force until all remaining Participants mutually agree to terminate or revise this Cooperative Agreement. If only one Participant remains, this Cooperative Agreement will terminate automatically and the IMO will cease to exist.
IN WITNESS WHEREOF, each Participant has executed this Cooperative Agreement on the date indicated.
6
Signature Page to Statewide All-Hazards Incident Management Organization
Cooperative Agreement PARTICIPANT: City of Eden Prairie
Contact Person: Scott Gerber, Fire Chief Email: sgerber@edenprairie.org Phone Number: 952-949-8336
Executed by: _________________________________ Printed Name: Ronald A. Case Title: Mayor
Date: June 15, 2021 _________________________________ Printed Name: Rick Getschow Title: City Manager
Date: June 15, 2021 Please provide executed signature pages to the Operating Committee, attention Terry Stoltzman, at 2100 3rd Avenue, Suite 700, Anoka, MN 55303.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
June 15, 2021
DEPARTMENT / DIVISION
Police Chief Matt Sackett
ITEM DESCRIPTION
Resolution accepting grant from Minnesota Department of Commerce for portable license plate reader (LPR)
ITEM NO.
VIII.F.
Requested Action
Move to: Adopt Resolution accepting a grant in the amount of $19,885 from the Minnesota Department of Commerce for the purchase of a portable license plate reader to help combat automobile theft and automobile theft related investigations.
Synopsis
The Police Department received a grant in the amount of $19,885 from the Minnesota Department of Commerce to purchase a portable license plate reader.
Background
A portable LPR will allow us to move to areas with high incidences of vehicle theft to quickly identify
suspect vehicles and suspects, thereby preventing future crimes.
Attachments
Resolution
Grant Contract
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021- RESOLUTION RELATING TO ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF COMMERCE
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: Authorize the acceptance of a grant from the Minnesota Department of Commerce in the
amount of $19,885 for the purchase of a portable license plate reader to be used for automobile theft and automobile theft related investigations. ADOPTED by the City Council of the City of Eden Prairie this 15th day of June, 2021.
__________________________ Ronald A. Case, Mayor
ATTEST: ___________________________
Kathleen Porta, City Clerk
Automobile Theft Prevention Grant Program FY 22-23 1
Grant Contract
State of Minnesota
SWIFT Contract No. _______________
This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce ("State") and Eden Prairie Police Department 8080 Mitchell Road, Eden Prairie, MN 55344("Grantee").
Recitals 1. Under Minn. Stat. § 65B.84, the State is empowered to enter into this grant.
2. The State is in need of projects to reduce the incidence of automobile theft and automobile theft related crirme. Grant awards pursuant to its Request for Proposals have been made for that purpose.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn. Stat. § 16B.98 Subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract
1 Term of Grant Contract
1.1 Effective date: July 1, 2021, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed
and the Grantee has been notified by the State’s Authorized Representative to begin the work.
1.2 Expiration date: June 30, 2023, or until all obligations have been satisfactorily fulfilled, whichever
occurs first. The contract may be extended for up to an additional 3 years in increments as determined by the State, through a duly executed amendment. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure.
2 Grantee’s Duties 2.1 Activities. The Grantee, who is not a state employee, will perform project activities in accordance with the specified tasks and line-item budget approved by the State, which is attached and incorporated into this contract as Exhibit A, and will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd. 4(a)(1).
2.2 Reporting Requirements. Grantee shall report to the State as specified in the Grant Manual of the Office of Justice Program, which is posted online at https://dps.mn.gov/divisions/ojp/grants/Documents/grant-manual.pdf and is incorporated by reference into this grant contract. (1) Financial Reporting.
Grantee shall submit a financial reporting form to the State’s Authorized Representative utilizing the format identified by the State within 30 days after the end of the reporting period. (2) Progress Reporting.
Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the
Automobile Theft Prevention Grant Program FY 22-23 2
end of the reporting period. (3) Other Requirements.
Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. (4) Evaluation. The State shall have the authority, during the course of this grant period, to conduct evaluations of the performance of the Grantee. (5) Requirement Changes. The State may modify or change all reporting forms at its discretion during the grant period. (6) Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Grantee’s successful implementation of the program. The State will notify the Grantee in writing of any special administrative
requirements.
2.3 Equipment (1) Definitions. Equipment and materials include items and supplies purchased with grant funds. This may include, but is not limited to, GPS trackers, cameras, computer software, ALPR’s, and bait cars.
Capital equipment is defined as a single item purchased with a value of $5,000 or more. (2) Purpose.
All equipment and materials purchased with grant funds shall be used primarily for the purpose of the grant for the entire duration of the term of the agreement. (3) Inventory.
The Grantee shall place all equipment and materials having a value of over $100 purchased with grants funds on a grant property inventory form. The inventory form must be submitted with quarterly reports. The Grantee shall provide a copy of the grant inventory to the State’s Authorized Representative. (4) Inspection. The Grantee shall make all equipment and materials purchased with grants funds available for
inspection by the State’s Authorized Representative. (5) Replacement. The Grantee is responsible for replacing or repairing property which is lost, stolen, damaged or destroyed. Any loss, damage or theft of equipment must be investigated and fully documented and made part of the official grant contract records. Stolen property must be reported promptly to the appropriate law enforcement agency and a copy of the report retained in the program files. (6) Discontinuation of Use During Grant Term. If the Grantee ceases using equipment (including capital equipment) or materials for the intended purpose during the term of the agreement, the Grantee shall contact the State’s Authorized Representative for disposition of property instructions. Disposition may include sale, transfer to the State, or transfer to another grantee. (7) Discontinuation of Use of Capital Equipment. Capital equipment must be retained in inventory for a five-year period or when the value of the equipment has depreciated to less than $5,000, whichever comes first. If the Grantee ceases using capital equipment for the intended purpose during this time, the Grantee shall contact the State’s Authorized Representative for disposition of property instructions. Disposition may include sale, transfer to the State, or transfer to another grantee.
2.3 Personnel If the grant provides funding for personnel, the funded personnel shall work on grant activities. Full-time funded positions must work exclusively on grant activities, excluding ancillary duties such as training, meetings, covering a court calendar, assisting others on a short-term project. Part-time or
Automobile Theft Prevention Grant Program FY 22-23 3
overtime funding positions must keep a record of their hours spent on grant activities. The Grantee shall inform the State’s Authorized Representative of the staff names who are assigned to and
funded by the grant. If staff are reassigned or discontinued for more than 14 days, the grantee shall promptly notify the State’s Authorized Representative.
3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:
(a) Compensation. The Grantee will be reimbursed for activities and budget amounts according to the line-item budget approved by the State in Exhibit A:
(1) $19,885.00 is available for fiscal year 2022
(2) $0.00 is available for fiscal year 2023
Grant funds available for fiscal year 2022 are permitted to be carried forward into fiscal year 2023 only upon written request and with written approval in advance by the State’s Authorized Representative.
(b) Line-item Changes. Expenditures specified in Exhibit A may not be moved from one line-item to another unless in
accordance with the requirements listed below: (1) Any changes to the line-item budget must advance the purpose of the Automobile Theft Prevention Grant Program and must remain within the total dollar amount available for each fiscal year.
(2) Any fund transfers must be approved in advance in writing by the State’s Authorized Representative and will not be effective until an amendment to this Agreement has been executed. (3) The State may refer approval requests for line-item transfer(s) to the Automobile Theft Prevention Advisory Board to review for reasonableness. (c) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed the amount identified and approved for travel in Exhibit A; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current
"Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota
will be considered the home state for determining whether travel is out of state. (d) Total Obligation.
The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $19,885.00. 4.2 Payment (a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the costs actually performed and the State's Authorized Representative accepts the invoiced services.
Automobile Theft Prevention Grant Program FY 22-23 4
Invoices must be submitted timely upon completion of services, but not more often than monthly. The state fiscal year is July 1 to June 30 of each year. Amounts submitted on each invoice must
reflect goods ordered and services rendered prior to June 30 of each fiscal year. The final invoice pertaining to each state fiscal year of this grant contract must be received by the close of business on July 31 following the end of the fiscal year. (b) Unexpended Funds.
The Grantee must promptly return to the State any unexpended funds that have not been accounted for in a financial report to the State due at grant closeout. 4.3 Contracting and Bidding Requirements. Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law.
For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole.
5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State’s
satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representative The State's Authorized Representative is Joseph Boche, Grant Manager, 85-7th Place E, St. Paul, MN, 651-539-1605, or his successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Matt Sackett, 8080 Mitchell Road, Eden Prairie, MN 55344. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment.
The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party.
8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any
Automobile Theft Prevention Grant Program FY 22-23 5
claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be
construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract.
9 State Audits Under Minn. Stat. §16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later.
10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee’s expense, from any action or claim brought against
the State to the extent that it is based on a claim that all or part of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys’ fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions.
If such a claim or action arises, or in Grantee's or the State’s opinion is likely to arise, Grantee shall, at the State’s discretion, either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law.
11 Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility.
12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with
Automobile Theft Prevention Grant Program FY 22-23 6
respect to the program, publications, or services provided resulting from this grant contract.
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
14 Termination 14.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days
written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro-rata basis, for services satisfactorily performed.
14.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been
made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if: a) It does not obtain funding from the Minnesota Legislature; or b) If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the Grantee. The State is not obligated to pay for any
services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro-rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice.
15 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
16 Other Provisions
16 Activities Requiring Prior Written Approval The following require prior written approval: (1) Material program modifications:
a. Expanding your geographic area.
b. Changing organizations involved in activities (expansion, contraction or revision)
c. Revising activities and timelines.
Automobile Theft Prevention Grant Program FY 22-23 7
d. Amending the number of activities or number of individuals you proposed to serve.
e. Revising your target population.
(2) Purchase of capital equipment.
(3) Purchase of equipment not specified within the grant agreement.
(4) Reallocation of funds from one line item to another.
(5) Contracts of $5,000 or more.
(6) Out of state travel when grant funds are used.
(7) Disposal of equipment purchased with grant funds during the term of the grant.
(8) Disposal of capital equipment at any time during the during the term of the grant, and for 5 years
from the date of purchase of the equipment or when the equipment has a value less than
$5,000, whichever comes first.
1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05. By: ___________________________________________ (with delegated authority) Signed: _________________________________________ Title: __________________________________________ Date: ___________________________________________ Date: _________________________________________ SWIFT Contract/PO No(s).__________________________
2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: ________________________________________________ Title: _______________________________________________ Date: _______________________________________________ Phone: _____________________________________________ Email: ______________________________________________
Automobile Theft Prevention Grant Program FY 22-23 8
Exhibit A – Eden Prairie
Eden Prairie Approved FY 2022 Approved FY 2023 Total Approved
Equipment Over $5,000 Per Unit
Portable LPR $ 19,885.00 $ 19,885.00
Total $ 19,885.00 $ 19,885.00
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Fire Chief Scott Gerber
ITEM DESCRIPTION:
Approve Agreement to purchase Motorola Solutions Dispatch and Nice Loggers support
ITEM NO.:
VIII.G.
Requested Action Move to: Approve Contract for Goods and Services with Motorola for dispatch consoles, monitoring and logging recorder support.
Synopsis The Fire Department handles contracting for a variety of services related to the installation of products for the statewide Armer radio system and our dispatch center. The Fire Department
recommends accepting the quotation from Motorola Solutions in the amount of $164,753.96 for
hardware and software support. This is for a 4 year contract starting on November 1,2020. The annual cost to the city will be $25,505.00 for logging equipment and $15,683.00 for console support. Combined yearly total of $41,188.00 dollars
Attachment Two Contracts from Motorola Solutions - dispatch consoles and logging recorders
Date:
‐DISPATCH
‐ONSITE SUPPORT
SERVICE AGREEMENT
LSV01S01107A
MODEL/OPTION
952‐949‐8368
N/A
1036447929
Eden Prairie Fire Dept, City Of
8080 Mitchell Rd
Eden Prairie, MN 55344
Mark Vandenberghe
Customer Name:
Attn:
Billing Address:
City, State, Zip:
1299 E Algonquin Road
Schaumburg, IL 60196
(800) 247‐2346
25‐OCT‐2020
‐Dispatch System ID SZ740F2D18
‐MCC7500 Operator Position ‐ Qty: 4
SERVICES DESCRIPTION
*****Recurring Services*****
ESSENTIAL PLUS PACKAGE:
‐NETWORK HARDWARE REPAIR W/ ADV REPLACEMENT
Included Services:
‐PREVENTIVE MAINTENANCE
‐TECHNICAL SUPPORT***
‐SECURITY UPDATE SERVICE***
Covered Systems/Products:
Contract Number: USC000020862
Contract Modifier: R04-JUL-20 14:03:16
0002
01‐Nov‐2020
31‐Oct‐2024
ANNUALLY
P.O.#
Customer # :
Bill to Tag # :
Contract Start Date:
Contract End Date:
Payment Cycle:Phone:
Customer Contact:
SVC01SVC1103C NETWORK EVENT MONITORING
‐Dispatch System ID SZ740F2D18
State
MSI SYSTEM SUPPORT CTR IL
MSI INFRASTRUCURE DEPOT OPERATIONS IL
ANCOM TECHNICAL CENTER MN
I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to
this Service Agreement, is incorporated herein by this reference.
***Customer is part of the ARMER System. Special taxation terms
apply. Customer receives Technical Support, SUA, and SUS under the
terms and conditions of Minnesota State Support Contract, D.O.A.
Contract No. 104183 (formerly Contract No. 16494), Release No. S‐
914(5) (R12# USC000007373).
The prices quoted via this service contract renewal are valid only until
expiration of the current service contract. If Customer does not
provide to MSI a valid, executed contract renewal within 30 days of
contract expiration a one‐time administrative fee equal to 5% of the
subsequent year's annual contract rate will be billed to the Customer
upon reestablishment of the expired service contract.
$ 62,733.45
ELGIN
SPECIAL INSTRUCTIONS EXT PRICE
$ 62,733.45
‐$
Sub Total
Taxes
Grand Total
Subcontractor(s)
BURNSVILLE
THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING
JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.
City
SCHAUMBURG
313-418-2884
1299 E Algonquin Road
Schaumburg, IL 60196
(800) 247‐2346
MOTOROLA REPRESENTATIVE (PRINT NAME)PHONE
AUTHORIZED CUSTOMER SIGNATURE
MOTOROLA REPRESENTATIVE (SIGNATURE)
Jeffrey Wells
TITLE DATE
Company Name:
TITLE DATE
Contract Number:
Contract Modifier:
Contract Start Date:
Contract End Date:
CUSTOMER (PRINT NAME)
SERVICE AGREEMENT
Eden Prairie Fire Dept, City Of
USC000020862
R04-JUL-20 14:03:16
01‐Nov‐2020
31‐Oct‐2024
Please email signed Service Agreement to:
jeffrey.wells4@motorolasolutions.com
Associate C.S.M.10/31/2020
CITY MAYOR DATE
CITY MANAGER TITLE DATE
TITLE
Service Terms and Conditions
Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows:
Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement.
Section 2. DEFINITIONS AND INTERPRETATION 2.1. “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise.
2.2. “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement.
2.3. “Services” means those installation, maintenance, support, training, and other services described in this
Agreement.
Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement.
Section 4. SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are
prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.
4.6. If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure
events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by the transmission medium.
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to
maintain contact, as needed, with Motorola.
Section 8. INVOICING AND PAYMENT
8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date.
8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
8.3 At the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed. Should the annual inflation rate increase greater than 5% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 5%. The Midwest Region Consumer Price Index (https://www.bls.gov/regions/mountain-plains/news-release/consumerpriceindex_midwest.htm), All items, Not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics
Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Section 10. DEFAULT/TERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in
addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.
10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of
Service payments for the original Term.
Section 11. LIMITATION OF LIABILITY
See Addendum A
Section 12. EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by
a written agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by
authorized representatives of both parties.
Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section
survive the expiration or termination of this Agreement. Motorola's specifications, drawings, reprints and technical information shall be deemed trade secrets under Minnesota Data Practices Act and non-public. As to other data, the
provisions of 29.b. apply.
13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide
Customer with access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property
created as a result of or related to the Equipment sold or Services performed under this Agreement.
Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer
in any governmental matters.
Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found
to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises
by Motorola at any time without restriction.
Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and
effect.
17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State
in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s
reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this
Agreement.
17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the
Separation Event.
17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those
services on a time and materials basis at Motorola’s then effective hourly rates.
17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement
shall be treated as and shall have the same effect as an original signed copy of this document.
Motorola legal approved 11/17/2020
ADDENDUM A
CONTRACT NUMBER USC000020862
Section 11. Limitation of Liability is amended in its entirety as follows:
Except for personal injury or death, Motorola’s total liability to Owner, whether for
breach of contract, warranty, negligence, strict liability in tort, indemnification, or
otherwise, is limited to direct damages recoverable under law but not to exceed
the Contract Price. Motorola shall not be liable to Owner for any loss of use, loss
of time, inconvenience, commercial loss, lost profits or savings, or other special,
incidental or consequential damages related to or arising from this Agreement, the
sale or use of the Equipment, or the performance of services by Motorola pursuant
to this Agreement. Notwithstanding the preceding sentence, Owner may recover
from Motorola incidental damages resulting from Motorola’s breach for expenses
reasonably incurred in inspection, receipt, crating, packaging, transportation,
recovery of Goods, and care and custody of Goods rightfully rejected, but such
incidental damages shall not exceed $50,000. No action for contract breach or
otherwise relating to the transactions contemplated by this Agreement may be
brought more than one (1) year after the accrual of the cause of action, except for
money due upon an open account. This limitation of liability will survive the
expiration or termination of this Agreement and applies notwithstanding any
contrary provision.
Section 18. Assignment. Neither party shall assign this Agreement, nor any
interest arising herein, without the written consent of the other party.
Section 19. Compliance with Laws and Regulations. In providing services
hereunder, the Contractor shall abide by statutes, ordinances, rules, and
regulations pertaining to the provisions of services to be provided. Any violation of
statutes, ordinances, rules and regulations pertaining to the services to be provided
shall constitute a material breach of this Agreement and entitle the City to
immediately terminate this Agreement.
Section 20. Conflicts. No salaried officer or employee of the City and no member
of the Council of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the Agreement void.
Section 21. Damages. In the event of a breach of this Agreement by the City,
Contractor shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
Section 22. Entire Agreement, Construction, Application and Interpretation. This
Agreement is in furtherance of the City’s public purpose mission and shall be
construed, interpreted, and applied pursuant to and in conformance with the City's
public purpose mission. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject matter hereof. Any
alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein.
Section 23. Governing Law. This Agreement shall be controlled by the laws of the
State of Minnesota.
Section 24. Non-Discrimination. During the performance of this Agreement, the
Contractor shall not discriminate against any employee or applicants for
employment because of race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation or age.
The Contractor shall post in places available to employees and applicants for
employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment.
The Contractor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors
for such work to incorporate such requirements in all subcontracts for program
work. The Contractor further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights
Act of 1964, and the Americans with Disabilities Act of 1990.
Section 25. Notice. Any notice required or permitted to be given by a party upon
the other is given in accordance with this Agreement if it is directed to either party
by delivering it personally to an officer of the party, or if mailed in a sealed wrapper
by United States registered or certified mail, return receipt requested, postage
prepaid, or if deposited cost paid with a nationally recognized, reputable overnight
courier, properly addressed to the address listed on page 1 hereof. Notices shall
be deemed effective on the earlier of the date of receipt or the date of mailing or
deposit as aforesaid, provided, however, that if notice is given by mail or deposit,
that the time for response to any notice by the other party shall commence to run
one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party,
in any manner above specified, 10 days prior to the effective date of such change.
Section 26. Rights and Remedies. The duties and obligations imposed by this
Agreement and the rights and remedies available thereunder shall be in addition
to and not a limitation of any duties, obligations, rights and remedies otherwise
imposed or available by law.
Section 27. Services Not Provided For. No claim for services furnished by the
Contractor not specifically provided for herein shall be honored by the City.
Section 28. Severability. The provisions of this Agreement are severable. If any
portion hereof is, for any reason, held by a court of competent jurisdiction to be
contrary to law, such decision shall not affect the remaining provisions of this
Agreement.
Section 29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting
procedures and practices of the Contractor or other parties relevant to this
Agreement are subject to examination by the City and either the Legislative Auditor
or the State Auditor for a period of six (6) years after the effective date of this
Agreement.
b.Data Practices. Any reports, information, or data in any form given to,
or prepared or assembled by the Contractor under this Agreement which the City
requests to be kept confidential, shall not be made available to any individual or
organization without the City's prior written approval. This Agreement is subject to
the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13
(Data Practices Act). All government data, as defined in the Data Practices Act
Section 13.02, Subd 7, which is created, collected, received, stored, used,
maintained, or disseminated by Contractor in performing any of the functions of
the City during performance of this Agreement is subject to the requirements of
the Data Practice Act and Contractor shall comply with those requirements as if it
were a government entity. All subcontracts entered into by Contractor in relation
to this Agreement shall contain similar Data Practices Act compliance language.
Section 30. Waiver. Any waiver by either party of a breach of any provisions of
this Agreement shall not affect, in any respect, the validity of the remainder of
this Agreement.
Motorola legal approved 11/17/2020
Date:
State
NICE SYSTEMS INC VA
MSI INFRASTRUCURE DEPOT OPERATIONS IL
ANCOM TECHNICAL CENTER MN
I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to
SERVICE AGREEMENT
SVC02SVC0126A
MODEL/OPTION
952‐949‐8368
N/A
1036447929
Eden Prairie Fire Dept, City Of
8080 Mitchell Rd
Eden Prairie, MN 55344
Mark Vandenberghe
Customer Name:
Attn:
Billing Address:
1299 E Algonquin Road
Schaumburg, IL 60196
(800)247‐2346
15‐DEC‐2020
‐Dispatch System ID SZ740F2D18_(NICE)
SERVICES DESCRIPTION
*****Recurring Services*****
NICE GOLD‐LITE PACKAGE
City, State, Zip:01‐Nov‐2020
31‐Oct‐2024
ANNUALLY
P.O.#
Customer # :
Bill to Tag # :
Contract Start Date:
Contract End Date:
Payment Cycle:
Contract Number: USC000008396
Contract Modifier: R04-JUL-20 14:02:30
0002
Phone:
Customer Contact:
Subcontractor(s)
BURNSVILLE
THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING
JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.
SPECIAL INSTRUCTIONS EXT PRICE
$ 102,020.51
‐$
Sub Total
Taxes
The prices quoted via this service contract renewal are valid only until
expiration of the current service contract. If Customer does not provide
to MSI a valid, executed contract renewal within 30 days of contract
expiration a one‐time administrative fee equal to 5% of the subsequent
year's annual contract rate will be billed to the Customer upon
reestablishment of the expired service contract.
$ 102,020.51
ELGIN
City
RESTON
Grand Total
313-418-2884
this Service Agreement, is incorporated herein by this reference.
AUTHORIZED CUSTOMER SIGNATURE
MOTOROLA REPRESENTATIVE (PRINT NAME)PHONE
MOTOROLA REPRESENTATIVE (SIGNATURE)
Jeffrey Wells
TITLE DATE
TITLE DATE
CITY MAYOR
Associate C.S.M.12/15/2020
CUSTOMER (PRINT NAME)
TITLE DATE
AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
CITY MANAGER TITLE DATE
Service Terms and Conditions
Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows:
Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement.
Section 2. DEFINITIONS AND INTERPRETATION 2.1. “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise.
2.2. “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement.
2.3. “Services” means those installation, maintenance, support, training, and other services described in this
Agreement.
Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement.
Section 4. SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are
prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.
4.6. If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure
events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by the transmission medium.
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to
maintain contact, as needed, with Motorola.
Section 8. INVOICING AND PAYMENT
8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date.
8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
8.3 At the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed. Should the annual inflation rate increase greater than 5% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 5%. The Midwest Region Consumer Price Index (https://www.bls.gov/regions/mountain-plains/news-release/consumerpriceindex_midwest.htm), All items, Not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics
Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Section 10. DEFAULT/TERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in
addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.
10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of
Service payments for the original Term.
Section 11. LIMITATION OF LIABILITY
See Addendum A
Section 12. EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by
a written agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by
authorized representatives of both parties.
Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section
survive the expiration or termination of this Agreement. Motorola's specifications, drawings, reprints and technical information shall be deemed trade secrets under Minnesota Data Practices Act and non-public. As to other data, the
provisions of 29.b. apply.
13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide
Customer with access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property
created as a result of or related to the Equipment sold or Services performed under this Agreement.
Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer
in any governmental matters.
Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found
to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises
by Motorola at any time without restriction.
Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and
effect.
17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State
in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s
reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this
Agreement.
17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the
Separation Event.
17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those
services on a time and materials basis at Motorola’s then effective hourly rates.
17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement
shall be treated as and shall have the same effect as an original signed copy of this document.
Motorola legal approved 11/17/2020
ADDENDUM A
CONTRACT NUMBER USC000020862
Section 11. Limitation of Liability is amended in its entirety as follows:
Except for personal injury or death, Motorola’s total liability to Owner, whether for
breach of contract, warranty, negligence, strict liability in tort, indemnification, or
otherwise, is limited to direct damages recoverable under law but not to exceed
the Contract Price. Motorola shall not be liable to Owner for any loss of use, loss
of time, inconvenience, commercial loss, lost profits or savings, or other special,
incidental or consequential damages related to or arising from this Agreement, the
sale or use of the Equipment, or the performance of services by Motorola pursuant
to this Agreement. Notwithstanding the preceding sentence, Owner may recover
from Motorola incidental damages resulting from Motorola’s breach for expenses
reasonably incurred in inspection, receipt, crating, packaging, transportation,
recovery of Goods, and care and custody of Goods rightfully rejected, but such
incidental damages shall not exceed $50,000. No action for contract breach or
otherwise relating to the transactions contemplated by this Agreement may be
brought more than one (1) year after the accrual of the cause of action, except for
money due upon an open account. This limitation of liability will survive the
expiration or termination of this Agreement and applies notwithstanding any
contrary provision.
Section 18. Assignment. Neither party shall assign this Agreement, nor any
interest arising herein, without the written consent of the other party.
Section 19. Compliance with Laws and Regulations. In providing services
hereunder, the Contractor shall abide by statutes, ordinances, rules, and
regulations pertaining to the provisions of services to be provided. Any violation of
statutes, ordinances, rules and regulations pertaining to the services to be provided
shall constitute a material breach of this Agreement and entitle the City to
immediately terminate this Agreement.
Section 20. Conflicts. No salaried officer or employee of the City and no member
of the Council of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the Agreement void.
