HomeMy WebLinkAboutCity Council - 04/05/2022
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, APRIL 5, 2022 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 Lieutenant Jess Irmiter, 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. HOLASEK HILLS COURTS – LIFE TIME FITNESS LEASE PROPOSAL
II. COUNCIL ENGAGEMENT
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, APRIL 5, 2022 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. TELECOMMUNICATORS WEEK PROCLAMATION
B. ARBOR DAY PROCLAMATION
C. ACCEPT DONATION FROM NEXT CHAPTER INSURANCE FOR
SENIOR CENTER (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 15, 2022
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 15, 2022
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. SECOND READING OF ORDINANCE AMENDING CITY CODE
CHAPTER 13 TO ESTABLISH AFFORDABLE HOUSING TRUST FUND
AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
C. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION
5.76 RELATING TO MOBILE FOOD VENDORS AND 9.05 RELATING TO
CITY COUNCIL AGENDA
April 5, 2022
Page 2
FIRE CODE PERMITS AND ADOPT RESOLUTION APPROVING
ORDINANCE SUMMARY
D. APPROVE 2021 UNBUDGETED FUND TRANSFERS
E. APPROVE INTERLOCAL AGREEMENT FOR MEMBERSHIP IN THE
INTERLOCAL PURCHASING SYSTEM (TIPS)
F. APPROVE AGREEMENT WITH BIFF’S, INC. FOR PORTABLE TOILET
SERVICERS
G. APPROVE AGREEMENT WITH ISG FOR DESIGN, CONSTRUCTION,
AND BIDDING DOCUMENTS FOR ROUND LAKE PARK BUILDING
H. APPROVE AGREEMENT WITH ISG FOR DESIGN, CONSTRUCTION,
AND BIDDING DOCUMENTS FOR MILLER PARK INDOOR COURT
FACILITY
I. AUTHORIZE GRANT APPLICATION SUBMISSION FOR
METROPOLITAN COUNCIL’S REGIONAL SOLICITATION FOR
FEDERAL TRASPORTATION FUNDS FOR FLYING CLOUD DRIVE
TRAIL
J. AWARD CONTRACT FOR 2022 CURB AND GUTTER REPLACEMENT
TO CURB MASTERS INC.
K. APPROVE SETTLEMENT AGREEMENT FOR PARCEL 3 FOR TOWN
CENTER STATION PROJECT (Resolution)
L. AWARD CONTRACT FOR 2022 STRIPING TO SIR LINES-A-LOT LLC
M. APPROVE AGREEMENT WITH WSB AND ASSOCIATES, INC. FOR
CONTRACT ADMINISTRATIVE SERVICES FOR CSAH 61
LANDSCAPING PROJECT
N. APPROVE CONTRACT WITH ELECTRIC PUMP FOR REPAIR OF
WASTEWATER PUMP AT SPRING ROAD SANITARY SEWER LIFT
STATION
O. APPROVE AGREEMENT FOR PHASE IX POND INVENTORY AND
INSPECTION PROGRAM WITH STANTEC, INC.
IX. PUBLIC HEARINGS / MEETINGS
A. CODE AMENDMENT FOR LIGHTING by City of Eden Prairie. First Reading
of Ordinance to Amend City Code Chapter 11 Relating to Site Lighting
(Ordinance)
CITY COUNCIL AGENDA
April 5, 2022
Page 3
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Mayor’s Water Challenge (Resolution)
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
AGENDA
CITY OF EDEN PRAIRIE
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, APRIL 5, 2022 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 MARCH 1, 2022
III. ASSIGNMENT OF CDBG LOAN FOR COLUMBINE TOWNHOMES
(Resolution)
IV. ADJOURNMENT
UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, MARCH 1, 2022 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, Community Development Director Julie Klima, and City Attorney Maggie Neuville
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 DECEMBER 21, 2021
MOTION: Nelson moved, seconded by Freiberg, to approve the HRA minutes from December 21, 2021. Motion carried 5-0. III. ADOPT RESOLUTION NO. 2022-01 MODIFYING REDEVELOPMENT
PROJECT AREA NO. 5, ESTABLISHING TIF DISTRICT NO. 25, AND ADOPTING TIF PLAN AND TIF DEVELOPMENT AGREEMENT FOR THE ELLIE APARTMENTS Getschow explained the Council has received presentations to consider Tax Increment
Financing (TIF) for the Ellie. The Ellie is a 4-story mixed-income apartment project that
meets the criteria for a new Housing TIF District. 20 percent of the units, 48 of the 239 total units, will be affordable to residents earning at or below 50 percent of the Area Median Income (AMI). An additional 12 units will be affordable to residents earning at or below 80 percent of the AMI. The remaining 179 units will be market rate. The is Ellie
located on Lincoln Lane just east of Eden Prairie Road. Getschow stated TIF District 25 is being established as a Housing TIF District. The site qualifies as a Housing TIF District because the project will meet the income requirements. The TIF Plan sets up the district for the maximum duration of 26 years. The maximum
budgetary authority in the district is $33.28 million. The actual assistance to the property
owner is anticipated to be a present value of $7 million. Total payments, which include interest paid on the $7 million, are projected to be $11.3 million. Getschow stated the TIF Plan assumes Pay-As-You-Go assistance to the developer. Pay
As-You-Go TIF requires the developer to seek its own financing secured by all or a portion of the tax increments generated by the project. In this scenario, the City and HRA do not provide the funding upfront but enter into an agreement to provide tax increment payments
HRA MINUTES March 3, 2022
Page 2 from the increased taxes from the project up to a specific dollar amount over time. If tax
increment is not enough to repay the developer, the City does not make up the difference. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution HRA No. 2022-01 Modifying the Redevelopment Plan for Redevelopment Project Area No. 5, establishing TIF District No. 25 (The Ellie Apartments), adopting a Tax Increment Financing Plan, and approving the TIF Development Agreement. 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 7:06 PM.
Respectfully submitted, ___________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: HRA
DATE:
April 5, 2022
DEPARTMENT / DIVISION:
Jonathan Stanley
Community Development/Housing and Community Services
ITEM DESCRIPTION:
Approve Assignment of CDBG Loan for Columbine Townhomes
ITEM NO.:
III.
Requested Action
Move to: Adopt Resolution Approving Second Amendment to Project Management Agreement and Assignment of CDBG Loan for Columbine Townhomes Synopsis
In 1996, the HRA and the City approved the provision of Tax Increment Financing (TIF) for Columbine Townhomes, located at 8601 Columbine Road. The HRA also provided a loan to the developer of Community Development Block Grant (CDBG) funds in the principal amount of $142,125.00. The City and the developer executed a Project Management Agreement (PMA) wherein the developer agreed that,
for the duration of the TIF district, 100% of the 32 townhome units in the project would be affordable to
individuals or families whose incomes do not exceed 60% of the AMI. All TIF payments have been made and the affordability obligation under the PMA currently expires in 2022. In January, staff was contacted by the Cornerstone Group, owner and manager of Columbine
Townhomes, in regard to the need for capital improvement funding and the potential of longer-term affordability at the property. At that time, the CDBG loan made in 1996 was also coming due, with interest nearly doubling the initial loan amount. To assist with funding the proposed capital improvements, staff proposed to Cornerstone that the HRA forgive repayment of CDBG loan, conditioned on Cornerstone extending the period of affordability and promising to make the proposed
capital improvements.
At the request of Cornerstone, the loan forgiveness is structured as an assignment of the CDBG loan to Cornerstone’s affiliates. In exchange for this assignment, Cornerstone will continue to maintain the affordability of 100% of the units for an additional 10 years and promise to make the proposed capital
improvements in the amount of $207,014.00, which amount represents the outstanding principal and
interest on the CDBG loan. The improvements include improvements to the exterior, interior, and
mechanical components of the townhomes.
Attachments Resolution
Second Amendment to Project Management Agreement Assignment of CDBG Loan Documents Allonge to CDBG Note Assignment of CDBG Mortgage
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ______
RESOLUTION APPROVING SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT AND ASSIGNMENT OF CDBG LOAN FOR COLUMBINE TOWNHOMES BE IT RESOLVED by the Board of Commissioners (the “Board”) of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the “HRA”) as follows:
Section 1. Recitals. 1.01 The HRA and Columbine Townhomes Affordable Housing Limited Partnership
(“Developer”) entered into that certain Project Management Agreement dated April 8, 1996 and
filed with the Hennepin County Registrar of Titles’ Office on May 8, 1996 as Document No. 2699679, as amended by that certain agreement entitled Amended Project Management Agreement, dated July 17, 2012 and filed with the Hennepin County Recorder’s Office on March 8, 2013 as Document No. 9918067 and with the Hennepin County Registrar of Titles’ Office on March 3, 2022 as Document No. 5926444 (the “Agreement”), relating to an affordable townhome
development located at 8601 Columbine Road in Eden Prairie (the “Project”); 1.02 WHEREAS, pursuant to the Agreement, the HRA made a loan to Developer of Community Development Block Grant funds in the principal amount of $142,125.00 (“CDBG
Loan”), which loan was evidenced by a promissory note (“CDBG Note”) and secured by a
mortgage on the real property on which the Project is located (“CDBG Mortgage”); 1.03 WHEREAS, Developer has requested that the HRA provide financial assistance for proposed capital improvements to the Project by waiving its right to repayment of the CDBG Loan and assigning the loan to an affiliate of Developer in exchange for Developer’s provision of
additional years of affordability in the Project and Developer’s promise to complete capital improvements in the Project; 1.04 WHEREAS, Developer will provide to the HRA a Confession of Judgment in the
amount of $207,014.00 to secure Developer’s obligation to complete the improvements;
1.05 WHEREAS, assignment of the CDBG Loan in exchange for continued affordability and capital improvements to the Project is in the best interests of the City and furthers the City’s affordable housing goals;
1.06 WHEREAS, the parties desire to amend the Agreement to provide for the extended affordability and the improvements, and to evidence the assignment of the CDBG Loan;
Section 2. Approval of the Second Amendment to Project Management Agreement and CDBG Loan Assignment Documents.
3.01. The Second Amendment to Project Management Agreement is hereby approved and may be executed by the Chair and the Executive Director of the HRA.
3.02 The Assignment of CDBG Loan Documents, Allonge to CDBG Note, and
Assignment of CDBG Mortgage are hereby approved and may be executed by the Chair and the Executive Director of the HRA. 3.03 Upon full execution, the Second Amendment to Project Management Agreement and the Assignment of CDBG Mortgage shall be filed with Hennepin County Registrar of Titles’
Office.
ADOPTED by the HRA in and for the City of Eden Prairie this 5th day of April, 2022. __________________________________
Ronald A. Case Chair
_____________________________________
Rick Getschow Executive Director
SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT
BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF EDEN PRAIRIE AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP
THIS SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT (THIS "SECOND AMENDMENT") IS MADE AS OF APRIL 5, 2022 BETWEEN THE HOUSING
AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, A PUBLIC BODY CORPORATE AND POLITIC UNDER THE LAWS OF THE STATE OF MINNESOTA (“AGENCY”), AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP UNDER THE LAWS OF THE STATE OF MINNESOTA (“DEVELOPER”).
RECITALS: WHEREAS, Agency and Developer entered into that certain agreement entitled “Project Management Agreement”, dated April 8, 1996 and filed with the Hennepin County
Registrar of Titles’ Office on May 8, 1996 as Document No. 2699679, as amended by that certain agreement entitled “Amended Project Management Agreement,” dated July 17, 2012 and filed with the Hennepin County Recorder’s Office on March 8, 2013 as Document No. 9918067 and with the Hennepin County Registrar of Titles’ Office on March 3, 2022 as Document No. 5926444 (collectively, the “Agreement”), regarding certain land owned by Developer, legally described as
set forth on Exhibit A, attached hereto and incorporated here, (“Property”), for private development
in the City of Eden Prairie, Minnesota (“City”), upon which Developer has developed a multifamily housing project (“Project”); and WHEREAS, pursuant to the Agreement, the Agency provided a loan to Developer of
Community Development Block Grant (“CDBG”) funds in the amount of $142,125.00 (the “CDBG Loan”); and WHEREAS, in consideration of the CDBG Loan, Developer (f/k/a Heartland-Eden Prairie Columbine Limited Partnership) executed a promissory note dated April 8, 1996 in favor of the
Agency (the “CDBG Note”); and
WHEREAS, to secure the CDBG Note, Developer granted to the Agency a mortgage on the Property, which mortgage was filed with the Hennepin County Registrar of Titles’ Office on May 8, 1996, as Document No. 2699680;
WHEREAS, Section 2.2 of the Agreement required Developer to make annual payments of $10,000 from December 31, 2011 through December 31, 2021, at which time Developer was required to repay to the Agency in a lump sum all principal plus accrued but unpaid interest on the CDBG Loan;
WHEREAS, Developer has requested that the Agency waive enforcement of Developer’s obligation to make the lump-sum repayment of the CDBG Loan and instead sell and assign the
CDBG Note and CDBG Mortgage to Colleen M. Carey, as Trustee of the Colleen M. Carey Revocable Trust U/A/D February 9, 2022, and Columbine T.G.B. Limited Partnership (collectively,
“Assignee”); WHEREAS, the amount of principal and interest outstanding on the CDBG Loan as of the date of this Second Amendment is $207,014.00;
WHEREAS, the Agency has agreed to the sale and assignment of the CDBG Note and CDBG Mortgage to Assignee in exchange for Developer’s provision of additional years of affordability in the Project; and WHEREAS, Developer also proposes to make certain updates and improvements to the
Project as outlined on Exhibit B attached to this Second Amendment (the “Improvements”); and WHEREAS, it is now the desire of the Agency and Developer to amend the provisions of the Agreement to account for the additional years of affordability and Developer’s provision
of the Improvements; and
WHEREAS, the Agency, Assignee, and Developer will executing separate documents contemporaneously with this Second Amendment to document the sale and assignment of the CDBG Note and CDBG Mortgage.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, conditions, and promises set forth in this Second Amendment, the parties agree as follows: 1. Section 3 of the Agreement is amended by adding the following new Subsections
3.14 and 3.15:
3.14 Extended Affordability. Notwithstanding (i) the Agency’s completion of payments of Tax Increment Funds as provided in Subsection 2.5, or (ii) the termination of the TIF District, Developer shall continue to maintain the affordability of the Project as required by Subsections 3.1 through 3.12 through
December 31, 2032. 3.15 Improvements. Developer must complete the Improvements listed on Exhibit B to the Second Amendment no later than December 31, 2031. To
secure its obligation to complete the Improvements, contemporaneous with its
execution of the Second Amendment, Developer will execute and deliver to the Agency the Confession of Judgment attached as Exhibit C to the Second Amendment (the “Confession”). In the event Developer fails to complete all or a portion of the Improvements on or before December 31, 2031, the Agency will provide Developer with written notice of such default. If Developer fails to cure
the default within sixty (60) days after Developer’s receipt of such written notice of default or such greater time as allowed by the Agency, in addition to any other remedy available to the Agency at law or in equity, the Agency may file the Confession in Hennepin County District Court and enforce the judgment as
2
permitted by law. By executing the Confession, Developer confesses judgment in favor of the Agency in the maximum amount of $207,014.00; however, in the
event Developer has completed a portion of the Improvements by December 31, 2031, the Agency will reduce the amount of the judgment by the cost of the Improvements that have been completed. The Confession represents a contingent obligation of Developer and will not be filed or enforced by the Agency if
Developer completes the Improvements as provided in this Section. Developer
shall submit annually to the Agency, with the rent roll required by Section 3.4, a report on the status of the Improvements as of the date of the report. The parties agree and acknowledge that Exhibit B contains only an estimate of Developer’s planned expenses in each category of Improvements over the ten-year period. The Agency will consider Developer to have met its obligations under this Section if
Developer documents total expenses in the amount of $207,014.00, even if the amounts for each category differ than the estimates shown in Exhibit B. 2. The first sentence of Section 4 of the Agreement is amended to read as
follows:
4. Termination of Agreement. This Agreement shall remain in full force and effect through December 31, 2032, unless earlier terminated as provided below.
3. Subsection 4.2 of the Agreement is deleted in its entirety. 4. Subsection 4.3.b of the Agreement is deleted in its entirety.
5. The last sentence of Section 4.5 of the Agreement is deleted in its entirety.
6. Relating to Section 6.2 of the Agreement, Developer will be converting pursuant to Minnesota Statutes, Chapters 321 and 322C from being a Minnesota limited partnership to being a Minnesota limited liability company whose name following the conversion will be Columbine Townhomes, LLC (“Post-Conversion Developer”). Pursuant to Minnesota Statutes,
Sections 321.1105 and 322C.1010, Post-Conversion Developer will be for all purposes the same entity as Developer, all property that Developer owns, including the Project, will remain vested in Post-Conversion Developer, all debts, obligations, and other liabilities of Developer, including pursuant to the Agreement, as amended by this Second Amendment, will continue as debts,
obligations, and other liabilities of Post-Conversion Developer. In accordance with Section 6.2
of the Agreement, the Agency approves the conversion of Developer into Post-Conversion Developer. 7. Developer’s address that is set forth in Section 9 of the Agreement is amended as follows:
To Developer: Columbine Townhomes, LLC 5324 Oliver Avenue South Minneapolis, MN 55419
8. The Agency waives any default of Developer under the Agreement occasioned by
its failure to make the lump-sum payment on the CDBG Loan required by December 31, 2021. Pursuant to the execution of this Second Amendment, and subject to the Agency’s completed assignment of the CDBG Loan as described in the recitals, the time for Developer’s repayment of the CDBG Loan pursuant to Section 2.2 of the Agreement is hereby amended and extended to
December 31, 2022.
9. Except as specifically amended hereby, the Agreement shall continue in full force and effect. The Agreement and this Second Amendment shall, from and after the date hereof, be construed as one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the day and year first above written.
AGENCY:
THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE
_________________________________ Ronald A. Case, Chair _________________________________
Rick Getschow, Executive Director
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of April, 2022, by Ronald A. Case and Rick Getschow, the Chair and Executive Director, respectively, of
the Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic of the State of Minnesota, on behalf of that pubic body corporate and politic.
___________________________________
Notary Public
DEVELOPER:
COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP
By: Cornerstone/Equities LLC
Its: General Partner
_________________________________ By: Colleen M. Carey Its: Chief Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of April,
2022, by Colleen M. Carey, the Chief Manager of Cornerstone/Equities LLC, a Minnesota limited liability company, which is the General Partner of Columbine Townhomes Affordable Housing Limited Partnership, a Minnesota limited partnership, on behalf of the partnership.
___________________________________
Notary Public
Drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Ave. S., Ste. 1550 Minneapolis, MN 55401
EXHIBIT A to Second Amendment to Project Management Agreement
Legal Description
Lot 1, Block 1, Columbine Addition, according to the recorded plat thereof, Hennepin County,
Minnesota.
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EXHIBIT B to Second Amendment to Project Management Agreement Improvements
EXHIBIT C to Second Amendment to Project Management Agreement Confession of Judgment
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: 3B – OTHER CONTRACT
Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, Plaintiff,
vs. Columbine Townhomes Affordable Housing Limited Partnership, Defendant.
Court File No. _____________
CONFESSION OF JUDGMENT
The undersigned Defendant, Columbine Townhomes Affordable Housing Limited
Partnership (“Defendant”), hereby confesses judgment in favor of Plaintiff Housing and
Redevelopment Authority in and for the City of Eden Prairie (“Plaintiff”) for the maximum sum
of $207,014.00, plus interest as described in this Confession of Judgment. The sum of
$207,014.00, is justly due, and the Defendant hereby authorizes the entry of judgment against it
for said amount, less any amounts credited by Plaintiff as required pursuant to, and in accordance
with, the PMA (as defined in paragraph 2 below), with interest at the prevailing judgment rate on
the net amount after reduction for any such credited amount from the date of the entry of judgment
until duly paid in full.
Defendant hereby executes this Confession of Judgment (the “Confession”) pursuant to
Minnesota Statutes § 548.22, and as for such purpose, states and agree as follows:
1. This Confession is for a debt due and owing to Plaintiff based on the facts set forth
herein.
2. On April 5, 2022, Plaintiff and Defendant executed that certain Second Amendment
to Project Management Agreement (“PMA”) whereby Defendant agreed to perform certain
Improvements, as defined in the PMA, to the townhome project known as Columbine Townhomes
in the City of Eden Prairie.
3. In consideration for Defendant’s promise to make the Improvements, Plaintiff
assigned to affiliates of Defendant a debt due and owing from Defendant to Plaintiff.
4. The PMA required Defendant to complete the Improvements on or before
December 31, 2031.
5. Defendant failed to complete all or a portion of the Improvements on or before
December 31, 2031.
6. Plaintiff provided Defendant with written notice of the default on ___________.
Defendant failed to complete the Improvements within the time period specified in the notice, as
required by the PMA.
7. The sum of $207,014.00, less any amounts credited by Plaintiff as required pursuant
to, and in accordance with, the PMA for any portion of the Improvements that were completed as
required, plus interest at the prevailing judgment rate on the net amount after reduction for any
such credited amount from the date of entry of this Confession, is justly due and owing to Plaintiff,
and the Defendant hereby confesses judgment for the same and authorizes entry of judgment
against it without further delay. Defendant agrees and understands that said judgment amount may
be further reduced after entry based upon subsequent payments or future credits, which includes,
but is not limited to, actual costs and disbursements.
8. The Court Administrator may enter judgment in favor of Plaintiff and against
Defendant in the sum total of $207,014.00, less any amounts credited by Plaintiff as required
pursuant to, and in accordance with, the PMA for Improvements completed, plus interest at the
prevailing judgment rate on the net amount after reduction for any such credited amount from the
date of entry of this Confession, without further delay.
COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP
By: Cornerstone/Equities LLC Its: General Partner
_________________________________ By: Colleen M. Carey Its: Chief Manager
VERIFICATION
I, Colleen M. Carey, being first duly sworn on oath state that I am the Chief Manager of
Cornerstone/Equities LLC, the General Partner of Columbine Townhomes Affordable Housing
Limited Partnership, the 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.
Dated:_____________________
_________________________________ Colleen M. Carey
STATE OF MINNESOTA ) ) ss.
COUNTY OF ________________ )
The foregoing Confession of Judgment was signed, verified and acknowledged before me,
a Notary Public, on this ______ day of April, 2022 by Colleen M. Carey, the Chief Manager of
Cornerstone/Equities LLC, the General Partner of Columbine Townhomes Affordable Housing
Limited Partnership, on behalf of the limited partnership.
_____________________________
Notary Public
23601840v2
ASSIGNMENT OF LOAN DOCUMENTS
This Assignment of Loan Documents (this “Assignment”) is made as of the 5th day of April, 2022,
by and among the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota (“Assignor”), COLLEEN M. CAREY, as Trustee of the Colleen M. Carey Revocable Trust U/A/D February 9, 2022, a trust established under Minnesota law (“Trustee”),
COLUMBINE T.G.B. LIMITED PARTNERSHIP, a Minnesota limited partnership (“Columbine
T.G.B. and, together with Trustee, collectively “Assignee”) and COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP (f/k/a HEARTLAND-EDEN PRAIRIE COLUMBINE LIMITED PARTNERSHIP), a Minnesota limited partnership (“Borrower”).
W I T N E S S E T H:
WHEREAS, Assignor has agreed to convey to Assignee all of Assignor’s right, title and interest
in and to the loan in the original principal amount of $142,125.00 (the “Loan”) that Assignor made to Borrower and the loan documents that are described on Exhibit A attached hereto and hereby
made a part hereof (the “Loan Documents”); and
WHEREAS, Assignor desires to execute this Assignment in favor of Assignee.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and
Assignee hereby agree as follows:
1. Assignment. Assignor hereby sells, assigns, transfers and conveys to Assignee, without any representation, warranty or recourse other than as specifically provided for herein, all of Assignor’s right, title and interest in and to the Loan and all of the Loan Documents.
