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City Council - 10/26/2021
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 26, 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 Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, 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 EQUITY Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT CITY OF EDEN PRAIRIE RACE EQUITY INITIATIVE COUNCIL WORKSHOP PRESENTATION OCTOBER 26, 2021 TONIGHT’S GOALS ❖Present the Eden Prairie Race Equity Report to City Council ❖Review Overarching Findings ❖Highlight themes and recommendations from each of the 6 Areas of Inquiry ❖Discuss Next Steps PROJECT STATEMENT 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. EP Race Equity Report Page 16 AREAS OF INQUIRY 1.Emergency Response 2.Facilities and Programs: Accessibility and Culture 3.Recruiting, Hiring and Retention 4.Connection to Community 5.Community Experience 6.Developing Future Leaders EP Race Equity Report Page 16 OVERARCHING FINDINGS STRENGTHS ❖Sense of Safety ❖Appreciation for Involvement of Staff and Elected Officials ❖Appreciation of Park System: Participants shared their appreciation for the beauty and availability of the City’s park system. EP Race Equity Report Page 22 OVERARCHING FINDINGS OPPORTUNITY AREAS ❖Inconsistent commitment to equity ❖Experience of BIPOC residents vs White residents ❖Lack of diversity among City staff and leadership ❖Impact of socioeconomic status EP Race Equity Report Page 23 RECOMMENDATIONS EMERGENCY RESPONSE ❖Culture/De-Escalation Training: Enhance or expand current training for both Police and Fire personnel. Ensure training occurs frequently so it remains “top of mind”, with a focus on cultural understanding, de-escalation, and implicit bias. ❖Consider implementation of Police Sub-Beats: Assign officers to be liaisons to specific geographic areas/neighborhoods (“sub-beats”) to increase mutual understanding and strengthen relationships. Partner with Fire where appropriate. ❖Explore additional initiatives or programs that support crime prevention and community building initiatives. ❖Community Gathering & Listening Sessions: Promote relationships, transparency, and trust though regular public safety gatherings with an emphasis on the BIPOC experience in the City. EP Race Equity Report Page 26 RECOMMENDATIONS FACILITIES AND PROGRAMS: ACCESSIBILITY AND CULTURE ❖Diversify the Park and Rec workforce to reflect community make-up. ❖Ensure everyone has equitable access to facilities and programming and are treated with respect & dignity. ❖Expand diverse and inclusive programming through the City’s facilities, parks and events. EP Race Equity Report Page 31 RECOMMENDATIONS RECRUITING, HIRING AND RETENTION ❖Strengthen recruiting and hiring practices to attract a more diverse city workforce. ❖Build upon efforts to enhance, sustain, and foster an inclusive work environment to retain a diverse city workforce. ❖Enhance professional/career development opportunities, and performance management processes to support and strengthen a more diverse city workforce. ❖Improve data collection, reporting, and strategic use of data to support the recruitment, hiring, and retention of a more diverse city workforce. EP Race Equity Report Page 35 RECOMMENDATIONS CONNECTION TO COMMUNITY ❖Communicate Eden Prairie’s commitment to racial equity and celebrate the diversity of our community with internal and external stakeholders. ❖Track and analyze ongoing community data to determine effectiveness of efforts and improvements from baseline information. ❖Ensure all limited-and non-English speaking residents have equitable access to city services, programs, activities & information. ❖Ensure everyone has equitable access to services provided by the City and opportunities for providing input to city leadership. ❖Broaden partnerships to include organizations that have culturally specific communication channels. EP Race Equity Report Page 38 RECOMMENDATIONS COMMUNITY EXPERIENCE ❖Community Events: Devote more resources to promoting block parties and community events to gather residents of different cultures. ❖Provide additional support and resources to community members and organizations working on similar diversity, equity and inclusion efforts. EP Race Equity Report Page 43 RECOMMENDATIONS DEVELOPING FUTURE LEADERS ❖Partner with Eden Prairie Schools to share insights from community outreach sessions and work towards common goals. ❖Encourage youth employment opportunities with the City of Eden Prairie through internships, summer employment and career opportunities. ❖Expand youth development program accessibility for underserved youth by reducing barriers to participation. ❖Identify opportunities to raise the voices of young people in our community. Partner with young residents to identify ways for them to grow self-advocacy skills and opportunities. EP Race Equity Report Page 46 NEXT STEPS Present •Final presentation to Council Implement •Final report goes to City staff for initial evaluation and implementation planning •Continued community engagement will be conducted as appropriate •HRDC will remain engaged as partners and/or advisors Track •Staff will provide initial implementation plan to HRDC within 6 months •Staff will continue to provide semi-annual updates to HRDC on implementation progress •Continued community engagement will be conducted as appropriate •HRDC will remain engaged as partners and/or advisors EP Race Equity Report Page 49 THANK YOU! QUESTIONS AND CONVERSATION AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 26, 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 Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE LEADERSHIP IN VOLUNTEER POLICE SERVICE PROGRAMS AWARD B. ACCEPT DONATION OF $4,000 FROM A COMMUNITY MEMBER FOR SENIOR CENTER REMODEL PROJECT (Resolution) C. ACCEPT DONATION OF $1,000 FROM NINE MILE CREEK WATERSHED DISTRICT FOR CITY’S ANNUAL TREE SALE (Resolution) D. ACCEPT DONATION OF $5,000 FROM RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR CITY’S ANNUAL TREE SALE (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE AGREEMENT WITH OPTUM HEALTH CARE SOLUTIONS LLC FOR RENEW ACTIVE MEMBERSHIP REIMBURSEMENT CITY COUNCIL AGENDA October 26, 2021 Page 2 PROGRAM AT COMMUNITY CENTER C. APPROVE FIVE YEAR SERVICE AGREEMENT WITH OCHS, INC. FOR UNDERWRITING CITY’S LONG-TERM DISABILITY AND LIFE AND ACCIDENTAL DEATH INSURANCE POLICIES D. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENTS WITH PROP AND THE PROP SHOP E. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2021-75 F. APPROVE AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR TH5 & CSAH4 SMALL AREA TRANSPORTATION PLAN G. APPROVE 2022 VEHICLE & EQUIPMENT REPLACEMENT FUND SCHEDULE H. AWARD CONTRACT TO BKJ LAND CO. FOR NEILL LAKE MARSH BERM REPAIRS I. APPROVE CONTRACT WITH METERING TECHNOLOGY SOLUTIONS, INC. FOR NEW CELLULAR AMI WATER METERS J. APPROVE CONTRACT WITH HYDROCORP, INC. FOR REMOVAL AND REPLACEMENT OF RESIDENTIAL WATER METERS K. APPROVE GROUNDWATER CONSERVATION COST SHARE GRANT FUNDING AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT L. APPROVE CONTRACT WITH ELECTRIC PUMP FOR REPAIR OF EDEN PRAIRIE ROAD LIFT STATION PUMPS M. APPROVE AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT TESTING FOR 2022 PAVEMENT REHAB PROJECT N. APPROVE WORK ORDERS WITH VIDEOTRONIX, INC. DBA VTI SECURITY FOR PURCHASE AND INSTALLATION OF SECURITY INFRASTRUCTURE AT CITY HALL, COMMUNITY CENTER, HOMEWARD HILLS PARK, AND RILEY-JACQUES BARN IX. PUBLIC HEARINGS / MEETINGS A. FLYING CLOUD COMMONS GROCERY STORE by Oppidan Investment Company. Resolution for Planned Unit Development Concept Review on 5.13 acres; First Reading of Ordinance for Planned Unit District Review with Waivers CITY COUNCIL AGENDA October 26, 2021 Page 3 on 5.13 acres; Resolution for Preliminary Plat on 5.13 acres (Resolution for PUD Concept Review, Ordinance for PUD District Review, Resolution for Preliminary Plat) B. 2021 SPECIAL ASSESSMENTS (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Presentation of Urban Forestry Master Plan 2. Frontline Workers Art Therapy Update 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: October 22, 2021 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 26, 2021 ___________________________________________________________________________________________ TUESDAY, OCTOBER 26, 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. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. HRA MEETING HRA I. ROLL CALL / CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 7, 2021 MOTION: Move to approve the HRA minutes from September 7, 2021. HRA III. APPROVE EXECUTION OF ESTOPPEL CERTIFICATE CONSENTING TO COLLATERAL ASSIGNMENT OF PARAVEL TIF AGREEMENT AND TIF NOTE TO PACIFIC LIFE INSURANCE COMPANY Synopsis: On August 17, 2021, the HRA approved the Amended and Restated Tax Increment Financing Agreement (“TIF Agreement”) with Paravel Property LLC for the Paravel apartment project. The approved TIF Agreement included the HRA’s consent to Paravel Property LLC’s future assignment of the TIF Agreement to a new single-purpose entity, TP KPI Paravel Property, LLC. The assignment to TP KPI Paravel Property, LLC has recently occurred in conjunction with the closing of the construction loan for the project. TP KPI Paravel Property LLC and the project’s lender, Pacific Life Insurance Company, are now requesting that the HRA consent to the collateral assignment ANNOTATED AGENDA October 26, 2021 Page 2 of TP KPI Property LLC’s interest in the TIF Agreement, and the TIF Note to be issued when the project is complete, to the lender. This assignment will provide collateral security for the developer’s obligations to the lender in connection with the lender’s financing of the Project. Staff and the City Attorney have reviewed the attached Estoppel Certificate and recommend approval. MOTION: Move to approve execution of Estoppel Certificate consenting to the collateral assignment of the Paravel TIF Agreement and TIF Note to Pacific Life Insurance Company HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE LEADERSHIP IN VOLUNTEER POLICE SERVICE PROGRAMS AWARD Synopsis: Chief Matt Sackett will recognize the Police Department’s Reserve Unit for receiving the International Association of Chiefs of Police (IACP) Leadership in Volunteer Police Service Programs Award. B. ACCEPT DONATION OF $4,000 FROM A COMMUNITY MEMBER FOR SENIOR CENTER REMODEL PROJECT (Resolution) Synopsis: Staff has worked with an architect to redesign and update portions of the senior center. The current funding source is through donations. Staff was recently contacted by a community member who wishes to remain anonymous with an offer to donate $4,000 towards the project. Staff is currently seeking quotes from contractors and it’s anticipated that the first phase of the project will begin mid-December. MOTION: Move to adopt the Resolution accepting the donation in the amount of $4,000 from an anonymous donor to help fund the Senior Center remodel project. C. ACCEPT DONATION OF $1,000 FROM NINE MILE CREEK WATERSHED DISTRICT FOR CITY’S ANNUAL TREE SALE (Resolution) Synopsis: This donation from the Nine Mile Creek Watershed District will help fund the City’s annual tree sale. MOTION: Move to adopt the Resolution accepting the donation in the ANNOTATED AGENDA October 26, 2021 Page 3 amount of $1,000 from the Nine Mile Creek Watershed District to go toward purchasing trees for the annual tree sale. D. ACCEPT DONATION OF $5,000 FROM RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR CITY’S ANNUAL TREE SALE (Resolution) Synopsis: This donation from the Riley Purgatory Bluff Creek Watershed District will help fund the City’s annual tree sale. MOTION: Move to Adopt the Resolution accepting the donation in the amount of $5,000 from the Riley Purgatory Bluff Creek Watershed District to go toward purchasing trees for the annual tree sale. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-N on the Consent Calendar. A. CLERK’S LICENSE LIST B. APPROVE AGREEMENT WITH OPTUM HEALTH CARE SOLUTIONS LLC FOR RENEW ACTIVE MEMBERSHIP REIMBURSEMENT PROGRAM AT COMMUNITY CENTER C. APPROVE FIVE YEAR SERVICE AGREEMENT WITH OCHS, INC. FOR UNDERWRITING CITY’S LONG-TERM DISABILITY AND LIFE AND ACCIDENTAL DEATH INSURANCE POLICIES D. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENTS WITH PROP AND THE PROP SHOP E. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2021-75 F. APPROVE AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR ANNOTATED AGENDA October 26, 2021 Page 4 TH5 & CSAH4 SMALL AREA TRANSPORTATION PLAN G. APPROVE 2022 VEHICLE & EQUIPMENT REPLACEMENT FUND SCHEDULE H. AWARD CONTRACT TO BKJ LAND CO. FOR NEILL LAKE MARSH BERM REPAIRS I. APPROVE CONTRACT WITH METERING TECHNOLOGY SOLUTIONS, INC. FOR NEW CELLULAR AMI WATER METERS J. APPROVE CONTRACT WITH HYDROCORP, INC. FOR REMOVAL AND REPLACEMENT OF RESIDENTIAL WATER METERS K. APPROVE GROUNDWATER CONSERVATION COST SHARE GRANT FUNDING AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT L. APPROVE CONTRACT WITH ELECTRIC PUMP FOR REPAIR OF EDEN PRAIRIE ROAD LIFT STATION PUMPS M. APPROVE AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT TESTING FOR 2022 PAVEMENT REHAB PROJECT N. APPROVE WORK ORDERS WITH VIDEOTRONIX, INC. DBA VTI SECURITY FOR PURCHASE AND INSTALLATION OF SECURITY INFRASTRUCTURE AT CITY HALL, COMMUNITY CENTER, HOMEWARD HILLS PARK, AND RILEY-JACQUES BARN IX. PUBLIC HEARINGS / MEETINGS A. FLYING CLOUD COMMONS GROCERY STORE by Oppidan Investment Company. Resolution for Planned Unit Development Concept Review on 5.13 acres; First Reading of Ordinance for Planned Unit District Review with Waivers on 5.13 acres; Resolution for Preliminary Plat on 5.13 acres (Resolution for PUD Concept Review, Ordinance for PUD District Review, Resolution for Preliminary Plat) Synopsis: This is the fourth phase of the Castle Ridge Redevelopment project. The first two phases included the Castle Ridge Senior Housing project and the Paravel multi-family housing development. The third phase included approval for the construction of a Bank of America, ChickFilA, and Lakewinds grocery. In 2020, the City granted PUD, preliminary plat, and site plan approval to this area to allow the construction of a 25,000 square foot grocery store and the creation of an outlot for future retail development. The grocery tenant that was anticipated to utilize this space is no longer moving forward with the construction. ANNOTATED AGENDA October 26, 2021 Page 5 As a result, the developer is working with another prospective grocery tenant. The revised proposal includes a 40,154 square foot grocery tenant. Due to the additional size of the store and associated parking needs, the revised proposal utilizes the original grocery site and the outlot areas, one of which was intended for future retail development. The proposed grocery tenant has not yet been identified to the City. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 5.13 acres; and • Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on 5.13 acres; and • Adopt a Resolution for a Preliminary Plat of one lot on 5.13 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Authorize the issuance of an early Land Alteration Permit and Footing & Foundation Permit at the request of the Developer subject to the conditions outlined in the permit(s). B. 2021 SPECIAL ASSESSMENTS (Resolution) Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. Staff recommends Council approve the list of assessments. MOTION: Move to: Close the public hearing for the approval of the 2021 Special Assessments; and Adopt the resolution approving all Special Assessments presented in the fall of 2021. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS ANNOTATED AGENDA October 26, 2021 Page 6 XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Presentation of Urban Forestry Master Plan Synopsis: The Urban Forestry Management Plan records the current practices utilized by the City of Eden Prairie. These practices are based on current forestry and natural resources research and are recognized as industry best practices. These practices address current issues for our urban forest, such as invasive species and describes strategies to mitigate future issues such as tree planting diversity guidelines for reforestation efforts. The Urban Forestry Management Plan is a living document, flexible as new challenges emerge and as best management practices change. The plan outlines the goals, practices, and reasoning behind our urban forest management. The goals and practices outlined in this document increase the safety and general welfare of the urban forest while also improving the user experience of the park system. Publication of this document is meant to spread awareness to the citizens of Eden Prairie on urban forestry issues our community faces and to highlight what the City of Eden Prairie is doing to address these issues. While the City’s Parks and Natural Resources Division will primarily be responsible for implementing this plan, interdepartmental cooperation and collaboration will be essential to ensure management decisions are made in a sustainable and economically responsible manner. MOTION: Move to recognize and accept the Urban Forestry Management Plan. 2. Frontline Workers Art Therapy Update Synopsis: At the September 21, 2021 City Council Meeting, council members discussed the benefits of offering Art Therapy opportunities to assist and recognize front line workers. Staff has conducted research and has met with local experts to determine a proposed approach. Parks and ANNOTATED AGENDA October 26, 2021 Page 7 Recreation Director Jay Lotthammer will overview the research and suggest next steps for implementation. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, OCTOBER 26, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, City Attorney Maggie Neuville, Community Development Director Julie Klima, and Finance Manager Tammy Wilson I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 7, 2021 III. APPROVE EXECUTION OF ESTOPPEL CERTIFICATE CONSENTING TO COLLATERAL ASSIGNMENT OF PARAVEL TIF AGREEMENT AND TIF NOTE TO PACIFIC LIFE INSURANCE COMPANY IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 7, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, City Planner Julie Klima, Finance Director Sue Kotchevar, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:02 PM. All HRA members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON AUGUST 17, 2021 MOTION: Toomey moved, seconded by Freiberg, to approve the HRA minutes from August 17, 2021. Motion carried 5-0. III. ADOPT RESOLUTION HRA NO. 2021-02 APPROVING THE PROPOSED 2022 PROPERTY TAX LEVY AND ACCEPTING THE PROPOSED 2022 BUDGET Getschow explained this is the time in September when we set our preliminary tax levy. The Council will also consider the proposed 2022 property tax levy and the 2022 budget in the regular Council meeting tonight. This meeting will set the ceiling for the levy, but we have until December to finalize our tax levy and budget. Tonight staff is proposing a slight increase in the HRA amount to $205,000. There are many different funds and programs available to do things for housing. This levy is budgeted for our staff who administer those programs. MOTION: Freiberg moved, seconded by Toomey, to adopt Resolution HRA No. 2021-02 approving the proposed 2022 property tax levy to be $205,000 and to accept the proposed 2022 budget of $205,000. Motion carried 5-0. IV. ADJOURNMENT MOTION: Toomey moved, seconded by Narayanan, to adjourn the HRA meeting. Motion carried 5-0. Chair Case adjourned the meeting at 7:05 PM. CITY COUNCIL AGENDA SECTION: HRA DATE October 26, 2021 DEPARTMENT / DIVISION Jonathan Stanley, Office of Housing & Community Services ITEM DESCRIPTION Consent to Collateral Assignment of TIF Agreement for TIF District 24 - Paravel ITEM NO. III. Requested Action Move to: Approve execution of Estoppel Certificate consenting to the collateral assignment of the Paravel TIF Agreement and TIF Note to Pacific Life Insurance Company Synopsis On August 17, 2021, the HRA approved the Amended and Restated Tax Increment Financing Agreement (“TIF Agreement”) with Paravel Property LLC for the Paravel apartment project. The approved TIF Agreement included the HRA’s consent to Paravel Property LLC’s future assignment of the TIF Agreement to a new single-purpose entity, TP KPI Paravel Property, LLC. The assignment to TP KPI Paravel Property, LLC has recently occurred in conjunction with the closing of the construction loan for the project. TP KPI Paravel Property LLC and the project’s lender, Pacific Life Insurance Company, are now requesting that the HRA consent to the collateral assignment of TP KPI Property LLC’s interest in the TIF Agreement, and the TIF Note to be issued when the project is complete, to the lender. This assignment will provide collateral security for the developer’s obligations to the lender in connection with the lender’s financing of the Project. Staff and the City Attorney have reviewed the attached Estoppel Certificate and recommend approval. Attachment Estoppel Certificate 1 4829-7687-0396.4 ESTOPPEL CERTIFICATE October 26, 2021 TO: TP KPI PARAVEL PROPERTY LLC and PACIFIC LIFE INSURANCE COMPANY, and their respective successors and assigns Address of Borrower: c/o TP Paravel Investor LLC 8500 Normandale Lake Blvd., Suite 700 Minneapolis, Minnesota 55437 Attn: Ryan C. Sailer Address of Lender: Pacific Life Insurance Company 700 Newport Center Drive Newport Beach, CA 92660 Attn: Commercial Servicing Operations Real Estate Investments Loan No. 221900501 Re: Amended and Restated Tax Increment Development Agreement dated August 17, 2021, by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the “Authority”), and Paravel Property, LLC (“Seller”), recorded in the Office of the County Recorder of Hennepin County, Minnesota on August 26, 2021, as Doc. No. A11010218, and to be filed in the Office of the Registrar of Titles of Hennepin County, Minnesota, together with that Assessment Agreement dated August 17, 2021, by and between the Authority and Seller, recorded in the Office of the County Recorder of Hennepin County, Minnesota on August 26, 2021, as Doc. No. A11009553, and to be filed in the Office of the Registrar of Titles of Hennepin County, Minnesota (collectively, the “TIF Agreement”). Ladies and Gentlemen: The purpose of this Estoppel Certificate (this "Certificate") is to (i) provide information to TP KPI PARAVEL PROPERTY LLC, a Delaware limited liability company (“Borrower”), and PACIFIC LIFE INSURANCE COMPANY, a Nebraska corporation and its successors and assigns (collectively, "Lender"), with regard to the conveyance of the Development Property (as defined in the TIF Agreement) from Seller to Borrower and the assignment and assumption of the TIF Agreement in connection therewith, and (ii) consent to Borrower’s execution of and delivery to Lender of that certain Assignment of TIF Agreements dated as of October 14, 2021 (the “Collateral Assignment”) to secure the obligations of Borrower to Lender in connection with Lender’s financing of Borrower’s construction, development and operation on the Development Property of a 7-story, mid-rise "type III" apartment building (5 floors above a 2-story concrete podium) containing a total of 246 apartment units, including 63 affordable units and one guest suite for a total of 220,678 rentable square feet, commonly known or to be known as Paravel Apartments (the “Project”). For the purposes set forth above and for the orderly development and operation of the Project by Borrower and financing by Lender, the Authority hereby certifies to Borrower and Lender as follows: 2 4829-7687-0396.4 1. Capitalized terms used in this Certificate but not defined herein have the meanings given to such terms in the TIF Agreement. 2. To the actual knowledge of the Authority, no events or circumstances exist with respect to the Seller or the Development Property that violate any of the terms or conditions of the TIF Agreement or that, with notice or lapse of time, or both, would become a default of Borrower, Seller or the Development Property under the TIF Agreement. 3. Subject to Borrower’s express written assumption of all of Seller’s obligations under the TIF Agreement and a separate document being recorded against the Development Property reflecting the assignment and assumption thereof, the Authority has consented to Seller’s assignment of its right, title and interest under the TIF Agreement to Borrower and the assumption by Borrower of the obligations thereunder. 4. Subject to the assignment of the TIF Agreement from Seller to Borrower, the Authority consents to the Borrower’s execution of and delivery to Lender of the Collateral Assignment, assigning to Lender all of Borrower’s right, title and interest in and to the TIF Agreement and, once issued, the TIF Note, as collateral security for Borrower’s obligations to Lender in connection with Lender’s financing of the Project. 5. The TIF Agreement has not been amended or modified other than as expressly set forth above and remains in full force and effect. [Signature pages to follow.] 3 4829-7687-0396.4 Very truly yours, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By: __________________________________ Print Name: Ronald A. Case Title: Chair By: __________________________________ Print Name: Rick Getschow Title: Executive Director CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE October 26, 2021 DEPARTMENT / DIVISION Police Chief Matt Sackett ITEM DESCRIPTION Award for Police Reserves ITEM NO. IV.A. Requested Action No action required Synopsis Chief Matt Sackett will recognize the Police Department’s Reserve Unit for receiving the International Association of Chiefs of Police (IACP) Leadership in Volunteer Police Service Programs Award. Background The Police Department nominated the Reserve Unit for this award last spring and learned in July that the Reserves had been selected to receive the award. The awards presentation was scheduled to take place in New Orleans in mid-September but was unfortunately moved to a virtual ceremony due to the after- effects of Hurricane Ida on the city. As a result, tonight is the first formal recognition of the Reserve Unit’s acceptance of the award. The Leadership in Volunteer Police Service Programs Award is given each year to recognize a volunteer program that demonstrates innovative, effective practices for augmenting sworn or civilian staff and/or providing service delivery to their communities. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: October 26, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation Towards Senior Center Remodel Project ITEM NO.: IV.B. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $4,000 from an anonymous donor to help fund the Senior Center remodel project. Synopsis Staff has worked with an architect to redesign and update portions of the senior center. The current funding source is through donations. Staff was recently contacted by a community member who wishes to remain anonymous with an offer to donate $4,000 towards the project. Staff is currently seeking quotes from contractors and it’s anticipated that the first phase of the project will begin mid-December. 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 gift to the City in the amount of $4,000 from an anonymous donor to help fund the Senior Center remodel project is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 26th day of October, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: October 26, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation of $1,000 from the Nine Mile Creek Watershed District ITEM NO.: IV.C. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $1,000 from the Nine Mile Creek Watershed District to go toward purchasing trees for the annual tree sale. Synopsis This donation from the Nine Mile Creek Watershed District will help fund the City’s annual tree sale. Background For the past two years, the City has held a tree sale in the spring where residents have the opportunity to purchase trees at a discounted price to plant on private property. City staff selects tree species that are native to the area but are not typically planted by private homeowners. This helps increase the diversity of tree species within the city and can help limit the devastation of invasive species. 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 gift to the City in the amount of $1,000 for the annual tree sale from the Nine Mile Creek Watershed District is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 26th day of October, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: October 26, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation of $5,000 from the Riley Purgatory Bluff Creek Watershed District ITEM NO.: IV.D. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $5,000 from the Riley Purgatory Bluff Creek Watershed District to go toward purchasing trees for the annual tree sale. Synopsis This donation from the Riley Purgatory Bluff Creek Watershed District will help fund the City’s annual tree sale. Background For the past two years, the City has held a tree sale in the spring where residents have the opportunity to purchase trees at a discounted price to plant on private property. City staff selects tree species that are native to the area but are not typically planted by private homeowners. This helps increase the diversity of tree species within the city and can help limit the devastation of invasive species. 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 gift to the City in the amount of $5,000 for the annual tree sale from the Riley Purgatory Bluff Creek Watershed District is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 26th day of October, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 21, 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, Parks and Recreation Director Jay Lotthammer, City Planner Julie Klima, Police Chief Matt Sackett, 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Toomey added Item XIV.A.1. Case added Item XIV.A.2. MOTION: Toomey moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 7, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 7, 2021 MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, September 7, 2021, and the City Council meeting held Tuesday, September 7, 2021, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES September 21, 2021 Page 2 A. CLERK’S LICENSE LIST B. CROSSTOWN CORE INDUSTRIAL CENTER by Sambatek, Inc. Second reading of Ordinance No. 13-2021-PUD-7-2021 for Planned Unit Development District review with waivers and a Zoning change from Office, Rural and Commercial Highway to Industrial on 5.0 Acres; Resolution No. 2021-74 for Site Plan review on 5.0 Acres (Ordinance No. 13-2021-PUD-7-2021 for PUD District Review, Resolution No. 2021-74 for Site Plan Review, Development Agreement) C. APPROVE CONTRACT WITH VTI SECURITY FOR FIRE STATION 1 CAMERA UPGRADE PROJECT D. ADOPT RESOLUTION NO. 2021-75 DECLARING COSTS, ORDERING PREPARATION OF 2021 SPECIAL ASSESSMENT ROLL, AND SETTING HEARING DATE MOTION: Nelson moved, seconded by Freiberg, to approve Items A-D on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Toomey, 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 A. HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE CENTER by R.J. Ryan Construction. Resolution for Denial. (Resolution No. 2021-76 for Denial) Getschow stated the applicant is requesting approval to construct a 5,200 square foot gas station/convenience store with a car wash and an 11,280 square foot auto repair facility on the property located in the NW corner of the intersection of Pioneer Trail and Hennepin Town Road. The applications include PUD Concept Review, PUD District Review with Waivers, Site Plan, and Preliminary Plat. The Planning Commission voted 8-0 to deny the applications at its June 14, 2021 meeting. The City Council held a public hearing on the project on August 17, 2021. Following the public hearing and discussion of the development, the Council directed staff to prepare findings for denial of the application. The applicant submitted a revised site plan on August 26, 2021. The staff response was to state a full set of plans was needed in order for the project to go back through the review process, which would include a Planning Commission public hearing and a Planning Commission recommendation at a CITY COUNCIL MINUTES September 21, 2021 Page 3 minimum. The City received a submittal from the developer with several of the updated plans last Friday after the Council packet was published. After reviewing the information contained in the letter, staff continues to believe a full set of plans is required and the development needs to go through the full review process, including a review by the Planning Commission. An updated paragraph in the resolution with findings for denial of the application is included in the revised resolution printed on goldenrod paper for the Council tonight. As clarification, Case noted this is a continuation of what the Council vetted at a public hearing on August 17. He asked if staff has determined the latest revisions proposed by the developer are not complete and would require the project to go back through the entire process again. Getschow said that was correct. Case then stated the comments and discussion of the City Council at the August 17, 2021, public hearing at which the Council directed the City Attorney to draft findings for denial is recorded and available as part of the public record. MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2021-76 denying the applications of R.J. Ryan Construction for Planned Unit Development concept review, Planned Unit Development district review with waivers, site plan, and preliminary plat for the proposed Holiday Convenience Store and Auto Care World Service Center Project. Motion carried 5-0. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Recognition of Front Line Workers – Council Member Toomey Toomey reported there are many Eden Prairie residents who are also front-line hospital workers who have been battling COVID-19 for much longer than anyone would have anticipated. She has spoken to many people who have experienced the effects of stress and PTSD and was thinking about what the City could do to help our residents who work on the front lines. Her research found studies showing art of any kind is useful for stress reduction, as is creativity. With that in mind, she suggested the City might offer free passes to the Art Center for front-line workers to show the City’s support to those who are in the trenches dealing with the horror of the pandemic. Nelson commented this was a good idea, and asked if this would include just workers in hospitals. Toomey suggested to start we could include nurses and doctors in Emergency Rooms and COVID units as well as hospital maintenance CITY COUNCIL MINUTES September 21, 2021 Page 4 workers. Case suggested the Council direct staff to develop a definition around this and to come back to our next meeting with a proposal for this group of medical workers. It should also specify a defined length of time. He noted he was okay with the City working this out as a way to help our front-line, stressed medical workers. Narayanan thought it would be good for staff to define who are the front-line workers as well as how long the program would last. He asked what the cost would be to the City if the program is offered. Getschow replied there would be an expense to the City, but also suggested the costs could be offset by some of the COVID dollars we have received. Nelson suggested we look at adding yet this fall any classes that could be suitable for this group. Narayanan commented we should not be limited by the cost if we can apply COVID funds to cover the cost. Lotthammer acknowledged Council Member Toomey was correct in her research and understanding of art as a beneficial therapy. Staff could look at how to do this. He noted there is a genre of art designed for this kind of therapy. We also do things at the Community Center for cancer survivors and people with other illnesses. He offered to follow up with Council Member Toomey to learn more about her research. Case suggested we might run this as a pilot program and then could possibly use it for other groups in need in the future. 2. Recognition of Long-Time City Employees’ Retirements—Mayor Case Case noted long-time City Council Recorder, Jan Curielli, is retiring after tonight’s meeting. She has been taking minutes for the City Council and other Eden Prairie Boards and Commissions since the 1980’s. He thanked her for her service to the City of Eden Prairie, and noted there have been several retirements of long-time employees over the last month or so. Those individuals include Janet Jeremiah, Sue Kotchevar, Kitty Porta and Jan Curielli, who together represent a combined total of 107 years of service to Eden Prairie. He commented we will miss their historical perspective and expertise. He also believed the fact these employees have worked so long for the City reflects the quality of our staff over the years as our employees have repeatedly voted Eden Prairie as one of the best places to work in Minnesota. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES September 21, 2021 Page 5 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:23 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 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 Temporary Liquor Organization: City of Eden Prairie / EP Liquor Event: Wine & Beer Tasting Date: December 9, 2021 Place: Garden Room 8080 Mitchell Road New On-Sale Wine with Strong Beer & 3.2 Beer License Licensee name: SRI Saravana LLC DBA: Godavari Indian Restaurant 566 Prairie Center Drive On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal Licensee Name: Leiserv, LLC DBA: Bowlero Eden Prairie 12200 Singletree Lane Licensee name: Pizza Luce IX, Inc DBA: Pizza Luce 11347 Viking Drive CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Valerie Verley, Community Center Manager, Parks and Recreation ITEM DESCRIPTION: Community Center Membership Reimbursement Through Optum Health Care Solutions LLC ITEM NO.: VIII.B. Requested Action Move to: Authorize entering into an agreement with Optum Health Care Solutions to enact their Renew Active Membership Reimbursement Program at the Eden Prairie Community Center. Synopsis City staff was approached by a representative from Optum Health Care to offer their Renew Active membership reimbursement program to Community Center members who carry their insurance. This program is on par with current programs of Silver Sneakers and the Silver & Fit program. The Community Center would receive the same amount of revenue per qualified member as the other reimbursement programs. It’s estimated this program will serve approximately 300 Eden Prairie residents who will be able to take part in this insurance reimbursement program through their Optum Health Care insurance program. It will be yet another access point for additional community members to come and enjoy everything the Community Center has to offer. Attachment Optum Health Care Solutions LLC contract with City of Eden Prairie 1 FITNESS PASSPORT SERVICE AGREEMENT This Fitness Passport Service Agreement (this “Agreement”) is entered into on August 1, 2021 (the “Effective Date”), by and between OptumHealth Care Solutions, LLC, including its affiliates (“Optum”) and City of Eden Prairie, including its Participating Facilities (”Network”). For purposes of this Agreement, Network and Optum shall collectively be referred to herein as the “Parties” and individually as a “Party”. WHEREAS, Network wishes to become part of the Optum Fitness Passport network comprised of facilities that provide services to support the Fitness Passport Program to Optum’s clients; and WHEREAS, Optum provides its client’s Members access to the Fitness Passport Program (as further described in Appendix A attached hereto and incorporated by reference); and WHEREAS, Optum desires to include Network as part of its Fitness Passport Program offering so that Optum’s client’s Members may access the Fitness Passport Program. NOW THEREFORE, for and in consideration of the above recitals, and the mutual covenants and agreements set forth below, and in exchange for other valuable and adequate consideration which the Parties agree is sufficient to enter into this Agreement, the Parties agree as follows: ARTICLE 1 DEFINITIONS Except as otherwise specifically indicated, the following terms shall have the following meanings in this Agreement (such meanings to be equally applicable to both the singular and plural forms of the terms defined): Activation ID: A unique system-generated number assigned by Optum and used by both Parties to identify a Member who enrolls in the Fitness Passport Program. Activation Letter: A letter, which displays the Activation ID that Members print off and present to a Participating Facility to enroll in the Fitness Passport Program. Fitness Passport Program: A program sponsored by Optum as described in Appendix A herein. Eligible Member: A benefit holder enrolled in a qualifying health plan that may or may not be a member of a Participating Facility and is not enrolled in the Fitness Passport Program. Member: A benefit holder enrolled in a qualifying health plan that is enrolled in the Fitness Passport Program and is a member of a Participating Facility. Participating Facility: Each Network facility location, unless otherwise excluded as expressly stated in Appendix A herein that is obligated by this Agreement to participate in the Fitness Passport Program. Network Facility Reimbursement: The amount of reimbursement Optum has agreed to remit to Network toward a Member’s monthly membership rate that Network represents has met the established Fitness Passport Program visit criteria as defined by Optum in Appendix A. 2 ARTICLE 2 TERM AND TERMINATION 2.1 Term. The initial term of this Agreement shall begin on the Effective Date and shall continue through December 31, 2022 (“Initial Term”). Thereafter, this Agreement shall automatically renew on the same terms and conditions on January 1st of each calendar year after the Initial Term for successive twelve (12) month terms (each a “Renewal Term”), unless otherwise agreed to in writing prior to September 1st of each calendar year or otherwise terminated in accordance with Section 2.2 of this Agreement. The Initial Term and each subsequent Renewal Term may be referred to collectively or separately as “Term. 2.2 Termination. This Agreement may be terminated by any of the following: a) If either party provides written notice of non-renewal for the next Renewal Term no later than September 1st of the current Term. Following proper notice of non-renewal the current Term will effectively terminate as of midnight local time of Network on December 31; or b) By either Party upon mutual written agreement; or c) If either Party breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days after written notice is given by the non-breaching Party, the Agreement shall terminate at the end of the thirty (30) day period. d) This Agreement shall terminate immediately and automatically upon delivery to the other Party of written notice of termination on the occurrence of one of the following: i. Bankruptcy, insolvency or the dissolution of either Party; ii. Unauthorized assignment of this Agreement; or iii. The loss of any license, qualification, authorization, accreditation or certification required for a Party to perform its duties under this Agreement that was not the result of such Party’s willful or negligent act or omission. Each Party agrees to notify the other Party in writing not later than five (5) business days after the occurrence of any of the events referred to immediately above. 2.3 Effect of Termination: Upon termination of this Agreement, each Party shall immediately cease using the other Party’s name, symbol or logo (“Mark”), including but not limited to uses of the Mark authorized by this Agreement. Notwithstanding, the obligation to pay Network Facility Reimbursement to Network by Optum shall survive Termination for 120 days after the termination date. 2.4 Ongoing Obligations. Termination shall not affect either Party’s liability for any obligations incurred by such Party prior to the effective date of termination. ARTICLE 3 OBLIGATIONS OF NETWORK 3.1 Access to, Fulfillment of, and Membership Fees for the Fitness Passport Program. Each Participating Facility shall provide all Members with unlimited visits to the Participating Facility and all standard Network services, during the hours of operation as advertised by the Participating Facility to include, if applicable, an initial orientation to a Participating Facility and the equipment. In connection with participating in the Fitness Passport Program, each Participating Facility will provide Members with unlimited visits to Participating Facility at the rate set forth in Appendix A. 3 3.2 Acknowledgement. Network acknowledges that Optum is not a payer of services nor an insurer with respect to any services provided by the Network as part of this Agreement. 3.3 Compliance with Applicable Laws. Both Parties shall comply with all applicable local, state and federal laws. Network shall also obtain and maintain any and all licenses required to fulfill its duties and obligations under this Agreement. 3.4 Cooperation with Optum. Both Parties agree Network shall be the first point of contact for Members and Eligible Members and shall assume all service responsibility with respect to Member participation in the Fitness Passport Program, unless the Member contacts Optum first, in which case that Member will be re- directed to the Network. In the event of an escalated issue whereby Optum’s assistance is required for resolution, Optum agrees to cooperate with Network in handling any complaints or inquiries from Members or Eligible Members regarding the Fitness Passport Program. 3.5 Account Management. Network will assign an account management individual or team to support Optum with implementation of the Fitness Passport Program. ARTICLE 4 OBLIGATIONS OF OPTUM 4.1 Payment to Network. Optum shall pay Network the Network Facility Reimbursement set forth in Appendix A for each eligible Member that meets the Fitness Passport Program’s monthly visit requirement. Payment details for the Network Facility Reimbursement are set forth in Appendix A. 4.2 Hold Harmless. Network agrees that the only payment Optum is responsible for is in accordance with its obligation described in Section 4.1. The Member is responsible for all other costs, fees and charges related to services not included in the Network standard membership services. Network will not seek and will hold Optum harmless for any charges, fees, costs or expenses a Member may incur that are not part of the obligation of Optum under Section 4.1. 4.3 Promotion of Services. Optum shall promote the Fitness Passport Program to Eligible Members through the Optum Web site, marketing and sales brochures, and other distribution channels designated by Optum, including but not limited to telephone and email communications. Optum shall be responsible for the design and production of any such materials and the design and maintenance of the Optum Web site. ARTICLE 5 CONFIDENTIALITY 5.1 Information. Each Party acknowledges that in the course of performing under this Agreement, it may learn confidential, trade secret, or proprietary information concerning the other Party or third parties to whom the other Party has an obligation of confidentiality. Subject to and except as may be required by the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13) (“MGDPA”), each Party shall protect and shall not disclose the other’s proprietary information, including but not limited to, trade secrets, lists of Activation IDs and Participating Facilities, Member information, reimbursement amounts, and patented, trademarked, trade-named, service-marked, and copyrighted material or other property belonging to it or to a third party to whom it has an obligation of confidentiality (“Confidential Information”). 5.2 Protection of Confidential Information. Each Party agrees that during the term of this Agreement: (a) it will use such Confidential Information only as permitted by this Agreement or as otherwise permitted in writing, (b) it will not disclose such Confidential Information orally or in writing to any third party without the prior written consent of the other Party, (c) it will take at least those precautions to protect the other’s Confidential Information as 4 it takes to protect its own similar information, and (d) it will not otherwise use such Confidential Information for its own purposes or that of any other person or entity. A Party may disclose Confidential Information if required by law, legal process, or court order, in which case the disclosing Party shall notify the other Party sufficiently in advance of the disclosure, as allowed by law, to permit intervention at its option. The obligations stated in this Section shall survive termination of this Agreement for so long either Party has access to the other’s Confidential Information. 5.3 Privacy. Each Party agrees to be bound by any applicable state and federal rules and regulations concerning the privacy and security of Member information. 