Section 21. Damages. In the event of a breach of this Agreement by the City,
Contractor shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
Section 22. Entire Agreement, Construction, Application and Interpretation. This
Agreement is in furtherance of the City’s public purpose mission and shall be
construed, interpreted, and applied pursuant to and in conformance with the City's
public purpose mission. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject matter hereof. Any
alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein.
Section 23. Governing Law. This Agreement shall be controlled by the laws of the
State of Minnesota.
Section 24. Non-Discrimination. During the performance of this Agreement, the
Contractor shall not discriminate against any employee or applicants for
employment because of race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation or age.
The Contractor shall post in places available to employees and applicants for
employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment.
The Contractor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors
for such work to incorporate such requirements in all subcontracts for program
work. The Contractor further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights
Act of 1964, and the Americans with Disabilities Act of 1990.
Section 25. Notice. Any notice required or permitted to be given by a party upon
the other is given in accordance with this Agreement if it is directed to either party
by delivering it personally to an officer of the party, or if mailed in a sealed wrapper
by United States registered or certified mail, return receipt requested, postage
prepaid, or if deposited cost paid with a nationally recognized, reputable overnight
courier, properly addressed to the address listed on page 1 hereof. Notices shall
be deemed effective on the earlier of the date of receipt or the date of mailing or
deposit as aforesaid, provided, however, that if notice is given by mail or deposit,
that the time for response to any notice by the other party shall commence to run
one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party,
in any manner above specified, 10 days prior to the effective date of such change.
Section 26. Rights and Remedies. The duties and obligations imposed by this
Agreement and the rights and remedies available thereunder shall be in addition
to and not a limitation of any duties, obligations, rights and remedies otherwise
imposed or available by law.
Section 27. Services Not Provided For. No claim for services furnished by the
Contractor not specifically provided for herein shall be honored by the City.
Section 28. Severability. The provisions of this Agreement are severable. If any
portion hereof is, for any reason, held by a court of competent jurisdiction to be
contrary to law, such decision shall not affect the remaining provisions of this
Agreement.
Section 29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting
procedures and practices of the Contractor or other parties relevant to this
Agreement are subject to examination by the City and either the Legislative Auditor
or the State Auditor for a period of six (6) years after the effective date of this
Agreement.
b.Data Practices. Any reports, information, or data in any form given to,
or prepared or assembled by the Contractor under this Agreement which the City
requests to be kept confidential, shall not be made available to any individual or
organization without the City's prior written approval. This Agreement is subject to
the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13
(Data Practices Act). All government data, as defined in the Data Practices Act
Section 13.02, Subd 7, which is created, collected, received, stored, used,
maintained, or disseminated by Contractor in performing any of the functions of
the City during performance of this Agreement is subject to the requirements of
the Data Practice Act and Contractor shall comply with those requirements as if it
were a government entity. All subcontracts entered into by Contractor in relation
to this Agreement shall contain similar Data Practices Act compliance language.
Section 30. Waiver. Any waiver by either party of a breach of any provisions of
this Agreement shall not affect, in any respect, the validity of the remainder of
this Agreement.
Motorola legal approved 11/17/2020
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION: I.C. #207040
Award Contract for Regional Center Rd Water Main Relining Project
ITEM NO.
VIII.H.
Requested Action Move to: Award contract for the Relining of the Water Main in Regional Center Road to Michels Pipe Services, a Division of Michels Corporation, in the amount of $226,479.
Synopsis Eden Prairie Public Works advertised for bids in the City’s official newspaper and on Quest-CDN for the relining repair of the Regional Center Road water main. The engineer’s estimate for this project was $178,250. Three bids were received and opened on May 27, a tabulation of
which is provided below:
BIDDER
BID BOND
RESPONSIBLE
CONTRACTOR
BASE BID
1 Michaels Pipe Services Yes Yes $226,479.00 2 Minger Construction Co., Inc. Yes Yes $233,208.50
3 Fer-Pal Construction USA, LLC Yes Yes $247,850.00
Background Information Regional Center Road has experienced multiple water main failures over the years leading to a string of repair patches that ultimately compromise the overall integrity of the water main.
Relining was determined to be the most feasible repair method, effectively resulting in a new
pipe within the old pipe without having perform drilling or excavation. Actual bid prices were at least 27% higher than estimated due to labor shortages and material costs driving up prices following the pandemic. The project will be paid with cash reserves in the water enterprise fund. Staff recommends award to Michels Corporation.
Attachments Contract Recommendation Letter
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this _15th_ day of _June_ 20_21_, by and between City
of Eden Prairie hereinafter referred to as the "CITY", and _Michels Pipe Services, a division of
Michels Corporation_, hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for:
I.C. _207040_ Regional Center Road Water Main Relining Project
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $ 226,479 . III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________
Its City Mayor __________________________________ By_______________________________ Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________
June 7th, 2021
Mr. Rick Wahlen
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344
Re: Regional Center Rd. Watermain Rehabilitation
Improvement Project #207040
Dear Mr. Wahlen,
Bids were received and opened at 10:00 a.m. on Thursday May 27, 2021, for the
above referenced project. The bids are shown on the attached Summary of Bids.
The low bidder, Michels Pipe Services; a division of Michels Corporation, came in
with a bid of $226,479.00, which was 27% above than the Engineer’s Estimate of
$178,250.00.
Recommendation is made that the City Council awards Improvement Project
#207040 to Michels Pipe Services in the amount of $226,479.00 for the project.
This recommendation considers that the City Council reserves the right to waive
minor irregularities and further reserves the right to award the contract in the
best interests of the City.
Respectfully,
Hansen Thorp Pellinen Olson, Inc.
Adam Pawelk, PE
Enclosures
Summary of Bids
SUMMARY OF BIDS
City of Eden Prairie
Improvement Project # 207040
DESCRIPTION: Regional Center Rd. Watermain Rehabilitation
BID OPENED: May 27, 2021
CONSULTING ENGINEER: HTPO
CHECKED BY: HTPO
Bid Responsible Base
Bidder Bond Contractor Bid
Engineer’s Estimate $178,250.00
Michels Pipe Services; Yes Yes $226,479.00
a division of Michels Corporation
Minger Construction Co., Inc. Yes Yes $233,208.50
Fer-Pal Construction USA LLC Yes Yes $247,850.00
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: I.C. 20823
Approve Change Order to the Construction Contract for Cumberland Road Rehabilitation in the amount of $99,736.95
ITEM NO.:
VIII.I.
Requested Action
Move to: Approve Change order in the amount of $99,736.95 for the Cumberland Road Rehabilitation project. Synopsis
The poor underlying soils present on this project were worse than expected once the layer of asphalt was removed. The testing prior to the project showed an excess of gravel normally sufficient to carry the traffic load, but the moisture content of the underlying soils was too high causing rutting and instability. The soils need to be corrected in order to properly build the road and this change order
will address that soil correction. Staff recommends approving this change order.
Background Information This portion of Cumberland Road between Mitchell Road and Sycamore Court has deteriorated
beyond the ability for a typical rehabilitation method of a mill and overlay. The plan included
removing a 3” layer of bituminous and then grinding up the remaining section of bituminous with the underlying gravel. Finally the curb and gutter is to be removed and replaced. The original duration of this project was set for around 1 month. This will add approximately 2 weeks to the project length.
Attachment Attachment 1 – Change-Order 1
Cumberland Rd Rehab Change Order 1
June 15, 2021 CHANGE ORDER NO. 1 Project: Cumberland Road Rehabilitation Project Eden Prairie, Minnesota City Project No. 20823 To: GMH Asphalt Corporation You are hereby directed to make the changes noted below in the contract. NATURE OF CHANGE TO CONTRACT The Engineer determined that following the removal of the pavement layer, the roadway section contained unsuitable soils below the aggregate layer beyond the anticipated scope of the project which requires the material to be removed and replaced. The Engineer recommends approval of the negotiated unit prices for the Subgrade Excavation and 3” Minus Stabilization Aggregate for the amount of material over the bid quantity amount. ADD the following costs to the contract: 1. Subgrade Excavation 2. 3” Minus Stabilizing Aggregate
Unit CY CY
Unit Price $ 38.24 $ 41.87
Est Qty 1,245 1,245
Amount $47,608.80 $52,128.15
TOTAL ADDITONS $ 99,736.95
CONTRACT AMOUNT $ 231,743.90 TOTAL ADDITIONS $ 99,736.95 TOTAL DELETIONS - $ 0.00 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 331,480.85
TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 331,480.85
THE ABOVE CHANGES ARE ACCEPTED: GMH Asphalt Corporation CITY OF EDEN PRAIRIE By By Mayor Date Date By City Manager Date
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION: I.C. #207040
Award Contract for Watermain Valve Repairs to Valley Rich Co., Inc.
ITEM NO.
VIII.J.
Requested Action Move to: Award contract for performing Water Main Valve Repairs to Valley Rich Co., Inc. in the amount of $154,500.
Synopsis Quotes were solicited from two competent local underground utility contractors for digging up and replacing corroded bolts in water main valves and fittings in streets where the bituminous surface will be reconditioned. Both trusted contractors have worked with the city for many years
and are familiar with our system and procedures. Staff recommends awarding the contract to
the lowest-cost proposal.
Contractor Base Proposal Unit Price Base Proposal Total Alternate 1 (Bituminous) Alternate 2 (Curb) Total Valley Rich, Co., Inc. $2,550 $102,000 $36,000 $16,500 $154,500
Parrott Contracting, Inc. $3,125 $125,000 $39,960 $22,800 $187,760
Background Information This preventive maintenance effort is intended to eliminate potential future water main leaks in our newly reconditioned streets due to bolt failure. The consequential damage to a new street
surface that inevitably occurs from an emergency repair can be greatly minimized. The cost of
these preemptive repairs is approximately 30 to 40 percent less than our emergency repair expenses which can occur at any time of the day or night. Project costs are funded in the water utility capital improvement plan for 2021.
Attachments
Contract Exhibit A
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the _15th_day of _June_, 20_21_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Valley Rich Co., Inc._, a Minnesota _corporation_(hereinafter
"Contractor") whose business address is_147 Jonathan Blvd. North, Ste 4, Chaska, MN 55318_.
.
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 _the Excavation of Water Distribution System Valves and Fittings, Replacement of all bolts within the excavation, Wrapping Exposed Pipe and Fittings with Polyethylene Encasement,
Verifying System Integrity, Backfilling the Excavation, and Restoring the Road Surface and/or
Curb_ 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 _March 15, 2023_.
3. Compensation for Services. City agrees to pay the Contractor a sum not to exceed $_154,500_ as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Standard Construction Contract 2018 08 01 Page 2 of 17
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
Standard Construction Contract 2018 08 01 Page 3 of 17
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All
goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
Standard Construction Contract 2018 08 01 Page 4 of 17
The Contractor shall post bonds to secure the warranties.
10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.;
all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part
thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such
compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate
Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
Standard Construction Contract 2018 08 01 Page 5 of 17
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in
connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract
upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
Standard Construction Contract 2018 08 01 Page 6 of 17
16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due
Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract.
Standard Construction Contract 2018 08 01 Page 7 of 17
19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
Standard Construction Contract 2018 08 01 Page 8 of 17
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
Standard Construction Contract 2018 08 01 Page 9 of 17
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
Standard Construction Contract 2018 08 01 Page 10 of 17
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original.
Standard Construction Contract 2018 08 01 Page 11 of 17
28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
termination of this Contract and for one (1) year thereafter, without prior written consent
of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Contract or thereafter of any of
the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
33. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration
for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil
Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
Standard Construction Contract 2018 08 01 Page 12 of 17
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
35. Rights and Remedies. The duties and obligations imposed by this Contract and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject
to the requirements of the Data Practice Act and Contractor shall comply with those
requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall
not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
Standard Construction Contract 2018 08 01 Page 13 of 17
Standard Construction Contract 2018 08 01 Page 14 of 17
CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
Standard Construction Contract 2018 08 01 Page 15 of 17
EXHIBIT A: SCOPE OF WORK
The scope of services to be provided by the Contractor selected by the City will include the following requirements: PROJECT DESCRIPTION:
Contractor will provide the labor and equipment to perform preventive maintenance water distribution system gate valve repairs of specific valves/fittings located in the City’s pavement rehabilitation areas planned for 2021-2022. Contractor’s responsibilities include the mobilization of all necessary equipment to each site; the actual excavation of each selected
fitting or valve; the labor to perform all necessary work functions within the Contractor’s scope;
the backfilling of the excavation; and where necessary, the restoration of bituminous roadway and any disturbed concrete curb and gutter. The City will contribute to the project with labor, equipment, and materials as indicated below in CITY RESPONSIBILITIES.
For cost estimation for comparison of proposals, the Contractor will provide a proposal based
upon the following assumptions: 1. Base Proposal: Include all costs necessary to perform forty (40) valve repairs. Base bid work shall include the excavation, replacement of bonnet bolts and packing bolts,
replacement of valve-to-pipe mounting bolts, the placement of poly-wrap (per DIPRA
standard), the reinstallation of curb boxes, verification there are no leaks, and the backfilling of the excavation to within 4-inches of the road surface. Provide the unit cost of one valve repair.
2. Proposal Alternate 1:
a. Assume bituminous roadway restoration will be necessary for 20 of these valves. i. Provide unit price for bituminous asphalt per square foot for 4 inches of compacted thickness. Unit price per ton of asphalt is also acceptable. ii. Assume each repair will require 225 square feet of roadway restoration.
iii. Provide total price for 20 asphalt restoration repairs of the size requested.
b. Assume concrete curb and gutter will be necessary for 20 of these repairs. i. Provide unit price per linear foot of concrete curb and gutter. ii. Assume each of the 20 repairs will require the replacement of 15 feet of curb and gutter.
iii. Provide total price for curb and gutter replacement at 20 sites of this size.
3. Calculation of actual project costs for invoicing will use the above proposed unit price values for actual quantities used at each site. a. Each excavation repair will be billed at the base-proposal per site.
b. Each Alternate 1A repair will be billed by unit price x actual quantity of asphalt.
c. Each Alternate 1B repair will be billed by unit price x true length of replaced curb.
Standard Construction Contract 2018 08 01 Page 16 of 17
GENERAL PROJECT EXPECTATIONS:
The City’s primary expectation is for the repairs to be completed before the street rehabilitation contractor arrives to work on the street. Daily coordination and site visits by the Eden Prairie Utilities Lead responsible for water main repairs as well as periodic on-site visits/meetings with the Field Operations Supervisor and Utilities Division Manager will be expected to ensure
communication regarding support, scheduling, and outside influences are understood by all
involved. The Contractor is free to schedule these repairs with prior approval by the City to fit within the Contractor’s summer workload, provided the work does not delay or interfere with the street rehabilitation performed by another contractor. The City’s preference is for the Contractor to do all repairs within this contract in a continuous manner, but we realize that may not be
possible in every situation.
CONTRACTOR’S RESPONSIBILITIES: A. Contractor must perform all work in satisfaction of the City’s guide specifications for
Watermain Systems; Utility Excavation, Installation, and Restoration; and Street
Construction found on the City’s website (SEARCH “Guide Specifications”). B. Contractor will observe and provide for all necessary safety standards in accordance with OSHA and Minnesota OSHA.
C. Contractor will attend a preconstruction meeting with the City which may include site visits to some or all of the project sites. Materials anticipated for the project that will be provided by the City must be requested by the Contractor.
D. Contractor will provide the City with a project schedule and update the schedule when
departures from the plan cause more than one week of delay in the initial plan. E. Contractor will provide all necessary construction equipment to perform the repairs.
F. Contractor will provide all necessary labor to perform the work described in his scope of
work. G. Requests for City hydroexcavation support must be made the week prior whenever possible. This type of support is limited and may not be available for every request. Last
minute requests may be entertained, but cannot be assured.
H. Contractor will provide a current price schedule for equipment hours and labor that may be used on this project. This will only be used in determining or negotiating the calculation of expenses determined to be additional cost items outside the scope of this
contract.
Standard Construction Contract 2018 08 01 Page 17 of 17
CITY RESPONSIBILITIES:
A. City will be prepared to provide for traffic control at all project locations. B. City will provide dump trucks with operators to transport soil in or out of each project location.
C. City is responsible for providing all materials necessary for soil corrections. D. City will provide all piping system materials including: a. Stainless steel bolts and core-blu T-bolts
b. Gasket materials
c. Polyethylene encasement and wrapping tape d. Cast iron valve boxes and any necessary fittings E. City is responsible for performing or coordinating for lawn restoration, including any
landscaping or tree replacement.
F. City will provide for any necessary stormwater erosion control measures and inlet protection.
ADDITIONAL COST ITEMS: The following unanticipated conditions are not included in this proposal, and if encountered or required by the City at the time of repair, these items may be negotiated for additional billing:
A. Site dewatering
B. Soil correction (if City cannot provide) C. Pipe support D. Removal of buried obstructions E. Hauling support
F. Hazardous materials handling/removal
G. Repair of irrigation systems or drainage systems H. Tree removal or replacement I. Private Utility Locates J. Stormwater erosion control
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION: Leslie Stovring
Water Resources / Engineering
ITEM DESCRIPTION: I.C.# 19837 Approve submittal of the Annual Report to the MPCA for the Phase II NPDES
Storm Water Permit Program
ITEM NO.:
VIII.K.
Requested Action
Move to: Approve submittal of the Annual Report to the Minnesota Pollution Control Agency for the NPDES Storm Water Permit Program
Synopsis
The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control
Agency (MPCA) documenting how the City progressed on the Best Management Practices (BMPs)
outlined in our Storm Water Pollution Prevention Plan (SWPPP).
Background Information
The City’s Phase II NPDES Permit was renewed in 2013. The City’s application included a SWPPP Document with a set of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with the actions
that the City took during the previous year to meet the goals outlined in our BMPs.
Due to Covid, a number of our regular programs were cancelled or reduced in size or scope. However, the programs provided in 2020 did provide opportunities to meet our obligations under the stormwater permit program. Actions taken included items such as:
• Annual Public Meeting – The annual stormwater program informational meeting was cancelled due to Covid. In its place a second public comment period was provided to the public.
• Webinars - Four webinars were held to provide information on Zero Waste Campaign, Native Landscaping for Pollinators, Sustainable Landscaping, and Landscaping for Climate Change.
• Citizen Assisted Monitoring Program – Volunteers monitored water quality in Duck, Mitchell, Red Rock and Riley Lakes. The program is provided by the Metropolitan Council.
• City Drop Off Day – The City Drop-off was held on Saturday, June 20 at the Hennepin Technical College. It is estimated that 2,200 vehicles came to the event, the most on record. A
total of 243 tons was collected (the average is approximately 146 tons). The larger increases were seen in construction debris, electronics and appliances. In addition, 207 bicycles were collected for recycling. This, in coordination with a number of smaller targeted events, were a success and apply towards our requirement to reduce and discourage illegal dumping.
• Sustainability Commission – The Commission held a number of discussions on topics such as
planning the Arbor Day event, lake management and stormwater permit education requirements.
• Life in the Prairie Newsletter – The Newsletter was mailed to city residents quarterly. Articles included a range of topics, such as how to use See-Click-Fix; information about our new Adopt-
a-Drain program; best practices for managing yard waste; and how to minimize salt use.
• Stormwater Pond Inventory – Fieldwork for the Smetana Lake subwatershed was completed in coordination with the Nine Mile Creek Watershed District.
• Municipal Cities Stormwater Coalition (MCSC) – Participated in a coalition that was formed by cities that are required to have a Stormwater Permit. MCSC provides information and assistance regarding the permit update that was finalized in November 2020.
• Street Sweeping – All City streets are swept at a minimum of once annually.
• Water Quality Rebates – Provided rebates for nine shoreland restoration projects, eleven buckthorn removal projects and three pollinator gardens for a total of $24,582.83. Ten of these also received a grant from a watershed district.
• Updates were regularly posted on the City's Sustainable Eden Prairie website. In 2020, there
were 41,534 visits documented, a record number.
Attachment
Annual MS4 Stormwater Report
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works/Engineering
ITEM DESCRIPTION: I.C. #21818
Award Contract for Creekwood Drive Drainage Improvements to Valley-Rich Co., Inc.
ITEM NO.
VIII.L.
Requested Action Move to: Award contract for Creekwood Drive Drainage Improvements in the amount of $45,536.00.
Synopsis Original quotes were received Friday, May 21, 2021, for the Creekwood Drive Drainage Improvements project. Three quotes were received, but there was some confusion over what materials would be supplied by the City. Re-quotes were received Friday. June 4, 2021. Two
quotes were received:
Valley-Rich Co., Inc. $45,536 Parrott Contracting Inc. - $54,021.50
Background Information Creekwood Drive has experienced issues with inadequate street drainage that has damaged the pavement and caused runoff from the right-of-way to enter onto private property. The project will be paid for through Capital Stormwater Funds. Staff recommends award to Valley-Rich
Co., Inc.
Attachment Contract
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager
ITEM DESCRIPTION:
Accept Bids and Award Contract to Odesa II for the Riley Lake Park Playground Project
ITEM NO.:
VIII.M.
Motion
Move to: Accept Bids and Award Contract to Odesa II, Inc. for the Riley Lake Park Playground Project in the amount of $611,934.40. Synopsis The City has been working with our consultant, ISG, to redesign the playground and surrounding area at Riley Lake Park. This project will update the aged play structure and construct additional
gathering and seating areas that closely match those installed in the 2017 renovation project. Specifications for the construction work were prepared and the City received bids from nine contractors. Background In 2017, the City completed a renovation project for the boat launch and beach area at Riley Lake Park. At the time of this project, the play equipment in the playground was in relatively good
condition and staff decided to leave this area of the park out of the renovation project. The play equipment has now reached its useful life and staff recently hired ISG, Inc. to develop a master plan for this area for better use of this space and improve circulation into the recently renovated portion of the park. Staff worked with ISG, Inc. to prepare a renovation plan and the project was bid on May
20th and received bids from nine contractors. Bid Summary and Recommendation The summary of the bids submitted is as follows: Contractor Bid Amount Odesa II, Inc. $611,934.40 Sunram Construction, Inc. $714,456.00 Parkstone Contracting, LLC $789,231.00
Pemper Companies, Inc. $802,403.50 Hoffman & McNamara Co. $842,899.00 Integral Contracting $862,287.26 Veit & Company, Inc. $869,856.50 Urban Companies $936,249.50
LinnCo, Inc. $969,568.28 Each of the submitters has met the guidelines as detailed in the bid specifications. Staff and consulting engineer recommends the contract be awarded to Odesa II.
Funding for the construction work will come from a mix of the Capital Maintenance and
Reinvestment Budget and Cash Park Fees. The project is anticipated to begin in September with a final completion in spring of 2022. Attachments
Form of Contact with Odesa II, Inc. Letter of Recommendation from ISG, Inc.
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this 15th day of June, 2021, by and between City of Eden
Prairie hereinafter referred to as the "CITY", and Odesa II, Inc., hereinafter referred to as the
"CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for:
I.C. Riley Lake Park Playground Project
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $611,934.40. III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________
Its City Mayor __________________________________ By_______________________________ Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________
Letter of Recommendation
M A Y 2 1 , 2 0 2 1
Jay Lotthammer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
jlotthammer@edenprairie.org
Architecture + Engineering + Environmental + Planning ISGInc.com
RE: Official Notice to Proceed for Riley Lake Park Playground
Jay,
On Thursday May 20th, 2021, Bids were received for the Riley Lake Park Playground. A total of nine (9) bids were received
ranging from $611,934.40 to $969,568.28.
The apparent low bidder is Jim Janson of Odessa II, with a bid price of $611,934.40. We have confirmed that Odessa II’s bid is
complete and thorough. Therefore, we recommend approval of Odessa II’s bid.
Sincerely,
Mitchell Workmon, PLA
Landscape Architect
Mitchell.Workmon@ISGInc.com
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Accept Quotes and Approve Agreement for Contracted Services with Prairie Electric for the Installation of LED Lighting Equipment
ITEM NO.:
VIII.N.
Motion
Move to: Accept quotes and approve the Standard Agreement for Contracted Services with Prairie Electric Company, Inc. for the installation of lighting equipment as part of the Miller Park Lighting Project in the amount of $53,379.00. Synopsis As part of the City’s sustainability efforts and because of multiple failures and high cost of
maintenance of the existing fixtures, staff included in this year’s CIP a project to convert the soccer field lighting at Miller Park from old, metal halide fixtures to more efficient and easier to maintain LED fixtures. City Council recently approved a contract for the purchase of this equipment and so recently a request for quotes was sent to multiple contractors for the installation of this equipment. Staff received quotes from five contractors and a summary of
those quotes is included below:
Contractor Quote
Prairie Electric $53,379.00
Vinco, Inc. $73,547.00
Gunnar Electric $93,800.00
Gephart Electric $118,360.00
J. Becher & Associates, Inc. $123,000.00
Prairie Electric has done many projects for the City of Eden Prairie and staff is comfortable with their ability to complete the work. Funds for the purchase and install of these lights are included in the Capital Improvement Plan (Capital Maintenance and Reinvestment Fund).
Attachment Standard Agreement for Contracted Services – Prairie Electric
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 15th day of June, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Prairie Electric Company, Inc., a Minnesota Corporation (hereinafter
"Contractor") whose business address is 6595 Edenvale Blvd. Suite #120, Eden Prairie, MN
55346.
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 Agreement is to set forth the terms and conditions for the provision of services by Contractor for Miller Park Soccer Fields – Installation of Lighting System hereinafter referred to as the "Work".
The City and Contractor agree as follows: 1. Scope of Work. 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, 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. Effective Date and Term of Agreement. This Agreement shall become effective as of June
15, 2021. The Work shall be completed by August 18, 2021. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City’s no smoking policies.
e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 12
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $53,379.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement 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.
6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. 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. 8. 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
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 12
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 Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. 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, or required by law.
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
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 12
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations. g. All 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 Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the 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.
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 12
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. 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 Agreement 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 Agreement. City will indemnify and hold Contractor harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 12
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement 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 Agreement, 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 Agreement, 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.
12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or
non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City’s premises
any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 12
shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, 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. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the 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
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 12
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the 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
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 12
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. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language.
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 12
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor ___________________________________ City Manager
CONTRACTOR
By: ________________________________ Its: _______________________________
Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 12
Exhibit A
STRUCTURAL INSTALLATION OF LIGHTING SYSTEM ON EXISTING POLES A. Unloading of Lighting Equipment:
1. Installing contractor is responsible for unloading lighting equipment at time of
delivery.
2. All lighting fixtures and equipment must be placed in containers or in a secured area
until installed.
3. Protection and safe keeping of lighting equipment is the contractor’s responsibility
until all lighting equipment is mounted on poles.