2. Representations and Warranties. Assignor hereby represents and warrants to Assignee that (a) Assignor is the holder of the Loan Documents, (b) Assignor has not pledged or granted a security interest in the Loan Documents and Assignor’s interest therein is free and clear of all liens and encumbrances, (c) Assignor is a public body corporate and politic under the laws
of the State of Minnesota, validly existing and in good standing under the laws of Minnesota and
has full power and authority to execute and deliver this Assignment, (d) Assignor will accept no payments under the Loan after this date, and (e) there is currently outstanding under the Loan the total principal and interest amount of $207,014.00.
3. Acceptance and Assumption. Assignee hereby accepts from Assignor the assignment of all of Assignor’s right, title and interest in and to the Loan and all of the Loan
Documents and assumes all of Assignor’s obligations (if any) pursuant to the Loan Documents
that arise with respect to actions or omissions from and after the date of this Assignment.
4. Acknowledgement. Assignee acknowledges that (a) Assignor has not made any representations or warranties with respect to the Loan or the Loan Documents, other information
related to the Loan, the enforceability of the Loan Documents, the value, condition, sufficiency,
ownership or status of title of the property or any other collateral securing payment of the Loan, the creditworthiness of Borrower or any other party that may be obligated on the Loan or the
2
perfection or appropriateness of any filing with respect to any lien or security interest related to the Loan in connection with the sale, transfer and assignment of the Loan and the Loan Documents
and such sale, transfer and assignment is made “as is, where is,” except for the representations set forth in paragraph 2 above, and (b) the sale, transfer and assignment of the Loan and Loan Documents is otherwise without recourse to Assignor.
5. Successors and Assignees. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assignees.
6. Governing Law. This Assignment shall be governed by and construed in
accordance with the laws of the State of Minnesota.
IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Assignment as of the day and year first above written.
[REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK]
ASSIGNOR:
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the
State of Minnesota
By: Ronald A. Case Its Chair
By:
Rick Getschow Its Executive Director
ASSIGNEE:
COLLEEN M. CAREY, as Trustee of the Colleen M. Carey Revocable Trust U/A/D February 9, 2022, a trust established under Minnesota law
Colleen M. Carey, Trustee
COLUMBINE T.G.B. LIMITED
PARTNERSHIP, a Minnesota limited
partnership By: Troy Holdings 2, LLC, a Minnesota limited liability company Its: General Partner
By: Terrence E. Troy, President
BORROWER:
COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP (f/k/a HEARTLAND-EDEN PRAIRIE COLUMBINE LIMITED PARTNERSHIP), a Minnesota limited
partnership
By: Cornerstone/Equities LLC Its: General Partner
__________________________________ By: Colleen M. Carey Its: Chief Manager
A-1
EXHIBIT A
(Loan Documents)
Promissory Note dated as of April 8, 1996, executed by Heartland-Eden Prairie Columbine Limited Partnership in favor of Assignor, in the original principal amount of $142,125.00. Mortgage dated as of April 8, 1996, executed by Columbine Townhomes Affordable Housing
Limited Partnership in favor of Assignor, filed with the Hennepin County Registrar of Titles on
May 8, 1996 as Document No. 2699680.
23601841v2
ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a body corporate and politic under the laws of Minnesota (the
“Assignor”), hereby sells, assigns and transfers to (i) COLLEEN M. CAREY, as Trustee of the
Colleen M. Carey Revocable Trust U/A/D February 9, 2022, a trust established under Minnesota law, and (ii) COLUMBINE T.G.B. LIMITED PARTNERSHIP, a Minnesota limited partnership, jointly as holders of equal, undivided interests, (collectively, the “Assignee”), all of the Assignor’s right, title and interest in and to that certain Mortgage dated as of April 8, 1996, executed by COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP, a
Minnesota limited partnership (the “Borrower”), in favor of the Assignor, filed of record in the Office of the Registrar of Titles of Hennepin County, Minnesota, on May 8, 1996, as Document No. 2699680, securing an indebtedness in the amount of $142,125.00, and encumbering property legally described on Exhibit A attached hereto and hereby made a part hereof; to have and to hold
the same unto the Assignee and to the respective successors, legal representatives and assigns of
the Assignee forever. ASSIGNOR HAS NOT MADE AND DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE. EXCEPT AS EXPRESSLY SET FORTH IN THAT CERTAIN ASSIGNMENT OF LOAN DOCUMENTS OF EVEN DATE HEREWITH BY AND BETWEEN ASSIGNOR AND ASSIGNEE.
IN WITNESS WHEREOF, the undersigned has executed and delivered this Assignment of
Mortgage as of the 5th day of April, 2022.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota
By: Ronald A. Case Its Chair
By: Rick Getschow
Its Executive Director
STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of April, 2022, by Ronald A. Case and Rick Getschow, respectively the Chair and Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic
under the laws of the State of Minnesota, for and on behalf of said public body.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Gregerson, Rosow, Johnson & Nilan, Ltd.
100 Washington Ave. S., Ste. 1550 Minneapolis, MN 55401
EXHIBIT A
(Legal Description) Lot 1, Block 1, Columbine Addition, according to the recorded plat thereof, Hennepin County,
Minnesota
ALLONGE TO PROMISSORY NOTE
THIS ALLONGE TO PROMISSORY NOTE (this “Allonge”) is made as of April 5, 2022,
by the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a body corporate and politic under the laws of Minnesota (“Assignor”), and it is intended that this Allonge shall be attached to and made a permanent part of that certain Promissory Note dated as of April 8, 1996, in the original principal amount of One Hundred Forty-Two
Thousand One Hundred Twenty-Five and No/100 Dollars ($142,125.00), executed by Heartland-
Eden Prairie Columbine Limited Partnership (n/k/a Columbine Townhomes Affordable Housing Limited Partnership), a Minnesota limited partnership, to the order of the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a body corporate and politic under the laws of Minnesota.
Pay to the order of (i) COLLEEN M. CAREY, as Trustee of the Colleen M. Carey Revocable
Trust U/A/D February 9, 2022, a trust established under Minnesota law, and (ii) COLUMBINE T.G.B. LIMITED PARTNERSHIP, a Minnesota limited partnership, jointly as holders of equal, undivided interests (collectively “Assignee”), or their respective successors and/or assigns, without recourse, representation, or warranty, of any kind or nature, except as expressly set forth
in that certain Assignment of Loan Documents of even date herewith by and between Assignor
and Assignee.
ASSIGNOR: HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota
By: Ronald A. Case Its Chair
By:
Rick Getschow
Its Executive Director
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, emergencies can occur at times that require police, fire, or emergency
medical services; and
WHEREAS, when an emergency occurs, the prompt response of police officers,
firefighters, and paramedics is critical to the protection of life and preservation of
property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the
quality and accuracy of information obtained from citizens who telephone the City of
Eden Prairie emergency communications center; and
WHEREAS, Public Safety Telecommunicators are the first and most critical contact our
citizens have with emergency services; and
WHEREAS, Public Safety Telecommunicators are the single vital link for our police
officers and firefighters by monitoring their activities by radio, providing them
information and ensuring their safety; and
WHEREAS, Public Safety Telecommunicators of the City of Eden Prairie have
contributed substantially to the apprehension of criminals, suppression of fires and
treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding and
professionalism during the performance of their job in the past year; and
NOW, THEREFORE, BE IT RESOLVED, the Eden Prairie City Council does hereby
declare the week of April 10-16, 2022 as National Public Safety Telecommunicators Week
in the City of Eden Prairie in honor of the men and women whose diligence and
professionalism keep our City and citizens safe.
ADOPTED by the Eden Prairie City Council on April 5, 2022.
Ronald A. Case, Mayor
City of Eden Prairie
ITEM NO.: IV.A.
PROCLAMATION
ARBOR DAY – April 30, 2022
WHEREAS, Arbor Day provides people in Eden Prairie the opportunity to celebrate the
importance of trees and forests to our economy, health, culture, history, and future of the city;
and
WHEREAS, Trees are of great value as they provide clean air and water, shade, energy savings,
wildlife habitat, and recreational opportunities; and
WHEREAS, Thoughtfully choosing, planting, and caring for a diverse mix of trees and caring
for trees as described in the cities’ Urban Forest Management Plan makes our community more
resilient into the future; and
WHEREAS, Trees play a major role in combating climate change by sequestering carbon from
the atmosphere, thereby offsetting greenhouse gas emissions; and
WHEREAS, Trees help Eden Prairie meet the Climate Action Plan goal of community-wide
carbon neutrality by 2050; and
WHEREAS, Eden Prairie first celebrated Arbor Day in 1982; and
WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day
Foundation and desires to continue its tree stewardship and tree planting practices.
NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota, do hereby
proclaim April 30, 2022, as Arbor Day in the City of Eden Prairie, and urge all citizens to
support efforts to protect our trees and woodlands and to support our City’s urban forestry
program; and
FURTHER, I urge all citizens to plant and care for trees to promote the well-being of present
and future generations.
ADOPTED by the Eden Prairie City Council on April 5, 2022.
Ronald A. Case, Mayor
ITEM NO.: IV.B.
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
April 5, 2022
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Next Chapter Insurance to Senior Center event
ITEM NO.:
IV.C.
Requested Action
Move to: Adopt Resolution accepting the donation of $250 from Next Chapter Insurance
the August Bingo event at the Senior Center. Synopsis
Donations such as this allow the Senior Center to offer special events at low or no cost to
residents. Background
The Eden Prairie Senior Center serves area seniors with drop-in programs, enrichment classes,
fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years.
The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational,
psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $250 to be used towards the Senior Center August Bingo event from Next Chapter Insurance is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of April, 2022.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 15, 2022 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 Matthew 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. SOUTHWEST LIGHT RAIL TRANSIT
Jim Alexander, project director for southwest light rail transit (SWLRT), and James
Mockovciak, SWLRT outreach coordinator for Eden Prairie and Minnetonka, provided a
presentation to the Council on SWLRT updates. Alexander presented a project overview of
the metro green line extension. When looking at the overall project, a lot of the major bridges
are in Eden Prairie. 29 new structures are up and all are under construction now. A lot of
retaining walls and track have been laid. One of the key challenges of the project has been
the shared freight rail corridor. Overall, they are currently a little over 60 percent done on the
civil construction. Minneapolis is at the tail end of completion for the project. The civil
contractor, led by Lunda/McCrossan, is in charge of building the bridges, track, and stations.
Aldridge-Parsons Joint Venture (JV) is the systems contractor who started last year. There
are many specialty contractors they have been working with regularly to complete this
project.
Case asked how close Eden Prairie is to completion. Alexander replied he does not have a
percentage of civil construction completed specific to Eden Prairie. They are nearly ready to
turn over the Eden Prairie portion of the line to the systems contractor to work on. One of the
challenges they run into is it looks like it is done, but it is not. Once the system is done there
is testing. The most obstructive roadway closures are essentially over. For the most part,
structures and retaining walls are built. They still have about 1,000 piles to do. They had
announced in January the timeline will be later than anticipated. Completion was pushed
until 2027. The two key issues have been the corridor protection wall and the secant pile
retaining wall. The corridor protection wall is a crash barrier that divides the freight rail from
the light rail in eastern Minneapolis. It was originally planned to be a change order, and once
the change order was requested the cost was a lot more than originally anticipated with the
City Council Workshop Minutes March 15, 2022
Page 2
contractor as well as a longer timeline. The secant pile retaining wall is necessary for one of
the tunnels they are building. One of the sections, near a condominium, has developed
cracks. They have hired experts to assess what is going on and what has been the cause of the
cracks as they have only been digging holes so far. Case inquired if they are optimistic the
work they have done has not created the cracks. Alexander replied he would like to hear the
information from the engineer. Toomey inquired if there is room to move the tunnel.
Alexander replied there is no room to move the tunnel. The portion near the condominiums is
about 500 feet long. The tunnel is about 2,200 feet long. He is confident they will find a path
to go through. Toomey inquired if the cracks are in the foundation of the building. Alexander
replied at the transition between the link building and silo building there is minor separation
occurring.
Alexander stated the third key issue has been the Eden Prairie town center station. This
change, collectively with the other changes, has been an issue for the contractor. Getschow
stated the town center station being listed in the article as a challenge has caused some
consternation as it was always intended to be a change order. The City also helped secure a
grant for funding. Alexander stated the cost of the change order in combination with other
changes has caused challenge. Town center station is nearly done. The tunnel is the primary
culprit of the extended timeline.
Alexander stated initially the contractor was scheduled to complete their work by October
this year. Due to the challenges, they needed to add another 34 months to the contract. They
also have to negotiate a new schedule with the systems contractor. Once their contract has
been negotiated, they will need to adjust the supporting contracts for consultants. The new
revised estimated total is $2.65 to $2.75 billion dollars.
Narayanan inquired about federal funding and if there will be additional funding from the
new infrastructure bill. Alexander stated he will have funding information later in the
presentation, but they are not coming to cities for additional funding. They are working with
Hennepin County, Governor’s Office, and Federal Transit Administration (FTA). One of the
challenges they have with FTA is the locked in number prior to the engineering stage. Case
inquired if the difference in cost is specifically associated with the three key challenges.
Alexander replied the cost of those changes has already been accounted for. The additional
monies are to see this project out to the extended timeline and to anticipate potential issues.
Alexander stated a study done by The Eno Center for Transportation compared peer group
metropolitan area projects in Pittsburg, Seattle, Portland, Los Angeles, and Houston. This
project is at or below the cost of those projects. Narayanan inquired about the large price
difference. The project cost has been historically underestimated, and it is difficult to capture
costs. They are getting multiple opinions on the estimates, and they are also factoring in
COVID and supply shortages.
City Council Workshop Minutes March 15, 2022
Page 3
Alexander stated a lot of developments are happening along the line, an important key piece
of the transit system. Another focus of the project is the disadvantaged business enterprise
(DBE). To date, they are sitting above their initial goals in the construction contract. Next
steps, the systems engineer will begin to test the west portion of the line prior to the tunnel.
The testing program is very rigorous. Toomey inquired how long testing takes. Alexander
replied the operators are allotted at least six months to test. Prior to their testing there is
integrated testing for at least six months.
James Mockovciak stated they are often questioned about being able to run a portion of the
line until the other half is finished. Alexander added there really isn’t a feasible way to do so
and staff it. The 2021 construction highlights include the project being 60 percent complete
with civil construction, 25 of the 29 bridges underway, 8 of the 8 tunnels underway, 114 of
131 retaining walls are completed or under construction, 95 percent of 946 private utilities
complete, 75 percent of nearly 1,300 public utilities complete, completed all 15 building
demolitions, systems contractor mobilized and in design and procurement, Franklin
Operation and Maintenance facility modifications are nearly complete, and 26 of 27 light rail
vehicles are delivered. The vehicles are outfitted with additional cameras. They have to ride a
certain number of hours before they are in service. 11 of the 16 stations are underway. Eden
Prairie has done a remarkable job with adding lighting and art elements. In regards to 2022
construction activity, there will be some lane closures by the Prairie Center Drive crossing
later in the year. There will be roadway closures on 70th Street in the spring to get the track
laid. The off-ramp from westbound T.H.212 to Shady Oak Road will be closed for retaining
wall work. Narayanan inquired if construction in Eden Prairie will be completed in 2022.
Mockovciak replied by the end of the year it will look like it is visually completed but there
will still be a lot of little details to finish. It will likely be about 95 percent completed.
Alexander stated their systems contractor will be storing some of the supplies and equipment
in Golden Valley needed for later so they do not run into supply chain issues. There are a
total of 20 traction power substations (TPSS). Freiberg inquired how the TPSS works.
Alexander responded it brings in alternating current and sends it to the catenary system. The
catenary system, the overhead wires and poles, then sends power to the car.
Alexander stated the Metro Transit Police Department is made up of 141 sworn full-time
transit police officers and 50 part-time. Narayanan inquired how many police officers will be
assigned to the green line. Alexander replied he does not have the exact numbers. Getschow
noted a few years ago it was stated there would be about 40 officers added. Toomey inquired
about security measures for the ends of the line. Alexander noted there are security measures
at all the stations, but likely more at the ends. Narayanan inquired if there is facial
recognition. Alexander replied he is uncertain. Case inquired if there is data to address the
fears of the potential rise in crime. Mockovciak responded they have been in conversations
with cities and police departments about security measures, and not only the reactive ways
but the proactive ways in which they can respond to these concerns. Alexander added each of
City Council Workshop Minutes March 15, 2022
Page 4
the stations is equipped with safety and security measures such as lighting, cameras, and
phones.
Mockovciak provided an update on communications and outreach. In 2021 they received 31
total hotline calls from Eden Prairie residents. They continue to put out a weekly email on
construction news. They will be in attendance at City events such as Arbor Day and the
Hometown Celebration. Lotthammer added there is an artist who put together an artistic
depiction of a train to help provide information on LRT. This will be shared between the
LRT cities at events. Mockovciak they also held three public walking tours in every city, and
they will continue to do so this year. They will continue to do their pop-up events as well.
Narayanan stated he supports light rail transit, but he has been disappointed by the delayed
timeframe. He inquired if there is increased operating costs and costs per passenger. He also
inquired how Council can or should continue to defend the project. Alexander replied they
are not just building a green line extension but rather a robust transit system.
Toomey inquired if the project will be paused during the audit. Alexander replied they
project will resume during the audit, but the staff in his office will continue to be focused on
the project while also focusing on the audit.
Case stated the vision of the project and the need for a transit system has not changed.
Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 15, 2022 7:00 PM, CITY CENTER CITY COUNCIL Mayor 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, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM ELAINE SAMPSON FOR ART CENTER EQUIPMENT (Resolution No. 2022-46) Lotthammer stated the donation is from Elaine Sampson and will go to the Art Center to purchase two new wheels and bats for ceramics. He noted the Sampson family has contributed to the Center in the past. Case pointed out the Sampson family has contributed large amounts regularly. MOTION: Nelson moved, seconded by Freiberg, to adopt the Resolution No. 2022-46 accepting the donation in the amount of $10,000 from Elaine Sampson to go towards Art Center equipment and programs. Motion carried 5-0. B. ACCEPT DONATION FROM EDEN PRAIRIE LIONS CLUB FOR OUTDOOR CENTER EQUIPMENT (Resolution No. 2022-47) Lotthammer explained this item is to accept a donation for Staring Lake
CITY COUNCIL MINUTES March 15, 2022
Page 2
Outdoor Center. This donation from the Lions Club will go towards purchasing items to support the fishing and canoeing programs. Case noted he is a member of the Lions Club and all of the funds raised by the Lions go back into the community. He added there is an upcoming fish fry and a pancake event. MOTION: Freiberg moved, seconded by Toomey, to adopt Resolution No. 2022-47 accepting the donation of $700 from Eden Prairie Lions Club for Outdoor Center equipment. Motion carried 5-0. C. RECOGNITION OF READERS CHOICE AWARDS Lotthammer introduced Valerie Verley, Community Center Manager, to present the Reader’s Choice Awards. Verley stated the Sun Current 2021 Reader’s Choice Award for “Best Recreational Center” has been awarded to the Eden Prairie Community Center. This is the seventh year in a row where the Community Center has received the recognition for “Best Recreational Center.” Additionally, this is the second year where Round Lake Splash Pad has been recognized for “Best Water Park.” Verley explained the Reader’s Choice award winners are selected during a six-week voting period by print and online readers through a Reader’s Choice Survey. Organizations located within a regional territory around Eden Prairie are among this year’s 2021 award winners in various categories. Case added the Community Center has been seriously impacted by the pandemic, and Staff has done a great job maintaining services despite the challenges. D. CITY ASSESSOR UPDATE Case stated members of the Council have been receiving phone calls regarding assessments, so it wanted to hear from the City Assessor. Getschow noted it is been busy for the Assessment Team. He introduced Jon Thompson, City Assessor, to continue the Staff presentation. Thompson stated the time has been unprecedented in terms of residential real estate value. He explained all taxable property values are estimated as part of the annual assessment process. Estimated market values are based on recent open market sales. The 2022 assessment increase is a result of the current real estate market. Eden Prairie experienced similar growth as surrounding communities, also consistent throughout Minnesota and most national real
CITY COUNCIL MINUTES March 15, 2022
Page 3
estate markets. Thompson stated the annual assessment must meet statutory requirements such as oversight by the Department of Revenue (DOR), statistical measures of quality, and assessment profession standards and ethical practice. Thompson noted the assessment date is January 2. There are 22,824 active parcels in Eden Prairie, 20,401 are residential properties, and 738 parcels are commercial, industrial, and multi-family. The remaining are exempt or state assessed such as railroads or utility sites. Thompson stated nearly 22,000 parcel values are estimated every year. For most residential properties, this is accomplished utilizing an industry-wide standard process of computer-assisted mass appraisal. Estimates use ongoing and cyclical process of collecting and verifying data, analyzing open market sales, and developing and applying rates to properties. Thompson stated in Minnesota, sales analyzed in setting the 2022 assessment occurred between October 1, 2020 and September 30, 2021, known as the sales ratio study. Case asked if the sales ratio has to be within a certain range. Thompson stated the State’s standard is for the sales ratio to be between 90 percent and 105 percent. Case asked if there is a consequence for being outside of the range. Thompson stated the State DOR would step in and correct the assessment, which is dictated by statute. Most assessors in Hennepin County aim for 95 or 96 percent sales ratio. Narayanan asked if they can look at later sales cost in comparison to the assessed value to see if it was at the 95 or 96 percent sales ratio. Thompson stated it is not individual properties but an average across many sales. Narayanan asked if the assessments are usually under the sale value. Thompson stated the sales have to be adjusted to the sale date, and half will be over and half will be under the assessment because they use a median number. He noted market values are subjective. Thompson stated a statistical median ratio is used by the DOR and Minnesota Tax Court as evidence the assessor has met an acceptable level of assessment. Additional statistical measures are used in ensuring a quality assessment. Sales must be adjusted to the assessment date as mandated by the DOR. Thompson noted a linear regression analysis of sale ratios in the 21-month study is used to calculate market condition trends. The annual residential trend for Eden Prairie is 12.8 percent. For single family homes, the trend is 14.3 percent annually, a townhome is 12.3 percent annually, and a condo is 9.9 percent annually.
CITY COUNCIL MINUTES March 15, 2022
Page 4
Thompson showed a slide with a graph depicting market trends in comparison to assessment growth. Overall assessment growth is the adjustment required to reach desired target for all properties. Following analysis of sales, properties must be adjusted consistently to ensure equality. Thompson showed a slide with five years of residential sale counts. Eden Prairie residential sale volume increased 28 percent over previous study. Not all sales are qualified for the sales ratio study. A significant amount of residential sales were used to set accurate values. Using 343 sales since September 30, 2021, the current median value for 2022 is 99.3 percent. Thompson stated Eden Prairie’s overall assessment growth went from $11.8 billion to approximately $13.45 billion, which is an increase of 14 percent. In Eden Prairie, there was a 19 percent increase in single family home values. Narayanan asked how much of the $13.45 billion value is from new construction. Thompson stated the total amount for new construction is around $128 million, which includes brand new buildings and additions. Thompson noted Hennepin suburbs had an increase of 18 percent for single family homes. Minneapolis had the lowest in the area at 10 percent, which is still high. Thompson stated the Homestead Market Value Exclusion (HMVE) was introduced in 2011 to replace the Homestead Credit. This deduction to the Estimated Market Value (EMV) results in a property’s Taxable Market Value (TMV). Homesteaded properties are eligible for the HMVE. The exclusion amount is based on the total EMV, with the maximum exclusion go #30,400 at an EMV of $76,000. Thompson stated the 2022 tax impact on an EMV property $302,700 receives about $10,000 HMVE, which would effectively reduce annual tax bill by $120, using the 2021 tax rate as an estimate. Nelson stated people have been self-reporting online 15 to 25 percent. She asked if the report was faulty math or true. Thompson stated every property will go up a little bit differently. The increase is to get the property to the 95 percent median. Half will be above and half will be below the median. The growth, year over year, is what is required to get the study to 95 percent. Some neighborhoods had a higher increase at around 30 percent, but some neighborhoods may have gone up 8 percent. Toomey asked who sets the HMVE. Thompson stated it is set by the State legislature. Toomey pointed out Eden Prairie does not set the number.