5.4 Trademarks, Logos and Copyrighted Materials. Network hereby acknowledges that Optum and its affiliates may, from time to time during the term of this Agreement, provide Network with marketing, promotional or other advertising materials intended for use in connection with the promotion of the Program (such materials together with all content, trademarks, trade names, and/or logos of Optum and its affiliates, the “Optum Marketing Materials”). Optum hereby grants to Network a revocable, nonexclusive, non-assignable and non-transferable right and license to use and display the Optum Marketing Materials during the term of this Agreement without modification solely in connection with the promotion of the Program. Upon expiration or the earlier termination of this Agreement, the foregoing license shall automatically terminate and be of no further force and effect and Network shall immediately cease its use and display of the Optum Marketing Materials. All uses of the Optum Marketing Materials shall be subject to Optum’s prior approval. Optum hereby represents and warrants to Network that it has the right to grant the license as set forth in this paragraph. Except as expressly set forth in this Agreement, Network obtains no other rights in or to the Optum Marketing Materials and Optum and its respective affiliates reserve all rights Network hereby grants to Optum and its affiliates a revocable, nonexclusive, non-assignable and non-transferable right and license to use and display all names, trademarks, trade names, service marks and logos of Network and its affiliates (collectively, the “Network Marks”) during the term of this Agreement solely in connection with the administration and promotion of the Program. All uses of the Network Marks shall be subject to Network’s prior approval. Upon expiration or the earlier termination of this Agreement, the foregoing license shall automatically terminate and be of no further force and effect. Network hereby represents and warrants to Optum that it has the right to grant the license as set forth in this paragraph. ARTICLE 6 DISPUTE RESOLUTION In the event that any dispute, claim, or controversy of any kind or nature relating to this Agreement arises between the Parties, the Parties agree to meet and make a good faith effort to resolve the dispute. If the dispute is not resolved within thirty (30) days after the Parties first met to discuss it, and either Party wishes to further pursue resolution of the dispute, that Party shall refer the dispute to non-binding mediation under the Commercial Mediation Rules of the American Arbitration Association (“AAA”). In no event may the mediation be initiated more than one (1) year after the date one Party first gave written notice of the dispute to the other Party. A single mediator engaged in the practice of law, who is knowledgeable as to the subject matter relevant to the dispute, shall conduct the mediation under the then current rules of the AAA. The mediation shall be held in a mutually agreeable site. Nothing herein is included to prevent either Party from seeking any other remedy available at law including seeking redress in a court of competent jurisdiction. ARTICLE 7 RESPONSIBILITY FOR DAMAGES AND INDEMNIFICATION 7.1 Responsibility for Damages. Each Party shall be responsible for any and all damages, claims, liabilities, or judgments it incurs that arise as a result of its own acts or omissions. Any costs for damages, claims, liabilities, or judgments incurred at any time by one Party as a result of the other Party’s negligence or intentional 5 wrongdoing shall be paid for or reimbursed by the other Party. Except for claims indemnified hereunder, or breaches of provisions related to confidentiality of information provided, in no event shall either Party be liable to the other for incidental, consequential, economic, special, or lost profit damages, even if such Party has been advised of the possibility of such damages. Consequential damages include, but are not limited to, lost profits, lost revenues, and lost business opportunities, whether or not the other Party was or should have been aware of the possibility of these damages. 7.2 Indemnification. The Parties shall each indemnify and hold the other harmless against any and all losses, liabilities, penalties, fines, costs, damages, and expenses the other incurs, including reasonable attorneys’ fees (“Damages”), which arise a third party claim and to the extent such Damages directly arise from or are the result of out of the indemnifying Party’s: (i) breach of this Agreement; or (ii), negligence or willful misconduct. Network shall also indemnify Optum for any claim brought by a Member for the failure to deliver services by Participating Facility, or membership dues and/or associated fee disputes. 7.3 Indemnification Procedures. Promptly, upon becoming aware of any matter which is subject to the provisions of Article 7 (a “Claim”), the Party seeking indemnification (the “Indemnified Party”) must give notice of the Claim to the other Party (the “Indemnifying Party”), accompanied by a copy of any written documentation regarding the Claim received by the Indemnified Party. The Indemnifying Party will, at its option, settle or defend, at its own expense and with its own counsel, the Claim. The Indemnified Party will have the right, at its option, to participate in the settlement or defense of the Claim, with its own counsel and at its own expense; but the Indemnifying Party will have the right to control the settlement or defense. The Indemnifying Party will not enter into any settlement that imposes any liability or obligation on the Indemnified Party without the Indemnified Party's prior written consent. The Parties will cooperate in the settlement or defense and give each other full access to all relevant information. If the Indemnifying Party: (i) fails to notify the Indemnified Party of the Indemnifying Party's intent to take any action within 30 days after receipt of a notice of a Claim; or (ii) fails to proceed in good faith with the prompt resolution of the Claim, the Indemnified Party, with prior written notice to the Indemnifying Party and without waiving any rights to indemnification, including reimbursement of reasonable attorney’s fees and legal costs, may defend or settle the Claim without the prior written consent of the Indemnifying Party. The Indemnifying Party will reimburse the Indemnified Party on demand for all Damages incurred by the Indemnified Party in defending or settling the Claim. ARTICLE 8 MISCELLANEOUS 8.1 Entire Agreement. This Agreement, exhibits and attachments constitute the entire understanding between the Parties and supersedes all proposals, communications and agreements between the Parties relating to its subject matter. 8.2 Independent Contractors. The Parties’ relationship to each other is that of independent contractors. No Party shall be deemed to be, or hold itself out as, a partner, agent, employee or joint venture partner of any other Party. No Party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other Party, or to represent any other Party as an agent, employee or in any other capacity. 8.3 Insurance. Each Party, at its sole cost and expense, shall procure and maintain in full force and effect for the term of this Agreement and after its termination for so long as the services are provided to Members pursuant to this Agreement, adequate commercial general liability insurance coverage, including but not limited to contractual liability insurance coverage, with limits that are reasonable and customary for its business to cover liabilities and claims which may arise in relation to or in connection with providing such Party’s respective services under this Agreement, but in no event less than 6 $1,000,000 per occurrence and $2,000,000 annual aggregate. 8.4 Certificate of Insurance. Network and Optum agree to 1) provide the other, within ten (10) business days of a written request, with a Certificate of Insurance with respect to all liability insurance required under this Agreement, and 2) maintain the foregoing policy or policies of insurance without material change or cancellation except upon thirty (30) days written notice to the other Party. 8.5 Right to Audit. Optum shall have the right to review or to appoint an independent third-party auditor to review the files and materials used by Network for the purpose of auditing compliance by Network related to Network’s obligations under this Agreement. Optum may exercise such right of audit during normal business hours upon five (5) business days prior written notice to Network. Network shall cooperate with Optum’s auditor in the performance of any audit. Optum shall be solely responsible for the cost of the audit, providing however, if such audit reveals reporting discrepancies to Optum, Network shall bear the costs of such audit. Network’s obligation to disclose files and materials to Optum or its auditor shall be subject to the requirements of the MGDPA, including but not limited to limitations on Network’s ability to disclose data classified by the MGDPA as private, nonpublic, or confidential. 8.6 Fitness Passport Program Performance Standards. The Fitness Passport Program Performance Standards are attached hereto and incorporated herein by reference as Appendix B. 8.7 Assignment. Except as provided in this Section, neither party may assign any of its rights and responsibilities under this Agreement to any person or entity without the prior written consent of the other party, which shall not be unreasonably withheld. Network and Optum acknowledge that persons and entities under contract with or affiliated with them may perform certain services under this Agreement. Network acknowledges that assignment by Optum of all or any of its rights and responsibilities under this Agreement to any affiliate shall not require Network’s prior written consent. 8.8 Successors. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heir(s), personal representatives, executors, administrators, successors, and assigns. 8.9 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. 8.10 Amendments. No amendments, modifications, or additions to this Agreement shall be valid unless made in writing and signed by both the Network and Optum. 8.11 Invalidity of Sections of Agreement. If any portions of this Agreement shall, for any reason, be invalid or unenforceable such portions shall be ineffective only to the extent of such invalidity or unenforceability and the remaining portion or portions shall nevertheless be valid, enforceable and of full force and effect. 8.12 Survival. The terms and conditions of this Agreement, which by their express or implied terms, survive the termination of this Agreement, shall survive the termination of this Agreement. 8.13 Notices. Any notice, demand, or communication required under this Agreement shall be hand delivered or sent by commercial overnight delivery service, or if mailed, by pre-paid, first class mail to the addresses below. The addresses to which notices are sent may be changed by proper notice. Notice to Optum: OptumHealth Care Solutions, LLC Attn: Contracts Administration MN101-W013 11000 Optum Circle Eden Prairie, MN55344 7 Notice to Network: City of Eden Prairie Attn: Parks and Recreation Director 8080 Mitchell Road Eden Prairie, MN 55344 8.14 Counterparts. This Agreement may be executed by electronic signatures or in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one agreement. 8.15 Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of Optum or other parties relevant to this Agreement are subject to examination by the Network 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 Optum under this Agreement which Network requests to be kept confidential, shall not be made available to any individual or organization without Network’s prior written approval. This Agreement is subject to the MGDPA. All government data, as defined in MGDPA Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Optum in performing any of the functions of Network during performance of this Agreement is subject to the requirements of the MGDPA and Optum shall comply with those requirements as if it were a government entity IN WITNESS WHEREOF, this Agreement is executed by the parties’ authorized officers or representatives and shall be effective as of the Effective Date. OptumHealth Care Solutions, LLC City of Eden Prairie 11000 Optum Circle 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie, MN 55344 Signature: {{Sig_es_:signer2:signature}} Signature: {{Sig_es_:signer1:signature}} Print Name: {{N_es_:signer2:fullname}} Print Name: _es_:signer1:fullname}} Title: {{*Ttl_es_:signer2:title}} Title: {{*Mayor _es_:signer1:title}} Date: {{Dte_es_:signer2:date}} Date: {{Dte_es_:signer1:date}} Agreement Number: 00792650.0 Signature: {{Sig_es_:signer1:signature}} Print Name: {{N_es_:signer1:fullname}} Title: City Manager_es igner1:title}} Date: {{Dte_es_:signer1:date}} 8 Appendix A Fitness Passport Program Fees and Description of Services I. Fitness Passport Program Description: The Optum Fitness Passport Program provides eligible Members with pre- determined monthly membership rates to Participating Networks when they enroll in the Fitness Passport Program. The Optum Fitness Passport Program also reimburses Participating Networks a pre-determined amount when Members meet the established program criteria as defined by Optum. II. Network Reimbursement Fees: In connection with participating in the Fitness Passport Program, Optum will reimburse Network a pre-determined amount each calendar month for each participating Member, following Network’s validation and representation that the Member has met the program criteria as defined by Optum below. The Network Facility Reimbursement payment is associated with a Member’s cumulative number of monthly visits to any Participating Facility. For the avoidance of doubt, the Network Facility Reimbursement payment is not applicable to each Participating Facility individually. Member Participation Requirement Network Reimbursement amount paid by Optum Member visits any Participating Facility during calendar month $28.00 on the first visit with a maximum monthly reimbursement of $28.00 (1 visit) Unless Network has notified Optum in writing no later than August 1st of the current Term the Network Reimbursement Fee will not be negotiable and will continue for the next Renewal Term. 1. Most Favored Reimbursement. Network represents and warrants that the Network Facility Reimbursement as outlined in this Agreement is equal to or lower than the reimbursement per-visit rates and maximum monthly fees being offered by Network to any other customer for the same or similar services. If during the term of this Agreement Network enters into an agreement or arrangements with any other customer contracting with Network for the benefit of its members which includes lower reimbursement per-visit rates or maximum monthly fees for the same or similar services as stated in this Agreement, Network shall promptly identify such lower per-visit rates and/or maximum monthly fees to Optum, and the Parties shall execute an amendment to this Agreement to incorporate the change in Network Facility Reimbursement effective as of the date that the Network made such lower rates available to such customer. III. Description of Services: 1. Network Responsibilities. Network shall be responsible for: a) Participating Facility Membership Fees: In connection with participating in the Fitness Passport Program, Network shall waive any and all enrollment and membership fees for those Members that enroll in the Fitness Passport Program. Network will need to enroll the eligible Member in the Fitness Passport Program in order to be eligible for reimbursement. b) Network will reasonably cooperate with Optum to create Fitness Passport Program communication and promotional materials for Optum to send to Optum's clients, Members or Eligible Members. 9 c) Maintaining a Web site that provides Participating Facilities locations including Network branches by zip code as well as a list of amenities and services, hours of operation and other information for each Participating Facility. Network shall allow Optum to link to this site for purposes of providing information to Eligible Members and Members. d) By the seventh day of each month or the next business day if the seventh day of the month falls on a weekend or holiday, the Network or Optum’s designated third party will deliver to Optum, in a file format specified by Optum, a file containing the usage data for the prior month for every Member in the Fitness Passport Program, regardless of how many times they visited the Network each month. Network will report a Member’s cumulative number of visits to any Participating Facility in the file containing usage data. Network is responsible for ensuring the submitted usage data is accurate. A maximum of one (1) visit per calendar day can be counted towards a Member’s monthly visit total to Network. Network will be responsible for accurate reporting monthly and correct any errors in reporting. For purposes of this Agreement, Optum will only be responsible for those records that have been reported within two (2) months from the end of the reported month will be evaluated for possible Network Facility Reimbursement. For example, at the conclusion of the month of April, the Network has two calendar months to report a Member’s April visit count for purposes of calculating a possible Network Facility Reimbursement. Upon identifying any processing errors Network will promptly notify Optum of these errors and the errors will be corrected in the next month’s payment cycle. e) Assisting to resolve questions, complaints or grievances related to a Member’s participation in the Fitness Passport Program and to notify Optum via e-mail correspondence of all unresolved Member disputes and/or grievances that require the involvement of Optum. f) Completing all enrollment paperwork, program training and staff training necessary to begin accepting Members within thirty (30) business days of the Agreement Effective Date. Network will be listed as a Participating Facility on Fitness Passport Program website within thirty (30) days of the Agreement Effective Date. g) Additional administrative and support services as described herein. 2. Optum Responsibilities. Optum shall be responsible for: a) Communicating program overview to Members pursuant to Section 4.3 of the Agreement. b) Making reasonable efforts to notify Optum’s Eligible Members of Fitness Passport Program enrollment guidelines and processes. c) Posting updated facilities as a Participating Facility directory on the Optum Web site pursuant to Section 4.3 of the Agreement when available. d) Upon receipt of Member Fitness Passport Program utilization information on a monthly basis from Network or Optum’s designed third party, Optum will verify the eligibility of Members listed on the monthly Member usage file and indicate which Activation IDs meet eligibility requirements for Network Facility Reimbursement to Network. Optum will designate with an error code any records which are ineligible for any such payments. e) By the twenty-third day of each month or the next business day if the twenty-third day of the month 10 falls on a weekend or holiday, Optum will provide the eligibility verification file containing the payment amount of Network Facility Reimbursement to be reimbursed to Network. In addition, by the twenty- third day of the month Optum will send a payment via electronic funds transfer ("EFT") to Optum’s designated third party equal to the total amount of Network Facility Reimbursement to Network for the prior month. f) Additional administrative and support services as described herein. 3. Additional Fitness Passport Program Guidelines. a) The Network Facility Reimbursement period for Network is calculated based on each calendar month only, regardless of the date of enrollment by the Member. A Member who signs up for the Fitness Passport Program will enable Network to be eligible to earn an Network Facility Reimbursement payment from Optum commencing as of the month the Member enrolls. For example, if the Member enrolls in the Fitness Passport Program on January 5, Network may earn the Network Facility Reimbursement if the Member meets their monthly attendance requirement at a Network on or after January 1 through the end of January. 11 Appendix B Fitness Passport Program Performance Standards Network and Optum accept the minimum performance standards set forth below. Section 1 Minimum Standards 1.1 Customer Service: Participating Facilities and Optum shall work together to resolve all Member complaints and grievances in a timely manner. Network will make best efforts to achieve the Customer Service Deliverables listed in Table 1 below: TABLE 1 - Customer Service Service Level Deliverables Timeframe E-mails and written inquiries to and from Participating Facilities from Optum Network will respond within two (2) business days Member complaint and/or grievance resolution Network must notify Optum in a timely manner of any disputes or other grievances involving Members and Network will work to resolve ninety-five percent (95%) of such disputes within seven (7) business days. 1.2 Data and Payment Processing Schedule: Network, Optum and Optum’s designated third parties, if applicable will use the following schedule set forth in Table 2 below for processing data and sending payment: TABLE 2 - Data and Payment Processing (per Appendix A) Network to provide Member usage file to Optum or Optum’s designated third party* Optum to provide eligibility verification file to Optum’s third party Optum or Optum’s designated third party to transmit the Network Facility Reimbursement to Network’s designated account By the seventh day of the month or the next business day if the seventh day of the month falls on a weekend or holiday, following the month of usage By the twenty-third day of the month or the next business day if the twenty-third day of the month falls on a weekend or holiday, following the month of usage** By the first day of the month or the next business day if the first day of the month falls on a weekend or holiday, following the exchange of data** Example: February 7 for January usage Example: February 23 for January usage Example: March 1 for January usage received in February * If Optum notifies Network that Optum utilizes a third party to collect Member usage from Network, Network will provide Member’s monthly usage reports to Optum’s designated third party no later than by the fifth day of the month. ** Subject to timely receipt of usage data received by Network CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Alecia Rose, Human Resources Division ITEM DESCRIPTION: Approve 5 year agreement with Ochs, Inc. to underwrite LTD and Life Insurance policies ITEM NO.: VIII.C. Requested Action Move to: Approve 5-year service agreement with Ochs, Inc. for underwriting the City’s Long Term Disability and Life and Accidental Death Insurance policies in the amount of $59,045 per year for a total of $295,225 over 5 years. This is resulting in an annual savings of $22,020. Synopsis As required by Minnesota State Statute the City sent out a Request for Proposal for Life and LTD services in May 2021. City Staff recommends switching from Cigna to Ochs, Inc. because of the cost savings, benefit upgrades and references from other municipalities. The total cost impact will be a 27% decrease in administration costs of the policies with a rate guarantee for 3-5 years. Attachments LTD and Life Rate Comparison Life Insurance – Summary of Benefits Long Term Disability – Summary of Benefits Basic Life Insurance and Long Term Disability Rates Rates effective January 1, 2022 - December 31, 2022 Basic Life and AD&D Proposed Rates for 2022 Coverage Volume Cigna Renewal Rate Ochs, Inc. Proposal Basic Active Life - $50,000 / $70,000 $13,805,000 $.06 / $1,000 $.04 / $1,000 Basic Active AD&D - $50,000 / $70,000 $13,805,000 $.02 / $1,000 $.02 / $1,000 Estimated Life/AD&D Annual Premium $13,252.80 $9,939.60 Annual Savings by Switching to Ochs $3,313.20 Long Term Disability Proposed Rates for 2022 Coverage Annual Covered Payroll Cigna Renewal Rate Ochs, Inc. Proposal Long Term Disability – 60% benefit, tax free to $8,500/month $23,383,896 $.29 / $100 $.21 / $100 Estimated LTD Annual Premium $67,813.30 $49,106.18 Annual Savings by Switching to Ochs $18,707.12 Total Annual Savings for both Life/AD&D and LTD $22,020.32 Highlights: 1. Five year rate guarantee on the Basic Life and AD&D Rates. 2. Long Term Disability has a rate guarantee of three years. If the loss ratio is 60% or less at the first renewal review, another 2 year rate guarantee will be offered, for a total of five years. 3. Matched current Life and LTD policies. Voluntary Life Insurance Rates Rates effective January 1, 2022 - December 31, 2022 Other Highlights: 1. Five year rate guarantee on the Voluntary Life Rates. Matched the current rates from Cigna. 2. Special one-time open enrollment for those employees that currently have Voluntary Life Insurance. Employees will be allowed to increase coverage by up to $50,000, subject to the new guaranteed issue maximum of $250,000. 3. Supplemental Life Maximum for employees has increased from $400,000 to $500,000. 4. Guaranteed Issue Maximum has increased from $150,000 to $250,000. 5. Child life eligibility includes live birth to age 26 (previous was age 25 and must be a full-time student) 6. No reduction in benefits at age 65 and 70. 7. Accidental Death & Dismemberment policy add a Line of Duty benefit for our public safety officers. Voluntary Life Insurance Rates Benefit Type Minimum/Maximum Benefit Guarantee Issue Monthly Rates (No change in rates) (per $1,000 of benefit) Age Employee Life Spouse Life Employee Life Increments of $10,000. Minimum: $20,000 Maximum: $500,000 $250,000 <30 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70+ $.04 $.05 $.08 $.15 $.29 $.43 $.85 $1.19 $1.97 $4.50 $.04 $.05 $.08 $.15 $.29 $.43 $.85 $1.19 $1.97 ----- Spouse Life Increments of $10,000. Minimum: $10,000 Maximum: $200,000 $50,000 Children Life Option of $10,000, $15,000 or $20,000. Rate covers all eligible children within a family. Minimum: $10,000 Maximum: $20,000 $20,000 Monthly Child(ren) Rate: $10,000 = $1.00 $15,000 = $1.50 $20,000 = $2.00 Voluntary Accident Insurance (AD&D) Rates – No change in current rates Benefit Type Maximum Benefit Monthly Rates (per $1,000 of benefit) Employee Benefit Increments of $10,000 $500,000 $.03 Family Benefit Increments of $10,000 $500,000 $.04 City of Eden Prairie Group Term Life and AD&D Insurance PLAN DESIGN Date: June 17, 2021 Presented by: Ochs, Inc., A Securian Financial Company Underwritten by: Minnesota Life Insurance Company City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 2 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company TABLE OF CONTENTS Contents PLAN DETAILS .......................................................................................................................... 3 BASIC TERM LIFE .................................................................................................................... 4 SUPPLEMENTAL TERM LIFE ................................................................................................... 6 DEPENDENT TERM LIFE ......................................................................................................... 8 VOLUNTARY AD&D .................................................................................................................10 DEFINITIONS AND GUARANTEED ISSUE (GI) LIMITS ..........................................................12 PROPOSAL TERMS AND CONDITIONS .................................................................................13 City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 3 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company PLAN DETAILS Group Term Life and AD&D Insurance Effective Date Coverage January 1, 2022 • Basic Term Life and AD&D • Supplemental Term Life • Spouse Term Life • Employee and Family Voluntary AD&D • Child Term Life Definitions Class Eligibility Class 1: City Managers or Department Heads/Directors A minimum number of hours as determined by your employer Class 2: Full-time Employees excluding City Managers or Department Heads/Director. A minimum number of hours as determined by your employer Class 3: Full-time Southwest Transit Employees classified as Chief Executive Officer. A minimum number of hours as determined by your employer Class 4: All active, Full-time Southwest Transit Employees excluding Employees classified as Chief. A minimum number of hours as determined by your employer Funding Class Non-Contributory / Contributory Classes 1-2: Employer Paid • Basic Term Life and AD&D Employee Paid • Supplemental Term Life • Spouse Term Life • Employee and Family Voluntary AD&D • Child Term Life Classes 3-4: Employer Paid • Basic Term Life Employee Paid • Supplemental Term Life • Spouse Term Life • Employee and Family Voluntary AD&D • Child Term Life City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 4 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company BASIC TERM LIFE Plan Design Description Benefit Summary Class Amount Class 1: $70,000 Class 2: $50,000 Class 3: $200,000 Class 4: $100,000 Basic Life Age Reduction Schedule Class Age Reduces to Classes 1-4 65 65% 70 40% Guaranteed Issue (GI) and EOI Requirements Summary Amount Current Insureds All coverage is grandfathered and guaranteed New Employees All coverage is guaranteed for new employees if elected within 31 days of initial eligibility Accidental Death and Dismemberment (AD&D) Summary Amount Benefit Matches life amount for death with benefit schedule for dismemberment; includes the following additional benefits: • Line of Duty – Increases by 100% up to $100,000 (Line of duty definition includes “Maintenance Operators” – approved 9/15/2021) • Airbag - Lesser of 10% or $10,000 • Seatbelt - Lesser of 20% or $20,000 • Adaptive Home & Vehicle - 2% up to $2,500 • Bereavement & Trauma Counseling - Actual cost up to $500 • Child Care - Lesser of actual cost, 3% or $3,000 for four (4) years • Child Education - Lesser of actual cost, 5% or $5,000 for four (4) years • Disappearance - Benefit paid • Exposure - Benefit paid • Spouse Education - Lesser of actual cost, 5% or $5,000 for four (4) years Loss Benefit City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 5 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company AD&D Dismemberment Schedule of Benefits (member is defined as hand, foot, or eye) Life 100% Two or more members 100% Quadriplegia 100% Speech and hearing 100% Paraplegia 75% One member 50% Speech 50% Hearing 50% Hemiplegia 50% Thumb & index finger of same hand 25% Additional Plan Benefits Benefit Definition Waiver of Premium Premiums waived for active employees disabled prior to age 60 and continues until the earlier of retirement, recovery, or age 65; provision includes a nine (9) month elimination period and is not available with ported coverage. Accelerated Death Benefit Allows terminally ill insureds with a life expectancy of 12 months or less to accelerate up to 100% of the face amount up to $1,000,000 (Basic and Supplemental combined). Portability Allows insureds to continue coverage if they terminate employment or retire. Conversion Allows insureds to convert terminated coverage to an individual life insurance policy. City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 6 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company SUPPLEMENTAL TERM LIFE Supplemental Employee Life Benefit Summary Summary Amount Benefit $10,000 increments to a maximum of $500,000 Age Reductions None Guaranteed Issue (GI) and EOI Requirements Summary Requirement Current Insureds All coverage is grandfathered and guaranteed One-time Open Enrollment (Current insureds only) $50,000 is guaranteed, up to the maximum guarantee issue of $250,000 if elected during one-time enrollment period (GI limit includes coverage currently in force) New Employees $250,000 is guaranteed for new employees if elected within 31 days of initial eligibility Future Annual Enrollment $10,000 is guaranteed, up to the maximum guarantee issue of $250,000 if elected during annual enrollment period (GI limit includes coverage currently in force) Qualified Status Change Electing or increasing coverage requires EOI Outside of GI opportunities Electing or increasing coverage requires EOI Accidental Death and Dismemberment (AD&D) Summary Amount Benefit Matches life amount for death with benefit schedule for dismemberment; includes the following additional benefits: • Airbag - Lesser of 10% or $10,000 • Seatbelt - Lesser of 20% or $20,000 • Adaptive Home & Vehicle - 2% up to $2,500 • Bereavement & Trauma Counseling - Actual cost up to $500 • Child Care - Lesser of actual cost, 3% or $3,000 for four (4) years • Child Education - Lesser of actual cost, 5% or $5,000 for four (4) years • Disappearance - Benefit paid • Exposure - Benefit paid • Spouse Education - Lesser of actual cost, 5% or $5,000 for four (4) years Dismemberment Schedule of Benefits (member is defined as hand, foot, or eye) Loss Benefit Life 100% Two or more members 100% Quadriplegia 100% City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 7 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company Speech and hearing 100% Paraplegia 75% One member 50% Speech 50% Hearing 50% Hemiplegia 50% Thumb & index finger of same hand 25% Additional Plan Benefits Benefit Definition Waiver of Premium Available for employees disabled prior to age 60 and continues until retirement, recovery, or age 65; provision includes nine (9) month elimination period and is not available with ported coverage. Accelerated Death Benefit Allows terminally ill insureds with a life expectancy of 12 months or less to accelerate up to 100% of the face amount up to $1,000,000 (Basic and Supplemental combined). Portability Allows insureds to continue coverage if they terminate employment or retire. Conversion Allows insureds to convert terminated coverage to an individual life insurance policy. City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 8 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company DEPENDENT TERM LIFE Dependent Eligibility Class Definition Spouse • A spouse is not eligible if they are also eligible for employee coverage Children • Live birth to 26 years; or physically or mentally disabled and incapable of self-support prior to attaining age 26 • A child may only be covered by one parent • If an employee's first eligible newborn child dies within 31 days of birth but prior to the employee enrolling for child life coverage, a benefit will be paid Supplemental Spouse Life Benefit Summary Summary Amount Benefit $10,000 increments to a maximum $200,000. Elect coverage even if employee does not have supplemental life themselves. Age Reductions None Guaranteed Issue (GI) and EOI Requirements Summary Requirement Current Insureds All coverage is grandfathered and guaranteed New Employees $50,000 is guaranteed for new employees if elected within 31 days of initial eligibility Future Annual Enrollment Electing or increasing coverage requires EOI Qualified Status Change $50,000 is guaranteed if elected within 31 days of Qualified Status Change Outside of GI opportunities Electing or increasing coverage requires EOI Supplemental Child Life Benefit Summary Summary Amount Benefit $10,000, $15,000, or $20,000 Elect coverage even if employee does not have supplemental life themselves. Guaranteed Issue (GI) and EOI Requirements Summary Requirement Current Insureds All coverage is grandfathered and guaranteed One-time Open Enrollment All coverage is guaranteed if elected within 31 days of initial eligibility City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 9 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company New Employees All coverage is guaranteed for new employees if elected within 31 days of initial eligibility Future Annual Enrollment All coverage is guaranteed at each annual enrollment Qualified Status Change All coverage is guaranteed if elected within 31 days of Qualified Status Change Outside of GI opportunities Electing or increasing coverage requires EOI Additional Plan Benefits Benefit Definition Waiver of Premium If an employee's premium is being waived under the Waiver of Premium provision, premiums for dependent coverage(s) the employee had as an active insured will be continued and waived as well. Accelerated Death Benefit Allows terminally ill insureds with a life expectancy of 12 months or less to accelerate up to 100% of the face amount up to $1,000,000 (Basic and Supplemental combined). Portability Allows spouse and children to continue coverage if employee terminates employment or retires. Conversion Allows insureds to convert terminated coverage to an individual life insurance policy. City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 10 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company VOLUNTARY AD&D Plan Design Description Benefit Summary Summary Amount - Employee Plan Amount - Family Plan Benefit $10,000 increments • Spouse (with children): 40% • Spouse (no children): 50% • Each child (with spouse): 10% • Each child (no spouse): 15% Percentages reflect % of employee’s principal sum Plan Maximum $500,000 • Spouse: $200,000 • Child: $20,000 Guarantee Issue All coverage is guaranteed Age Reductions None Additional Plan Benefits AD&D Loss Benefit Dismemberment Schedule of Benefits (member is defined as hand, foot, or eye) Life 100% Two or more members 100% Quadriplegia 100% Speech and hearing 100% Paraplegia 75% One member 50% Speech 50% Hearing 50% Hemiplegia 50% Thumb & index finger of same hand 25% Additional Benefits • Airbag - Lesser of 10% or $10,000 • Seatbelt - Lesser of 20% or $20,000 • Adaptive Home & Vehicle - 2% up to $2,500 • Bereavement & Trauma Counseling - Actual cost up to $500 • Child Care – Lesser of actual cost, 3% or $3,000 for four (4) years (Applies to employee and spouse only) • Child Education - Lesser of actual cost, 5% or $5,000 for four (4) years (Applies to employee and spouse only) • Disappearance - Benefit paid City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 11 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company • Exposure - Benefit paid • Spouse Education - Lesser of actual cost, 5% or $5,000 for four (4) years (Applies to employee only) City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 12 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company DEFINITIONS AND GUARANTEED ISSUE (GI) LIMITS Category Guaranteed Issue Limits* Current Insureds All employees in a benefit eligible class on the effective date of this policy and their dependents All current Basic coverage amounts are guaranteed and carried over without providing evidence of insurability (EOI) • Employee: Supplemental amount in force prior to policy effective date • Spouse: amount in force prior to policy effective date • Child: amount in force prior to policy effective date One-Time Open Enrollment All actively at work benefit eligible employees and their dependents Supplemental coverage elected is guaranteed up to the GI limits without providing EOI during the one-time open enrollment period, • Employee: (Current insureds only) $50,000 is guaranteed • Spouse: Electing or increasing coverage requires EOI • Child: All coverage is guaranteed Future Annual Enrollment Benefit eligible employees and their dependents • Employee: (all employees) $10,000 is guaranteed • Spouse: Electing or increasing coverage requires EOI • Child: All coverage is guaranteed at each annual enrollment New Employees All employees who first become benefit eligible after the effective date of this policy and their dependents Coverage is guaranteed up to the GI limits if elected within the 31- day new employee enrollment period • Employee: $250,000 is guaranteed • Spouse: $50,000 is guaranteed • Child: All coverage is guaranteed Qualified Status Change (QSC) Dependents who become benefit eligible after the effective date of this policy (i.e. marriage, birth, adoption). QSC are determined by the employer Coverage is guaranteed up to the GI limits if elected within 31 days of a qualifying status change • Employee: Not applicable • Spouse: $50,000 is guaranteed • Child: All coverage is guaranteed Outside of GI opportunities: Electing or increasing coverage requires Evidence of Insurability *GI limits include coverage currently in force City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 13 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company PROPOSAL TERMS AND CONDITIONS • Quote is valid for 120 days and is based on census data submitted. If actual enrollment or plan design differs materially, we reserve the right to review and modify the rates as necessary. • Individuals may be covered only once under the group policy. Employees cannot also be insured as a spouse or child, a child can only be insured by one parent, and an individual cannot be insured as both an ex-employee and a current employee. • All increases are subject to the actively at work provision in the policy. • Non-participating (Fully pooled): The policyholder remits premiums at the stated rate. The policyholder will not receive any experience refunds. • Our proposal assumes that all lives will be transferred according to the chart below and that coverage will be provided on a no loss/no gain basis. Because the current plan has a waiver of premium provision, those eligible under that provision will continue to be insured by the prior carrier. Others will be insured by Securian. Status of Employee on Effective Date Responsible Party Disabled and on approved waiver of premium Incumbent Carrier Disabled and not yet approved waiver of premium Incumbent Carrier/ Securian * Disabled and satisfying elimination period Incumbent Carrier/ Securian * Absent due to disabling ailment Incumbent Carrier/ Securian * Absent due to non-disabling ailment Securian On vacation Securian On non-medical leave of absence Securian On excused absence (funeral, etc.) Securian At work Securian *Our proposal assumes that employees on approved waiver of premium on the effective date will stay with the incumbent carrier under the current waiver of premium provision. If an employee is absent due to disability but not yet eligible or approved for waiver of premium, we recommend that premiums be paid to Securian. If the employee returns to work or otherwise does not satisfy the requirements for approved waiver of premium, Securian will be responsible for the ongoing life insurance coverage. If the employee remains disabled and satisfies the requirements for a waiver of premium claim, the claim should be filed with the incumbent carrier. Similarly, if the employee dies while totally disabled but before satisfying the waiting period for a waiver of premium claim, the death claim should be filed with the incumbent carrier. In any event, either Securian or the incumbent carrier will provide coverage for every insured employee. • We relied on information provided with the initial RFP and subsequent information after the RFP release to develop our proposal. If any information was incorrect or incomplete we reserve the right to review and adjust rates. • We reserve the right to review the appropriateness of the rates at any time in the event of plan design changes, modifications to the definition of eligible employees, or significant demographic changes in the group. We define significant changes to mean a change in the volume within a coverage or across coverages of more than 15%. Actives and retirees are considered independent coverages. The baseline for calculating the total change in volume will be the volume provided in the RFP • Issued policies will comply with applicable state insurance laws and coverage restrictions or limits may apply. City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 14 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company • Securian Financial Group is licensed to do business in the United States and our proposal covers employees working in the U.S. and U.S. citizens working abroad as expatriates. We’re happy to discuss solutions for your non-U.S. citizens working outside the U.S. to meet the changing benefits needs of a global workforce. • If selected as a finalist, Securian Financial Group's legal counsel will review the specifics of any sample contract, service agreement, or terms & conditions language and provide a list of items to discuss with client’s legal counsel. We have found that this process can be completed efficiently and result in a mutually agreeable contract. • It is the employer's obligation to determine the applicability of and compliance with any ERISA or DOL rules. Under Department of Labor rules, certain employee-pay-all group plans may not be subject to ERISA rules. However, the employer should consult counsel to determine if this plan falls within the exemption. Termination Term Life Terminates at earlier of retirement (unless eligible for retiree benefits), loss of eligibility, or termination of employment Life Exclusions Basic No exclusions Supplemental Suicide exclusion applies. This exclusion limits our liability to an amount equal to the premiums paid for an insured if the insured, whether sane or insane, dies by suicide within two years of the effective date of his or her insurance. For existing amounts transferred to our policy, the time insurance was in force under the prior policy(ies) will count toward this two year limitation. Ridered AD&D Exclusions (subject to situs state exclusions) In no event will we pay the accidental death or dismemberment benefit where the insured’s death or dismemberment is caused directly or indirectly by, results from, or where there is a contribution from, any of the following: • Self-inflicted injury or self-destruction, whether sane or insane; or • Suicide or attempted suicide, whether sane or insane; or • The insured’s participation in or attempt to commit a crime, assault, felony, or any illegal activity, regardless of any legal proceedings, or the absence of any legal proceedings, thereto; or • Bodily or mental infirmity, illness or disease; or • The use of alcohol, drugs, medications, poisons, gases, fumes or other substances taken, absorbed, inhaled, ingested or injected, unless taken upon the advice of a licensed physician in the verifiable prescribed manner and dosage; or • Motor vehicle collision or accident where the insured is the operator of the motor vehicle and this insured’s blood alcohol level meets or exceeds the level at which intoxication is defined in the state where the collision or accident occurred, regardless of any legal proceedings, or the absence of any legal proceedings, thereto; or • Infection, other than infection occurring simultaneously with, and as a direct result of, the accidental injury; or • Medical or surgical treatment or diagnostic procedures or any resulting complications; or City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 15 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company • Travel in or descent from any aircraft, except as a fare-paying passenger on a regularly scheduled commercial flight on a licensed passenger aircraft carrier; or • War or any act of war, whether declared or undeclared; or • Service in the military of any nation. Voluntary AD&D Exclusions (subject to situs state exclusions) In no event will we pay the accidental death or dismemberment benefit where the insured’s death or dismemberment is caused directly or indirectly by, results from, or where there is a contribution from, any of the following: • Suicide or attempted suicide, whether sane or insane; or • Intentionally self-inflicted injury or any attempt at self-inflicted injury, whether sane or insane; or • The insured’s participation in or attempt to commit a crime, assault or felony; or • Bodily or mental infirmity, illness or disease; or • Medical or surgical treatment including diagnostic procedures; or • Alcohol, drugs, poisons, gases or fumes, voluntarily taken, administered, absorbed, inhaled, ingested or injected; or • Bacterial infection, other than infection occurring simultaneously with, and as a result of, the accidental injury; or • Travel or flight in or on any vehicle used for aerial navigation including getting in, out, on, or off such vehicle, if the insured is: – Riding as a passenger in any aircraft not intended or licensed for the transportation of passengers; or – Acting as a pilot or a crew member of any aircraft, unless riding as a passenger; or – Riding as a passenger in a non-chartered aircraft which is owned, leased, operated, or controlled by the eligible employee’s employer; or – A student taking a flying lesson, unless riding as a passenger; or – Hang gliding; or – Parachuting, except when the insured has to make a parachute jump for self-preservation; or • War or any act of war, whether declared or undeclared; or • Riot or civil insurrection; or • Service in the military of any nation. City of Eden Prairie ©2021 Ochs, Inc. All rights reserved. Version 1.4 Page 16 Ochs, Inc., A Securian Financial Company Underwritten by Minnesota Life Insurance Company Ochs, Inc., A Securian Financial Company We, City of Eden Prairie, whose main office address in Eden Prairie, MN, hereby approve and accept the terms of the Group Term Life and AD&D policy issued by Ochs, Inc, a Securian Financial Company. We acknowledge that benefits will be provided in accordance with the terms and conditions of the policy, which will be the sole contract under which benefits are paid. City of Eden Prairie ____________________________10/26/2021____ Ron Case, Mayor ____________________________10/26/2021____ Rick Getschow, City Manager City of Eden Prairie Group Long Term Disability Insurance PLAN DESIGN Date: June 17, 2021 Presented by: Ochs, Inc., A Securian Financial Company Underwritten by: Madison National Life Insurance Company, Inc. City of Eden Prairie © 2021 Ochs, Inc. All rights reserved. Page 2 Ochs, Inc., A Securian Financial Company Version 1.4 Underwritten by Madison National Life Insurance Company, Inc. TABLE OF CONTENTS PLAN DETAILS ............................................................................................................................ 3 SERVICES INCLUDED ................................................................................................................ 6 KEY DEFINITIONS AND PROVISIONS ........................................................................................ 