B. Takedown and Removal of Existing Lighting:
1. Existing lighting fixtures, crossarms, platforms, luminaire wiring, pole wire harness,
and pole mounted electrical components shall be removed from all 12 poles and
removed from site by contractor. GFI receptacles will remain in place.
2. At owner’s request, fixtures may be retained by owner and stored at a designated
location.
3. Steps can remain on poles.
C. Installation Timing:
1. Upon owner’s approval, take down of existing lighting system and installation of the
new lighting system may commence.
2. Fields will not be in use from July 15th to August 18th, the installation will need to be
completed in this timeframe. After August 18th, the soccer fields will be in use.
D. Mounting of Lighting Equipment to Poles:
1. All fixtures, crossarms, remote electrical component enclosures, and pole wire
harnesses shall mount to poles in accord with lighting manufacturer’s
recommendations per attached drawings.
2. Factory provided pole wire harness shall be connected to luminaire wiring at top of
pole and to wiring in remote electrical component enclosure located on lower portion
of pole.
3. Pole wire harness shall be attached to “J” hooks located inside of pole with wire mesh
grips.
4. Contractor shall mount the remote electrical component enclosure at approximately a
10’ height on the poles. Contractor shall be responsible for drilling wire access (2)
into the pole with a welded coupling for mounting the remote electrical component
enclosure.
5. All wire connections shall be completed from the existing underground wiring to the
disconnect located in the remote electrical component enclosure including any
Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 12
additional wire connections in the remote electrical enclosure required to make the
electrical system operable.
E. Aiming of Light Fixtures: 1. Light fixtures are factory aimed and shall be installed in accord with the lighting
manufacturer’s recommendations.
2. Upon completion, contractor shall be responsible for an additional viewing of the
aiming by checking that all fixtures are aimed on the soccer fields and that no fixtures
appear to be aimed outside of the play area.
3. If discrepancies appear, the contractor shall notify the lighting manufacturer and the
lighting consultant to make sure any problems are addressed while contractor and lifts
are still on site.
F. Installation of Wireless Control System:
1. Contractor shall provide installation of the 14” x 14” x 8“ wireless control cabinet
(provided by owner) to be located adjacent to the existing switch gear.
2. Cabinet requires 120 volt power outlet.
3. All connections shall be made between the existing electrical system and the wireless
control cabinet to provide a complete and operable lighting system.
4. Upon completion of the installation, contractor shall check to make sure all fixtures
are operational and complete any additional commissioning of the wireless control
system in accord with the recommendations and direction of the lighting
manufacturer.
5. Contractor shall notify the owner’s representative that all work has been completed
and the lighting system is operable and ready to be tested.
G. Design Build Installation:
1. Contractor is responsible for installation of a complete and operable lighting system
in accord with these specifications.
2. The installation of the lighting system and associated wireless cabinet may require
design/build for any items not addressed in the specifications and drawings.
3. The City will provide the LED lighting fixtures, crossarms, pole wire harness, remote
electrical component enclosures (drivers, disconnect, and fusing), and wireless
control cabinet.
4. Installation shall take place in late July or early August as directed by the City of
Eden Prairie.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT / DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION:
Resolution Amending Resolution No. 2019-117 Relating to Maximum Accrual for Deferred Assessments
ITEM NO.:
VIII.O.
Requested Action Move to: Adopt Resolution Amending Resolution No. 2019-117
Synopsis In accordance with state statutes, the City of Eden Prairie has levied special assessments against
benefitting properties for the installation of roadway, stormwater, water and wastewater system improvements. Some of these special assessments have been deferred with interest at the property owner’s request. The interest on the deferred assessment is added to the principal amount until the assessments are paid.
On November 12, 2019, the Council adopted Resolution No. 2019-117, the intent of which was to cap the interest accrued on a deferred assessment to no more than the principal amount, thereby limiting the total maximum deferred assessment to twice the original levied amount. It has recently been discovered, however, that the language of Resolution No. 2019-117 instead limits the amount of interest accrued to twice the original principal amount assessed. It appears that this error was simply due to a
misunderstanding at the time the resolution was prepared. The attached resolution amends Resolution No. 2019-117 to correctly reflect the intent of the Council. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021- A RESOLUTION AMENDING RESOLUTION NO. 2019-117 WHEREAS, in accordance with Minnesota Statutes Section 429.061, the City of Eden Prairie has levied special assessments against multiple tracts of land, which assessments were deferred with interest; and
WHEREAS, by Resolution No. 2019-117, the City Council of the City of Eden Prairie found and
determined that interest accrued over time on the deferred assessments that exceeds twice the principal amount is excessive; and WHEREAS, the language of Resolution No. 2019-117 does not correctly reflect the intent of the
Council to limit interest charged on existing and future deferred assessments to an amount equal
to the original principal amount assessed, such that the total amount of principal and interest to be paid on the deferred assessments does not exceed twice the principal amount assessed. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Eden Prairie, that
Resolution No. 2019-117 is amended to read as follows:
1. Interest charged on existing and future deferred assessments shall not exceed an amount equal to the original principal amount assessed.
2. At such time as the existing deferred assessments are due and payable, the City Council
shall take action as allowed under State law to reduce interest as in accordance with this resolution. 3. In the future resolutions approving deferred assessments with interest shall contain the
condition that the interest charged shall not exceed an amount equal to the original principal
amount assessed. ADOPTED by the City Council of the City of Eden Prairie, Minnesota this 15th day of June, 2021.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
June 15, 2021
DEPARTMENT / DIVISION
City Attorney
Maggie Neuville, City Attorney
ITEM DESCRIPTION
Resolution Amending Resolution No. 2017-80 and 2017-81; Relating to Designated Community Festivals
ITEM NO.
VIII.P.
Requested Action
Move to: Adopt Resolution Amending Resolution 2017-80 Designating Community Festivals and Resolution 2017-81 Authorizing a Holder of a Retail On-Sale Intoxicating Liquor
License Issued by the City to Dispense Intoxicating Liquor at City-Designated Community Festivals. Synopsis Resolution 2016-33 designated the Hometown Celebration, the Concerts in the Park Series, Schooner Days, and Arts in the Park as community festivals. In 2017, the Council adopted Resolution No. 2017-80 amending the earlier resolution to add the Eden Prairie Community Foundation Prairie Brewfest to the list of designated community festivals. The Council also adopted Resolution No. 2017-81, which permits holders of retail on-sale intoxicating liquor licenses to dispense intoxicating liquor at the listed
community festivals with the City Manager’s approval. Community festivals are vital to creating community spirit and belonging. Community festivals allow for celebrating the many cultures and interests within the City. The Eden Prairie Lion’s Club Corn Feed serves the same purposes as the festivals previously designated in that it creates community spirit and
belonging and promotes the efforts of the Eden Prairie Lion’s Club and the work they do in the community. The attached resolution amends Resolution No. 2017-80 to add the Eden Prairie Lion’s Club Corn Feed to the list of designated community festivals, and also amends Resolution No. 2017-81 to allow holders
of retail on-sale intoxicating liquor licenses to dispense intoxicating liquor any event that is designated by Council resolution as a community festival now or in the future. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-__ RESOLUTION AMENDING RESOLUTION NO. 2017-80 DESIGNATING CITY OF EDEN PRAIRIE OFFICIAL COMMUNITY FESTIVALS AND RESOLUTION NO. 2017-81 AUTHORIZING A HOLDER OF A RETAIL ON-SALE INTOXICATING LIQUOR
LICENSE ISSUED BY THE CITY TO DISPENSE INTOXICATING LIQUOR AT CITY-DESIGNATED COMMUNITY FESTIVALS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: WHEREAS, by Resolution No. 2017-80 the City Council designated certain events as community festivals; and WHEREAS, by Resolution No. 2017-81 the City Council authorized holders of a retail
intoxicating liquor license issued by the City to dispense intoxicating liquor off premises at
specified designated community festivals; and WHEREAS, it has been proposed to designate the Eden Prairie Lion’s Club Corn Feed as a community festival; and
WHEREAS, the Eden Prairie Lion’s Club Corn Feed serves the same purposes as the festivals previously designated in that it creates community spirit and belonging and promotes the efforts of the Eden Prairie Lion’s Club and the work they do in the community.
NOW, THEREFORE, BE IT RESOLVED by the City of Eden Prairie City Council:
1. That Resolution No. 2017-80 is amended such that the following events are hereby designated as official community festivals: Hometown Celebration, the Concerts in the Park Series, Schooner Days, Arts in the Park, the Eden Prairie Community
Foundation Prairie Brewfest, and the Eden Prairie Lion’s Club Corn Feed.
2. That Resolution No. 2017-81 is amended to authorize, subject to the written approval of the City Manager for each community festival, holders of a retail intoxicating liquor license issued by the City of Eden Prairie to dispense
intoxicating liquor off premises at any event that has been designated as a
community festival by Council resolution. If the City Manager has granted approval, the City Manager is also authorized to and shall specify in writing the area in which the intoxicating liquor must be dispensed and consumed for each community festival.
ADOPTED by the City Council of Eden Prairie this 15th day of June, 2021.
________________________
Ronald A. Case, Mayor
ATTEST: ________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 15, 2021
DEPARTMENT/DIVISION: Community Development/ Economic Development Janet Jeremiah/David Lindahl
ITEM DESCRIPTION:
Local Government Resolution in support of Collagen Solutions applying to the Job Creation Fund (JCF) Program
ITEM NO.:
VIII.Q.
Requested Action Move to: Approve the Resolution supporting Collagen Solutions (us) Inc. applying for the Minnesota Department of Employment and Economic Development (DEED) - Job Creation Fund (JCF).
Synopsis Collagen Solutions is an Eden Prairie based company that produces medical-grade collagen biomaterials and tissues for use in medical devices. They intend to expand their existing space
located at 6575 City West Parkway and add another 25 employees.
Background Information The Job Creation Fund through the Minnesota Department of Employment and Economic
Development, provides financial incentives to new and expanding businesses that meet certain
job creation and capital investment targets.
Companies deemed eligible to participate may receive up to $1 million for creating or retaining high-paying jobs and for constructing or renovating facilities or making other property improvements. To begin the application for the Job Creation Fund, businesses must gain municipal approval.
Attachment
Local Government Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021 -
A RESOLUTION APPROVING THE SUPPORT OF A JOB CREATION FUND APPLICATION IN CONNECTION WITH COLLAGEN SOLUTIONS (US) INC. WHEREAS, the City of Eden Prairie, Minnesota (the “City”), desires to assist Collagen Solutions (US) Inc. located at 6575 City West Parkway in Eden Prairie, obtain funding from the Department of Employment and Economic Development (DEED) Job Creation Fund Program. WEREAS, Collagen Solutions (US) Inc. plans to lease building located at 6455 City West Parkway in
Eden Prairie and use JCF funds to help expand operations and create significant high-value manufacturing, technical, and professional jobs over the next three years. WHEREAS, the City understands that Collagen Solutions (US) Inc. through and with the support of the City, intends to submit to the Minnesota Department of Employment and Economic Development an
application for an award and/or rebate from the Job Creation Fund Program; and, WHEREAS, the City of Eden Prairie held a city council meeting on June 15, 2021 to consider this matter. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City Council of
the City of Eden Prairie, Minnesota, hereby adopts the following findings of fact related to the project proposed by Collagen Solutions (US) Inc. and its application for an award and/or rebate from the Job Creation Fund Program and express their approval. The City Council hereby finds and adopts the reasons and facts supporting the following findings of fact for
the approval of the Job Creation Fund Program application:
1. Finding that the project is in the public interest because it will encourage the growth of commerce
and industry, prevent the movement of current or future operations to locations outside Minnesota,
result in increased employment in Minnesota, and preserve or enhance the state and local tax base;
• Collagen Solutions (US) Inc. has indicated that JCF funding is necessary to offset the cost of
the tenant improvements and equipment at their Eden Prairie facility and will help support
up to 20-25 new jobs over the next three years.
2. Finding that the proposed project, in the opinion of the City Council, would not reasonably expected
to occur solely through private investment within the reasonably foreseeable future;
• Collagen Solutions (US) Inc. has stated it needs to broaden its current footprint and range of
services in order to capitalize on its recent success and to remain competitive in a growing
market, and to offer its U.S. customers an Eden Prairie, Minnesota base of manufacturing
operations, offering its customers a sustainable supply within U.S. borders, to complement its
existing UK and New Zealand-based operations. This would be the first investment in U.S.-
based manufacturing operations in the company’s combined history.
• Collagen Solutions (US) Inc. has indicated that without the JCF funding it would invest less
aggressively in the U.S. and Eden Prairie, Minnesota and not have the opportunity to create
extra capacity to attract new customers and create local job opportunities.
3. Finding that the proposed project conforms to the general plan for the development or redevelopment
of the City as a whole;
• Collagen Solutions (US) Inc.’s proposed facility located at 6455 City West Parkway, Eden Prairie and its proposed expansion is a consistent with the City’s Comprehensive Plan.
4. Finding that the proposed project will afford maximum opportunity, consistent with the sound needs
of the City as a whole, for the redevelopment or development of the project by private enterprise;
• Collagen Solutions (US) Inc.’s facility located at 6455 City West Parkway, Eden Prairie and its proposed expansion plans are consistent with the City’s Comprehensive Plan.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of June 2021.
____________________________________
Ronald A. Case, Mayor
ATTEST: SEAL
______________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Beth Novak-Krebs
ITEM DESCRIPTION:
Morimoto CityHomes
ITEM NO.:
IX.A.
Requested Action Move to:
• Close the Public Hearing; and
• Adopt the Resolution for a Planned Unit Development Concept Review on 2.85 acres
• Approve the 1st Reading of the Ordinance for the Planned Unit Development District Review with waivers on 2.85 acres and Zoning District Change from Rural to RM-6.5 on 2.85 acres
• Adopt a Resolution for the Preliminary Plat to create 16 lots and 3 outlots on 2.85 acres.
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The property at 9360 Hennepin Town Road is 2.85 acres and currently includes a single family home. The land is generally flat with a small wetland on both the west and east side of the property. The eastern 2/3 of the property is wooded with some trees around the perimeter of the property. The applicant is requesting approval to construct 16 owner-occupied townhome units in groups of 3, 4 and
5 units. Surrounding land uses include residential and commercial to the north, residential to the west and residential and open space to the south. Hennepin Town Road and Highway 169 run along the east side of the property. The majority of the homes in the immediate residential neighborhood are ramblers and split level homes. The proposed units are two stories with two-car garages facing the main drive into the site.
Background The property is guided Medium Density Residential. The applicant is requesting to rezone the property from Rural to RM-6.5 zoning. The proposed density of 5.6 units per acre is consistent with
the maximum density in the Comprehensive Plan (5 to 14 units per acre) and with the zoning (6.7 units per acres). The zoning is consistent with the Comprehensive Plan guiding. Project Details The applicant is proposing a preliminary plat that would create one lot for each of the townhomes, one
outlot for each wetland and one outlot for common areas (i.e. drive, parking, and greenspace areas).
The applicant is proposing to deed the outlots containing the wetlands to the City. The City will maintain and preserve the wetlands. The proposal includes one building with 3 attached townhome units, two buildings with 4 attached
townhomes each and one building with 5 attached townhomes. The buildings are situated parallel to the south and north property lines between the two wetlands on the property. The garages with face
inward with a private drive providing access to the driveways. The front of the townhomes will face
the south and north property lines. The only vehicular access to the site is from Hennepin Town Road
with the access drive coming into the site with a turnaround at the end of the drive. Each unit has a two-car garage and parking in the driveway. The plan includes 7 visitor parking spaces. The plan also includes a 4 foot wide woodchip trail around the wetland in the rear of the property. Seating areas are proposed to be located along the trail.
Although buildings in the RM-6.5 zoning district are exempt for the building material and articulation requirements, the portion of the buildings facing the north and south property lines include building articulation and color variations providing visual variety and gives each unit is own unique look. In an effort to create some depth along the garage façade of the buildings, the applicant has included a porch
roof over the entrance next to the overhead garage door to provide shelter from the elements, but also
provide some visual variety along the garage façade.
Affordability The developer has voluntarily committed to providing 20 percent affordable units (4 units) in the
development without a request for any City subsidy. These units will be restricted to households earning approximately 115% of the area median income or less, offering new affordable owner-occupied opportunities not often seen in the community. Staff is currently working with the City Attorney and developer on a legal mechanism that will aim to keep the homes affordable for a
specified time period even if resold by the initial homebuyer.
Traffic
Hennepin Town Road is designated as a Major Collector on the eastern boundary of the property and
provides access to the property. There could be a total of 117 trips per day for the property. Based on
the classification of Hennepin Town Road, the capacity range of a major collector is 1,100 – 6,300 vehicles per day. This varies depending on proper driveway spacing, lane width, speed limit, pedestrian facilities and access. The average daily traffic counted on Hennepin Town Road in 2016 was 3,444. The development will generate very low peak hour traffic volumes and will have a
negligible impact on the operations of the adjacent roadway.
Planned Unit Development Waivers The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of
environment available to people and distribution of overall density of population and intensity of land
use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD, the applicant is seeking waivers to City Code requirements as outlined below.
1. Minimum Lot Size
City Code requires a minimum lot size of 3,000 square feet. The applicant is requesting a minimum lot size of 1,920 square feet for Lots 2, 5, 6, Block 1 and Lots 2, 3, 6, 7, 8 Block 2 and a minimum of 2,220 square feet for Lots 1, 3, 4, 7, Block 1 and Lots 1, 4, 5, 9, Block 2. The City has approved similar waivers for other townhomes in the City.
2. Minimum Lot Depth
City Code requires a minimum lot depth of 100 feet. The applicant is requesting a minimum lot depth of 60 feet for each of the lots. The City has approved similar waivers for other townhomes in the City. 3. Group Usable Open Space – City Code requires 1,000 square feet of group usable open space
per unit. The applicant is requesting a waiver to reduce the group usable open space to 94
square feet per unit. Group usable open space is defined as land area and facilities designated for group recreation or social activities. The applicant is proposing to provide a woodchip trail with seating areas around the wetland at the back of the property. The property has direct access to the existing trail along Hennepin Town Road, which connects to a broader trail
system, parks and open spaces.
The waiver request is consistent with recently approved waivers for group usable open space as shown in the following table:
Project Zoning Number of Units Area of Group Usable Open Space (GUOS) Required Per Unit (Sq. Ft.)
Total Area of GUOS Required (Sq. Ft.)
Total Area of GUOS Provided (Sq. Ft.)
Per Unit GUOS Approved by Waiver (Sq. Ft.)
Southview RM-2.5 116 600 69600 14954 129
Prairie Bluffs Senior Living RM-2.5 138 600 82800 28875 209
Trail Point Ridge RM-2.5 58 600 34800 23374 403
Sheldon Place RM-6.5 10 1000 10000 280 28
Castle Ridge RM-2.5 274 600 164400 47402 173
Paravel RM-2.5 245 600 147000 32830 134
Morimoto CityHomes RM-6.5 16 1000 16000 1500 94 proposed
4. Parking Stall Depth and Drive Aisle Width - City Code requires parking stalls to have
dimensions of 9 feet wide by 19 feet deep with a drive aisle width of 25 feet. The applicant is
requesting a waiver to allow a parking stall depth of 18 feet with a drive aisle of 24 feet. The requested waiver is consistent with similar waivers approved for other projects. A 9 foot wide by 18 foot deep parking stall and a 24 foot wide drive aisle are functional for parking and maneuvering.
5. Lots Without Street Frontage City Code requires all lots to have frontage on a public street. The applicant is requesting a waiver because the lots for each individual unit do not have frontage on a public street. The overall project does have frontage on a public street.
Landscape and Tree Replacement The project requires 110 caliper inches for landscaping and the plan includes 117 caliper inches. The plan also includes shrubs, ornamental grasses and perennials to complete the overall landscaping on the site. The project requires 504 caliper inches for tree replacement. The plan includes 534 caliper
inches. For some of the trees proposing to be saved, grading adjustments may be needed in order to ensure that 60% of the tree roots are unaffected. Rather than putting a note on the plan and making grading adjustments in the field, staff is recommending a condition that the grading plan be revised to reflect
these changes prior to the 2nd reading at Council. Sidewalks and Trails There is an existing paved trail along the west side of Hennepin Town Road. The proposal includes a sidewalk from the first driveway on the south side of the drive to the paved trail on Hennepin Town
Road. This will provide residents access to commercial uses to the north and to a more extensive trail system. This provides a dedicated space to walk rather than using the drive lane. The applicant is proposing a 4 foot wide woodchip trails and seating areas around the wetland in the rear of the property.
Neighborhood and Resident Input On April 1st, 2021 the applicant conducted a neighborhood meeting. A notification was sent out to all property owners within a 500’ radius boundary. The meeting was conducted via Zoom and a complete recording of the meeting is available. About 8 people were in attendance. The primary question of
concern was about mature tree preservation along the property lines. The other questions were about unit design, height, drive location, visibility of the structures from the neighboring parcels and pricing. Sustainability The applicant is proposing a number of sustainable features in this project as listed below:
• At the Planning Commission meeting, the developer volunteered to install wiring for Electric
Vehicle charging stations in each garage.
• Meet or exceed all state building codes for energy efficiency
• Preservation and enhancement of the wetlands located on site
• Utilize extensive plantings with a variety of sustainable species that promote the quality of air, water and soil on site
• Explore opportunities for solar grants and potential partnership with the electricity utility (Xcel Energy) for solar installation at time of construction
• Use sustainability sensitive building materials in the construction process. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at the May 24, 2021
meeting.
Attachments 1. Ordinance for PUD and Rezoning
2. Resolution for PUD Concept Review
3. Resolution for Preliminary Plat 4. Staff Report 5. Land Use Map 6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
MORIMOTO CITY HOMES
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2021-PUD-_-2021
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, 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 land be removed from
the Rural Zoning District and be placed in the RM-6.5 Zoning District.
Section 3. That action was duly initiated proposing that the designation of the land be amended within the RM-6.5 Zoning District as -2021-PUD-_-2021 (hereinafter "PUD-_-2021”).
Section 4. The City Council hereby makes the following findings:
A. PUD-_-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2021 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-_-2021 are justified by the design of the
development described therein.
D. PUD-_-2021 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and placed in the RM-6.5 Zoning District respectively
as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-
2021 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of entered into between Hennepin CityHomes LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2021, and are hereby made a part hereof.
Section 7. 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 8. 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 15th day of June, 2021, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the ____ day of
________, 2021.
ATTEST:
__________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on__________________, 2021.
EXHIBIT A
Legal Description:
Rezoned from Rural to RM-6.5 Legal Description Prior to Final Plat A tract of land in the Southeast Quarter of Section 24, Township 116, Range 22, Hennepin
County, Minnesota, described as follows: Commencing at the Southeast corner of said Section
24, and thence West along the South line of said Section a distance of 648.0 feet; thence North and parallel to the East line of said Section a distance of 205.0 feet; thence East and parallel to the South line of described tract a distance of 410.0 feet; thence North and parallel to said east line a distance of 10.0 feet; thence East and parallel to said South line a distance of 238.0 feet to
said East line; thence South along said East line a distance of 215.0 feet to the point of
beginning, which lies Easterly of a line drawn parallel with and distant 51 feet Westerly of the East line of the Southeast Quarter of Section 24, Township 116, Range 22, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property
Legal Description After the Final Plat Lots 1-7, Block 1, Lots 1-9, Block 2, and Outlots A, B, C, Morimoto CityHomes, Hennepin
County, Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MORIMOTO CITYHOMES
FOR HENNEPIN CITYHOMES LLC
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on May 24, 2021,
on Morimoto CityHomes by Hennepin CityHomes LLC and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on June 15, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Morimoto CityHomes, being in Hennepin County, Minnesota, legally described as
outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated June 7, 2021.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated May 24, 2021.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of June, 2021.
_______________________
Ronald A. Case, Mayor
ATTEST:
______________________________ Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description Prior to Final Plat
A tract of land in the Southeast Quarter of Section 24, Township 116, Range 22, Hennepin
County, Minnesota, described as follows: Commencing at the Southeast corner of said Section
24, and thence West along the South line of said Section a distance of 648.0 feet; thence North and parallel to the East line of said Section a distance of 205.0 feet; thence East and parallel to the South line of described tract a distance of 410.0 feet; thence North and parallel to said east
line a distance of 10.0 feet; thence East and parallel to said South line a distance of 238.0 feet to
said East line; thence South along said East line a distance of 215.0 feet to the point of beginning,
which lies Easterly of a line drawn parallel with and distant 51 feet Westerly of the East line of
the Southeast Quarter of Section 24, Township 116, Range 22, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property
Legal Description After the Final Plat
Lots 1-7, Block 1, Lots 1-9, Block 2, and Outlots A, B, C, Morimoto CityHomes, Hennepin County, Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF MORIMOTO CITYHOMES FOR HENNEPIN CITYHOMES LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Morimoto CityHomes for Hennepin CityHomes LLC stamp dated June 7, 2021, and consisting of 2.84 acres into 16 lots and 3 outlots, a copy of which is on file at
the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and
Platting ordinances, and amendments thereto, and is herein approved subject to approval of the
2nd reading of the Ordinance for the Planned Development District Review with waivers and a
Zoning District change and approval of the Development Agreement.
ADOPTED by the Eden Prairie City Council on the 15th day of June, 2021.
_______________________________ Ronald A. Case, Mayor
ATTEST:
__________________________ Kathleen Porta, City Clerk
SITE
STAFF REPORT TO: Planning Commission
FROM: Beth Novak-Krebs, Senior Planner
DATE: May 20, 2021
SUBJECT: Morimoto CityHomes
LOCATION: 9360 Hennepin Town Road
REQUEST: • Planned Unit Development Concept Review on 2.85 acres
• Planned Unit Development District Review with waivers on 2.85 acres
• Zoning District Change from Rural to RM-6.5 on 2.85 acres
• Site Plan Review on 2.85 acres
• Preliminary Plat to create 16 lots and 3 outlots on 2.85 acres
BACKGROUND The property at 9360 Hennepin Town Road is 2.85 acres and currently includes a single family home. The land is generally flat with
a small wetland on both the west and east
side of the property. The eastern 2/3 of the
property is wooded with some trees around
the perimeter of the property. The applicant is requesting approval to
construct 16 owner-occupied townhome
units. The property is located on the west
side of Hennepin Town Road ¼ mile south
of Anderson Lakes Parkway.
Surrounding land uses include residential and commercial to the north, residential to
the west and residential and open space to
the south. Hennepin Town Road and
Highway 169 run along the east side of the
property. The majority of the homes in the immediate residential neighborhood are ramblers and split level homes.
The proposal includes two-story attached townhomes in groups of 4 and 5 units.