CITY COUNCIL MINUTES March 15, 2022
Page 5
Thompson stated there is a Local Board of Appeals and Equalization. Residents may complete an appeal, which is outlined on the valuation notice. It starts with a call to the Assessor’s Office, and the appeal will be reviewed by a Staff appraiser. Most appraisers on Staff have previously worked in the private sector, and a majority of appeals reach an agreement or understanding at that level. Thompson stated an appeal can appear before an appointed Board of experts. He noted the Board is primarily real estate brokers from Eden Prairie. The first meeting is on April 6, 2022, and it will be reconvened on April 21, 2022. Applications are requested by March 25, 2022. Reviews are held at the City Center at 7:00 p.m. in Council Chambers. Freiberg asked how long it would take the Assessor’s Office to return calls of residents. Thompson stated they try to return calls within one day, but there is an extremely high volume of calls currently. He stated they are looking at two or three days currently. If homeowners turn in the application, they will not lose their ability to appeal the assessment.
Freiberg stated people need to feel they are treated correctly. The sooner the calls are retired, the better it will be. He noted the formulas are very
complicated to explain to people, and it is difficult to understand. He thanked Thompson for his work. Thompson confirmed it is a complex property tax situation, but Staff is working hard to process requests to reach a resolution.
Nelson stated she has received questions about the tax increase proportion in comparison to the increase of a home value. Thompson stated just because a
home value increases, there may not be an increase in taxes of the same proportion. It is difficult to say what the tax increases will be as the budget is set in the fall. All residential properties went up in value, so it will likely result
in an effective tax rate. It is too early to predict the impact of the tax. Case stated the assessment is what drives the tax which will be derived from it.
A tax rate is the amount per $1,000 the City will get from all properties across the City. If the City had a zero percent increase in the budget and levy, the taxes wouldn’t increase. If they raise the same amount of money from taxes
and they spread it across a multi-billion dollar tax base, it will keep taxes the same or decrease them.
Case noted Eden Prairie is a healthy City and is trying to keep the tax low, but the residents are still seeing an increase in home value by being in such a healthy City. The desire for people to be in Eden Prairie is increasing the
home values in the City. Thompson added if an assessed value increases, the Council doesn’t see any money for an increase.
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Thompson stated all properties on the Board’s agenda may appear before the County Board of Appeal and Equalization, which starts June 13, 2022. Appointment is recommended by May 18, 2022. A similar process is organized by Hennepin County, and the meeting is held downtown. The final appeal option is tax court. The filing deadline for tax court is May 1 of the payable year. Narayanan thanked Thompson for the explanation. He stated the Council has been receiving emails from community members, and it is important for them to have all of the information to respond. He pointed out the City only gets one third of a percent of the property tax increase. Case thanked Thompson and the Staff for their work. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Narayanan, to approve the agenda as published/amended. Motion carried 5-0.
VI. MINUTES E. COUNCIL WORKSHOP HELD TUESDAY, MARCH 1 , 2022 F. CITY COUNCIL MEETING HELD TUESDAY, MARCH 1, 2022 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, March 1, 2022, and the City Council
meeting held Tuesday, March 1, 2022, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. JOHNSON RIDGE by Laketown Builders. Second Reading of Ordinance for Planned Unit Development District Review with waivers and Zoning Change from R1-22 to R1-9.5 on 2.1 acres (Ordinance No. 7-2022-PUD-4-2022 for PUD District Review with waivers and Zoning Change, Development Agreement) C. ADOPT RESOLUTION NO. 2022-48 APPROVING FINAL PLAT OF ELLIE ADDITION
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D. ADOPT RESOLUTION NO. 2022-49 APPROVING FINAL PLAT OF JOHNSON RIDGE E. DECLARE OBSOLETE EQUIPMENT AS SURPLUS F. APPROVE PURCHASE OF REPLACEMENT RAD 57 MONITORING DEVICES FROM MASIMO SYSTEMS G. APPROVE PURCHASE OF SIX NEW LAPTOPS AND DOCKS FROM HP INC FOR FIRE DEPARTMENT CHIEFS ’VEHICLES H. ADOPT RESOLUTION NO. 2022-50 ESTABLISHING PRECINCT BOUNDARIES AND POLLING PLACES I. APPROVE AGREEMENT WITH REPUBLIC SERVICES FOR DROP OFF DAY EVENT MATERIAL DISPOSAL J. APPROVE CONTRACT FOR 2022 CRACK SEALING TO ASPHALT SURFACE TECHNOLOGIES CORPORATION K. APPROVE AGREEMENT WITH BLUE WATER SCIENCE FOR 2022 WATER QUALITY MONITORING PROGRAM L. AWARD CONTRACT FOR CSAH 61 LANDSCAPING TO CEDAR RIDGE LANDSCAPING, INC. M. APPROVE CHANGE ORDER FOR REGIONAL CENTER ROAD WATER MAIN LINING PROJECT N. APPROVE AGREEMENT FOR PURCHASING GOODS AND SERVICES WITH RESPYRO FOR HOMETOWN CELEBRATION FIREWORKS O. ADOPT RESOLUTION NO. 2022-51 AUTHORIZING PREPARATION OF FEASIBILITY REPORT FOR DELL ROAD IMPROVEMENTS P. ACCEPT QUOTES AND AWARD CONTRACTS FOR EAB INFESTED TREE REMOVALS MOTION: Toomey moved, seconded by Narayanan, to approve Items A-P on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS
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A. SCHULMAN ADDITION by Tammy Schulman. First and Second Reading of Ordinance for Zoning Change from Rural to R1-13.5 on 2.47 acres, Resolution for Preliminary Plat of 2 lots on 2.47 acres (Ordinance No. 8-2022-PUD-5-2022 for Zoning Change, Ordinance Summary, Resolution No. 2022-52 for Preliminary Plat)
Getschow stated the applicant is proposing the creation of two single-family lots. The applicant owns two properties on Riverview Road totaling 2.477 acres. These properties consist of 12076 Riverview Road and a 0.47 acre strip
of land which previously was used as a road. The preliminary plat proposes to alter the property lines to divide the 2.477 acres more evenly to create two buildable lots. The existing single family home will be kept as part of this
project. The new lot is proposed to be developed with a single family home at a future date.
Tammy Schulman, applicant, showed a slide with a photo of the overview of the historic site. Currently, the house is on the far west side which was done to make room for power lines in the 1950s. She noted there is an easement in the
middle of the current lot. Ms. Schulman stated the property is currently zoned as rural. The driveway is
currently on a neighboring property, and they are working it out. They are requesting to rezone from rural to R1-13.5. They wanted to subdivide the lot into two single-family lots. They would also need to relocate the driveway for
the existing home to fall within the property line. Case stated when there is a housing development, they will place the houses with similar setbacks along a road. However, it may not make sense to use the same setback for the new property as the existing property. Klima stated they would use the setbacks detailed in R1-13.5 and would be further determined at the time of its build. There were no comments from the audience. MOTION: Toomey moved, seconded by Freiberg, to close the Public Hearing, approve the 1st and 2nd Reading of the Ordinance No. 8-2022-PUD-5-2022 for a Zoning District Change from Rural to R1-13.5 on 2.477 acres, and adopt a Resolution No. 2022-52 for a Preliminary Plat to divide 2 lots into 2 lots on 2.477 acres. Motion carried 5-0. B. CHICK-FIL-A by Chick-Fil-A. Resolution for Planned Unit Development Concept Review on 1.27 acres, First Reading of Ordinance for Planned Unit
Development District Review with waivers on 1.27 acres (Resolution No. 2022-53 for PUD Concept Review, Ordinance for PUD District Review with waivers)
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Getschow stated Chick-Fil-A is part of Flying Cloud Commons retail, the third phase of the Castle Ridge Redevelopment project. Flying Cloud Commons was approved by City Council on February 2, 2021. As the project nears closer to construction, Chick-Fil-A is seeking to make alterations to their site and requests additional Planned Unit Development (PUD) waivers. The overall layout and building architecture remain the same from the previously reviewed and approved plans. Joe Vavrina, Senior Project Manager with HR Green, stated Chick-Fil-A is family-owned and privately-held. They are closed on Sundays, which is a tradition honoring the founder. There are 2,600 locations. The franchisee operator will be a local resident. The purpose is for improved engagement in the community and success of the restaurant. He added since 1970, Chick-Fil-A has awarded more than $110 million in scholarships. Mr. Vavrina showed the site plan overview. He stated the plan changes are due to the pandemic. Chick-Fil-A has been looking for ways to move people more effectively through the drive-thru lane, and the requested changes are to do just that. The proposal is to continue the two lanes throughout the entirety of the drive-thru and to add a canopy in the pick-up space. There is flexibility in use of the outer lane based on the need of the operator and guests. Mr. Vavrina stated the request includes a setback reduction for the canopy, a waiver in island size for the entrance area, and waiver for the size of order boards, which is slightly over Code. There is still a good amount of landscaping to protect light and sound from the surrounding area. The building itself remains the same materials, and the canopy would tie into the proposed exterior materials. Freiberg asked if the second lane would be similar to then Chanhassen location. Mr. Vavrina stated St. Louis Park doesn’t have two lanes the entire time. Chanhassen goes from two lanes to one lane to two lanes, similar to the original Eden Prairie proposal. The sites will receive upgrades, but it hasn’t happened yet. Toomey asked why the canopy isn’t attached to the building. Mr. Vavrina stated it is more cost-effective to keep the canopy free-standing. Nelson stated the presentation didn’t show any trees or flowers, but the proposal includes trees and flowers. Freiberg stated there will be a combination of trees, shrubs, flowers, grasses, and more. He explained the landscape plan gives a better idea of the landscaping than the exterior materials slides he showed.
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Narayanan noted the two lanes under the canopy looks like a bank. He asked how the second lane gets food. Mr. Vavrina stated team members will walk from the window to hand the orders to the second set of cars. Narayanan asked if two lanes would be a safety concern. Mr. Vavrina stated there is a lot of signage and cars are moving very slowly to receive their food. He noted Chick-Fil-A has not had any issues with the model, and customer service times have increased. Narayanan asked if Chick-Fil-A offers free Wi-Fi. Mr. Vavrina confirmed there is free WIFI in the restaurant. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the Public Hearing, adopt a Resolution No. 2022-53 for Planned Unit Development Concept Review on 1.27 acres, approve the first reading of the Ordinance for Planned Unit Development District Review with waivers on 1.27 acres, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. C. CUMMINS-PHIPPS GRILL HOUSE COA by City of Eden Prairie.
Certificate of Appropriateness for roof replacement. Getschow stated the City was able to get a grant to replace the roof on the
Cummins-Phipps-Grill House. The property is on the National Register of Historic Places, and the City owns and maintains the property. The City is requesting approval of a Certificate of Appropriateness (COA) to replace the
roof on the home, shed, and outhouse. Heritage Preservation Commission (HPC) reviewed the COA request and recommended the City Council approve the COA.
Case asked if the house being on the National Register of Historic Places drives the need for the public hearing. Getschow stated it may be required
even if it wasn’t on the National Register. Case added the National Register of Historic Places is very picky, and Eden
Prairie has two properties on the Register. Cummins was a renowned horticulturalist. The second site is Camp Edenwood, which is one of only two tuberculosis children’s camps still in existence from the 1920s.
Toomey noted her concern about a wood shingle roof due to a fire hazard, but she learned they will be treated with some sort of fire retardant.
There were no comments from the audience.
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MOTION: Freiberg moved, seconded by Nelson, to close the Public Hearing and adopt the Findings of Fact and Approve Certificate of Appropriateness 2022-01-004 for the replacement of the roofs at the Cummins House site. Motion carried 5-0. D. REDEVELOPMENT PLAN MODIFICATION, ESTABLISHMENT OF TIF DISTRICT, AND TIF PLAN FOR BLUE STEM NORTH Getschow stated the Council preliminarily approved the project. Greco
Properties is requesting Tax Increment Financing (TIF) for Blue Stem North located at 6901 Flying Cloud Drive in the Golden Triangle. The TIF would be used to pay for the affordable units.
Case stated TIF is Tax Increment Financing which is a State legislative tool which allows a party to take future tax revenue to pay for current projects they
may not be able to afford otherwise. Taxpayers are not impacted by the type of financing. Ultimately, the projects are meant to increase a tax base for the community.
There were no comments from the audience. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing, direct staff to include the Redevelopment Plan Modification for Redevelopment Project Area No. 5, establishment of TIF District No. 26, and
adoption of a TIF plan on a future City Council meeting agenda, and recommend that Staff include the TIF Plan and the TIF Development Agreement on a future HRA meeting agenda. Motion carried 5-0. E. VACATION OF RIGHT-OF-WAY AND EASEMENTS FOR ELLIE (Resolution No. 2022-54)
Getschow stated the developer of the Ellie Addition has requested the vacation of right-of way of Lincoln Lane as dedicated on the plat of Lincolnwood
Addition. They have also requested a vacation of the 13-foot wide drainage and utility easement. There has been an Objection from CenterPoint Energy and Comcast regarding existing facilities in the Lincoln Lane right-of-way. Case asked if there would be a new right-of-way. Ellis explained the parties are negotiating who will pay for the relocation of the utilities. Once they receive the confirmation of no objection, they can move forward. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing, and adopt the Resolution No. 2022-54 vacating Right-of-Way and
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Easements. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Narayanan 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. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 5.76 RELATING TO MOBILE FOOD VENDORS AND 9.05 RELATING TO FIRE CODE PERMITS
Getschow stated this ordinance amends City Code Section 5.76 relating to mobile food vendors to require certain mobile food units, such as food trucks, to obtain an operational permit from the Fire Code Official. Getschow added
the ordinance also removes the 21-day annual limitation on mobile food vendor operation and expands the list of zoning districts within which mobile food vendors may operate. The ordinance also makes a housekeeping-type revision to City Code Section 9.05 to clarify the types of permits which the Fire Code Official may issue. Getschow explained Staff have been looking to ease requirements for food trucks in the City. After discussion with the Chamber of Commerce and City Council, they decided to allow food trucks to be in most commercial zoning areas. There are a few neighborhood-commercial areas which are excluded as they have been identified as inappropriate. Freiberg noted the baseball stadium is City property, and they have had problems with food. He asked if the new Ordinance would allow for the stadium to host food trucks with the appropriate permits. Getschow stated they have in the past and would continue to allow the trucks to be in City parks. Nelson asked if the health codes are handled by the County. Getschow stated food trucks need to get permits from the Department of Health and to display those permits. The Ordinance just allows the Fire Department to do an inspection for other health and safety items. Case asked if a food truck wanted to park permanently somewhere with permission at the mall, would the Ordinance permit such a thing since they would be lifting the 21-day portion. Klima stated a food truck could park on a more permanent basis because they are removing the 21-day portion of the Ordinance. Case added when a Council works to expand an idea such as a
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food truck based on recommendations by residents and businesses, it is an iterative process. MOTION: Toomey moved, seconded by Freiberg, to approve first reading of an ordinance amending City Code Chapter 5, Section 5.76 relating to Mobile Food Vendors and Chapter 9, Section 9.05 relating to Fire Code permits. Motion carried 5-0. B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 13 TO ESTABLISH AFFORDABLE HOUSING TRUST FUND (AHTF)
Getschow stated the proposed ordinance will establish an Affordable Housing Trust Fund thanked to the work of the Housing Task Force. The Fund would support the production and preservation of affordable housing, create new
housing opportunities for new or current residents and qualify the City for potential federal or state matching funds. Getschow noted the City does have tools to support affordable housing such as TIF, but there are more moneys available to cities which have trust funds. They won’t make an initial deposit, but they will be able to receive additional matching funds in the future with the creation of such a Trust Fund. He added many neighboring communities are setting up similar ordinances. Narayanan asked if a resident wanted to donate to the Trust Fund, would the funds be tax deductible. Getschow stated it depends on what a tax consultant would say as he has heard both ways. Narayanan stated not every donation to the City is tax-deductible. It would work to donate the money to a local foundation with the direction for the foundation to donate the money to the City for a specific purpose.
MOTION: Narayanan moved, seconded by Freiberg, to approve first reading of an ordinance amending City Code Chapter 13 by adding a new Section
13.04 establishing an Affordable Housing Trust Fund. Motion carried 5-0. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager Performance Review
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Case stated the City Council has the responsibility for one employee, which is the City Manager. The City Manager hires and oversees the rest of the employees and departments. Therefore, it is the role of the Council to review the performance of the City Manager in a confidential session, which was held March 1, 2022. Case read a statement from the closed session meeting. In the meeting, Getschow explained the highlights of the City’s efforts and initiatives for 2021. The Council overwhelmingly praised Getschow’s skills and leaderships. Case stated the Council determined an increase in his salary to the State’s cap and additional paid time off (PTO). There would be a total compensation packages of $218,000. The Council directed Staff to determine the salary and PTO amounts based on the allocation. MOTION: Toomey moved, seconded by Narayanan, to increase the City Manager’s salary to $198,286.40 and provide an additional 210 hours of paid time off to be placed in a dedicated account. Case stated he has been around several city managers, and Eden Prairie has the best City Manager in the State of Minnesota. He explained Getschow leads a group of people who enjoy working in Eden Prairie. Case noted Eden Prairie has been voted the best place to work.
Case noted city managers outside of Minnesota, where there is no cap, can make $350,000 to $400,000 each year. There could be a drain of
amazing managers to neighboring states if the cap in Minnesota is not adjusted.
Narayanan confirmed they receive a lot of praise about Getschow, especially when they attend meetings or conferences with other cities. He added if the salary were in the private sector, the person would be
responsible for a $5 million budget and be at a director level. Getschow handles a $50 million budget and has navigated COVID-19 and other complexities.
Nelson thanked Getschow for running such a phenomenal City and keeping the Council happy. It is a skill, and very few cities have such
luck with a city manager. Freiberg thanked Getschow for being a good leader, communicator, and
anchor. Eden Prairie’s City Manager is the best in Minnesota. Freiberg added Getschow is always available for the Council’s questions.
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Toomey thanked Getschow for all of his hard work and answering all of her questions. Case pointed out the City Manager has a unique role because the person receives direction from the Council and goes out to implement the direction. The Council doesn’t always have background in managing departments such as Police or Fire, and the City Manager must also be able to manage all departments and push back on the Council when needed. VOTE ON THE MOTION: Motion carried 5-0. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:47 p.m.
Respectfully submitted, _________________________ Nicole Tingley, City Clerk
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Christy Weigel,
Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below
Gambling/Bingo
Organization: Eden Prairie Lions Club
Event: Schooner Days
Place: Round Lake Park
16691 Valley View Road
Date: June 3-5, 2022
2021 Renewal Licenses
Commercial Kennel
Hound Dog Pet Hotel
13013 Valley View Road
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
April 5, 2022
DEPARTMENT / DIVISION
Julie Klima, Community Development
ITEM DESCRIPTION
Second reading of an ordinance establishing an Affordable Housing Trust Fund (AHTF)
ITEM NO.
VIII.B.
Requested Action Move to: Approve second reading of an ordinance amending City Code Chapter 13 by adding a
new Section 13.04 establishing an Affordable Housing Trust Fund Synopsis This action will support the production and preservation of affordable housing, create new housing
opportunities for new or current residents and qualify the City for potential federal or state matching funds. Background
Local housing trust funds, also commonly known as affordable housing trust funds (AHTFs), have been
authorized under Minnesota State Statute § 462C.16 since 2017 and are increasingly being adopted by cities around the metro, including in Bloomington, Edina, and St. Louis Park. AHTFs are intended to be a consistent, flexible resource for housing within a local jurisdiction and enable communities to prioritize developments that maximize benefit to the local community. Money in an AHTF may be used
to make grants, loans, and loan guarantees for the development, rehabilitation, or financing of housing; match other funds from federal, state, or private resources for housing projects; provide down payment assistance, rental assistance, and home buyer counseling services; and to pay for certain administrative expenses.
The proposed ordinance establishes an AHTF for the City. Under the statute, sources of funding for an
AHTF may include but are not limited to donations; bond proceeds; grants and loans from a state, federal or private source; appropriations by the local government to the fund; investment earnings of the fund; and housing and redevelopment authority levies. In addition to these funding sources, the proposed ordinance also provides that the City’s AHTF will be funded by payments made in lieu of providing
inclusionary housing under the City’s recently-adopted inclusionary housing ordinance. The proposed ordinance gives the City Manager the discretion to determine the source and amount of funds to be placed in the City’s AHTF. First reading of the ordinance was held on March 15, 2022. There have been no changes since that date. Attachments Ordinance Ordinance Summary
Resolution Approving Summary
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. ____ AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of April, 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS:
A. Ordinance No. ______ is lengthy.
B. The text of summary of Ordinance No. _________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _______ shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on April 5, 2022 ___________________________
Ronald A. Case, Mayor
SEAL ATTEST:
________________________ Nicole Tingley, City Clerk
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 13 TO ADD A NEW SECTION 13.04 ESTABLISHING AN AFFORDABLE HOUSING TRUST FUND THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 13 of the Eden Prairie City Code to add a
new Section 13.04 establishing an Affordable Housing Trust Fund for the City as authorized by Minn. Stat. § 426C.16. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
________________________________ _________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ______________________, 2022.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. ____ AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of April, 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS:
A. Ordinance No. ______ is lengthy.
B. The text of summary of Ordinance No. _________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _______ shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on April 5, 2022 ___________________________
Ronald A. Case, Mayor
SEAL ATTEST:
________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT / DIVISION:
Scott Geber Chief, Fire Department
ITEM DESCRIPTION:
Second reading of an ordinance amending City Code Sections 5.76 and 9.05 relating to mobile food vendors
ITEM NO.:
VIII.C.
Requested Action
Move to: Approve second reading of an ordinance amending City Code Chapter 5, Section
5.76 relating to Mobile Food Vendors and Chapter 9, Section 9.05 relating to Fire Code permits. Synopsis
This ordinance amends City Code Section 5.76 relating to mobile food vendors to require certain
mobile food units (food trucks) to obtain an operational permit from the Fire Code Official. The ordinance also removes the 21-day annual limitation on mobile food vendor operation and expands the list of zoning districts within which mobile food vendors may operate. The ordinance also makes a housekeeping-type revision to City Code Section 9.05 to clarify the types of permits that
the Fire Code Official may issue.
Background
The Eden Prairie Fire Department focuses on prevention and community risk reduction. In 2015,
the City Council adopted City Code Section 5.76, which contains regulations applicable to mobile
food vendors, which include food trucks and other food stands. We currently have a permit system to assure fire and life safety inspections occur with food trucks operating in our city. We have examples of unsafe practices and risk with these type of vendors and we want to assure that they are operating with effective fire and life safety in mind. The Fire Department has created a new
operational permit for food trucks that produce smoke or grease-laden vapors in City limits. Most
of our neighboring communities already have this in place. Minnesota State Fire Code allows for such a permit (MSFC 2020 / 105.6.30). The ordinance amendment will implement this permit requirement.
Section 5.76 currently provides that mobile food vendors may operate no more than 21 days
annually in any location unless operated by a permanent business located in the City. The ordinance removes this limitation in order to create greater flexibility for food vendors and various business locations in the City. Further, mobile food vendors currently may only operate in the office, industrial, and rural zoning districts. The ordinance expands this list by allowing operation
in all commercial districts except Neighborhood Commercial and in the Transit Oriented
Development – Commercial district.
The Council held the first reading of the ordinance on March 15, 2022. No changes have been made since the first reading.