7 City of Eden Prairie © 2021 Ochs, Inc. All rights reserved. Page 3 Ochs, Inc., A Securian Financial Company Version 1.4 Underwritten by Madison National Life Insurance Company, Inc. PLAN DETAILS Group Long Term Disability Summary Definition Effective Date January 01, 2022 Class Definitions Class 01: City Managers or Department Heads or Directors Class 02: All Other Eligible Employees excluding City Managers, Department Heads/Directors, Police Officers and Southwest Transit Commission Employees Class 03: Police Officers Class 04: Southwest Transit Employees Eligibility Requirements 32 hours per week Funding Option 1: 100% Employer Paid Option 2: 0% Employer Paid City of Eden Prairie © 2021 Ochs, Inc. All rights reserved. Page 4 Ochs, Inc., A Securian Financial Company Version 1.4 Underwritten by Madison National Life Insurance Company, Inc. LONG TERM DISABILITY Plan Design Description Summary Definition LTD Benefit 60% Guarantee Issue $8,500 Evidence of Insurability Required for late enrollees, benefit increases, or coverage in excess of the Guarantee Issue amount. Maximum Monthly Covered Salary $14,167 Maximum Monthly Benefit $8,500 Continuity of Coverage Included Subrogation Included Elimination Period The later of any accumulated sick and extended illness bank leave or 90 days Maximum Benefit Period SSNRA, 12 month min. reducing after 59 Own Occupation Period Class 01: Duration of Benefits Classes 02-04: 36 months following the end of the Elimination Period Definition of Disability Zero Day; Partial Disability from Date of Disability Earnings Threshold Class 01: 80% of Predisability earnings Classes 02-04: 80%/80% of Predisability earnings Work Incentive First 24 months of Disability with Work Earnings Calculation Method Direct Offset Freeze General Freeze Integration with State Plan Yes Require Application for State Plan Yes Mental Disorder Limitation 24 months Lifetime unless hospital confined Substance Abuse Limitation Same as Mental Disorder Limitation Other Income Integration Social Security – Primary Only Sick Pay – Direct Offset State Plan – Direct Offset Worker’s Compensation – Direct Offset Cumulative Elimination Period 5 days for every 30 days of Elimination Period Pre-Existing Condition Exclusion 3 months/12 months City of Eden Prairie © 2021 Ochs, Inc. All rights reserved. Page 5 Ochs, Inc., A Securian Financial Company Version 1.4 Underwritten by Madison National Life Insurance Company, Inc. Minimum Participation 100% Leave of Absence Coverage FMLA; Short Term Excused Absence: 30 days Rehabilitation Applies Survivor Benefit 3 x Last Monthly Benefit Cost of Living Adjustment 3%/Maximum ten Adjustments City of Eden Prairie © 2021 Ochs, Inc. All rights reserved. Page 6 Ochs, Inc., A Securian Financial Company Version 1.4 Underwritten by Madison National Life Insurance Company, Inc. SERVICES INCLUDED Waiver of Premium Payment When a disabled employee begins drawing benefits, all further insurance premium payments for that individual will be waived during disability. Flexible Billing Self-bill and list-bill options are available. Payments can be made on a monthly basis by multiplying the total covered payroll for the month by the rate indicated on this proposal. Claims Management Madison National Life understands that a disability may not only be stressful for an employee and his or her family, but also for the employer. So, even though it’s not part of an insurance policy, we believe part of our job is to reduce the stress associated with a disabling illness or injury. In coordination with our carrier partners, we employ the following methods for handling claims and assisting a successful return-to-work. One point of contact – most groups assigned one claim specialist Expedited answers – most calls returned in 24 hours or less Rehabilitation intervention – vocational and site-modification programs Patient advocacy – helps restore patient’s outlook and manage disability Social Security plan assistance Contact with claimant at certain milestones depending upon illness or injury Claim payment method School groups may choose to have benefits paid on a daily compensation basis. If elected, teachers and other "contract day" employees will have their annual pay divided by the number of contract working days to determine a daily benefit. For "non-contract day" employees, the claimant's annual pay will be divided by the number of months which is closest to his or her actual work year. FICA Tax Savings Madison National Life Insurance will pay the employer’s portion of FICA withholding and release the employer from 941 and W-2 reporting requirements. MNL does not require reimbursement from the employer. City of Eden Prairie © 2021 Ochs, Inc. All rights reserved. Page 7 Ochs, Inc., A Securian Financial Company Version 1.4 Underwritten by Madison National Life Insurance Company, Inc. KEY DEFINITIONS AND PROVISIONS Employee Eligibility To be eligible for insurance, the Candidate must be an Employee who works for the Employer as a member of an Eligible Class who is reported on the Employer’s records for Social Security and tax withholding purposes. He or she must be a citizen or legal resident of the United States or Canada, and must reside in the United States or Canada. The Candidate must be Actively at Work and capable of sustained Active Work on the effective date of his/her coverage and must be meeting the Minimum Hour Requirement. The Candidate cannot be a full-time member of the armed forces of any country, leased employee or independent contractor and must satisfy his/her Waiting Period. When LTD Benefits End An Insured Person’s LTD Benefits end automatically on the earliest of the following: The date he or she is no longer Disabled; The date his or her Maximum Benefit Period ends; The date he or she dies; The date he or she becomes eligible for coverage under any other group LTD plan obtained through employment; The date he or she fails to provide satisfactory objective medical evidence of continued Disability; The date he or she fails to comply with the Insurer’s request to be examined by a Physician, other medical practitioner and/or a vocational or rehabilitation expert of the Insurer’s choice; The date he or she refuses to accept an accommodated position, offered by the Employer, which he or she is able to perform, whether it is in the Insured Person’s Own Occupation or Any Occupation; The date at which he or she has resided outside of the United States or Canada for 6 months; The date that he or she is confined in a penal or correctional institution or under house arrest; The date that he or she fails to comply with any requirements set forth in Section XIX, Responsibilities of Disabled Insureds. The date that he or she is able to work and earn the amount noted in the Earnings Threshold (outlined in the Plan Details section of this Proposal), but chooses not to. City of Eden Prairie © 2021 Ochs, Inc. All rights reserved. Page 8 Ochs, Inc., A Securian Financial Company Version 1.4 Underwritten by Madison National Life Insurance Company, Inc. Maximum Benefit Period Classes 01, 02, 03, 04: Age at Disablement Benefit Duration* 59 or younger To age 65 60 5 years 61 4 years 62 3 ½ years 63 3 years 64 2 ½ years 65 2 years 66 1 ¾ years 67 1 ½ years 68 1 ¼ years 69 and over 1 year *To the later of: 1) the specified length of time as stated above, or 2) the day before attaining the Social Security Normal Retirement Age under the United States Social Security Act, as revised. Income That Reduces Disability Payments Disability income from the Social Security Administration, any State Disability Plan and other deductible sources of income will be deducted from the insured’s income for purposes of calculating benefits unless otherwise stated in the Plan Details section of this proposal. After the first deduction for Social Security benefits, the monthly benefit will not be further reduced due to any cost of living increase payable under Social Security benefits. If the insured is eligible for Social Security Disability benefits, but chooses instead to receive Social Security Retirement benefits, this plan will estimate the amount of the eligible Social Security Disability benefit and reduce the gross Long-Term Disability benefit with the estimated amount. Income That Does Not Reduce Disability Payments This policy will not deduct individual disability insurance benefits, accelerated benefits under a life insurance policy, group credit or mortgage disability insurance benefits, or deferred compensation from the insured’s income for the purpose of calculating benefits. Also, the insured’s benefit payments will not be reduced by income earned through an occupation held in addition to the own occupation prior to becoming disabled, unless that income exceeds the amount earned immediately prior to disablement Definition of Disability Disability or Disabled means that during the Elimination Period and the Own Occupation Period the Insured is, as a result of Physical Disease, Injury, Mental Disorder, Substance Abuse or Pregnancy, unable to perform one or more of the Material Duties of his or her Own Occupation, and, due to such inability, their City of Eden Prairie © 2021 Ochs, Inc. All rights reserved. Page 9 Ochs, Inc., A Securian Financial Company Version 1.4 Underwritten by Madison National Life Insurance Company, Inc. Work Earnings are less than 80% of their Indexed Predisability Earnings, and he or she is incapable of earning 80% or more of their Indexed Predisability Earnings. After the Own Occupation Period ends, Disability and Disabled means the Insured is, as a result of Physical Disease, Injury, Mental Disorder, Substance Abuse or Pregnancy, unable to perform one or more of the Material Duties of Any Occupation, and, due to such inability, their Work Earnings are less than 80% of their Indexed Predisability Earnings, and he or she is incapable of earning 80% or more of their Indexed Predisability Earnings. Exclusions Disabilities which are caused by or which the following contributed to are not covered by this plan: War or any act of war, declared or undeclared Active participation in a violent disorder or riot Commission of, or attempt to commit, any crime or while engaging in an illegal activity Intentionally self-inflicted injury or attempted suicide During military leave in the armed forces of any state or country No disability benefits will be paid while confined in a penal/correctional institution or under house arrest Pre-Existing Conditions The Insured is not covered for a Disability caused or contributed to by a Pre-existing Condition or medical or surgical treatment of a Pre-existing Condition unless he/she has been continuously insured under the Group Policy for at least 12 months and has been Actively at Work for at least one full day after the end of that 12 months. If the Insured is not covered for a Disability because of the Pre-existing Condition exclusion for his/her current LTD coverage, he/she is not covered for that same Disability for any LTD coverage increase because of an Eligible Class or Group Policy change. Pre-existing Condition means a mental or physical condition whether or not diagnosed or misdiagnosed for which the Insured has consulted a Physician or other licensed medical professional, received medical treatment, services or advice, undergone diagnostic procedures, including self-administered procedures, or taken prescribed drugs or medications at any time during the 3 months period just before the effective date of the Insured’s insurance under the Group Policy or the effective date of the LTD coverage increase. Limitations Mental Disorders and Substance Abuse. LTD Benefit payments based on a Mental Disorder or Substance Abuse are limited to 24 months during the Insured’s lifetime. This is not a separate maximum for each such condition, or for each period of Disability, but a combined lifetime maximum for all periods of Disability and for Mental Disorders or Substance Abuse, either separate or combined. If Disability is caused by Substance Abuse, the Insured must be participating in an available rehabilitative program recommended by a Physician. An available rehabilitative program is a Substance Abuse program available to the Insured through either: (i) another group plan of the employer (such as an Employee Assistance Program or Medical Plan); or (ii) services generally available to the public through local community services at no or minimal cost to the Insured. Except as otherwise provided for below, LTD benefits will not be made beyond the earlier of the following: the date on which LTD Benefits have been paid for the maximum duration specified in subsections A1 and A3 or under the Maximum Benefit Period; the date the Insured are no longer participating in the rehabilitative program; the date the Insured refuses to participate in an available rehabilitative program; or the date the Insured completes the rehabilitative program. If at the end of that 24 month period, the Insured is confined in a Hospital, or other facility qualified to provide necessary care and treatment for Mental Disorders or Substance Abuse, for at least one day City of Eden Prairie © 2021 Ochs, Inc. All rights reserved. Page 10 Ochs, Inc., A Securian Financial Company Version 1.4 Underwritten by Madison National Life Insurance Company, Inc. immediately following that 24 month period, LTD Benefits will continue during such confinement, not to exceed the Maximum Benefit Period. Foreign Residency. Payment of LTD Benefits is limited to 6 months for each period of continuous Disability while the Insured resides outside of the United States or Canada. Payment Limit. In no event will the LTD Benefit plus Deductible Income plus Work Earnings exceed 100% of Predisability Earnings. In the event the Insured's LTD Benefit plus Deductible Income plus Work Earnings exceeds 100% of Predisability Earnings, the LTD Benefit will be reduced by the amount in excess of 100% of Predisability Earnings, subject to the Minimum Monthly Benefit. This proposal is a brief description of Long Term Disability insurance for informational purposes only and is subject to the definitions, limitations, and exclusions as provided in the Group Long Term Disability insurance policy GLDI-P200-(12/06) or Certificate GLDI-C200-(12/06). For a copy of these documents, please ask your sales representative. OCHS, INC., A SECURIAN FINANCIAL COMPANY We, City of Eden Prairie, whose main office address in Eden Prairie, MN, hereby approve and accept the terms of the Group Term Life and AD&D policy issued by Ochs, Inc, a Securian Financial Company. We acknowledge that benefits will be provided in accordance with the terms and conditions of the policy, which will be the sole contract under which benefits are paid. City of Eden Prairie ____________________________10/26/2021____ Ron Case, Mayor ____________________________10/26/2021____ Rick Getschow, City Manager CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Housing and Human Services Manager/ Jonathan Stanley ITEM DESCRIPTION: Approve Rehabilitation Deferred Grant Program Agreements for PROP and The PROP Shop using 2021 CDBG Program Income ITEM NO.: VIII.D. Requested Action Move to: Approve the Rehabilitation Deferred Grant Program Agreements between the City of Eden Prairie and PROP and The PROP Shop. Synopsis These Eden Prairie nonprofits serve low/mod income Eden Prairie residents and have requested grants in an amount up to $35,000 each to make upgrades and repairs to their facilities. The current Housing Rehabilitation Loan Program process will be followed for these grants. The CDBG funds to be used are generated from 2021 program income. The expenditure will not take funds from any other program and will assist in the City’s obligation to expend program income in a timely manner. Summary of Improvements Upon approval of the grants, the city inspector will visit the properties to prepare a scope of work of approved projects. Requested improvements include: PROP • Upgrade client/volunteer restroom to make it ADA compliant • Brick work around food shelf door that is leaking and causing water damage • Replace flooring in client intake room • Replace HVAC unit in ceiling The PROP Shop • Replace two HVAC systems • Replace exterior exit door to make it code compliant • Upgrade restroom to make it ADA compliant • Replace radiant heat system with blower furnace in warehouse space Attachments Rehabilitation Deferred Grant Program Agreement PROP Rehabilitation Deferred Grant Program Agreement The PROP Shop CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 26th day of October, 2021, by and between People Reaching Out to Other People, Inc., a Minnesota non-profit corporation having its principal place of business at 14700 Martin Drive, Eden Prairie, Minnesota 55346 (hereinafter referred to as “Recipient”), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the “City”). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the “Real Property” and; WHEREAS, Recipient owns and operates the Real Property for the purpose of providing Eden Prairie residents in need with food and financial assistance and to provide support toward self sufficiency; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Thirty-Five Thousand and no/100 dollars ($35,000.00) as a grant (hereinafter referred to as “the Grant”) for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein, (the “Work”) on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City’s 2 approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disburse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Thirty-Five Thousand and no/100 dollars ($35,000). No payment shall be made for Work completed after March 31, 2022. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within three (3) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient’s Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient’s interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient’s covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the 3 Real Property (the “Lien”), together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient’s repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient’s failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor’s act. 7. City’s Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to file the attached Ex. C with a court of competent jurisdiction in the event of a default as set forth herein. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that 4 may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney’s Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after three (3) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient’s repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. 5 To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Janet Palmer Executive Director People Reaching Out to Other People, Inc. 14700 Martin Drive Eden Prairie, MN 55346 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follow] 6 CITY OF EDEN PRAIRIE By:___________________________________ Ronald A. Case, Mayor By: ___________________________________ Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 26th day of October, 2021, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. ______________________________________ Notary Public 7 People Reaching Out to Other People, Inc. By:____________________________________ Janet Palmer, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ____________, 2021, by Janet Palmer, the Executive Director of People Reaching Out to Other People, Inc., a Minnesota non-profit corporation, on behalf of said corporation. ______________________________________ Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 (612) 338-0755 8 Exhibit A Description of the Real Property Lot 2, Block 1, Edenvale Industrial Park 4th Addition, Hennepin County, Minnesota 9 Exhibit B • Upgrade client/volunteer restroom to make it ADA compliant • Brick work around food shelf door that is leaking and causing water damage • Replace flooring • Replace HVAC unit in ceiling with high efficient RTU 10 Exhibit C Confession of Judgment 11 STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT The City of Eden Prairie, a Minnesota municipal corporation, Plaintiff, vs. People Reaching Out to Other People, a Minnesota non-profit corporation, Defendant. Court File No: _______________ Case Type: Other Contracts CONFESSION OF JUDGMENT The undersigned, People Reaching Out to Other People, a Minnesota non-profit corporation (the “Defendant”), hereby confesses judgment in favor of the City of Eden Prairie, a Minnesota municipal corporation (the “City”), the Plaintiff in the above matter, for the sum of Thirty-Five Thousand and 00/100 Dollars ($35,000.00), less any amounts already paid by the Defendant to the City under the terms of the Rehabilitation Deferral Grant Program Agreement (the “Agreement”), plus attorney’s fees. The sum of $35,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount plus attorney’s fees. Defendant hereby executes this Confession of Judgment pursuant to Minnesota Statutes § 548.22, and as for such purpose, states and agrees as follows: 1. This Confession of Judgment is for a debt due and owing to the City based on the facts set forth herein. 2. The City is a Minnesota municipal corporation. 3. People Reaching Out to Other People, is a Minnesota non-profit corporation with 12 its principal place of business located in Hennepin County, Minnesota. 4. On October 26, 2021 the City and Defendant executed the Agreement whereby the City provided Defendant $35,000.00 for rehabilitation work on certain real property owned by the Defendant and described therein. The purpose of the grant was to pay for work which would improve the conditions relating to the health, safety, and energy efficiency of the real property. 5. The Agreement provided that the Defendant would repay the $35,000.00 to the City if: (a) the subject real property was sold, transferred, or conveyed within 3 years of the date of the Agreement; (b) if the Defendant failed to use the subject real property, for any reason, within 3 years of the date of the Agreement; or (c) if the Defendant ceases operations, for any reason, within 3 years of the date of the Agreement. Upon the occurrence of any of these events Defendant promised to immediately repay $35,000.00, less amounts previously paid, and attorney’s fees, to the City. 6. The Agreement also provided that: (a) a failure to cure a breach of any term or condition in the Agreement, including those set forth above in paragraph 6; (b) an incorrect or misleading representation or warranty made by the Defendant, (c) the adjudication of Defendant as bankrupt by a court of competent jurisdiction, or (d) the filing of a bankruptcy petition or general assignment for the benefit of creditors, constitutes a default of the of the Agreement. In the event of a default, the Defendant promised to immediately repay $35,000.00, less amounts previously paid, and attorney’s fees, to the City. 7. Defendant states that it has reviewed this Confession with counsel, or has had the opportunity to review this Confession with counsel, and that it knowingly executes the same. 13 8. The sum of $35,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount and attorney’s fees, and Defendant hereby confesses judgment for such amount and authorizes entry of judgment against it without further delay, and in favor of the City in said amount. 9. The Court Administrator may enter judgment in favor of the City and against Defendant without further delay. We have executed this Confession of Judgment on the dates set forth opposite our names. Dated: ______________, 2021 People Reaching Out to Other People, a Minnesota non-profit corporation By: __________________________________ Janet Palmer Its: Executive Director 14 VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, Janet Palmer, the Executive Director of People Reaching Out to Other People, being first duly sworn on oath, state that People Reaching Out to Other People is a defendant in the above-named matter, and that I have read the foregoing Confession of Judgment and know the contents thereof, that the same is true of my own knowledge, except for those things stated on information and belief and as to those things I believe them to be true. People Reaching Out to Other People By: ________________________________ Janet Palmer Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Confession of Judgment was signed, verified and acknowledged before me, a Notary Public, on this ______ day of ___________________, 2021 by Janet Palmer, the Executive Director of People Reaching Out to Other People. ____________________________ Notary Public CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 26th day of October, 2021, by and between The PROP Shop of Eden Prairie, a Minnesota non-profit corporation having its principal place of business at 15195 Martin Drive, Eden Prairie, Minnesota 55344 (hereinafter referred to as “Recipient”), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the “City”). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the “Real Property” and; WHEREAS, Recipient is a non-profit corporation that sells donated in-kind contributions to the general public, provides clothing and household items free of charge to families in financial need, and donates excess funds to other exempt organizations that assist low-income households or households suffering temporary financial hardship; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Thirty-Five Thousand and no/100 dollars ($35,000.00) as a grant (hereinafter referred to as “the Grant”) for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein (the “Work”) on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential 2 accessibility improvements to the Real Property. All Work shall be subject to the City’s approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disburse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Thirty-Five Thousand and no/100 dollars ($35,000). No payment shall be made for Work completed after March 31, 2022. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within three (3) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient’s Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient’s interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient’s covenant and obligation for repayment as herein 3 provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property (the “Lien”), together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient’s repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient’s failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor’s act. 7. City’s Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to file the attached Ex. C with a court of competent jurisdiction in the event of a default as set forth herein. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota Statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or 4 appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney’s Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after three (3) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient’s repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. 5 To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Cindy Eddy Executive Director The PROP Shop of Eden Prairie 15195 Martin Drive Eden Prairie, MN 55344 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 6 CITY OF EDEN PRAIRIE By:___________________________________ Ronald A. Case, Mayor By: ___________________________________ Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2021, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. ______________________________________ Notary Public 7 The PROP Shop of Eden Prairie By:____________________________________ Cindy Eddy, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ____________, 2021, by Cindy Eddy, the Executive Director of The PROP Shop of Eden Prairie, a Minnesota non-profit corporation, on behalf of said corporation. ______________________________________ Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 (612) 338-0755 8 Exhibit A Description of the Real Property Lot 1, Block 1, Edenvale Industrial Park 9th Addition, Hennepin County, Minnesota 9 Exhibit B • Replace two HVAC systems • Replace exterior exit door to make it code compliant • Upgrade restroom to make it ADA compliant • Replace radiant heat system with blower furnace in warehouse space 10 Exhibit C Confession of Judgment 11 STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT The City of Eden Prairie, a Minnesota municipal corporation, Plaintiff, vs. The PROP Shop of Eden Prairie, a Minnesota non-profit corporation, Defendant. Court File No: _______________ Case Type: Other Contracts CONFESSION OF JUDGMENT The undersigned, The PROP Shop of Eden Prairie, a Minnesota non-profit corporation (the “Defendant”), hereby confesses judgment in favor of the City of Eden Prairie, a Minnesota municipal corporation (the “City”), the Plaintiff in the above matter, for the sum of Thirty-Five Thousand and 00/100 Dollars ($35,000.00), less any amounts already paid by the Defendant to the City under the terms of the Rehabilitation Deferral Grant Program Agreement (the “Agreement”), plus attorney’s fees. The sum of $35,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount plus attorney’s fees. Defendant hereby executes this Confession of Judgment pursuant to Minnesota Statutes § 548.22, and as for such purpose, states and agrees as follows: 1. This Confession of Judgment is for a debt due and owing to the City based on the facts set forth herein. 2. The City is a Minnesota municipal corporation. 3. The PROP Shop of Eden Prairie is a Minnesota non-profit corporation with its 12 principal place of business located in Hennepin County, Minnesota. 4. On October 26, 2021, the City and Defendant executed the Agreement whereby the City provided Defendant $35,000.00 for rehabilitation work on certain real property owned by the Defendant and described therein. The purpose of the grant was to pay for work which would improve the conditions relating to the health, safety, and energy efficiency of the real property. 5. The Agreement provided that the Defendant would repay the $35,000.00 to the City if: (a) the subject real property was sold, transferred, or conveyed within 3 years of the date of the Agreement; (b) if the Defendant failed to use the subject real property, for any reason, within 3 years of the date of the Agreement; or (c) if the Defendant ceases operations, for any reason, within 3 years of the date of the Agreement. Upon the occurrence of any of these events Defendant promised to immediately repay $35,000.00, less amounts previously paid, and attorney’s fees, to the City. 6. The Agreement also provided that: (a) a failure to cure a breach of any term or condition in the Agreement, including those set forth above in paragraph 6; (b) an incorrect or misleading representation or warranty made by the Defendant, (c) the adjudication of Defendant as bankrupt by a court of competent jurisdiction, or (d) the filing of a bankruptcy petition or general assignment for the benefit of creditors, constitutes a default of the of the Agreement. In the event of a default, the Defendant promised to immediately repay $35,000.00, less amounts previously paid, and attorney’s fees, to the City. 7. Defendant states that it has reviewed this Confession with counsel, or has had the opportunity to review this Confession with counsel, and that it knowingly executes the same. 13 8. The sum of $35,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount and attorney’s fees, and Defendant hereby confesses judgment for such amount and authorizes entry of judgment against it without further delay, and in favor of the City in said amount. 9. The Court Administrator may enter judgment in favor of the City and against Defendant without further delay. We have executed this Confession of Judgment on the dates set forth opposite our names. Dated: ______________, 2021 The PROP Shop of Eden Prairie, a Minnesota non-profit corporation By: __________________________________ Cindy Eddy Its: Executive Director 14 VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, Cindy Eddy, the Executive Director of The PROP Shop of Eden Prairie, being first duly sworn on oath, state that The PROP Shop of Eden Prairie is a defendant in the above-named matter, and that I have read the foregoing Confession of Judgment and know the contents thereof, that the same is true of my own knowledge, except for those things stated on information and belief and as to those things I believe them to be true. The PROP Shop of Eden Prairie By: ________________________________ Cindy Eddy Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Confession of Judgment was signed, verified and acknowledged before me, a Notary Public, on this ______ day of ___________________, 2021 by Cindy Eddy, the Executive Director of The PROP Shop of Eden Prairie. ____________________________ Notary Public CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT / DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Resolution Amending Resolution No. 2021-75 regarding Special Assessment Public Hearing Date ITEM NO.: VIII.E. Requested Action Move to: Adopt resolution amending Resolution No. 2021-75 Synopsis At its meeting on September 21, 2021, the Council adopted Resolution No. 2021-75, setting a hearing date of October 19, 2021 for the public hearing on 2021 special assessments. The October 19, 2021 meeting was subsequently rescheduled to October 26, 2021. Staff provided published notice and mailed notice of the hearing to be held on October 26, 2021. The intent of this amended resolution to reflect the Council’s approval of the rescheduled hearing date and affirm and ratify actions of staff in notifying the public and property owners of the correct hearing date. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- RESOLUTION AMENDING RESOLUTION NO. 2021-75 WHEREAS, at its meeting on September 21, 2021, the Council adopted Resolution No. 2021-75, which declared costs to be assessed, ordered preparation of the 2021 special assessment roll, set a public hearing date on the proposed assessments of October 19, 2021, and directed the City Clerk to provide published and mailed notice of the hearing date; WHEREAS, the October 19, 2021 meeting was subsequently rescheduled to October 26, 2021; WHEREAS, the City Clerk prepared the 2021 assessment roll as ordered by the Council; WHEREAS, on October 7, 2021, the City Clerk published notice of the hearing on the proposed assessments for the October 26, 2021 hearing date in the official newspaper of the City; and WHEREAS, the mailed notice to the owner of record of each parcel described in the assessment roll provided notice of the October 26, 2021 hearing date. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. Paragraph 3 of Resolution No. 2021-75 is hereby amended to reflect a hearing date of October 26, 2021. 2. The actions of the City Clerk in publishing notice of the October 26, 2021 hearing date in the official newspaper of the City and providing mailed notice to affected property owners informing them of the October 26, 2021 hearing are hereby ratified and affirmed. ADOPTED by the Eden Prairie City Council on October 26, 2021. Ronald A. Case, Mayor ATTEST: SEAL Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE October 26, 2021 DEPARTMENT/DIVISION Carter Schulze Public Works / Engineering ITEM DESCRIPTION #21822 Approve Professional Services Agreement with SRF Consulting Group for the TH 5 & CSAH 4 Small Area Transportation Plan ITEM NO. VIII.F. Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for the TH 5 and CSAH 4 Small Area Transportation Plan. Synopsis This Professional Services Agreement will provide issue and need identification, visioning, concept development and evaluation as well as community engagement and implementation planning for the small triangular area bordered by TH 5 to the north, Eden Prairie Road (CSAH 4) to the west and US Highway 212 along the southeast. Background Information In connection with the Aspire Eden Prairie 2040 Comprehensive Plan Update and the 2040 Transportation Plan, this small area was identified to be studied further in anticipation of redevelopment and the goal to work with MnDOT and Hennepin County on operations and accessibility throughout this area. Since the comprehensive plan update, many developments have been completed or are in process in this area and the multi-modal transportation needs and expectations of the community have evolved. This small area transportation study will be phased with the needs identification and visioning taking place in the first two phases. These two phases include data collection as well as organizing a review committee that will include MnDOT, County and City representatives. It is anticipated that the findings and vision concepts identified in these initial phases would be shared with City Council. Phase 3, which staff is including now in this overall agreement scope, will occur if determined by the City to be needed. This phase would go deeper into the concepts as well as engage property owners in the area for feedback opportunities. Once completed, this small area transportation plan will establish the transportation vision and preservation policy for the area. Financial Implications The Professional Services Agreement with SRF has a not to exceed cost of $125,000. The transportation fund is the identified source of funding. Attachment Professional Services Agreement 2017 06 01 TH5 & CSAH4 Small Area Transportation plan Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the 26th day of October, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ____ SRF Consulting Group, Inc.__ (“Consultant”), a Minnesota corporation (hereinafter "Consultant") whose business address is _ 3701 Wayzata Blvd, Suite 100 Minneapolis, MN 55416-3791__. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the TH 5 and Eden Prairie Road (CSAH 4) Small Area Transportation Plan hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (SRF Proposal Letter dated October 15, 2021) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from October 26, 2021 through September 30, 2022 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $125,000.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. TH5 & CSAH4 Small Area Transportation Plan Page 2 of 10 2017 06 01 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant 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 Consultant shall provide an itemized listing and such documentation as reasonably required by TH5 & CSAH4 Small Area Transportation Plan Page 3 of 10 2017 06 01 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. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written TH5 & CSAH4 Small Area Transportation Plan Page 4 of 10 2017 06 01 consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must ensure that the City is listed as an additional insured on insurance required from subcontractors. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate TH5 & CSAH4 Small Area Transportation Plan Page 5 of 10 2017 06 01 $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a “per location” basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional TH5 & CSAH4 Small Area Transportation Plan Page 6 of 10 2017 06 01 Liability policy shall provide coverage to the Consultant for all damages and costs incurred by the City arising out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the TH5 & CSAH4 Small Area Transportation Plan Page 7 of 10 2017 06 01 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for TH5 & CSAH4 Small Area Transportation Plan Page 8 of 10 2017 06 01 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 Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter TH5 & CSAH4 Small Area Transportation Plan Page 9 of 10 2017 06 01 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to TH5 & CSAH4 Small Area Transportation Plan Page 10 of 10 2017 06 01 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 Consultant 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 Consultant 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 Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this 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 CONSULTANT SRF Consulting Group, Inc. By: Its: www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer SRF No. 14713.PP October 15, 2021 EXHIBIT A Rod Rue, P.E., City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Subject: Proposal for Professional Services for: TH 5 and Eden Prairie Road (CSAH 4) Small Area Transportation Plan Dear Rod: Based on your request, SRF Consulting Group (SRF) is pleased to submit this proposal to provide professional services to conduct a small area transportation plan surrounding the intersection of Trunk Highway 5 (TH 5) and Eden Prairie Road, also known as County State Aid Highway 4 (CSAH 4). The study area is illustrated in Attachment A. As part of public engagement activities conducted for the City’s Transportation Plan completed in 2018, the TH 5 and Eden Prairie Road (CSAH 4) intersection was identified as an area requiring additional analysis. Recent development activity and interest in this area has spurred the need to further quantify current operations and issues, as well as to identify and evaluate potential changes to area land use and the transportation network to ensure a safe and efficient transportation network for all users. Once completed, the small area transportation plan will establish the transportation vision and preservation policy for the area. Scope of Services We propose to carry out the services described as follows. The scope of services was separated into three distinct study phases. Phase 1 – Issue and Need Identification 1) Review City and County planning documents (i.e., the comprehensive and transportation plans) to understand data and plans related to the study area. 2) Obtain available data to establish existing and future conditions within the study area. Data is expected to include the following key items, which will be summarized graphically in a GIS mapping format and used during various study phases as noted. a) Land use (existing and future) – Phase 1 b) Traffic, pedestrian, and bicyclist volumes (intersection and ADT volumes) – Phase 1 c) Travel patterns (using the MnDOT’s access to StreetLight data) – Phase 1 d) Crash history (using MnCMAT2) – Phase 1 e) Existing and planned multimodal facilities (sidewalks, trails, etc.) – Phase 1 f) Demographics – Phase 2 g) Topography (Lidar) – Phase 2 h) Environmental Resources – Phase 2 i) Agency guidelines and design standards – Phase 2 j) Existing Right-of-way files (if available) – Phase 2 Rod Rue, City Engineer October 15, 2021 City of Eden Prairie Page 2 3) Collect traffic data using a combination of video cameras, MnDOT’s Automatic Traffic Recorder, and MnDOT’s access to StreetLight data. The data will be compared against one another and validated to ensure each source is reasonable. Data is expected to include intersection turning movement counts, average daily traffic volumes, travel patterns, vehicular speeds, and seasonal variations. Cameras will be set at up to 12 locations, including: · TH 5 / Heritage Road · CSAH 4 / Wagner Way · TH 5 / Carnelian Lane · CSAH 4 / Terrey Pine Drive · TH 5 / CSAH 4 · CSAH 4 / Timber Lake Drive · TH 5 / Fuller Road · CSAH 4 / Lincoln Lane · CSAH 4 / Luther Way · CSAH 4 / Glory Lane · CSAH 4 / Sheldon Avenue · CSAH 4 / E Miller Parkway 4) Utilize the traffic forecasts from the City’s Transportation Plan update to develop daily forecasts, which will be used to identify future peak hour traffic volumes at the study intersections. As part of this task, we will coordinate with planning staff to understand potential land use changes, such as known new developments (i.e., approved, under construction, or in the entitlement process) in the area that should be considered as part of the forecast development process. 5) Complete an intersection capacity analysis using a combination of the Highway Capacity Manual and Synchro/SimTraffic software at up to 12-intersections within the study area. This analysis will be conducted under existing and future year 2040 no build conditions (i.e., no changes to the transportation network are assumed as part of this task). One (1) sensitivity test will be included as part of this task to understand impacts associated with various land use or potential long-term COVID transportation impacts. 6) Conduct a preliminary crash analysis within the study area and at key intersections to identify trends and hotspots. Detailed crash and severity rates will be developed and compared to roadways and intersections with similar characteristics. No future crash predictions are included in this task. 7) Develop a Study Review Committee (SRC) comprised of City, County, and MnDOT staff and prepare for and attend up to two (2) meetings during the first phase of the study process (kickoff and findings review). This task assumes two (2) SRF staff will attend each meeting and SRF will prepare all materials/minutes. 8) Document the issues/needs identified in a technical operations summary. This document will be shared with the SRC and revised as appropriate. This document will be leveraged to determine if the visioning, concept development, and evaluation phases of the study should move forward. 9) Provide day-to-day project management, administration, and quality control, as well as general coordination with project staff. Phase 2 – Visioning, Concept Development, and Evaluation 1) Prepare for and attend up to two (2) SRC meetings during the second phase of the study process. These meetings would include a visioning/evaluation criteria development process, as well as an alternative/evaluation review meeting. This task assumes two (2) SRF staff will attend each meeting and SRF will prepare all materials/minutes. 2) Conduct a visioning process to understand key goals, objectives, and desired outcomes for various stakeholders. The visioning will help identify evaluation criteria and priorities. This process is Rod Rue, City Engineer October 15, 2021 City of Eden Prairie Page 3 expected to occur as part of the first SRC meeting under Phase 2. The visioning process is expected to focus on technical and planning staff; individual businesses, residents, elected officials, and/or advocacy groups are not expected to be included as part of this process. 3) Develop a range of transportation improvement concepts to address the identified issues and needs within the study area. Concepts are expected to include new roadways, access modifications, various roadway cross-sections, bike/ped accommodations and intersection improvements (turn lanes and traffic controls). Concepts will be of sufficient detail to understand approximate impacts to right-of-way and reasonable cost estimates. Focus will be on improving connectivity in the Platinum Triangle area, but may include other infrastructure to support the desired vision: a) New roadways (i.e., to improve connectivity in the Platinum Triangle) b) Traffic control modifications (signal timing/phasing/infrastructure) c) Geometric improvements (turn lanes, through lanes, etc.) d) Multimodal improvements (type, location, at-grade versus grade-separated, etc.) e) Access modifications f) Grade Separations (overpasses, interchanges) 4) Evaluate the concepts developed to understand benefits, impacts, and compatibility with the study area vision. This process will include various evaluation criteria, including performance measures (mobility and safety), social, environmental, and economic (SEE) impacts, and preliminary costs. This evaluation will be summarized in an evaluation matrix. 5) Document the visioning, concept development, and evaluation process in a technical operations summary. This document will be shared with the SRC and revised as appropriate. This document will be leveraged to determine if the further concept refinement and community engagement (as part of Phase 3) should move forward. Phase 3 – Community Engagement and Implementation Planning (Requires separate approval/authorization) The Phase 3 tasks are offered for reference and not included as part of this agreement. Further discussion with project partners would be needed to refine the following approach. 1) Prepare and execute a public participation plan (PPP) to solicit input from key stakeholders. The PPP is expected to include the following sub-tasks. a) Prepare for and facilitate up to two (2) public open houses. The first open house will focus on study goals, issues, and priorities. The second open house will allow the public to provide feedback on the alternatives. b) Prepare for and facilitate two rounds of focus group meetings with key stakeholders, such as local businesses, the school district/youth, and/or bike/ped/accessibility advocates/groups. One round will focus on existing issues and priorities and the second round will focus on reviewing alternatives. c) Prepare for and attend up to two (2) pop-up events and/or targeted outreach at key community locations. d) Develop up to two (2) digital study newsletters that will be sent out to the study contact list. e) Prepare for and attend up to ten (10) individual business/stakeholder discussions to get necessary feedback regarding key areas, issues, and concepts. 2) Prepare for and attend up to two (2) SRC meetings during the third phase of the study process. These meetings would include a review of the public participation plan and implementation/ Rod Rue, City Engineer October 15, 2021 City of Eden Prairie Page 4 funding strategy discussion. This task assumes two (2) SRF staff will attend each meeting and SRF will prepare all materials/minutes. 3) Refine the remaining concepts for public participation purposes based on feedback from the SRC. 4) Develop an implementation plan outlining potential project sequencing and funding in coordination with the SRC. Projects will be prioritized as short-, mid-, and long-term needs and include a cost-adjusted estimate to help identify future funding needs. 