COMPREHENSIVE PLAN AND ZONING The property is guided Medium Density Residential in Aspire 2040, which allows a density of 5 to 14 units per acre. The proposed density is 5.6 units per acre, which is consistent with the density ranges provided in
Staff Report – Morimoto CityHomes
Page 2
2
the Comprehensive Plan guiding and the proposed zoning. The property is zoned Rural. The applicant is
requesting to rezone the property to RM-6.5. The proposed zoning is consistent with the guiding of the
property.
The property is identified as an infill site on the Infill Development Sites Map in the Aspire 2040 Plan. Through the Aspire process, the City Council discussed infill development sites noting that proposed
development should address a variety of items such as, existing environment and character of the
surrounding developments, pedestrian and vehicular connections, and housing product type in order to
provide lifecycle housing options for the community.
PREVIOUS PROPOSAL
On July 13, 2020, the City reviewed a previous proposal for the property called The Lofts at Anderson
Reserve. The Planning Commission recommended approval to the City Council, but the application was
withdrawn before the 1st Reading before the Council because the project was not awarded the tax credits needed to finance the project. The previous proposal included a three story building with 52 units at a density of 18.25 units per acre. The project included underground parking and 50 surface parking stalls. The
current Morimoto CityHomes proposal includes 16 owner-occupied townhomes that are two story with two
car garages. The proposed density is 5.6 units per acre. The current project is proposed to generate 117
weekday daily vehicle trips, which is 166 fewer than The Lofts project. The current project requires 32
parking stalls, which is 72 fewer parking stalls than The Lofts project. The two car garages can accommodate all of the required parking and there is no need for a large surface parking lot. The proposed project includes 7 surface parking stalls for visitors.
Total
Units
Density
(Units/Acre)
Total
Weekday
Daily Vehicle
Trips
Parking
Required
Number
of
Stories
Building
Height (Ft).
*Population
Morimoto
CityHomes
Proposal
16 5.6 117 32 2 24 40
The Lofts at
Anderson Reserve
Previous Proposal
52 18.25 283 104 3 40 130
Difference 36 12.65 166 72 1 16 90
* The population numbers are based on an average of 2.5 persons per household.
Staff Report – Morimoto CityHomes
Page 3
3
PRELIMINARY PLAT
The applicant is proposing a preliminary plat that would create one lot for each of the townhomes, one outlot
for each wetland and one outlot for common areas (i.e. drive, parking, and greenspace areas). The applicant
is proposing to deed the outlots containing the wetlands to the City. The City will maintain and preserve the wetlands.
SITE PLAN
The proposal includes 3 buildings with 4 attached townhomes each and one building with 5 attached
townhomes. The buildings are situated parallel to the south and north property lines between the two
wetlands on the property. The garages with face inward with a private drive providing access to the
driveways. The front of the townhomes will face the south and north property lines. The only vehicular
access to the site is from Hennepin Town Road with the access drive coming into the site with a turnaround at the end of the drive. A fence is proposed between the end of the turnaround and the north property line to provide screening. Each unit has a two-car garage and parking in the driveway. The plan includes 7 visitor
parking spaces. The plan also includes a 4 foot wide woodchip trail around the wetland in the rear of the
property. Seating areas are proposed to be located along the trail.
Staff Report – Morimoto CityHomes
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4
BUILDING ARCHITECTURE
Although buildings in the RM-6.5 zoning district are exempt for the building material and articulation
requirements, the portion of the buildings facing the north and south property lines include building
articulation and color variations providing visual variety and gives each unit is own unique look. The garages face inward, but the entrances next to the garage doors will essentially function as the main
entrance into the units. As a result, the functionality and the aesthetics are important. Staff has been
working with the applicant to improve the functionality and aesthetics of the garage side of the
buildings. The original plan included in the packet has an arched dormer over the entrances next to the
garage doors as depicted in the drawings below. In an effort to create some depth along the garage facade, staff suggested adding a porch roof over the entrance to provide shelter from the elements, but also provide some visual variety along the garage façade. The applicant incorporated the change as seen
on the revised building elevation provided on the next page and included as separate sheet in the packet.
Garage Elevation with Curved Dormer above Door
Arched dormer feature
Staff Report – Morimoto CityHomes
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5
AFFORDABILITY
The developer has voluntarily committed to providing 20 percent affordable units (4 units) in the
development without a request for any City subsidy. These units will be restricted to households earning
approximately 115% of the area median income or less, offering new affordable owner-occupied
opportunities not often seen in the community. Staff is currently working with the City Attorney and developer on a legal mechanism that will aim to keep the homes affordable for a specified time period even if resold by the initial homebuyer.
TRAFFIC
Hennepin Town Road is designated as a Major Collector on the eastern boundary of the property and
provides access to the property. Hennepin Town Road provides access to Highway 169 via the interchanges at Anderson Lakes Parkway and Pioneer Trail. The proposal includes one access point to the property and does not connect with any neighboring local streets.
The applicant submitted data about the anticipated number of vehicle trips going into and coming out of the
property. The information is gathered from the ITE Trip Generation manual. The information from the
manual indicates the site is estimated to generate 2 entering and 5 exiting trips during the morning traffic peak and 6 entering and 3 exiting trips during the afternoon traffic peak hour. There could be a total of 117 trips per day for the property.
A collector road or distributor road is a low-to-moderate-capacity road which serves to move traffic from
local streets to arterial roads. Unlike arterials, collector roads are designed to provide access to
residential properties.
Based on the classification of Hennepin Town Road, the capacity range of a major collector is 1,100 – 6,300 vehicles per day. This varies depending on proper driveway spacing, lane width, speed limit,
pedestrian facilities and access. The average daily traffic counted on Hennepin Town Road in 2016 was
3,444. The development will generate very low peak hour traffic volumes and will have a negligible impact
Revised Garage Elevation with Roof Overhang at Door
Staff Report – Morimoto CityHomes
Page 6
6
on the operations of the adjacent roadway.
PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land
use where desirable and feasible; and provide for greater creativity and flexibility in environmental
design.
As a part of the PUD, the applicant is seeking waivers to City Code requirements as outlined below.
1. Minimum Lot Size
City Code requires a minimum lot size of 3,000 square feet. The applicant is requesting a
minimum lot size of 1,920 square feet for Lots 2, 5, 6, Block 1 and Lots 2, 3, 6, 7, 8 Block 2 and
a minimum of 2,220 square feet for Lots 1, 3, 4, 7, Block 1 and Lots 1, 4, 5, 9, Block 2. The City
has approved similar waivers for other townhomes in the City. 2. Minimum Lot Depth City Code requires a minimum lot depth of 100 feet. The applicant is requesting a minimum lot
depth of 60 feet for each of the lots. The City has approved similar waivers for other townhomes
in the City.
3. Group Usable Open Space – City Code requires 1,000 square feet of group usable open space per unit. The applicant is requesting a waiver to reduce the group usable open space to 94 square feet per unit. Group usable open space is defined as land area and facilities designated for group recreation or
social activities. The applicant is proposing to provide a woodchip trail with seating areas around the
wetland at the back of the property. The property has direct access to the existing trail along
Hennepin Town Road, which connects to a broader trail system, parks and open spaces.
The waiver request is consistent with recently approved waivers for group usable open space as shown in the following table:
Project Zoning Number of Units Area of Group Usable Open Space
(GUOS) Required
Per Unit (Sq. Ft.)
Total Area of GUOS
Required (Sq.
Ft.)
Total Area of GUOS
Provided
(Sq. Ft.)
Per Unit GUOS Approved by
Waiver (Sq. Ft.)
Southview RM-2.5 116 600 69600 14954 129
Prairie Bluffs Senior Living RM-2.5 138 600 82800 28875 209
Trail Point Ridge RM-2.5 58 600 34800 23374 403
Sheldon Place RM-6.5 10 1000 10000 280 28
Castle Ridge RM-2.5 274 600 164400 47402 173
Paravel RM-2.5 245 600 147000 32830 134
Morimoto CityHomes RM-6.5 16 1000 16000 1500 94 proposed
Staff Report – Morimoto CityHomes
Page 7
7
4. Parking Stall Depth and Drive Aisle Width - City Code requires parking stalls to have dimensions
of 9 feet wide by 19 feet deep with a drive aisle width of 25 feet. The applicant is requesting a
waiver to allow a parking stall depth of 18 feet with a drive aisle of 24 feet. The requested waiver is
consistent with similar waivers approved for other projects. A 9 foot wide by 18 foot deep parking stall and a 24 foot wide drive aisle are functional for parking and maneuvering.
5. Lots Without Street Frontage City Code requires all lots to have frontage on a public street. The applicant is requesting a waiver because the lots for each individual unit do not have frontage on a public street. The overall project
does have frontage on a public street. LANDSCAPE AND TREE REPLACEMENT PLAN
The project requires 110 caliper inches for landscaping. The project includes foundation plantings and trees
along the drive. The caliper inches proposed for landscaping is 117, which exceeds City Code requirements.
The plan also includes shrubs, ornamental grasses and perennials to complete the overall landscaping on the
site.
The project requires 504 caliper inches for tree replacement. The plan includes 534 caliper inches for tree replacement. For some of the trees proposing to be saved, grading adjustments may be needed in order to
ensure that 60% of the tree roots are unaffected. Rather than putting a note on the plan and making grading
adjustments in the field, staff is recommending a condition that the grading plan be revised to reflect these
changes prior to the 1st reading at Council.
SIDEWALKS AND TRAILS There is an existing paved trail along the west side of Hennepin Town Road. The proposal includes a
sidewalk from near the visitor parking to the trail. This will provide residents access to commercial uses to
the north and to a more extensive trail system. Staff recommends that the proposed sidewalk be extended
down to the first unit on the south side of the drive. This would allow pedestrian a safer space to walk in than
the drive lanes. The applicant is proposing a 4 foot wide woodchip trails and seating areas around the wetland in the rear of
the property. This provides for passive recreational opportunities.
DRAINAGE The existing parcel consists of a single family residential home, while the remainder is generally wooded.
The parcel currently drains to two on-site wetlands. The wetlands ultimately drain to the east under Hennepin Town Road to Woodbridge Marsh in Bloomington.
The proposed development will direct runoff from impervious surfaces to two underground stormwater
filtration systems located beneath the turnaround and one beneath the entrance and green space along the
north property line. The filtration systems remove stormwater pollutants and provide rate control for the
stormwater discharges. A stormwater reuse system also collects runoff in a cistern for use for on-site
Staff Report – Morimoto CityHomes
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8
irrigation.
The filtration systems discharge to Wetland 24-44-B. This wetland is being slightly regraded to create
additional storage to account for the additional influx of stormwater discharge from the increased impervious surface. The graded area within the wetland buffer is proposed to be restored with native grasses. The developer has indicated that grading around Wetland 2 will not impact the hydrology to the point of
changing the wetland Type or functions. The developer has indicated that the western wetland will not be
impacted by the development.
LIGHTING The proposed lighting plan includes (8) 14-foot tall pole lights to provide lighting for the visitor parking, turnaround, and drive into the site. The lighting exceeds .5 footcandles in a few locations at the property line
for the outlots containing the wetlands. The conditions of approval include a requirement that the Lighting
Plan must be revised prior to the 1st reading at Council.
SIGNS The applicant is proposing a sign at the entrance into the site. The applicant is required to have a sign at the entrance into the site that includes addresses for emergency vehicle purposes. All proposed signs will require
review and approval through the sign permit process and compliance with Section 11.70.
UTILITIES There is an existing water main along Hennepin Town Road with service available to the subject
property. The applicant is proposing to connect water service to the water main. The water main has capacity to accommodate the development.
The closest existing sanitary sewer main is approximately 160 feet north of the property in Clark Circle. The
applicant is proposing to connect to the main located in Clark Circle and extend a sewer to the subject
property through an existing drainage and utility easement. There is capacity in the sanitary sewer main for
the proposed development. The applicant is proposing a private lift station to get flows to a forcemain and back to Clark Circle.
Each unit is required to have separate sanitary sewer and water services. The Utility Plan shows separate
services.
NEIGHBORHOOD MEETINGS AND RESIDENT INPUT On April 1st, 2021 the applicant conducted a neighborhood meeting. A notification was sent out to all property owners within a 500’ radius boundary. The meeting was conducted via Zoom and a complete
recording of the meeting is available. About 8 people were in attendance. The primary question of concern
was about mature tree preservation along the property lines. The other questions were about unit design,
height, drive location, visibility of the structures from the neighboring parcels and pricing.
Staff Report – Morimoto CityHomes
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SUSTAINABILITY
The applicant is proposing a number of sustainable features in this project as listed below:
• Meet or exceed all state building codes for energy efficiency
• Preservation and enhancement of the wetlands located on site is of paramount importance, not only
to promote the enjoyability of the future inhabitants, but to protect its existing inhabitants.
• Utilize extensive plantings with a variety of sustainable species that promote the quality of air, water
and soil on site
• Explore opportunities for solar grants and potential partnership with the electricity utility (Xcel
Energy) for solar installation at time of construction
• Use sustainability sensitive building materials in the construction process.
STAFF RECOMMENDATION Recommend approval of the following requests:
• Planned Unit Development Concept Review on 2.85 acres
• Planned Unit Development District Review with waivers on 2.85 acres
• Zoning District Change from Rural to RM-6.5 on 2.85 acres
• Site Plan Review on 2.85 acres
• Preliminary Plat to create 16 lots and 3 outlots on 2.85 acres
This is based on plans stamp dated April 20, 2021, staff report dated May 20, 2021 and the following
conditions: 1. Prior to the 1st reading before the City Council, the applicant shall:
A. Revise the Grading Plan for the areas around the trees being saved to ensure that at least
60% of the tree roots are unaffected by grading operations.
B. Revise the Zoning Notes on the Site Plan to include the following: allowable density per
Comp. Plan: 5-14 dwelling units per acre and proposed density 5.6 units per acre. C. Revise all of the renderings to reflect the changes to the building articulation along the garage side of the buildings.
D. The lighting exceeds .5 footcandles in several locations along the property lines of the
outlots containing the wetlands. The plan must be revised to meet the standards. The
Lighting Plan should also be revised by indicating that the fixtures are downcast.
E. The Site Plan must be revised by extending the sidewalk down to the first unit on the south side of the drive. F. The curb stops must be included within the drainage and utility easements. The drainage
and utility easement must be revised accordingly on the plat.
G. Outlet Structure MH-1 Has a 4-inch orifice within the weir wall. Small diameter orifices
can be prone to clogging. Please evaluate if a larger diameter orifice (≥8-inches) or
alternate weir wall configurations (V-notch weir) can be utilized.
Staff Report – Morimoto CityHomes
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H. Two wetlands were identified on site. Current plans appear to match the previous plans
and do not indicate any impacts to the wetlands during construction. If grading into
wetlands is required for stormwater treatment, a revised Joint Permit Application for the
impacts will be required. I. All documentation (including final grading plans) must include the water body identification number, if present. Any new infiltration or stormwater treatment areas must
be given a Water Body Identification Number(s). Contact Leslie Stovring to obtain the
water body identification numbers.
J. Snow storage areas must not be located within the wetlands or wetland buffer areas.
2. Prior to release of the Final Plat, the applicant shall A. Sign special assessment agreement for City trunk sewer and water assessment fees and
connection fees and pay deferred assessments.
B. Submit detailed storm water runoff, utility and erosion control plans for review by the
City Engineer and Watershed District.
C. A No Build Agreement for outlot B shall be prepared for review and approval by the Building Official. The No Build Agreement shall be filed prior to the issuance of the first building permit. D. Provide copies of legal documents, either in Homeowners Association format or private
covenant and agreement format to be approved by the City that shall address the
following:
• Describe the long term private maintenance or replacement agreement for the
retaining walls.
• Insertion of language in the documents that relinquishes the City of Eden Prairie from
maintenance or replacement of the retaining walls.
E. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion of all public improvements equivalent to 125% of the cost of the improvements.
3. Prior to land alteration permit issuance, the applicant shall:
A. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for
review and approval by the City Engineer.
B. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the cost of
the landscaping. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading.
E. Install erosion control at the grading limits of the property for review and approval by the
City.
F. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the
cost of the land alteration. G. The well and septic shall be removed in accordance with all applicable requirements. H. Submit a wetland protection bond, letter of credit, or escrow surety equivalent to 150% of
Staff Report – Morimoto CityHomes
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the wetland plan requirements included in the Development Agreement.
4. Prior to building permit issuance for the property, the applicant shall:
A. Pay the appropriate cash park fees. B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat.
C. Submit construction plans and project specifications for public infrastructure for review
and approval by the City Engineer.
5. The following waivers have been granted through the PUD District Review for the project as indicated in the plans stamp dated April 20, 2021. A. Minimum Lot Size City Code requires a minimum lot size of 3,000 square feet. The applicant is requesting a
minimum lot size of 1,920 square feet for Lots 2, 5, 6, Block 1 and Lots 2, 3, 6, 7, 8
Block 2 and a minimum of 2,220 square feet for Lots 1, 3, 4, 7, Block 1 and Lots 1, 4, 5,
9, Block 2. The City has approved similar waivers for other townhomes in the City.
B. Minimum Lot Depth City Code requires a minimum lot depth of 100 feet. The applicant is requesting a minimum lot depth of 60 feet for each of the lots.
C. Group Usable Open Space –
City Code requires 1000 square feet of group usable open space per unit. The applicant is
requesting a waiver to reduce the group usable open space to 94 square feet per unit. Group usable open space is defined as land area and facilities designated for group recreation or social activities. The applicant is proposing to provide a woodchip trail with seating areas around the wetland at the back of the property. The property has direct access to the existing
trail along Hennepin Town Road, which connects to a broader trail system, parks and open
spaces.
D. Parking Stall Depth and Drive Aisle Width - City Code requires parking stalls to have dimensions of 9 feet wide by 19 feet deep with a drive aisle width of 25 feet. The applicant
is requesting a waiver to allow a parking stall depth of 18 feet with a drive aisle of 24 feet.
The requested waiver is consistent with similar waivers approved for other projects. A 9 foot
wide by 18 foot deep parking stall and a 24 foot wide drive aisle are functional for parking
and maneuvering.
E. Lots Without Street Frontage
City Code requires all lots to have frontage on a public street. The applicant is requesting a waiver because the lots for each individual unit do not have frontage on a public street. The
overall project does have frontage on a public street.
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DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008
Guide Plan Map: Morimoto CityHomesAddress: 9360 Hennepin Town RoadEden Prairie, Minnesota
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
CityLimits
410 0 410205 Feet
Date Approved: 10-01-2019
Project Site
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In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail.
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Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2020
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DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008
Zoning Map: Morimoto CityHomesAddress: 9360 Hennepin Town RoadEden Prairie, Minnesota
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
TOD-E
TOD-R Transit Oriented Development - Residential Transit Oriented Development - Residential
TOD-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Parks and Open Space
Golf Course
Water
Right of Way
Current zoning - Rural, Proposing to rezone to RM-6.5
Project Site
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Aerial Map: Morimoto CityHomesAddress: 9360 Hennepin Town RoadEden Prairie, MN 55347
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Project Site
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MAY 24, 2021 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, William Gooding, Robert Taylor CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer I. CALL THE MEETING TO ORDER
Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent was commission member Markos.
III. APPROVAL OF AGENDA
MOTION: Higgins moved, seconded by Kirk to approve the agenda. MOTION
CARRIED 8-0.
IV. MINUTES
MOTION: Taylor moved, seconded by Farr to approve the minutes of May 10, 2021.
MOTION CARRIED 8-0.
V. PUBLIC HEARINGS
A. HOLIDAY CONVENIENCE STORE AND AUTO CARE WORLD SERVICE CENTER Request for:
• Planned Unit Development Concept Review on 3.96 acres
• Planned Unit Development District Review with waivers on 3.96 acres
• Site Plan Review on 3.96 acres
• Preliminary Plat of 2 lots on 3.96 acres
Klima announced insufficient public notice had been given to residents within 500 feet of the development and recommended the commission members continue the public hearing to the June 14, 2021 meeting.
PLANNING COMMISSION MINUTES May 24, 2021
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MOTION: Kirk moved, seconded by DeSanctis to continue the public hearing to
June 14, 2021. MOTION CARRIED 8-0. B. MORIMOTO CITY HOMES Request for:
• Planned Unit Development Concept Review on 2.84 acres
• Planned Unit Development District Review with waivers on 2.84 acres
• Zoning Change from Rural to RM-6.5 on 2.84 acres
• Site Plan Review on 2.84 acres
• Preliminary Plat to divide one lot into 16 lots and 3 outlots on 2.84 acres Steve Furlong, of Hennepin CityHomes LLC presented a PowerPoint and detailed
the application. The site was currently zoned Rural and was guided in the Comprehensive Plan as Medium Density Residential, hence the rezoning request. This allowed a maximum of 6.7 units per acre. The request was for 16 units on a 2.85-acre site.
The proposal would include two-story attached townhomes in groups of three, four and five units. The buildings were situated parallel to the south and north property lines between the two wetlands on the property. The two-car garages would face inward with a private drive providing access to the driveways. The front of the townhomes would face the south and north property lines. The only
vehicular access to the site would be from Hennepin Town Road with the access drive coming into the site with a turnaround at the end of the drive. Each unit would have two-car garages, and there would be seven guest parking stalls. No lots would have street frontage, and lots would vary between 2,200 and 1,920
square feet. The lot depth would be 50 feet. The main drive would have a width of
24 feet instead of the required 25 feet and the parking stalls would have a depth of 18 feet instead of 19 (hence the waivers). There would be group usable open space with a woodchip trail around the wetland to the west with seating areas. The waivers were needed to facilitate affordable housing. Infiltration basins would
capture rainwater.
A Zoom neighborhood meeting was held on April 1 and there were fewer than 10 attendees. In addition, notifications were sent out by mail to a 500-foot radius from the development. Generally comments were supportive. Preservation of
trees was the main concern of residents, and Matt Bourne visited the site. The
applicant would maximize screening of the development. Another concern was the proximity of the units to the western property line. Furlong displayed the landscape plan with plantings, and several visuals of the
completed development with elevations and revised garage facades. The
floorplans of the units showed the first and second level living arrangements. A
PLANNING COMMISSION MINUTES May 24, 2021
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restrictive covenant was proposed to be placed on the affordable units so that if
the initial or any subsequent buyer sold within the first ten years, the unit must be
sold as affordable to a household earning 115 percent or less of the American median income (AMI), which was $118,220.00. The developer had partnered with Housing and Community Services, the Minnesota Housing Finance Agency, and the state Housing Finance Agency to create this affordable housing opportunity.
DeSanctis asked if the clause “115 percent or less of the American median income (AMI)” actually restricted very low-income residents from coming into this development. Furlong replied the developer had limited ability to target which residents would live in the development. The qualification criteria for the
mortgage could preclude some low-income residents at any rate. Mette commended the placement of the front door near the garage but asked if there was a patio or stoop at the exits. Furlong replied the owner stepping out back patio door had a choice of a patio or other impervious surface, but this would
be determined by individual taste. Mette also asked if there would be an overhang over the front door as with the garage. Furlong stated the plan was changed to create an overhang over the front door. Farr noted the property line for each unit was 5 feet from the base of the home
and did not extend to the boundary but to the common area. The “owner’s choice” of a patio, deck, or other in the backyard could become a “slippery slope” with encroachment on other lots. The owner could use the “backyard” but did not own it, and he asked Furlong to explain this. Furlong replied he had not worked with his architect to specify what the patios or decks would look like, but each owner
would not be allowed to encroach on the common area or each other’s lots. Farr reiterated he found the non-ownerships of backyards to be a problem. Klima presented the staff report. The application was asking for a rezoning in accordance with the Comprehensive Plan and the Zoning Ordinance. These would
be owner-occupied townhomes with waivers. As Commission member Farr noted, the ownership was confined to a narrow strip of land near the units’ foundations. The parking is consistent with City standards. The applicant voluntary is providing affordable units and staff continued to work with the developer on this. Staff recommended some changes: that the tree replacement and grading plan be
reviewed and revised as needed to preserve the appropriate roots of existing trees, and that the lighting and sidewalk plans make minor changes. Staff recommended approval of the application. DeSanctis asked Bourne if the site visit revealed the number of trees on the
property and which where pines that could be saved. Also, he wanted to know if there had been a study of species or plants or birds whose habitats might be encroached upon by this development. Bourne replied there were a number of perimeter pines that could be saved. These were updated in the preservation plan
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but not in the grading plan. The site itself was quite flat and grading would be
adjusted. The wetlands were not studied, but they were being protected. The pines
along Hennepin Town Road would probably be saved. Taylor asked if there would be an Environmental Phase I study on this property. Bourne replied he believed one had been done, and he offered to double-check this.
Farr asked what was in the City’s interest to own Outlots A and C. Rue replied
these were for the conservation of the wetlands, which were less expensive to maintain than water treatment areas. Farr asked how this compared to carriage homes built in the past with access to a small common driveway. Rue replied this was not a typical development, and this development with a private driveway
would not be much different from a Homeowner’s Association except for the size of the lots. He found it adequate for the residents and for a fire truck/emergency vehicle turnaround. Farr asked the City’s perspective on no sidewalk. Klima replied a sidewalk did extend from the trail to the first visitor parking stall; staff recommended a change to extend this at least to the first unit. Klima was
confident such a change would be included, and this was sufficient; the sidewalk did not need to parallel the private driveway. Garrett Pommeranz, of 9671 Clark Circle, stated he lived in a home adjacent to this proposed development and while not speaking for or against it he and his
neighbors had some concerns. Preservation of a line of heritage trees, especially along the north side, was important for privacy and parking/interior light screening along the property line. He was also concerned about any utilities needing to go through the adjacent easements; this had come up during the public meeting and the developer had promised no utilities would come through, but
Pommeranz had since learned a sewer line would in fact go through, and he wished clarification on this. The walking path on the west side near the wetland had also not been part of the original plan. Also, three parking stalls on the north end could be relocated to the south end to prevent light encroachment on neighboring homes from vehicles.
MOTION: Higgins moved, seconded by Kirk to close the public hearing. MOTION CARRIED 8-0. Furlong stated the initial plan was to clear-cut and replant, but after the
neighborhood input he sought all opportunities to save existing trees. He would attempt to preserve the trees along the property line as possible. The north end parking stalls were created to accommodate the wetland and locating them along the south end would hamper the entrance and exit of emergency vehicles. He stated he could ensure greater screening along the north end. He added this
application had changed over time and some items not presented to the neighborhood were added in collaboration with staff and with the necessity to work within the space and make it accessible. He wished all residents to be able to use the trail. Rue added the sewer connection was a gravity line that would go
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between the homes’ property lines to a lift station, and empty into a manhole in
the street on Clark Circle. This would require an encroachment agreement, but the
sewer line would be privately owned by the Homeowners’ Association. Farr remarked this was part of the last development proposal that came before the commission, and Rue agreed. This sewer line was not a new issue and was simply moved one lot line over. The developer would directly drill the sewer line, and if
all went well, there would be no disturbance to the surrounding neighborhood.