Attachments
Ordinance
Ordinance Summary Resolution Approving Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _______-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.76 RELATING TO MOBILE FOOD VENDORS AND
CHAPTER 9, SECTION 9.05 RELATING TO FIRE CODE PERMITS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 5, Section 5.76, Subdivision 3, Subsection B, is hereby amended by deleting Subsection B in its entirety and replacing it with the following: B. Operational Permits. All mobile food units equipped with
appliances that produce smoke or grease-laden vapors must obtain
and keep in effect an operational permit from the Fire Code Official as set forth in City Code Section 9.05, Subdivision 6. Section 2. City Code Chapter 5, Section 5.76, Subdivision 3, Subsection C, Item 1, is hereby
amended by deleting Item 1 in its entirety and replacing it with the following:
1. Food stands may operate only in the following zoning districts or subdistricts:
a. the office zoning district set forth in City Code Section 11.20;
b. the industrial zoning districts set forth in City Code Section 11.30;
c. the commercial zoning districts set forth in City Code Section 11.25, except that food stands are not permitted in the Neighborhood Commercial (N-Com) subdistrict;
d. the Town Center – Commercial (TC-C) zoning subdistrict set forth
in City Code Section 11.27; and
e. the rural zoning district set forth in City Code Section 11.10.
Section 3. City Code Chapter 5, Section 5.76, Subdivision 3, Subsection E, is hereby amended by deleting Subsection E in its entirety and replacing it with the following:
E. Written Permission. All food stands and special event food stands may operate on private property only with written permission from the person who owns or controls the property. The operator of the food stand must be in possession of the written permission while operating and must
present such permission to a representative of the City upon request.
Section 4. City Code Chapter 5, Section 5.76, Subdivision 3, Subsection K, is hereby amended by deleting Subsection K in its entirety and replacing it with the following:
K. Fire and Life Safety. All food stands shall comply with Minnesota State Fire Code requirements, including but not limited to those relating to fire and life safety equipment.
Section 5. City Code Chapter 5, Section 5.76, Subdivision 3, is hereby amended by deleting
Subsections M and N in their entirety, and alphabetically re-lettering the remaining subsections of
Subdivision 3. Section 6. City Code Chapter 9, Section 9.05, Subdivision 6, Subsection A, is hereby amended by adding the following new paragraph 1 and renumbering the existing paragraphs 1–5 of
Subsection A sequentially to paragraphs 2–6:
1. Definition. The term “permit” includes, but is not limited to, “operational permits” and “construction permits.” An “operational permit” is a permit that allows the applicant to conduct an operation or business for which a
permit is required by the MSFC for either (a) a prescribed period or (b) until
renewed or revoked. A “construction permit” is a permit that allows the applicant to install or modify systems and equipment for which a permit is required by the MSFC.
Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation,” Section 5.99 entitled “Violation a Misdemeanor,” and Section 9.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 8. This ordinance shall become effective from and after the date of its passage and
publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day
of March, 2022 and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the _____ day of ________________, 2022.
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.76 RELATING TO MOBILE FOOD VENDORS AND CHAPTER 9, SECTION 9.05 RELATING TO FIRE CODE PERMITS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Section 9.05 relating to fire code permits and Section 5.76 relating to mobile food vendors to require certain mobile food units (food trucks)
to obtain an operational permit from the Fire Code Official. The ordinance also amends Section
5.76 to remove the 21-day annual limit on operation and to expand the zoning districts in which mobile food vendors may operate. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ ________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______________________, 2022. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____ AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the ____ day of ________________, 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS:
A. Ordinance No. ______ is lengthy.
B. The text of summary of Ordinance No. _________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect
of the Ordinance.
C. The title and summary shall be published once in the Sun Current in a body type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _______ shall be recorded in the Ordinance Book, along with proof of
publication, within twenty (20) days after said publication.
ADOPTED by the City Council on _________________, 2022.
___________________________
Ronald A. Case, Mayor SEAL ATTEST:
________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Tammy Wilson, Office of the
City Manager/Finance
ITEM DESCRIPTION:
Approve 2021 Unbudgeted Fund Transfers
ITEM NO.:
VIII.D.
Requested Action
Move to: Approve 2021 unbudgeted fund transfers.
Synopsis
As part of the audit of the City’s financial statements, the year-end unbudgeted transfers are summarized and reported to the City Council. The City Council acceptance of the transfers is a
recommended practice by the City’s auditors. Most of the transfers are related to the transferring of assessment revenue and the various funds share of a project.
Attachment
Transfer Schedule
City of Eden Prairie
Transfer Schedule
12/31/21
Transfer Transfer
In Out Amount Explanation
Allocation of Costs
General Fund Senior Board 300 Transfer the Senior Board's share of various programs/projects
G.O. Permanent Improvement Bonds 12C Shady Oak Road North 1,229,466 Transfer Shady Oak Road North Fund's share of assessments
G.O. Refunding Bonds 20A G.O. Refunding Bonds 11C 67,425 Close debt fund for Park Referendum to G.O. Refunding Bonds 20A
Improvement Projects 2006 Improvement Projects 1996 362,855 Close 1996 Construction fund to 2006 Construction fund
Duck Lake Trail Improvement Projects 2,000,000 Transfer Preserve Blvd's MSA to Duck Lake Road
Single Tree Lane South Transportation Fund/Improvement Projects 63,642 Close Single Tree Lane projects with Transportation Funds
Eden Prairie Road Transportation Fund 579,051 Close Eden Prairie Road to Transportation Fund
Capital Maintenance and Improvement Fund General Fund 3,196,462 Transfer amounts above amount needed to maintain fund balance policy
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Tammy Wilson Finance Director
ITEM DESCRIPTION:
TIPS Cooperative Purchasing
ITEM NO.:
VIII.E.
Requested Action Move to: Approve Interlocal Agreement for membership in The Interlocal Purchasing System
(TIPS) Synopsis TIPS is a national purchasing alliance that enables local governments to purchase supplies,
materials, and equipment from more than one source on the basis of competitive bids or competitive quotations. This cooperative purchasing arrangement is recognized and authorized under Minn. Stat. § 471.345, subd. 15. This action approving the Interlocal Agreement simply authorizes the City’s membership in
TIPS; it does not authorize any particular purchase. Any future proposed purchase through TIPS will be presented to the City Manager or City Council for approval as required by law. Attachment
Interlocal Agreement
INTERLOCAL AGREEMENT
Region 8 Education Service Center
- PUBLIC ENTITY (TIPS MEMBER) Control Number (TIPS will Assign)
and
Region 8 Education Service Center 225 - 950
Pittsburg, Texas Region 8 Texas County-District Number
The Texas Education Code §8.002 permits Regional Education Service Centers, at the direction of the
Commissioner of Education, to provide services to assist school districts, colleges and universities in improving
student performance and increasing the efficiency and effectiveness of school, college and university financial
operations. Region 8 Education Service Center is an Education Service Center which is defined as a “political
subdivision” in Texas Education Code 8.009 and falls under the definition of “Unit of State Government” in Chapter 2260
of the Texas Government Code.1 Pursuant to Section 791 of the Texas Government Code (The Interlocal Cooperation
Act) to increase the efficiency and effectiveness of local governments, Region 8 Education Service Center may enter into
an interlocal agreement with any political subdivision or local government of this state or any other state to provide
purchasing functions and services.2
Vision:
TIPS will continue to become the premier purchasing cooperative in North America through the qualifying
and procurement of quality vendors and through serving all public entities and qualifying non-profits.
Purpose:
The purpose of this Agreement shall be to improve procurement process efficiencies and assist in achieving
best value for the participating public entities through cooperative purchasing.
Duration:
This Agreement is effective immediately and shall be in effect for one (1) year and automatically renews for
an additional year annually. The Agreement may be terminated without cause immediately if the public entity
Member provides written notice of termination to Region 8 Education Service Center or if Region 8 Education
Service Center provides the public entity Member Sixty (60) days prior written notice of termination.
Statement of Services to be Performed:
Region 8 Education Service Center, by this Agreement, agrees to provide cooperative purchasing services to
the above-named public entity through a program known as The Interlocal Purchasing System (“TIPS”)
Program.
Role of the TIPS Purchasing Cooperative:
• Provide for the organizational structure of the program.
• Provide staff for efficient operation of the program.
• Promote marketing of the TIPS Program.
• Coordinate the Solicitation Process for all Vendor Awarded Contracts.
• Provide members with procedures for placing orders through TIPS PO System.
1 Tex. Edu. Code Sec. 8.009; Tex. Gov. Code Sec. 2260.001.
2 Tex. Gov. Code Chapter 791, The Interlocal Cooperation Act.
City of Eden Prairie, Minnesota
• Maintain filing system for Due Diligence Documentation.
• Collect fees from vendors as the method of financing this undertaking and supporting the operational
costs of TIPS.
Role of the Public Entity:
• Commit to participate in the program by an authorized signature on membership forms.
• Designate and keep current a Primary Contact and Secondary Contact for entity.
• Commit to purchase products and services from TIPS Vendors when in the best interest of the entity.
• Submit Purchase Orders and/or Vendor Contracts through the TIPS PO System by emailing the pdf
document to tipspo@tips-usa.com.
• Accept shipments of products ordered from Awarded Vendors.
• Process Payments to Awarded Vendors in a timely manner.
• Report all TIPS purchases to TIPS through TIPS authorized methods.
• Determine when a TIPS purchase is legal and appropriate under Federal, State, and Local law and policy
before proceeding with a TIPS purchase.
General Provisions:
The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and
regulations in connection with the programs contemplated under this Agreement. This Agreement is subject
to all applicable present and future valid laws governing such programs.
No joint agency or joint real property ownership is created by this Agreement.
This Agreement shall be governed by the law of the State of Texas and venue shall be in the county in which the
administrative offices of RESC 8 are located which is Camp County, Texas.
This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered
by its terms, and it may not be modified in any manner without the express written consent of the Parties.
If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect.
The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this
Agreement shall be paid from legally appropriated and budgeted available funds for the current fiscal year of
each such entity.
Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties
to this Agreement shall be submitted to nonbinding mediation. The site of the mediation shall be in Camp
County, Texas or a site mutually agreed by the parties. The selection of the mediator shall be mutually agreed.
The cost of mediation shall be shared equally.
No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their
directors, officers, employees, and agents as a result of its execution of this Agreement and performance
of the functions and obligations described herein.
This Agreement may be negotiated and transmitted between the Parties by electronic means and the terms and
conditions agreed to are binding upon the Parties.
Minnesota Hennepin County, Minnesota
Hennepin
County, Minnesota
Authorization:
Region 8 Education Service Center and The Interlocal Purchasing System (TIPS) Program have entered into an
Agreement to provide cooperative purchasing opportunities to entities as outlined above through awarded
vendor agreements procured by public solicitation in accordance with applicable Texas statutes.
This Interlocal Agreement process was approved by the governing boards of the respective parties at meetings
that were posted and held in accordance with the respective state.
The individuals signing below are authorized to do so by the respective parties to this Agreement.
Membership Entity- Region 8 Education Service Center
By: By:
Authorized Signature Authorized Signature
Title: Title: Executive Director, Texas Region 8 ESC
Date __________________ Date __________________
Public Entity Contact Information
________________________________________________________________________________________
Primary Purchasing Person’s Name Primary Person’s Email Address
_________________________________________________________________________________________
Entity Address City State Zip
_________________________________________________________________________________________
Secondary Person’s Name Secondary Person’s Email Address
_________________________________________________________________________________________
Entity Phone Number Entity Fax Number
City of Eden Prairie, Minnesota
twilson@edenprairie.org
8080 Mitchell Road Eden Prairie MN 55344
Rick Clark rclark@edenprairie.org
952-949-8300 952-949-8390
Ronald A. Case, Mayor
By: ________________________________
Title: Rick Getschow, City Manager
Date: _________________
Tammy Wilson
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Approve the Agreement for Contracted Services with Biff’s, Inc. for Portable Restroom Services
ITEM NO.:
VIII.F.
Motion
Move to: Approve the Standard Agreement for Contracted Services with Biff’s, Inc. for
Portable Restroom Rentals and Services. Synopsis
Park Maintenance staff manages the large number of portable restrooms that are located throughout our park system and those that are needed for special events that are held throughout
the year. Quotes were solicited to provide these units and servicing based on our needs.
Background
The City has contracted portable restroom services with Biff’s, Inc. for many years. Although they have kept their fees relatively consistent with no major price hikes, staff will periodically go back out
for quotes to ensure that we are receiving the best prices and service possible. Quotes were solicited and Biff’s, Inc. was once again lower than the only other provider that responded as having the inventory and staffing required to meet our needs. Staff has had a good working relationship with Biff’s and recommends continuing our agreement. Attachment
Agreement for Contracted Services
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 5th day of April, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Biffs Inc, a Minnesota Business corporation (hereinafter "Contractor")
whose business address is 6430 County Road 101 E. Shakopee, Mn. 55379.
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 Providing Portable Restroom and Services 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 and Exhibit B 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
April 5, 2022. The Agreement shall continue for one (1) year thereafter, and automatically
renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party. 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.
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 12
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
necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum as laid out in Exhibit A as full and complete payment for the labor, materials and services rendered
pursuant to this Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 12
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
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 12
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.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 12
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,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 12
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under
the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 12
shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 12
regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 12
subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language.
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 12
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________
Mayor ___________________________________ City Manager
CONTRACTOR
By: ________________________________ Its: _______________________________
Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 12
Exhibit A
Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 12
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Professional Services Agreement with ISG for Design Phase Services for Round Lake Park Building Reconstruction
ITEM NO.:
VIII.G.
Motion
Move to: Authorize the Standard Agreement for Professional Services with ISG, Inc. for
Design Phase Services for the Round Lake Park Building Reconstruction Project at a cost not to exceed $204,000.00. Synopsis Staff recommends entering into a professional services agreement with ISG for development of design and construction documents for the Round Lake Park Building Reconstruction Project.
The proposed project would replace the existing park building and is scheduled in the Capital Improvement Program for 2022. Background
The City entered into a contract with ISG for the development of a concept and master plan for the reconstruction of the park building at Round Lake Park. This concept was presented to both the Park, Recreation and Natural Resources Commission and City Council on separate occasions and received great feedback. Staff is proposing to have ISG continue with plans for this project through bidding.
ISG has performed similar work within our park system and surrounding communities and staff feels very comfortable recommending them for this project.
Attachment
Standard Agreement for Professional Services
2017 06 01
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 5th day of April, 2022, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and ISG, Inc. (“Consultant”), a Minnesota Corporation (hereinafter
"Consultant") whose business address is 6465 Wayzata Blvd Suite 970, Minneapolis, MN 55426.
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 Design and Construction Document Development for Round Lake Park
Building hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service
for the work of the Consultant. Any general or specific conditions, terms, agreements,
consultant or industry proposal, or contract terms attached to or a part of Exhibit A are
declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from April 5, 2022 through bidding for the
project, 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 $204,000.00 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. 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 12 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) amount of the contract, current billing, past payments and unexpended balance of the contract.
Page 3 of 12 2017 06 01
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 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
Page 4 of 12 2017 06 01
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 12 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 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
Page 6 of 12 2017 06 01
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 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
Page 7 of 12 2017 06 01
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 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
Page 8 of 12 2017 06 01
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 12 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 12 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:
Page 11 of 12 2017 06 01
Exhibit A Scope of Work
Page 12 of 12 2017 06 01
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Professional Services Agreement with ISG for Design Phase Services for Miller Park Indoor Court Facility
ITEM NO.:
VIII.H.
Motion
Move to: Authorize the Standard Agreement for Professional Services with ISG, Inc. for
Design Phase Services for the Miller Park Indoor Court Facility at a cost not to exceed $229,000.00. Synopsis
Staff recommends entering into a professional services agreement with ISG for development of
design and construction documents for the Miller Park Indoor Court Facility Project. The
proposed project would replace the existing tennis and basketball courts with an indoor facility that would provide residents a year-round facility for tennis, pickleball and other activities. Background
After hearing and seeing the need for a year-round court facility, the City entered into a contract with ISG in 2019 to provide a case study and determine the feasibility of constructing an indoor court facility at Miller Park. Staff chose this area because the existing outdoor courts are at the end of their useful life and need replacement. The park also offers plenty of space for a building this size and
enough parking to accommodate the additional use. The scope and cost for these services are in line with similar projects of this size that staff has seen recently and ISG has performed similar work within our park system and surrounding communities and so staff feels very comfortable recommending them for this project. Attachment
Standard Agreement for Professional Services
2017 06 01
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 5th day of April, 2022, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and ISG, Inc. (“Consultant”), a Minnesota Corporation (hereinafter
"Consultant") whose business address is 6465 Wayzata Blvd Suite 970, Minneapolis, MN 55426. 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 Design and Construction Document Development for the Miller Park Indoor
Court Facility Project hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service
for the work of the Consultant. Any general or specific conditions, terms, agreements,
consultant or industry proposal, or contract terms attached to or a part of Exhibit A are
declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from April 5, 2022 through bidding for the
project, 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 $229,000.00 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. 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.
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c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, 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) amount of the contract, current billing, past payments and unexpended balance of the contract.
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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 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
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payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
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Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The
Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
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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 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
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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 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
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settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
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23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
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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:
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Exhibit A Scope of Work
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CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT / DIVISION:
Jay Lotthammer, Director,
Parks and Recreation
ITEM DESCRIPTION:
Grant Application for Flying Cloud Drive
Trail
ITEM NO.:
VIII.I.
Requested Action
Move to: Authorize Submission of Grant Application for Metropolitan Councils Regional
Solicitation for Federal Transportation Funds for Flying Cloud Drive Trail and
Grant Authority for Matthew Bourne to Submit and Sign Grant Submission
Documents.
Synopsis
Grants are available through the Metropolitan Council to help fund the construction of the Flying
Cloud Drive Regional Trail, a 10-foot-wide multi-use off-street trail along Flying Cloud Drive.
The proposed trail will close the remaining gap in the trail along Flying Cloud Drive. The
proposed trail will connect to a number of regional trail systems including the Minnesota River
Bluffs LRT Regional Trail and the trail along Pioneer Trail.
In 2017, Hennepin County constructed a multi-use trail along the north side of Flying Cloud
Drive between Trunk Highway 101 in Chanhassen and Charlson Road in Eden Prairie.
Following the completion of this project, a 2.3-mile gap in the trail network remains between
Charlson Road and Anderson Lakes Parkway. The City seeks to close this critical gap through
this grant request. In addition to the physical trail gap, other barriers to safe pedestrian and
bicycle mobility exist along Flying Cloud Drive. Flying Cloud Drive is classified as a minor
arterial roadway which experiences high traffic volumes consisting of approximately 17,700
vehicles per day. The posted speed on this roadway is 50 miles per hour, creating an unsafe and
uncomfortable environment for pedestrian and bicyclists. Additionally, Purgatory Creek crosses
under Flying Cloud Drive, impeding pedestrian and bicyclist travel. Several transit routes and
key destinations are located along Flying Cloud Drive including a major job and activity center.
The proposed trail will extend access to educational institutions, multi-family affordable
housing, employment centers, and commercial destinations. Additionally, the proposed trail will
connect to the existing transit network, which includes a stop at the intersection of Anderson
Lakes Parkway and Flying Cloud Drive. The trail will also extend access to the existing
SouthWest Transit Station and proposed Eden Prairie Town Center Station. The grant must be
submitted electronically by the person given signature authority to submit the application and
seek funds.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Scott Riley
Public Works / Streets
ITEM DESCRIPTION:
Award Contract for Curb and Gutter Replacement in 2022 Overlay Area
ITEM NO.:
VIII.J.
Requested Action
Move to: Award the Contract for removal and replacement of approximately 3,000 lineal feet of curb and gutter in the 2022 overlay area to Curb Masters Inc. Synopsis
A request for quotes was sent out for the removal and installation of approximately 3,000 LF of surmountable curb and gutter in the 2022 overlay area. Two quotes were received on March 1st, 2022, with Curb Masters Inc. being the lowest at $112,550 not to exceed $150,000.00.
Bidder Estimate
Curb Masters Inc $112,550.00
MN State Curb and Gutter $119,450.00
CR Fischer and Metro Paving No Bid
Background Information
This contract aims to help Streets Division Staff with the removal and installation of an
enormous amount of curb and gutter in the 2022 Overlay area. Keeping the project on schedule and done in time for the Milling Contractor. Attachment
Signed Contract
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Carter Schulze
Public Works/Engineering
ITEM DESCRIPTION: #16-5944
Adopt Resolution Authorizing Settlement of Easement Acquisitions for Parcel 3 for the Town Center Station Project
ITEM NO.:
VIII.K.
Requested Action
Move to: Adopt Resolution Authorizing Settlement of Fee and Temporary Construction Easement Acquisitions for Parcel 3 on the Town Center Station Project, City Project No. 16-5944. Synopsis
Subject to Council approval, a proposed settlement agreement has been reached regarding the acquisition of fee title and a temporary construction easement relating to property located at 12100 Singletree Lane, Eden Prairie, MN 55344, referred to as Parcel 3 (the “Property”). The settlement includes all claims and costs associated with the acquisition.
Background Information The City commenced a condemnation action in Hennepin County District Court related to Project No.16-5944, which is commonly known as the Town Center Station project (the “Project”). The
Project includes acquiring fee and temporary construction easements over and across the Property for purposes of the City’s improvements related to the Town Center LRT station. The Court awarded the City possession, and the sole remaining issue is resolution of the acquisition costs. On April 2, 2019, the Council authorized acquisition of the necessary fee and temporary
construction easements on the Property for $97,000.00, which was based on an appraisal obtained by the City. The Property owner rejected the City’s appraisal valuation, and after further negotiation and consultation, the City Attorney and City Engineer recommend that the City Council agree to settle for $250,000. The settlement amount includes all allowable statutory fees and costs, and the agreement also provides for the City’s termination of an existing driveway
easement over the Property and provision of an encroachment agreement to allow a slight encroachment into City right-of-way to allow for a garbage truck turn-around serving the Property. Upon settlement, the City will save additional legal fees, expert witness fees, and commissioner fees associated with a commissioners’ hearing. In addition, the City will be requesting
reimbursement for a portion of the settlement costs through a Congestion Management and Air Quality (CMAQ) grant received from the Federal Transit Administration for the construction and right-of-way acquisition related to the Project. Staff recommends approval of the settlement agreement.
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Attachments
Parcel Map and Sketch Resolution Authorizing Settlement Agreement
FLYING CLOUD DRIV
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SINGLETREE LANE
14-116-22-24-0024
14-116-22-24-0021
14-116-22-24-0026
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City of Eden Prairie Proj. 5944-16
03/19/19
TOWN CENTER STATION PARCEL MAPG:\Engineering\IC#S\1-ACTIVE Folders\5944-16 2016 Regional Solicitation\06 Prelim Studies, Design & Reports\City Drawings\Town Center Station Parcel Map.dwg
105101010202010101055555530302020DRAINAGE AND UTILITY EASEMENTPER PLAT OF LINCOLN PARCAPARTMENTSDRAINAGE AND UTILITYEASEMENT PER PLAT OFLINCOLN PARC APARTMENTSDRAINAGE AND UTILITYEASEMENT PER PLAT OF LINCOLNPARC APARTMENTSDRAINAGE AND UTILITYEASEMENT PER PLAT OFLINCOLN PARC APARTMENTSDRAINAGE AND UTILITY EASEMENT PER PLATOF LINCOLN PARC APARTMENTS5551010101555555520555DRIVEWAY EASEMENTPER DOC. NO. T3331469151515152530302525CROSS EASEMENT AGREEMENTPER DOC. NO. T243248199SIDEWALK EASEMENT PER DOC. NO. T3331470DRAINAGE AND UTILITYEASEMENT PER PLAT OFLINCOLN PARC APARTMENTS42020444IRRIGATION EASEMENT PERDOC. NO. T3331471IRRIGATION EASEMENTPER DOC. NO. T3331471PATHWAY EASEMENT PERDOC. NO. T33314721525PUBLIC STREETSCAPE EASEMENTPER DOC. NO. T3331473PEDESTRIAN TRAIL ANDLANDSCAPING EASEMENT PERDOC. NO. T333147430552525252512PERMANENT TRANSPORTATIONEASEMENT PER LIS PENDENSDOC T05499162 TRANSPORTATIONCONSTRUCTION EASEMENTPER LIS PENDENS DOCT05499162 (Expires 12/1/2020)-S0°56'31"W 65.73--S82°13'42"W 95.77-S7°46'18"E10.00-N89°07'48"W 80.38-S0°52'12"W17.16S89°27'43"W43.651515S00°32'19"E5.04-N82°13'42"E 61.24--S82°13'42"W 188.51-15.12-N82°13'42"E 126.00-NE Cor. L1, B1,LINCOLN PARCAPARTMENTSSHEETOFSHEET NAME:DISCIPLINE:NO.DATEDRAWNREVISION / SUBMITTALCHECKDESIGN12CERTIFICATE OF SURVEYSURVEYSTEPHANE J ROBERTDATE:LIC. NO.:5/31/1842642I hereby certify that this survey, plan, or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Land Surveyor under the laws ofthe State of Minnesota.CHECKED BY:DATE:DESIGNED BY:DRAWN BY:0RPWSJR1/23/19(Proposed Fee Title Taking)11 1/23/19 RPW SJR ADDED EASEMENT AND ACQUISITION AREASSOUTHWEST LRT-Eden PrairieTown Center StationParcel 214
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022- RESOLUTION AUTHORIZING SETTLEMENT OF FEE AND TEMPORARY CONSTRUCTION EASEMENT ACQUISITIONS FOR PARCEL 3 ON THE TOWN
CENTER STATION PROJECT, CITY PROJECT NO.: 16-5944 WHEREAS, the City of Eden Prairie (“City”) commenced a condemnation action related to project number 16-5944, commonly known as the Town Center Station project (the “Project”); and
WHEREAS, the Project included taking fee and temporary construction easements from a parcel located in Eden Prairie and commonly known as 12100 Singletree Lane, Eden Prairie, Minnesota (“Parcel 3” or the “Property”); and
WHEREAS, the District Court awarded the City possession of the fee and temporary construction
easements on August 6, 2019; and WHEREAS, the sole remaining issue is resolution of the acquisition cost for the fee and temporary construction easements; and
WHEREAS, the City previously authorized acquisition of the easements for the sum total of $97,000.00 based upon an appraisal valuation; and WHEREAS, the Property owner rejected the City’s appraisal valuation; and
WHEREAS, after negotiations between the parties, the City Engineer and City Attorney recommend settlement pursuant to the terms of the settlement agreement attached hereto as Exhibit A, which includes all statutory allowable claims and costs associated with the easement acquisition.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
1. The Recitals set forth above are incorporated herein; 2. The City Council authorizes and approves the execution of the settlement agreement attached hereto as Exhibit A.