5) Complete a grant feasibility study for the proposed improvements. This will include analyzing data that was collected as part of the technical analysis and comparing this to potential known grant opportunities (i.e., US DOT’s RAISE and INFRA grants and Metropolitan Councils’ Regional Solicitation grants). 6) Prepare for and attend one (1) City Council work session to share study findings and recommendation. 7) Prepare a draft small area transportation plan report documenting the assumptions, methodology, and findings. Make revisions as necessary based on City, County, and MnDOT review and prepare a final report for approval/acceptance. This report will include all engagement activities and public comment. Assumptions Based on preliminary discussions with City staff, the following general assumptions were used to tailor the scope of services contained herein: 1) The study area is detailed in Attachment A. 2) Traffic forecasts previously developed as part of the 2018 Transportation Plan update will be leveraged to develop future turning movement counts at study intersections. One (1) sensitivity test will be completed to understand impacts associated with various land use or potential long- term COVID transportation impacts. 3) The Social Environmental and Economic (SEE) scan will be completed utilizing available desktop resources including aerial photography, geographic information systems (GIS), local and regional planning documents, and other available resources. 4) Transportation improvement concepts will focus on local system alternatives, including new roadways (e.g. frontage or backage roads) to the Platinum Triangle area. Additional concepts may include improvements along TH 5 and at intersections with CSAH 4 and Fuller Road/Venture Lane. Potential infrastructure may include geometric improvements, traffic control modifications, multimodal improvements, and access changes. 5) Up to two (2) grade-separated concepts may be developed for purposes of identifying potential impacts, tie-down locations, and construction limits. A complete interchange concept development or evaluation process is not included in this scope of services. Schedule The first phase of the study is expected to take approximately four (4) months to complete, while the second phase of the study is expected to take approximately six (6) months. Further discussion on the Rod Rue, City Engineer October 15, 2021 City of Eden Prairie Page 5 timeline of Phase 3 would need to be determined. The following preliminary schedule was developed based on the scope of services and an understanding that new data collection is desired, which would be expected to occur in November when school is in session. Study Phase/Task 2021 2022 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Phase 1 – Issue and Need Identification * * Phase 2 – Concept Development and Evaluation * * * Study Review Committee (SRC) Meeting Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, video processing, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 35 days. Based on our understanding of the project and our scope of services, the cost of our services is not to exceed $85,000. This includes Phases 1 and 2 but does not include Phase 3. A breakdown of each phase is identified below. Note that the estimated fee for Phase 3 is provided for future planning purposes only. · Phase 1 – Issue and Need Identification: $35,000 · Phase 2 – Visioning, Concept Development, and Evaluation: $50,000 · Phase 3 (if requested) – Engagement and Implementation: $40,000 It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Rod Rue, City Engineer October 15, 2021 City of Eden Prairie Page 6 We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Joshua Maus, PE (MN) Brent Clark, PE (MN SD) Principal Senior Engineer Attachment A – TH 5/CSAH 4 Subarea Location Map This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S:\Marketing\Proposals\2021 Letter Proposals\14713.PP CSAH 4-Hwy 5 Subarea Study\14713.PP_TH5_EdenPrairieRoad_SmallAreaPlan_Proposal_211015.docx Attachment A – TH 5/CSAH 4 Subarea Location Map CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT / DIVISION: Public Works Gerald Byington / Fleet Services ITEM DESCRIPTION: 2022 Vehicle & Equipment Replacement Fund Schedule ITEM NO.: VIII.G. Requested Action Move to: Authorize, contingent upon 2022 budget approvals, the 2022 purchase of replacement vehicles and equipment as itemized on the attached Schedules and approve the early ordering of two Dodge Durango squad cars and one Class 5/6 electric truck chassis. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule to determine the spending amount that is included for approval in the operating budget. Staff has finalized the details of each replacement/purchase, including testing the vehicles against our replacement policy guidelines. The final list is attached and submitted for approval. The planned Fleet Capital Internal Service Fund purchase expenditures for 2022 are $1,854,230. The planned Utilities Enterprise Fund purchase expenditures for 2022 are $120,919.60. Staff is also requesting authorization to early order the two (2) Dodge Durango squad cars and one Class 5/6 Electric truck chassis as these three vehicles have an extremely long lead time to ensure delivery in 2022. A total of eight all electric vehicles are included in the 2022 purchase list. • One 2022 class 5/6 electric truck chassis for Parks Maintenance for replacement of the refuse truck. • One 2022 Mustang E full electric SUV for police use. • Four 2022 Chevy Bolt electric utility vehicles • Two 2022 Ford Transit Connect electric vans The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. Attachment 2022 Replacement Vehicle and Equipment Purchase Lists TO: Robert Ellis FROM: Gerald Byington DATE: October 15, 2021 SUBJECT: 2022 Replacement Vehicle & Equipment Purchases—Fleet Capital Internal Service Fund Here is the list of replacement vehicles and equipment for calendar year 2022 funded through the Fleet Capital Internal Service Fund. This list includes 8 full electric vehicles. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Replacement Total Cost Street Division 120 ¾ - Ton 4X4 Ext. Cab Long Box Pickup with Plow & Lift gate $44,500.00 123 ¾ - Ton 4X4 Ext. Cab Long Box Pickup with Plow & Lift gate $44,500.00 124 ¾ - Ton 4X4 Reg. Cab Long Box Pickup with Plow $39,849.00 127 ¾ - Ton 4X4 Ext. Cab Long Box Pickup with Plow $39,849.00 137 ¾ - Ton 4X4 Crew Cab Short Box Pickup with Plow $39,849.00 155 ¾ - Ton 4X4 Reg. Cab Long Box Pickup with Plow $39,849.00 160 114SD 6X4 Tandem Axle Dump $225,247.00 178 M2-106 Freightliner Single Axle Dump $214,000.00 189 M2-106 with Water Tank $200,000.00 Sub Total $887,643.00 Park Maint. 412 John Deere Pro Gator 2020 $40,000.00 459 3/4 Ton 2500HD Regular cab 4x4 with plow $39,849.00 498 Toro 7210 With cab and snow blower $47,000.00 Electric Truck Chassis for Packer Replacement (2023) $355,347.00 Sub Total $482,196.00 Facilities 511 E Transit 350 Medium Roof 130” WB Cargo $49,512.99 516 E Transit 350 Medium Roof 148” WB Cargo $50,612.99 Sub Total $100,125.98 Fire & Insp. 353 Chevrolet Tahoe 4X4 Pursuit $43,000.00 Police 222 Chevrolet Tahoe 4X4 Pursuit $43,000.00 224 Durango Pursuit 4X4 $40,500.00 Service Area Replacement Total Cost Police 225 Mustang Mach E AWD Electric $46,266.00 240 Durango Pursuit 4X4 $40,500.00 254 Ford Utility Hybrid $42,000.00 277 Bolt EUV Electric $35,000.00 280 GMC Terrain $32,000.00 294 Bolt EUV Electric $35,000.00 295 Bolt EUV Electric $35,000.00 Sub Total $349,266.00 Engineering 452 Bolt EUV Electric $35,000.00 Sub Total $1,854,230.98 Less salvage value $250,000.00 Total Equipment Fund $1,604,230.98 TO: Robert Ellis FROM: Gerald Byington DATE: October 15, 2020 SUBJECT: 2022 Replacement Vehicle & Equipment Purchases—Utilities Enterprise Fund (Water, Sewer, Storm) Here is the list of replacement vehicles and equipment for calendar year 2022 funded through the Utilities Enterprise Fund. This includes 1 full electric vehicle. These costs include vehicle set- up, special equipment, lighting and taxes: Service Area Replacement Total Cost Water/Utility 705 Chevrolet Bolt EV $33,059.60 715 Chevrolet 2500HD Extended Cab With Plow $46,500.00 742 Ford F550 Truck Dump 1 Ton $68,000.00 Sub Total $147,559.60 Less salvage value $26,640.00 Total Equipment Fund $120,919.60 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Carter Schulze Public Works/Engineering ITEM DESCRIPTION: I.C. #21807 Award Contract for Neill Lake Marsh Berm Repairs to BKJ Land Co. ITEM NO. VIII.H. Requested Action Move to: Award contract for Neill Lake Marsh Berm Repairs in the amount of $77,270.00 to BKJ Land Co. Synopsis Quotes were received by Monday, October 18, 2021, for the Neill Lake Marsh Berm Repair project. Three quotes were received and included two alternatives. One for using City supplied fill material (Alt A) and one for contractor supplied fill material (Alt B). The results were as follows: Contractor Alternative A Alternative B BKJ Land Co. $77,270.00 $79,820.00 Sunram Construction, Inc. $133,540.00 $146,290.00 Pember Companies, Inc. $133,765.00 $166,490.00 The engineer’s estimates were $75,100 for Alternative A and $87,850 for Alternative B. Background Information The Neill Lake Marsh Berm separates Neill Lake Marsh from the Olympic Hills Golf Course ponds. This Neill Lake area consist of a large complex stormwater system and includes storm pipes within the golf course and this berm. Together, they work to keep the two water resources at different normal elevations. Over the years the original berm has settled leaving almost no barrier between the two separate water bodies. This contract will provide for re-establishing the designed height of the berm. This project is anticipated to be phased over the fall, winter and next spring. Staff recommends awarding the contract to BKJ Land Co. Attachment Contract FC-1 FORM OF CONTRACT THIS AGREEMENT, made and executed this 26th day of October 2021, by and between City of Eden Prairie hereinafter referred to as the "CITY", and BKJ Land Co. hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. _21807 Neill Lake Marsh Berm Repairs 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 $_77,270.00__. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Accepted Proposal b. Contract Agreement (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 FC-2 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, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: BKJ Land Co. By Title And Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Contract with Metering Technology Solutions, Inc. for New Cellular AMI Water Meters ITEM NO.: VIII.I. Requested Action Move to: Approve Contract with Metering Technology Solutions, Inc. in the amount of $4,494,330 for New Cellular AMI Water Meters, and to approve the monthly cellular service fees in the amount of 65-cents per meter for an approximate aggregate cost of $2,527,200 for the 20-year life of the meter system. Synopsis Eden Prairie Utilities advertised for bids for the supply of water meters and associated component parts for the residential phase of the City’s water meter upgrade plan. Bids were opened on September 20, 2021 and the bid tabulation is attached. Five Bidders requested copies of the specifications, however four of them declined to offer a bid. Metering Technology Solutions of Eagan, Minnesota provided a bid for a system that met 100% of the evaluation criteria at a very competitive cost. Staff recommends acceptance of their bid. Background Information Eden Prairie’s water meters at residential and commercial locations were last installed in the late 1990s/early 2000s, and the batteries powering the transmitters are becoming too weak to reliably broadcast billing information to our remote data collection system. Following the installation of approximately 1,400 water meters during the City’s pilot project earlier this year, specifications for both the material and the installation effort were refined and published for the remainder of the City’s residential water meter systems. This contract is for the supply of the water meter components and the monthly cellular service for approximately 16,200 metering systems to be installed by a separate firm. This purchase of these water meter systems was planned-for and included in the water utility Capital Improvement Plan and will be funded through the sale of water revenue bonds. The monthly service fees will be paid from the utility operating budget. Attachments Contract Bid Tabulation CITY OF EDEN PRAIRIE PUBLIC WORKS UTILITIES DIVISION BID OPENING: 10:00 AM, SEPTEMBER 20, 2021 BIDDER NAME Metering Technology Solutions (MTS)Core & Main Dakota Supply Group Ferguson Waterworks Win Waterworks ACKNOWLEDGEMENT OF ADDENDUM YES Declined to Bid Declined to Bid Declined to Bid Declined to Bid RESPONSIBLE CONTRACTOR FORM?YES BID BOND RECEIVED?YES CERTIFICATE OF INSURANCE?YES WATER METER 5/8-INCH 624,000$ WATER METER 5/8 PRESSURE RECORDING 26,000$ WATER METER 1-INCH 532,000$ WATER METER 1-INCH PRESSURE RECORDING 24,000$ WATER METER 1-1/2 INCH 37,320$ WATER METER 2-INCH 21,200$ ENCODER 5/8-INCH 852,000$ ENCODER 1-INCH 284,000$ ENCODER 1-1/2 INCH 2,840$ ENCODER 2-INCH 1,420$ ENDPOINT 2,057,400$ HEAD END SYSTEM 20,000$ HARDWARE 12,150$ TOTAL OF ALL BIDS 4,494,330.00$ -$ -$ -$ -$ Provided for Referrence Only:PRICE/MONTH PRICE/24-MONTHS PRICE/20-YEARS CELLULAR SERVICE (MTS) - 0.65$ 252,720$ 2,527,200$ CELLULAR SERVICE (Core & Main) - CELLULAR SERVICE (Dakota Supply Group - CELLULAR SERVICE (Ferguson Waterworks) - CELLULAR SERVICE (Win Waterworks) - BID TABULATION CELLULAR AMI WATER METER SYSTEMS I.C. 157060 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Construction Contract with HydroCorp, Inc., for the Removal and Reinstallation of New Cellular AMI Water Meters ITEM NO.: VIII.J. Requested Action Move to: Approve Construction Contract with HydroCorp, Inc. in the amount of $1,392,288 for the Removal and Reinstallation of New Cellular AMI Water Meters, for conducting water safety surveys at each location, and for conducting meter inventories and cross-connection surveys at all non-residential water customer locations. Synopsis Eden Prairie Utilities advertised for bids for the installation of water meters for the residential phase of the City’s water meter upgrade plan. Bids were opened on September 20, 2021 and the bid tabulation is attached. One contractor submitted a bid. HydroCorp is thoroughly qualified to perform the work and provided a very competitive bid. Staff recommends approval of the attached installation contract with HydroCorp, Inc. Background Information Eden Prairie’s water meters at residential and commercial locations were last installed in the late 1990s/early 2000s, and the batteries powering the transmitters are becoming too weak to reliably broadcast billing information to our remote data collection system. Following the installation of approximately 1,400 water meters during the City’s pilot project earlier this year, specifications for both the material and the installation effort were refined and published for the remainder of the City’s residential water meter systems. This contract is with a firm that specializes in public notification, providing customer education, scheduling appointments, and performing meter replacements and cross connection surveys, all of which are crucial to the success of this plan. This project was included in the water utility Capital Improvement Plan and will be funded through the sale of water revenue bonds. Attachments Contract Bid Tabulation CITY OF EDEN PRAIRIE PUBLIC WORKSUTILITIES DIVISIONBID OPENING:10:00 AM, SEPTEMBER 20, 2021BIDDER NAMEHydroCorp, Inc.ACKNOWLEDGEMENT OF ADDENDUMYESRESPONSIBLE CONTRACTOR FORM?YESBID BOND RECEIVED?YESCERTIFICATE OF INSURANCE?YESBASE BID ‐ METER REPLACEMENT1,053,000$ BID ALTERNATE A 8,700$ BID ALTERNATE B BACKFLOW PREVENTION SURVEY219,996$ WATER SOFTENER CROSS‐CONNECTION‐$ SUMP PUMP CROSS CONNECTION‐$ BID ALTERNATE C100,392$ BID ALTERNATE D10,200$ BID ALTERNATE E‐$ TOTAL OF ALL BIDS1,392,288$ Explanation of AlternatesBid Alternate A: Encoder & Endpoint Replacement OnlyBid Alternate B: Residential Cross Connection Surveys (Includes the work listed below this bid alternate)Bid Alternate C: Non‐residential Meter Inventory & Cross Connection SurveysBid Alternate D: Additional LettersBid Alternate E: Salvage of Old, Removed Water MetersREMOVAL AND REPLACEMENT OF RESIDENTIAL WATER METERSI.C. 157060BID TABULATION CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Groundwater Conservation Cost Share Funding Agreement with the Nine Mile Creek Watershed District ITEM NO.: VIII.K. Requested Action Move to: Approve a Cost Share Agreement with Nine Mile Creek Watershed District in the amount of $24,890 to study and identify specific water conserving practices among the top 100 municipal water users within the watershed district boundaries and to meet with and make water and cost saving recommendations to 20 of these water users. Synopsis The attached Grant Funding Agreement with the Nine Mile Creek Watershed District authorizes the acceptance of $24,890 to be used for improving the City’s water conservation practices within the district boundaries. The City will apply this grant money towards the cost of performing desktop assessments of the top 100 water users, quantifying past water use, communicating with and making recommendations for water conservation efforts among specific water users, sharing anticipated cost savings with these customers, and the preparation of a technical report of the project outcomes. The City’s cost share will be $2,830 in labor and materials for a total project cost of $27,720. Background Information The Nine Mile Creek Watershed District made grant money available to watershed partners to assist them with identifying opportunities for improved conservation of groundwater resources. Our staff has just as importantly decided to include in the project scope the promise to meet-with and explain these conservation practices with high water users who would be able to implement the water efficiency practices. The City of Eden Prairie obtained tentative approval from the watershed district for a project that would involve looking at water use of our own municipal water users within the watershed’s boundaries, comparing that water use in a case-by-case basis against known conservation methodologies, and then assisting as many customers as the grant proceeds will fund to understand their own potential savings in both water use and costs, in the hopes we can facilitate a positive reduction in groundwater consumption. This grant agreement is the formalization of the partnership project with Nine Mile Creek Watershed District. Attachment Grant Agreement NMCWD 9-21 Groundwater Program Agreement 1 NINE MILE CREEK WATERSHED DISTRICT GROUNDWATER CONSERVATION COST SHARE GRANT FUNDING AGREEMENT Cost Share Agreement between NINE MILE CREEK WATERSHED DISTRICT and the City of Eden Prairie The parties to this cost share agreement are the Nine Mile Creek Watershed District (“NMCWD”), a public body with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D, and the City of Eden Prairie (“CITY”), a body corporate and politic and a statutory city under the laws of the State of Minnesota. The purpose of this agreement is to provide for contribution by NMCWD to a water- conservation review of the drinking-water system within the NMCWD in the CITY. NMCWD has determined the amount of funding that it will contribute to the implementation of activities on the basis of the groundwater conservation, public education and demonstration benefits that will be realized. NMCWD commits to reimburse CITY in accordance with the terms and on satisfaction of the conditions of this agreement. 1. Scope of Work CITY will conduct desktop assessments to determine the largest 100 drinking-water customers located within the Nine Mile Creek Watershed District boundaries; prepare information for each of these customers that includes a summary of past water use; identify customer contacts to send the information to; set up appointments to meet with up to 20 customers to review existing equipment, operations and landscaping to assist in identifying water-conservation opportunities and potential ideas for cost savings; and prepare follow- up communications with a list of recommended modifications along with potential estimated cost savings for each recommendation (the “Project”). CITY will conduct the Project in accordance with the work plan and budget attached to and incorporated into this agreement as Exhibit A. CITY is responsible for complying with all laws, including laws requiring location of buried utilities prior to land disturbance. CITY will submit to NMCWD at least one report that includes a narrative describing the implementation of activities of the Project that includes, but is not limited to, a listing of the top 100 drinking-water users in the NMCWD and outcomes of meetings with top users and a description of and receipts documenting eligible costs incurred including in-kind contributions (altogether, “Project Report”). A final Project Report must be submitted to NMCWD within 60 days of completion of the Project. CITY must maintain a copy of Project records for six years from the date CITY completes the Project. NMCWD may examine, audit or copy any such records on reasonable notice to CITY. 2. Contractor CITY will select a contractor or contractors for the Project or implement the Project itself, and will ensure implementation of the Project in accordance with Exhibit A. In contracting for the Project, CITY will ensure NMCWD 9-21 Groundwater Program Agreement 2 that no person is excluded from full employment rights or participation in or benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public-assistance status or national origin, and that no person protected by applicable federal or state laws, rules or regulations against discrimination is subject to discrimination. 3. Reimbursement On receipt and approval by NMCWD of the final Project Report described in paragraph 1 and accompanying required documentation (including but not limited to documentation of costs), NMCWD will reimburse CITY ninety (90) percent of CITY’s eligible Project costs. Reimbursement under this agreement will not exceed a total of $24,890.00. CITY’s staff costs will not be reimbursed, but may apply toward required matching costs of the Project as described in Exhibit A. NMCWD has determined that partial performance of obligations under section 1 of this agreement may confer no or limited benefit on NMCWD. As a result: a. NMCWD may withhold 10 percent of any reimbursement under this section 3 until NMCWD has confirmed substantial completion of the Project; and b. if implementation of the Project is not completed in material conformance with this agreement and Exhibit A by the deadline in Paragraph 6 below, subject to delays outside of CITY’s control, NMCWD will not be obligated to provide reimbursement to CITY under this agreement and may declare this agreement rescinded and no longer of effect. Notwithstanding, the parties will consult before NMCWD makes a decision to deny reimbursement or rescind the agreement. 4. Acknowledgment and Publicity Any publicly distributed or displayed printed or electronic documents or other text display regarding the Project must properly acknowledge the funding provided by NMCWD. CITY will cooperate with NMCWD to seek publicity and media coverage of the Project. In communicating to funding or oversight agencies or in public communications about NMCWD programs, NMCWD may cite the Project and its location and may depict the Project in text, photographs or other media. 5. Independent Relationship NMCWD’s role under this agreement is solely to provide funds to support the performance of voluntary work by CITY that furthers the purposes of NMCWD. CITY acts independently and selects the means, method and manner of constructing the Project. CITY is not the agent, representative, employee or contractor of NMCWD. Any right to review or approve a design, work in progress or a constructed facility provided by the agreement to NMCWD is solely for NMCWD’s purpose of accounting for NMCWD funds expended. This agreement is not a joint powers agreement under Minnesota Statutes section 471.59. Each party agrees that it will be responsible only for its own acts and the results thereof to the extent authorized by the law and will not be responsible for the acts or omissions of the other party or the results thereof. NMCWD 9-21 Groundwater Program Agreement 3 6. Effective Date; Termination; Survival of Obligations This agreement is effective when fully executed by the parties and expires three years thereafter. NMCWD retains the right to void this agreement if implementation of the Project is not completed by October 31, 2022. NMCWD may grant a request to extend the project period based on CITY’s satisfactory explanation and documentation of the need for an extension. Upon issuance by NMCWD of notice of NMCWD’s determination to void this agreement, CITY will not receive any further reimbursement for work subject to this agreement, unless NMCWD extends the project-completion period. All obligations that have come into being before termination, specifically including obligations under paragraphs 3 and 4 will survive expiration of this agreement. 7. Subcontract and Assignment CITY will subcontract performance of specific tasks for the Project to St. Croix Environmental, a private Minnesota corporation, as specified in Exhibit A. NMCWD consents to the subcontracting described in this paragraph and Exhibit A. NMCWD’s consent to this subcontracting does not relieve CITY of its obligations under this agreement. Except as specifically consented to herein, CITY will not assign, subcontract or transfer any obligation, right or interest in this agreement without the written consent of NMCWD. 8. Indemnification CITY will hold NMCWD, its officers, board members, employees and agents harmless, and will defend and indemnify NMCWD, with respect to any and all actions, costs, damages and liabilities of any nature arising from: (a) CITY’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty; or (b) a subcontractor’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty owed by CITY to NMCWD. No action or inaction of NMCWD or CITY under this agreement creates a duty of care on the part of NMCWD or CITY for the benefit of any third party. 9. Remedies; Immunities Only contractual remedies are available for a party’s failure to fulfill the terms of this agreement. Notwithstanding any other term of this agreement, NMCWD and CITY waive no immunities in tort. No action or inaction of a party under this agreement creates a duty of care for the benefit of any third party and this agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. 10. Compliance With Laws CITY is responsible to secure all permits and comply with all other legal requirements applicable to the Project. 11. Notices Any written communication required under this agreement shall be addressed to the other party as follows: NMCWD 9-21 Groundwater Program Agreement 4 To NMCWD: Administrator Nine Mile Creek Watershed District 12800 Gerard Drive Eden Prairie, MN 55346 CITY: Utility Operations Manager City of Eden Prairie 15150 Technology Dr Eden Prairie, MN 55344 12. Waiver NMCWD’s failure to insist on the performance of any obligation under this agreement does not waive its right in the future to insist on strict performance of that or any other obligation. 13. Venue and Jurisdiction The agreement will be construed under and governed by the laws of the State of Minnesota. Venue and jurisdiction for any legal action hereunder will be Hennepin County, Minnesota. [Signature page follows.] NMCWD 9-21 Groundwater Program Agreement 5 Intending to be bound, the parties hereto execute and deliver this agreement. CITY OF EDEN PRAIRIE ______________________________ Dated: By Ronald A. Case Its Mayor ______________________________ Dated: By Rick Getschow Its City Manager NINE MILE CREEK WATERSHED DISTRICT _______________________________ Date: By Randy Anhorn, its Administrator Exhibit A Groundwater Conservation Work Plan and Budget Nine Mile Creek Discovery Point 12800 Gerard Drive Eden Prairie, MN 55346 (952) 358-2276 ninemilecreek.org GROUNDWATER CONSERVATION GRANT APPLICATION Contact Information Municipality: City of Eden Prairie Mailing address: 8080 Mitchell Road Primary contact: Rick Wahlen Job title: Manager of Utility Operations Phone: (952) 949-8530 Email: RWahlen@edenprairie.org Secondary contact: Leslie Stovring Job title: Water Resources Coordinator Phone: (952)-949-8327 Email: LStovring@edenprairie.org Background Information Municipal total per capita water use (2020): 109.1 gallons/person-day Municipal residential per capita water use (2020 gallons/person day): 75.2 gallons/person-day Municipal ratio of peak month to winter month water use (2020): 2.3 Proposal Information Give a 2-3 sentence summary of funding request: The City of Eden Prairie (City) requests funding to conduct a water conservation review of our drinking water system within the NMCWD. The work will include (1) desktop assessments to determine the largest 100 water users located within the Nine Mile Creek Watershed District (District) boundaries, (2)preparation of a mailer/flyer for each of these customers that includes a summary of their past water use for direct education on water conservation, (3)identification of the appropriate persons who are able to implement the recommended changes to send the information to for consideration, (4) set up appointments to meet with up to 20 customers to review their existing equipment, operations and landscaping to assist in identifying water conservation opportunities and potential ideas for cost savings, and (5) preparation of a follow-up communication with a list of recommended modifications along with potential estimated cost savings for each recommendation. Give a description of expected project outcomes (ex. annual gallons saved, # of trainings held): The City’s largest water users within the District will obtain education both in writing and in-person with respect to past water usage, and steps they can take to conserve water and reduce costs. Where changes to equipment, operations and/or landscaping are recommended, customers will also be directed to rebate and/or grant programs that may help with implementing the recommended changes, such as the District, City or Hennepin County. The City envisions a reduction in the ratio of peak month to winter month water use for these customers, as well as an overall decrease in annual water use within the District. Total project budget: $27,720 Grant request: $24,890 (no more than 90% of total budget, $25,000 max) Contact Erica with questions prior to submitting your application at 952-358-2276 or esniegowski@ninemilecreek.org. Authorization Name(s) of responsible party: City of Eden Prairie Signature(s): Date: Contact Erica with questions prior to submitting your application at 952-358-2276 or esniegowski@ninemilecreek.org. Project Narrative 1. The project must support one or more of the groundwater conservation cost share program goals: Protect and preserve groundwater quality and quantity Promote groundwater conservation through education and/or behavior change Give a description of your proposed project that includes the objectives and expected outcomes. The City requests funding to promote groundwater conservation through education and/or behavior change. Our experience has been that many of our large water users are either not aware of the amount of water used (due to how bills are processed and paid by management companies, rather than by the individuals responsible for maintenance or management of on-site operations), or, they may not be aware of ways in which they could conserve water, and reduce their operational costs. Our proposed scope of work will start by identifying the 100 largest water users located within the District boundaries, conducting individual desktop assessments to identify information relevant to each property and identifying who would be the key person to reach out to for this program. Information collected will be summarized and distributed through a mailer/flyer for direct education on individual water use. The City will then work in-person with up to 20 of those customers to review their existing equipment and operations to assist in identifying water conservation opportunities and potential ideas for cost savings. Through these activities, the largest water users in the District will become better educated with respect to their prior water use, and the steps they could take to conserve water and thereby reduce costs. Where changes to equipment, operations and/or landscaping are recommended, customers will be directed to rebate and/or grant programs that may help with implementing the recommended changes such as the District, City or Hennepin County. The City will also conduct a review of relevant pages on our web site that could be updated to support this program. 2. Provide a project timeline. September 2021 – Grant awarded October-November 2021 – Prepare summary of past water use for its 100 largest water users December 2021-January 2022 – Prepare flyer/mailing on water conservation and distribute with summary January-March 2022 - Identify 20 users for in-person evaluations March-August 2022 – Onsite evaluation and follow-up September 2022 – Report to District 3. What educational components are included in your project? Include how you will measure outcomes. 1. Prepare summary of water use history for largest water users within the District i. Determine baseline water use and summer (irrigation) use ii. Provide water use in terms of gallons used and estimated consumer cost. 2. Prepare mailer/flyer for direct education on water conservation 3. Provide water use summary and mailer/flyer to largest water users 4. Conduct in-person follow-up assessments to identify water conservation opportunities and potential ideas for cost savings 5. Update the City’s web site update to provide water conservation measures that could be taken by all water users. Outcomes will be measured in the following ways: 1. Number of large volume water users reached; 2. Number of on-site assessments completed; 3. Potential water use reductions/cost savings identified; and, Contact Erica with questions prior to submitting your application at 952-358-2276 or esniegowski@ninemilecreek.org. 4. Tracking of customers water use in subsequent years (outside of grant scope) Answer 3a and 3b if your project’s main goal is education. (Example: trainings, workshops, school equipment) 3a. Who is your target audience? The City’s 100 largest water users within the District boundaries 3b. What new knowledge do you expect your audience to leave with? Their specific water use history; opportunities to lower their water use in the future; and what this might save them in terms of water use and cost. They will also become aware of applicable rebate and/or grant programs available to help implement changes. 4. How will you share the results from the project? 1. Mail/Email 2. In Person/Zoom Meetings 3. City Web Site 4. Reporting to NMCWD YES NO The NMCWD may share information about the project on the District’s website and social media. YES NO I have read the current Groundwater Conservation Grant Guidelines. YES NO I understand that a final report and request for reimbursement is due within 30 days following conclusion of project. Groundwater Conservation Grant Budget Worksheet Service Provider Task # Hours Rate/Hour Grant Funds Matching Funds Total City of Eden Prairie Provide Raw Water Use Data to Consultant 6 75.00$ -$ 450.00$ 450.00$ St. Croix Environmental, Inc. Prepare Individual Summaries of Water Use History (100)100 95.00$ 9,500.00$ 9,500.00$ St. Croix Environmental, Inc. Prepare General Water Conservation Mailer/Flyer 10 95.00$ 950.00$ 950.00$ City of Eden Prairie Distribute Summary of Water Use and Mailer/Flyer (100)12 75.00$ 900.00$ 900.00$ St. Croix Environmental, Inc. Conduct In-Person Assessments/Follow-up (20)140 95.00$ 13,300.00$ 13,300.00$ City of Eden Prairie Conduct In-Person Assessments/Follow-up (20)10 100.00$ 1,000.00$ 1,000.00$ St. Croix Environmental, Inc. Reporting of Results 12 95.00$ 1,140.00$ 1,140.00$ -$ -$ Subtotal:24,890.00$ 2,350.00$ 27,240.00$ Unit Costs Total # Grant Funds Matching Funds Total 1.00$ 200 -$ 200.00$ 120.00$ 0.56$ 500 -$ 280.00$ 280.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal:-$ 480.00$ 400.00$ Total:24,890.00$ 2,830.00$ 27,720.00$ Groundwater Conservation Grants require a 10% match.% Match:10.2092352 For questions, contact the Nine Mile Creek Watershed District office at 952-358-2276. LABOR COSTS (Contractors, Consultants, In-Kind Labor) Project Materials Printing/Mailing Costs Vehicle Mileage MATERIAL COSTS CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Contract with Electric Pump for the Repair of Pumps at the Eden Prairie Road Sanitary Sewer Lift Station ITEM NO.: VIII.L. Requested Action Move to: Approve Contract with Electric Pump in the amount of $30,220 for the repair of both pumps at the Eden Prairie Road Sanitary Sewer Lift Station. Synopsis Eden Prairie Utilities sought proposals for the replacement of impellers, wear plates and volutes in both of the large pumps in service at the sanitary sewer lift station located at 9570 Eden Prairie Road. These pumps have been in continuous service since the lift station was first installed more than 25 years ago. All other components and functions of the pumping system is in very good condition, so the repair of the pumps is in the city’s best interest. Two proposals were requested and received from reliable pump repair companies, and the lowest-priced quote is recommended by staff to be accepted. Electric Pump Qualified Proposal $30,220.00 Quality Machine & Manufacturing Qualified Proposal $34,953.00 + Installation Background Information Lift Stations are necessary to maintain the continuous movement of sewage in communities where either elevation differences are more than a few feet or aerial extent of the community is more than a few city blocks. When hills are encountered between the source and the treatment facility, or when miles of distance separate the source of the waste from its final destination, the “down-hill” orientation of the sewer mains must be reset periodically to a higher elevation to avoid the pipe from becoming so deep that it cannot be maintained. The Eden Prairie Lift Stations provides this “reset” function, and boosts the waste from a deeper elevation to a more shallow position, enabling the wastewater to flow by gravity to the next “reset point,” and away to the treatment facility. This repair will be funded by the Wastewater Enterprise operations budget. Attachment Contract 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the _26th_day of_October_, 20_21_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Electric Pump_, a Minnesota _Company_(hereinafter "Contractor") whose business address is_201 4th Avenue South West, New Prague, MN 56071_. 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 _the Replacement of Impellers, Wear Plates, and Volutes for Both Pumps at the Eden Prairie Road Sanitary Sewer Lift Station, and Returning Both Pumps to Fully Operational Service _ 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 _October_ _26_, 20_21_. The Work shall be completed by _March 31, 2022_. 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. g. h. i. 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. c. Provide one utility employee to assist with the installation. d. 5. Compensation for Services. City agrees to pay the Contractor sum not to exceed $_31,220.00_ as full and complete payment for the labor, materials, shipping, 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 Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 12 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 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 Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 12 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except 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. Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 12 n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of 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, Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 12 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. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 12 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 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. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 12 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 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 Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 12 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. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 12 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. 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 – SCOPE OF WORK Replacement of Impellers, Wear Plates, and Volutes for Both Pumps at the Eden Prairie Road Sanitary Sewer Lift Station Project Understanding The City of Eden Prairie is committed to rebuilding the pumping stages of the two pumps in service at the Eden Prairie Road sanitary sewer lift station. The Project primarily consists of planning the phasing of the removal and the shop repair of each pump; coordination with Eden Prairie’s lift station point-of-contact; reinstallation of the pump systems; testing; and restoring the lift station pumps to fully operational condition. Repairing the pumps rather than replacing them was chosen because of the condition of the remainder of the pump system and the cost of doing a full-replacement. Coordination of the project will involve communication with Eden Prairie Utilities only. Point of Contact (POC) is Mike Everson: (612) 703-8944 Permitting and regulatory requirements will include the following; • No permits required Scope of Work A. The Scope of Work consists of disconnecting the pumps from the electrical power and control systems; removal and transport of the pumps to the shop for disassembly and further inspection; the ordering of necessary pump components including the impellors, the wear rings, and the volutes; reassembly of the pump components; bench testing; transport of the pumps back to Eden Prairie; reinstallation; electrical and controls setup and testing; and restoring the pump system to service. . B. The Project is generally defined as follows: 1. Sitework (SW): None required 2. Pump Removal: a) Determine if both pumps will be removed simultaneously. b) Provide and install backup pump(s) if both pumps are removed, or work out an alternative plan with the City POC. c) Transport the pumps to the shop for disassembly and further inspection. 3. Pump Disassembly and Parts Ordering: a) Tear-down and inspect the pump components b) Verify parts that need to be replaced c) Take photographs of the failed components, at least three clear images from different orientations of each part to be replaced. Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 12 d) Send the photos to the City POC for review and input before actually placing the parts order. Invite the POC to the shop for a physical inspection of the pumps. e) Order the parts agreed-to by the City POC. 4. Pump Reassembly and Testing: a) Reassemble the pump in accordance with the pump manufacturer’s service manual. b) Notify the City POC when the pumps will be ready for delivery. c) Perform any testing prescribed by the manufacturer’s service manual. In particular, verify the wear-ring clearance before complete assembly. 5. Pump transport and Installation: a) In coordination with the City POC, deliver the pumps to the lift station for installation that same day. b) Provide all labor necessary to install the pumps and connect the system electricity and control wiring. c) Perform on-site testing of the pumps before turning them over to the City. 6. Product literature and shop drawings for replacement parts: Contractor will provide all available product information for the replaced components to the City POC. In addition, Contractor will provide the City with a digital copy of the manufacturer’s service and parts manuals for this pump system. C. Project Detail – Shop Drawings and original pump details are available as needed from Eden Prairie Utilities. D. Warranty – Refer to paragraph 11 of the agreement. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Mary Krause Public Works / Engineering ITEM DESCRIPTION: #22806 Approve Professional Services Agreement with Braun Intertec Corporation for Pavement Evaluation Services for the 2022 Pavement Rehab Project ITEM NO.: VIII.M. Requested Action Move to: Approve Professional Services Agreement with Braun Intertec Corporation for Pavement Evaluation Services for the 2022 Pavement Rehab Project in the amount of $21,243.00. Synopsis This Professional Services Agreement will provide pavement evaluation services for the 2022 Pavement Rehab Project. Testing services will include providing Ground Penetrating Radar (GPR) testing, pavement coring and hand auger borings of streets within the 2022 Pavement Rehab project area. Background Information The Pavement Rehab Project is an annual street maintenance project that includes mill and overlays, underseals and reclamation projects. These projects are done to avoid full reconstruction projects which are much more costly and intrusive. The testing Braun Intertec will perform is to assist in selecting the appropriate level of maintenance for each street. Financial Implications The Professional Services Agreement with Braun Intertec Corporation has a cost of $21,243. Funding for this will be from Pavement Management Funds. Attachment Professional Services Agreement 2017 06 01 Version 2017 06 01 9 Agreement for Professional Services This Agreement (“Agreement”) is made on the 26th day of October, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Braun Intertec Corporation (“Consultant”), a Minnesota corporation (hereinafter "Consultant") whose business address is 11001 Hampshire Avenue S. Minneapolis, MN 55438. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for 2022 Pavement Evaluation hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (letter dated October 19, 2021) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from October 26, 2021 through May 1, 2022 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $21,243.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Page 2 of 10 2017 06 01 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant 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 Consultant 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) Page 3 of 10 2017 06 01 amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written Page 4 of 10 2017 06 01 consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Page 5 of 10 2017 06 01 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for Page 6 of 10 2017 06 01 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that Page 7 of 10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in Page 8 of 10 2017 06 01 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 9 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 10 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests 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 Consultant 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 Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this 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 CONSULTANT By: Its: AA/EOE Braun Intertec Corporation 1826 Buerkle Road Saint Paul, MN 55110 Phone: 651.487.3245 Fax: 651.487.1812 Web: braunintertec.com October 19, 2021 Proposal QTB147919 Ms. Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Proposal for a Pavement Evaluation City of Eden Prairie 2022 Improvement Projects Various City Streets Eden Prairie, Minnesota Dear Ms. Krause: Braun Intertec Corporation respectfully submits this proposal to complete a pavement evaluation for the City of Eden Prairie’s 2022 Street Improvement Projects. Project Information Per the information and map provided, we understand the City is planning about 15 miles of street improvement projects for 2022. The projects are preliminarily planned for mill-and-overlay, full-depth bituminous pavement remove-and-replace, and full-depth reclamation (FDR). In some mill-and-overlay areas, undersealing is also planned. To assess the planned repairs, or to determine if other repairs are warranted, we are proposing Ground Penetrating Radar (GPR) testing, pavement coring and hand auger borings. Purpose The purpose of the pavement evaluation is to determine the thicknesses of the in-place pavement materials and to note underlying material conditions for use in providing recommendations related to repair options. Scope of Services We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming our services. EXHIBIT A City of Eden Prairie Proposal QTB147919 October 19, 2021 Page 2 Ground Penetrating Radar To provide a continuous profile of pavement layer thicknesses along the streets, we will perform GPR testing using a 2.0-gigahertz, air-coupled unit from GSSI, Inc. Testing will be performed at posted speeds in both directions. Pavement layer thickness data will be gathered at an interval of approximately one foot. Our GPR measurements will be tied to GPS coordinates and interpreted thicknesses will be verified with information obtained from the pavement cores and hand auger borings. A GPR unit of this configuration can be expected to penetrate a maximum of 2 to 3 feet under ideal conditions. Unfavorable soils and ambient and electromagnetic interference can limit the useful depth of the data. Pavement Coring and Hand Auger Borings Using data obtained from the GPR, we will perform a total of 75 pavement cores and hand auger borings. The purpose of performing the pavement cores and hand auger borings will be to confirm and calibrate the GPR scans, to measure the thickness of the existing pavement section and underlying aggregate base section, if present, and to assess underlying bituminous conditions. Coring will be performed in both travel lanes and near pavement edges so as to better capture variability in pavement thickness at the street edges. Once complete, the pavement cores will be returned to our lab where they will be reviewed for any material deficiencies and retained for any warranted testing. Upon backfilling boring locations, we will fill holes in pavements with a temporary patch. Over time, subsidence of corehole backfill may occur, requiring releveling of surface grades or replacing bituminous patches. We are not assuming responsibility for re-leveling or re-patching after we complete our fieldwork. Laboratory Testing To assess underlying base materials for use as reclaim material, we will perform sieve analysis testing on selected samples. For estimating purposes, we have included 10 full sieve analysis tests in our cost estimate. Traffic Control Based on our review of the streets to be tested, to protect our field crews and alert motorists of our work, traffic control consisting of flaggers may be required during coring on some higher volume streets. We assume the City can assist with providing traffic control, as warranted, on those higher volume streets. If traffic control cannot be provided by the City, we will use a subconsultant to perform that work and will issue a Change Order to the City. For the low-volume residential streets, we assume signs and cones can be used. Engineering Analyses We will use data obtained from our testing and field work to assess in-place pavement conditions and to provide recommendations for repairs. City of Eden Prairie Proposal QTB147919 October 19, 2021 Page 3 Report We will prepare a report including: ▪ A CAD sketch showing the tested streets and exploration locations. ▪ Tabular and graphical depiction of the GPR scan results for each of the tested streets. ▪ A discussion of the GPR findings. ▪ Summary of the pavement core and hand auger boring results, as well as photographs of the pavement cores. ▪ Results of laboratory testing on selected samples of base material. ▪ Recommendations for repair for each of the tested streets, including discussions related to the planned repairs. We will only submit an electronic copy of our report to you unless you request otherwise. At your request, we can also send the report to additional project team members. Schedule We anticipate performing our work according to the following schedule. ▪ GPR testing – within about one to two weeks following receipt of written authorization. It should be noted that GPR testing needs to be completed when streets are dry and free of any snow or ice-pack. ▪ Pavement coring and hand auger borings – pavement coring and hand auger borings need to be completed when subgrades are not frozen. Once the GPR data is collected and analyzed, exploration locations will be selected. Depending on subgrade conditions at that time, if necessary, coring and hand auger borings may need to be performed in the spring of 2022. If that is the case, we will provide preliminary GPR results to the City, along with discussions related to the planned repairs. ▪ Final report submittal – within about two weeks of completing the field work. If we cannot complete our proposed scope of services according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. City of Eden Prairie Proposal QTB147919 October 19, 2021 Page 4 Fees We will furnish the services described in this proposal for an estimated fee of $21,243, which includes meeting time with the City. We are attaching a tabulation showing hourly and/or unit rates associated with our proposed scope of services. Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for work we perform during each invoicing period. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. Please sign and return a copy to us in its entirety. We based the proposed fee on the scope of services described and the assumptions that you will authorize our services within 30 days and that others will not delay us beyond our proposed schedule. City of Eden Prairie Proposal QTB147919 October 19, 2021 Page 5 If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie with this proposal included as Exhibit A. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Amy Grothaus at 651.261.7122 (agrothaus@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Amy J. Grothaus, PE Account Manager, Senior Engineer Charles M. Cadenhead Jr, PE Vice President, Principal Engineer Attachment: Project Proposal The proposal is accepted, and you are authorized to proceed. Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 26, 2021 DEPARTMENT/DIVISION: Fire Chief Scott Gerber ITEM DESCRIPTION: Approve Work Orders with VTI for Security Infrastructure Upgrades at City Hall, Community Center, Homeward Hills Park, and Riley-Jacques Barn ITEM NO.: VIII.N. Requested Action Move to: Approve four work orders with Videotronix, Inc. dba VTI Security for purchase and installation of security infrastructure at City Hall, the Community Center, Homeward Hills Park, and Riley-Jacques Barn Synopsis The Fire Department handles contracting for a variety of services related to the installation of products for safety and security of City buildings. In 2018, the Council approved a Master Services Agreement with Videotronix, Inc. dba VTI Security to provide security infrastructure to City buildings. When a specific project requires the services of VTI, the Master Agreement provides that a Work Order may be issued by the City and accepted by VTI. The Master Agreement provides all of the terms and conditions that are applicable to each Work Order. Equipment is being purchased from VTI 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 each Work Order. The Fire Department recommends accepting the quotations from VTI Security and issuing Work Orders for the following projects: • Purchase and installation of a server to increase video storage at City Hall in the amount of $28,510.25. This upgrade will increase our video storage to meet the minimum of 60 days per Police request. Funding will come from CIP fund. • Purchase and installation of card readers at 13 doors at the Community Center in the amount of $28,968.00. This upgrade will increase security at the Community Center. • Purchase and installation of cameras and card readers at Homeward Hills Park in the amount of $32,372.14. • Purchase and installation of cameras and card readers at Riley-Jacques Barn in the amount of $33,984.72. The work at Homeward Hills Park and Riley-Jacques Barn will add IP cameras and card access for better security, risk management, increased safety, loss prevention, and less employee involvement with rentals. The new cameras will provide a better overall view of the building outside. Funding will come from the Parks and Recreation Department. Xtreme Integration has proposed to install the cabling necessary for the projects. These proposals will be presented to the City Manager at a later date for approval under his statutory authority. Attachments • Work Order – City Hall • Work Order – Community Center • Work Order – Homeward Hills Park • Work Order – Riley-Jacques Barn Contract Work Order UPON EXECUTION BY CONTRACTOR AND CITY THIS WORK ORDER BECOMES AN EXHIBT B PART TO THE MASTER AGREEMENT FOR CONTRACT SERVICES DATED March 22, 2018 Contractor: Videotronix, Incorporated, doing business as VTI Security Address of Work: 8080 Mitchell Road, Eden Prairie, MN Completion date: December 30, 2021. Description of Work: Purchase and installation of server to increase video storage capacity at City Hall. See attached Addendum # 1 Name of Project Manager: Don Gosselin Project Manager’s Telephone Number: 952-746-8753 Compensation for Services: City agrees to pay the Vendor a fixed sum of $28,510.25 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Work Order. Bond to secure Warranties ____ is or __X__ is not required. [check one] Executed this 26 day of October, 2021. CITY OF EDEN PRAIRIE By: ________________________________ Ronald A. Case, Mayor By: ________________________________ Rick Getschow, City Manager VIDEOTRONIX, INCORPORATED, D.B.A VTI SECURITY By: ________________________________ Its: _______________________________ Contract Work Order UPON EXECUTION BY CONTRACTOR AND CITY THIS WORK ORDER BECOMES AN EXHIBT B PART TO THE MASTER AGREEMENT FOR CONTRACT SERVICES DATED March 22, 2018 Contractor: Videotronix, Incorporated, doing business as VTI Security Address of Work: 16700 Valley View Rd, Eden Prairie, MN Completion date: December 30, 2021. Description of Work: Installation of card readers at the Community Center. See attached Addendum # 1 Name of Project Manager: Don Gosselin Project Manager’s Telephone Number: 952-746-8753 Compensation for Services: City agrees to pay the Vendor a fixed sum of $28,968.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Work Order. Bond to secure Warranties ____ is or __X__ is not required. [check one] Executed this 26 day of October, 2021. CITY OF EDEN PRAIRIE By: ________________________________ Ronald A. Case, Mayor By: ________________________________ Rick Getschow, City Manager VIDEOTRONIX, INCORPORATED, D.B.A VTI SECURITY By: ________________________________ Its: _______________________________ Contract Work Order UPON EXECUTION BY CONTRACTOR AND CITY THIS WORK ORDER BECOMES AN EXHIBT B PART TO THE MASTER AGREEMENT FOR CONTRACT SERVICES DATED March 22, 2018 Contractor: Videotronix, Incorporated, doing business as VTI Security Address of Work: 12000 Silverwood Drive, Eden Prairie, MN Completion date: December 30, 2021. Description of Work: Installation of cameras and card readers at Homeward Hills Park. See attached Addendum # 1 Name of Project Manager: Don Gosselin Project Manager’s Telephone Number: 952-746-8753 Compensation for Services: City agrees to pay the Vendor a fixed sum of $32,372.14 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Work Order. Bond to secure Warranties ____ is or _X___ is not required. [check one] Executed this 26 day of October, 2021. CITY OF EDEN PRAIRIE By: ________________________________ Ronald A. Case, Mayor By: ________________________________ Rick Getschow, City Manager VIDEOTRONIX, INCORPORATED, D.B.A VTI SECURITY By: ________________________________ Its: _______________________________ Contract Work Order UPON EXECUTION BY CONTRACTOR AND CITY THIS WORK ORDER BECOMES AN EXHIBT B PART TO THE MASTER AGREEMENT FOR CONTRACT SERVICES DATED March 22, 2018 Contractor: Videotronix, Incorporated, doing business as VTI Security Address of Work: 9180 Riley Lake Road, Eden Prairie, MN Completion date: December 30, 2021. Description of Work: Installation of cameras and card readers at the Riley-Jacques Barn. See attached Addendum # 1 Name of Project Manager: Don Gosselin Project Manager’s Telephone Number: 952-746-8753 Compensation for Services: City agrees to pay the Vendor a fixed sum of $33,984.72 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Work Order. Bond to secure Warranties ____ is or __X__ is not required. [check one] Executed this 26 day of October, 2021. CITY OF EDEN PRAIRIE By: ________________________________ Ronald A. Case, Mayor By: ________________________________ Rick Getschow, City Manager VIDEOTRONIX, INCORPORATED, D.B.A VTI SECURITY By: ________________________________ Its: _______________________________ CITY COUNCIL AGENDA SECTION: Public Hearings DATE: October 26, 2021 DEPARTMENT/DIVISION: Community Development/Planning/ Julie Klima ITEM DESCRIPTION: Flying Cloud Commons Grocery Store ITEM NO.: IX.A. Requested Action •Close the Public Hearing; and •Adopt a Resolution for Planned Unit Development Concept Review on 5.13 acres; and •Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on5.13 acres; and •Adopt a Resolution for a Preliminary Plat of one lot on 5.13 acres; and •Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and •Authorize the issuance of an early Land Alteration Permit and Footing & Foundation Permit at the request ofthe Developer subject to the conditions outlined in the permit(s). Synopsis This is the fourth phase of the Castle Ridge Redevelopment project. The first two phases included the Castle Ridge Senior Housing project and the Paravel multi-family housing development. The third phase included approval for the construction of a Bank of America, ChickFilA, and Lakewinds grocery. In 2020, the City granted PUD, preliminary plat, and site plan approval to this area to allow the construction of a 25,000 square foot grocery store and the creation of an outlot for future retail development. The grocery tenant that was anticipated to utilize this space is no longer moving forward with the construction. As a result, the developer is working with another prospective grocery tenant. The revised proposal includes a 40,154 square foot grocery tenant. Due to the additional size of the store and associated parking needs, the revised proposal utilizes the original grocery site and the outlot areas, one of which was intended for future retail development. The proposed grocery tenant has not yet been identified to the City. Previous & Current Proposals Oppidan is proposing approximately 40,154 square feet of commercial development with this phase of the commercial component. Please see below for the previous grocery site plan and the proposed grocery site plan. In addition to the commercial development proposed, the site includes surface parking to support the uses, landscaping, and gathering areas. One gathering area is located along the Prairie Center Drive frontage. The other gathering area is located to the north of the grocery store along the west property line, adjacent to the private street. Both gathering areas are proposed to be landscaped with trees, shrubs, and perennials. They will also include site amenities such as bike racks, seating areas including benches, public art, and lighted bollards. Previous Site Plan Current Proposal Alternate Grocery – Primary Entrance Elevation Alternate Grocery – West Elevation (facing senior residential facility) Alternate Grocery – East Elevation (facing Prairie Center Drive) Requested Waivers The Castle Ridge Redevelopment area is guided Mixed Use and this property is zoned Community Commercial. The proponent is requesting a number of waivers through the PUD process. The waivers may be reasonable given the unique nature of this project and property constraints. Following is a list of the waivers being requested: 1. Structure Height. City Code requires a maximum structure height of 30 feet. The proposed building includes a parapet at the front entry (north elevation) that is approximately 36’8” in height. The additional height provides roofline deviation, visual interest, and identification of the primary entrance. The remaining areas of the north elevation measure 26’8” in height. 2. Parking Stalls. City Code requires 5 parking stalls per 1,000 square feet of floor area. This site would require 201 on- site parking stalls. The site proposes 185 parking stalls, a ratio of 4.6 parking stalls per 1,000 square feet of floor area. The parking stall count has been revised following Planning Commission review to reflect the addition of cart corral areas in the parking lot. The applicant has conveyed that the end user has in existing stores in other comparable out of state markets that are parked slightly below 5/1,000 and their operations team has approved the proposed plan. The slight reduction in parking allows the site to provide pedestrian connections that will serve the customers and residents of the master project area. The traffic study conducted for the project area anticipated that 10% of the retail traffic will be generated from the residential portions of the project area, reducing auto trips. Other retail centers that include grocery stores in Eden Prairie have parking requirements below the 5/1,000 requirement and are functional. Development Agreement Items This project is part of an overall master project area which includes the Castle Ridge Senior Housing site and the Paraval multi-family housing site. The Development Agreement for this project will require coordination of amenities such as lighting, pedestrian connection materials, streetscaping along Prairie Center Drive, etc. between all phases of the master project area. The Development Agreement will also address public art including the timing of installation, value and process for selection. Geotechnical exploration information will need to be provided to the City. The City recognizes that getting a boring at this location may not be possible at this time given the current condition of the site. The Developer must conduct a boring prior to installation of the BMP. If the results of the testing are not consistent with the Stormwater Management Report, the Developer must amend the design to accommodate the lesser infiltration rates. The Development Agreement will include language to address this. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at the September 27, 2021 meeting. There were a few items that needed to be addressed prior to the 1st reading before the City Council. The applicant has addressed those issues in the plans submitted for City Council review. Attachments 1. Ordinance for PUD District Review with Waivers 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report 5. Guiding Map 6. Zoning Map 7. Aerial Map 8. Planning Commission Minutes FLYING CLOUD COMMONS GROCERY STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2021-PUD-_-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the Community Commercial Zoning District as -2021-PUD-_-2021 (hereinafter "PUD-_-2021”). Section 3. 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 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the Community Commercial Zoning District as 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 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _____, 2021 entered into between Oppidan Investment Company, a _________________________, 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 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 26th Day of October, 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: __________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on _____, 2021. EXHIBIT A PUD Legal Description Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Outlot B, Castle Ridge 3rd Addition, Hennepin County, Minnesota. Abstract and Registered Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF FLYING CLOUD COMMONS GROCERY STORE FOR OPPIDAN INVESTMENT COMPANY 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 September 27, 2021, on Flying Cloud Commons Grocery Store by Oppidan Investment Company 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 October 26, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Flying Cloud Commons Grocery Store, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated October 13, 2021. 3. That the PUD Concept meets the recommendations of the Planning Commission dated September 27, 2021. ADOPTED by the City Council of the City of Eden Prairie this 26th day of October, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk EXHIBIT A PUD Concept Legal Description: Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Outlot B, Castle Ridge 3rd Addition, Hennepin County, Minnesota. Abstract and Registered Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF FLYING CLOUD COMMONS GROCERY STORE FOR OPPIDAN INVESTMENT COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Flying Cloud Commons Grocery Store for Oppidan Investment Company stamp dated October 26, 2021, and consisting of 5.13 acres into 1 lot, 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 26th day of October, 2021. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: September 27, 2021 SUBJECT: Flying Cloud Commons Grocery Store LOCATION: 635 Prairie Center Drive APPLICANT: Oppidan Investment Company OWNERS: Presbyterian Homes 120 DAY REVIEW: December 13, 2021 REQUEST: 1. Planned Unit Development Concept Review on 5.13 acres 2. Planned Unit Development District Review with waivers on 5.13 acres 3. Site Plan Review on 5.13 acres 4. Preliminary Plat to 1 lot on 5.13 acres BACKGROUND & OVERALL PROJECT AREA This is the fourth phase of the Castle Ridge Redevelopment project. The first two phases included the Castle Ridge Senior Housing project and the Paravel multi-family housing development. The third phase included approval for the construction of a Bank of America, ChickFilA, and Lakewinds grocery. The master developer, Presbyterian Homes, is coordinating with Timberland for the Paravel project and with Oppidan for the commercial component. Similar to the Paravel project, the commercial development is being submitted and reviewed through a separate process since the Castle Ridge Redevelopment master project area consists of 3 phases. Although the project includes three developers and three different product types, the developers are partnering to design individual project areas that contain cohesive development components consistent with the master plan. The property was subject to a concept review as part of the overall Castle Ridge Redevelopment project. The existing use of the property is the Castle Ridge Care Center and vacant property. The property is very near to commercial uses and park and open space. In 2020, the City granted PUD, preliminary plat, and site plan approval to this area to allow the construction of a 25,000 square foot grocery store and the creation of an outlot for future retail development. The grocery tenant that was anticipated to utilize this space is no longer moving forward with the construction. As a result, the developer is working with another prospective Staff Report – Flying Cloud Commons Grocery Store September 27, 2021 Page 2 2 grocery tenant. The revised proposal includes a 40,154 square foot grocery tenant. Due to the additional size of the store and associated parking needs, the revised proposal utilizes the original grocery site and the outlot areas, one of which was intended for future retail development. The proposed grocery tenant has not yet been identified to the City. PREVIOUS & CURRENT PROPOSALS Oppidan is proposing approximately 40,154 square feet of commercial development with this phase of the commercial component. Please see below for the previous grocery site plan and the proposed grocery site plan. PREVIOUS SITE PLAN Staff Report – Flying Cloud Commons Grocery Store September 27, 2021 Page 3 3 CURRENT PROPOSAL In addition to the commercial development proposed, the site includes surface parking to support the uses, landscaping, and gathering areas. One gathering area is located along the Prairie Center Drive frontage. The other gathering area is located to the north of the grocery store along the west property line, adjacent to the private street. Both gathering areas are proposed to be landscaped with trees, shrubs, and perennials. They will also include site amenities such as bike racks, seating areas including benches, public art, and lighted bollards. Staff Report – Flying Cloud Commons Grocery Store September 27, 2021 Page 4 4 COMPREHENSIVE PLAN & ZONING The site is currently guided Mixed Use and is zoned Community Commercial. The zoning was established as part of the 2008 approval for the previous Castle Ridge project that was not constructed. No zoning change is proposed at this time. The property is bordered by multi-family development to the north and west; Flying Cloud Drive to the south and Prairie Center Drive to the east. Properties beyond Flying Cloud Drive and Prairie Center Drive are commercial uses. SITE PLAN AND PRELIMINARY PLAT The preliminary plat proposes to replat the property from its previous proposal as two outlots and a lot to 1 lot. The proposed plan includes all of the remaining commercial acreage. The site layout provides access to the parcel through private drives that serve the master project area. No direct access to the grocery store is provided via Prairie Center Drive or Flying Cloud Drive. Pedestrian corridors provide continuous pathways within the commercial area connecting the proposed building and outlot gathering areas. Pedestrian connections area also made to the Castle Ridge and Paravel developments. This allows for connections to existing trails on Prairie Center Drive and Flying Cloud Drive. The pedestrian connections linking the commercial portion of the master project area to the Castle Ridge and Paravel developments promote and invite walkability and access within the master project area and with pedestrian corridors and amenities outside of the master project area, such as providing access to Purgatory Creek Park. Proposed site amenities include enhanced and coordinated materials for pedestrian connections throughout all phases of the master project area. These master project area pedestrian connections shall provide an alternative material, color and pattern from other paved areas in order to differentiate them as pedestrian connections and create an inviting environment promoting pedestrian circulation. The development will also provide coordinated site amenities such as street lighting fixtures, bollard lighting at the pedestrian level and street furniture including but not limited to, benches, bike racks, and trash receptacles. The Development Agreement will include language requiring consistency in such site amenities be provided in all phases of the project. The Development Agreements for Castle Ridge and Paravel also included language requiring amenity consistency between all development partners and phases. Alternate Grocery A grocery store is proposed to be constructed on Lot 1. The store is proposed to be a 40,154 square foot building. The building includes delivery areas in the rear of the building. The proposed building meets and exceeds the building material and architecture requirements. Proposed building materials include brick, glass, masonry, and metal. Greenscreens are proposed on the west elevation to provide additional landscaping and softening of the building. Staff Report – Flying Cloud Commons Grocery Store September 27, 2021 Page 5 5 Alternate Grocery – Primary Entrance Elevation Alternate Grocery – West Elevation (facing senior residential facility) Alternate Grocery – East Elevation (facing Prairie Center Drive) The site includes 190 parking stalls. City Code requires 201 parking stalls based on the size of the building. The applicant has requested a waiver to the parking requirements which is noted in more detail later in this report. TREE REPLACEMENT & LANDSCAPING PLAN Tree replacement is being calculated individually for each of the project phases at the time of site plan review. This portion of the commercial site has a tree replacement requirement of 359 caliper inches. The tree replacement requirements are being met through planting of trees on site. Landscaping requirements are a distinct requirement from tree replacement. While tree replacement addresses the amount of trees required to be replaced due to removal of existing trees, the landscaping requirements require plantings based on the size, scale, and massing of Staff Report – Flying Cloud Commons Grocery Store September 27, 2021 Page 6 6 proposed buildings to ensure the site is balanced between structures and landscaping. Based on the floor area proposed for the alternate grocery store, 125 caliper inches of landscaping is required. The proposed tree replacement and landscaping plan provides for approximately 489 caliper inches of landscaping material, exceeding the City Code requirement of 484 inches. LIGHTING The proposed site lighting plan complies with the lighting plans approved with previous phases of the master plan project area. All pole lighting shall not exceed 25 feet in height and shall be down cast, cut off style. SIGNS All signs will require review and approval through a separate sign permit process. All signs shall comply with City Code requirements. No waivers to sign requirements are proposed. The Development Agreement will include standard language that all signs shall comply with City Code requirements and will be reviewed through the sign permit process. PUBLIC ART The project proposes the inclusion of public art piece to be installed in the gathering areas located on Lot 1. The Development Agreement will include language to address the timing of the installation of art piece, value, and process for selection. SUSTAINABLE FEATURES The applicant has provided a list of sustainability features that will be included within the development. The sustainable elements proposed include: 1. Four (4) electric vehicle charging stations on Lot 1; 2. Native planting species; 3. Pollinator friendly landscaping species; 4. LED lighting; 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 process, the applicant is seeking waivers to City Code requirements for the proposed project as outlined below. 1. Structure Height. Staff Report – Flying Cloud Commons Grocery Store September 27, 2021 Page 7 7 City Code requires a maximum structure height of 30 feet. The proposed building includes a parapet at the front entry (north elevation) that is approximately 36’8” in height. The additional height provides roofline deviation, visual interest, and identification of the primary entrance. The remaining areas of the north elevation measure 26’8” in height. 2. Parking Stalls. City Code requires 5 parking stalls per 1,000 square feet of floor area. This site would require 201 on-site parking stalls. The site proposes 190 parking stalls, a ratio of 4.75 parking stalls per 1,000 square feet of floor area. The applicant has conveyed that the end user has in existing stores in other comparable out of state markets that are parked slightly below 5/1,000 and their operations team has approved the proposed plan. The slight reduction in parking allows the site to provide pedestrian connections that will serve the customers and residents of the master project area. The traffic study conducted for the project area anticipated that 10% of the retail traffic will be generated from the residential portions of the project area, reducing auto trips. Other retail centers that include grocery stores in Eden Prairie have parking requirements below the 5/1,000 requirement and are functional. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 5.13 acres • Planned Unit Development District Review with waivers on 5.13 acres • Site Plan Review on 5.13 acres • Preliminary Plat into 1 lot 5.13 acres This is based on plans stamp dated September 14, 2021, staff report dated September 27, 2021, and the following conditions: Prior to review by the City Council, the following items shall be addressed: 1. Site amenities are proposed in the gathering spaces of Lot 1 and site lighting is proposed throughout the site. Additional details specific to the site design and configuration of the gathering areas must be submitted in order for staff to complete its review and provide comment on functionality, aesthetics, and consistency with the project area. Additional detail of location and type of site lighting must be submitted. 2. The plans must identify all pedestrian connections/crosswalks to be constructed of materials as installed at the intersection of Commonwealth Drive and the private street located between Paravel and the Castle Ridge Senior facility. 3. The plans should include necessary infrastructure to provide options for lighting of trees or up lighting of trees in the gathering areas. 4. The Plans must include details and typical sections for all permanent stormwater management BMPs and their appurtenant structures (e.g. inlet or outlet configurations, etc.) Staff Report – Flying Cloud Commons Grocery Store September 27, 2021 Page 8 8 Prior to issuance of a land alteration permit, the following items will need to be addressed: 1. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. 2. Obtain and provide documentation of Watershed District approval. 3. Notify the City and Watershed District 48 hours in advance of grading. 4. Install erosion control at the grading limits of the property for review and approval by the City. 5. Soil borings at the proposed infiltration system and Underground System 1 must be conducted and results provided to the Engineering Division. If the results of the testing indicate the soils are less conducive to infiltration than assumed in the Stormwater Management Report, the Developer must amend the design to accommodate the lesser infiltration rates. 6. Submit a land alteration letter of credit, or escrow surety equivalent to 125% of the cost the Land Alteration Activities. Prior to issuance of a building permit the following items will need to be addressed: 1. Pay the appropriate cash park fees. 2. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. 3. Design and sizing calculations for all sanitary sewer and watermain must be provided to the Building & Inspections Division. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated September 14, 2021. 1. Structure Height. City Code requires a maximum structure height of 30 feet. The proposed building includes a parapet at the front entry (north elevation) that is approximately 36’8” in height. The additional height provides roofline deviation, visual interest, and identification of the primary entrance. The remaining areas of the north elevation measure 26’8” in height. 2. Parking Stalls. City Code requires 5 parking stalls per 1,000 square feet of floor area. This site would require 201 on-site parking stalls. The site proposes 190 parking stalls, a ratio of 4.75 parking stalls per 1,000 square feet of floor area. The applicant has conveyed that the end user has in existing stores in other comparable out of state markets that are parked slightly below 5/1,000 and their operations team has approved the proposed plan. The slight reduction in parking allows the site to provide pedestrian connections that will serve the customers and residents of the master project area. The traffic study conducted for the project area anticipated that 10% of the retail traffic will be generated from the residential portions of the project area, reducing auto trips. Other retail centers that include grocery Staff Report – Flying Cloud Commons Grocery Store September 27, 2021 Page 9 9 stores in Eden Prairie have parking requirements below the 5/1,000 requirement and are functional. The plans shall be revised to address all items identified in the Engineering Memos dated August 2, 2021, and August 26, 2021, at the appropriate times through the review and construction process. City of Eden Prairie Land Use Guide Plan Map 2010-2040 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 Guide Plan Map: Flying Cloud Commons Grocery StoreAddress: 615 Prairie Center DriveEden Prairie, Minnesota 55344 Rural Low Density Residential Medium Density Residential Medium Migh Density Residential High Density Residential Mixed-Use Town Center Transit-Oriented Development Regional Commercial Commercial Office Industrial Flex Tech Flex Service Eco Innovation Industrial Airport Public / Semi-Public Parks & Open Space Golf Course Utility & Railroad RIght-of-Way Wetlands 390 0 390195 FeetCOLUMBINEDRIVECASTLEMOOR D RIVE FLYINGCLOUDDRIVEPRAIRIE C ENTERDRIVE C O M M ON W EA LTHDRIVEREGIONAL CENTER DRIVE CRYSTALVIEWROADProject Site Date Approved: 10-01-2019 City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Ordinance #19-2018 and 20-2018 approved, but not shownon this map edition Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2020 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map: Flying Cloud Commons Grocery StoreAddress: 615 Prairie Center Drive Eden Prairie, MN 55344 epgdb.GIS.Parcels Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU 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 Project Site FLYINGCLOUDDRIVEPRAIRIE C ENTERDRIVECRYSTALVIEWROADCOMMONWEALTHDRIVEREGIONALCENTERDRIVECOLUMBINEDRIVECASTLEMOORDRIVE JOINER WAY CASTLEMOOR DR CRYSTAL VIEW RDTERESA MARIE WAY COMMONWEALTH D R PRIMROSE L N FLYING CLOUD DRCOLUMBINE RDREGIONAL CENTER RD MEDCOM BLVD PR A I R I E C E N T E R D R MIDDL E S E T R D PRA IR IE CEN T ER DRFLYING CLOUD DRCOLUMBINE RDPR A I R I E C E N T E R D R FLYING CL OUD DRPRAIRIE CENTER DRCASTLEMOOR DR M E D C O M B L V DFLYING CLOUD DRCOLUMBINE RDCOLUMBINE RDCOMMONWEALTH DRFLYING CLOUD DRPR A IR I E CEN T ER DR Aerial Map: Flying Cloud Commons Grocery StoreAddress: 615 Prairie Center DriveEden Prairie, Minnesota 55344 0 160 32080 Feet ¯ Project Site UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 27, 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; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Absent was commission member Markos. III. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by DeSanctis to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Taylor moved, seconded by Kirk to approve the minutes of September 13, 2021. MOTION CARRIED 8-0. V. PUBLIC HEARINGS A. FLYING CLOUD COMMONS GROCERY STORE (2021-12)) Request for: • Planned Unit Development Concept Review on 5.13 acres • Planned Unit Development District Review with waivers on 5.13 acres • Site Plan Review on 5.13 acres • Preliminary Plat of one lot on 5.13 acres Ian Halker, of Oppidan Investment Company, presented a PowerPoint and detailed the application. He compared the 2020 approved plan with the 2021 proposed plan. The Castle Ridge Redevelopment Master Plan included the PLANNING COMMISSION MINUTES September 13, 2021 Page 2 Presbyterian Homes, Timberland Partners, and Oppidan Investment Company. The three properties were adjacent to each other and Flying Cloud Drive and Prairie Center Drive were major arteries. Oppidan’s goals were to create a sense of place and a sensible and cohesive design through master development. The development site was adjacent to senior and market-rate housing as well as retail. Safe pedestrian walkways, landscaping, and Class One materials would be included. The 2021 proposed plan consolidated Outlot A and B and Lot One from the 2020 approved site plan, Lots Two and Three of the 2020 plan would not be changed. The result was a more beneficial full loop pedestrian walkway system with several connections to Lot Three. This also reduced vehicle-pedestrian connection points. Overall daily trips generated were decreased by 446, and 150 fewer peak hour trips from the 2020 Site Plan. The traffic study findings favored aligned driveway aisles as much as possible. Halker displayed the grocery floor plan and elevations. Three variations of modular brick and masonry would be utilized. Farr asked where the grocery cart stalls would take away from the parking. Halker replied the stalls would be against the front entrance. Farr asked for and received confirmation that most carts would be returned to the front of the store rather than in parking lots carousels, although there could be a couple of those too. He asked for and received confirmation there would be EV charging stations. Farr asked if spandrel glass displays could be included among the materials later. Halker replied the developer would be open to that, including a green wall and artwork. Farr commended the circulation plan. He pointed out the left side against the common wall had two sidewalks, the primary of which led to a stairway. He thought the seniors would want to use the secondary one, but it might be too narrow for some pedestrians. He suggested widening that walkway and for the truck circulation at the trash area he suggested moving the generator pad up toward the north and putting landscaping around it. Halker replied it was possible; he and the architect would look at this idea. DeSanctis asked if Halker was concerned about extraneous light or noise considering the proximity to the senior housing area. Halker replied he did not see this as a potential issue due to its distance and insultation. DeSanctis asked if the parking area would be illuminated all night. Halker replied the lighting could be extinguished at a late hour at night. DeSanctis asked the projected hours of operation, and Halker replied it would not be a 24-hour operation; he estimated closing at nine or ten o’clock at the latest. DeSanctis noted that Lakewinds pulled out of the original plan and asked if this raised any flags for a larger grocer PLANNING COMMISSION MINUTES September 13, 2021 Page 3 coming in later. Halker replied he could not answer for Lakewinds, but he was confident any grocer would have completed market research and this was a firm tenant. Klima presented the staff report. The applicant was requesting two waivers for building height at the primary entrance, from 30 feet to 36 feet, and for parking onsite at a number of 190 rather than the required 201 stalls. Staff recommended approval. Mette asked if there were parking waivers for the Bank of America and Chick-Fil- A applications. Klima replied there were no waivers for those properties. Mette asked the height of the Eden Prairie Lunds & Byerly’s. Klima stated she did not know that information but offered to follow up. Mette noted some signage concepts and asked if each building’s sign would be individually evaluated or if all would fall under the cumulative 300 square foot maximum. Klima explained the signage would not be reviewed as a part of the development process. Each tenant could apply for a signage permit individually or come in together as part of a PUD process. Taylor asked if there was a way to compare the sizes of the local groceries. Klima replied the Cub Foods was 92,000 square feet, the Lunds & Byerly’s was 59,000 square feet, Kowalski’s was 25,000, Jerry’s was 41,000 and Aldi was 25,000 square feet. Taylor also asked if there were any products remaining in the underground storage tanks and if they would be removed. Rue replied there was one leak but was contained within the safety area, and they will be removed. Farr asked for staff’s reactions to the recommended widening and changes to Castlemoor Drive and Columbine Road, adding he wanted to ensure the reduction of the stormwater pond would not be detrimental to the senior housing development. Rue replied the encroachment area of the pond was accommodated within the development. There were no ownership notification requirements. Halker reiterated this. Farr stated grocery stores were special and in general did not have storefront windows. He approved of the many windows and asked if the Code forbade posters all over these. Klima replied the Sign Code also regulated window signage and 10 percent to the window area could have signage. Farr asked for and received confirmation there would be tweaks to the parking and the developer would work with staff on these. PLANNING COMMISSION MINUTES September 13, 2021 Page 4 Higgins expressed concern regarding the nearby housing and its need for gathering and walking spaces. With the amount of traffic due to the housing plus the construction and the grocery store, she wished pedestrian access and safety to be a priority. Klima replied she understood this concern was twofold; resident circulation and construction. The Presbyterian Homes and Timberland sites had pedestrian loops within their properties. These also had connections to the trail system and to Purgatory Creek. Public Works staff was working with all three developers on this site to address construction traffic and parking. Halker added the construction would be phased and parking for the contractors and subcontractors would be contained onsite. There was also open land to park on, and he anticipated no impact on the nearby housing parking. Taylor asked if Commonwealth Drive would have speed bumps or traffic lights, and Rue replied the Commonwealth section was a private road. Taylor asked for and received confirmation the developers would work with the landowners on this. Rue added this site and the two residential parcels had no pedestrian crossing at Columbine and there could be some modifications at the intersection at Castlemoor where the right turn lane would be added. Jonathan Smith, resident of Eden Prairie, stressed the need for more bicycle parking, saying he had seen only four spots in the development plan. He echoed Taylor’s suggestion of sidewalk bumpouts or elevated pedestrian crossings. He approved of the waiver resulting in 11 less parking spots. MOTION: Kirk moved, seconded by DeSanctis to close the public hearing. Motion carried 8-0. Halker commended Smith’s ideas and added he could increase the number of bike racks in common areas. He agreed also with the crosswalk ideas for access to and from the Presbyterian Homes. Mette stated she was originally concerned about the parking but found the developer had backed it up. Liked the green wall and hoped it would be maintained. She was concerned about the size of the sign that faced southwest due to its proximity to the senior building. She shared other commission members’ concerns regarding pedestrian circulation and agreed Columbine Road needed to be looked at. She liked Taylor’s idea of a raised crosswalk at Commonwealth Road. She agreed with the need for bicycle parking. Kirk stated he found this development straightforward, and commended Smith’s suggestion of bicycle parking. Public comments could bring up issues the PLANNING COMMISSION MINUTES September 13, 2021 Page 5 commission could miss and he thanked Smith for his. He echoed the comments of Mette and stated he had no objection to the height waiver. He supported the project. Gooding stated this was stated this was clearly an improvement over the previous approval and had no issue with the two waivers. He agreed with Mette on the need to examine Columbine Road. Farr agreed with Kirk and Gooding this was an improvement over the last development proposal. He agreed with the two waivers and commended the building’s architecture. DeSanctis stated overall he found this a very thoughtful proposal. He hoped sustainable items would be included to prevent a food desert, and honor the need for organic and local produce, which was a growing trend. Halker replied the grocer was a national chain and added he found this to be a good idea. MOTION: Kirk moved, seconded by DeSanctis to recommend approval of Planned Unit Development Concept Review on 5.13 acres; Planned Unit Development District Review with waivers on 5.13 acres; Site Plan Review on 5.13 acres; and Preliminary Plat of one lot on 5.13 acres based on information outlined in plans September 14, 2021 and the staff report dated September 27, 2021. Motion carried 8-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Higgins moved, seconded by DeSanctis to adjourn. Motion carried 8-0. The meeting was adjourned at 7:58 p.m. CITY COUNCIL AGENDA SECTION: Public Hearing DATE: October 26, 2021 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Special Assessment Hearing for the Approval of the 2021 Special Assessments ITEM NO.: IX.B. Requested Action Move to: Close the public hearing for the approval of the 2021 Special Assessments and; Adopt the resolution approving all Special Assessments presented in the fall of 2021. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. Staff recommends Council approve the list of assessments. Background Information City Council established the amount to be assessed for the Fall 2021 assessment hearing at its regular meeting on September 21, 2021. See Exhibit A for the list of Projects and Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2021 is $112,464.19. Attachments Resolution Exhibit A Published Notice Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2021 until December 31, 2022. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2022. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is received by the City and paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. APPROVED on October 26, 2021 Ronald A. Case, Mayor ATTEST: SEAL Nicole Tingley, City Clerk EXHIBIT A Supplementals Trunk Sewer and Water Parcel PID # Years / % 2021 Amount Deferred Amount Tiller Corporation 03-116-22-22-0023 (ORIGINAL/PARENT PARCEL) 5 Years at 3.34% $5,886.69 0.00 Tiller Corporation 03-116-22-22-0033 (ORIGINAL/PARENT PARCEL) 5 Years at 3.34% $5,886.67 0.00 Tiller Corporation 03-116-22-22-0037 (ORIGINAL/PARENT PARCEL) 5 Years at 3.34% $5,886.67 0.00 Tiller Corporation 03-116-22-23-0002 (ORIGINAL/PARENT PARCEL) 5 Years at 3.34% $5,886.67 0.00 Tiller Corporation 03-116-22-22-0041 (New Lot PID from Original) 5 Years at 3.34% $23,546.70 0.00 Norton Homes, LLC 26-116-22-23-0005 (ORIGINAL/PARENT PARCEL) 5 Years at 3.34% $51,384.77 0.00 Norton Homes, LLC 27-116-22-14-0035 (ORIGINAL/PARENT PARCEL) 5 Years at 3.34% $14,273.55 0.00 Norton Homes, LLC 26-116-22-23-0063 (New Lot PID from Original) 5 Years at 3.34% $2,854.70 0.00 Norton Homes, LLC 26-116-22-23-0064 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0065 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0066 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0067 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0068 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0069 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0070 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0071 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0072 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0073 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0074 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0075 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0076 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0077 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0078 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0079 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 26-116-22-23-0080 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 27-116-22-14-0038 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 27-116-22-14-0039 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 27-116-22-14-0040 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 27-116-22-14-0041 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Norton Homes, LLC 27-116-22-14-0042 (New Lot PID from Original) 5 Years at 3.34% $2,854.71 0.00 Water Connection Fee Asselstine 02-116-22-41-0022 1 Years at 3.34% $8,859.00 0.00 Tall Grass / Weed Contracted Removal Akselrod 02-116-22-14-0050 1 Years at 3.34% $222.00 0.00 Restaurant Units Corp. 14-116-22-31-0031 1 Years at 3.34% $1,280.00 0.00 Restaurant Units Corp. 17-116-22-11-0023 1 Years at 3.34% $925.00 0.00 Sahar 20-116-22-34-0004 1 Years at 3.34% $222.00 0.00 Keeling 20-116-22-42-0022 1 Years at 3.34% $228.17 0.00 Gaffar 23-116-22-24-0020 1 Years at 3.34% $222.00 0.00 Mann 26-116-22-42-0007 1 Years at 3.34% $222.00 0.00 Sahar 35-116-22-13-0029 1 Years at 3.34% $222.00 0.00 Saastad & Kludtke Saastad 35-116-22-21-0083 1 Years at 3.34% $222.00 0.00 Tree Contracted Removal Home Depot USA, Inc. 10-116-22-41-0018 1 Years at 3.34% $2,290.00 0.00 BRE/ESA P Portfolio LLC 11-116-22-42-0044 1 Years at 3.34% $440.00 0.00 Main Street School of Performing Arts ABC 12-116-22-24-0006 1 Years at 3.34% $800.00 0.00 256 Holdings, LLC 14-116-22-34-0019 1 Years at 3.34% $1,925.00 0.00 Hill 15-116-22-34-0024 1 Years at 3.34% $490.00 0.00 Tree Contracted Removal – 2 Year Term Baird 16-116-22-31-0011 2 Years at 3.34% $4,690.00 0.00 NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 26, 2021 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota: Trunk Sewer and Water 03-116-22-22-0041 26-116-22-23-0063 26-116-22-23-0064 26-116-22-23-0065 26-116-22-23-0066 26-116-22-23-0067 26-116-22-23-0068 26-116-22-23-0069 26-116-22-23-0070 26-116-22-23-0071 26-116-22-23-0072 26-116-22-23-0073 26-116-22-23-0074 26-116-22-23-0075 26-116-22-23-0076 26-116-22-23-0077 26-116-22-23-0078 26-116-22-23-0079 26-116-22-23-0080 27-116-22-14-0038 27-116-22-14-0039 27-116-22-14-0040 27-116-22-14-0041 27-116-22-14-0042 The total amount to be assessed is $89,205.02. Connection Fees 02-116-22-41-0022 The total amount to be assessed is $8,859.00. Tall Grass & Weed Removal 02-116-22-14-0050 14-116-22-31-0031 17-116-22-11-0023 20-116-22-34-0004 20-116-22-42-0022 23-116-22-24-0020 24-116-22-34-0040 26-116-22-42-0007 35-116-22-13-0029 35-116-22-21-0083 The total amount to be assessed is $3,987.17. Tree Removal 1 Year 10-116-22-41-0018 11-116-22-42-0044 12-116-22-24-0006 14-116-22-24-0027 14-116-22-34-0019 15-116-22-34-0024 The total amount to be assessed is $7,435.00. Tree Removal 2 Year 16-116-22-31-0011 The total amount to be assessed is $4,690.00. The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments, who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding 50% of the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Ashton Kogel, Engineering Project Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8316 By order of the City Council Published in the Sun Sailor on October 7, 2021 NOTIFICATION LIST 2021 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST A copy of the Public Hearing Notice has been sent to owners of the following parcels: 03-116-22-22-0041 26-116-22-23-0063 26-116-22-23-0064 26-116-22-23-0065 26-116-22-23-0066 26-116-22-23-0067 26-116-22-23-0068 26-116-22-23-0069 26-116-22-23-0070 26-116-22-23-0071 26-116-22-23-0072 26-116-22-23-0073 26-116-22-23-0074 26-116-22-23-0075 26-116-22-23-0076 26-116-22-23-0077 26-116-22-23-0078 26-116-22-23-0079 26-116-22-23-0080 27-116-22-14-0038 27-116-22-14-0039 27-116-22-14-0040 27-116-22-14-0041 27-116-22-14-0042 02-116-22-14-0050 14-116-22-31-0031 17-116-22-11-0023 20-116-22-34-0004 20-116-22-42-0022 23-116-22-24-0020 24-116-22-34-0040 26-116-22-42-0007 35-116-22-13-0029 35-116-22-21-0083 10-116-22-41-0018 11-116-22-42-0044 12-116-22-24-0006 14-116-22-24-0027 14-116-22-34-0019 15-116-22-34-0024 16-116-22-31-0011 CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: October 26, 2021 DEPARTMENT/DIVISION: Tammy Wilson, 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 285449 - 286354 Wire Transfers 1028892 - 1029170 Wire Transfers 8453 – 8507 Purchasing Card 8478 City of Eden Prairie Council Check Summary 10/26/2021 Division Amount Division Amount 000 General 60 304 Senior Board 15 100 City Manager 126,721 308 E-911 349 101 Legislative 37,307 314 Special Investigations 1,000 102 Legal Counsel 49,596 315 Economic Development 22,141 110 City Clerk 2,150 317 Eden Prairie Players 125 111 Customer Service 22,903 509 CIP Fund 166,129 112 Human Resources 282 512 CIP Trails 10,429 113 Communications 16,411 513 CIP Pavement Management 4,430 114 Benefits & Training 8,381 522 Improvement Projects 2006 14,722 130 Assessing 1,136 532 EP Road Connect Flying Cloud 135 131 Finance 567 538 SingleTree Lane South 10,363 132 Housing and Community Services 15,871 539 2020 Improvement Projects 11,389 133 Planning 204 540 Duck Lake Rd. Reconstruction 30,203 136 Public Safety Communications 5,535 804 100 Year History 470 137 Economic Development 801 Total Capital Projects Fund 271,899 138 Community Development Admin.56 151 Park Maintenance 151,323 601 Prairie Village Liquor 264,793 153 Organized Athletics 752 602 Den Road Liquor 476,702 154 Community Center 32,835 603 Prairie View Liquor 298,921 155 Beaches 263 605 Den Road Building 3,113 156 Youth Programs 27,753 701 Water Enterprise Fund 721,398 157 Special Events 607 702 Wastewater Enterprise Fund 728,466 158 Senior Center 3,122 703 Stormwater Enterprise Fund 122,809 159 Recreation Administration 116 Total Enterprise Fund 2,616,202 162 Arts 6,332 163 Outdoor Center 700 316 WAFTA 69 168 Arts Center 3,656 802 494 Commuter Services 57,968 180 Police Sworn 71,156 806 SAC Agency Fund 67,095 182 Police Civilian 200 807 Benefits Fund 1,966,409 184 Fire 101,390 809 Investment Fund 4,157 186 Inspections 4,624 810 Workers Comp Insurance 193,684 200 Engineering 3,364 811 Property Insurance 5,235 201 Street Maintenance 789,194 812 Fleet Internal Service 189,787 202 Street Lighting 72,387 813 IT Internal Service 154,776 Total General Fund 1,557,755 814 Facilities Capital ISF 244,096 815 Facilites Operating ISF 86,481 301 CDBG 26,945 816 Facilites City Center ISF 231,447 303 Cemetary Operation 3,590 817 Facilites Comm. Center ISF 137,280 312 Recycle Rebate 6,301 Total Internal Svc/Agency Funds 3,338,484 Total Special Revenue Fund 36,836 Report Total 7,821,175 City of Eden Prairie Council Check Register by GL 10/26/2021 Check #Amount Supplier / Explanation Account Description Business Unit Comments 285923 744,528 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance Project 2020 Pavement Mgmt 285515 337,628 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Oct 2021 286115 337,628 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Nov 2021 8486 318,918 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits October 2021 Premiums 8482 278,724 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 09.24.21 8505 268,709 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 10.08.21 8459 267,282 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 09.10.21 8503 195,891 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 09.24.21 8457 195,833 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 08.27.21 286304 193,684 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Coverage Premiums 8480 191,128 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 09.10.21 286104 172,188 JOHNSON CONTROLS Other Contracted Services Facilities Capital EP Boiler Ugrade 8455 159,942 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Aug 2021 8501 126,212 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Sept 2021286162111,607 VALLEY RICH CO INC Improvement Contracts Water Capital Water Main. Rehab/Valve replacement 285955 102,027 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees City Center - Tenant Cost Property tax-8080 Mitchell/8107 Eden Prairie Rd 1029118 100,556 XCEL ENERGY Electric Senior Center Multi location electric 1029065 88,308 XCEL ENERGY Electric Wastewater Lift Station 8478 74,280 USB-PURCHASING CARD Dues & Subscriptions Wasterwater Collection 1029056 66,607 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital 285834 61,632 WUNDERLICH PROPERTIES LLC Deposits General Fund 1028994 59,225 PRAIRIE ELECTRIC COMPANY Other Contracted Services General Community Center 285516 54,123 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1028986 53,328 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Economic Development Fund 285671 51,000 SLACK PAINTING Equipment Repair & Maint Water Supply (Wells) 286294 50,559 JOHNSON CONTROLS Other Contracted Services Facilities Capital 285818 45,455 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 1028988 45,300 LOGIS Network Support IT Operating 286312 43,200 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 1028947 42,104 XCEL ENERGY Electric City Center - CAM 8507 39,806 EMPOWER Deferred Compensation Health and Benefits 1029170 39,759 XCEL ENERGY Electric Traffic Signals 1029163 39,296 REPUBLIC SERVICES #894 Waste Disposal Stormwater Non-Capital 8484 39,210 EMPOWER Deferred Compensation Health and Benefits 285653 33,901 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions City Council 286160 33,866 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating 286169 30,596 BOYER FORD TRUCKS Autos Fleet - Fire 1029098 29,627 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Lift Station 8461 28,793 EMPOWER Deferred Compensation Health and Benefits 285683 27,454 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment 285668 27,346 PUMP AND METER SERVICE Machinery & Equipment Fleet - Gen Gov't 286070 26,084 ABM ONSITE SERVICES-MIDWEST Janitor Service Police (City Cost) 285982 25,230 RAINBOW TREECARE Other Contracted Services Tree Disease 1029043 24,309 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 286256 23,594 BOLTON & MENK INC Design & Engineering 2020 Improvement Projects 1028927 23,458 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 1029102 23,136 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs 285732 21,869 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 8460 21,819 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 8506 21,801 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 8483 21,706 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1029048 21,083 HANSEN THORP PELLINEN OLSON Improvement Contracts Improvement Projects 2006 285954 20,825 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police Sworn 286295 20,350 KIESLER POLICE SUPPLY INC.Capital Under $25,000 Capital Maint. & Reinvestment 285535 19,980 SEBCO INC Other Contracted Services Facilities Capital 8496 19,948 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 285489 19,765 GRAYMONT Treatment Chemicals Water Treatment 285649 19,751 GRAYMONT Treatment Chemicals Water Treatment 286098 19,644 GRAYMONT Treatment Chemicals Water Treatment 285882 18,146 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 285544 17,587 TYLER TECHNOLOGIES INC Software IT Capital 1029159 17,540 MINNESOTA ROADWAYS CO Contract Svcs - Asphalt/Concr.City Center - CAM 286348 16,722 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment 285590 16,645 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 285890 16,308 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 285537 16,233 SSI KEF SLB LLC Electric Water Treatment 285840 16,026 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store848715,730 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 1029060 15,564 STREICHERS EMS Supplies Police Sworn 285966 15,213 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 286034 15,059 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 286284 14,895 GRAYMONT Treatment Chemicals Water Treatment 285711 14,736 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 285838 14,676 GRI EDEN PRAIRIE, LLC Waste Disposal Prairie Village Liquor Store 285719 14,616 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 285579 14,606 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 285458 14,560 BOLTON & MENK INC Design & Engineering Duck Lake Rd. Reconstruction 8469 14,230 FURTHER - AKA SELECT HSA - Employer Health and Benefits 1029054 14,097 PARROTT CONTRACTING INC Improvement Contracts Stormwater Capital 285873 14,032 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 8492 13,911 CHASE Bank and Service Charges Wastewater Accounting 286352 13,530 WINSUPPLY EDEN PRAIRIE MN CO Design & Engineering Economic Development Fund 286341 13,474 SSI KEF SLB LLC Electric Water Treatment 8490 13,317 FURTHER - AKA SELECT HSA - Employee Health and Benefits 285703 13,163 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 285684 13,123 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital 286026 12,914 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 286308 12,627 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 286273 12,607 EDEN PRAIRIE SCHEELS Clothing & Uniforms Utility Operations - General 285904 12,457 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 285755 12,440 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 286313 12,301 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 285511 12,065 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1028983 12,000 CENTERPOINT ENERGY Gas General Community Center 1029147 11,961 ASPEN EQUIPMENT CO.Autos Fleet - Park & Rec 286206 11,842 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1028996 11,772 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 286141 11,369 NATURAL SHORE TECHNOLOGIES INC Other Contracted Services Park Maintenance 286074 11,110 AVOLVE SOFTWARE Software IT Capital 1029113 11,100 POMP'S TIRE SERVICE INC Tires Fleet Operating 285967 10,895 MED ONE CAPITAL FUNDING LLC EMS Supplies-AED Fire 286354 10,638 XTREME INTEGRATION Capital Under $25,000 Capital Maint. & Reinvestment Check #Amount Supplier / Explanation Account Description Business Unit Comments 8453 10,610 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 8471 10,610 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 8502 10,610 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 1028945 10,595 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #1 286044 10,463 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 285648 10,400 GOODPOINT TECHNOLOGY INC Other Contracted Services Park Maintenance 1029161 10,363 ODESA II LLC Improvement Contracts SingleTree Lane South 1029156 10,256 METRO SALES INCORPORATED*Other Rentals IT Operating 285960 10,202 ISG Other Contracted Services Capital Maint. & Reinvestment 1028981 10,107 BACHMANS CREDIT DEPT Landscape Materials/Supp Reforestation 286274 10,100 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital 286347 9,851 VERIZON WIRELESS Other Contracted Services IT Operating 285783 9,838 GENERAL REPAIR SERVICE Repair & Maint. Supplies Water Treatment 285785 9,772 GRAYMONT Treatment Chemicals Water Treatment 286217 9,712 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 285952 9,682 GRAYMONT Treatment Chemicals Water Treatment 286233 9,616 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 285562 9,565 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store10290409,534 BIFFS INC Waste Disposal Utility Operations - General 286186 9,523 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 286173 9,477 WHEN I WORK INC Other Contracted Services Community Center Admin 285855 9,315 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 286146 9,250 PROP Other Contracted Services Housing and Community Service 286071 9,243 AIRGAS USA LLC Supplies - Pool Pool Maintenance 286205 9,057 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1029116 9,009 STREICHERS Equipment Repair & Maint Fire 1029021 9,000 CLAREY'S SAFETY EQUIPMENT EMS Supplies-EMS Supplies Fire 285864 8,987 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 285817 8,946 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Fire Station #1 8473 8,874 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 285578 8,861 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 285970 8,620 METRO HEATING & COOLING Other Contracted Services Rehab 1029117 8,504 WM MUELLER AND SONS INC Asphalt Overlay Stormwater Collection 285899 8,417 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 286011 8,411 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1029002 8,306 XCEL ENERGY Electric Forest Hills Park 285911 8,220 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 285616 8,197 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1029146 8,180 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 285847 8,136 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1028929 8,096 ELECTRIC PUMP Equipment Repair & Maint Wasterwater Collection 285532 7,980 RAINBOW TREECARE Other Contracted Services Tree Disease 286033 7,868 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1029149 7,863 BIFFS INC Waste Disposal Utility Operations - General 285875 7,849 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 285747 7,606 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 285786 7,518 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 285936 7,472 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 1029042 7,465 CENTERPOINT ENERGY Gas Prairie View Liquor Store 285776 7,442 DG CENTRAL 1 LLC Electric Facilities Operating ISF 286225 7,415 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 286193 7,335 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 286053 7,319 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 285470 7,245 COMMERCIAL ASPHALT CO Seal Coating Street Maintenance 286061 7,235 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 286296 7,200 KLEIN UNDERGROUND LLC Equipment Repair & Maint Water Distribution 285881 7,180 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 286232 7,176 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 286153 7,018 SAFETY VEHICLE SOLUTIONS Other Contracted Services Fire 286243 6,973 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 286069 6,900 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 285533 6,762 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events 1028940 6,750 STREICHERS Clothing & Uniforms Police Sworn 285996 6,740 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 285530 6,682 PRESCRIPTION LANDSCAPE Other Contracted Services Den Bldg. - CAM 286349 6,650 WATER CONSERVATION SERVICES INC Equipment Repair & Maint Water Distribution 285985 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 286259 6,443 CATALYST GRAPHICS INC Printing Recycle Rebate 285790 6,443 HINTERLAND CSG LLC Electric Facilities Operating ISF 1028946 6,366 WM MUELLER AND SONS INC Repair & Maint. Supplies Park Maintenance 285546 6,336 WM CORPORATE SERVICES INC Waste Disposal Yard Waste Site2856826,251 VERIZON WIRELESS Other Contracted Services IT Operating 286301 6,225 LANO EQUIPMENT INC Other Contracted Services Capital Maint. & Reinvestment 286018 6,204 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 285696 6,147 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 285688 5,933 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 285887 5,932 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 286199 5,919 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1028935 5,915 MTI DISTRIBUTING INC Equipment Parts Park Maintenance 286147 5,881 PROP Other Contracted Services CDBG - Public Service 285824 5,808 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 285607 5,772 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 285605 5,728 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 285498 5,652 HOPKINS SPORTS CAMPS LLC Instructor Service Camps 8495 5,644 CARD CONNECT Bank and Service Charges Community Center Admin 285655 5,638 MACQUEEN EQUIPMENT INC Protective Clothing Fire 1029106 5,616 HAWKINS INC Treatment Chemicals Water Treatment 286350 5,572 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital 286087 5,500 CORE & MAIN Repair & Maint. Supplies Water Distribution 285496 5,500 HENNEPIN COUNTY MEDICAL CENTER Training Fire 286285 5,500 GREAT RIVER ENERGY Deposits General Fund 286028 5,384 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 286051 5,373 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 285712 5,284 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 285768 5,262 COMMERCIAL ASPHALT CO Seal Coating Stormwater Collection 285803 5,250 MARTIN-MCALLISTER Employment Support Test Organizational Services 286067 5,179 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1028931 5,167 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 285791 5,148 HOFFMAN & MCNAMARA Landscape Materials/Supp Reforestation 285713 5,145 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 285595 5,123 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 285874 5,103 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 286346 5,000 THUNDER BEAR PAINTING LLC Contract Svcs - General Bldg Historical Buildings 1028993 4,967 PARROTT CONTRACTING INC Equipment Repair & Maint Stormwater Collection 1028923 4,913 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects 285665 4,859 POSTMASTER Postage Communications Check #Amount Supplier / Explanation Account Description Business Unit Comments 286027 4,835 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 285580 4,831 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 285950 4,800 FIRE SAFETY USA INC Small Tools Fire 285510 4,773 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Wasterwater Collection 1029104 4,771 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 285807 4,680 MINNESOTA STUCCO AND RENOVATIONS LLC Contract Svcs - General Bldg Cummins Grill House 285463 4,630 CHICO BAG Operating Supplies Stormwater Non-Capital 8493 4,620 FURTHER - AKA SELECT HRA Health and Benefits 285926 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 285780 4,590 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Elevate Apts 286060 4,574 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1029001 4,419 WM MUELLER AND SONS INC Gravel Water Distribution 285589 4,404 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 285494 4,371 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 286286 4,371 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 285909 4,292 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 285481 4,217 FEHN LUANN Other Contracted Services Rehab 1029064 4,179 WM MUELLER AND SONS INC Repair & Maint. Supplies Stormwater Collection84744,157 PFM ASSET MANAGEMENT LLC Interest Investment Fund 285646 4,117 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 285552 4,072 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 286214 4,056 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 285519 4,017 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 285695 3,971 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 285728 3,952 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 285606 3,886 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 286177 3,879 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 285860 3,866 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 285536 3,850 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Disease 285548 3,844 P.L. MANAGEMENT Deposits General Fund 286178 3,830 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 286081 3,751 BROWN TERRANCE Developer Fees General Fund 286307 3,712 LYNCH CAMPS INC Instructor Service Camps 286064 3,659 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 285454 3,637 AT YOUTH PROGRAMS LLC Instructor Service Tennis 286010 3,632 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 286319 3,615 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 285900 3,600 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 286305 3,596 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 285500 3,596 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 285647 3,572 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution 285545 3,562 VERIZON WIRELESS Data Plans - Police IT Operating 285969 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 286004 3,431 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 285522 3,421 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 286024 3,413 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 285523 3,380 MOBILE PRO SYSTEMS Equipment Repair & Maint Police Sworn 285615 3,361 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 285561 3,305 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1029039 3,301 ANCHOR PAPER COMPANY Office Supplies Customer Service 285553 3,301 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 286052 3,293 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 285718 3,290 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286246 3,252 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 285506 3,239 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 1029144 3,231 VAN PAPER COMPANY Contract Svcs - Fire/Life/Safe General Community Center 286252 3,214 AVOLVE SOFTWARE Software IT Capital 285621 3,188 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 285771 3,169 COVERTTRACK GROUP Other Contracted Services Police Sworn 286200 3,127 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 286321 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service 286111 3,117 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 286148 3,090 PROP Other Contracted Services CDBG - Public Service 8489 3,065 PAYA Bank and Service Charges Wastewater Accounting 286108 3,048 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 285495 3,030 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 285476 3,023 DREAMSEATS LLC Operating Supplies Fire 285903 3,013 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 286329 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1029058 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 285541 2,997 SUBURBAN RATE AUTHORITY Dues & Subscriptions City Council2862542,993 BARNUM GATE SERVICES INC Building Repair & Maint.Utility Operations - General 285901 2,989 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 286226 2,979 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1029169 2,975 WM MUELLER AND SONS INC Asphalt Overlay Stormwater Collection 285737 2,968 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 285779 2,940 DSO ARCHITECTURE INC Contract Svcs - General Bldg Senior Center 285575 2,925 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 286002 2,918 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1029093 2,893 SITEONE LANDSCAPE SUPPLY, LLC Operating Supplies Park Maintenance 285700 2,888 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 285746 2,854 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1028987 2,840 HAWKINS INC Treatment Chemicals Water Treatment 1029153 2,840 HAWKINS INC Treatment Chemicals Water Treatment 285798 2,836 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 286265 2,829 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 286332 2,790 RAINBOW TREECARE Other Contracted Services Tree Disease 285984 2,778 RESOURCE ENVIRONMENTAL SOLUTIONS LLC Other Contracted Services Park Maintenance 286353 2,755 WM CORPORATE SERVICES INC Waste Disposal Fire Station #4 285740 2,704 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 8498 2,703 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 285828 2,699 TARGETSOLUTIONS LEARNING, LLC Software Maintenance IT Operating 285686 2,678 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 285628 2,672 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Park Maintenance 285527 2,658 NATIVE RESOURCE PRESERVATION Other Contracted Services Park Maintenance 285526 2,647 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Preschool Events 1029166 2,643 STREICHERS Clothing & Uniforms Police Sworn 285669 2,616 READY WATT ELECTRIC Other Contracted Services Emergency Management 1028932 2,615 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Fleet Operating 286075 2,580 AVR INC Asphalt Overlay Stormwater Collection 285769 2,565 CORE & MAIN Repair & Maint. Supplies Capital Maint. & Reinvestment 285708 2,565 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 286083 2,565 CENTURYLINK Telephone City Center - CAM 286040 2,550 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1028964 2,532 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 285586 2,462 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 285823 2,432 SMSC ENTERPRISES Landscape Materials/Supp Park Maintenance 286163 2,384 WAYNES HOME SERVICES Window Washing Fire Station #4 286212 2,300 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1029099 2,296 BOYER TRUCKS Equipment Parts Fleet Operating 8485 2,281 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 286179 2,259 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 285997 2,250 VINELAND TREE CARE Other Contracted Services Tree Removal 286191 2,233 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1029055 2,223 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 286196 2,216 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 285492 2,179 GYM WORKS Equipment Repair & Maint Fitness Center 286322 2,132 NEILL LAKE TOWNHOMES AR Utility Water Enterprise Fund 286275 2,123 EPIC EVENT RENTAL Other Contracted Services Internal Events 286221 2,057 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 285752 2,052 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1029046 2,050 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 285499 2,047 HP INC Computers - Monitors IT Operating 285739 2,044 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store2858542,028 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 285674 2,005 STATE OF MINNESOTA Autos Fleet - Park & Rec 285799 2,000 LEHTO DANIEL Rebates Stormwater Non-Capital 286150 2,000 PROP Other Contracted Services CDBG - Public Service 1029028 1,978 HIRSHFIELD'S Operating Supplies Park Maintenance 285761 1,940 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 285451 1,935 ARVIG ENTERPRISES INC Fiber Lease Payments IT Operating 286072 1,935 ARVIG Fiber Lease Payments IT Operating 285959 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 285568 1,917 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 286190 1,912 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1029087 1,910 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 285735 1,905 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1029132 1,898 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 285675 1,890 STATE OF MINNESOTA Autos Fleet - Park & Rec 286143 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service 285744 1,847 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 285943 1,840 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1028944 1,838 VISTAR CORPORATION Merchandise for Resale Concessions 285760 1,835 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 1029158 1,830 MINNESOTA RECREATION & PARK ASSOCIATION Conference/Training Park Maintenance 1029051 1,811 METRO SALES INCORPORATED*Equipment Rentals IT Operating 286326 1,779 PARAGON DEVELOPMENT SYSTEMS Hardware - R&M IT Operating 285651 1,773 IDN-H. HOFFMAN, INC Supplies - General Bldg Fitness/Conference - Cmty Ctr 285896 1,763 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1029023 1,758 DAILEY DATA & ASSOCIATES Software/Hardware Maint.Prairie View Liquor Store 285603 1,754 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 285764 1,750 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 286095 1,745 FIRST ARRIVING, LLC Equipment Repair & Maint Public Safety Communications 1029083 1,741 FASTENAL COMPANY Operating Supplies Fleet Operating 285455 1,740 AVR INC Asphalt Overlay Stormwater Collection 285687 1,730 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 285793 1,717 ISG Other Contracted Services Capital Maint. & Reinvestment 285612 1,713 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 286082 1,711 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 286185 1,677 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 286038 1,661 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 285486 1,648 GEORGE LEE Rebates Stormwater Non-Capital 286227 1,631 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 285848 1,629 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 286109 1,582 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 285964 1,580 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 285559 1,575 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 286166 1,575 WRAP CITY GRAPHICS Equipment Repair & Maint Water Treatment 285839 1,567 PERA Wages and Benefits 494 Corridor Commission 286144 1,567 PERA Wages and Benefits 494 Corridor Commission 286327 1,567 PERA Wages and Benefits 494 Corridor Commission 285716 1,560 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 286076 1,546 BADGER METER Telephone Water Metering 285554 1,542 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1028966 1,528 CONCRETE CUTTING AND CORING Landscape Materials/Supp Stormwater Collection 285844 1,514 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 285819 1,500 RESOURCE ENVIRONMENTAL SOLUTIONS LLC Maintenance Contracts Stormwater Non-Capital2862971,500 KOLB MARCIA Rebates Stormwater Non-Capital 286339 1,500 SEVERSON NIK Rebates Stormwater Non-Capital 286065 1,498 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 286223 1,476 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 286289 1,463 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 285859 1,462 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 285938 1,450 DAXKO LLC Software Maintenance IT Operating 285886 1,445 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1028922 1,444 VAN PAPER COMPANY Cleaning Supplies General Community Center 286112 1,444 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fleet Operating 285951 1,440 GRAY ENGINEERING LLC Other Contracted Services Capital Maint. & Reinvestment 286336 1,426 RIFFLAND SOLUTIONS Operating Supplies Water Conservation 285767 1,398 CHARGEPOINT Dues & Subscriptions Community Center Admin 8479 1,394 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 285948 1,393 ENVIROTECH SERVICES, INC Other Contracted Services Street Maintenance 8454 1,388 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 1029152 1,378 GRAINGER Repair & Maint. Supplies General Community Center 285842 1,374 YORKTOWN OFFICES Rent 494 Corridor Commission 286239 1,365 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1029105 1,352 GRAINGER Supplies - Electrical Water Treatment 285520 1,350 MINNESOTA STATE FIRE CHIEFS ASSN Conference/Training Fire 285721 1,350 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 286149 1,350 PROP Other Contracted Services CDBG - Public Service 1029100 1,350 CENTERPOINT ENERGY Gas Senior Center 1028967 1,343 GOPHER STATE ONE-CALL Other Contracted Services Water Distribution 1028974 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost) 286048 1,318 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1029126 1,312 VINOCOPIA Liquor Product Received Prairie View Liquor Store 285816 1,300 PRECISE MRM LLC Other Contracted Services Fleet Operating 285626 1,297 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 1029061 1,296 TOWMASTER INC Equipment Parts Fleet Operating 1028906 1,294 AMERICAN ENGINEERING TESTING INC Other Contracted Services CIP Trails 285663 1,290 MN MECHANICAL SOLUTIONS INC Equipment Repair & Maint Water Treatment 1029109 1,285 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1 286068 1,282 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286016 1,271 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 286114 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 285478 1,249 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Park & Rec 8488 1,228 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 285879 1,222 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 285762 1,205 BOUND TREE MEDICAL LLC EMS Supplies Fire 285539 1,200 STARLETTES WEB Other Contracted Services Arts in the Park 286277 1,200 F I R E Training Fire 286245 1,190 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 286145 1,184 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.City Center - CAM 1029130 1,184 BERRY COFFEE COMPANY Merchandise for Resale Concessions 286208 1,176 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 8470 1,163 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 1028900 1,163 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 286155 1,150 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 285980 1,149 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 285870 1,138 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 286238 1,134 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store2859741,126 MUNICODE Other Contracted Services Records Management 286091 1,125 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 285715 1,122 DOMACE VINO Liquor Product Received Den Road Liquor Store 285456 1,121 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 8494 1,110 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 286084 1,106 CENTURYLINK Other Contracted Services Water Treatment 285625 1,102 WINEBOW Liquor Product Received Prairie View Liquor Store 285957 1,100 HERRERA CADEX Other Contracted Services Arts 286203 1,098 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1028896 1,096 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 285631 1,085 AVR INC Asphalt Overlay Street Maintenance 285697 1,085 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 285512 1,083 MARCO INC Hardware - R&M IT Operating 286113 1,083 MARCO INC Hardware - R&M IT Operating 285660 1,083 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 285540 1,069 STICKS TAVERN Special Event Fees Senior Center Programs 285630 1,065 ASPEN MILLS Clothing & Uniforms Police Sworn 285917 1,056 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 285968 1,050 MEDICINE LAKE TOURS Special Event Fees Trips 8467 1,041 FURTHER - AKA SELECT FSA - Medical Health and Benefits 1028956 1,035 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1029074 1,022 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 286096 1,020 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 286154 1,020 SCHLOMKA SERVICES LLC Contract Svcs - Plumbing Maintenance Facility 286317 1,016 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 286080 1,003 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe General Community Center 285781 1,000 EULL'S MANUFACTURING CO INC Other Contracted Services Capital Maint. & Reinvestment 286106 1,000 KLEIN KYLE Deposits General Fund 286328 1,000 PETTY CASH-POLICE DEPT Miscellaneous Special Investigations 285949 990 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering 286090 990 DAYROBB BATTERIES PLUS Supplies - Pool Fleet Operating 285581 989 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 285796 980 LAVAN FLOOR COVERING Other Contracted Services Prairie Village Liquor Store 1028998 971 STREICHERS Clothing & Uniforms Police Sworn 286342 970 STAPLES ADVANTAGE Office Supplies Recycle Rebate Check #Amount Supplier / Explanation Account Description Business Unit Comments 285802 969 MACQUEEN EQUIPMENT INC Small Tools Fire 286094 968 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 1028926 964 CDW GOVERNMENT INC.Hardware - R&M IT Operating 286167 963 MINNESOTA DEPARTMENT OF COMMERCE AR Utility Water Enterprise Fund 286272 961 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 285679 960 THE ADVENT GROUP Temp 494 Corridor Commission 285602 952 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 285749 951 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 1028985 951 GRAINGER Repair & Maint. Supplies City Center - CAM 285654 948 LLOYDS CONSTRUCTION Other Contracted Services Capital Maint. & Reinvestment 285868 941 WINEBOW Liquor Product Received Prairie Village Liquor Store 1029121 937 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1029111 932 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1029165 931 SPS COMPANIES Supplies - HVAC Park Shelters 286175 926 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 285480 912 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Stormwater Collection 285714 911 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1029067 908 VINOCOPIA Liquor Product Received Prairie Village Liquor Store1029011903BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1028924 901 ANCHOR PAPER COMPANY Office Supplies Customer Service 285547 900 BIZSTORY.BIZ LLC Other Contracted Services Police Sworn 1029086 900 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 285501 890 INDIGO SIGNWORKS, INC.Printing Fire 285867 889 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1029097 889 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 1028950 885 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 285849 884 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1029089 882 OLSEN CHAIN & CABLE Other Contracted Services Capital Maint. & Reinvestment 285789 880 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 1029162 872 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Treatment 286230 866 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 285549 858 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 286287 856 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 286165 853 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 1029167 852 TWIN CITY SEED CO Other Contracted Services Capital Maint. & Reinvestment 285876 851 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 286298 850 KRAFT MATTHEW E Other Contracted Services Theatre Initiative 285573 837 WINEBOW Liquor Product Received Prairie Village Liquor Store 285677 833 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 285813 831 OXYGEN SERVICE COMPANY Cable TV Fire 285906 827 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 285633 825 BERG-JOHNSON ASSOCIATES INC Repair & Maint. Supplies Water Treatment 286170 819 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 286046 807 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 285705 800 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 286158 800 THE ADVENT GROUP Temp 494 Corridor Commission 285971 795 MIDAS Equipment Repair & Maint Fleet Operating 286031 795 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1028939 785 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Repair & Maint. Supplies Park Maintenance 285502 780 INTERSTATE ALL BATTERY CENTER Repair & Maint - Ice Rink Ice Arena Maintenance 286003 779 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1029124 778 VINOCOPIA Liquor Product Received Den Road Liquor Store 1029151 774 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 286117 773 MIDAS Equipment Repair & Maint Fleet Operating 1029050 773 MENARDS Operating Supplies Fire 286182 771 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1029072 768 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 286351 762 WHEELER LUMBER LLC Other Contracted Services Capital Maint. & Reinvestment 285983 760 RESA POWER LLC Equipment Repair & Maint Water Treatment 8456 757 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 285794 756 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 285919 750 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Wasterwater Collection 285902 749 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 286089 748 DALCO Janitor Service City Center - CAM 1029090 745 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1029155 742 MENARDS Repair & Maint. Supplies Fire Station #2 1029081 740 CLAREY'S SAFETY EQUIPMENT Capital Under $25,000 Emergency Management 286022 720 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 286030 716 DOMACE VINO Liquor Product Received Den Road Liquor Store 285727 712 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1028959 710 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store1028963708WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1029107 702 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 1029145 698 WSB & ASSOCIATES INC Design & Engineering Improvement Projects 2006 286247 695 AIRGAS USA LLC Supplies - Pool Pool Maintenance 285667 695 PROP Other Contracted Services CDBG - Public Service 285588 693 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 286157 690 STAPLES ADVANTAGE Office Supplies Utility Operations - General 285484 690 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 286161 687 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 285811 686 NATIVE RESOURCE PRESERVATION Other Contracted Services Park Maintenance 8500 684 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1028962 684 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 286099 682 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 285593 668 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 285852 659 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 286264 655 COMPAS Instructor Service Outreach 285774 650 D H EXCAVATING Burial & Marker Fees Pleasant Hill Cemetery 1028899 650 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1028953 648 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1029110 647 METRO SALES INCORPORATED*Operating Supplies IT Operating 285666 645 PRESCRIPTION LANDSCAPE Building Materials Capital Outlay Parks 286260 644 CENTURYLINK Internet Water Distribution 1028916 641 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 285918 639 AIRGAS USA LLC EMS Supplies-Oxygen Supplies Fire 285490 630 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1029062 630 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1028936 630 PITNEY BOWES Postage Customer Service 1029114 628 PREMIUM WATERS INC Operating Supplies - Water Fire 8458 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 8481 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 8504 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 285827 621 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Police (City Cost) 285643 612 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 285594 608 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 285482 605 FIRE SAFETY USA INC Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 285464 600 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 285958 600 IDEA CREEK LLC,THE Operating Supplies-Award/Retir Fire 286345 600 THE ADVENT GROUP Temp 494 Corridor Commission 1028977 600 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - General Bldg Ice Arena Maintenance 1029027 599 GREATAMERICA FINANCIAL SVCS Postage Customer Service 285487 596 GERTENS Landscape Materials/Supp Street Maintenance 285509 595 LEIFELD FRAMING Other Contracted Services Police Sworn 285994 586 TWIN CITIES FLAG SOURCE, INC Operating Supplies Fire 1029069 580 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 285692 578 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 286007 575 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 285638 574 CENTURYLINK Internet Water Distribution 1028989 574 MENARDS Operating Supplies Utility Operations - General 1029068 572 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 285564 570 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 285841 566 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 285673 565 STAPLES ADVANTAGE Office Supplies Utility Operations - General 1029125 561 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store285524560MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications 285963 560 KAISER, DAVID S Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr 1029063 560 WALL TRENDS INC Other Contracted Services Facilities Capital 285987 559 ST CROIX LINEN LLC Operating Supplies-Linens Fire 285543 555 THE ADVENT GROUP Temp 494 Corridor Commission 1028937 554 REINDERS INC Chemicals Round Lake 286015 554 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 285518 547 MINNESOTA AIR INC Building Repair & Maint.City Center - CAM 1029006 547 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1029076 547 VINOCOPIA Liquor Product Received Prairie View Liquor Store 286201 546 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 285908 545 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 285635 544 BOUND TREE MEDICAL LLC EMS Supplies Fire 1029036 543 THE OASIS GROUP Employee Assistance Organizational Services 285736 541 WINEBOW Liquor Product Received Den Road Liquor Store 286168 540 WILD ONES PRAIRIE EDGE P&R Refunds Community Center Admin 286213 540 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 285878 536 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 286105 535 JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM 286204 533 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 285894 532 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1029108 532 MENARDS Repair & Maint. Supplies Wasterwater Collection 285592 529 MEGA BEER Liquor Product Received Den Road Liquor Store 1029071 529 VINOCOPIA Liquor Product Received Den Road Liquor Store 286255 526 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 285809 523 MN DEPARTMENT OF NATURAL RESOURCES Other Rentals Park Maintenance 1029037 521 VAN PAPER COMPANY Cleaning Supplies General Community Center 285929 518 CINTAS CORPORATION Safety Supplies Community Center Admin 285567 518 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 285914 517 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 285722 517 MEGA BEER Liquor Product Received Den Road Liquor Store 285820 516 SAMBATEK INC Maintenance Contracts Water Treatment 286331 516 PROP Other Contracted Services CDBG - Public Service 1029150 512 BOYER TRUCKS Equipment Parts Fleet Operating 285989 510 STAPLES ADVANTAGE Office Supplies Customer Service Check #Amount Supplier / Explanation Account Description Business Unit Comments 285659 510 MINNESOTA CHIEFS OF POLICE ASSOC Conference/Training Police Sworn 286036 510 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 285717 507 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 285915 505 WINEBOW Liquor Product Received Prairie View Liquor Store 1029047 503 GRAINGER Cleaning Supplies Facilities Staff 1028902 503 VINOCOPIA Liquor Product Received Prairie View Liquor Store 286268 500 DELGADO ROBERTO Other Contracted Services TIF-Elevate Apts 286299 500 KRUG MOJSILOV INDOOR OUTDOOR Other Contracted