Farr suggested there was some communication that could have cleared up the confusion regarding the sewer line. DeSanctis asked for the developer’s sustainable features in this development.
Furlong replied recycled materials would be used, such as were used in past developments. DeSanctis asked if there would be EV chargers in the garages. Furlong stated that garages would be wired for EV charging. Farr asked if there was a possibility of looping the C-shaped “dead end” trail
without impact to the wetland. Klima replied the southern boundary of the wetland was owned by a different Homeowners’ Association. Farr suggested creating a loop that remained on the development property. Higgins replied a “dead-end” trail would still have interest. Gooding commended the plan and City staff had answered all this questions. Kirk concurred, stating this development
was reasonable for the property that protected the wetlands and created affordable housing. DeSanctis found this a thoughtful proposal but remained sympathetic to the concerns of the neighbors. He wished this applicant more clearly addressed saving trees and planting screening bushes but found this development to have sensible parameters for the site. Farr stated this development solved a lot of issues
and he liked the density. He was uncomfortable with the pedestrian flow and the lack of backyards, but he found the front yards would be used. He would prefer to have a narrower street for the cars and more of a “safe haven” for pedestrians. Mette stated she lived in a cul-de-sac of twin homes without a sidewalk and based
on that she did not find the sidewalk necessary and preferred to have extra green space. Also she cited another development without a sidewalk the commission had approved in the past. However, she approved of the development. Higgins suggested allowing the sidewalk to stop at the parking stall, as the applicant had originally designed, and if this could be adjusted in the future. She also expressed
concern about children walking to and from and waiting for school buses. She was not sure an agreement could be drawn up to address the sidewalk in the future. MOTION: Kirk moved, seconded by DeSanctis to recommend approval of the
Planned Unit Development Concept Review on 2.84 acres; Planned Unit Development District Review with waivers on 2.84 acres, Zoning Change from Rural to RM-6.5 on 2.84 acres, Site Plan Review on 2.84 acres and Preliminary Plat to divide one lot into 16 lots and three outlots on 2.84 acres based on plans
PLANNING COMMISSION MINUTES May 24, 2021
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stamp dated April 20, 2021 and the staff report dated May 20, 2021. MOTION
CARRIED 8-0.
PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Mette to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 8:04 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Beth Novak-Krebs &
Sarah Strain
ITEM DESCRIPTION:
Chapter 11 Code Amendments
ITEM NO.:
IX.B.
Requested Action Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to
Group Usable Open Space, Gross Site Area Per Dwelling Unit, and Parking Synopsis Group Usable Open Space
In City Code, Group Usable Open Space (GUOS) is defined as land area and facilities specifically designated and developed for group recreational or social activities. Overtime, the requirement has been applied inconsistently, and it has been difficult for developers to comply with the requirements. The proposed amendments include changing the definition to be clearer to provide for more consistent
interpretation and application of this standard and reducing the requirements to reflect multifamily
development trends, smaller infill development sites, and current City goals and objectives. Gross Site Area Per Dwelling Unit City Code includes a requirement for Gross Site Area Per Dwelling Unit. The intent of the requirement
is to regulate density. Maximum density requirements are also established in Section 11.03 Subd. 2 of
City Code and in the Comprehensive Plan, making the Gross Site Area Per Dwelling Unit requirement redundant. Further, the maximum densities established in City Code and the Gross Site Area Per Dwelling Unit requirements are inconsistent with one another. The proposed amendment eliminates the Gross Site Area Per Dwelling Unit requirement
Parking Staff has prepared an ordinance for the City Council to consider related to parking stall/aisle dimensions and multifamily parking requirements in Chapter 11. The intention of these changes is to reflect trends in development and scale parking more appropriately to sites to reduce large amounts of
underutilized parking stalls and the number of Planned Unit Development wavier requests.
Background and Proposed Amendments Group Usable Open Space
This requirement has been in place for multifamily projects since 1969. At that time, the City was largely undeveloped and did not provide the extensive amount of dedicated parks and trails that exist today. The lack of developed park space and development patterns were likely the reasons that GUOS was a priority. Overtime, the requirement has been applied inconsistently, and it has been difficult for
developers to comply with the requirements, leading to waiver requests. The requirement also does not
acknowledge the extensive City’s park and trail systems and how development amenities tend to
supplement the City’s park and trails systems, not stand in isolation. Proposed Amendment Staff is proposing the following amendments to the definition. Amending Section 11.02 Definitions
38. “Group Usable Open Space” - Land area and facilities specifically designated and developed for groupoutdoor and/or indoor active recreational or, passive recreation, social activities, and leisure use that are accessible to and intended to serve the residents and visitors of the residents
of the project. Examples of usable open space include, but are not limited to, spaces such as, swimming pools, rooftop decks, seating areas, tot lots, sport courts, garden areas, outdoor cooking facilities, community rooms, fitness rooms, activity rooms, dining rooms and similar spaces as approved. Usable open space does not include balconies, decks, and patios; driveways; and parking areas designed for use by an individual dwelling unit.
Based on the proposed definition for usable open space, both indoor and outdoor spaces can qualify as usable open space. This is consistent with the usable open space approved with recent projects. The proposed definition provides more examples, and thereby more clarity, about the intent of the requirement and what does and does not meet the definition.
Staff is recommending an amendment to the GUOS requirements in Section 11.03 Subd. 2 B, Table 1 by reducing the current requirements of 1,000 square feet per unit in the RM-6.5 Zoning District and 600 square feet per unit in the RM-2.5 Zoning District to 150 square feet per unit in both multifamily districts.
Although the proposed GUOS requirement is lower than the average for the recent Eden Prairie projects and the minimum requirement from adjacent communities, the trend is allowing increased density on infill sites or sites with less land area, both of which leave less space to accommodate usable open space. While the amendment requires less usable open space per unit, Eden Prairie has an
extensive park and open space system providing a variety of facilities. Eighty-two percent of the housing in Eden Prairie is within ½ miles of parkland. Access to parks and open space allows developments to provide quality amenities that supplement the City facilities.
Gross Site Area per Dwelling Unit This requirement has been in City Code since 1969. However, applying the Gross Site Area per Dwelling Unit requirements to some recent multifamily projects has resulted in the need for waivers and prompted staff to question the intent and benefit of this requirement. As staff considered the use of
this requirement, it became clear that this portion of City Code has been inconsistently applied, the
requirement is redundant, most recent projects require a waiver and there are inconsistencies between requirements. Proposed Amendment
Staff recommends removing the Gross Site Area per Dwelling Unit requirement in its entirety.
Parking
City Code currently does not provide different parking standards for different types of multifamily
uses. This has prompted several waiver requests for multifamily and senior housing to scale parking more appropriately to resident needs. City staff reviewed the parking requirements in neighboring communities (Chanhassen, Edina, Bloomington, Burnsville, Richfield, Minnetonka, Plymouth, St. Louis Park, Woodbury, and Hopkins) and found most cities have separate parking requirements for
senior housing units than general occupancy multifamily.
For illustrative purposes, the table below details the parking information for recently approved senior housing projects and includes the number of stalls that would be required if these developments were constructed under the proposed requirements.
STALL REQUIREMENTS Applewood Point Castle Ridge Prairie Bluff Senior Southview Senior Parking Approved (PUD) 162 315 128 106 Current Code Requirement 200 554 276 234
Proposed Code Amendment Conditions
Independent Living Requirements 100 148 50 75 0.5 Stalls/Unit for Guests 50 74 25 38
Nursing/Assisted Care Requirements NA 32 22 11
Staff on Peak Shift 0 60 17 17
Total Parking Required 150 314 114 141 Proposed Amendment The proposed ordinance language would amend the following parking requirements:
• Reduce the minimum stall width from 19 feet to 18 feet for 90 degree angled parking.
• Reduce the minimum aisle width from 25 feet to 24 feet for 90 degree angled parking.
• Reduce the number of stalls per dwelling unit from two (2) to one (1) for efficiency or studio units. Half of all spaces shall be enclosed, rounded up.
• Create separate parking requirements for senior living units from general multifamily parking requirements:
• Independent or Active Senior Living: 1 stall/dwelling unit, plus 0.5/DU for guest parking.
Half of all spaces shall be enclosed.
• Nursing, Skilled Nursing, Memory Care, or Convalescent Living: 1 stall/4 beds, plus 1 stall for each employee on the largest shift. Half of all spaces shall be enclosed, rounded up. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of all proposed amendments to Chapter 11 at the May 10, 2021 meeting subject to the information in the staff reports dated May 10, 2021. Attachments 1. Ordinance 2. Staff Reports dated 05/10/2021 3. Planning Commission Minutes from 5/10/2021
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ____-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.03, RELATING TO GROUP
USABLE OPEN SPACE, GROSS SITE AREA PER DWELLING UNIT, AND PARKING DIMENSIONS AND MULTIFAMILY PARKING REQUIREMENTS; 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. City Code Chapter 11, Section 11.02 is hereby amended by deleting the definition of “Group Usable Open Space” and adding the following new definition:
“Usable Open Space” - Land area and facilities specifically designated and developed for active or passive recreation, social activities, and leisure use that are accessible to and intended to serve the residents and visitors of the project. Examples of usable
open space include, but are not limited to, spaces such as
swimming pools, rooftop decks, seating areas, tot lots, sport courts, garden areas, outdoor cooking facilities, community rooms, fitness rooms, activity rooms, dining rooms, and similar spaces. Usable open space does not include balconies, decks, and patios;
driveways; or parking areas designated for use by an individual
dwelling unit.
Section 2. City Code Chapter 11, Section 11.03, Subdivision 2.B is amended by deleting Table 1 in its entirety and replacing it with Table 1 attached hereto as Exhibit A.
Section 3. City Code Chapter 11 Section 11.03, Subdivision 3.H, Item 3(d) (“Dimensions of
parking spaces”) is hereby amended by deleting the table in its entirety and replacing it with the table attached hereto as Exhibit B. Section 4. City Code Chapter 11 Section 11.03, Subdivision 3.H, Item 4 (“Parking
Requirement/Use”) is hereby amended in the table by deleting the row designated as “c. RM-6.5 and RM-2.5” and replacing it with the following new rows:
c. RM-6.5 and RM-2.5
Studio or Efficency Units 1/D.U
Half of all spaces must be enclosed (rounded up)
All Other Units 2/D.U
Half of all spaces must be enclosed (rounded up)
Active or Independent Senior Living 1/D.U., plus 0.5 per unit for guest parking Half of all spaces must be enclosed
(rounded up)
Nursing Homes, Assisted Living, Memory Care, or Convalescent Care 1/4 beds, plus 1 space for each employee on the largest shift
Half of all spaces must be enclosed (rounded up)
Section 5. 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 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 15th day of June, 2021, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the _____ day of _______________, 2021.
_________________________________ _________________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2021.
EXHIBIT A
Residential
Districts
Minimum
Zone Area
(Acreage/
Sq. Ft.)
Minimum
Lot Size
Minimum Lot
Width- Depth
Minimum
Lot Width at
Right of
Way Line
Minimum Yard- Setback
Usable
Open
Space Per
Dwelling
Unit Sq. Ft.
Max
Floor
Area
Ratio
(FAR)
Maximum
Height of
Main
Structure
(Ft.)
Width
Ft.
Depth
Ft.
Front
Ft.
One
Side Ft.
Both
Sides
Ft.
Rear
Ft.
Rural 10 Acres 10 Acres 300 300 300 50 50 150 50 N/A N/A 40
R1-44 44,000 44,000 100 150 100 30 15 30 30 Park Ded. N/A 40
R1-22 22,000 22,000 90 125 90 30 15 30 25 Park Ded. N/A 40
R1-13.5 13,500 13,500 85* 100 85 30 10 25 20 Park Ded. N/A 40
R1-9.5 9,500 9,500 70* 100 70 30 5 15 20 Park Ded. N/A 40
RM-6.5 13,000 3,000 24 100 24 30 10 20 20 Park Ded.
Plus 150
Sq. Ft./Unit
N/A 40
RM-2.5 25,000 25,000 150 150 150 35 25 50 30 Park Ded.
Plus 150
Sq. Ft./Unit
N/A 45
EXHIBIT B
Parking space and aisle width dimensions in relation to
degree of parking angle
PARKING ANGLE =
O
Deg.
20
Deg.
30
Deg.
40
Deg.
45
Deg.
50
Deg.
60
Deg.
70
Deg.
80
Deg.
90
Deg. Parking space width,
perpendicular to
angle
9' 9' 9' 9' 9' 9' 9' 9' 9' 9'
Parking space
dimension
perpendicular to
aisle
9' 14'6" 16'10" 18'8" 19'5" 20' 20'8" 20'9" 20'2" 18'
Parking space
dimension parallel to
aisle
23' 24'8" 17' 13'2" 11'1" 9'10" 9' 9' 9' 9'
Aisle width 12' 11' 11' 12' 13'6" 16' 18'6" 19'6" 24' 24'
STAFF REPORT
TO: Planning Commission
FROM: Beth Novak-Krebs, Senior Planner
DATE: May 6, 2021
SUBJECT: Code Change – City Code Chapter 11, relating to Group Usable Open Space
BACKGROUND
In City Code, Group Usable Open Space (GUOS) is defined as land area and facilities specifically designated and developed for group recreational or social activities. This requirement has been in place for multifamily
projects since 1969. At that time, the City was largely undeveloped and did not provide the extensive amount
of dedicated parks and trails that exist today. The lack of developed park space and development patterns were
likely the reasons that GUOS was a priority. Overtime the requirement has been applied inconsistently until
recently.
From a practical standpoint, the City has been allowing indoor spaces such as community rooms, fitness
centers, lounges etc. to count toward the requirement, as well as, outdoor areas and facilities.
ISSUES
The City has begun to experience an increase in the number of waivers requested to the GUOS requirement. With any provision in the City Code, an increase in the number of waiver requests suggests that the standard
should be reevaluated to determine if the existing requirement is appropriate or if a revision is warranted. As
staff examined the waiver requests and application of the requirement in previous projects, it became clear that:
1. This portion of the City Code has been interpreted and applied inconsistently. 2. Most recent projects require a waiver for GUOS because the project cannot comply with the requirements while providing the density required by the Comprehensive Plan. 3. Most of the more recent developments have been on infill sites with less land area to accommodate
GUOS.
4. Multifamily development styles and layouts have changed over the decades potentially leading to this
requirement being outdated.
OBJECTIVES
The proposed amendment has two objectives aimed at addressing the issues stated above. The primary
objective is to improve the consistency and clarity of the definition. . In the past, the vagueness of the
definition allowed for a wide ranging interpretation of what constituted GUOS. Amending the definition to be
more specific will lead to a more consistent interpretation and application of this standard and provide improved communication to developers regarding what can be expected to meet the requirement. This allows developers to create plans meeting the expectation.
Staff Report – Group Usable Open Space Code Amendments
Page 2
The second objective is to amend the ordinance to reflect multifamily development trends, smaller infill
development sites, and current City goals and objectives. This can be accomplished by continuing to require
GUOS, but reducing the amount of GUOS required.
PROPOSED CODE CHANGES
Definition
Staff is proposing the following amendments to the definition. Amending Section 11.02 Definitions
38. “Group Usable Open Space” - Land area and facilities specifically designated and developed for
groupoutdoor and/or indoor active recreational or, passive recreation, social activities, and leisure use. The Usable Open Space shall be accessible to and intended to serve the residents and visitors of the residents of the project. These may include spaces such as, swimming pools, rooftop decks, seating
areas, tot lots, sport courts, garden areas, outdoor cooking facilities, community rooms, fitness rooms,
activity rooms, dining rooms and similar spaces as approved. These areas may not include balconies,
decks, and patios; driveways; and parking areas designed for use by an individual dwelling unit.
Based on the proposed definition for usable open space, both indoor and outdoor spaces can qualify as usable open space. This is consistent with the usable open space approved with recent projects. The proposed
definition provides more examples, and thereby more clarity about the intent of the requirement and what does
and does not meet the definition.
Requirement Eden Prairie’s current requirements for GUOS are 1,000 square feet per unit in the RM-6.5 Zoning District and 600 square feet per unit in the RM-2.5 Zoning District. In addressing the second objective, staff is proposing
to reduce the per unit GUOS requirement. Prior to making a recommendation, staff reviewed the GUOS
approved for seven multi-family projects approved in Eden Prairie and the requirements and experiences of
several neighboring communities.
Staff reviewed the GUOS for all of the multi-family projects approved since 2014. (see Table A on following page). The GUOS approved for these projects ranges from 28 square feet per unit to 400 square feet per unit
with an average of 210 square feet per unit. These projects were unable to comply with the current GUOS and
all received a waiver.
2
Staff Report – Group Usable Open Space Code Amendments
Page 3
Table A
Zoning Number
of Units
GUOS
Required (Per Unit)
Total
GUOS Required (SF)
Total
GUOS Provided (SF)
GUOS
Provided (Per Unit)
Southview RM-2.5 116 600 69,600 14,954 129
Prairie Bluffs Senior Living RM-2.5 138 600 82,800 28,875 209
Trail Point Ridge RM-2.5 58 600 34,800 23,374 403
Applewood Point RM-2.5 100 600 60,000 40,586 405
Sheldon Place RM-6.5 10 1000 10,000 280 28
Castle Ridge RM-2.5 274 600 164,400 47,402 173
Paravel RM-2.5 245 600 147,000 32,830 134
As part of preparing the proposed ordinance amendment, staff conducted research on nine communities in the
metro area. All of the communities have requirements for usable open space in multifamily or mixed use
developments. For some communities the requirement is a percentage of the project area while the requirement for other communities is a certain square footage per unit similar to Eden Prairie. The numbers range from 5 to 15% of the project area or anywhere from 200 to 2,000 square feet per unit. Although the per unit
requirements include a wide range of numbers, the majority of the requirements are at 300 and 400 square feet
per unit. Several other communities shared that it has been challenging for developers to comply with their
Usable Open Space standards. As a result these communities are reevaluating their standards and will likely be
proposing to reduce the requirement.
Staff is recommending a reduction in the GUOS requirement in both multifamily zoning districts to 150 square
feet per unit. At 150 square feet per unit, only 3 out of 7 of the previously approved projects would have
required a waiver. When analyzing those 3 projects, specific site conditions may have supported the waiver
request under the proposed reduction (ie: being part of a larger project area that included other usable open
space, property configuration or topographic conditions).
Although the recommended requirement is lower than the average for the Eden Prairie projects and the minimum requirement from adjacent communities, the trend is allowing increased density on infill sites or sites
with less land area leaving less space to accommodate usable open space. While the amendment requires less
usable open space per unit, Eden Prairie has an extensive park and open space system providing a variety of
facilities. Eighty-two percent of the housing in Eden Prairie is within ½ miles of parkland. Access to parks and
open space allows the development to provide quality amenities that supplement the City facilities. The recommended change involves amending Section 11.03 Subd. 2 B, Table 1. (See Table B on following page)
3
Table B
(Section 11.03 Subd. 2 B, Table 1)
Residential Districts Minimum Zone Area
(Acreage/
Sq. Ft.)
Minimum Lot Size
Minimum Lot
Width-Depth
Minimum Lot Width
at Right of
Way Line
Minimum Yard-Setback
Gross Site
Area Per Dwelling
Unit Sq. Ft.
Or Acres
Group
Usable Open
Space Per
Dwelling
Unit Sq. Ft.
Max
Floor Area
Ratio
(FAR)
Maximum
Height of Main
Structure
(Ft.) Width Ft. Depth Ft. Front Ft.
One Side Ft.
Both Sides Ft.
Rear Ft.
Rural 10 Acres 10 Acres 300 300 300 50 50 150 50 10 Acres N/A N/A 40
R1-44 44,000 44,000 100 150 100 30 15 30 30 44,000 Park Ded. N/A 40
R1-22 22,000 22,000 90 125 90 30 15 30 25 22,000 Park Ded. N/A 40
R1-13.5 13,500 13,500 85* 100 85 30 10 25 20 13,500 Park Ded. N/A 40
R1-9.5 9,500 9,500 70* 100 70 30 (See Subd.
2 Item
8)
(See Subd.
2 Item
8)
20 9,500 Park Ded. N/A 40
RM-6.5 13,000 3,000 24 100 24 30 10 20 20 6,500 Park Ded.
Plus 1000 150 Sq.
Ft./Unit
N/A 40
RM-2.5 25,000 25,000 150 150 150 35 25 50 30 2,500 Park Ded.
Plus
600150 Sq. Ft./Unit
N/A 45
STAFF RECOMMENDATION
Staff recommends approval of the amendments to Chapter 11, Section 11.02 Definitions and Section 11.03
Subd. 2 B., Table 1 as represented in the May 6, 2021 staff report and the draft code language.
STAFF REPORT
TO: Planning Commission
FROM: Beth Novak-Krebs, Senior Planner
DATE: May 6, 2021
SUBJECT: Code Change – City Code Chapter 11, relating to Gross Site Area Per Dwelling
Unit
BACKGROUND
City Code includes a requirement for Gross Site Area Per Dwelling Unit. The intent of the requirement
is to regulate density. This requirement has been in City Code since 1969. Maximum density
requirements are also established in Section 11.03 Subd. 2 of City Code and in the Comprehensive Plan.
ISSUES
Applying the requirements to some recent multi-family projects has resulted in the need for waivers and
prompted staff to question the intent and benefit of this requirement. As staff considered the use of this
requirement, it became clear that:
1. This portion of the City Code has not been consistently applied. 2. The requirement is redundant since maximum density is already established in the Comprehensive Plan and in City Code Section 11.03 Subd. 2.
3. When applying the gross site area per dwelling unit requirements on recent projects, most of the
projects required a waiver.
4. The maximum densities established in City Code Section 11.03 Subd. 2 and the gross site area
per dwelling unit requirements are inconsistent with one another.
OBJECTIVES
The primary objective of the amendment is to reduce inconsistencies between requirements and eliminate
redundant requirements. This can be accomplished by deleting the Gross Site Area Per Dwelling Unit
requirement. Since density is regulated in City Code Section 11.03 Subd.2 and in the Comprehensive
Plan, the application of the Gross Site Area Per Dwelling Unit requirement does not provideanybenefit.
PROPOSED CODE CHANGE
The recommended change involves amending Section 11.03 Subd. 2 B, Table 1 by deleting the Gross
Site Area Per Dwelling Unit column in its entirety (See Table on following page).
Section 11.03 Subd. 2 B Table 1
Residential
Districts
Minimum
Zone
Area
(Acreage/ Sq. Ft.)
Minimum Lot Size
Minimum Lot
Width-Depth Minimum
Lot Width
at Right
of Way Line
Minimum Yard-Setback
Gross Site Area Per
Dwelling
Unit Sq.
Ft. Or Acres
Group Usable
Open
Space Per
Dwelling Unit Sq. Ft.
Max Floor
Area
Ratio
(FAR)
Maximum Height of
Main
Structure
(Ft.) Width
Ft.
Depth
Ft.
Front
Ft.
One
Side Ft.
Both
Sides
Ft.
Rear
Ft.
Rural 10 Acres 10 Acres 300 300 300 50 50 150 50 10 Acres N/A N/A 40
R1-44 44,000 44,000 100 150 100 30 15 30 30 44,000 Park Ded. N/A 40
R1-22 22,000 22,000 90 125 90 30 15 30 25 22,000 Park Ded. N/A 40
R1-13.5 13,500 13,500 85* 100 85 30 10 25 20 13,500 Park Ded. N/A 40
R1-9.5 9,500 9,500 70* 100 70 30 (See Subd. 2
Item 8)
(See Subd. 2
Item 8)
20 9,500 Park Ded. N/A 40
RM-6.5 13,000 3,000 24 100 24 30 10 20 20 6,500 Park Ded. Plus
1000Sq.
Ft./Unit
N/A 40
RM-2.5 25,000 25,000 150 150 150 35 25 50 30 2,500 Park Ded.
Plus
600Sq.
Ft./Unit
N/A 45
STAFF RECOMMENDATION
Staff recommends approval of the amendments to Chapter 11, Section 11.03 Subd. 2 B., Table
1 as represented in the May 6, 2021 staff report and the draft code language.
STAFF REPORT
TO: Planning Commission
FROM: Sarah Strain, Planner I
DATE: May 10, 2021
SUBJECT: Code Amendment – Dimensional and Multifamily Parking Requirements
BACKGROUND
Staff is recommending amendments to City Code Chapter 11 to address parking requirements for
stall and drive aisle dimensions and multifamily housing based on the types of dwelling units. The
intention of these changes is to reflect trends in development and scale parking more appropriately to
sites to reduce large amounts of underutilized parking stalls and the number of Planned Unit
Development wavier requests.
DISCUSSION
Parking Dimensions
City staff is recommending the following amendment to the parking basic requirements table:
Parking space and aisle width dimensions in relation to
degree of parking angle
PARKING ANGLE =
O
Deg.
20
Deg.
30
Deg.
40
Deg.
45
Deg.
50
Deg.
60
Deg.
70
Deg.
80
Deg.
90
Deg.
Parking space width, perpendicular to angle 9' 9' 9' 9' 9' 9' 9' 9' 9' 9'
Parking space
dimension
perpendicular to aisle
9' 14'6" 16'10" 18'8" 19'5" 20' 20'8" 20'9" 20'2" 189'
Parking space dimension parallel to aisle
23' 24'8" 17' 13'2" 11'1" 9'10" 9' 9' 9' 9'
Aisle width 12' 11' 11' 12' 13'6" 16' 18'6" 19'6" 24' 245'
The City has granted several PUD waiver and variance requests for the above noted drive aisle and
stall length dimensions in recent years, including Prairie Village Apartments (stall dimension), Southview of Eden Prairie/Eden Prairie Senior Living (both stall and aisle dimensions), and Elevate (both stall and aisle dimensions). Amending the requirements to reduce both stall length and drive
aisle width by one (1) foot reflects market trends, mirrors the standards of neighboring communities,
..!:'.! 4
I'll 3.5 ... Vl 3
'a 2.5
a:; 2 E i.s
::::, 1
z 0.5
0
Multifamily Parking Requirements
Studio
1 Bdrm
2 Bdrm
3 Bdrm
4 Bdrm
City
Staff Report – Code Amendment – Dimensional and Multifamily Parking Requirements
May 10, 2021 Page 2
and follows the recommendations of the Urban Land Institute (ULI) and the National Parking Association (NPA).