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ADOPTED by the Eden Prairie City Council on April 5, 2022.
____________________________________ Ronald A. Case, Mayor
ATTEST:
______________________________ Nicole Tingley, City Clerk
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EXHIBIT A
(Settlement Agreement)
SETTLEMENT AGREEMENT
This Settlement Agreement (the “Agreement”) is entered into this 5th day of April, 2022,
by and between the City of Eden Prairie, a Minnesota municipal corporation (the “City”) and LP EP Apartments LLC (the “Owner”). RECITALS
WHEREAS, the City has taken certain real property located 12100 Singletree Lane, Eden Prairie, MN (the “Property”), and legally described on the attached Exhibit A for the Town Center Station project (the “Project”), pursuant to a Petition and subsequent Order filed in the Hennepin County District Court for the matter captioned, City of Eden Prairie v. BREMCO Eden Prairie Limited
Partnership, et al., Court File No. 27-CV-19-7881 (the “Action”).
WHEREAS, the City is obligated to pay the Owner just compensation, including allowable statutory fees and costs for the Property taken pursuant to the Action; and
WHEREAS, the City and the Owner, by and through their counsel, have reached an agreement as
to the just compensation for the Property that was taken pursuant to the Action. NOW, THEREFORE, pursuant to the foregoing recitals and in consideration of the promises and mutual agreements, covenants and provisions contained in this Agreement, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and
the Owners agree as follows: 1. Incorporation of Definitions and Recitals. All definitions and recitals above are incorporated by reference and made a part of this Agreement.
2. Just Compensation. As just compensation for the Property, taken pursuant to the
Action the City shall pay the Owner the sum total of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). The parties acknowledge that the City deposited the quick take appraisal amount of $97,000.00, and that the Owner has already recovered the same. Therefore, the City will remit a check payable to the Owner
in the amount of $153,000.00 (“Payment”). The check shall be made payable to
“LP EP Apartments LLC”. A W9 is required for issuance of the Payment. Payment shall be remitted by the City within 7 days after the Commissioners Report and Award has been served and filed with the Court and upon written consent from the lender which may be given by email. The City shall file the Award with the Court
within two business days after receipt of the fully executed Award.
3. Commissioner’s Award. The City’s counsel shall prepare a Commissioner Award consistent with the amount of the settlement and send the same to the Commissioners for their execution and filing as required by Minnesota statutes.
4. Payment. In consideration for the Payment, the Owner and their heirs, assigns,
trustees, executors, lender, and successors-in-interest, hereby finally and forever
release any and all claims they have or may have against the City related to the
taking described as Parcel 3 in the Petition, whether known or unknown, now or in the future as to the amount of just compensation, and waive all right to appeal
following the filing of the Commissioners’ Award.
5. Termination of Driveway Easement. As and for additional consideration, the parties will either execute a document terminating that certain Driveway Easement dated October 25, 2000, and recorded against the Owner’s property as Doc #3331469 (“Easement”) or the City will take all the necessary steps to vacate the Easement,
as appropriate. City shall record the termination document and send a recorded
copy to Owner’s counsel upon receipt of the same.
6. Encroachment Agreement. The garbage-truck turnaround serving Owner’s property that was constructed by the Metropolitan Council encroaches on the City’s right-of-way. As and for additional consideration, the parties will execute and
record an encroachment agreement, the terms of which must be reasonably
approved by the City Engineer, that will permit the continuing encroachment.
Dated: _______________________
CITY OF EDEN PRAIRIE
By: ______________________________
Its: Mayor
Dated: _______________________
By: ______________________________
Its: City Manager
OWNER: LP EP Apartments LLC
Dated:_________________________ By:________________________________
Its:_________________________________
EXHIBIT A
PERMANENT ACQUISITION DESCRIPTION
That part of Lot 1, Block 1, LINCOLN PARC APARTMENTS, Hennepin County,
Minnesota, described as follows:
Commencing at the northeast corner of said Lot 1, Block 1, LINCOLN PARC
APARTMENTS; thence South 82 degrees 13 minutes 42 seconds West, assumed
bearing, along the north line of said Lot 1, Block 1 a distance of 95.77 feet to the point
of beginning of the land to be described: thence South 07 degrees 46 minutes 18
seconds East a distance of 10.00 feet; thence North 82 degrees 13 minutes 42
seconds East a distance of 61.24 feet; thence South 00 degrees 32 minutes 19
seconds East a distance of 5.04 feet; thence South 82 degrees 13 minutes 42
seconds West a distance of 188.51 feet to the west line of said Lot 1, Block 1; thence
North 00 degrees 32 minutes 17 seconds West along said west line a distance of
15.12 feet to the northwest corner of said Lot 1, Block 1; thence North 82 degrees 13
minutes 42 seconds East along the north line of said Lot 1, Block 1 a distance of
126.00 feet to the point of beginning.
TEMPORARY EASEMENT DESCRIPTION
That part of Lot 1, Block 1, LINCOLN PARC APARTMENTS, Hennepin County,
Minnesota, lying westerly and northerly of the following described line:
Commencing at the northeast corner of said Lot 1, Block 1, LINCOLN PARC
APARTMENTS; thence South 82 degrees 13 minutes 42 seconds West, assumed
bearing, along the north line of said Lot 1 a distance of 95.77 feet to the point of
beginning of the line to be described: thence South 07 degrees 46 minutes 18
seconds East a distance of 10.00 feet; thence South 00 degrees 56 minutes 31
seconds West a distance of 65.73 feet; thence North 89 degrees 07 minutes 48
seconds West a distance of 80.38 feet; thence South 00 degrees 52 minutes 12
seconds West a distance of 17.16 feet; thence South 89 degrees 27 minutes 43
seconds West a distance of 43.65 feet to the west line of said Lot 1, Block 1,
LINCOLN PARC APARTMENTS and said line there terminating.
Except the north 15.00 feet thereof; and except that part lying within the existing Building.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Rod Rue
Public Works/Streets
ITEM DESCRIPTION: I.C. #22802
Award Contract for 2022 Street Striping to Sir Lines-A-Lot LLC
ITEM NO.
VIII.L.
Requested Action
Move to: Award contract for 2022 Striping to Sir Lines-A-Lot LLC in the amount of $106,800.00. Synopsis
Quotes were received Wednesday, March 16, 2022, for the 2022 Striping project. Two quotes were received and are tabulated as follows: Sir Lines-A-Lot LLC $106,800.00 Warning Lites $173,320.00
Background Information Street striping is an annual street maintenance project. The budget for 2022 is $100,000 under budget #1714-6337. The difference between the budgeted amount for striping and the actual
quoted cost will be paid for through Pavement Management Funds. Staff recommends award to Sir Lines-A-Lot LLC. Attachment
Contract
CONSTRUCTION SHORT FORM CONTRACT THIS AGREEMENT, made and executed this _____ day of __________ 2022, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Sir Lines-A-Lot LLC, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 22802- 2022 Street Striping Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $106,800.00. 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. Proposal Form b. Construction Short Form Contract c. Specifications and Special Conditions The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Rod Rue
Public Works / Engineering
ITEM DESCRIPTION: #20822
Approve Professional Services Agreement with WSB & Associates, Inc. for Contract Administrative Services for the CSAH 61 (Flying Cloud
Drive) Landscaping Improvements
ITEM NO.:
VIII.M.
Requested Action Move to: Approve Professional Services Agreement with WSB & Associates, Inc. for Contract Administrative Services for the CSAH 61 (Flying Cloud Drive)
Landscaping Improvements in the amount of $29,925.00. Synopsis This Professional Services Agreement will provide inspection and contract administrative
services for landscaping improvements along the recently constructed CSAH 61 (Flying Cloud
Drive) project. With the contract award to Cedar Ridge Landscaping in the amount of $154,331.50 and the acceptance of the bid alternates which included an extended warranty and maintenance period for the landscape materials, this contract will expire on July 1, 2024.
Background Information
As part of the Construction Cooperative Agreement with Hennepin County, the City of Eden Prairie is responsible for cost of the design and administration of the landscaping project within Eden Prairie. Hennepin County will contribute up to $200,000 for the construction portion of the
landscaping contract. It’s anticipated that all the landscape materials will be planted in the spring
of 2022 Financial Implications
The Professional Services Agreement with WSB & Associates, Inc. has an estimated cost of
$29,925.00 and will utilize municipal state aid (MSA) funds. Attachment
Professional Services Agreement
2017 06 01
I.C. 20822 – CSAH 61 Landscaping Page 1 of 10 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _5th_ day of_April_, 20_22_, between the City
of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and _WSB, Inc._ (“Consultant”), a Minnesota corporation (hereinafter
"Consultant") whose business address is _701 Xenia Avenue South, Suite 300, Minneapolis, MN
55416_.
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_Contract Administration of the CSAH 61 (Flying Cloud Drive) Landscape
Project_ 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 (_Scope of Services_Letter ) 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 _April 5, 2022_ through _July 1, 2024_
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 $_29,925_ 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.
I.C. 20822 – CSAH 61 Landscaping Page 4 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
I.C. 20822 – CSAH 61 Landscaping Page 4 of 10 2017 06 01
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of
the contract.
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.
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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
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part
of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Consultant shall be awarded its costs and
disbursements, including attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
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Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured. It shall be
Consultant’s responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
h. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
j. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The
Professional Liability policy shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement except with respect to the liability for
I.C. 20822 – CSAH 61 Landscaping Page 4 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
I.C. 20822 – CSAH 61 Landscaping Page 4 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
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the City of Eden Prairie unless another location is mutually agreed upon by the parties.
The parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
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23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Consultant further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
I.C. 20822 – CSAH 61 Landscaping Page 4 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
WSB, Inc.
By:
Its: Principal / Director of Landscape Architecture
\\gvfiles01\resources\.Clients All\Eden Prairie\Proposals\TH 61 (Flying Cloud Dr) Landscaping\CA\LTR PROPOSAL - TH 61 Landscaping_2020-07-01.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM March 9, 2022
Mr. Rod Rue, PE
City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: CSAH 61 (Flying Cloud Drive) Landscaping Construction Administration
Dear Mr. Rue:
WSB is pleased to present this proposal for construction services related to the construction
improvements of CSAH 61.
This scope of services is based on knowledge from WSB’s direct involvement in the preparation
of the construction documents for this project and award of base bid and alternates.
PROJECT UNDERSTANDING
It is our understanding that the scope of services for this project are to provide construction
administration services for the development of the landscape improvements that include tree
plantings, concrete work, and bench installation.
The anticipated contract award for CSAH 61 is expected in March 2022 with an estimated
construction budget of $154,331.50. Construction is scheduled to take place April – July 2022.
We’ve assumed 3 -4 weeks of plant installations and 8-10 weeks of total construction activity.
SCOPE OF SERVICES
WSB is proposing the following construction inspection and administration services for this project
based on the project understanding and as outlined below: Construction Administration Services
1. Conduct Pre-Construction Meeting including preparing and distributing meeting minutes
to all attendees. WSB to invite utility companies to this meeting.
2. Site Progress Meetings: Attend up to 8 weekly progress meetings during periods of active
construction during the project to allow for pro-active communication with the contractor
and Owner, which will maximize efficiency during the construction. Meeting minutes will
be prepared and distributed to all the attendees. These meetings will allow WSB to:
a. Become generally familiar with and to keep the Owner informed about the
progress and the quality of the portion of the work completed. Note, this does not
include exhaustive or continuous on-site inspections.
b. Conduct review of tree staking locations prior to tree installation.
c. Determine, in general, if the work is being performed in a manner indicating that
when fully completed, it will be in accordance with the Contract Documents.
d. Report to the Owner known deviations from the Contract Documents.
e. Includes attending 1 Substantial completion meeting and prepare punch list.
f. Includes attending 1 Final Project Completion review meeting to verify punch list
is completed.
Rod Rue
March 9, 2022
Page 2
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3. The City has elected to accepted the Bid Alternate for the 2-year extended warranty of
plant material. WSB has included a warranty review meeting in the spring after year one
and two to verify health and condition of plantings.
4. Review submittals and shop drawings.
5. Answer contractor questions and provide design intent and clarification for any issues
that may arise during the project.
6. Review pay applications prepared by contractor and make recommendations regarding
payment.
7. In the event of changed conditions during the project, WSB will prepare and distribute
any necessary change orders to expedite the work in the field. Certified Tree Inspections / Labor Compliance / State Aid Closeout Documents
WSB will provide a MnDOT certified tree inspections during the project to provide experience and
knowledge regarding proper construction techniques that meet MnDOT requirements.
1. Attendance at Pre-Construction Meeting.
2. Conduct inspections of plant materials (276 trees, 377 shrubs, 406 vines) at suppliers
prior to shipping and delivering to project site to ensure products meet specs.
3. Based on similar projects, WSB has included up to 30 hours throughout the project to
conduct and document certified tree inspections as well as State Aid closeout
documents.
4. WSB has included up to 10 hours for administration of labor and wage compliance.
PROJECT MANAGEMENT
1. Bob Slipka will provide day-to-day project management.
PROPOSED FEES
It is proposed that the Scope of Services identified above be billed on an hourly not to exceed
basis of $29,925.
1) Additional Services: Services other than those listed in the Scope of Services above and
requested and authorized in writing by the City. These services shall be billed on an hourly
basis according to the current Hourly Rate Schedule.
Thank you again for this opportunity. Please contact me at 763-231-4841 if you have any
questions. If you agree with the scope of services and related fees as outlined above, we are
ready to begin work upon execution of a professional services agreement.
Sincerely,
WSB
Jason Amberg, PLA, ASLA Robert Slipka, PLA
Principal / Director of Landscape Architecture Project Manager / Sr. L. Architect
\\gvfiles01\resources\.Clients All\Eden Prairie\Proposals\TH 61 (Flying Cloud Dr) Landscaping\CA\LTR PROPOSAL - TH 61 Landscaping_2020-07-01.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM March 9, 2022
Mr. Rod Rue, PE
City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: CSAH 61 (Flying Cloud Drive) Landscaping Construction Administration
Dear Mr. Rue:
WSB is pleased to present this proposal for construction services related to the construction
improvements of CSAH 61.
This scope of services is based on knowledge from WSB’s direct involvement in the preparation
of the construction documents for this project and award of base bid and alternates.
PROJECT UNDERSTANDING
It is our understanding that the scope of services for this project are to provide construction
administration services for the development of the landscape improvements that include tree
plantings, concrete work, and bench installation.
The anticipated contract award for CSAH 61 is expected in March 2022 with an estimated
construction budget of $154,331.50. Construction is scheduled to take place April – July 2022.
We’ve assumed 3 -4 weeks of plant installations and 8-10 weeks of total construction activity.
SCOPE OF SERVICES
WSB is proposing the following construction inspection and administration services for this project
based on the project understanding and as outlined below: Construction Administration Services
1. Conduct Pre-Construction Meeting including preparing and distributing meeting minutes
to all attendees. WSB to invite utility companies to this meeting.
2. Site Progress Meetings: Attend up to 8 weekly progress meetings during periods of active
construction during the project to allow for pro-active communication with the contractor
and Owner, which will maximize efficiency during the construction. Meeting minutes will
be prepared and distributed to all the attendees. These meetings will allow WSB to:
a. Become generally familiar with and to keep the Owner informed about the
progress and the quality of the portion of the work completed. Note, this does not
include exhaustive or continuous on-site inspections.
b. Conduct review of tree staking locations prior to tree installation.
c. Determine, in general, if the work is being performed in a manner indicating that
when fully completed, it will be in accordance with the Contract Documents.
d. Report to the Owner known deviations from the Contract Documents.
e. Includes attending 1 Substantial completion meeting and prepare punch list.
f. Includes attending 1 Final Project Completion review meeting to verify punch list
is completed.
Rod Rue
March 9, 2022
Page 2
\\gvfiles01\resources\.Clients All\Eden Prairie\Proposals\TH 61 (Flying Cloud Dr) Landscaping\CA\LTR PROPOSAL - TH 61 Landscaping_2020-07-01.docx
3. The City has elected to accepted the Bid Alternate for the 2-year extended warranty of
plant material. WSB has included a warranty review meeting in the spring after year one
and two to verify health and condition of plantings.
4. Review submittals and shop drawings.
5. Answer contractor questions and provide design intent and clarification for any issues
that may arise during the project.
6. Review pay applications prepared by contractor and make recommendations regarding
payment.
7. In the event of changed conditions during the project, WSB will prepare and distribute
any necessary change orders to expedite the work in the field. Certified Tree Inspections / Labor Compliance / State Aid Closeout Documents
WSB will provide a MnDOT certified tree inspections during the project to provide experience and
knowledge regarding proper construction techniques that meet MnDOT requirements.
1. Attendance at Pre-Construction Meeting.
2. Conduct inspections of plant materials (276 trees, 377 shrubs, 406 vines) at suppliers
prior to shipping and delivering to project site to ensure products meet specs.
3. Based on similar projects, WSB has included up to 30 hours throughout the project to
conduct and document certified tree inspections as well as State Aid closeout
documents.
4. WSB has included up to 10 hours for administration of labor and wage compliance.
PROJECT MANAGEMENT
1. Bob Slipka will provide day-to-day project management.
PROPOSED FEES
It is proposed that the Scope of Services identified above be billed on an hourly not to exceed
basis of $29,925.
1) Additional Services: Services other than those listed in the Scope of Services above and
requested and authorized in writing by the City. These services shall be billed on an hourly
basis according to the current Hourly Rate Schedule.
Thank you again for this opportunity. Please contact me at 763-231-4841 if you have any
questions. If you agree with the scope of services and related fees as outlined above, we are
ready to begin work upon execution of a professional services agreement.
Sincerely,
WSB
Jason Amberg, PLA, ASLA Robert Slipka, PLA
Principal / Director of Landscape Architecture Project Manager / Sr. L. Architect
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Contract with Electric Pump for the Repair of a Wastewater Pump at the Spring Road Sanitary Sewer Lift Station
ITEM NO.:
VIII.N.
Requested Action Move to: Approve Contract with Electric Pump in the amount of $31,000 for the repair of a
pump and installation of a deflector shield at the Spring Road Sanitary Sewer Lift Station. Synopsis
Eden Prairie Utilities received a proposal from the sole regional supplier for rebuilding a sewage pump in service at sanitary sewer lift station number 20 located at 9890 Spring Road. The pumps at this location have been in continuous service since the lift station was first installed 20 years ago. One of the two pumps at the lift station was repaired at minimal cost, however the pump to be repaired by this contract is directly beneath the cascading influent of the incoming
sewage, which ultimately after many years of use led to water infiltration into the motor through the upper electrical seals. The repair of this pump is therefore much more involved and more costly. To avoid future infiltration of water into the motor from the waterfall of sewage, we are including in this contract the cost to install a deflector shield above the pump motor 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, 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 Spring Road 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.
We have learned through previous repair projects that our Flyte brand pumps used in 90% of our lift stations are proprietary and parts can only be obtained from a single licensed distributor for Flyte. Other repair contractors have to purchase parts from the same distributor at a retail markup, making their project quotes higher in cost than proposals from Electric Pump, the Minnesota vendor. 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 _5th_day of_April_, 20_22_, 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 rebuilding of the damaged Flygt model 2200 sanitary sewer pump and the installation of a wastewater deflector shield at the Spring Road sanitary sewer lift station _ 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
_April_ _5_, 20_22_. The Work shall be completed by _August 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 to the lift station in order to perform the baffle plate installation work. Any lost keys 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 personnel and equipment to offload the pump at the Eden Prairie shop if
delivered by the Contractor. c. Provide one utility employee to assist with the installation of the baffle plate as needed.
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 Rebuilding the Sanitary Sewer Pump and Installation of an Incoming Wastewater Deflector Shield at the
Spring Road Sanitary Sewer Lift Station
Project Understanding The City of Eden Prairie is contracting for the overhaul of the Flygt model 3300 sanitary sewer pump removed from the Spring Road sanitary sewer lift station restoring it to like-new condition. Included in this project is the installation of a stainless steel baffle plate above the pump
installation location. The Project consists of the shop repair of the pump which has already been removed and disassembled; ongoing coordination with Eden Prairie’s lift station point-of-contact; fabrication of the custom stainless steel baffle plate and its subsequent installation at the Spring Road lift station in such manner that it deflects the incoming wastewater flow away from the top of the pump assembly.
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 ordering the necessary pump components to complete the overhaul; repair of the water damaged motor; reassembly of the pump components; bench testing; and preparing the pump assembly for pickup by Eden Prairie employees or drop-off by Electric Pump personnel enroute to another metro area customer. .
B. The Project is generally defined as follows: 1. Advance Sitework (SW): None required
2. Parts Ordering:
a) Verify parts that need to be replaced b) Take photographs of the failed components, at least three clear images from different orientations of each part to be replaced. c) 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.
d) Order the parts agreed-to by the City POC. 3. Pump Reassembly and Testing: a) Reassemble the pump with new parts installed in accordance with the pump
manufacturer’s service manual.
b) Notify the City POC when the pumps will be ready for delivery.
Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 12
c) Perform any testing prescribed by the manufacturer’s service manual. Provide the City POC with a copy of the results from all tests performed.
5. Pump transport option: If Electric Pump will be visiting another utility in the metropolitan area within one month of the completion of the pump rebuild, advise the City POC as soon as this date is determined and offer to deliver the pump to the Eden Prairie utility shop at no extra charge. The City will determine if picking up
the pump using city resources is a more desirable option..
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.