Services TIF-Elevate Apts 286311 500 MCLAUGHLIN MICHAEL Other Contracted Services TIF-Elevate Apts 286202 499 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1029092 498 ROTO-ROOTER Contract Svcs - Plumbing Park Shelters 8497 497 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 285620 492 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 285784 488 GOLDEN VALLEY SUPPLY CO Supplies - General Bldg Fire Station #1 1028933 486 MENARDS Repair & Maint. Supplies Facilities Staff 1029168 485 VISTAR CORPORATION Merchandise for Resale Concessions 285961 484 ITL PATCH COMPANY INC Clothing & Uniforms Volunteers 286059 481 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store285681480TURNER PSYCHOTHERAPY Other Contracted Services Police Sworn 286025 480 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 286049 480 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 285895 478 WINEBOW Liquor Product Received Den Road Liquor Store 286097 478 GERTENS Landscape Materials/Supp Park Maintenance 286237 477 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 286057 476 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 285542 475 TEDDY BEAR BAND Other Contracted Services Staring Lake Concert 286140 473 NAC Contract Svcs - Plumbing Pool Maintenance 286323 472 NOACK JEFFREY AR Utility Water Enterprise Fund 1029015 470 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 286315 467 MINNEAPOLIS REGIONAL CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission 285944 465 EARL F ANDERSEN INC Signs Miller Park 286180 463 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 285999 461 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 285517 455 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 285658 455 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 285690 452 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 285678 450 SUPERIOR STRIPING INC Other Contracted Services Facilities Capital 285812 445 OLSEN'S EMBROIDERY/COMPANY Protective Clothing Yard Waste Site 285723 445 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 286209 441 MEGA BEER Liquor Product Received Den Road Liquor Store 285743 437 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1028925 436 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 1029148 436 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 1028905 434 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 285800 429 LLOYDS CONSTRUCTION Other Contracted Services Capital Maint. & Reinvestment 286006 428 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 1029000 428 VISTAR CORPORATION Merchandise for Resale Concessions 1029136 426 FASTENAL COMPANY Operating Supplies Fleet Operating 286159 425 TWIN CITIES & WESTERN RAILROAD COMPANY Licenses, Taxes, Fees Utility Operations - General 286116 425 MHSRC/RANGE Other Contracted Services Senior Center Programs 1028955 423 VINOCOPIA Liquor Product Received Den Road Liquor Store 285577 422 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 285475 421 DODGE OF BURNSVILLE Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 286253 420 AVR INC Operating Supplies Street Maintenance 286251 420 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 285927 419 CENTURYLINK Telephone IT Operating 285988 419 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn 285778 419 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1029025 418 FASTENAL COMPANY Safety Supplies Fleet Operating 1029012 414 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 285962 413 J H LARSON COMPANY Repair & Maint. Supplies Facilities Staff 285474 413 DETECTACHEM INC Operating Supplies Police Sworn 285582 413 DOMACE VINO Liquor Product Received Den Road Liquor Store 285922 413 AVR INC Asphalt Overlay Stormwater Collection 1029131 410 BOUNDLESS NETWORK Operating Supplies Stormwater Non-Capital 285965 409 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Fire 1029014 406 VINOCOPIA Liquor Product Received Prairie View Liquor Store 285508 398 LEGACY SORBENTS & SUPPLY COMPANY Operating Supplies Fire 286023 396 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 286195 396 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 285597 395 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store286215395PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 285770 393 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 285837 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service 285888 388 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1028930 386 GRAINGER Repair & Maint. Supplies General Community Center 285763 386 BRO-TEX INC Operating Supplies Fleet Operating 1029024 384 EICHMAN NATHAN Canine Supplies Police Sworn 286192 382 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1029020 381 CARLSTON, BRANDON Canine Supplies Police Sworn 285608 380 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 286056 380 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 286293 380 J H LARSON COMPANY Supplies - Electrical City Center - CAM 285765 378 BYINGTON GERALD Travel Expense Fleet Operating 285691 378 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 286228 376 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 286270 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 1028898 375 VINOCOPIA Liquor Product Received Den Road Liquor Store 286290 375 INDIGO SIGNWORKS, INC.Printing Fall Harvest 1029085 373 JOHNSTONE SUPPLY Supplies - HVAC General Community Center 285745 371 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 285485 369 GENERAL REPAIR SERVICE Repair & Maint. Supplies Water Treatment 286240 369 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1029077 367 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 285806 360 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Water Treatment 286079 360 BOOM LUKE Repair & Maint. Supplies Facilities Capital 1029142 357 ROTO-ROOTER Contract Svcs - Plumbing Park Shelters 286292 356 IRON MALTESE ATHLETICS Training Fire 285756 354 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 286306 350 LUX, EMILY LOUISE Other Contracted Services Theatre Initiative 286330 348 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Den Bldg. - CAM 285866 342 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 285766 342 CENTURYLINK Internet Staring Lake 1028934 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating 285750 337 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286197 334 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 285782 333 FASTSIGNS Signs Miller Park 1028921 333 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 1029141 331 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 286216 328 SMALL LOT MN Liquor Product Received Den Road Liquor Store 1029045 324 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 285565 320 MEGA BEER Liquor Product Received Prairie Village Liquor Store 285483 320 FIRECOM Equipment Repair & Maint Public Safety Communications 286291 320 INSTITUTE OF TRANSPORTATION ENGINEERS Dues & Subscriptions Street Maintenance 285493 320 HAGERT CASEY Mileage & Parking Youth Programs Admin 1028918 319 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1029052 316 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 286343 316 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 285788 315 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 1029112 313 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Fire Station #1 285998 313 WILSONS NURSERY INC Landscape Materials/Supp Park Maintenance 285550 313 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 285604 313 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1029026 312 GOODIN COMPANY Supplies - Pool Pool Maintenance285576308BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 286000 308 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 285557 308 DRUMCONRATH BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 285583 308 DRUMCONRATH BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 285610 308 DRUMCONRATH BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 285529 307 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 285884 305 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 285941 305 DIGI-KEY Repair & Maint. Supplies Water Treatment 285699 302 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 285531 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs 285831 300 TREE STUMP CO THE Contract Svcs - General Bldg Dunn Brothers 285850 300 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 285871 300 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 286300 300 LAKE COUNTRY DOOR LLC Building Repair & Maint.Utility Operations - General 285801 296 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 285617 296 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 285877 293 DOMACE VINO Liquor Product Received Den Road Liquor Store 285751 292 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 285566 288 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286019 288 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store 286029 287 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 285892 285 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1029157 282 MINNESOTA EQUIPMENT Equipment Parts Street Maintenance 285851 281 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 8462 280 OPTUM HEALTH Other Contracted Services Health and Benefits 1029059 278 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Repair & Maint. Supplies Park Maintenance 1029049 277 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment 285698 277 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286235 276 MEGA BEER Liquor Product Received Prairie View Liquor Store 286248 275 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store 285479 275 ESTATE OF LAURA R TONGEN AR Utility Water Enterprise Fund 286281 275 GIRARD'S BUSINESS SOLUTIONS INC Other Contracted Services Wastewater Accounting 285981 274 PROP - PR Charitable Contributions Health and Benefits 286055 273 DRUMCONRATH BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1028920 270 STAAF, CARTER Tuition Reimbursement/School Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 286337 270 ROCK HARD LANDSCAPE Other Contracted Services Capital Maint. & Reinvestment 285757 270 AIRGAS USA LLC Supplies - Pool Pool Maintenance 285741 269 DOMACE VINO Liquor Product Received Prairie View Liquor Store 285973 266 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1029010 266 VINOCOPIA Liquor Product Received Den Road Liquor Store 286017 265 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 285584 265 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store 285832 265 US POSTMASTER - HOPKINS Postage Customer Service 285858 264 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1029031 263 PARKER, WARD Operating Supplies Fire 1029084 263 GETSCHOW, RICK Travel Expense Administration 1028979 262 VAN PAPER COMPANY Supplies - General Bldg General Community Center 285758 262 ANDERSON EMILY Travel Expense Fire 285787 262 HANSON ERICA Travel Expense Fire 285885 257 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 286013 256 MEGA BEER Liquor Product Received Prairie Village Liquor Store 286271 253 DIRECTV Cable TV Community Center Admin 286218 248 STACKED DECK BREWING Liquor Product Received Den Road Liquor Store285942247DIRECTVCable TV Community Center Admin 1028915 247 OLDEFENDT ALEX Travel Expense Assessing 1028919 247 REXFORD ZACHARY Travel Expense Assessing 285907 246 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286302 246 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 285618 246 MEGA BEER Liquor Product Received Prairie View Liquor Store 285730 246 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 286047 245 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1028971 245 LINDAHL, DAVID Travel Expense Economic Development 286005 243 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 286039 242 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 285836 242 DELTA DENTAL Wages and Benefits 494 Corridor Commission 286269 242 DELTA DENTAL Wages and Benefits 494 Corridor Commission 286058 242 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1029003 240 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 8476 239 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 285830 237 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 1028912 236 GRINOLS MORGAN Travel Expense Utility Operations - General 1029044 236 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1029078 236 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1028894 236 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 8472 235 US BANK - PAYMODE Bank and Service Charges Finance 285555 234 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 285613 234 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1029139 234 METROPOLITAN FORD Equipment Parts Fleet Operating 1028961 232 VINOCOPIA Liquor Product Received Prairie View Liquor Store 285591 231 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1029038 230 WISE JAMES J Travel Expense Assessing 1028908 230 BUESGENS RYAN Mileage & Parking Facilities Staff 1028951 228 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 286001 228 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 285710 225 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 286093 225 EDEN PRAIRIE NOON ROTARY CLUB Conference/Training Housing and Community Service 285846 223 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1029095 221 VAN PAPER COMPANY Cleaning Supplies General Community Center Check #Amount Supplier / Explanation Account Description Business Unit Comments 285563 221 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 285814 220 PAPCO INC Cleaning Supplies General Community Center 285829 220 THE ADVENT GROUP Temp 494 Corridor Commission 285720 219 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 8466 219 VANCO SERVICES Bank and Service Charges Wastewater Accounting 285993 217 TILLER CORPORATION Outside Water Sales Water Enterprise Fund 285775 216 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance 286035 213 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1029008 212 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 286249 212 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 285614 210 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 285935 210 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 286320 210 MORRISON CAROLINE Other Contracted Services Theatre Initiative 285857 209 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1028903 209 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 286241 209 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 1028957 208 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 286188 207 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store286210207MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 285825 207 STAPLES ADVANTAGE Office Supplies Customer Service 285670 206 SHRED RIGHT Waste Disposal General Community Center 285601 205 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store 285893 205 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store 285853 204 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1029123 204 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1029164 203 SPRINT Cell Phones 494 Corridor Commission 285637 203 CARTER JASON Mileage & Parking Facilities Staff 285627 200 ACE PAINTLESS DENT REPAIR Equipment Repair & Maint Fleet Operating 285976 200 NEW HORIZON ACADEMY False Alarm Fees Police Civilian 1028910 198 EICHMAN NATHAN Canine Supplies Fleet Operating 285845 198 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 285872 198 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 285897 198 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 286340 198 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 285795 197 LANO EQUIPMENT INC Equipment Parts Fleet Operating 285742 196 FAT PANTS BREWING CO LLC Liquor Product Received Prairie View Liquor Store 1028968 194 HACH COMPANY Laboratory Chemicals Water Treatment 1028965 192 CARLON, JOHN Mileage & Parking Utility Operations - General 1028969 192 HORGAN, KEVIN M Mileage & Parking Utility Operations - General 285652 191 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating 286139 190 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance 286211 190 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 286280 190 GENERAL REPAIR SERVICE Repair & Maint. Supplies Water Treatment 285469 190 COMCAST Internet IT Operating 286261 190 COMCAST Internet IT Operating 285694 188 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 285449 188 ACEK9.COM Equipment Parts Fleet Operating 285865 186 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1028895 186 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1029073 186 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1029122 186 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1029137 186 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 286324 185 NOKOMIS SHOE SHOP Clothing & Uniforms Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 286100 185 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 8465 185 AMERICAN EXPRESS Bank and Service Charges Wastewater Accounting 1029032 184 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 285634 183 BLUEPEARL VETERINARY Clothing & Uniforms Police Sworn 286054 183 DOMACE VINO Liquor Product Received Prairie View Liquor Store 286229 183 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1028913 182 JOHNSTON, ROB Travel Expense Police Sworn 1028976 181 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 285619 181 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 285726 181 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1029091 181 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 285724 180 MOOSE LAKE BREWING CO Liquor Product Received Den Road Liquor Store 1029128 180 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 286151 180 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing & Uniforms Engineering 286110 179 LAWSON PRODUCTS INC Lubricants & Additives Fleet Operating 1029022 179 CONCRETE CUTTING AND CORING Operating Supplies Street Maintenance 285528 177 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 285748 176 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store286012176LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 285738 176 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 285680 175 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services Staring Lake Concert 1029017 175 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1028973 175 LUNDBERG, RONALD Mileage & Parking Utility Operations - General 286171 174 YAPSODY Bank and Service Charges Arts 285856 173 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1028997 173 STERICYCLE INC Other Contracted Services Police Sworn 285913 171 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 285450 170 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Police Sworn 285623 170 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 286172 169 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 285558 169 GITCH GEAR LLC Liquor Product Received Prairie Village Liquor Store 285585 169 GITCH GEAR LLC Liquor Product Received Den Road Liquor Store 285611 169 GITCH GEAR LLC Liquor Product Received Prairie View Liquor Store 1029013 169 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 285645 168 EDEN PRAIRIE SCHEELS Clothing & Uniforms Engineering 285632 166 BARNUM GATE SERVICES INC Equipment Repair & Maint Utility Operations - General 286258 165 BUSINESS ESSENTIALS Office Supplies Utility Operations - General 1029080 165 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 286009 165 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1029094 165 THOMPSON JONATHAN Travel Expense Assessing 285977 162 NIELSEN CAROL P&R Refunds Community Center Admin 285898 162 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 285880 161 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1028954 160 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 286282 160 GOODEN MEGAN Other Contracted Services Theatre Initiative 286231 159 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 286184 157 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 285912 156 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1028911 156 FIETEK, CHRIS Travel Expense Police Sworn 285599 154 STACKED DECK BREWING Liquor Product Received Den Road Liquor Store 286176 152 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 286224 152 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1029041 151 CAWLEY COMPANY, THE Clothing & Uniforms Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 285707 150 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 285891 150 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 286107 150 LANO EQUIPMENT INC Other Contracted Services Capital Maint. & Reinvestment 1028917 150 PARKER, WARD Travel Expense Fire 1028942 150 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection 1028999 150 USA SECURITY Maintenance Contracts Water Treatment 1029135 149 CUSTOM HOSE TECH Equipment Repair & Maint Fleet Operating 285570 148 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 285622 148 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286062 148 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286207 148 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1029053 147 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment 1028990 147 METRO SALES INCORPORATED*Printers -Accessories IT Operating 285556 147 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 285861 144 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 285910 144 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 286236 144 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 285472 142 CUB FOODS EDEN PRAIRIE Employee Award Police Sworn285937142CUB FOODS EDEN PRAIRIE Training Supplies Police Sworn 1028949 141 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1028960 141 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 285534 140 SAFETY SIGNS Other Rentals Street Maintenance 285706 140 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1029088 139 MUNOZ, MEGAN Mileage & Parking Fitness Admin. 285689 139 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 285792 139 INDIGO SIGNWORKS, INC.Printing Arts 285920 139 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store 285931 138 COMCAST Cable TV Fire 1028901 137 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1029079 137 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 286278 136 FASTSIGNS Signs Park Maintenance 285869 136 56 BREWING LLC Liquor Product Received Den Road Liquor Store 285709 135 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 285810 135 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance 286092 135 DOGWATCH OF THE TWIN CITIES Equipment Repair & Maint Water Distribution 1029019 135 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations - General 1028897 134 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 286266 134 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 1028980 132 ANCHOR PAPER COMPANY Office Supplies Customer Service 8491 132 PAYA Bank and Service Charges Wastewater Accounting 1029119 131 SPS COMPANIES Repair & Maint. Supplies Park Maintenance 1029070 131 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 285729 131 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 285468 130 COMCAST Phone/Data/Web 494 Corridor Commission 286086 130 COMCAST Phone/Data/Web 494 Corridor Commission 286187 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286234 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286314 130 MILLER ROSS P&R Refunds Community Center Admin 285569 130 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 285596 130 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 1028941 128 TRANE U.S. INC Supplies - HVAC Park Shelters 285497 126 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 285731 126 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286063 126 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286181 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 1029009 126 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1029005 125 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1028892 124 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 285822 124 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 285505 124 LATTIMORE ANDREW Mileage & Parking Riley Lake Beach 285521 124 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 1028984 124 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1029103 124 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 8477 123 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 1028893 123 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1029016 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1029129 122 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Recreation Admin 285551 122 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 286077 122 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1028952 122 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 285571 120 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store285656120MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating 285702 120 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 286310 120 MCGIVERN AMANDA Other Contracted Services Theatre Initiative 285815 118 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 285725 118 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 286244 118 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 285772 115 CROSSTOWN SIGN Sign Permits General Fund 286142 115 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 1028992 114 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment 1028904 114 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 285657 113 MEULENERS, ANNIE Operating Supplies Arts Center 1028958 113 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1029075 113 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 285733 112 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 286021 112 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 286045 112 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 285609 111 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1029082 110 DARLING, ANDREA Tuition Reimbursement/School Fitness Classes 8468 109 FURTHER - AKA SELECT Other Deductions Health and Benefits 285905 108 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 285600 108 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 286041 108 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 285956 108 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 286189 105 ORIGIN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 286103 105 J H LARSON COMPANY Operating Supplies Park Maintenance 285685 104 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 286267 104 DELEGARD TOOL CO Equipment Parts Fleet Operating 285640 103 COMCAST Cable TV Fire 286263 103 COMCAST Cable TV Fire 285574 102 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1028943 101 UPS Postage Police Sworn 285477 100 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 285560 100 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 285664 100 MPPOA Dues & Subscriptions Police Sworn 285693 100 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286032 100 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 286078 100 BESTLER, ADAM Other Contracted Services Special Initiatives 286152 100 ROSEMOUNT COMMUNITY BAND Other Contracted Services Special Initiatives 286183 100 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 1028928 100 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1029018 100 ABRAMOVICH GENNADIY Clothing & Uniforms Police Sworn 286050 98 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 286138 97 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 285598 96 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 286242 96 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 286073 95 ASPEN MILLS Clothing & Uniforms Fire 1029029 95 IRMITER, JESSE Clothing & Uniforms Police Sworn 286156 94 SHRED RIGHT Waste Disposal Fire Station #1 285457 93 BOB BARKER COMPANY Operating Supplies Police Sworn 286194 93 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 286220 93 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 285587 92 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 286008 92 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store28602092STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 286219 92 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 1028948 91 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 285644 91 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1029127 90 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 286014 90 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286102 90 INDIGO SIGNWORKS, INC.Protective Clothing Fire 285466 90 COMCAST Internet IT Operating 286085 90 COMCAST Internet IT Operating 8475 88 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 285992 87 TIETZ MARY AR Utility Water Enterprise Fund 285629 87 ANTONOVICH, HEATHER Tuition Reimbursement/School Fitness Classes 1029096 86 VERLEY, VALERIE Mileage & Parking Community Center Admin 285641 86 COMCAST Cable TV Fire 1029007 86 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1029066 84 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 285862 84 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 285889 84 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 285452 84 ASPEN MILLS Clothing & Uniforms Fire 285797 82 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 1029030 82 OLDEFENDT ALEX Mileage & Parking Assessing 1029033 82 REXFORD ZACHARY Mileage & Parking Assessing 285978 81 NIKOLAI LYNAE P&R Refunds Community Center Admin 285972 80 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 286042 80 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store 285928 80 CINTAS Operating Supplies Park Maintenance 285863 77 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 286043 77 SMALL LOT MN Liquor Product Received Den Road Liquor Store 1028991 77 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1029101 75 CITI-CARGO & STORAGE CO, INC Other Rentals Eden Prairie Players 285945 74 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 1029138 74 LINDAHL, DAVID Mileage & Parking Economic Development 1028970 72 IRMITER, JESSE Operating Supplies Police Sworn 285701 72 PK BLOODY MARY CORP Liquor Product Received Prairie Village Liquor Store 285753 72 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286037 72 MOOSE LAKE BREWING CO Liquor Product Received Den Road Liquor Store 285461 71 CENTURYLINK Internet IT Operating 285650 70 HILL ALYSHA Operating Supplies Arts Center 285504 70 KODIAK CUSTOM LETTERING INC Office Supplies General Fund 286174 70 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 285930 69 COMCAST Cable TV Fire 1028995 69 SHI CORP Software Maintenance IT Operating 285925 69 CAMPBELL KNUTSON, P.A.Legal WAFTA 285453 69 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 285843 68 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 286066 68 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store 285821 67 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 1028938 67 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 285676 66 STEFFEN JADE P&R Refunds Community Center Admin 285572 65 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 286088 65 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 285525 65 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 285883 65 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store28610162HOME DEPOT CREDIT SERVICES Supplies - General Bldg Facilities Staff 8463 61 MONEY MOVERS INC Other Contracted Services Community Center Admin 1028972 60 LOWERY, THOMAS Operating Supplies Police Sworn 1028909 60 CONCRETE CUTTING AND CORING Small Tools Street Maintenance 285754 60 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 285662 59 MN DEPARTMENT OF NATURAL RESOURCES Operating Supplies Riley Lake Beach 285491 59 GREENGARD ADAM AR Utility Water Enterprise Fund 8464 58 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 285514 56 MERTES EMMA Mileage & Parking Riley Lake Beach 1029160 56 NORCOSTCO Operating Supplies Theatre Initiative 285639 55 COMCAST Cable TV Fire 286262 55 COMCAST Cable TV Fire 1029120 54 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 285940 53 DIESEL COMPONENTS, INC.Equipment Parts Fleet Operating 286318 52 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 1029154 51 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 286276 51 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Stormwater Collection 285932 50 COMCAST Internet IT Operating 285826 50 STEPHANS DANIEL Other Contracted Services Eden Prairie Players 285991 50 THOMPSON RICK P&R Refunds Community Center Admin 285921 50 ASPEN MILLS Clothing & Uniforms Fire 285990 48 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 286222 48 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 286303 47 LAWSON PRODUCTS INC Operating Supplies Fleet Operating 285467 46 COMCAST EMS Supplies-Oxygen Supplies Fire 285933 46 COMCAST Cable TV Fire 286250 45 ASPEN MILLS Clothing & Uniforms Fire 285471 45 CORDER TRICIA Tuition Reimbursement/School Fitness Classes 1029057 42 SPRINT Cell/Pager Plans IT Operating 285507 41 LAWSON PRODUCTS INC Operating Supplies Fleet Operating 286198 41 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1028975 39 OLSON, ROBERT Mileage & Parking Police Sworn 285995 38 UNITED WAY Charitable Contributions Health and Benefits 1028982 35 CDW GOVERNMENT INC.Computer -Accessories IT Operating 285488 35 GIBSON LAURA P&R Refunds Community Center Admin Check #Amount Supplier / Explanation Account Description Business Unit Comments 1029134 35 CRASSAS TRACIE Tuition Reimbursement/School Fitness Classes 286335 34 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Park Maintenance 285979 33 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 286325 33 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 285975 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 285538 31 STAPLES ADVANTAGE Office Supplies Utility Operations - General 285953 29 GS DIRECT Operating Supplies Engineering 1028907 27 BERKBIGLER, RIK Operating Supplies Emergency Management 285465 25 CLEAN RIVER Supplies - General Bldg City Center - CAM 285513 25 MASS/MRPA Conference/Training Senior Center Admin 286309 25 MASS/MRPA Conference/Training Senior Center Admin 1029034 25 ROCKEY, JOSH Mileage & Parking Senior Center Admin 1028978 24 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 285759 24 ASPEN MILLS Clothing & Uniforms Fire 285833 23 WINSUPPLY EDEN PRAIRIE MN CO Small Tools Traffic Signals 285934 23 COMCAST Other Contracted Services Police Sworn 285805 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 286316 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General102913322CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance 285835 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 1029035 20 SPOK, INC.Cell/Pager Plans IT Operating 1029143 20 SPOK, INC.Cell/Pager Plans IT Operating 285624 20 TRUE BRANDS Liquor Product Received Prairie View Liquor Store 285704 20 TRUE BRANDS Liquor Product Received Prairie Village Liquor Store 285734 20 TRUE BRANDS Liquor Product Received Den Road Liquor Store 1028914 19 METROPOLITAN FORD Equipment Parts Fleet Operating 285777 18 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 285473 18 DAYROBB BATTERIES PLUS Operating Supplies Fleet Operating 285916 18 A TO Z RENTAL CENTER Operating Supplies Fire 285986 17 SIPILIA KIM Operating Supplies Arts Center 285503 16 KASCHAK LAWRENCE AR Utility Water Enterprise Fund 285460 16 CAYO SOPHIE Mileage & Parking Riley Lake Beach 285808 16 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 285804 15 MINNESOTA AIR INC Supplies - HVAC Senior Center 8499 14 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 285672 14 STADLER HANNAH Operating Supplies Arts Center 1029004 13 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 285773 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 285661 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Prairie Bluff Conservation 286288 10 HELLER SHEILA P&R Refunds Community Center Admin 285462 9 CHEN WEN LI Mileage & Parking Arts Center 285459 8 CASPER CARMEN Mileage & Parking Riley Lake Beach 286279 6 FIER PATRICIA P&R Refunds Community Center Admin 1029140 6 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 285939 6 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Stormwater Collection 285946 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 285947 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 286257 5 BOYINGTON SHIRLEY P&R Refunds Community Center Admin 286283 5 GOTTLIEB, BARBARA P&R Refunds Community Center Admin 286333 5 RAUSCH LYNN P&R Refunds Community Center Admin 286334 5 REAR CARRIE P&R Refunds Community Center Admin 286338 5 SCHOEN, ELIZABETH P&R Refunds Community Center Admin 286344 5 SWITZER, MARILYN P&R Refunds Community Center Admin Check #Amount Supplier / Explanation Account Description Business Unit Comments 285642 4 COMCAST Other Contracted Services Police Sworn 7,821,175 Grand Total City of Eden Prairie Purchasing Card Payment Report 10/26/2021 Amount Account Description Business Unit 8,636 Other Revenue General Fund 5,456 Operating Supplies Wine Club/Events 2,899 Software/Hardware Maint.IT Operating 2,826 Software/Hardware Maint.IT Operating 2,275 Tuition Reimbursement/School Police Sworn 2,213 Travel Expense Fire 2,198 EMS Supplies Fire 1,692 EMS Supplies Fire 1,668 Equipment Parts Public Safety Communications 1,515 Operating Supplies Engineering 1,495 Software/Hardware Maint.IT Operating 1,287 Travel Expense Fire 1,275 Tuition Reimbursement/School Police Sworn 1,215 Chemicals Tree Disease 1,180 Protective Clothing Fire 1,140 Software/Hardware Maint.IT Operating 1,100 Conference/Training Fire 1,098 Licenses, Taxes, Fees Fitness Classes 1,097 Protective Clothing Fire 1,094 Tuition Reimbursement/School Police Sworn 1,077 Miscellaneous Internal Events 1,033 Conference/Training Fleet Operating 995 Conference/Training IT Operating 930 Conference/Training Fire 920 Bank and Service Charges Prairie View Liquor Store 862 Capital Under $25,000 Arts Center 852 Capital Under $25,000 Arts Center 845 Dues & Subscriptions Communications 750 Conference/Training Police Sworn 739 Tuition Reimbursement/School Police Sworn 709 Operating Supplies Fire 687 Protective Clothing Fire 677 Operating Supplies Police Sworn 617 Merchandise for Resale Concessions 597 Protective Clothing Fire 565 Small Tools Fire 549 Licenses, Taxes, Fees Fitness Classes Amount Account Description Business Unit 547 Operating Supplies Youth Programs Admin 544 Repair & Maint. Supplies Emergency Management 539 Clothing & Uniforms Police Sworn 514 Tuition Reimbursement/School Police Sworn 499 Dues & Subscriptions Internal Events 498 Miscellaneous Internal Events 495 Employment Advertising Organizational Services 493 Clothing & Uniforms Pool Operations 458 Small Tools Fire 455 Dues & Subscriptions Economic Development 452 Fire Prevention Supplies Fire 450 Advertising Community Center Admin 440 EMS Supplies Fire 440 Repair & Maint. Supplies General Community Center 434 Operating Supplies Arts Center 433 Operating Supplies Ice Operations 417 Tuition Reimbursement/School Police Sworn 400 Operating Supplies Fire 375 Capital Under $25,000 Fitness Center 338 Repair & Maint. Supplies Fire Station #2 335 Equipment Parts Fleet Operating 300 Small Tools Fire 300 Other Contracted Services Liquor Store Delivery 298 Small Tools Traffic Signs 294 Repair & Maint. Supplies City Hall (City Cost) 290 Miscellaneous City Council 279 Office Supplies Utility Operations - General 274 Landscape Materials/Supp Purgatory Creek Park 262 Dues & Subscriptions Human Resources 250 Operating Supplies Staring Lake Concert 244 Operating Supplies Fire 225 Dues & Subscriptions City Clerk 216 Travel Expense Utility Operations - General 215 Dues & Subscriptions City Clerk 215 Clothing & Uniforms Police Sworn 214 Employee Award Organizational Services 212 Employee Award Organizational Services 210 Conference/Training Street Maintenance 200 EMS Supplies Fire 199 Miscellaneous Communications 198 Operating Supplies Fire Amount Account Description Business Unit 195 Conference/Training Pool Lessons 194 Landscape Materials/Supp Miller Park 188 Operating Supplies Arts Center 180 Conference/Training Street Maintenance 166 Operating Supplies IT Operating 165 Operating Supplies Police Sworn 164 Operating Supplies Ice Lessons 160 Training Fire 160 Training Fire 160 Conference/Training Pool Operations 160 Operating Supplies Youth Programs Admin 151 Operating Supplies Arts Center 150 Office Supplies Police Sworn 145 Conference/Training Street Maintenance 144 Travel Expense Fire 143 Operating Supplies Outdoor Center 143 Office Supplies Police Sworn 141 Canine Supplies Police Sworn 134 Operating Supplies Pool Operations 134 Training Supplies Police Sworn 132 Canine Supplies Police Sworn 132 Training Supplies Police Sworn 127 Operating Supplies Community Center Admin 125 Operating Supplies Community Center Admin 125 Operating Supplies Police Sworn 120 Conference/Training Pool Operations 120 Operating Supplies Fit Kids Club 115 Employee Award Organizational Services 105 Operating Supplies Special Events Admin 103 Operating Supplies Pool Lessons 100 Conference/Training Planning 100 Licenses, Taxes, Fees Fitness Classes 98 Lubricants & Additives Fleet Operating 98 Conference/Training Community Center Admin 95 Equipment Parts Fleet Operating 93 Operating Supplies Arts in the Park 91 Advertising Prairie View Liquor Store 89 Office Supplies Fire 89 Clothing & Uniforms Utility Operations - General 83 Conference/Training Community Center Admin 83 Postage Fleet Operating Amount Account Description Business Unit 83 Cleaning Supplies City Hall (City Cost) 82 Operating Supplies Arts Center 80 Operating Supplies Community Center Admin 78 Conference/Training Recreation Admin 77 Operating Supplies Community Center Admin 75 Advertising Arts in the Park 71 Operating Supplies Park Maintenance 70 Other Contracted Services Organizational Services 69 Training Supplies Police Sworn 68 Operating Supplies Arts Center 66 Fire Prevention Supplies Fire 65 Miscellaneous Assessing 65 Fire Prevention Supplies Fire 65 Operating Supplies Day Camp 61 Merchandise for Resale Concessions 60 Safety Supplies Community Center Admin 60 Conference/Training Fleet Operating 60 Operating Supplies Police Sworn 59 Protective Clothing Fire 56 Office Supplies Arts Center 56 Operating Supplies Arts Center 56 Dues & Subscriptions Community Development Admin. 55 Training Supplies Police Sworn 53 Operating Supplies Arts Center 52 Office Supplies Police Sworn 51 Operating Supplies Park Maintenance 50 Advertising Arts Center 50 Advertising Arts Center 48 Operating Supplies Outdoor Center 48 Office Supplies Police Sworn 48 Merchandise for Resale Concessions 47 Operating Supplies Arts Center 46 Training Supplies Emergency Management 46 Operating Supplies Fire 46 Miscellaneous IT Operating 45 Conference/Training Senior Center Admin 45 Dues & Subscriptions Police Sworn 45 Conference/Training Senior Center Admin 45 Miscellaneous IT Operating 44 Operating Supplies Arts Center 44 Operating Supplies Winter Theatre Amount Account Description Business Unit 44 Operating Supplies Arts Center 43 Operating Supplies Outdoor Center 42 Repair & Maint. Supplies Arts Center 42 Chemicals Round Lake 41 Operating Supplies Arts Center 41 Deposits General Fund 40 Operating Supplies Fire 38 Operating Supplies Arts Center 38 Operating Supplies Arts Center 36 Employee Award Organizational Services 35 Operating Supplies Arts Center 34 Repair & Maint. Supplies General Community Center 33 Repair & Maint. Supplies Stormwater Collection 33 Operating Supplies Day Camp 33 Operating Supplies Arts in the Park 32 Repair & Maint. Supplies Wasterwater Collection 32 Operating Supplies Arts Center 32 Conference/Training Fleet Operating 31 Conference/Training Athletic Programs Admin 31 Training Supplies Police Sworn 30 Training Supplies Police Sworn 30 Chemicals Round Lake 30 Advertising Arts Center 30 Advertising Arts 30 Equipment Repair & Maint Senior Center Programs 29 Operating Supplies Arts Center 28 Operating Supplies Day Camp 28 Office Supplies Police Sworn 28 Miscellaneous Economic Development 27 Operating Supplies Police Sworn 26 Operating Supplies Special Events Admin 26 Operating Supplies Arts in the Park 25 Repair & Maint. Supplies Stormwater Collection 25 Advertising PeopleFest 25 Merchandise for Resale Concessions 22 Operating Supplies Fitness Admin. 22 Operating Supplies Police Sworn 21 Operating Supplies Arts Center 21 Operating Supplies Pool Lessons 21 Operating Supplies Theatre Initiative 20 Licenses, Taxes, Fees Utility Operations - General Amount Account Description Business Unit 20 Conference/Training Athletic Programs Admin 20 Employee Award Organizational Services 20 Bank and Service Charges Inspections-Administration 19 Small Tools Assessing 19 Operating Supplies Day Camp 18 Repair & Maint. Supplies General Community Center 18 Operating Supplies Arts Center 18 Operating Supplies Senior Center Admin 18 Operating Supplies Police Sworn 17 Operating Supplies Special Events Admin 16 Postage Fire 16 Operating Supplies Housing and Community Service 16 Operating Supplies Arts Center 16 Operating Supplies Theatre Initiative 15 Operating Supplies Prairie View Liquor Store 15 Operating Supplies Senior Board 15 Operating Supplies Arts Center 15 Conference/Training Senior Center Admin 15 Conference/Training Planning 15 Conference/Training Senior Center Admin 15 Office Supplies Police Sworn 15 Operating Supplies Community Center Admin 14 Operating Supplies Volunteers 14 Conference/Training Athletic Programs Admin 14 Operating Supplies Arts Center 14 Operating Supplies Pool Operations 14 Operating Supplies Prairie View Liquor Store 14 Repair & Maint. Supplies Wasterwater Collection 14 Deposits General Fund 14 Operating Supplies Arts Center 14 Deposits General Fund 13 Office Supplies Police Sworn 13 Operating Supplies Pool Operations 12 Operating Supplies Street Maintenance 12 Conference/Training Fleet Operating 12 Operating Supplies Arts Center 12 Operating Supplies IT Operating 11 Operating Supplies Outdoor Center 11 Operating Supplies Arts Center 11 Operating Supplies Pool Operations 10 Operating Supplies Theatre Initiative Amount Account Description Business Unit 10 Operating Supplies Arts Center 10 Conference/Training Human Resources 10 Conference/Training Human Resources 10 Operating Supplies Police Sworn 10 Office Supplies Police Sworn 10 Office Supplies Fire 10 Postage Fleet Operating 10 Operating Supplies Arts in the Park 9 Conference/Training Recreation Admin 9 Operating Supplies Arts in the Park 9 Operating Supplies Day Camp 9 Postage Utility Operations - General 8 Dues & Subscriptions Police Sworn 7 Operating Supplies Day Camp 7 Operating Supplies Arts Center 7 Operating Supplies Police Sworn 7 Operating Supplies Specialty Fitness Programs 7 Operating Supplies Arts Center 7 Operating Supplies Theatre Initiative 6 Conference/Training Fleet Operating 6 Operating Supplies Arts Center 6 Operating Supplies Arts Center 5 Operating Supplies PeopleFest 5 Operating Supplies Arts Center 5 Postage Fleet Operating 5 Operating Supplies Outdoor Center 5 Operating Supplies Arts Center 3 Operating Supplies Arts Center 3 Bank and Service Charges Customer Service 1 Dues & Subscriptions Police Sworn -29 Operating Supplies Arts Center -41 Deposits General Fund -42 Operating Supplies Police Sworn -46 Miscellaneous IT Operating -62 Capital Under $25,000 Arts Center -290 Capital Under $25,000 Fitness Center -514 Tuition Reimbursement/School Police Sworn -2,178 Operating Supplies Wine Club/Events -3,628 Other Revenue General Fund 74,280 Report Total CITY COUNCIL AGENDA SECTION: Report of Parks and Recreation Director DATE: October 26, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Urban Forestry Management Plan ITEM NO.: XIV.D.1. Requested Action Move to: Move to recognize and accept the Urban Forestry Management Plan Synopsis The Urban Forestry Management Plan records the current practices utilized by the City of Eden Prairie. These practices are based on current forestry and natural resources research and are recognized as industry best practices. These practices address current issues for our urban forest, such as invasive species and describes strategies to mitigate future issues such as tree planting diversity guidelines for reforestation efforts. The Urban Forestry Management Plan is a living document, flexible as new challenges emerge and as best management practices change. The plan outlines the goals, practices, and reasoning behind our urban forest management. The goals and practices outlined in this document increase the safety and general welfare of the urban forest while also improving the user experience of the park system. Publication of this document is meant to spread awareness to the citizens of Eden Prairie on urban forestry issues our community faces and to highlight what the City of Eden Prairie is doing to address these issues. While the City’s Parks and Natural Resources Division will primarily be responsible for implementing this plan, interdepartmental cooperation and collaboration will be essential to ensure management decisions are made in a sustainable and economically responsible manner. Attachment Urban Forestry Management Plan Draft URBAN FORESTRY MANAGEMENT PLAN City of Eden Prairie A comprehensive guide to city wide actions related to the urban forest 1 | P a g e Acknowledgements We would like to thank many people for their continued support of the city’s forestry and natural resources program, whom work tirelessly to improve and maintain our treasured landscapes. These people include; Mayor Ron Case, the entire City Council, Parks and Recreation & Natural Resources Commission members, Parks and Recreation Director Jay Lotthammer, Parks & Natural Resources Manager Matt Bourne, and lastly the people of Eden Prairie. Document prepared by Forestry & Natural Resources Specialist, Lauren Stufft and by Minnesota GreenCorps member, Alexander Law. 2 | P a g e Table of Contents Acknowledgements ....................................................................................................................................... 