Multifamily Housing
Recent and multiple waiver requests for recent multifamily housing projects prompted City staff to review multifamily parking requirements. Staff reviewed parking standards in neighboring cities and found the overwhelming majority of cities reviewed use the same two (2) stalls per dwelling unit
requirement Eden Prairie uses, shown in the graph below.
Staff believes the two (2) stalls per dwelling unit requirement balances the desire to reduce excess
paved parking area while ensuring sites are adequately parked for tenant and guest needs. It also works to ensure multiple bedroom units are not de-incentivized through additional parking requirements. This policy also acknowledges that multiple bedroom units may be occupied by
families with either children or older adults not owning or driving cars.
The current parking requirement in City Code also accounts for guest parking. Staff feels this is
appropriate, as some units will not have a need for both stalls required by City Code, and both guests and residents come and go throughout the day to allow for turn-over. In previous review of City parking standards, roughly eight (8) years ago, there has been enough parking on multifamily sites to accommodate both tenant and guest needs.
While staff recommends leaving the parking standard at two (2) stalls per dwelling unit for most
multifamily housing, staff proposes reducing the requirement for efficiency or studio units to one (1)
stall per unit with half of all required stalls being enclosed. Typically, studio units are occupied by a
2
Living Parking Requirements {Stalls per Unit)
2.5
2
1.5
1
0.5
0
§'
·S-r;g
§
,!? Q:j
·$' -~
Q,{!i
,§ ,$
~ :;s i' -~ v§' ~ ~ i' '§ . c5' 00 ~ q?' ~ QJ~ s
• ,§ .,,_q, ~ '-"' .ff -~ ~ ,.__o §' cf' ,$ ~ .p 0 qf -~ ~ ,f ~ <::-<S' Q $-$ " ~ ~-
Staff Report – Code Amendment – Dimensional and Multifamily Parking Requirements
May 10, 2021 Page 3
single person, and there is not a consistent need for more than one (1) stall. The Martin Blu/Mitchell Crossing project received a waiver request for 1.06 stalls/unit for efficiency or studio units. The
proposed code amendment would be consistent with this waiver and would read as follows:
Studio or Efficiency units – 1/D.U. Half of all spaces enclosed, rounded up.
Senior Housing
Currently, City Code does not differentiate between different types of multifamily housing. This
holds all types of senior housing units to the same parking standards as apartment or townhome
multifamily units. There is a spectrum of senior housing options and needs, and not all types require
the same parking needs. Among neighboring communities surveyed, most cities had separate parking
requirements for senior housing units to reflect the different demand. These requirements are detailed in the charts below. For the cities that do not specify standards for senior housing (Eden Prairie and Woodbury), the general multifamily ratio was used for comparison purposes.
3
Home Parking Requirements (Stalls per Bed)
0.60
0.50
0.00 0.00
,S .,? ~ ~ ~ -s' ~ -~ J'-d' o<::' ~ q_'11 ·?:i' -~ ,lj ~ ~ Q.<:' ~ £' ;;; .c -~ $ <::' ~ d' ~ co" ~ 00 ~ $ ...., ,lj .s q
Staff Report – Code Amendment – Dimensional and Multifamily Parking Requirements
May 10, 2021 Page 4
The proposed code amendment includes two (2) different standards for senior housing, one (1) for
active or independent living and one (1) for assisted living, nursing homes, or memory care units,
which have minimal parking needs. These changes are similar to the existing requirements in
neighboring cities. Staff proposes amending the parking requirements as follows:
Independent or Active Senior Living: 1 stall/dwelling unit, plus 0.5/DU for guest and general
parking. Half of all spaces shall be enclosed.
Nursing, Skilled Nursing, Memory Care, or Convalescent Living: 1 stall/4 Beds, plus 1
space/employee on largest shift. Half of all spaces shall be enclosed, rounded up.
For illustrative purposes, the table below details the parking information for recently approved senior
housing projects and includes the number of stalls that would be required if these developments were constructed under the proposed requirements.
STALL REQUIREMENTS Applewood Point Castle Ridge Prairie Bluff Senior Southview Senior
Parking Approved (PUD) 162 315 128 106
Current Code Requirement 200 554 276 234
Proposed Code Amendment Conditions
Independent Living Requirements 100 148 50 75
Nursing/Assisted Care Requirements NA 32 22 11
Staff on Peak Shift 0 60 17 17
Total Parking Required 150 282 114 66
4
Staff Report – Code Amendment – Dimensional and Multifamily Parking Requirements
May 10, 2021 Page 5
The proposed multifamily and senior housing parking requirements are not intended to address parking requirements for properties zoned and guided Town Center or Transit Oriented
Development, as both of these districts have separate, specified parking requirements. The stall and
aisle dimension amendments will apply to all zoning districts.
STAFF RECOMMENDATION
Staff recommends approval of the code amendment to parking dimension and multifamily
housing parking requirements as represented in the May 10, 2021 staff report.
5
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MAY 10, 2021 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette,
William Gooding, Robert Taylor
CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent were commission members Mette, Kirk and Gooding.
III. APPROVAL OF AGENDA
MOTION: Higgins moved, seconded by DeSanctis to approve the agenda. MOTION
CARRIED 6-0.
IV. MINUTES
MOTION: Taylor moved, seconded by Farr to approve the minutes of April 12, 2021.
MOTION CARRIED 6-0.
V. PUBLIC HEARINGS
CODE AMENDMENT FOR PARKING Request for:
• Amend City Code Chapter 11 relating to parking stall and aisle size
• Amend City Code Chapter 11 relating to multifamily parking requirements
Klima displayed a PowerPoint and presented the staff report. This was a two-fold request: parking stall and aisle size, and specific parking requirements for multi-family housing. The 90-degree parking stalls would decrease from 19 feet in depth to 18 feet. The drive aisles would decrease from 25 feet in width to 24 feet.
PLANNING COMMISSION MINUTES May 10, 2021
Page 2
All other size and dimension requirements would remain the same. This had been
a routine request of developments. Multi-family parking requirements would change from two parking stalls for every unit, with one enclosed, to providing an exception to allow for one stall per
efficiency/studio unit. Senior housing parking requirements would also change to
one stall per unit for independent/active senior living, plus one-half stall, and one stall per four beds plus one space for employee for skilled nursing housing. Half of all stalls would continue to be enclosed. Klima displayed the differences in the number of stalls required under the current and the proposed codes. Staff
recommended approval.
Farr asked how adaptive reuse of senior living facilities could affect these parking changes. In the future, he added, the use of single-occupant vehicles might not dominate our culture. Higgins replied it was difficult to project future changes but
agreed the nature of transportation could fundamentally change. DeSanctis stated
in the short run, larger vehicles such as Metro Mobility shuttles, et cetera, might not be as well accommodated by these changes, but he too agreed there might be a decreased need for vehicles while a need for multi-family units would increase. He added how this would impact scooters and bicycles was unknown. Klima
replied bicycles and scooters might be accommodated, as the City was working to
encourage those. Farr noted designated parking spaces for bicycles and scooters was a very popular accommodation in southern states which did not have as much snow and cold as the northern states. Pieper noted this change was in line with previously approved waivers. Markos added the reduction of pavement was a
sustainable concept for the future.
MOTION: Higgins moved, seconded by Markos to close the public hearing. MOTION CARRIED 6-0.
MOTION: Farr moved, seconded by Higgins to recommend approval of the
Code Amendment for Parking based on information in the staff report dated May 10, 2021. MOTION CARRIED 6-0. CODE AMENDMENT FOR GROUP USABLE OPEN SPACE Request for:
• Amend City Code Chapter 11 relating to group usable open space Klima presented the staff report. This would bring the Code into alignment with
development trends and patterns in Eden Prairie, and apply it consistently.
Currently an average 210 square feet per unit has been provided in recent developments, both indoor and outdoor. Staff looked at neighboring communities to get an average percentage of area set aside for this use. This would be changed to 150 square feet of group usable open space per unit, a little bit below the
average of neighboring communities, who were facing a similar struggle to meet
PLANNING COMMISSION MINUTES May 10, 2021
Page 3
usable open space requirements. Also, the definition of “usable open space”
would be revised to be clearer and more consistent. Staff recommended approval. MOTION: Farr moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 6-0.
Farr suggesting for the City to find some ways to incentivize rooftop open space in new developments. He also suggested 250 square feet as a base, with this dropped to 150 square feet if a rooftop open space was designed. Higgins concurred but said she could not envision how this would be implemented.
Markos echoed Farr’s idea and asked if other communities provided rooftop
amenities. Klima replied Bloomington required 300 square feet of usable open space per unit, but a 400-square foot universally accessible rooftop space could count for up to 50 percent of the required open space. Staff could go back and take a look at how this would have impacted past projects, and/or commission
members could add this to its recommendation to the City Council. Such a
requirement could also be communicated through the PUD process, but Klima understood Farr’s suggestion to intend this requirement to be discussed earlier in the development process.
Taylor commended Farr’s suggestion, and asked what incentives would look like.
Farr replied it would be a reduction in ground-level open space to 150 per unit with bonus points for developers who went “above and beyond.” It could also take other forms, such as the City’s requirements on low-environmental-impact building materials. His suggestions were merely the “germ of an idea” to
minimize the City’s carbon footprint. Klima reiterated this applied to multi-family
zoned districts, and other zoned areas had their own requirements. Farr added most developers might not spend the extra dollars to create a roof to accommodate a rooftop usable space, but he could not know that. Amenities such as open space were in high demand, and they might be more amenable on
buildings taller than three stories. He was trying to be proactive but would not
make it a condition of approval. He thanked the commission members for considering his ideas. Pieper asked if garden areas would be included. Farr stated his idea was to allow the developers to use as much as the land as needed for parking and the building footprint. An open space requirement on grade might
take away from that, and from water management, et cetera, whereas most
developers might not consider the rooftop as an asset. The incentive was to construct an amenity on the rooftop rather than on grade level. Higgins noted an example of a dense development in Denver, Colorado that provided a private staircase up to the rooftop garden from each unit, as elevated plant containers
along the units in a creative community experience. Farr commended staff’s itemizing of both exterior and interior amenities and urged there to be a blend that worked with Minnesota’s weather changes. Klima stated staff worked with developers on an individual level to achieve that blend,
PLANNING COMMISSION MINUTES May 10, 2021
Page 4
and this conversation about Farr’s concept of utilizing the rooftop was helpful to
staff. Farr gave the example of a dedicated trail for a development that circled a parking lot and asked if a trail would count as usable open space. Klima replied this would meet the definition of usable open space and would help the developer calculate square footage to meet the new Code requirement. Pedestrian facilities
had counted toward usable open space in the past.
MOTION: Farr moved, seconded by DeSanctis to recommend approval of the Code Amendment for Group Usable Open Space based on information outlined in the staff report dated May 6, 2021. MOTION CARRIED 6-0.
CODE AMENDMENT FOR GROSS AREA SITE PER DWELLING UNIT Request for:
• Amend City Code Chapter 11 relating to gross area site per dwelling unit Klima presented the staff report. This amendment would be struck from the Code as redundant and inconsistent. MOTION: Higgins moved, seconded by Taylor to close the public hearing. MOTION CARRIED 6-0. MOTION: Higgins moved, seconded by Taylor to recommend approval of the Code Amendment for Gross Area Site Per Dwelling Unit based on information outlined in the staff report dated May 6, 2021. MOTION CARRIED 6-0.
PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Farr moved, seconded by Higgins to adjourn. MOTION CARRIED 6-0. The meeting was adjourned at 7:51 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE: June 15, 2021
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 282388 - 283111 Wire Transfers 1027888 - 1028147 Wire Transfers 8221 - 8284
Purchasing card 8256
City of Eden Prairie
Council Check Summary
6/15/2021
Division Amount
000 General 35,167 308 E-911 344
100 City Manager 27,586 309 DWI Forfeiture 21
101 Legislative 38,546 315 Economic Development 66,018
102 Legal Counsel 49,786 316 WAFTA 429
110 City Clerk 609 317 Eden Prairie Players 75
111 Customer Service 11,344 445 Cable PEG 16,743
113 Communications 16,492 509 CIP Fund 26,917
114 Benefits & Training 14,885 512 CIP Trails 12,621
130 Assessing 105 513 CIP Pavement Management 3,358
131 Finance 33,271 522 Improvement Projects 2006 1,169
132 Housing and Community Services 8,366 532 EP Road Connect Flying Cloud 231
133 Planning 315 536 General LRT 44,398
136 Public Safety Communications 10,561 539 2020 Improvement Projects 26,902
137 Economic Development 572 540 Duck Lake Rd. Reconstruction 41,944
150 Park Administration 375 804 100 Year History 182
151 Park Maintenance 59,476 Total Captial Projects Fund 241,351
153 Organized Athletics 282
154 Community Center 12,733 601 Prairie Village Liquor 228,547
156 Youth Programs 7,102 602 Den Road Liquor 414,353
157 Special Events 438 603 Prairie View Liquor 283,799
158 Senior Center 445 605 Den Road Building 2,842
159 Recreation Administration 44 701 Water Enterprise Fund 649,541
160 Therapeutic Recreation 692 702 Wastewater Enterprise Fund 76,325
162 Arts 1,652 703 Stormwater Enterprise Fund 378,557
163 Outdoor Center 571 Total Enterprise Fund 2,033,964
168 Arts Center 1,311
180 Police Sworn 50,264 802 494 Commuter Services 52,794
184 Fire 47,607 806 SAC Agency Fund 69,580
186 Inspections 16,416 807 Benefits Fund 1,738,095
200 Engineering 1,045 809 Investment Fund 9,174
201 Street Maintenance 128,306 810 Workers Comp Insurance 193,687
202 Street Lighting 131,864 812 Fleet Internal Service 699,653
Total General Fund 708,227 813 IT Internal Service 250,614
814 Facilities Capital ISF 196,135
301 CDBG 164,889 815 Facilites Operating ISF 34,461
303 Cemetary Operation 927 816 Facilites City Center ISF 254,600
312 Recycle Rebate 1,058 817 Facilites Comm. Center ISF 154,267
Total Special Revenue 166,874 Total Internal Svc/Agency Fund 3,653,059
437 G.O. Perm. Improv. 2010A 2,308 Report Total 6,840,777
440 GO Perm Impr Ref Bonds 2011D 4,411
441 2012A G.O. Refunding Bonds 22,169
442 2012B G.O. Refund Capital Imp 8,414
Total Debt Service Fund 37,301
City of Eden Prairie
Council Check Register by GL
6/15/2021
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282636 406,512 METROPOLITAN COUNCIL Other Revenue Stormwater Collection Wastewater Fee June21/SAC charges Apr21
8270 314,297 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits June 2021 Premiums
8226 306,762 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits May 2021 Premiums
282775 303,107 LENCO ARMORED VEHICLES Autos Fleet - Police Police Armored vehicle #210 purchase
8259 276,653 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR Ending 05.21.21
8241 257,705 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes Pr Ending 05.07.21
1028036 248,249 TOWMASTER INC Autos Fleet Capital New body and plow equipment #163/#175
282631 193,687 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers comp premiums
8239 193,188 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 04.23.21
8257 189,554 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 05.07.21
282780 179,359 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Pilot project /meter replacements
282907 179,235 GARLAND DBS INC Other Contracted Services Facilities Capital Fire Station 1 project
1028086 138,125 SHI CORP Software Maintenance IT Operating Software maint/enterprise renewal 2021
8254 103,668 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax April 2021282492102,027 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Capital Impr. / Maint. Fund Property tax pymts 1st half
283109 80,000 WEST HENNEPIN AFFORDABLE HOUSING LAND TR Other Contracted Services CDBG - Public Service
1028038 69,735 XCEL ENERGY Electric Facilities Operating ISF
1028094 68,360 XCEL ENERGY Electric Forest Hills Park
282608 68,034 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control
1028146 63,040 XCEL ENERGY Electric Street Lighting
1027938 62,969 XCEL ENERGY Electric Street Lighting
283078 62,035 LAKETOWN ELECTRIC CORPORATION Design & Engineering Economic Development Fund
8284 61,465 U S BANK Interest Water Capital
1028079 54,851 LOGIS Software Maintenance IT Operating
1028077 52,634 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud
282928 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
282885 44,750 BERGERSON-CASWELL INC Equipment Repair & Maint Water Capital
282781 44,398 METRO TRANSIT Other Contracted Services General LRT
8256 42,795 USB-PURCHASING CARD Autos Arts Center
8283 37,301 U S BANK Interest 2012B GO Refund Capital Improv
282601 36,648 BOLTON & MENK INC Design & Engineering Duck Lake Rd. Reconstruction
282512 36,145 TENVOORDE FORD, INC.Autos Fleet - Police
282664 34,425 VERTEX UNMANNED SOLUTIONS Other Assets General Fixed Asset Account Gr
282486 32,754 DODGE OF BURNSVILLE Autos Fleet - Fire
282475 32,000 BERGANKDV LTD Audit & Financial Finance
8243 28,358 EMPOWER Deferred Compensation Health and Benefits
8261 28,312 EMPOWER Deferred Compensation Health and Benefits
282462 27,266 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost
283041 26,882 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost)
282666 26,439 WHITEWATER CDJR OF ST CHARLES INC Autos Utility Operations - General
1027926 25,797 HANSEN THORP PELLINEN OLSON Equipment Repair & Maint Water Capital
282649 25,200 ONEILL ELECTRIC Improvement Contracts Wastewater Capital
8260 22,144 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
1027915 22,058 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Capital
8276 21,923 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
8242 21,766 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
283071 20,697 HARTHAUS HOMES LLC Other Contracted Services Rehab
1028071 20,254 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg. - CAM
1027967 19,522 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282925 19,332 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
282809 19,107 YMCA OF THE NORTH Other Contracted Services City Council
1027977 18,620 ODESA II LLC Other Contracted Services Street Maintenance
282777 18,050 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
8266 18,046 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
282418 17,544 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
282943 17,273 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
1028082 16,900 NORTHWEST ASPHALT Other Contracted Services Facilities Capital
1028088 16,338 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006
283004 16,254 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
282743 15,959 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control
282792 15,956 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store
282427 15,839 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
8224 15,764 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
1028126 15,603 GRANICUS INC Other Contracted Services Cable PEG
8252 15,353 FURTHER - AKA SELECT HSA - Employer Health and Benefits
282502 15,088 NAC Contract Svcs - HVAC Capital Maint. & Reinvestment
1027978 15,030 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital28309615,000 PELLA NORTHLAND Other Contracted Services Rehab
282635 14,763 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
282758 14,676 GRI EDEN PRAIRIE, LLC Waste Disposal Prairie Village Liquor Store
1028028 14,644 GRANICUS INC Software Maintenance IT Operating
8274 14,373 FURTHER - AKA SELECT HSA - Employer Health and Benefits
283087 14,352 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
282698 14,184 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1027912 14,082 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Tree Disease
282938 14,050 PLOOF JERRAD Right of Way & Easement Duck Lake Rd. Reconstruction
1028020 14,046 CENTERPOINT ENERGY Gas General Community Center
8227 14,042 FURTHER - AKA SELECT HSA - Employee Health and Benefits
282754 13,678 FEHN LUANN Other Contracted Services Rehab
282655 13,117 SSI KEF SLB LLC Electric Maintenance Facility
1027982 13,099 STREICHERS Protective Clothing Police Sworn
282848 12,781 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
282839 12,701 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
282449 12,651 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
282651 11,903 PROP Other Contracted Services CDBG - Public Service
1027922 11,846 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
1028119 11,763 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Lift Station
282692 11,548 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1028140 11,491 STREICHERS Clothing & Uniforms Public Safety Communications
283014 11,202 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
282612 10,950 DEYOUNG CONSULTING SERVICES Other Contracted Services City Council
282558 10,781 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
282791 10,709 PHOTOSHELTER INC Software Maintenance IT Operating
8238 10,668 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
8264 10,663 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
282721 10,286 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1028069 10,270 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM
282507 10,245 SCHICHTEL'S NURSERY INC Landscape Materials/Supp Reforestation
282570 10,225 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
282679 10,004 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1027984 9,942 XCEL ENERGY Electric City Center - CAM
1028068 9,885 CENTERPOINT ENERGY Gas Edenvale Park
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282909 9,883 GRAYMONT Treatment Chemicals Water Treatment
282757 9,757 GRAYMONT Treatment Chemicals Water Treatment
282490 9,598 GRAYMONT Treatment Chemicals Water Treatment
283070 9,592 GRAYMONT Treatment Chemicals Water Treatment
1028078 9,306 HAWKINS INC Treatment Chemicals Water Treatment
282706 9,128 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
282854 9,103 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
282436 9,091 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
8229 9,027 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
282915 9,000 IRON MALTESE ATHLETICS Health & Fitness Fire
282868 8,809 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
282861 8,758 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
282444 8,640 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
282995 8,583 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
282874 8,496 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
282736 8,450 CENTURY COLLEGE Training Fire
282977 8,444 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
282693 8,011 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store2826548,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
282600 7,975 BLOOMINGTON HEATING & AIR Other Contracted Services Rehab
282986 7,916 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
282505 7,850 POLCO Other Contracted Services City Council
283035 7,829 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
282841 7,623 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
282495 7,556 JOHNSON CONTROLS Contract Svcs - HVAC Pool Maintenance
8232 7,457 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
282582 7,385 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
8277 7,282 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
282619 7,117 H2I GROUP Contract Svcs - General Bldg Police (City Cost)
283019 7,040 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
8248 6,975 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
282663 6,938 VERIZON WIRELESS Other Contracted Services IT Operating
282847 6,937 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
1028127 6,932 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital
282665 6,878 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment
282968 6,862 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
282901 6,768 DG CENTRAL 1 LLC Electric Facilities Operating ISF
8279 6,729 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
282863 6,573 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
282761 6,526 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
283003 6,514 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
1028139 6,483 SHI CORP Software Maintenance IT Operating
282941 6,449 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.City Center - CAM
282796 6,432 SAARI CINDY Other Contracted Services Rehab
282419 6,421 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1028022 6,308 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
1028133 6,288 METRO SALES INCORPORATED*Equipment Rentals Customer Service
282826 6,223 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
282997 6,215 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
282426 6,082 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
282877 6,041 A TO Z RENTAL CENTER Small Tools Fire
282443 6,012 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
282647 6,000 NINE MILE CREEK WATERSHED DISTRICT Other Contracted Services Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1027973 5,936 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells)
282659 5,934 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.Senior Center
282712 5,908 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
282685 5,907 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
282793 5,855 PRESCRIPTION LANDSCAPE Contract Svcs - Asphalt/Concr.City Center - CAM
1027932 5,822 METRO SALES INCORPORATED*Other Rentals IT Operating
282705 5,784 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
282831 5,783 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
282713 5,713 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
1028064 5,710 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet - Police
282400 5,564 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
8235 5,492 CARD CONNECT Bank and Service Charges Community Center Admin
282407 5,485 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
282867 5,400 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
283028 5,368 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
282549 5,361 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
282445 5,318 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1027936 5,270 STREICHERS Clothing & Uniforms Police Sworn2829965,262 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
282883 5,237 AWWA CUSTOMER SERVICE Dues & Subscriptions Utility Operations - General
282766 5,151 HINTERLAND CSG LLC Electric Facilities Operating ISF
1027979 5,112 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall (City Cost)
282672 5,111 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
283066 5,106 FIRE CATT LLC Equipment Testing/Cert.Fire
282590 5,098 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
282615 5,067 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital
282697 5,061 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
1028093 5,011 WM MUELLER AND SONS INC Asphalt Overlay Stormwater Collection
282517 5,000 YMCA OF THE NORTH Other Contracted Services Housing and Community Service
282720 4,984 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
282550 4,935 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
282531 4,908 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1028015 4,900 VAN PAPER COMPANY Operating Supplies Den Road Liquor Store
282617 4,895 GRAYMONT Treatment Chemicals Water Treatment
8225 4,887 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
282621 4,852 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
8236 4,830 FURTHER - AKA SELECT HRA Health and Benefits
1027971 4,800 HAWKINS INC Treatment Chemicals Water Treatment
283011 4,798 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
282477 4,785 CATALYST GRAPHICS INC Printing Recycle Rebate
1028070 4,782 DAKOTA SUPPLY GROUP INC Capital Under $25,000 Water Metering
282726 4,778 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
282898 4,739 CROSS NURSERIES Landscape Materials/Supp Reforestation
282963 4,707 POSTMASTER Postage Communications
282456 4,688 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
282551 4,574 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
283020 4,555 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
282889 4,550 CALLYO 2009 CORP Other Contracted Services Police Sworn
282922 4,425 M R SIGN Signs Traffic Signs
1027914 4,382 VAN PAPER COMPANY Cleaning Supplies City Center - CAM
282798 4,371 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
282691 4,233 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1028035 4,229 STREICHERS Clothing & Uniforms Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments
283051 4,166 CARGILL INC Salt Snow & Ice Control
282438 4,112 WINEBOW Liquor Product Received Den Road Liquor Store
1027972 4,102 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
282595 4,076 ALADTEC INC Software Maintenance IT Operating
282817 4,061 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
8247 4,039 PFM ASSET MANAGEMENT LLC Interest Investment Fund
283050 4,000 BADGER STATE INSPECTION LLC Design & Engineering Water Capital
283021 3,996 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
283082 3,983 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Stormwater Collection
282750 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
282574 3,974 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
8271 3,905 PFM ASSET MANAGEMENT LLC Interest Investment Fund
282557 3,902 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
282391 3,873 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
282540 3,854 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
282459 3,844 WINEBOW Liquor Product Received Prairie View Liquor Store
282969 3,839 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
282420 3,784 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store2829523,783 STRAND MANUFACTURING CO INC Repair & Maint. Supplies Water Treatment
282671 3,728 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
283027 3,720 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
282920 3,703 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Day Camp
282760 3,686 H & L MESABI Equipment Parts Fleet Operating
8246 3,654 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
282807 3,569 VERIZON WIRELESS Miscellaneous IT Operating
283086 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
1028128 3,484 ITRON INC.Equipment Repair & Maint Water Metering
282448 3,469 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
8268 3,387 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
282524 3,355 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1028084 3,337 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Fleet Operating
283090 3,334 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
282819 3,328 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
282581 3,248 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
282825 3,243 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
282642 3,195 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
1027964 3,182 BIFFS INC Waste Disposal Stormwater Collection
282530 3,133 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
282668 3,129 WM CORPORATE SERVICES INC Waste Disposal General Community Center
282785 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service
282433 3,107 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
282466 3,076 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Hall (City Cost)
282774 3,074 LEAGUE MN CITIES INS TRUST Bond Insurance 494 Corridor Commission
8244 3,065 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission
1027919 3,057 CENTERPOINT ENERGY Gas Senior Center
282566 3,049 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
282918 3,007 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Fire Station #3
282643 3,000 MN DEPARTMENT OF NATURAL RESOURCES Licenses, Taxes, Fees Stormwater Capital
282939 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
1028089 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
282946 2,978 SIR LINES-A-LOT Other Contracted Services Capital Maint. & Reinvestment
282724 2,955 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
282594 2,926 AIRGAS USA LLC Supplies - Pool Pool Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282431 2,926 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
282773 2,921 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
1028055 2,899 FLEETPRIDE INC Equipment Parts Fleet Operating
282862 2,898 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
1028147 2,894 ZIEGLER INC Repair & Maint. Supplies Fleet Operating
282576 2,881 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1027951 2,858 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Maint. & Reinvestment
282522 2,805 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
283032 2,785 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
282955 2,760 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery
282652 2,731 PROP Other Contracted Services CDBG - Public Service