7. Fabrication and installation of baffle plate: Purchase all necessary material and hardware to fabricate the custom-built baffle plate at the Contractor’s shop. The plate shall be of sufficient thickness and strength to resist the flow of incoming
wastewater without bending or deflection. If the baffle plate bends out-of-shape at
any time after installation due to the weight of the incoming flow, Contractor shall replace the baffle plate without additional cost to the City. Transport the plate to the lift station and install it using epoxy grouted anchors and stainless steel fasteners. Take special care to prevent the formation of divots formed by chipping or
“blowing out” of the concrete surrounding the anchors (cratering). Clean and repair
any damage to the concrete or the lift station coating system caused by drilling the anchors. A thorough seal of the anchors is necessary to prevent the infiltration of water through the anchor points into the wall in proximity to the structural rebar which will oxidize, expand, and degrade the lift station integrity over time. Install
the stainless steel baffle plate only after inspection and approval by the City POC or
inspector (who will be present during the project). 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:
April 5, 2022
DEPARTMENT/DIVISION:
Patrick Sejkora Public Works / Engineering
ITEM DESCRIPTION: IC# 22815
Approve Agreement for Phase IX Pond Inventory and Inspection Program with Stantec, Inc.
ITEM NO.:
VIII.O.
Requested Action
Move to: Approve the Professional Services Agreement for the Phase IX Pond Inventory and Inspection Program with Stantec, Inc., for $95,900.
Synopsis The proposal from Stantec is to provide an inventory of the stormwater ponding system within
the subwatersheds for Birch Island Lake and a portion of Bryant Lake. The inventory will be
used to select projects to improve the stormwater treatment system for Birch Island and Bryant Lake. This project is the next step towards completing the citywide stormwater treatment inventory required by our Stormwater Permit Program. The cost of pond inventory will be paid out of the stormwater utility.
Background Information
The City has been working on inventorying our stormwater system since 2003. The current inspection program includes visual inspection of stormwater treatment areas (including lakes, ponds, wetlands, ditches, raingardens, drainage swales and creek segments) to identify problems that require repair. The scope of work to complete the inventory was approved by the Minnesota
Pollution Control Agency on April 18, 2011.
The City has identified approximately 44 basins (ponds or wetlands modified to treat stormwater) that will require analysis within this study area. The services Stantec will include items such as the following:
• Survey current depth and bathymetric contours for each selected water body.
• Develop models (P8 and BATHTUB) to evaluate the watershed and stormwater runoff entering the study area.
• Compare existing conditions with as-built information.
• Calculate the removal efficiency (%) for phosphorus and sediment.
• Determine which water bodies need sediment removal or other maintenance.
• Determine whether opportunities exist to upgrade functionality of the stormwater treatment
system that may benefit the creek or lake.
The estimated cost for this phase based on evaluating 44 ponds is $95,900. This price assumes that
the City will not hire an intern to help with the fieldwork. Costs will be paid from the storm water utility fund. The City will be working concurrently with the Nine Mile Creek Watershed District
(NMCWD) on the analysis for Birch Island Lake. Staff will evaluate opportunities for cost
savings as NMCWD finalizes their scope of work.
Attachment
Agreement
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 5th day of April, 2022, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 7500 Highway 55, Suite 300, Golden Valley,
MN 55427.
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 Birch Island Lake and West Bryant Lake Inventory and Assessment 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 ( Proposal dated March 8, 2022 ) 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 April 5, 2022 through March 30, 2023
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 $ 95,900 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.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, pandemics, fires, acts of God,
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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) 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
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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 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
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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. 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 include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11.
c. 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
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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 d. 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. e. 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.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not available. g. 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. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
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Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable. l. 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.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
n. 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.
o. 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.
p. 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.
q. 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
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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
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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 hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
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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
Page 10 of 10 2021 04 22
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
_______________________________________ By: Its:
Stantec Consulting Services Inc.
7500 Olson Memorial Highway
Suite 300
Golden Valley MN 55427-4886
March 8, 2022
Project/File: 227780082
Leslie Stovring
Leslie Stovring
Water Resources Coordinator
8080 Mitchel Road
Eden Prairie, MN 55344
Dear Ms. Stovring,
Reference: Birch Island Lake and West Bryant Lake Inventory and Assessment
Thank you for this opportunity to present this proposal to the City of Eden Prairie for Phase 9 Basin
Inventory and Assessment. Stantec is excited to help the City with assessing stormwater basin functionality
in the Birch Island and West Bryant Lake watersheds. Our team has considerable experience in providing
the necessary GIS, inspection, modeling, and reporting services for this project. Stantec will continue to
build on the previous 8 phases of the inventory and assessment by identifying maintenance needs and
opportunities for stormwater improvements. Stantec’s team consists of well qualified engineers and scientist
that are responsive to the City’s needs. Thank you again for the opportunity to continuing to work with the
City of Eden Prairie.
Attached is our proposed scope of services, schedule, and cost estimate to complete Phase 9.
On behalf of Stantec, thank you for this opportunity to continue to serve the City of Eden Prairie. If there are
any questions related to this proposal, don’t hesitate to call 736-252-6877 or email
anne.wilkinson@stantec.com.
Sincerely,
Anne Wilkinson PhD
Water Resources Engineer
Phone: (763) 252-6877
anne.wilkinson@stantec.com
Hagen Kaczmarek
Associate, Environmental Scientist
Phone: (970) 893-4818
hagen.kaczmarek@stantec.com
Attachments: Birch Island Scope of services
Stantec Consulting Services Inc.
7500 Olson Memorial Highway
Suite 300
Golden Valley MN 55427-4886
Health, Safety and Security Policy
Stantec is committed to providing and maintaining a healthy, safe, and secure workplace for our staff,
clients, partners, and subcontractors.
Our core company values guide us in all that we do. The way we treat our people, our clients, and our
neighbors reflects who we are, what we believe in, and how we do our work. At Stantec, we believe in doing
what is right and being SaferTogether, which includes addressing the physical, psychological, and social
well-being of our employees, and sending people home injury-free, every day.
Stantec’s Health, Safety, Security, and Environment (HSSE) Program is a cornerstone of Stantec’s ISO
45001-certified Occupational Health and Safety Management System (OHSMS) which is part of Stantec’s
global Integrated Management System.
Stantec strives to
• Visibly demonstrate a commitment to Health, Safety and Security (HSS) by providing responsible
leadership, and clearly communicating expectations.
• Assist and support employees in developing an awareness and understanding of the health, safety,
and security issues related to their work.
• Identify, assess, and manage the health, safety, and security hazards and risks to which its
employees are exposed
• Comply with legislation, regulations, and appropriate industry standards
• Monitor and enhance the health, safety, and security practices through inspections, audits, reviews,
investigations, corrective actions, shared learnings, review of best practices, and behavior-based
processes
• Share lessons learned and integrate best HSS practices into our businesses
• Provide a framework which supports the continual improvement of the system
• Work collaboratively with employees to achieve health, safety, and security, at work and at home
• Foster a culture of being Safer Together, in which all employees, partners, and subcontractors
share a commitment to health, safety, and security.
Everyone working for Stantec is responsible and accountable for Stantec’s health, safety, and security
performance. Management, supervisors, employees, and subcontractors are expected to understand their
roles and responsibilities as outlined by the HSSE Program and to comply with the practices of the
Occupational Health and Safety Management System.
Stantec Consulting Services Inc.
7500 Olson Memorial Highway
Suite 300
Golden Valley MN 55427-4886
Project Understanding and Assumptions
PROJECT UNDERSTANDING
Stantec understands the Phase 9 Basin Inventory and Maintenance Assessment includes subwatersheds
contributing to Birch Island Lake and the western drainage of Bryant Lake (bound by MN Highway 62, and
Interstate 494). Figure 1 shows the survey area along with the basins to be surveyed. Previously Wenck,
(now part of Stantec), has worked with the City of Eden Prairie on eight previous phases of the Basin
Inventory and Maintenance Assessment. The phases include:
• Staring Lake (Phase I)
• Red Rock Lake and Duck Lake (Phase II)
• Eden Lake and Neill Lake (Phase III)
• Lower Riley Creek (Phase IV)
• Mitchell Lake (Phase V)
• Lake Riley and Rice Marsh Lake (Phase VI)
• Round Lake (VII)
• Lake Smetana (VIII)
The proposed ninth phase of the project will follow a similar approach to the previous Phases.
Stantec Consulting Services Inc.
7500 Olson Memorial Highway
Suite 300
Golden Valley MN 55427-4886
Figure 1 - Basins Included in Phase 9
Stantec Consulting Services Inc.
7500 Olson Memorial Highway
Suite 300
Golden Valley MN 55427-4886
ASSUMPTIONS
Stantec assumes the following for this project:
• Two (2) Stantec team members will conduct the bathymetric, field surveys, and documenting
maintenance needs using the City’s inspection forms.
• Following the field work, the photos and inspection sheets will be transferred to the City. This will
either be transferring hand-written forms or forms submitted through an online environment.
• Stantec will request as-built documents from the City and perform calculations on the design or as-
built conditions. The City will provide the necessary drawings to Stantec for the basin analysis task.
o Stantec will transcribe information from the as-builts and perform calculations (original as-
built volumes and flood volumes) to include in the master inventory database. In previous
inventory phases, a City intern has completed this task.
• Stantec will receive the most current GIS files prior to starting the field surveys to determine if new
basins were added.
• Stantec will utilize an existing report template developed for the Lake Smetana, Round Lake, and
Lake Riley reports.
• Stantec will include an optional field task to evaluate infiltration basins in West Bryant Lake
watershed. The infiltration tests will cover up-to three (3) basins that will help inform the P8 model
and whether the basins are performing correctly. The labor and equipment costs are included in the
total amount for Task 2.
• Stantec assumes a watershed P8 model has been developed. However, the watershed model will
need to be modified to include new watershed areas for individual basins and updated watershed
curve number calculations. Stantec will coordinate with the Nine Mile Creek Watershed District to
access the watershed delineation and P8 model.
• Data will be collected for the West Bryant Lake watershed in this phase. While not in the Birch
Island watershed, the data will be included in the final report. By reporting the results before issuing
the next inventory report, the City will have the ability to address maintenance issues sooner. If
maintenance needs are identified, Stantec will coordinate with the City and determine which
maintenance items will carry over to the future Bryant Lake inventory phase.
Stantec Consulting Services Inc.
7500 Olson Memorial Highway
Suite 300
Golden Valley MN 55427-4886
Scope of Services
The scope of services for the Phase 9 Basin Inventory and Maintenance Assessment include:
• Task 1 – Stormwater System Analysis
• Task 2 – Sediment Survey
• Task 3 – Basin Analysis
• Task 4 – Reporting Requirements
• Task 5 – Meetings, Project Management & Project Summaries
• Task 6 (Optional) – Lake Response Model for Birch Island
TASK 100 – STORMWATER SYSTEM ANALYSIS
This task consists of identifying the basins the City is responsible for maintaining, selecting basins for
further field evaluation, and delineating the subwatersheds to each basin. (Throughout this proposal, we will
refer to constructed stormwater ponds and stormwater wetlands collectively as “basins.”) Basin
identification will be coordinated with City staff to determine which basins are located on City property,
within City right-of-way, or under a drainage and utility easement. We expect to locate basins on City
property and within City right-of-way using GIS-based parcel information from the City. We will continue
collaborating with City staff in determining which basins may be under drainage and utility easements. The
subwatersheds for each basin will be delineated using LiDAR contours and storm sewer information.
There appears to be 13 basins located in the Birch Island Lake watershed and 31 basins in the West Bryant
Lake watershed. Figure 1 provides an overview of watershed divisions and proposed basins to survey
within each drainage area. The number of basins will be verified prior to field evaluations.
In total there are 44 basins:
• 10 constructed ponds
• 22 stormwater wetlands
• 7 wetlands
• 4 infiltration basins
• 1 creek section
Task 100 Deliverable:
• Spreadsheet or database listing the water bodies identified for inclusion in the project.
• Watershed delineations of individual ponds
TASK 200.1 – FIELD SURVEYS
For Task 2, Stantec will visually inspect and perform a bathymetric survey for each basin identified in Task
1. The inspection and survey for basins in the Birch Island Lake and West Bryant Lake watershed will be
conducted in summer of 2022. The inspection and survey information will be used to determine if
maintenance is required and assess the basin pollutant removal performance (Task 3).
March 8, 2022
Leslie Stovring Page 7 of 10
Reference: Birch Island and West Bryant Lake Inventory and Assessment
Stantec will review or collect the following for each basin visual inspection:
• Review storm sewer, grading, and utility plans available for each basin prior to field evaluation. If
possible, these plans will be taken into the field with the inspector to allow for easy comparison
between the proposed and constructed facilities.
• Photograph basin features.
• Identify and report plain-sight maintenance needs (i.e., erosion, accumulation of debris on trash
racks, repairs to damaged structures) using the “Stormwater System Follow-Up Checklist”.
Stantec will conduct the sedimentation survey using GPS survey equipment. The elevations for inlets and
outlets, water surface elevation, and ground shots above the water surface elevation surrounding the pond
will be surveyed using sub-centimeter grade GPS survey equipment. The permanent pool of the basin will
be surveyed by measuring the depth of water at each measuring location and then the elevation will be
determined by subtracting the depth from the water surface elevation. The sediment accumulation will be
measured at each location by advancing a rod into the sediment until the depth of refusal (the original basin
bottom). Each location of measurement will be surveyed with sub-meter grade GPS survey equipment.
Task 200.1 Deliverables:
• Collect bathymetric data of stormwater ponds and wetlands
• Manage survey data in a GIS environment
• Document maintenance concerns using the City’s inspection forms
TASK 200.2 – INFILTRATION TESTING (OPTIONAL)
During the initial screening of infiltration basins within the Birch Island and Bryant Lake watersheds, four (4)
infiltration basins were identified. Stantec proposes to conduct infiltration tests on select basins. The
preliminary basins selected for infiltration testing include 03-23-B, 03-31-C, and 10-12-A. The infiltration
tests will be completed using a double-ring infiltrometer. The results of the infiltration tests will be presented
in the final report.
Task 200.2 Deliverables:
• Conduct field infiltration test
• Include infiltration test results in final report
TASK 300 – BASIN ANALYSIS
Task 3 analyzes the data collected from Task 2 to determine the sedimentation level, pollutant removal
effectiveness of the basin, and, ultimately, which basins need sediment removal. The basin analysis for
Birch Island will be conducted in the fall of 2022 and continue through the spring of 2023.
Stantec will use ESRI software to import the GPS survey data from the field evaluation to determine the
degree of sediment deposition in each basin. The ArcMap software will allow Stantec to calculate the
volume of the basin below any elevation. Therefore, we can quickly calculate the basin surface area,
permanent pool volume, and live storage volume. From this information, we will then estimate the degree
March 8, 2022
Leslie Stovring Page 8 of 10
Reference: Birch Island and West Bryant Lake Inventory and Assessment
of sedimentation by comparing the volume to the design or as-built plans for each basin. Where design or
as-built plans are not available, we will determine the degree of sedimentation using the probing rod results.
Using the spreadsheet from Task 2, Stantec will calculate the water quality volume draining to the basin
and the permanent pool volume within the basin. Flood elevations will be obtained from design plans or
estimated using the top elevation of the basin.
Stantec will prioritize basin maintenance and expansion projects based on the degree of sedimentation
found in each pond, its hydrologic proximity to public waters, and the potential water quality benefits of
increasing permanent pool volumes. The plain-sight maintenance needs identified during the field
evaluation will be included in a separate prioritization that the city may wish to evaluate on a case-by-case
basis and incorporate them into ongoing maintenance programs.
Stantec will also evaluate the existing P8 modeling for Birch Island. The P8 model will need to be revised to
include additional stormwater management devices not included in the current P8 model. This will result in
needing to recalculate curve numbers for the analysis. Infiltration testing will also be incorporated on basins
if infiltration field tests are conducted. The updated modelling results will be incorporated into the report and
will be used to prioritize basin improvement projects.
Task 300 Deliverables:
• Expand the Birch Island spreadsheet or database from Task 2 to include the calculated parameters
from Task 3.
• Evaluate the P8 modelling data from Barr and evaluate water quality improvement projects. Stantec
will reach out to the Nine Mile Creek Watershed District to request access to the watershed P8
model.
• Prepare memo of results of P8 modeling.
TASK 400 – REPORTING REQUIREMENTS
Upon completion of the analysis of Birch Island Lake, Stantec will complete a report to summarize the
methods and results. The report will detail the methods of the field evaluation and analysis from Tasks 1-3,
and highlight critical maintenance activities including individual basin sediment volumes. Plain-sight
maintenance activities will be summarized using tables and figures rather than a detailed explanation for
each individual basin visited during the field evaluation.
The technical report will only detail maintenance for Birch Island Lake. Basins in the West Bryant Lake
watershed will be included in a later report for the Bryant Lake Inventory and Maintenance Assessment.
The technical memorandum will present cost considerations for the recommended maintenance activities.
Among these, dredging and disposal of sediment is likely the most costly. The cost estimates include
construction costs (including mobilization, site preparation, sediment excavation and disposal, minor storm
sewer or structural work, and erosion control), Laboratory analysis and results analysis, Level 2 sediment
disposal costs according to the MPCA guidance, Engineering costs, and 20% contingency.
March 8, 2022
Leslie Stovring Page 9 of 10
Reference: Birch Island and West Bryant Lake Inventory and Assessment
Stantec will submit a draft technical report to City staff for review and approval prior to finalizing the report.
We expect one meeting with City staff to present the results and recommendations of the study.
Task 400 Deliverables:
• Final Birch Island spreadsheet or database including evaluated information for each basin.
• All Birch Island Lake GIS files.
• Final report of survey results, maintenance recommendations, and water quality improvement
opportunities.
TASK 500 – MEETINGS, PROJECT MANAGEMENT & PROJECT SUMMARIES
Task 5 includes attendance at 1 project kickoff meeting, mileage, and project coordination time. The task
also includes drafting of a project summary to be attached to each invoice. The project summary will detail
the amount billed to date, tasks which need to be completed, the estimated cost to complete these tasks,
and the projected timeline for completion of the project.
Task 500 Deliverables:
• Attendance at 1 meeting to kick-off the project and discuss which ponds will be included in the field
survey.
• A project summary report with each monthly invoice in regard to Birch Island Lake and West Bryant
Lake assessment.
March 8, 2022
Leslie Stovring Page 10 of 10
Reference: Birch Island and West Bryant Lake Inventory and Assessment
Schedule and Cost
Stantec anticipates the project will start after a signed contract following the March 15th City Council
meeting. After receiving a signed agreement, Stantec will hold a project kickoff and task setting meeting
with the City in the beginning of April. Table 1 identifies the general project tasks and the proposed timing
of the tasks, assuming a signed agreement is received by the end of March 2022.
Stantec will perform the scope of work outlined above on a time and materials basis not to exceeded
$95,900. Stantec will not exceed the amount in this contract without written consent from the City. In the
event of out-of-scope work or additional requests from the City, Stantec will work with the City to develop a
change in scope and additional budget needed to complete the task(s). Table 1 outlines the expected labor
costs, reimbursable expenses, and equipment that will be utilized for this project.
Task Number Task Name Start Date End Date Labor Cost Expenses Total
100
Stormwater
System
Analysis
4/1/2022 5/20/2022 $ 7,400 $ - $ 7,400
200.11 Sedimentation
Survey 4/30/2022 10/30/2022 $ 41,900 $ 3,300 $ 45,200
200.2 Infiltration
Tests 6/1/2022 10/30/2022 $ 2,100 $ 200 $ 2,300
300 Basin Analysis 8/1/2022 11/30/2022 $ 27,700 $ - $ 27,700
400 Reporting 10/1/2022 3/30/2023 $ 7,700 $ - $ 7,700
500 Project
Management 4/1/2022 3/30/2023 $ 5,600 $ - $ 5,600
Total $ 95,900
Table 1 - Cost and Schedule for Phase 9 Inventory
Thank You!
Stantec appreciates the opportunity to present this scope of work to the City of Eden Prairie. Stantec is
committed to delivering the proposed scope of services on time and within budget. Should you have
question on items presented in this proposal, please do not hesitate to call or email.
1 This proposal assumes a Stantec intern will assist with field work. The cost for the intern is $12,900. The standalone FTE Stantec
personnel for this task is $29,000.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
April 5, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Code Amendment – Lighting
ITEM NO.:
Requested Action
Move to:
•Close the Public Hearing; and
•Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to
Lighting
Synopsis Currently, City Code requirements for lighting are very general. Most lighting elements on project sites
are discussed through the development review process and included in the Development Agreement.
To provide more consistent and specific requirements on lighting, and to ensure all new projects will be held to the same lighting standards, staff is proposing amendments to the lighting code to incorporate Development Agreement practices into City Code requirements for lighting.
The proposed changes are consistent with code enforcement practices. Staff current policy is to enforce
lighting requirements at the exterior property line for Planned Unit Developments and at the property line of differing land uses when reviewing proposed developments. Enforcement is completed on a complaint basis.
Planning Commission Recommendation
The Planning Commission voted 8-0 to recommend approval of the amendment to Section 11.03 relating to lighting at the September 28, 2020 meeting with the following revisions:
•changing the requirement in item b) to include a 25-foot pole on a maximum three-foot base,
•the elimination of item c),
•changing item e) to add a building setback area or buffer where “adjacent properties” does notapply,
•item g) adding the phrase “except decorative lighting at building entries”
These items have been incorporated into the language provided to the Council as tracked changes, highlighted in red.
Proposed Change
The proposed ordinance for the Council’s consideration retains the provision related to glare. For clearer formatting, the unamended glare provision will be included in this new lighting section as item 1 rather than keep the current formatting.
IX.A.
Staff proposes deleting Item E in its entirety and replacing it with the language shown below in strikethrough and adopting the following new underlined lighting requirements in the City Code,
Section 11.03, Subd. 4, Item E:
Lighting illumination shall not exceed 0.5 foot candles measured at the property line. Pole lighting height shall not exceed 25 feet measured at natural grade. Pole lighting in the interior portion of a parking lot shall be located within a parking island. Site lighting for athletic fields, public facilities,
and parks is exempt.
Lighting. The following lighting illumination standards shall apply to all districts except Park and Open Space: 1.Glare, whether direct or reflected, such as from spotlights or high temperature
processes, and as differentiated from general illumination, must not be visible beyond
the limits of the immediate site from which it originates.2.Lighting illumination from the property shall not exceed 0.5 foot candles measured at
the property line.
3.Pole lighting height shall not exceed 25 feet on a maximum three (3) foot base for a
total maximum height of 28 feet, and the light source shall have downcast shoe box
lens.
4.Wall lighting placed on buildings shall be positioned to cast light downward toward the
ground, and the light source shall include a shield directing light to the ground. Upward
lighting on or projected onto building exteriors is subject to approval by the Council
through Site Plan Review or the City Planner through Administrative Site Review if the
criteria are met.
5.Bare incandescent, florescent, or LED lightbulbs shall not be permitted in view of
adjacent property or public right-of-way with the exception of the area of the required
setback on adjacent property.
6.For lighting non-horizontal surfaces, such as flag poles, landscaping, fountains, and art
or statuary, luminaires shall be located, aimed, and shielded so as to not project their
beam onto abutting properties, past the object being illuminated, or onto public right-of-
way. The lighting shall be fitted with devices such as shields, barn doors, baffles,
louvers, skirts, or visors to minimize spill light and glare impacts.
7.All canopy lighting shall be recessed lighting, flush mounted with canopy ceiling, and
have a flat glass lens, except decorative lighting under canopies at building entries.
Attachments 1. Ordinance2. Staff Report3. Planning Commission Minutes
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11, SECTION 11.03 RELATING TO SITE LIGHTING; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.03, Subd. 4, is hereby amended by deleting Item E and the paragraph following Item E beginning “Lighting illumination . . .” in their entirety and replacing them with the following new Item E:
E. Lighting. The following lighting illumination standards apply to all districts except Park
and Open Space: 1. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, must not be visible beyond the limits of the immediate site from which it originates.
2. Lighting illumination from the property may not exceed 0.5 foot candles
measured at the property line.
3. Pole lighting height may not exceed 25 feet on a maximum three (3) foot base for a total maximum height of 28 feet, and the light source must have downcast shoe box lens.
4. Wall lighting placed on buildings must be positioned to cast light downward toward the ground, and the light source must include a shield directing light to the ground. Upward lighting on or projected onto building exteriors is subject to approval by the Council through Site Plan Review or the City Planner through Administrative Site Review if the criteria are met.