1 Executive Summary ....................................................................................................................................... 3 Core Values, Vision, and Mission .................................................................................................................. 3 City of Eden Prairie Core Values ............................................................................................................... 3 City Vision Statement ................................................................................................................................ 4 Mission Statements .................................................................................................................................. 4 Defining the Scope of the Urban Forestry Management Plan ...................................................................... 4 Plan Scope ................................................................................................................................................. 4 Plan Limitations ......................................................................................................................................... 5 Relationship to Other Documents ................................................................................................................ 5 Current Regulations & Policies Related to Forestry ...................................................................................... 6 Defining the Benefits of Trees ...................................................................................................................... 6 History of Eden Prairie’s Urban Forest........................................................................................................ 10 Tree City USA .......................................................................................................................................... 10 Tree City USA Standards ......................................................................................................................... 11 Historical Urban Forest Management .................................................................................................... 11 Department Goals ....................................................................................................................................... 12 Planting Practices .................................................................................................................................... 12 Pruning and Maintenance ....................................................................................................................... 17 Tree Removals ......................................................................................................................................... 18 Risk Assessment ...................................................................................................................................... 18 Tree Inventory ......................................................................................................................................... 19 Safety & Training ..................................................................................................................................... 20 Public Outreach & Education .................................................................................................................. 20 Funding Sources .......................................................................................................................................... 21 Partners ....................................................................................................................................................... 21 Conclusion ................................................................................................................................................... 21 Bibliography ................................................................................................................................................ 23 3 | P a g e Executive Summary This document records the current practices utilized by the City of Eden Prairie. These practices are based on current forestry and natural resources research and are recognized as industry best practices. These practices address current issues for our urban forest, such as invasive species and describes strategies to mitigate future issues such as tree planting diversity guidelines for reforestation efforts. The Urban Forestry Management Plan is a living document, flexible as new challenges emerge and as best management practices change. This document outlines the goals, practices, and reasoning behind our urban forest management. The goals and practices outlined in this document increase the safety and general welfare of the urban forest while also improving the user experience of the park system. Publication of this document is meant to spread awareness to the citizens of Eden Prairie on urban forestry issues our community faces and to highlight what the City of Eden Prairie is doing to address these issues. While the City’s Parks and Natural Resources Division will primarily be responsible for implementing this plan, interdepartmental cooperation and collaboration will be essential to ensure management decisions are made in a sustainable and economically responsible manner. Core Values, Vision, and Mission City of Eden Prairie Core Values 1. We develop positive relationships inside and outside our organization. We build teams to create cohesive systems. We work toward a common goal and consistently find ways to bridge gaps. We care about people and build meaningful experiences to advance opportunities for all. We share our talents, skills and knowledge for the greater good. 2. We are a learning organization, committed to advancing in a world that is ever- changing. We encourage initiative to challenge the status quo and continue to improve, while honoring what has been done before. We progressively seek out innovative trends and pioneer new ideas to implement the vision of the City. We engage others and utilize feedback to learn, develop and grow. 3. We are honest, ethical and trustworthy. We protect the City’s resources, including property, money and time. We take responsibility and follow through on our word. We uphold our values and align them with our goals and priorities. 4. We strive to achieve excellence. We are problem solvers. We seek and implement long- term solutions. We deliver positive and measurable results. Figure 1: Prairie Plants in Bloom at Round Lake Park 4 | P a g e 5. We create a welcoming and inclusive atmosphere. We strive to exceed customer expectations with each unique interaction. We focus on listening and understanding the needs of others. We exhibit positive attitudes, even when faced with adversity. We embrace diverse perspectives, experiences, lifestyles and cultures. City Vision Statement Eden Prairie is a vibrant city characterized by the thoughtful integration of natural beauty and physical development that creates a highly desirable place for its residents and businesses. Mission Statements City Mission: Eden Prairie city government fosters respect for the past, plans for the future, and delivers high quality public services that contribute to a strong sense of community. Parks and Recreation Mission: Parks and Recreation fosters a high quality living environment and provides healthy, safe, enjoyable leisure time opportunities for all segments of the population by…Developing and maintaining the park and open space system with sufficient recreation facilities to meet community needs…Identifying and recommending ways to protect and preserve unique historical and environmental features within Eden Prairie. Defining the Scope of the Urban Forestry Management Plan Plan Scope The Parks and Natural Resources Division is responsible for the care of the City’s 44 parks and special use areas, including maintaining more than 1,000 acres of developed parkland, and ensuring a healthy and viable urban forest. This care includes; tree plantings, tree inventory updates, crown cleaning, crown raising, structural pruning, tree removals, and routine tree inspections. The passive areas of the park system include an additional 1,400 acres of property that is unmaintained or involves minimal maintenance work. Management in these natural areas is responsive to current adversities. These areas are also managed for ecological services and wildlife habitat. This management plan guides management in both the maintained and natural spaces in the City of Eden Prairie. Effective management of natural areas is accomplished by utilizing grant funding, engaging volunteers, and creating partnerships to preserve particularly important ecosystems. 5 | P a g e Plan Limitations This plan primarily focuses on trees that are on city land or are otherwise the management responsibility of the City of Eden Prairie, as this resource is directly managed by the city. This plan does not mandate management activities on private lands. However, our intent is that private property owners utilize this plan as a guide to maintain and improve their trees and natural spaces. Additionally, some lands in Eden Prairie are excluded from this plan as they are not suitable for tree canopy cover, including: • Prairies, where increased tree canopy or changes in tree type would decrease prairie plant diversity, pollinator or wildlife habitat, or otherwise compromise the ecological integrity of the prairie • Wetland areas such as lakes or areas where flooding prevents tree growth and establishment • Park infrastructure that is desirable or necessary to provide a positive user experience such as sports courts, baseball fields, soccer fields, ice rinks, community gardens, playground, park buildings, above and below ground utilizes, and open spaces for undesignated play Relationship to Other Documents In 2018, the City produced an Emerald Ash Borer (EAB) Management Plan to combat the spread and damage caused by EAB. The EAB Management Plan outlined plans for mitigating the damage caused by this invasive species and acts as a supplemental document to the Urban Forestry Management Plan. In 2020, the city partnered with LHB Corporation to develop the Climate Action Plan. By 2050, Eden Prairie’s predicted carbon dioxide equivalent emissions were expected to total 1,028,901 tons. In response to these predictions, the Action Plan was created to identify strategies for greenhouse gas emission reduction, including: energy code enforcement, net-zero energy buildings, behavior change and fleet electrification, among others. The Carbon Action Plan lays the groundwork for carbon neutrality in the city by 2050. It states, “While it is the goal of the EP CAP to achieve total One strategy that can push the city to a more near-term de-carbonization date are conscious sustained efforts in urban forestry. Trees are one of the cheapest strategies to remove and store carbon from our atmosphere (World Resources Institute, n.d.). Figure 2: Native prairie at Richard T. Anderson Conservation Area 6 | P a g e communitywide de-carbonization by 2050, efforts that work to achieve this goal ahead of 2050 should be sought out and diligently pursued”. Current Regulations & Policies Related to Forestry Current regulations adopted by the City are essential to maintaining a healthy urban forest. Regulations require that trees diseased with highly contagious and fatal disease be removed and disposed of properly in order to prevent tree mortality. Additionally, regulations allow the city to condemn trees on private property when they are hazardous to public property (sidewalks, streets, etc.). These regulations include city codes 9.70, the shade tree pest control, and 11.55, the land alteration, tree preservation and storm water management code. These city codes are summarized as follows: 9.70 – Shade Tree Pest Control This code directly deals with the identification and disposal of diseased or infested trees, on both public and private property. The city decided to address these issues by requiring the appointment of a city tree inspector to the Parks and Recreation department. The code also lays out best management practices for work on potentially infested or diseased trees. This includes implementing a ban on the transport of infested wood to prevent the spread of pests and diseases. Lastly, the code allows the city to take immediate abatement action when a tree on private property is hazardous to public property. 11.55 – Land Alteration, Tree Preservation, and Storm water Management Regulations Code 11.55 lays out tree planting and removal requirements that homeowners and developers must abide by. This code encourages the protection and preservation of Eden Prairie’s natural vegetation and topography. One of the purposes of this code is to minimize tree loss and removal and to prevent wind and water erosion. 11.03 – Landscaping Requirements Defining the Benefits of Trees The benefit of trees can be difficult to fully encapsulate, as many of these benefits are not easily measured. iTree, a state of the art, peer reviewed software, was used to estimate the direct economic benefits of Eden Prairie’s trees. iTree was developed by the USDA Forest Service for intended use by homeowners, educators, businesses, researchers and governments. Wider examples of the economic and social benefits of trees come from the cited research papers. Here are just some of the benefits of trees; Figure 3: Emerald ash borer larval galleries 7 | P a g e Trees reduce storm water. Urban trees reduce the amount of storm water a city has to deal with through interception, evapotranspiration, and infiltration. This reduces the amount of infrastructure needed by a city to transport and treat storm water as well as aides in the recharging of aquifers and reduces runoff into our lakes and streams. The street trees alone in New York City were found to intercept 890 million gallons of storm water annually, that’s 1,525 gallons per tree on average, with a total value of over $35 million each year (Peper, et al.). iTree estimates that Eden Prairie trees intercept 49 million gallons or storm water per year, with a total value of $437,249. Trees reduce utility bills. Trees can save us a tremendous amount of energy through shading buildings and pavements, along with serving as windbreaks. Evergreens serving as windbreaks in the winter can save 10-50% on heating costs (U.S. Department of Energy). In Minneapolis, street trees alone save $6.8 million in energy costs annually (McPherson E. , et al., 2005). Trees help combat the urban heat island effect. The urban heat island effect occurs when urban ambient air temperature is hotter than its rural surroundings (Fallmann, Emeis, Wagner, & Ketterer, 2016). This occurs when infrastructure absorbs short-wave radiation from the sun during the day, emitting it later in the evening keeping temperatures high. This infrastructure is comprised of impermeable surfaces, preventing evaporative cooling from reducing temperatures. Cooling is also prevented by infrastructure blocking winds from taking hot airs away. The urban heat island effect is most prominent in industrial and marginalized communities. One way to combat it and alleviate this effect is by planting of trees. Trees decrease temperatures through their evaporative cooling effects associated with the photosynthetic process (Fallmann, Emeis, Wagner, & Ketterer, 2016). Trees extend the life of our streets. Although trees can cause damage to infrastructure in situations of poor planning, they can also increase the life and decrease maintenance for infrastructure in cases of good planning. One example comes from Modesto, California where they found that paved streets shaded with large-stature trees reduced costs for repaving by 58% or ($0.66/ft2) compared to unshaded streets over a 30 year period (McPherson & Muchnick, Effects of street tree shade on asphalt concrete pavement performance, 2005). Trees increase home values. Properties with or in close proximity to trees are typically worth more money. A study done in east Portland found having one average sized tree for that area in front of a home increased its sale price by $7,130. The tree’s benefits spilled over to homes within a 100-foot radius, The net cooling effect of a well-placed healthy tree is equivalent to 10 air conditioners operating 20 hours a day (Wolf K. , 1998). This natural insulation effect is recognized in city code 11.55. 8 | P a g e increasing their combined value by $12,828 (Wells, 2010). A similar study done in the Philadelphia neighborhood of New Kensington showed new tree plantings increased surrounding housing values by approximately 10%, which translated to a $4 million gain in property value just through tree planting (Wachter, 2004). Trees fight crime. A study done of public housing residents in inner-city Chicago found that 25% fewer acts of domestic aggression and violence were reported in areas with nearby trees and natural landscapes than areas without (Kuo & Sullivan, Aggression and Violence in the Inner City, Effects of Environmnet via Mental Fatigue, 2001). A separate study conducted in the same area found that apartment buildings with high levels of vegetation had 52% fewer total crimes reported than those with low levels of vegetation. Proposed reasons for this reduction of crime is the increase in surveillance due to higher outdoor activity and lowered mental fatigue due to exposure to green space (Kuo & Sullivan, Environment and the Inner City, Does Vegitation Reduce Crime?, 2001). Considering in Minnesota the taxpayer pays on average $41,366 per inmate annually (Mai & Subramanian, 2017) this reduction in crime could save us a significant amount of money. Trees keep us healthy. Increased air quality is another benefit of trees. They clean the air by absorbing carbon dioxide, Sulphur dioxide, nitrous oxides and other pollutants (Simpson, et al., 2006). Increased air quality means less health risks. Researchers from Columbia University found childhood asthma rates were highest in parts of New York City where tree density was lowest. The rate of asthma fell by 24% for every extra 343 trees/km2, a pattern that held true even after taking account of differing sources of pollution, levels of affluence and population density (G S Lovasi, 2008). On the same track, patients recovering from surgery in hospital rooms with window views of a natural scene had shorter postoperative hospital stays, received fewer negative evaluations in nurses' notes, and took fewer painkillers than matched patients in similar rooms with windows facing a brick wall (Ulrich, 1984). Figure 4: Residents taking home a brand new tree to plant in their yard after the 2020 tree sale 9 | P a g e Trees are good for business. Shoppers are willing to travel further to visit a business district with high quality trees and spend more time there once they arrive. They are also willing to spend 9%-12% more for products in well treed business districts than those with no trees. This was found to be true in cities of varying sizes and across the US (Wolf K. L., 2005). Trees create jobs. In 2002 the environmental horticultural industry was estimated to employ 1,964,339 people, adding $95.1 billion in property value, and contributed $64.3 billion in labor income (Hall & Hodges, 2006). Trees Sequester Carbon iTree estimates that the carbon sequestration of Eden Prairie’s trees is equivalent to $18,445,065.00 or 108,150 Tons of carbon. Each year that sequestration is worth $413,853.00, for the annual fixation of 2,426.5 tons. Trees Provide habitat for animals. Habitat trees are defined as live or dead trees with large dead branches, cracks, cavities and trunk rot, among others. Many of these same features would denote the tree as being hazardous but these natural features are host to many species through their decaying process. At least 25% of forest species depend upon these types of trees, and many harbor endangered plants and animals (Butler, Lachat, Larrieu, & Paillet, 2016). Their ecological value is precisely why many of these trees are left standing in natural spaces owned by the city. Native plants play key roles in the food webs of pollinators, which then go on to support local agriculture. While annual flowers are promoted as supporting pollinators, trees also play a key role. Some trees produce their own flowers and many host caterpillars (Tallamy). Trees provide more benefits than costs. Do the costs outweigh the benefits? In the early 90’s a study was done in Chicago to determine if benefits from their newly planted trees outweighed planting and maintenance costs over a 30 Figure 5: Osprey egg found at Staring Lake during a banding event in 2005 10 | P a g e year period. They determined there was a net benefit of $38 million over the 30 years or $402 per tree planted. For every $1 invested in planting and maintenance costs, they received $2.83 back in benefits (McPherson, et al., 1997). Trees are the only type of infrastructure that increases in value over time. In 1997-1998 the City of Modesto, California set out to find if the annual $2.6 million municipal budget spent on urban trees was justified. The results of the study found the total annual benefit from Modesto’s urban trees to be $4.95 million, netting $2.3 million or on average $54.33/tree annually (McPherson G. , Simpson, Peper, & Xiao, 1999). In Davis, California a study of 24,000 maintained public street trees showed a net annual benefit of $1.2 million, with every $1 invested returning $3.80 in benefits. The costs factored in included infrastructure damage, price of litter/storm clean up, litigation and settlement expenditures, as well as planting, maintenance, and removal costs (Maco & McPherson, 2003). Trees in New York City provide $5.60 in benefits for every $1 spent on tree planting and care (Peper, et al.). Studies done by a variety of researchers across the nation and world continue to tell us that investing in urban trees has significant returns. These returns can be increased greatly through proper planning (site and species selection) as well as using proper planting techniques and continued maintenance. History of Eden Prairie’s Urban Forest Tree City USA Tree City USA is a national recognition program founded in 1976 by the Arbor Day Foundation in partnership with the US Forest Service to bring awareness to communities about the value of trees, and the efforts their local government makes to plant and preserve trees. Participation in the program also gives cities resources for urban forest management. Eden Prairie has been a Tree City USA member since 1981. Participating for over 30 years, we are among the oldest members in Minnesota. In 2021, the city received the Sterling Award for our 10-year participation in their growth program. Minneapolis receives an annual estimated net benefit of $15.7 million or $79/tree from its municipal trees (McPherson E. , et al., 2005). Figure 6: Rainbow Tree Care treating a mature Green Ash, preserving it from removal 11 | P a g e Tree City USA Standards To participate in the Tree City USA program these standards must be followed; Standard 1: A legal responsibility for public tree care. Eden Prairie meets this requirement by the adoption of city code 9.70 as well as the tree health evaluations and decisions made by city staff. Standard 2: Tree care and preservation as a priority. Eden Prairie meets this requirement by the adoption of city codes 9.70 and 11.55 and by having full time staff dedicated to tree maintenance. Standard 3: Community forestry program with an annual budget of at least $2 per capita. Eden Prairie has spent anywhere from $3.88 to $4.87 per capita in past years. Standard 4: An Arbor Day observance and proclamation. Eden Prairie celebrates Arbor Day on an annual basis with an Arbor walk and green fair. Historical Urban Forest Management The City has always marked trees that were dead, diseased, or had obvious structural defects for removal. Removal occurred on an annual basis or at a timeline that was deemed appropriate by City staff. Survey for diseased trees is closely linked to our status as a Tree City USA city. Annual reports confirm that since 1981, our first year with such status, thousands of diseased trees have been marked for removal. Historically, the City has managed virulent tree diseases and pests such as Dutch elm disease (DED) and oak wilt. DED related tree mortality was at its peak from the 1980’s to the early 2000’s. Tree loss from virulent tree diseases continues. Before 2009, emerald ash borer (EAB) had not yet reached Minnesota. Since EAB was discovered in Eden Prairie, it has killed thousands of trees. Managing pests and diseases will always be a vital part of urban forest management, but future workloads can be managed proactively by planting a diverse range of tree species and by following other best management practices set forth in this document. Figure 7: Emma Schultz with the MN DNR (left) presents Sterling Award to Jay Lotthammer (middle) and Lauren Stufft with the City of Eden Prairie (right) in 2021. 12 | P a g e Dutch elm disease (DED) and oak wilt: Since DED and oak wilt were added to the city ordinance in 1981, the city has completed an annual city wide tree inspection. The inspection identifies and removes trees with DED or oak wilt on public property. Additionally, the city identifies and abates trees with DED or oak wilt on private properties. By doing this, the city decreases the total number of trees killed by these diseases. Without management, the city would have many more dead elms and oaks. Emerald ash borer (EAB): In 2018, while writing the EAB plan, it was estimated that Eden Prairie had 3,164 city owned ash trees that needed to be chemically treated or removed. That year, the city treated 369 ash trees on city property, which was the first of a three year treatment cycle. The city also removed over 274 ash trees in 2018. Residents took advantage of the citywide discount in Eden Prairie’s ash tree treatment contract, treating over 1,500 ash trees. The city aimed to treat mature, healthy ash with a 12” diameter or greater, which were planted in desirable locations on public property. These trees were selected due to their value to the community. A total of 963 trees were selected for treatment. In 2018, the city aimed to remove 2,114 trees in the city right of way and in city parks. The planting goal was to replace trees in maintained areas at 1.5 times the rate of removal. Department Goals Planting Practices Age Diversity Since 2018, the City of Eden Prairie has tracked the year trees were planted in our tree inventory. The ages of trees planted before 2018 can only be estimated by diameter at breast height (DBH) measurements. Consistently planting trees on an annual basis to replace trees that are lost will result in a diverse age structure. Age diversity is important because trees are vulnerable to different types of stressors at different ages. For example, seedlings are vulnerable to drought but not high speed wind events, and older trees are more vulnerable to Figure 8: Purdue University Emerald Ash borer Cost Calculator Destruction Wave predictive graph 13 | P a g e high speed wind events but not drought (Swanston, et al., 2018). Age diversity increases the resiliency of the urban forest by preventing tree loss in the event of natural disaster (e.g. drought or high speed wind event). Species Diversity Invasive species are responsible for nearly 75% of all known species extinctions (Guyot, et al., 2015), causing major losses in biodiversity in many different ecosystems. Susceptibility to invasion increases with a decrease in biodiversity. The city is committed to planting a diverse range of species in order to mitigate potential damages from current and future invasive species. The EAB Management Plan set in motion a diversity-based guideline, namely that the city would not plant more than 10% of any one genus and that all maple, apple, and spruce should be avoided due to high existing populations. While it is rare for any of these three genera to be planted by the city, there may be some situations where these genera are desirable. For example, apple trees may still be considered when planting a community orchard. Figure 9: Pie chart showing genera diversity for trees in the maintained area of Eden Prairie parks in 2021. Ash 23% Spruce 12% Maple 10%Oak 9% Pine 7% Honeylocust 5% Basswood 4% Elm 4% Hackberry 4% Apple 4% Birch 2% Coffeetree 2%Poplar 2% Ginkgo 1% Other 11% 2021 Genera Diversity in Maintained Area of Eden Prairie Parks System Trees of the same genus (genera plural) have the same basic flower structure and may resemble other genus members in outward appearance. An example of a tree genus is maple. However, a red maple is a species of maple within that genus. 14 | P a g e Experts recommend that communities not plant more than 5% of any one genus. They suggests avoiding trees from species rich genera, where there is a high disease susceptibility, and instead maximizing the planting of monotypic trees (Ball, 2017). Monotypic trees are those that only have one species in their genus. Examples of monotypic trees include gingko, Kentucky coffee tree, Osage-orange, hardy rubber tree and katsura tree. Monotypic trees may only have one or two pests, while genera with many species can have hundreds. As an example, maple has 128 species in its genera and 208 pests (Sinclair & Lyon, 1987) (Johnson & Lyon, 1976) (Krussmann, 1984). Gingko, on the other hand, a monotypic tree, meaning it has only one species in its genera, has no known pests. There are limitations on a 5% genus goal. The limitations that should be considered include; certain genera do not survive in certain environments. You must plant with proven success and the right tree in the right spot is the first priority before species diversity. You would not plant a native Amazonian tree to Minnesota to improve diversity standards, as the long-term success of this tree is very low due to it not being cold hardy or appropriate for our local climate. Plant trees that you know will thrive in our climate. Another limitation is the availability and/or cost of tree stock. Having a clear budget gives flexibility to the department and gives the ability to order trees far in advance, which reduces the cost of tree stock. Ordering trees in advance will also give options for more diversity. Ordering two months out from a planting due to budget would restrict planting options to the most common trees, which are typically those that are over planted in our community. Invasive species become destructive when they are introduced into a new landscape. Another dynamic of diversity is to avoid planting genera with species that grow in many parts of the world. Invasive species from one part of the genera are more likely to cross continents leads to an increased likelihood of pests and increased likelihood of the spread and establishment of those pests (Ball, 2017). While we want to maximize the use of native species in our forests, it is important to supplement with introduced species to improve diversity. Use of male or fruitless varieties is best as this prevents uncontrolled propagation and the creation of new invasive species. Figure 10: Students at Prairie View Elementary planting an urban orchard in partnership with Hennepin County 15 | P a g e The Parks & Recreate Department’s genetic diversity goal is to have no more than 5% of any given genera in the maintained portion of its parks. However, the above limitations will not be ignored to meet this goal. These diversity goals will also be promoted on private property types, such as residential, commercial and industrial. Future integration of a diversity guideline with commercial landscaping plans will be one way to accomplish this. Efforts towards public outreach to accomplish this goal on residential properties will need to be made. Quality of Planting Stock When writing contracts with vendors, the most current ANSI Z60.1 standards of nursery stock will be used. These standards set forth by the American Horticulture Industry Association establish common techniques and terminology for the industry. Also described are forms and measurements for diameter, height, root depth and diameter, based upon different species. • ANSI Z60.1 is used to facilitate nursery stock transactions, ensuring the consumer receives the healthiest tree possible at the time of planting (AmericanHort, 2014). • Vegetative cuttings are a form of asexual reproduction used to create nursery stock. Each cutting, which then grows into a tree, is essentially a clone of the original. • When possible, one should avoid vegetative cuttings and cloning in order to maximize individual genetic variation. Maximization of individual genetic variation will increase resilience to pests and stress. Proper Planting Practices Proper planting techniques following the International Society of Arboriculture’s “Best Planting Practices” will minimize losses in both the long and short term (AmericanHort, 2014). The city should continue to follow these practices so that trees planted do not become hazardous or die. An example of proper planting practices would be the removal of encircling roots at the time of planting. This will significantly decrease the chance of stem girdling roots in the future. Stem girdling roots is a common cause of tree death near or at maturity. Proper watering at the time of planting minimizes tree losses in the short term by allowing new roots to become properly established. City crews and volunteer groups should be trained and closely supervised during a Figure 11: Volunteers with Tree Trust planting a tree at Cedar Hills Park 16 | P a g e planting event to ensure proper practices are followed. The primary cause of post-planting stress is too little or too much water, establishment care is needed. Following recommended amounts and frequency of watering is needed to ensure establishment. Other establishment care includes mulching, trunk protection, and structural pruning. Planting Locations The city should continue to take in to consideration the physical characteristics of trees to minimize conflicts with infrastructure. These characteristics include height, crown spread and form. Some basic planting instructions include: • Plant short trees under utility lines • Tree locations should be moved a minimum of 10 feet away from any underground utility (e.g. gas, water, sewer and electric lines) • Do not block windows of buildings, this may promote vandalism and disrupt views • Do not plant short trees at the edge of streets where they may block signage or impede traffic • Space trees based on tree crown size to prevent overcrowding • Sites that are not appropriate for tree planting (small cutouts, areas with standing water, areas that impede park use, etc.) should not be planted Planting in Best Use Ways The City should continue to plant in the highest and best use ways, planting consciously. As noted in the benefits of trees section, trees can save citizens on utility bills. This is not a universal trait, trees must be planted strategically to block winter winds and summer sun. The Arbor Day Foundation recommends planting deciduous trees to shade east and west windows, but pruning as to not block the view. They recommend planting evergreens on the north and northwest sides of buildings, where they will act as a windbreak. In the winter, the deciduous trees will drop their leaves and let the sun in, warming the building (U.S. Department of Energy). Similar strategies can be implemented in parks. Trees can be planted in ways to shade park benches from the summer sun. Some trees can be considered a nuisance due to messy fruits or a natural tendency to drop branches frequently. While it would not be appropriate to plant these trees in high use areas, for example along paths or near an area designated for a specific recreational activity, it may be appropriate to plant these tree types near natural areas or low-use areas where they can act to support animals and pollinators, without disturbing park users. Planting to Anticipate Climate Change The City should plant proactively to anticipate the effects of climate change and urban development. Researchers with the U.S. Forest Service Northern Research Station study 17 | P a g e adapting urban forests to climate change models, also providing the public with climate change adaption strategies. These strategies attempt to sustain current ecological functions, reduce impacts of biological stressors, maintain and create ecological refuges, enhance diversity, and facilitate community adjustments through species transitions. Up to this point, all of these goals, except the last, have been addressed in this document. To address species transitions the researchers use climate change models to anticipate tree migration and changes in tree stress over time. The US Forest Service Northern Research Station lays out the following recommendations for future planting; • Species on the southern edge of their geographic range are vulnerable in the future. Plant native species at the northern limit of their range as these are most likely to provide future habitat. • Manage for species with wide moisture and temperature tolerances, drought and heat tolerance will become increasingly valuable (Swanston, et al., 2018). Pruning and Maintenance The City of Eden Prairie is committed to crown cleaning, crown raising and structural pruning. The City follows all best management practices set forth in the International Society of Arboriculture’s “Pruning Best Management Practices”. Crown cleaning involves the removal of dead, dying, diseased, weakly attached, or low vigor branches. This pruning specification essentially removes non-beneficial parts of a tree to manage health and risk. This type of pruning is used to mitigate risk in high use areas such as tree shaded picnic areas and beaches. Crown raising involves the removal of the lower branches of a tree in order to provide clearance for buildings, vehicles, park lighting, and park users. Structural Pruning is pruning that influences the tree structure, the strength of branch attachment, the growth rate, and the size of branches and stems. It is best conducted at intervals when the tree is young (Association, Tree, Shrub, and Other Woody Plant Management - Standard Practices (Pruning), 2017). There are many benefits to structural pruning. The improved tree structure decreases the chance of structural failures, which means on average trees live longer and need to be replanted less often. It is also more cost effective to prune smaller trees instead of waiting until these trees are mature. When trees are mature, branches are more difficult to remove, making the pruning much slower, more costly, and less effective as larger wounds are left on the tree. Recommended pruning cycles are at; planting, 2-3 years, 5-6 years, 8-10 years and 13-15 years. Following proper cycles can help prevent more costly maintenance in the future . 18 | P a g e Tree Removals The city has always removed trees when necessary. Necessary removals are defined as: • A tree is dead in a maintained portion of a park or will fall into a maintained portion of a park • A tree is infected with a disease which cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity • A tree has been determined by the City to be high or extreme risk and other risk mitigation efforts won’t sufficiently reduce the risk associated with the tree • The tree needs to be removed for park construction or infrastructure improvements Risk Assessment Trees in Eden Prairie that are along trails and in maintained areas of parks are assessed for potential risk following the most current ANSI A300 guidelines, specifically a level one limited visual assessment. Level 1 Risk Assessments are conducted by trained tree inspectors. Trees along trails and in maintained areas of parks that are determined to be high or extreme risk within a years’ timeframe are marked for removal. When possible, if a tree or tree part(s) are determined to be high or extreme risk within a years’ time, mitigation efforts such as pruning, cabling, or other efforts may be appropriate. If tree removal is determined to be the appropriate risk mitigation effort, then the timeline of the removal is determined by the City as a result of the specific level of risk for that tree. Trees in non-maintained areas of parks that are not designated for recreational use are not assessed for risk. As the ISA Best Management Practices Guide states; it is impossible to maintain trees free of all risk, some level of risk must be accepted in order to benefit from trees. Figure 12: City crews remove a diseased tree 19 | P a g e When a private property owner reaches out to the city with concerns regarding the structure or condition of a park tree, the City has a representative, who is Tree Risk Assessment Qualified by the International Society of Arboriculture, assess the tree by performing a Level 2 Basic Assessment. This includes filling out the International Society of Arboriculture’s Basic Tree Risk Assessment Form which is kept on record. If mitigation efforts or tree removal is required, the City will determine that as well as the appropriate timeframe for the work to occur. In some situations, when there is not enough information to make an appropriate assessment of a tree’s risk, the City may perform a Level 3 Advanced Tree Risk Assessment. However, this generally occurs only when the City needs more information than provided in the Level 1 and 2 assessments to accurately evaluate the risk of a tree. The City of Eden Prairie strives to take a balanced and proportionate approach to tree safety management by following best management practices and ANSI standards. Tree Inventory The need for an inventory of the trees maintained on City property was identified in the 2018 EAB Management Plan. This inventory is among the best practices used by the City and allows the it to make data driven decisions about tree management by allowing for a better understanding of the urban forest (tree sizes, species diversity, etc.). Without an accurate inventory, management decisions regarding the urban forest are generally A consistently accurate inventory is needed to accomplish the goals of the city and of this document. Beyond the listed department uses, it also allows for (Bond, 2013); • Increased efficiency • Appropriate budgets • Documented actions Figure 13: Tree inventory interface 20 | P a g e estimates or based on experience and observation. Tree inventories allow for data-based decision making. The tree inventory includes information about the location of individual trees, trails, property lines, easements and right of ways. Point data on the trees gives user information on each tree including its species, cultivar, maintenance needed, management decisions, size and tree health information. Point data taken from our GIS database is used to assign work requests to third- party contractors or to internal crews. The City of Eden Prairie is committed to maintaining our geographic information systems (GIS) tree inventory. In order to accurately maintain an inventory, forestry staff and seasonal workers must have remote devices for GIS data collection, along with accompanying GIS specific staff support. Safety & Training The City of Eden Prairie is committed to training staff on proper safety practices when performing tree work. Staff follow all ANSI Z133 safety standards and undergoes continual training to ensure that best practices for planting, pruning, and removals are followed. Parks staff attend continuing education conferences and obtain professional certifications in the field of arboriculture. Public Outreach & Education Urban forest management cannot be properly implemented without public engagement and education. Much of Eden Prairie’s urban forest falls on private property. In order to maximize the benefits from this resource, private property owners must be educated on how to best manage their trees. The City of Eden Prairie is committed to public outreach and education and will serve as a connection to the natural environment by: • Making information regarding all aspects of urban forest management available online (how to manage invasive species, how to hire a tree care professional, etc.) • Utilizing local volunteers to aid in restoration projects and in tree plantings. These activities are not only fiscally responsible, but also allow volunteers to learn about trees and local environments • Seeking out opportunities to educate the public on invasive species, such as emerald ash borer, in order to decrease tree loses and ensure that the public is aware of management options and timelines • Maintaining a list of local community members and organizations who have expressed interest in tree planting or other volunteer opportunities and reaching out to these groups when these opportunities arise Volunteer groups act as a form of educational outreach. At the same time, they are a cost effective way to accomplish our ongoing projects such as: • Tree plantings & demonstrations • Prairie Seed Harvest • Buckthorn Removal 21 | P a g e • Partnering with local organizations and agencies to improve the natural environment and apply for grant funding in order to improve outreach capabilities and educational opportunities for the public Funding Sources Funding for forestry initiatives come from a variety of sources. In recent years, the City has been able to partner with many other organizations to help fund these initiatives. Funding sources include: • General Budget – The City of Eden Prairie annually budgets for forestry supplies, seasonal tree inspectors and other forestry related expenditures in the City’s annual budget. • Tree Preservation Fund – In 2015, the Tree Preservation Ordinance was revised and included a payment option to meet tree replacement requirements for development projects. These funds are used to purchase trees to be planted throughout the city. • Hennepin County Grants – The Healthy Tree Canopy Grant through Hennepin County provides funds to assist with EAB management projects. The Best of the Rest grant program provides funds to assist with restoration projects the City has completed at Richard T Anderson Conservation Area and the Prairie Bluff Conservation Area. • MN DNR Grants – Provides funds to assist with our EAB management and reforestation efforts. • RPBCWD Grants – Currently provides funds to assist with the annual tree sale. • Nine Mile Creek WD Grants – Currently provides funds to assist with the annual tree sale. Partners Partnerships are a vital part of urban forest management as they increase resources available to manage the urban forest and increase the scope and depth of urban forest management by engaging professionals across multiple agencies. City of Eden Prairie has partnered with Hennepin County, the U.S. Fish and Wildlife Service, Minnesota DNR, Nine Mile Creek Watershed District, Riley Purgatory Bluff Creek Watershed District, Eden Prairie School District, Minnesota Conservation Corps, Minnesota Green Corps, Minnesota Valley National Wildlife Refuge, Tree Trust, and local businesses to improve the urban forest though grants, volunteer opportunities, and partnerships. Responsible urban forest management includes maintaining and fostering these relationships as well as continually searching for new partners and ways to expand the capacities of urban forest management. Conclusion The City of Eden Prairie acknowledges that trees are an instrumental resource to our community. Managing trees in a way that maximizes their benefits is an integral part of our 22 | P a g e governmental role to best serve our community and stay true to our core values, vision, and mission. Trees provide our community with a myriad of benefits and this document will serve as a guiding management plan that will be utilized by all departments when making decisions regarding the urban forest. This document represents the City of Eden Prairie’s commitment to our urban forest and community and outlines the ways in which we will manage this resource to best serve our community for today and tomorrow. 23 | P a g e Bibliography Alvey, A. A. (2006). Promoting and preserving biodiversity in the urban forest. Urban Forestry and Urban Greening, 195-201. AmericanHort. (2014). American Standard for Nursery Stock. American National Standard Institute Z60.1. Columbus, OH, USA: AmericanHort. Association, T. C. (2017). Tree, Shrub, and Other Woody Plant Management - Standard Practices (Pruning). American National Standards Institute A300. Londonderry, NH, USA: Tree Care Industry Association. Association, T. C. (2017). 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Retrieved from World Resources Institute: https://www.wri.org/insights/6-ways-remove-carbon-pollution-sky CITY COUNCIL AGENDA SECTION: Report of Parks and Recreation Director DATE: October 26, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Frontline Workers Art Therapy Update ITEM NO.: XIV.D.2. Synopsis At the September 21, 2021 City Council Meeting, council members discussed the benefits of offering Art Therapy opportunities to assist and recognize front line workers. Staff has conducted research and has met with local experts to determine a proposed approach. Parks and Recreation Director Jay Lotthammer will overview the research and suggest next steps for implementation.