282588 2,724 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
283103 2,709 SIR LINES-A-LOT Other Contracted Services Capital Maint. & Reinvestment
1028117 2,677 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
282393 2,654 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1028136 2,649 POMP'S TIRE SERVICE INC Equipment Repair & Maint Fleet Operating
282682 2,619 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
282575 2,608 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store10280512,607 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
282840 2,598 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
282905 2,577 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
282478 2,570 CENTURYLINK Telephone City Center - CAM
1028121 2,519 CENTERPOINT ENERGY Gas Senior Center
1028145 2,517 WM MUELLER AND SONS INC Gravel Water Distribution
282803 2,514 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.Dunn Brothers
282892 2,504 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection
283084 2,500 MARSHBANK DARREN Tuition Reimbursement/School Organizational Services
1028003 2,500 BUESGENS RYAN Tuition Reimbursement/School Organizational Services
1028013 2,500 SOPPELAND, LONNIE Tuition Reimbursement/School Organizational Services
283059 2,490 CORE & MAIN Repair & Maint. Supplies Park Maintenance
282851 2,485 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1027955 2,484 FLEETPRIDE INC Equipment Parts Fleet Operating
282871 2,460 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
282818 2,448 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
282970 2,407 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1028074 2,397 GENUINE PARTS COMPANY Chemicals Ice Arena Maintenance
282412 2,381 WINEBOW Liquor Product Received Prairie Village Liquor Store
282437 2,373 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
282678 2,361 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
282794 2,355 PROP Other Contracted Services CDBG - Public Service
282689 2,351 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1027927 2,338 HAWKINS INC Treatment Chemicals Water Treatment
282763 2,294 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
1028137 2,277 PRAIRIE ELECTRIC COMPANY Contract Svcs - HVAC Pool Maintenance
282976 2,205 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
1028033 2,204 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Fire Station #4
282616 2,199 GADDIS INC Repair & Maint. Supplies Water Treatment
282896 2,134 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
8269 2,095 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1028017 2,089 ANCHOR PAPER COMPANY Office Supplies Customer Service
282489 2,083 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police
283049 2,080 AVR INC Asphalt Overlay Street Maintenance
1028115 2,077 ROSE, ALECIA Tuition Reimbursement/School Organizational Services
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028016 2,073 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects
282669 2,069 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
282768 2,047 HP INC Computers - Monitors IT Operating
282916 2,022 ISG Other Contracted Services Capital Maint. & Reinvestment
282926 2,011 MINGER CONSTRUCTION INC Improvement Contracts Stormwater Capital
282484 2,000 DAKOTA COUNTY CDA Other Contracted Services CDBG - Public Service
282611 2,000 DALEN PAUL Rebates Stormwater Non-Capital
1027894 1,997 VINOCOPIA Liquor Product Received Den Road Liquor Store
282453 1,993 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
282992 1,969 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
282695 1,942 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
282471 1,935 ARVIG Fiber Lease Payments IT Operating
283074 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
282714 1,891 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
282392 1,883 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
282573 1,870 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
282694 1,853 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
282467 1,850 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Stormwater Collection2823991,840 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
282959 1,835 VACKER INC Signs Water Capital
282984 1,831 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
283081 1,825 LUBE-TECH & PARTNERS LLC Equipment Repair & Maint Fleet Operating
282537 1,824 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
282704 1,818 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
282828 1,814 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1027965 1,809 CDW GOVERNMENT INC.Computers IT Operating
282404 1,804 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
283009 1,759 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
282389 1,758 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
282859 1,755 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1027976 1,682 METRO SALES INCORPORATED*Printing/Copying IT Operating
282546 1,671 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
282458 1,662 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
282723 1,633 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
282673 1,604 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
282954 1,600 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection
283001 1,599 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1027889 1,597 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
282405 1,595 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
282454 1,591 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
282908 1,581 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General
282513 1,580 THE ADVENT GROUP Temp 494 Corridor Commission
282790 1,567 PERA Wages and Benefits 494 Corridor Commission
283097 1,567 PERA Wages and Benefits 494 Corridor Commission
1028091 1,564 STREICHERS Clothing & Uniforms Police Sworn
1027934 1,559 POMP'S TIRE SERVICE INC Tires Fleet Operating
282879 1,550 ALL AMERICAN DOOR Other Contracted Services Rehab
282421 1,539 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
282759 1,535 GYM WORKS Equipment Repair & Maint Police Sworn
282771 1,534 J H LARSON COMPANY Supplies - Electrical Fire Station #4
1027899 1,521 VINOCOPIA Liquor Product Received Prairie View Liquor Store
282844 1,520 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
282718 1,506 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282836 1,491 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
8221 1,489 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
282913 1,482 INTERTECH INC Contract Development IT Operating
8273 1,477 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
283031 1,472 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1028031 1,451 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM
283038 1,444 M-R SIGN CO INC Signs Traffic Signs
282660 1,440 THE ADVENT GROUP Temp 494 Corridor Commission
282804 1,440 THE ADVENT GROUP Temp 494 Corridor Commission
283107 1,440 THE ADVENT GROUP Temp 494 Corridor Commission
282711 1,440 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1027952 1,417 CLAREY'S SAFETY EQUIPMENT EMS Supplies Fire
1028131 1,400 MARSHALL & SWIFT Software Maintenance IT Operating
282810 1,374 YORKTOWN OFFICES Rent 494 Corridor Commission
282953 1,368 STRYKER SALES CORPORATION EMS Supplies Fire
1028042 1,362 VINOCOPIA Liquor Product Received Den Road Liquor Store
282797 1,360 SHIRAZI ELHAM Conference/Prof. Dev.494 Corridor Commission
282956 1,360 THE ADVENT GROUP Temp 494 Corridor Commission2827081,355 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
282687 1,347 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1028116 1,340 VAN PAPER COMPANY Cleaning Supplies General Community Center
1028056 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
1028030 1,303 MENARDS Operating Supplies Yard Waste Site
282940 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
8275 1,296 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1028104 1,290 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
282519 1,290 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
282746 1,281 CORE & MAIN Repair & Maint. Supplies Water Metering
282864 1,277 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
282622 1,269 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
1027963 1,238 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects
1027897 1,237 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
282511 1,200 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection
282523 1,193 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
282564 1,176 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
283043 1,169 AERO DRAPERY AND BLIND Contract Svcs - General Bldg Fire Station #3
282681 1,165 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1028080 1,163 MENARDS Building Materials Water Treatment
282411 1,156 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1028050 1,140 AVI SYSTEMS INC Other Contracted Services Cable PEG
8262 1,135 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
282425 1,108 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
282924 1,100 MARTIN-MCALLISTER Other Contracted Services Organizational Services
282633 1,083 MARCO INC Hardware - R&M IT Operating
282728 1,074 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1028060 1,071 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance
1027942 1,068 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
282917 1,063 J H LARSON COMPANY Supplies - Electrical Fire Station #4
282624 1,052 INDIGO SIGNWORKS, INC.Protective Clothing Liquor Store Delivery
282500 1,050 MN DEPT TRANSPORTATION Equipment Repair & Maint Traffic Signals
282752 1,045 DODGE OF BURNSVILLE Equipment Repair & Maint Fleet Operating
1028045 1,036 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1027916 1,013 BACHMANS CREDIT DEPT Landscape Materials/Supp Reforestation
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028065 1,012 BOYER TRUCKS Equipment Parts Fleet Operating
1028106 997 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1027975 996 MENARDS Small Tools Fire Station #3
282494 987 JABS REECE Deposits General Fund
282496 984 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating
282630 975 LAVAN FLOOR COVERING Contract Svcs - General Bldg Senior Center
283017 971 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1027957 971 MPX GROUP, THE Printing Police Sworn
283016 965 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
282822 957 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1028026 956 GRAFIX SHOPPE Autos Fleet Capital
282730 955 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance
1028099 953 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
282886 947 BOUND TREE MEDICAL LLC EMS Supplies Fire
283040 940 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Traffic Signals
1027924 938 GRAFIX SHOPPE Autos Fleet - Police
282650 924 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
282422 913 DOMACE VINO Liquor Product Received Den Road Liquor Store8280912SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
282734 910 BOLTON & MENK INC Design & Engineering Stormwater Capital
282795 904 PUMP AND METER SERVICE Equipment Repair & Maint Fleet Operating
1027905 890 FASTENAL COMPANY Equipment Parts Fleet Operating
1027987 885 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1027969 870 FILTRATION SYSTEMS Supplies - HVAC General Community Center
282772 868 LAKE COUNTRY DOOR LLC Equipment Repair & Maint Utility Operations - General
282850 867 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
282745 859 CONSTRUCTION MIDWEST INC,Building Materials Park Maintenance
1027933 858 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1027930 857 MENARDS Landscape Materials/Supp Fire Station #2
282555 855 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1028063 854 VAN PAPER COMPANY Cleaning Supplies General Community Center
1027997 854 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1027992 852 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
282395 841 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
282674 840 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1028039 833 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
282578 831 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
282973 828 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
282464 827 AIRGAS USA LLC Supplies - Pool Pool Maintenance
283065 822 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
283024 820 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
282497 818 MASTER CRAFT LABELS INC Equipment Repair & Maint Emergency Management
282560 818 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1028129 818 JEFFERSON FIRE & SAFETY INC Equipment Parts Fire
283055 812 COLORADO TIME SYSTEMS Equipment Repair & Maint Pool Operations
1028041 800 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1027981 797 SPS COMPANIES Supplies - Plumbing City Center - CAM
282764 793 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Equipment Repair & Maint Public Safety Communications
1027921 790 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM
282479 783 CENTURYLINK Telephone Water Treatment
1028054 777 FASTENAL COMPANY Operating Supplies Fleet Operating
282544 769 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
282947 766 SMSC ENTERPRISES Landscape Materials/Supp Street Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1027991 762 VINOCOPIA Liquor Product Received Den Road Liquor Store
282493 751 J&W INSTRUMENTS INC Repair & Maint. Supplies Water Treatment
1028107 751 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
1028144 740 VISTAR CORPORATION Merchandise for Resale Concessions
1028110 740 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
282934 723 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1027974 716 JEFFERSON FIRE & SAFETY INC Equipment Repair & Maint Street Maintenance
1027949 715 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
282813 710 BRUNNETTE JODY AR Utility Water Enterprise Fund
282528 707 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
282441 706 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
282808 694 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment
1028043 691 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
282613 680 DODGE OF BURNSVILLE Equipment Repair & Maint Fleet Operating
1028101 677 VINOCOPIA Liquor Product Received Den Road Liquor Store
282429 674 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1027944 672 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1028135 668 MTI DISTRIBUTING INC Equipment Parts Fleet Operating1027890661BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
282565 661 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
282662 660 US BANK Interest Investment Fund
1027908 656 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
282888 655 BRO-TEX INC Operating Supplies Fleet Operating
283101 650 RIVER CITY CANVAS LLC Equipment Repair & Maint Fire
282587 649 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
282846 645 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
282744 642 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance
282603 640 CENTURYLINK Telephone IT Operating
283067 640 FIRE SAFETY USA INC Protective Clothing Fleet Operating
282906 635 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
282812 634 WILHITE MARK AR Utility Water Enterprise Fund
282591 632 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
282625 632 INNOVATIVE GRAPHICS Operating Supplies Police Sworn
282415 626 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
283010 625 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
8240 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
8258 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
8237 616 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
1028076 615 GRAINGER Repair & Maint. Supplies City Center - CAM
282543 615 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
282572 604 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
283053 603 CEMSTONE PRODUCTS COMPANY Building Materials Capital Outlay Parks
282653 600 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs
283054 596 CINTAS CORPORATION Safety Supplies Community Center Admin
1028120 595 CDW GOVERNMENT INC.Autos Fleet - Police
282715 581 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1028090 581 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Utility Operations - General
283008 580 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
282882 579 ASPEN MILLS Clothing-TurnOut Gear Fire
282857 573 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
282468 572 AMERICAN PRESSURE INC Contract Svcs - General Bldg Maintenance Facility
8253 570 FURTHER - AKA SELECT HRA Health and Benefits
282805 570 US BANK Interest Investment Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282919 570 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn
1027996 567 VINOCOPIA Liquor Product Received Prairie View Liquor Store
282872 567 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
282927 567 MINNEAPOLIS REGIONAL CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission
282942 566 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
282884 565 BASELINE INC Other Contracted Services Park Maintenance
1028000 554 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1028058 551 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery
1027931 549 METRO ELEVATOR INC Equipment Repair & Maint Utility Operations - General
1028118 548 2ND WIND EXERCISE Health & Fitness Fire
282605 547 COLE PAPERS INC Operating Supplies Fire
282779 546 MARCO INC Operating Supplies IT Operating
283069 545 GERTENS Landscape Materials/Supp Park Maintenance
282632 545 LINDSTROM RESTORATION Other Contracted Services Police Sworn
1027913 543 THE OASIS GROUP Employee Assistance Organizational Services
1028061 543 THE OASIS GROUP Employee Assistance Organizational Services
282735 540 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Water Distribution
282914 540 INTREPID NETWORKS LLC Other Contracted Services Police Sworn282676538HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
8255 533 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1027946 528 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
282765 528 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance
282887 520 BRIN GLASS SERVICE Contract Svcs - General Bldg Park Shelters
1028004 519 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating
282688 516 WINEBOW Liquor Product Received Prairie Village Liquor Store
282876 514 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
282935 514 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Outdoor Center Facilities
1027989 512 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1027995 512 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1027892 510 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
282933 510 NORTON HOMES Reimburse-legal notices General Fund
282949 510 STAPLES ADVANTAGE Office Supplies Customer Service
283100 505 RETROFIT COMPANIES, INC, THE Supplies - Electrical General Community Center
282516 505 WM CORPORATE SERVICES INC Landscape Materials/Supp Street Maintenance
282584 504 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
282562 502 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
282586 502 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
282623 500 HERRERA CADEX Other Contracted Services Arts
282536 494 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
282435 487 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
282814 478 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1027962 477 VAN PAPER COMPANY Tenant 1-Cleaning Supply General Community Center
283048 477 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
282618 475 GYM WORKS Equipment Repair & Maint Fitness Center
282677 467 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
8233 464 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
282556 463 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1027986 462 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
283026 461 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
282451 461 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
282402 458 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
1028085 457 PREMIUM WATERS INC Operating Supplies - Water Fire
282567 455 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1027970 454 GRAINGER Supplies - HVAC Maintenance Facility
282923 454 MARS SUPPLY Lubricants & Additives Fleet Operating
282629 450 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Youth Programs Admin
1028029 442 HD SUPPLY FACILITIES MAINTENANCE Repair & Maint. Supplies Facilities Staff
282962 438 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility
282432 436 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
282866 431 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
282891 431 CB EDEN PRAIRIE HOUSING LTD PARTNERSHIP Reimburse-legal notices General Fund
282890 429 CAMPBELL KNUTSON, P.A.Legal WAFTA
282999 423 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
282424 415 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
282893 412 CENTURYLINK Telephone Wastewater Lift Station
1028048 411 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
282990 410 WINEBOW Liquor Product Received Prairie Village Liquor Store
1028018 408 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
1028132 408 MENARDS Operating Supplies Park Maintenance
282701 407 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
8265 406 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration282994396BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
283075 396 I-STATE TRUCK CENTER Equipment Repair & Maint Fleet Operating
283002 394 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
282657 394 STAPLES ADVANTAGE Office Supplies Customer Service
282645 394 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development
282897 393 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
282971 390 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
1027945 390 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
282870 389 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
282753 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service
1028083 388 PITNEY BOWES Postage Customer Service
1028073 386 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
283029 383 MEGA BEER Liquor Product Received Prairie View Liquor Store
282593 381 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Street Maintenance
282717 378 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
282597 378 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie Village Liquor Store
282827 376 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
283092 375 MRPA Conference/Training Parks Administration
1028001 375 ALBERS, JASON Operating Supplies Fire
1028092 373 TEE JAY NORTH INC Building Repair & Maint.Den Road Liquor Store
282788 370 PAPCO INC Janitor Service General Community Center
282769 370 INDIGO SIGNWORKS, INC.Advertising Arts in the Park
283052 369 CBIZ BENEFITS & INSURANCE SERVICES INC Other Contracted Services Health and Benefits
282696 369 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
282843 365 DOMACE VINO Liquor Product Received Den Road Liquor Store
282829 363 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
282978 361 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
282767 360 HLS OUTDOOR Landscape Materials/Supp Park Maintenance
283110 360 HLS OUTDOOR Landscape Materials/Supp Park Maintenance
282833 360 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
282592 360 1ST SOURCE BUSINESS SUPPLIES Cleaning Supplies Facilities Operating ISF
282842 359 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
283061 357 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
1028125 356 GRAINGER Safety Supplies Fire Station #2
282881 355 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282834 353 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
282902 352 ENERGY SALES INC Supplies - HVAC Fire Station #2
1027906 351 GOODIN COMPANY Supplies - Pool Pool Maintenance
1027983 348 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance
1028111 348 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance
1027956 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service
282737 342 CENTURYLINK Internet Staring Lake
283068 342 GALLS LLC Clothing & Uniforms Volunteers
282394 341 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
282548 333 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
282483 330 CONTINENTAL SAFETY EQUIPMENT Repair & Maint - Ice Rink Ice Arena Maintenance
1028002 326 BARRIE SPENCER Clothing & Uniforms Police Sworn
282401 325 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
282428 325 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
282900 325 DEALER AUTOMOTIVE SERVICES INC Autos Fleet - Police
282580 324 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
282776 324 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
282815 324 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store282837324BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
282709 323 WINEBOW Liquor Product Received Den Road Liquor Store
282979 321 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
1027937 320 VIKING ELECTRIC SUPPLY Supplies - Electrical Pool Maintenance
282749 320 DELTA DENTAL Wages and Benefits 494 Corridor Commission
1027980 320 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
1028023 320 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating
282961 318 WATER CONSERVATION SERVICES INC Other Contracted Services Water Distribution
1028109 317 FASTENAL COMPANY Equipment Parts Fleet Operating
1028102 316 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1027943 314 VINOCOPIA Liquor Product Received Den Road Liquor Store
282470 312 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
282627 309 J H LARSON COMPANY Supplies - Electrical City Center - CAM
282989 308 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
282931 306 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
282733 305 ASSURED SECURITY Equipment Repair & Maint Utility Operations - General
1028123 304 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
1027902 302 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1028032 302 MINNESOTA EQUIPMENT Equipment Repair & Maint Fleet Operating
282755 300 FOKKEN KYLE Other Contracted Services Arts
1028067 298 CDW GOVERNMENT INC.Operating Supplies IT Operating
282787 297 NINE MILE CREEK WATERSHED DISTRICT Instructor Service Stormwater Non-Capital
282967 297 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
283018 297 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
8272 296 US BANK - PAYMODE Bank and Service Charges Finance
283073 296 IDN-H. HOFFMAN, INC Supplies - Security Ice Arena Maintenance
283083 293 MARCO INC Operating Supplies IT Operating
1027940 291 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
282661 291 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
282852 290 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
283000 289 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
283030 288 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
282541 288 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store
282571 288 STACKED DECK BREWING Liquor Product Received Den Road Liquor Store
283079 288 LANO EQUIPMENT INC Equipment Repair & Maint Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282639 288 MINNESOTA POLLUTION CONTROL AGENCY Waste Disposal Fleet Operating
282732 287 ASPEN MILLS Postage Police Sworn
282824 284 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1028105 283 VINOCOPIA Liquor Product Received Prairie View Liquor Store
8245 281 OPTUM HEALTH Other Contracted Services Health and Benefits
282563 281 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
283077 281 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Ice Arena Maintenance
283099 280 PROP - PR Charitable Contributions Health and Benefits
282656 279 ST CROIX LINEN LLC Operating Supplies-Linens Fire
282799 279 ST CROIX LINEN LLC Operating Supplies-Linens Fire
282948 279 ST CROIX LINEN LLC Operating Supplies-Linens Fire
282957 278 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
283044 277 ALTEC INDUSTRIES INC Equipment Repair & Maint Park Maintenance
1027998 276 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1028011 275 PAUL'S TWO-WAY RADIO Equipment Repair & Maint Public Safety Communications
1028059 274 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1027895 273 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
282800 273 STAPLES ADVANTAGE Office Supplies Customer Service282855273STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store
1028057 272 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance
1028037 270 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance
282552 269 DOMACE VINO Liquor Product Received Den Road Liquor Store
282559 268 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
282816 268 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
282972 266 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
283006 262 MEGA BEER Liquor Product Received Den Road Liquor Store
282450 260 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
283005 260 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1028044 260 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
282675 257 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1028134 256 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
283105 254 STAPLES ADVANTAGE Office Supplies Customer Service
1028027 253 GRAINGER Repair & Maint. Supplies City Hall (City Cost)
282397 253 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
283085 252 MASTER CRAFT LABELS INC Repair & Maint. Supplies Emergency Management
283012 252 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
283037 250 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
283047 250 ASSURED SECURITY Supplies - General Bldg City Center - CAM
282476 250 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance
282455 249 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
282553 249 GITCH GEAR LLC Liquor Product Received Den Road Liquor Store
1028112 249 PAPER DIRECT INC Office Supplies Customer Service
282965 248 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
282538 247 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
282751 247 DIRECTV Cable TV Community Center Admin
282525 245 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
282802 245 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
282982 242 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
282498 242 METRO UPHOLSTERY Equipment Repair & Maint Fleet Operating
282869 240 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
283098 240 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire
1028021 240 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
282958 240 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282820 239 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
282446 235 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
283046 235 ASPEN MILLS Clothing & Uniforms Fire
8251 234 VANCO SERVICES Bank and Service Charges Wastewater Accounting
1027910 233 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
282686 231 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
282472 231 ASSURED SECURITY Other Contracted Services Miller Park
282703 228 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
283023 226 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
1028138 226 REINDERS INC Landscape Materials/Supp Park Maintenance
283072 226 HOME DEPOT CREDIT SERVICES Supplies - HVAC City Hall (City Cost)
282598 223 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
1028142 223 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection
283033 222 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
1028009 219 MPX GROUP, THE Printing Fire
1028113 218 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1028012 218 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
283088 218 MINNESOTA SUPPLY COMPANY Contract Svcs - HVAC General Community Center8228217WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store
282460 217 1ST SOURCE BUSINESS SUPPLIES Supplies - Fire/Life/Safety Facilities Operating ISF
282710 216 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1028046 214 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
282568 212 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
1028122 212 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
282510 211 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
282469 210 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store
282731 210 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store
283045 210 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store
282504 210 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Den Bldg. - CAM
283058 210 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
282980 208 MEGA BEER Liquor Product Received Prairie Village Liquor Store
1028103 204 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
1027935 203 SPRINT Cell Phones 494 Corridor Commission
1027929 203 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
282648 202 NORTHERN TOOL Small Tools Fleet Operating
1027954 202 FASTENAL COMPANY Equipment Parts Fleet Operating
282983 202 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
282579 200 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
282783 200 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie View Liquor Store
282823 200 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
282966 200 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store
1028066 199 CAWLEY COMPANY, THE Clothing & Uniforms Prairie View Liquor Store
282474 198 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
282390 198 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
282416 198 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
282442 198 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
282719 197 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
282527 195 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
282554 195 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
1027900 194 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
283111 194 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Wastewater Lift Station
282529 192 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
1027961 192 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282975 190 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
282606 190 COMCAST Internet IT Operating
282667 189 WILLIAMS MICHAEL AR Utility Water Enterprise Fund