5. Bare incandescent, flourescent, or LED lightbulbs are not permitted in locations where they can be viewed from adjacent property or public right-of-way with the
exception of the area of the required setback on adjacent property.
6. For lighting non-horizontal surfaces, such as flag poles, landscaping, fountains, and art or statuary, luminaires must be located, aimed, and shielded so as to not
project their beam onto adjacent properties, past the object being illuminated, or onto public right-of-way. The lighting must be fitted with devices such as shields, barn doors, baffles, louvers, skirts, or visors to minimize spill light and glare impacts.
7. All canopy lighting must be recessed lighting, flush mounted with the canopy ceiling, and have a flat glass lens, except decorative lighting under canopies at
building entries.
Section 2. 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 3. This ordinance will 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 5th day of April, 2022, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the _____ day of _______________, 2022.
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
STAFF REPORT:
TO: Planning Commission
FROM: Sarah Strain, Planner I
DATE: September 28, 2020
SUBJECT: City Code Lighting Amendment
BACKGROUND Currently, City Code requirements for lighting are very general. While generality can allow for
flexibility and innovation, the current code language does not provide a clear base standard for
site lighting. Most lighting elements on project sites are discussed through the development review process and included in the Development Agreement. This puts the City in a reactive position when lighting is proposed for developments. To provide more consistent and specific requirements on lighting, and to ensure all new projects will be held to the same lighting standards equally, staff is proposing amendments to the lighting code. Adding specifications to
the lighting requirements will help the City be proactive in lighting details and establishing a
community standard.
In preparing the proposed amendment, staff also reviewed the lighting standards of neighboring
communities and professional organizations.
CURRENT CODE LANGUAGE
The following excerpts are the current language relating to lighting in the City Code:
Glare. Glare, whether direct or reflected, such as from spotlights or high temperature processes,
and as differentiated from general illumination, shall not be visible beyond the limits of the
immediate site from which it originates. Glare and Lighting illumination in the Park and Open
Space District are exempted from these requirements. Glare and Lighting illumination standards
for the Park and Open Space District are set forth in Section 11.37.
Source: Ordinance No. 17-2017
Effective Date: 9-28-2017
Lighting illumination shall not exceed 0.5 foot candles measured at the property line. Pole
lighting height shall not exceed 25 feet measured at natural grade. Pole lighting in the interior
portion of a parking lot shall be located within a parking island. Site lighting for athletic fields,
public facilities, and parks is exempt.
Source: Ordinance No. 25-2016
Effective Date: 10-27-2016
PROPOSED CODE LANGUAGE
The paragraph related to glare is proposed to remain unchanged. Staff proposes removing the
current lighting paragraph shown below in strikethrough and adopting the following underlined
lighting requirements in the City Code:
Lighting illumination shall not exceed 0.5 foot candles measured at the property line. Pole
lighting height shall not exceed 25 feet measured at natural grade. Pole lighting in the interior
portion of a parking lot shall be located within a parking island. Site lighting for athletic fields,
public facilities, and parks is exempt.
Lighting. The following lighting illumination standards shall apply to all districts except Park and
Open Space:
(a) Lighting illumination from the property shall not exceed 0.5 foot candles measured
at the property line.
(b) Pole lighting height shall not exceed 25 feet measured at natural grade and the light
source shall have downcast shoe box lens.
(c) Lighting in the interior portion of a parking lot shall be located within a parking
island.
(d) Wall lighting placed on buildings shall be positioned to cast light downward toward
the ground, and the light source shall include a shield directing light to the ground.
Upward lighting on or projected onto building exteriors is subject to approval by
the Council through Site Plan Review or the City Planner through Administrative
Site Review if the criteria are met.
(e) Bare incandescent, florescent, or LED lightbulbs shall not be permitted in view of
adjacent property or public right-of-way.
(f) For lighting non-horizontal surfaces, such as flag poles, landscaping, fountains, and
art or statuary, luminaires shall be located, aimed, and shielded so as to not project
their beam onto abutting properties, past the object being illuminated, or onto public
right-of-way. The lighting shall be fitted with devices such as shields, barn doors,
baffles, louvers, skirts, or visors to minimize spill light and glare impacts.
(g) All canopy lighting shall be recessed lighting, flush mounted with canopy ceiling,
and have a flat glass lens.
LIGHTING REQUIREMENTS COMPARISON
All neighboring communities reviewed by staff specify lighting requirements similar or identical
to the proposed amendments in their City Codes, including fixture features designed to shield or
minimize glare, direction or angle of fixtures, location of fixtures on the site or structure, and
height. Some communities include more detailed illumination standards, require compliance with
Dark Sky best practices, or dictate the styles of lighting fixtures permitted.
Eden Prairie is consistent with neighboring communities regarding the footcandle standard at the
property line. Most neighboring communities have a maximum footcandle reading between 0.5
and 1 at the property line, depending on the land use of the adjacent property. Eden Prairie has
not granted any waivers for projects related to footcandles at the property line, and all approved
plans show no more than 0.5 footcandles at the property line consistent with City Code
requirements.
STAFF RECOMMENDATION Planning staff recommends the above amendments to City Code.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, SEPTEMBER 28, 2020 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, Lisa Toomey, William Gooding CITY STAFF: Julie Klima, City Planner I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission member DeSanctis was absent.
III. APPROVAL OF AGENDA
MOTION: Markos moved, seconded by Mette to approve the agenda. MOTION
CARRIED 8-0.
IV. MINUTES
MOTION: Higgins moved, seconded by Gooding to approve the minutes of September
14, 2020. MOTION CARRIED 8-0.
V. PUBLIC HEARINGS
VI. PLANNERS’ REPORT A. CODE AMENDMENT FOR GYMNASIUMS Request for:
• Amend City Code Chapter 11 relating to gymnasiums
Klima presented a PowerPoint and gave the background on this amendment. Prior to 1982, gymnasiums were not permitted uses in the Industrial Zoning District. The City received a request to amend the Code to allow gymnasiums in this
district. The City Council directed staff to prepare an amendment for review by the Planning Commission. The Planning Commission recommended approval of the amendment, and the City Council approved an ordinance amendment
PLANNING COMMISSION MINUTES September 28, 2020
Page 2
permitting gymnasiums in Industrial Zoning Districts. Gymnasiums were allowed
to occupy 100 percent of a building’s square footage. Since then, certain issues have arisen: there was no definition of gymnasium, allowing for a broad interpretation. Fitness studios, gymnastics studios, swim schools, dance studios, martial arts studios, et cetera, had been permitted in the Industrial Zoning
Districts, but their permitted use also in the Commercial Zoning Districts has
caused inconsistencies. Also, changes in the uses of industrial buildings are driven
by the economy and market trends. Klima explained this amendment was meant to clean up the Code and allow for equitable treatment among similar uses by providing a definition and setting use
standards. The proposed amendment would allow gymnasium uses up to 50 percent of the total floor area of a building. Staff recommended approval. Mette asked for and received confirmation that with these changes the Tags
Building would remain a conforming use. Kirk asked for and received
confirmation that unless the application pursued a PUD the building would be
limited to 50 percent gymnasium use. Kirk stated the logic of the 50 percent limit was to preserve opportunities for manufacturing jobs in the Golden Triangle, and Klima agreed. With the addition of the LRT line and other changes in the area, a new mix of uses was arising and there would not be as much acreage for
industrial uses. Julia Thompson, co-founder of Tags Gymnastics at 10300 West 70th Street, stated the business had been in Eden Prairie since 1982 and in this building since
2002. Tags employed 75-100 people. The events of 2020, especially the Covid-19
pandemic and its requirements for masks and social distancing, placed stress on
her business serving over 3,500 students. Moving from 100 percent to 50 percent could be challenging. She felt fortunate to meet these guidelines now but worried about the future and for future owners, especially tenants with uses similar to hers. Employment was a challenge right now. She urged the commission to show
more flexibility in this amendment and thanked them for their flexibility thus far. Kirk asked for and received clarification from both Thompson and Klima that the rest of the tenants were not gymnasiums, as the one other fitness center exceeded
the 15 percent floor area threshold for retail.
Mette asked at what point nonconforming uses such as gymnasiums could be prohibited after a use reverts to industrial. Klima replied the nonconforming language in the City Code, which mirrored the State’s language, would apply in this case. If the nonconforming use ceased to operate for one year and was not
released to another nonconforming business, then the site would require a conforming use. Mette suggested included an explanatory letter in that case.
PLANNING COMMISSION MINUTES September 28, 2020
Page 3
MOTION: Farr moved, seconded by Kirk to close the public hearing. MOTION
CARRIED 8-0. Farr stated this was a mixed-use district but an Industrial Zoned District could include factories and other uses with low density, and he saw a contradiction of
keeping employment high in a traditionally low-density area. He saw more logic
in allowing higher-density technical uses in commercial than in restricting use in
an Industrial Zoned District. Also, encouraging fitness, especially indoors in Minnesota, was a good message to send. Ideally, the commission would vote to allow more use of gymnasiums in this zone. Kirk concurred and stated the 50 percent limit was an obstacle for him, too. He asked for data on the results of such
limitations in other communities. He advised against an “artificial” or arbitrary limit. Gooding stated he visited the Golden Triangle and saw a great variety of uses,
ranging from perhaps 10 employees to one hundred, and questioned the focus on
placing limits on gymnasiums. He also asked for more data. Mette warned against
the commission getting into a public policy discussion against a land use discussion. She agreed with Gooding, Kirk, and Farr, but stated this kind of question was common in urban planning, even if the stated desired outcome was not the actual outcome, and the question may go to the policy, which was beyond
the scope of this commission. Kirk replied airing the issue was a healthy discussion. He agreed the commission could only advise on policy. Farr stated the difference between regulating a primary versus a secondary use in
a zoning district. He urged working on the primary use if the strategy was to add
employees. Higgins stated she sensed there was an effort to look at other cities as
examples, and asked Klima for examples. Klima replied staff did look at other communities in the region, many of which used different zoning district terminology. Two communities provided limitations
(Bloomington at 50 percent floor area, and Hopkins at 3,000 square feet). She added the commission could make a recommendation on the percentage. Pieper asked for and received clarification the research did not sufficiently detail to confirm such limitations spurred growth. Mette asked if the limitation was applied
to the Golden Triangle, and Klima replied it applied to all Industrial Zones in
Eden Prairie. Markos noted this could theoretically allow 50 percent gymnasiums in every building, which defeated the purpose of the proposal. Discussion followed on preserving opportunity areas versus encouraging certain jobs. Pieper noted the difficulty of this issue coming up now, during a pandemic. Klima replied this issue had been on staff’s list to address and after the completion of the
Comprehensive Plan process, staff began working on implementing strategies of the Comprehensive Plan. Staff had identified this item as an issue to be addressed and began working on this prior to the Covid-19 pandemic outbreak.
PLANNING COMMISSION MINUTES September 28, 2020
Page 4
Pieper asked for and received confirmation the commission could make a
recommendation on the definition without adopting the limitation language. Mette asked for and received clarification the commission was being asked to 1) define gymnasiums and 2) recommend a percentage use (or none). Kirk stated the commission was 1) trying to solve a problem it did not know how to solve, and 2)
the way it was being “solved” (the 50 percent limitation) did not have sufficient
data to back it. He questioned putting a building owner through the PUD process
with the implementation of the 50 percent limitation. At this time, he supported no limitation change. Mette agreed, and added further changes could be made in the future. Defining this zoning district use definition was also deciding the goal of this amendment. Kirk replied focusing on primary uses, as Farr had
recommended, was a way forward. Higgins agreed the future was uncertain and no one knew how it would impact zoning in Eden Prairie, therefore the commission could not know the actual outcome of this amendment.
MOTION: Kirk moved, seconded by Farr to recommend approval of the code
amendment gymnasium definition change but to add no percentage limit to total
floor space area (maintaining the existing allowed 100 percent total floor area). MOTION CARRIED 8-0. B. CODE AMENDMENT FOR LIGHTING
Request for:
• Amend City Code Chapter 11 relating to site lighting
Klima presented a PowerPoint and explained the amendment. This was a
housekeeping amendment to implement design standards currently captured by
staff in the Development Agreement, therefore, to require by Code what was currently in practice. The amendment would maintain current requirements and add standards for downcast, shielded, and cut off features and other measures to reduce glare and light spill onto neighboring properties. Staff recommended
approval. MOTION: Markos moved, seconded by Mette to close the public hearing. MOTION CARRIED 8-0.
Farr advised against being overly restrictive in the lighting code. He commended
the addition of “downcast luminaires” and wished to see a three-foot concrete base to the height requirements on pole lights. He was unsure if the recommendation would keep glare from the property lines on parking lots, since light poles were planted on the green space. He urged some flexibility or “free
zone” where glare was kept from the property line. He asked for more clarification as to the canopy lighting. Kirk suggested the “free zone” be the setback on the other property. Society had
profited from higher efficiency and LEDs, but “efficiency” was not mentioned in
PLANNING COMMISSION MINUTES September 28, 2020
Page 5
the amendment, and he asked if this was necessary. Mette agreed it saved money
and was desired by property owners but questioned whether it should go in this amendment or elsewhere. Farr replied most or all new lighting was LED, and new technology could come in the future, so staff’s design guidelines were adequate to address this question. Klima agreed this was addressed by the design guidelines.
Pieper asked for a clarification on requirement b), and Klima explained the three-
foot bumper requirement followed from the requirement all parking lot lighting be
installed in an island. Any installed not on an island would require the three-foot base but if given the option, lighting located in islands may increasingly be unlikely to be installed.
Farr noted the units of parking were detailed in number of stalls, which were too far apart for 25-foot light poles. If the City was to require a light on a parking island, require islands. This made sense for, say, Eden Prairie Center but not for all commercial/retail business parking lots. Discussion followed on Farr’s
suggestion that the requirement of all poles being on islands be relaxed.
MOTION: Farr moved, seconded by Toomey to recommend approval of the code amendment based on the staff report dated September 28, 2020 with the following changes: under items a) through g) in the underlighting section, full acceptance of item a), changing the requirement in item b) to include a 25-foot pole on a
maximum three-foot base, the elimination of item c), retaining item d), changing item e) to add a building setback zone where “adjacent properties” does not apply, retaining item f), and in item g) adding the phrase “except decorative lighting at building entries.” MOTION CARRIED 8-0.
C. CODE AMENDMENT FOR TOWERS AND ANTENNAS
Request for:
• Amend City Code Chapter 11 to comply with recent Federal Communication Commission rulings
Klima presented a PowerPoint and detailed the amendment change. The FCC Act of 1996 established antennas and towers as permitted uses in all cities that may not be discriminated against by zoning districts established in cities. The Spectrum Act of 2012 established that local governments were required to
approve certain requests to modify existing wireless structures. In June of 2020
the FCC approved a declaratory ruling to further clarify criteria within the Spectrum Act of 2012 related to altering existing wireless structures. The proposed code change would not alter the existing 13 Subdivisions regulating towers and antennas. Subdivision 14 would be added and provide
acknowledgement of the 2020 FCC declaratory ruling. Staff recommended approval. Pieper asked if what the commission had previously reviewed at Eden Prairie High School would have still come before the commission after this code
PLANNING COMMISSION MINUTES September 28, 2020
Page 6
amendment was adopted, and Klima replied it still would have. It was to build a
new tower, Mette asked for and received clarification Section 14 included items a), b), and c). MOTION: Higgins moved, seconded by Mette to close the public hearing.
MOTION CARRIED 8-0.
MOTION: Kirk moved, seconded by Gooding to recommend approval of the code amendment based on the findings in the staff report dated September 23, 2020. MOTION CARRIED 8-0.
VII. MEMBERS’ REPORTS VIII. ADJOURNMENT
MOTION: Markos moved, seconded by Toomey to adjourn. MOTION CARRIED 8-0.
The meeting was adjourned at 8:36 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
April 5, 2022
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 290017 - 290490
Wire Transfers 1030267 - 1030380 Wire Transfers 8733 – 8768
City of Eden Prairie
Council Check Summary
4/5/2022
Division Amount Division Amount
100 City Manager 46,923 308 E-911 277
101 Legislative 3,616 315 Economic Development 35,269
102 Legal Counsel 32,057 445 Cable PEG 10,481
110 City Clerk 5,491 509 CIP Fund 1,000
111 Customer Service 2,988 526 Transportation Fund 15,744
114 Benefits & Training 4,382 532 EP Road Connect Flying Cloud 1,152
130 Assessing 9,123 539 2020 Improvement Projects 5,120
131 Finance 744 540 Duck Lake Rd. Reconstruction 30,127
136 Public Safety Communications 20,806 804 100 Year History 7
150 Park Administration 110 Total Capital Projects Fund 99,176
151 Park Maintenance 19,229
153 Organized Athletics 600 601 Prairie Village Liquor 134,793
154 Community Center 16,756 602 Den Road Liquor 278,218
156 Youth Programs 4,478 603 Prairie View Liquor 158,541
158 Senior Center 1,894 605 Den Road Building 1,861
160 Therapeutic Recreation 441 701 Water Enterprise Fund 454,034
162 Arts 3,694 702 Wastewater Enterprise Fund 363,792
163 Outdoor Center 151 703 Stormwater Enterprise Fund 29,464
168 Arts Center 1,108 Total Enterprise Fund 1,420,704
180 Police Sworn 19,899
184 Fire 68,483 802 494 Commuter Services 46,060
186 Inspections 19,426 806 SAC Agency Fund 4,970
200 Engineering 702 807 Benefits Fund 875,173
201 Street Maintenance 10,148 809 Investment Fund 8,074
202 Street Lighting 3,044 811 Property Insurance 6,188
Total General Fund 296,293 812 Fleet Internal Service 71,537
813 IT Internal Service 302,205
301 CDBG 31,953 815 Facilites Operating ISF 30,475
303 Cemetary Operation 650 816 Facilites City Center ISF 49,842
Total Special Revenue Fund 32,603 817 Facilites Comm. Center ISF 76,466
Total Internal Svc./Agency Funds Report Totals1,470,989
446 2014A G.O. TAX ABATEMENT BONDS 850
Total Debt Service Fund 850 Report Total 3,320,615
City of Eden Prairie
Council Check Register by GL
4/5/2022
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290134 346,661 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee April 2022
8750 274,394 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 03.11.22
8747 268,555 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 02.25.22
290287 258,336 MICHELS CORPORATION Improvement Contracts Water Capital Regional Ctr Rd. Watermain Rehab
8748 195,281 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 02.25.22
290307 193,093 TYLER TECHNOLOGIES INC Software Maintenance IT Operating New World Annual Maint. 2022
8745 98,421 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture
1030363 52,328 LOGIS Network Support IT Operating
290434 51,695 HYDROCORP Improvement Contracts Water Capital
290137 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
1030359 45,727 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Economic Development Fund
8751 38,464 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
1030306 36,269 CENTERPOINT ENERGY Gas General Community Center
8754 34,587 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Fire Relief Pension Payment Fire
290253 32,890 BLUE WATER SCIENCE OCS - Studies Stormwater Non-Capital
8752 30,231 EMPOWER Deferred Compensation Health and Benefits
290079 30,026 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost
1030365 25,524 METROPOLITAN MECHANICAL CONTRACTORS Building Repair & Maint.Arts Center
290486 23,990 WATCHGUARD VIDEO Hardware - R&M IT Capital
290279 23,004 KRAEMER NORTH AMERICA LLC Improvement Contracts Duck Lake Rd. Reconstruction
290354 21,856 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
290047 19,820 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
290165 19,099 TIGER PLUMBING HEATING AND AIR Other Contracted Services Rehab
290485 18,790 WASHINGTON COUNTY Equipment Repair & Maint Public Safety Communications
290404 18,120 CH ROBINSON COMPANY Deposits General Fund
290284 17,448 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
8738 17,069 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
290149 16,051 PREFERRED COMMUNICATIONS Capital Under $25,000 Inspections-Administration
290378 16,045 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
290212 16,035 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
290426 15,940 HEALTH STRATEGIES Health & Fitness Fire
1030374 15,740 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund
8763 15,706 FURTHER - AKA SELECT HSA - Employer Health and Benefits
8743 14,781 FURTHER - AKA SELECT HSA - Employer Health and Benefits
290309 14,230 VERIZON WIRELESS Cell/Pager Plans IT Operating
290345 14,210 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
290121 12,656 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
8767 12,618 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
8768 12,615 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
290132 12,565 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
290041 12,276 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
290328 11,970 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
290156 11,791 SEECLICKFIX INC Software Maintenance IT Operating
290088 11,412 BOLTON & MENK INC Design & Engineering 2020 Improvement Projects
290222 11,021 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1030315 10,609 NOVOTX LLC Software Maintenance IT Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290423 10,553 GRAYMONT Treatment Chemicals Water Treatment
290055 10,533 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1030288 10,481 AVI SYSTEMS INC Other Contracted Services Cable PEG
290490 10,307 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
290205 10,253 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
290416 10,144 EHLERS & ASSOCIATES INC Deposits Economic Development Fund
290069 9,876 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
290237 9,431 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
290344 9,413 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
290049 9,312 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
290027 9,292 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
290469 9,044 RAY N WELTER HEATING Accounts Receivable TIF-Eden Shores Senior Housing
290372 8,899 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
8736 8,416 CARD CONNECT Bank and Service Charges Community Center Admin
1030356 8,140 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
290244 8,131 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
290046 7,984 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
290053 7,533 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1030270 7,495 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Operating Supplies Capital Outlay Parks
290488 7,443 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
1030330 7,300 AMERICAN ENGINEERING TESTING INC Equipment Repair & Maint Water Capital
290040 7,107 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
290039 6,808 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
290211 6,621 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
8755 6,620 FURTHER - AKA SELECT HRA Health and Benefits
8753 6,271 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission
290283 6,188 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
290034 6,143 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
290299 6,066 SSI KEF SLB LLC Electric Water Treatment
290185 5,940 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
290195 5,935 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1030300 5,933 VAN PAPER COMPANY Cleaning Supplies General Community Center
8735 5,857 CHASE Bank and Service Charges Wastewater Accounting
290106 5,839 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
290249 5,800 ACME TUCKPOINTING & RESTORATION Other Contracted Services Rehab
290075 5,673 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
290109 5,500 EQUIPMENT COATING INC Equipment Repair & Maint Fleet Operating
1030360 5,044 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
290280 4,994 KRIS ENGINEERING INC Equipment Parts Fleet Operating
290371 4,973 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
290176 4,970 POSTMASTER Printing Elections
290135 4,920 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
290062 4,845 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
290451 4,752 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
290029 4,718 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
290331 4,679 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
290467 4,669 PRESS SEAL CORPORATION Repair & Maint. Supplies Wasterwater Collection
290431 4,605 HLS OUTDOOR Chemicals Park Maintenance
8734 4,602 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
290147 4,523 POSTMASTER Advertising Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290236 4,467 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
290441 4,432 KORTERRA, INC Software Utility Operations - General
290113 4,371 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
290353 4,331 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
290464 4,238 PFM ASSET MANAGEMENT LLC Interest Investment Fund
290489 4,210 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
290073 4,103 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
290173 4,100 WAYNES HOME SERVICES Window Washing General Community Center
290178 4,074 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
290362 4,071 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
290126 4,030 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
290262 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
290206 3,944 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
290293 3,836 PFM ASSET MANAGEMENT LLC Interest Investment Fund
290295 3,829 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal Fire Station #4
290230 3,797 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
290384 3,774 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
290320 3,725 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
290430 3,721 HINTERLAND CSG LLC Electric Facilities Operating ISF
290174 3,661 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility
290139 3,635 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
290327 3,632 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
1030318 3,612 STREICHERS Capital Under $25,000 Volunteers
290122 3,573 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
290020 3,479 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
290071 3,421 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
290108 3,412 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police
290471 3,404 SAFEASSURE CONSULTANTS INC Conference/Training Facilities Staff
290321 3,318 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
290112 3,246 HAASKEN NATHAN Deposits Stormwater Non-Capital
290359 3,215 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
290032 3,194 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
290127 3,143 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance 494 Corridor Commission
290068 3,117 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
290302 3,055 SUBURBAN RATE AUTHORITY Dues & Subscriptions City Council
290341 3,040 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
290474 3,039 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
290435 3,038 INDIGITAL INC Other Contracted Services IT Capital
290184 3,022 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
290478 3,020 SYMBOLARTS Operating Supplies Police Sworn
290466 3,004 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM
290275 2,921 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
290061 2,883 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
290219 2,863 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
290312 2,860 WAYNES HOME SERVICES Contract Svcs - General Bldg City Center - CAM
290422 2,858 GRAY MANUFACTURING COMPANY INC Small Tools Fleet Operating
290377 2,852 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
290123 2,827 KING WENDY Other Contracted Services Rehab
290265 2,818 EDINA/EDEN PRAIRIE EXPLORERS Miscellaneous Volunteers