282520 189 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
282547 189 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
282535 188 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1028108 187 CUSTOM HOSE TECH Equipment Parts Fleet Operating
282485 186 DALCO Lubricants & Additives Fleet Operating
282853 186 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
282532 185 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1028100 182 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1028096 181 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
282936 180 PAPCO INC Janitor Service City Center - CAM
282832 180 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
1027993 180 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
282457 177 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
282509 176 STAPLES ADVANTAGE Clothing & Uniforms Customer Service
1028053 176 EICHMAN NATHAN Canine Supplies Fleet Operating1027950175WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
282683 175 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
282707 174 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1028040 174 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
282508 173 SILVER STAR INDUSTRIES Autos Fleet - Police
282439 168 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
282727 168 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
282762 168 HATHAWAY BRIAN AR Utility Water Enterprise Fund
282700 166 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1028034 165 STERICYCLE INC Other Contracted Services Police Sworn
1028049 165 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
282670 162 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
282690 162 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1027999 162 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
282569 161 SMALL LOT MN Liquor Product Received Den Road Liquor Store
282423 160 GITCH GEAR LLC Liquor Product Received Den Road Liquor Store
282987 160 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store
283015 160 STACKED DECK BREWING Liquor Product Received Den Road Liquor Store
283036 160 STACKED DECK BREWING Liquor Product Received Prairie View Liquor Store
1028075 159 GRAFIX SHOPPE Equipment Parts Fleet Operating
1027959 159 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
282561 158 MEGA BEER Liquor Product Received Den Road Liquor Store
282406 157 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
282985 157 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
282414 157 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
1028095 155 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1027898 155 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
282599 154 ASPEN MILLS Clothing & Uniforms Police Sworn
282542 153 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
282988 153 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
283089 152 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
1028141 150 TWIN CITY FILTER SERVICE INC Equipment Repair & Maint Water Supply (Wells)
282398 150 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
282644 150 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance
282849 150 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282875 150 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1028143 150 USA SECURITY Maintenance Contracts Water Treatment
282463 149 AHMED SHAIK Inspection Fee Housing Inspections
1027948 149 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1027920 148 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
283095 147 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center
282998 147 DOMACE VINO Liquor Product Received Den Road Liquor Store
282974 146 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
282403 144 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
282430 144 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
282452 144 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1027994 144 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
282534 142 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
282856 141 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
282506 140 PROP - PR Charitable Contributions Health and Benefits
282806 140 VANLANGENDON, JEFFREY P&R Refunds Community Center Admin
282583 139 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1027907 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service282408138STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
282981 137 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
1028130 137 KUSTOM SIGNALS INC Equipment Repair & Maint Police Sworn
283022 135 DOMACE VINO Liquor Product Received Prairie View Liquor Store
282845 134 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
283080 134 LIGHTING PLASTICS OF MN Cleaning Supplies-Gen Bldg City Center - CAM
282821 132 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
282481 132 COMCAST Phone/Data/Web 494 Corridor Commission
1028052 131 CONCRETE CUTTING AND CORING Operating Supplies Street Maintenance
283039 131 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Park Maintenance
282741 130 COMCAST Cable TV Fire
283013 130 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store
282577 129 GITCH GEAR LLC Liquor Product Received Prairie View Liquor Store
282609 126 CORE & MAIN Operating Supplies Park Maintenance
282960 124 VERIZON WIRELESS Telephone IT Operating
282880 122 ALTEC INDUSTRIES INC Equipment Parts Street Maintenance
1027901 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1027941 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1027988 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1027909 122 OLSON, ROBERT Mileage & Parking Police Sworn
282533 122 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
282396 120 GITCH GEAR LLC Liquor Product Received Prairie Village Liquor Store
1027925 119 GRAINGER Repair & Maint. Supplies Utility Operations - General
1027947 119 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
282620 118 HAGERT CASEY Mileage & Parking Youth Programs Admin
283104 117 SNAP-ON TOOLS Small Tools Fleet Operating
282640 116 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1027990 115 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
282838 114 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
282680 113 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
282702 113 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
282722 113 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1028072 112 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
282716 111 DOMACE VINO Liquor Product Received Prairie View Liquor Store
283007 109 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028025 109 FRONTIER PRECISION INC Operating Supplies IT Operating
282932 109 NORTHLAND CHEMICAL CORP Operating Supplies Fleet Operating
1027891 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1027896 106 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
1028098 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
282482 105 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
282503 104 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
282738 103 COMCAST Cable TV Fire
282518 102 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
282545 102 56 BREWING LLC Liquor Product Received Den Road Liquor Store
282835 102 56 BREWING LLC Liquor Product Received Den Road Liquor Store
282964 102 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store
282991 101 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
282413 100 56 BREWING LLC Liquor Product Received Den Road Liquor Store
282865 100 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
283025 100 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
1028081 100 MINNESOTA EQUIPMENT Equipment Parts Street Maintenance
282596 96 APCO INTERNATIONAL Dues & Subscriptions Police Sworn28269996JUST PLAIN WRONG BREWING CO LLC Liquor Product Received Den Road Liquor Store
1028047 95 VINOCOPIA Liquor Product Received Prairie View Liquor Store
282945 94 SHRED RIGHT Waste Disposal City Hall (City Cost)
1027917 93 BIFFS INC Waste Disposal Riley Lake
282539 93 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
1028005 93 FLEETPRIDE INC Equipment Parts Fleet Operating
1027985 93 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
282410 92 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
282638 90 MINNESOTA BD OF PEACE OFFICER STANDARDS Dues & Subscriptions Police Sworn
282473 90 BADGER METER Repair & Maint. Supplies Water Metering
282480 90 COMCAST Internet IT Operating
283057 90 COMCAST Internet IT Operating
1027888 90 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
282526 89 GITCH GEAR LLC Liquor Product Received Prairie Village Liquor Store
282589 89 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
8278 88 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
282910 87 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
8231 87 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
1028097 87 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1027904 87 CUSTOM HOSE TECH Equipment Parts Fleet Operating
282739 86 COMCAST Cable TV Fire
283042 86 ABRAMOVICH GENNADIY Clothing & Uniforms Police Sworn
282440 84 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
282409 82 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
282447 80 GITCH GEAR LLC Liquor Product Received Prairie View Liquor Store
282604 80 CINTAS Operating Supplies Park Maintenance
282585 79 MEGA BEER Liquor Product Received Prairie View Liquor Store
282789 79 PARK NICOLLET OPTICAL Safety Supplies Emergency Management
282501 78 MUELLER NANO P&R Refunds Community Center Admin
282830 78 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
282873 78 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
1027893 78 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
282725 77 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store
282937 77 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
282684 77 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
283034 77 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
1027960 76 STOVRING, LESLIE Mileage & Parking Stormwater Non-Capital
282614 75 EDEN PRAIRIE NOON ROTARY CLUB Conference/Training Housing and Community Service
282786 75 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
282912 75 HILDI INC Audit & Financial Finance
1027966 75 CITI-CARGO & STORAGE CO, INC Other Rentals Eden Prairie Players
283062 74 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
282434 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store
282465 72 ALTEC INDUSTRIES INC Equipment Repair & Maint Park Maintenance
282993 70 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
282740 69 COMCAST Cable TV Fire
1028007 69 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
282858 68 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
1027953 68 CUSTOM HOSE TECH Equipment Parts Fleet Operating
1027923 67 GINA MARIAS INC Operating Supplies Volunteers
1028124 67 GINA MARIAS INC Operating Supplies Volunteers
282499 66 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
1028008 65 METROPOLITAN FORD Equipment Parts Fleet Operating102790365CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance
282944 63 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
282904 61 FASTSIGNS Signs Miller Park
8249 61 MONEY MOVERS INC Other Contracted Services Community Center Admin
8234 60 SQUARE Bank and Service Charges Den Road Liquor Store
1027939 59 ZIEGLER INC Equipment Parts Fleet Operating
282899 59 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
1027928 58 JEFFERSON FIRE & SAFETY INC Repair & Maint. Supplies Fire
1027958 58 OLSEN CHAIN & CABLE Equipment Parts Fleet Operating
282921 57 LANO EQUIPMENT INC Equipment Parts Fleet Operating
283076 56 JOHNSTONE SUPPLY Repair & Maint. Supplies Prairie View Liquor Store
8222 55 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
8250 55 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
8267 55 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
282607 55 COMCAST Cable TV Fire
282878 54 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Park Maintenance
282637 54 MINNESOTA AIR INC Supplies - HVAC Park Shelters
1027968 52 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
1028019 51 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
282894 50 COMCAST Internet IT Operating
282388 50 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
282811 50 WRIGHT COUNTY SHERIFF'S DEPT.Deposits General Fund
282903 50 EROSION PRODUCTS LLC Repair & Maint. Supplies Stormwater Collection
283093 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
283108 48 UNITED WAY Charitable Contributions Health and Benefits
282628 48 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn
283060 47 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
283094 47 OMEGA INDUSTRIES Operating Supplies Park Maintenance
283056 46 COMCAST Cable TV Fire
282929 46 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
282634 45 MCFOA Dues & Subscriptions City Clerk
282646 43 NEUMANN, NEAL Conference/Training Softball
1028087 42 SPRINT Cell/Pager Plans IT Operating
282417 41 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
282521 41 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
282860 41 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
282461 37 A TO Z RENTAL CENTER Chemicals Street Maintenance
282487 36 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
282782 35 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Concessions
282729 34 A TO Z RENTAL CENTER Equipment Repair & Maint Emergency Management
282626 34 ISC COMPANIES INC Repair & Maint. Supplies Water Treatment
1027918 30 BOYER TRUCKS Equipment Parts Fleet Operating
1027911 28 ROCKEY, JOSH Mileage & Parking Senior Center Admin
282911 25 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
283106 25 STATE OF MINNESOTA Autos Fleet - Police
282491 25 HEALY, STEPHEN Deposits General Fund
1028114 25 ROCKEY, JOSH Mileage & Parking Senior Center Admin
282514 24 UNITED WAY Charitable Contributions Health and Benefits
282895 23 COMCAST Other Contracted Services Police Sworn
282930 23 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
1028062 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Water Distribution
282658 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
8263 20 SAGE PAYMENT SOLUTIONS Bank and Service Charges Arts828220SAGE PAYMENT SOLUTIONS Bank and Service Charges Arts
282748 20 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Fire
1028014 20 SPOK, INC.Cell/Pager Plans IT Operating
283102 17 SHRED RIGHT Waste Disposal City Hall (City Cost)
1028006 15 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
282770 14 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
282950 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
282610 14 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
282778 14 MARCINEK ANTHONY P&R Refunds Community Center Admin
282801 14 STEPHENS LAURA P&R Refunds Community Center Admin
282951 14 STEPHENS LAURA P&R Refunds Community Center Admin
282641 13 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
8281 12 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
282747 11 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
282756 10 GALLS LLC Clothing & Uniforms Volunteers
282784 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
1028024 7 FERRELLGAS Equipment Parts Fleet Operating
8223 7 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
282602 7 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
1028010 7 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
282488 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
283063 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
283064 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
282742 4 COMCAST Other Contracted Services Police Sworn
282515 1 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Traffic Signals6,840,777 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
6/15/2021
Amount Account Description Business Unit
9,495 Other Revenue General Fund
2,752 Operating Supplies Fire
1,100 Operating Supplies Park Maintenance
949 Capital Under $25,000 Fitness Classes
947 Operating Supplies Playgrounds
860 Operating Supplies Tennis
800 Small Tools Fire
800 Operating Supplies Tennis
775 Bank and Service Charges Prairie View Liquor Store
771 Equipment Repair & Maint Park Maintenance
649 Small Tools Fire
597 Tuition Reimbursement/School Police Sworn
591 Dues & Subscriptions Sustainable Eden Prairie
549 Licenses, Taxes, Fees Fitness Classes
512 Training Supplies Police Sworn
501 Autos Fleet - Police
475 Operating Supplies Police Sworn
450 Advertising Community Center Admin
420 Conference/Training Finance
392 Operating Supplies Tennis
387 Repair & Maint. Supplies Utility Operations - General
385 Operating Supplies Fire
379 Operating Supplies Playgrounds
364 Repair & Maint. Supplies Police (City Cost)
359 Tuition Reimbursement/School Police Sworn
350 Dues & Subscriptions Concessions
349 Signs Tree Disease
342 Operating Supplies Theatre Initiative
327 Operating Supplies Police Sworn
300 Conference/Training Planning
300 Repair & Maint. Supplies Water Treatment
300 Other Contracted Services Liquor Store Delivery
299 Dues & Subscriptions Economic Development
293 Miscellaneous City Council
288 Equipment Parts Fleet Operating
287 Operating Supplies Police Sworn
282 Operating Supplies Pool Operations
280 Clothing & Uniforms Police Sworn
280 Clothing & Uniforms Police Sworn
279 Other Contracted Services City Center - CAM
273 Conference/Training Pool Operations
237 Operating Supplies Police Sworn
Amount Account Description Business Unit
235 Tuition Reimbursement/School Police Sworn
235 Tuition Reimbursement/School Police Sworn
227 Operating Supplies Special Initiatives
226 Miscellaneous Police Sworn
215 Operating Supplies Police Sworn
204 Miscellaneous City Council
203 Operating Supplies Playgrounds
200 Testing Water Treatment
200 Conference/Training Pool Operations
199 Tuition Reimbursement/School Police Sworn
199 Tuition Reimbursement/School Police Sworn
199 Tuition Reimbursement/School Police Sworn
195 Other Contracted Services Park Maintenance
186 Operating Supplies Police Sworn
185 Office Supplies Police Sworn
184 Miscellaneous City Council
180 Operating Supplies Park Maintenance
179 Training Supplies Police Sworn
177 Operating Supplies Arts Center
175 Tuition Reimbursement/School Police Sworn
173 Repair & Maint. Supplies Franlo Park
165 Operating Supplies Police Sworn
162 Miscellaneous City Council
157 Employee Award Organizational Services
152 Operating Supplies Police Sworn
151 Signs Tree Disease
150 Software/Hardware Maint.IT Operating
149 Video & Photo Supplies Fire
148 Travel Expense Fire
146 Operating Supplies Police Sworn
144 Licenses, Taxes, Fees Economic Development
142 Equipment Repair & Maint Wasterwater Collection
138 Operating Supplies Street Maintenance
136 Training Supplies Police Sworn
135 Operating Supplies Lesson Skills Development
130 Operating Supplies Park Maintenance
130 Conference/Training Engineering
129 Conference/Training IT Operating
129 Tuition Reimbursement/School Police Sworn
129 Conference/Training Economic Development
126 Operating Supplies Summer Theatre
125 Conference/Training Utility Operations - General
122 Operating Supplies Police Sworn
122 Office Supplies Police Sworn
112 Travel Expense Fire
105 Dues & Subscriptions Assessing
Amount Account Description Business Unit
103 Operating Supplies Arts Center
102 Operating Supplies Arts Center
100 Licenses, Taxes, Fees Fitness Classes
99 Training Fire
95 Repair & Maint. Supplies Stormwater Collection
94 Operating Supplies Pool Operations
94 Operating Supplies IT Operating
90 Software/Hardware Maint.Fire
90 Operating Supplies Pool Operations
87 Equipment Repair & Maint Fitness Classes
86 Small Tools Fleet Operating
86 Repair & Maint. Supplies City Hall (City Cost)
85 Operating Supplies Police Sworn
85 Operating Supplies Engineering
84 Operating Supplies Special Initiatives
82 Office Supplies Police Sworn
80 Equipment Parts Fleet Operating
80 Signs Tree Disease
79 Operating Supplies Outdoor Center
77 Operating Supplies Park Maintenance
75 Autos Fleet - Police
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Dues & Subscriptions Police Sworn
73 Operating Supplies Police Sworn
70 Licenses, Taxes, Fees Park Maintenance
70 Other Contracted Services Organizational Services
69 Operating Supplies Fire
69 Equipment Repair & Maint Prairie Village Liquor Store
61 Operating Supplies Playgrounds
61 Equipment Parts Fleet Operating
60 Training Fire
60 Dues & Subscriptions Utility Operations - General
60 Conference/Training Youth Programs Admin
59 Operating Supplies Senior Center Admin
59 Operating Supplies Senior Center Admin
59 Operating Supplies Fire
59 Clothing & Uniforms Fire
58 Operating Supplies Recycle Rebate
57 Operating Supplies Special Initiatives
55 Process Control Equipment IT Operating
52 Operating Supplies Fire
52 Equipment Repair & Maint Police Sworn
50 Small Tools Fleet Operating
Amount Account Description Business Unit
50 Conference/Training Senior Center Admin
50 Conference/Training Senior Center Admin
50 Tuition Reimbursement/School Police Sworn
50 Clothing & Uniforms Police Sworn
50 Computers IT Operating
48 Other Contracted Services Park Maintenance
48 Office Supplies Fire
47 Repair & Maint. Supplies Maintenance Facility
47 Operating Supplies Fitness Classes
46 Operating Supplies New Adaptive
45 Office Supplies Police Sworn
44 Computers Recreation Admin
44 Operating Supplies Arts Center
43 Repair & Maint. Supplies Utility Operations - General
40 Special Event Fees Senior Center Programs
40 Operating Supplies Police Sworn
39 Other Contracted Services Organizational Services
39 Office Supplies Park Maintenance
39 Operating Supplies Senior Center Admin
38 Video & Photo Supplies Finance
37 Operating Supplies Summer Theatre
37 Operating Supplies Police Sworn
37 Training Supplies Police Sworn
37 Training Supplies Police Sworn
37 Training Supplies Police Sworn
37 Training Supplies Police Sworn
37 Training Supplies Police Sworn
37 Training Supplies Police Sworn
37 Training Supplies Police Sworn
37 Training Supplies Police Sworn
37 Training Supplies Police Sworn
37 Training Supplies Police Sworn
36 Operating Supplies Outdoor Center
35 Training Supplies Fire
35 Licenses, Taxes, Fees Park Maintenance
35 Licenses, Taxes, Fees Park Maintenance
34 Operating Supplies Outdoor Center
33 Software/Hardware Maint.IT Operating
33 Motor Fuels Fleet Operating
33 Small Tools Street Maintenance
32 Operating Supplies Arts Center
30 Equipment Parts Fleet Operating
30 Equipment Parts Fleet Operating
30 Computers IT Operating
29 Operating Supplies Engineering
28 Operating Supplies Special Initiatives
Amount Account Description Business Unit
28 Patching Asphalt Street Maintenance
27 Equipment Parts Fleet Operating
26 Operating Supplies Arts Center
26 Dues & Subscriptions Fire
26 Operating Supplies Special Initiatives
26 Repair & Maint. Supplies Water Distribution
26 Office Supplies Police Sworn
25 Repair & Maint. Supplies Park Maintenance
25 Operating Supplies Outdoor Center
24 Cleaning Supplies Sustainable Eden Prairie
23 Operating Supplies Arts Center
23 Equipment Repair & Maint Fitness Classes
23 Operating Supplies Pool Lessons
23 Employee Award Organizational Services
22 Operating Supplies Outdoor Center
21 Operating Supplies Senior Center Admin
21 Equipment Parts Fleet Operating
20 Operating Supplies Park Maintenance
20 Training Fire
20 Conference/Training Housing and Community Service
20 Operating Supplies Fitness Classes
20 Operating Supplies Park Maintenance
19 Travel Expense Fire
19 Clothing & Uniforms Summer Theatre
19 Operating Supplies Police Sworn
17 Operating Supplies Outdoor Center
17 Operating Supplies Fleet Operating
16 Operating Supplies Special Initiatives
16 Operating Supplies Outdoor Center
16 Conference/Training Housing and Community Service
15 Conference/Training Planning
15 Operating Supplies Fitness Center
14 Equipment Parts Fleet Operating
14 Operating Supplies Arts Center
14 Equipment Parts Fleet Operating
14 Operating Supplies Volunteers
14 Operating Supplies Arts Center
14 Postage Utility Operations - General
14 Operating Supplies Summer Theatre
13 Lab Supplies Water Treatment
13 Training Supplies Fire
13 Office Supplies Arts Center
12 Operating Supplies IT Operating
12 Operating Supplies Arts Center
11 Office Supplies Fire
11 Operating Supplies Arts Center
Amount Account Description Business Unit
11 Safety Supplies Fitness Classes
11 Operating Supplies Staring Lake Concert
11 Operating Supplies Pool Operations
10 Licenses, Taxes, Fees Fleet Operating
9 Operating Supplies Park Maintenance
9 Operating Supplies Senior Center Admin
8 Dues & Subscriptions Police Sworn
8 Operating Supplies Fitness Admin.
8 Repair & Maint. Supplies Utility Operations - General
7 Operating Supplies Park Maintenance
6 Operating Supplies Fitness Classes
5 Employee Award Organizational Services
5 Dues & Subscriptions Police Sworn
5 Operating Supplies Specialty Fitness Programs
5 Licenses, Taxes, Fees Fleet Operating
5 Licenses, Taxes, Fees Fleet Operating
5 Operating Supplies Senior Center Admin
4 Bank and Service Charges Customer Service
4 Repair & Maint. Supplies Utility Operations - General
4 Operating Supplies Prairie Village Liquor Store
4 Dues & Subscriptions Police Sworn
3 Office Supplies Police Sworn
-2 Equipment Repair & Maint Fitness Classes
-6 Equipment Repair & Maint Fitness Classes
-26 Office Supplies Police Sworn
-94 Operating Supplies IT Operating
-168 Conference/Training Pool Operations
-205 Miscellaneous City Council
-500 Deposits General Fund
-531 Deposits General Fund
-860 Operating Supplies Tennis
42,795 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DATE:
June 15, 2021
DEPARTMENT / DIVISION:
Rick Getschow
City Manager
ITEM DESCRIPTION:
Adopt Resolution Terminating Local Emergency
ITEM NO.:
XI.A.
Requested Action Move to: Adopt Resolution Terminating Local Emergency
Synopsis In response to the COVID-19 pandemic, on March 16, 2020 the Mayor declared a local emergency
pursuant to Minnesota Statutes Section 12.29, and the City Council extended the local emergency on March 17, 2020 by adopting Resolution No. 2020-47. The local emergency declaration and resolution authorized the City to take all action necessary to respond to the emergency and permitted the execution of emergency agreements and contracts outside of normal purchasing, competitive bidding, and other statutory requirements.
The recent availability and prevalence of highly effective vaccines for COVID-19 has greatly reduced the risk posed by the virus, and the state positivity rate continues to fall. The City no longer requires the emergency powers provided by law in order to effectively respond
to any continuing impacts of the pandemic. Staff recommends approval of the attached resolution terminating the local emergency. The resolution also provides that meetings subject to the Open Meeting Law, including meetings of the City Council as well as City boards and commissions, will now be held in person unless criteria for
remote participation are met as provided in Minnesota Statutes Sections 13D.02 or 13D.021. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-
A RESOLUTION ENACTED PURSUANT TO MINNESOTA STATUTES SECTION 12.29 TERMINATING LOCAL EMERGENCY
WHEREAS, on March 16, 2020, Ronald A. Case, the Mayor of the City of Eden Prairie, Minnesota, issued a Proclamation and Declaration of Local Emergency declaring a local emergency in the City of Eden Prairie in response to the COVID-19 health pandemic;
WHEREAS, on March 17, 2020, the City Council of the City of Eden Prairie found that extension of the local emergency was needed in order to protect the health, safety and welfare of the City and therefore adopted Resolution No. 2020-47 extending the period of local emergency until further action of the Council;
WHEREAS, the availability and prevalence of an effective vaccine for COVID-19 has greatly reduced the risk to the public and to individuals posed by the health pandemic; and
WHEREAS, the City Council has determined that it is no longer necessary for the City to exercise the
extraordinary powers granted to it during a period of local emergency under Minnesota Statutes §§ 12.29
and 12.37 and Eden Prairie City Code § 2.87.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE:
1.The local emergency as declared by the Mayor’s Proclamation and Declaration of LocalEmergency dated March 16, 2020 and extended by City Council Resolution No. 2020-47 ishereby terminated.
2.As of the date of this resolution, all meetings of the City Council, Planning Commission, and
other City advisory boards and commissions will be held in person unless remote participationis permitted under Minnesota Statutes §§ 13D.02 or 13D.021.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of June, 2021.
Ronald A. Case, Mayor
ATTEST:
_______________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE
June 15, 2021
DEPARTMENT
Rick Getschow
City Manager
ITEM DESCRIPTION
Student on Commissions Appointments for the
2021-2022 School Year
ITEM NO.
XIII.A.
Requested Action
Move to:
• Appoint to the Flying Cloud Airport Advisory Commission – Alec Aldrich, Max
Johnson, Paawan Kathuria, Suchita Sah, Yash Salunke, and Zuheb Ibrahim
• Appoint to the Heritage Preservation Commission – Andrea Porter, Devyn Stanton,
Joseph Canham, and Luc Willett
• Appoint to the Human Rights and Diversity Commission – Hina Kazama, Keerthana
Ramanathan, Salma Awale, Shubhangi Mohan, Sophie Lunda, and Zudaysi Osman
• Appoint to the Parks, Recreation, and Natural Resources Commission – Aditi
Nadkarni, Arie Cohen, Evan Lembke, Joey Schommer, Kamal Yusuf, and Maria Zeien
• Appoint to the Sustainability Commission – Abi Rajasekaran, Amoligha Timma, Anna
Maristela, Augie Stukenborg, Julia Harris, and Muthu Meenakshisundaram Synopsis
Applications for Students on Commissions positions were accepted from mid-April to the end of
May. More than 40 applications were received this year, and there were more applicants than
spots available on Commissions. Commission Staff Liaisons reviewed the applications. The
appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications.
An orientation session will be held in late August.
Background Information In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and
changed over time to reflect modifications made to the City’s Commissions, the addition of
Commissions eligible for student appointments, and the desire to include more students in the
program.
CITY COUNCIL AGENDA
SECTION: Report of the Community Development Director
DATE:
June 15, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Sarah Strain
ITEM DESCRIPTION:
Highland Oaks Development Agreement Amendment #2
ITEM NO.:
XIV.C.1.
Requested Action Move to: Deny the application for an Amendment to the Development Agreement; OR Direct Staff to Prepare an Amendment to the Development Agreement reflecting the Council’s preference for tree removal and meet City staff recommendations for tree replacement. Synopsis The Highland Oaks Development Agreement was originally approved by the City Council on October 15, 2019. During the development review process, there was substantial discussion regarding the opportunity to save additional trees beyond what was initially proposed. Prior to final approval, the plans were revised to save additional trees including Tree No. 142, which is a
53 inch oak tree. On August 18, 2020, City Council approved the First Amendment to the Development Agreement for Highland Oaks. The First Amendment approved the removal of five (5) significant trees that were originally proposed to be saved. In the initial Development Agreement
Amendment request, the developer asked to remove Tree No. 142. Staff did not recommend removal of Tree 142 due to the amount of public input on the impacts of removing the tree. Staff recommended removal and inch for inch replacement of the other five (5) trees requested to be removed.
The applicant of the current Development Agreement Amendment request, the owner of the lot and new home being constructed, is requesting that the Development Agreement plans be amended to remove Tree Nos. 141 and 142 and provide replacement on an inch for inch basis. The applicant has also requested to remove an insignificant ash tree. Per City Code requirements, the trees that are smaller than 12 caliper inches are not considered significant and do not require
replacement. The ash tree does not need to be part of this Development Agreement Amendment request and can be removed from the property whether or not the Development Agreement Amendment is approved. The applicant has shared that it is not practical to remove Tree 141 and the insignificant ash tree without removing Tree 142 due to the layout of the site.
Staff has reviewed the proposed removal of Tree Nos. 141 and 142 and the associated replacement plan. The proposed replacement plan provides 25 caliper inches of trees. This is 43
caliper inches short of the 68 caliper inches that would be required if Trees 141 and 142 were
removed. Additional inches can be added to make up a portion of this deficit by increasing the
sizes of the existing trees, planting additional trees, or some combination thereof. However, there is not a sustainable option for the applicant to replace all 68 caliper inches on the property. Even if additional trees were added and the sizes of the proposed trees increases, there will still be a deficit of caliper inches on the site. Should City Council choose to approve tree removal, Staff
recommends the tree replacement plan be amended to increase the number of caliper inches
replaced on the site to reduce the amount of caliper inches that will be lost. Due to the amount of public input on the impacts of removing Tree No. 142, the good condition of Tree Nos. 141 and 142, and a proposed tree replacement plan that does not replace all of the
caliper inches required by the Development Agreement, City Staff does not recommend approval
of the Development Agreement Amendment request to remove Tree Nos. 141 and 142. Both trees are part of a larger stand of trees that has been reviewed on multiple occasions with the intention to preserve the tree stand. Both Tree No. 141 and 142 are in good condition. The insignificant ash tree can be removed from the property without a Development Agreement
Amendment and maintain consistency with the approved Development Agreement for the site
and City Code requirements. Attachments
1. Project Narrative
2. Sathre-Bergquist Summary of Benefits of proposed tree removal 3. Proposed Tree Replacement Plan 4. Photos of Site 5. Premium Tree Protection review of proposed tree removal