1030350 2,799 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290085 2,778 BADGER METER Telephone Water Metering
290358 2,775 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
290480 2,764 TARGETSOLUTIONS LEARNING, LLC Software Maintenance IT Operating
290308 2,762 VAGHELA ALPESH Current SA Water Enterprise Fund
1030321 2,745 WALL TRENDS INC Contract Svcs - General Bldg City Hall (City Cost)
290305 2,712 TEMPUS EDEN PRAIRIE Reimburse-legal notices General Fund
290264 2,672 EARL F ANDERSEN INC Signs Duck Lake Rd. Reconstruction
290089 2,669 BOUND TREE MEDICAL LLC EMS Supplies Fire
290346 2,663 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
8744 2,659 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
8760 2,551 FURTHER - AKA SELECT FSA - Medical Health and Benefits
1030290 2,526 CLAREY'S SAFETY EQUIPMENT EMS Supplies City Hall (City Cost)
290092 2,449 CENTURYLINK Telephone City Center - CAM
290322 2,344 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
290317 2,334 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
290026 2,317 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
290087 2,285 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
290231 2,282 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
290472 2,250 SCOTT NELSON COACHING INC Training Fire
8741 2,232 INVOICE CLOUD INC Bank and Service Charges Historical Culture
290242 2,231 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
290396 2,192 ASPEN MILLS Postage Police Sworn
290276 2,178 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Riley House
290210 2,160 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
290382 2,142 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
290285 2,137 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
290180 2,135 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
290410 2,124 COREMARK METALS Operating Supplies Fleet Operating
290456 2,064 MOBOTREX INC Equipment Repair & Maint Traffic Signals
290481 2,063 TIGER PLUMBING HEATING AND AIR Other Contracted Services Rehab
1030358 2,052 GRAINGER Repair & Maint. Supplies Fire Station #2
290234 2,039 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
290225 2,034 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
290116 2,000 HENNEPIN COUNTY MEDICAL CENTER Training Fire
290292 2,000 PERFORMING INSTITUTE OF MINNESOTA Building Rental Winter Theatre
290125 1,980 KRIS ENGINEERING INC Equipment Parts Fleet Operating
1030308 1,943 GENUINE PARTS COMPANY Cleaning Supplies Fleet Operating
290083 1,935 ARVIG ENTERPRISES INC Fiber Lease Payments IT Operating
290334 1,935 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
290058 1,916 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
290455 1,905 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals
1030302 1,874 ANCHOR PAPER COMPANY Office Supplies Customer Service
290291 1,838 PERA Wages and Benefits 494 Corridor Commission
290463 1,838 PERA Wages and Benefits 494 Corridor Commission
290163 1,834 THE GOODYEAR TIRE & RUBBER CO Tires Fleet Operating
290232 1,804 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
290369 1,795 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
290392 1,786 ALTEC INDUSTRIES INC Equipment Parts Snow & Ice Control
290019 1,777 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1030294 1,758 HACH COMPANY Laboratory Chemicals Water Treatment
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290207 1,748 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
290158 1,742 SIWEK LUMBER & MILLWORK INC Equipment Parts Fleet Operating
1030281 1,742 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1030301 1,720 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Water Capital
290356 1,706 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1030368 1,692 PRAIRIE ELECTRIC COMPANY Other Contracted Services City Center - CAM
290449 1,675 MARTIN-MCALLISTER Employment Support Test Organizational Services
1030334 1,672 CUSTOM HOSE TECH Operating Supplies Fleet Operating
290270 1,640 FIRE SAFETY USA INC Equipment Parts Fleet Operating
290037 1,639 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
290183 1,636 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
290383 1,601 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
290179 1,537 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
290093 1,535 CENTURYLINK Telephone Water Distribution
1030379 1,454 WM MUELLER AND SONS INC Repair & Maint. Supplies Wasterwater Collection
290425 1,440 GROTH MUSIC Capital Under $25,000 Community Band
290448 1,422 MARS SUPPLY Operating Supplies Fleet Operating
1030295 1,401 JOHNSTON, ROB Tuition Reimbursement/School Organizational Services
1030340 1,399 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost)
290419 1,390 FBI - LEEDA Tuition Reimbursement/School Police Sworn
290373 1,385 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
290314 1,382 YORKTOWN OFFICES Rent 494 Corridor Commission
290168 1,350 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
290330 1,316 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
290465 1,314 PREFERRED COMMUNICATIONS Computer -Accessories IT Operating
290274 1,306 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
290294 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
290080 1,288 AIRGAS USA LLC Supplies - Pool Pool Maintenance
290150 1,279 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM
290351 1,272 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
290380 1,268 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
290250 1,250 ALLIED MEDICAL TRAINING Training Fire
290391 1,243 AIRGAS USA LLC Supplies - Pool Fire
290164 1,237 THE PROP SHOP Other Contracted Services Rehab
290399 1,234 BARNUM GATE SERVICES INC Equipment Repair & Maint Water Treatment
290298 1,220 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
290247 1,201 WINEBOW Liquor Product Received Prairie View Liquor Store
290191 1,184 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
290444 1,177 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
290181 1,158 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
8746 1,155 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
8765 1,153 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
290091 1,144 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Center - CAM
290332 1,136 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
290387 1,120 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1030352 1,106 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
1030280 1,101 VINOCOPIA Liquor Product Received Den Road Liquor Store
290124 1,096 KLEIN UNDERGROUND LLC Equipment Repair & Maint Water Distribution
290130 1,083 MARCO INC Hardware - R&M IT Operating
290325 1,082 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8733 1,082 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
290252 1,050 AT YOUTH PROGRAMS LLC Instructor Service Lesson Skills Development
290172 1,036 WASECA TECH SERVICES Equipment Repair & Maint Public Safety Communications
290398 1,032 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair & Maint Fleet Operating
290063 1,027 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
290101 1,019 COREMARK METALS Equipment Parts Fleet Operating
290141 980 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development
290021 977 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1030268 974 PRAIRIE ELECTRIC COMPANY Building Repair & Maint.Maintenance Facility
290111 960 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
290059 956 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
290269 950 FERRENTINO, CANDYCE Building Repair & Maint.Utility Operations - General
1030278 947 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
290418 925 EQUIPMENT COATING INC Equipment Repair & Maint Fleet Operating
290072 923 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
290296 920 SAFEASSURE CONSULTANTS INC Other Contracted Services Utility Operations - General
290155 909 SCHMIDT CRAIG Deposits Stormwater Non-Capital
290233 906 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
290239 894 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
1030285 888 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
290459 882 MVP CRICKET LLC Instructor Service Lesson Skills Development
1030320 872 VISTAR CORPORATION Merchandise for Resale Concessions
290086 850 BAKER TILLY MUNICIPAL ADVISORS, LLC Other Contracted Services 2014A G.O. TAX ABATEMENT BONDS
1030357 847 GINA MARIAS INC Operating Supplies - Food Volunteers
290167 840 TURNER PSYCHOTHERAPY Other Contracted Services Police Sworn
1030310 837 H M CRAGG CO Contract Svcs - Electrical Maintenance Facility
1030314 832 METRO SALES INCORPORATED*Equipment Rentals IT Operating
290162 813 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
290044 812 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1030282 808 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
290217 804 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1030305 790 CDW GOVERNMENT INC.Computers IT Operating
1030323 784 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
290177 784 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1030342 778 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
290303 776 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1030277 771 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
290439 756 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
8737 751 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
290442 717 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Police (City Cost)
290436 711 INDIGO SIGNWORKS, INC.Repair & Maint. Supplies Fire Station #1
290077 704 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
290337 700 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1030354 691 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
290424 681 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
290375 674 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
290031 671 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
290213 666 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
8759 650 FURTHER - AKA SELECT HRA Health and Benefits
290412 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8749 648 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
290051 643 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
290403 622 CENTURYLINK Telephone E-911 Program
290131 616 MEDICINE LAKE TOURS Special Event Fees Trips
290432 614 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Pool Maintenance
290129 608 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
290024 607 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1030284 603 VINOCOPIA Liquor Product Received Prairie View Liquor Store
290271 600 GLUTH HEIDI League Fees Volleyball
290470 600 REACH Licenses, Taxes, Fees Ice Operations
290042 597 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
290468 595 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
8742 595 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
290475 588 STAPLES ADVANTAGE Office Supplies Customer Service
290160 588 STAPLES ADVANTAGE Office Supplies City Hall (City Cost)
290081 588 AQUA LOGIC INC Contract Svcs - Pool Pool Maintenance
290437 587 INSTY-PRINTS Printing Fire
290151 586 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits
290221 582 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
290118 573 HIGHWAY 5 BP Equipment Repair & Maint Fleet Operating
290367 565 WINEBOW Liquor Product Received Den Road Liquor Store
1030275 561 XCEL ENERGY Electric Street Lighting
290115 560 HENNEPIN COUNTY CHIEFS OF POLICE Tuition Reimbursement/School Police Sworn
1030309 548 GRAINGER Repair & Maint. Supplies Police (City Cost)
290198 547 VINIFERA IMPORTS LTD Liquor Product Received Prairie Village Liquor Store
290420 546 FREEZIAC Merchandise for Resale Concessions
290281 542 LAKE COUNTRY DOOR LLC Equipment Repair & Maint Maintenance Facility
1030329 537 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1030372 527 SHI CORP Software Maintenance IT Operating
290202 527 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
290043 524 DOMACE VINO Liquor Product Received Den Road Liquor Store
290214 522 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
290440 520 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn
290390 514 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating
290278 510 JOHNSON SARA Developer Fees General Fund
290066 509 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1030303 507 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
1030299 502 SWANSON MOLLY Conference/Training Engineering
290272 501 GOLDEN VALLEY SUPPLY CO Supplies - General Bldg Senior Center
290286 494 MHSRC/DDP Licenses, Taxes, Fees Senior Center Programs
290428 493 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications
290349 482 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
290218 472 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
290216 470 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
290241 468 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1030279 466 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1030347 464 VAN PAPER COMPANY Cleaning Supplies General Community Center
290187 462 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
290290 462 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Outdoor Center Facilities
1030366 458 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030371 456 SHERWIN WILLIAMS Repair & Maint. Supplies Water Treatment
1030369 446 PREMIUM WATERS INC Operating Supplies - Water Fire
290142 444 NOW MICRO INC Software IT Capital
1030353 444 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
290107 440 EDEN PRAIRIE CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission
290017 440 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
290064 440 DOMACE VINO Liquor Product Received Prairie View Liquor Store
1030324 436 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
290297 435 SCOTT COUNTY TREASURER Other Rentals Police Sworn
290415 428 EDINA CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission
290226 421 WINEBOW Liquor Product Received Den Road Liquor Store
290065 418 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
290023 417 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
290114 415 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Equipment Repair & Maint Public Safety Communications
290228 410 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1030317 410 REINDERS INC Chemicals Park Maintenance
290446 402 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
1030326 401 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1030312 400 IDEAL SERVICE INC Equipment Repair & Maint Water Treatment
290136 399 MHSRC/DDP Other Contracted Services Senior Center Programs
1030336 396 FASTENAL COMPANY Safety Supplies Fleet Operating
290208 389 DOMACE VINO Liquor Product Received Den Road Liquor Store
1030298 389 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
290052 387 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
290347 384 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
290128 383 MACQUEEN EQUIPMENT INC Protective Clothing Fire
290215 381 MEGA BEER Liquor Product Received Den Road Liquor Store
290161 380 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1030341 372 METROPOLITAN FORD Equipment Parts Fleet Operating
290479 371 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1030325 371 VINOCOPIA Liquor Product Received Den Road Liquor Store
290400 366 BCA - MNJIS Employment Support Test Fire
290366 363 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1030367 363 MTI DISTRIBUTING INC Equipment Repair & Maint Fleet Operating
1030364 361 MENARDS Equipment Parts Snow & Ice Control
290246 355 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
290133 347 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating
290036 343 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
290268 335 FASTSIGNS Operating Supplies Police Sworn
290220 333 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
290153 330 RAMAKRISHNAN LAKSHMI Instructor Service Arts Center
290323 329 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
290100 320 COMPAS Instructor Service Outreach
290482 319 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
1030380 317 XCEL ENERGY Electric Wastewater Lift Station
290388 311 A TO Z RENTAL CENTER Repair & Maint. Supplies Park Maintenance
290301 310 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
1030355 308 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
290450 300 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating
290460 300 NATIVE RESOURCE PRESERVATION Other Contracted Services Stormwater Non-Capital
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290204 298 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
290229 298 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
290090 294 BRO-TEX INC Operating Supplies Fleet Operating
290462 291 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1030362 288 KUSTOM SIGNALS INC Equipment Repair & Maint Police Sworn
290159 288 ST CROIX LINEN LLC Operating Supplies-Linens Fire
290300 288 ST CROIX LINEN LLC Operating Supplies-Linens Fire
290186 287 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
290238 287 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
290078 286 A TO Z RENTAL CENTER Repair & Maint. Supplies Wasterwater Collection
1030271 281 STREICHERS Clothing & Uniforms Police Sworn
290028 278 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
290355 276 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
290447 271 MARCO INC Operating Supplies IT Operating
290277 268 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Fleet Operating
290338 266 WINEBOW Liquor Product Received Prairie Village Liquor Store
290200 257 WINEBOW Liquor Product Received Prairie Village Liquor Store
8761 255 US BANK - PAYMODE Bank and Service Charges Finance
290169 254 UNITED STATES POSTAL SERVICE Postage Senior Center Admin
290350 252 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
8757 247 VANCO SERVICES Bank and Service Charges Wastewater Accounting
290105 247 DIRECTV Cable TV Community Center Admin
290171 242 VERIZON WIRELESS Other Contracted Services Park Maintenance
290166 242 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
290251 239 ARAMARK Janitor Service Den Road Liquor Store
1030276 236 GETSCHOW, RICK Bad Debt Administration
1030344 235 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
290483 233 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
290189 233 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
290240 232 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
290033 230 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
290335 229 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
290411 229 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating
290364 225 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
290461 222 NOW MICRO INC Computer -Accessories IT Operating
290203 220 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
290343 220 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
290190 217 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
290259 217 CROSS ROB Travel Expense Fire
290170 208 UTILITY LOGIC LLC Repair & Maint. Supplies Water Distribution
290248 208 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
290484 207 TRUSTEES OF THE HAMLINE UNIVERSITY OF MN Other Contracted Services Stormwater Non-Capital
290022 207 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
290197 205 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
1030269 203 SPRINT Cell Phones 494 Corridor Commission
1030313 201 MENARDS Repair & Maint. Supplies Traffic Signs
290267 200 EPAM ROTARY FOUNDATION Other Contracted Services Sustainable Eden Prairie
290457 200 MPPOA Dues & Subscriptions Police Sworn
290361 199 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
1030286 198 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290209 194 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
290417 193 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Machinery & Equipment Fleet Operating
290427 190 HEISER MICHAEL Clothing & Uniforms Volunteers
290096 190 COMCAST Internet IT Operating
290084 189 ASPEN MILLS Clothing & Uniforms Fire
290374 189 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
1030349 189 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund
8756 188 OPTUM HEALTH Other Contracted Services Health and Benefits
290402 187 CATALYST GRAPHICS INC Printing Fire
290188 187 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
290365 187 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1030333 187 CARLSTON, BRANDON Canine Supplies Police Sworn
290333 186 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
290258 185 CONTINENTAL SAFETY EQUIPMENT Repair & Maint - Ice Rink Ice Arena Maintenance
290243 185 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store
290313 183 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3
1030376 183 STREICHERS Clothing & Uniforms Fire
1030361 182 JANEX INC Cleaning Supplies Utility Operations - General
290357 181 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
290414 180 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Administration
290227 179 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
290433 179 HOSE PROS, INC Operating Supplies Street Maintenance
290394 178 APRES Other Rentals Winter Theatre
290193 177 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
1030375 173 STERICYCLE INC Other Contracted Services Police Sworn
290192 173 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
290381 172 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
290018 172 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
290038 172 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
290060 172 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1030328 172 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1030338 171 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
290224 171 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store
290386 171 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
290319 171 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
290438 170 J H LARSON COMPANY Supplies - Electrical Maintenance Facility
1030272 168 TOWMASTER INC Equipment Parts Fleet Operating
1030307 164 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
290376 163 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
290245 162 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
290318 162 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
290342 162 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
290370 162 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
290199 162 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
290397 160 ASSURED SECURITY Supplies - Fire/Life/Safety City Hall (City Cost)
290304 159 TALKPOINT TECHNOLOGIES INC Machinery & Equipment Public Safety Communications
290352 159 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
1030339 157 HACH COMPANY Laboratory Chemicals Water Treatment
290326 155 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
1030316 153 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Police (City Cost)
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030378 150 USA SECURITY Maintenance Contracts Water Treatment
290054 147 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
290045 142 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
290235 142 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
290048 139 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
290395 139 ARAMARK Janitor Service Prairie Village Liquor Store
290408 139 COMCAST Cable TV Fire
290329 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
290379 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
290385 138 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
290348 137 DOMACE VINO Liquor Product Received Den Road Liquor Store
290289 135 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Street Maintenance
290067 134 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
290095 132 COMCAST Phone/Data/Web 494 Corridor Commission
290070 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
290050 128 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
290194 127 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store
290030 126 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
290324 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
290443 125 LAWSON PRODUCTS INC Operating Supplies Fleet Operating
290263 125 DROEN HEATHER Tuition Reimbursement/School Fitness Classes
290360 124 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
290102 122 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating
290453 120 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire
290138 118 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1030273 118 UPS Postage Den Road Liquor Store
290056 117 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
290256 117 CINTAS Operating Supplies Park Maintenance
290120 116 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Police (City Cost)
1030292 115 FLEETPRIDE INC Equipment Parts Fleet Operating
290458 110 MRPA Conference/Training Parks Administration
1030291 108 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Stormwater Collection
290076 108 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
290223 108 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
290336 108 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
290145 108 PAPCO INC Supplies - General Bldg General Community Center
290035 105 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
290099 103 COMCAST Cable TV Fire
1030287 101 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1030343 100 MPX GROUP, THE Printing Police Sworn
1030289 100 CARLSTON, BRANDON Clothing & Uniforms Police Sworn
1030335 100 EICHMAN NATHAN Canine Supplies Police Sworn
1030311 98 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Ice Arena Maintenance
1030322 97 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1030331 97 BERRY COFFEE COMPANY Merchandise for Resale Concessions
290266 97 ENGELEN KELSEY Travel Expense City Clerk
290473 95 SHRED RIGHT Waste Disposal Fire Station #1
290057 95 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
290097 93 COMCAST Internet IT Operating
290117 93 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290196 93 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
290025 92 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
290282 92 LANO EQUIPMENT INC Equipment Parts Fleet Operating
290363 92 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store
290182 90 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie Village Liquor Store
290487 89 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3
290406 86 COMCAST Cable TV Fire
290074 85 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
290140 84 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
290454 84 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1030327 82 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
290310 80 VERIZON WIRELESS - VSAT Other Contracted Services Police Sworn
290445 80 MACIA Dues & Subscriptions Police Sworn
1030267 78 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
290315 78 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
290339 78 56 BREWING LLC Liquor Product Received Den Road Liquor Store
290368 78 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
8740 76 PAYA Bank and Service Charges Arts
290143 75 OCONNOR PRUDENCE AR Utility Water Enterprise Fund
290401 75 BCA/CRIMINAL JUSTICE TRAINING & EDUCATIO Tuition Reimbursement/School Police Sworn
290452 75 MINNESOTA DEPARTMENT OF AGRICULTURE Licenses, Taxes, Fees Tree Disease
1030351 74 ANCHOR PAPER COMPANY Office Supplies Customer Service
1030370 74 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC Garden Room Repairs
290146 74 PIETROWSKI LORI P&R Refunds Community Center Admin
8758 72 MONEY MOVERS INC Other Contracted Services Community Center Admin
290421 71 GORRILLA KIRA Deposits General Fund
290119 69 HOLCOMB, AUDREY Mileage & Parking Skating Rinks/Warming Houses
8762 68 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
8764 68 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
290407 67 COMCAST Cable TV Fire
290152 66 PUMP AND METER SERVICE Operating Supplies Park Maintenance
1030348 65 WAYTEK INC Equipment Parts Fleet Operating
290082 61 ARAMARK Janitor Service Prairie Village Liquor Store
290201 60 56 BREWING LLC Liquor Product Received Den Road Liquor Store
290393 60 AMERICAN PRESSURE INC Repair & Maint. Supplies Water Treatment
290098 55 COMCAST Cable TV Fire
290273 55 GRECO Deposits General Fund
290316 54 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store
290340 54 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
290306 53 TINGLEY NICOLE Travel Expense City Clerk
1030304 51 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
290409 50 COMCAST Internet IT Operating
290311 50 WASHINGTON COUNTY COURT ADMIN Deposits General Fund
1030283 50 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1030293 50 GORDHAMER SCOTT Clothing & Uniforms Police Sworn
1030373 42 SPRINT Cell/Pager Plans IT Operating
290094 40 CINTAS Clothing & Uniforms Fleet Operating
290255 40 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
290389 40 ABLE DELUXE TECHNOLOGIES Dues & Subscriptions Senior Center Admin
290405 40 CINTAS Clothing & Uniforms Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030296 40 MCCALLEY, JAMIE Tuition Reimbursement/School Fitness Classes
1030274 36 W W GOETSCH ASSOCIATES INC Repair & Maint. Supplies Water Treatment
1030332 31 BOHNSACK, SUE Mileage & Parking Senior Center Admin
290476 30 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
1030297 29 OLSEN CHAIN & CABLE Equipment Repair & Maint Park Maintenance
1030337 25 GOERGEN, MARIE Tuition Reimbursement/School Fitness Classes
290103 24 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers
1030346 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
290144 21 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
290148 21 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
1030345 20 SPOK, INC.Cell/Pager Plans IT Operating
290154 18 SAMBATEK INC Deposits Stormwater Non-Capital
290157 17 SHRED RIGHT Waste Disposal General Community Center
290260 16 CUB FOODS EDEN PRAIRIE Training Supplies Police Sworn
1030319 16 UPS Postage Customer Service
1030377 16 UPS Postage Customer Service
290477 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
8739 13 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
290104 10 CULLIGAN Corridor Comm. Misc 494 Corridor Commission
290110 10 GOERGEN KATHERINE Deposits General Fund
290288 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
290257 4 COMCAST Other Contracted Services Police Sworn
8766 3 SQUARE Bank and Service Charges Prairie Village Liquor Store
290261 2 DALCO Equipment Parts Fleet Operating
3,320,615 Grand Total
CITY COUNCIL AGENDA
SECTION: Reports of Council Members
DATE: April 5, 2022 DEPARTMENT
Office of the City Manager
ITEM DESCRIPTION:
Resolution Supporting the “Wyland Mayor’s Challenge for Water Conservation”
ITEM NO.: XIV.A.1.
Requested Action
Move to: Adopt the resolution supporting the Wyland Mayor’s Challenge for Water Conservation.
Synopsis
The attached resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor’s Challenge for Water Conservation from April 1 to April 30, 2022.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-__ RESOLUTION SUPPORTING THE
“WYLAND MAYOR’S CHALLENGE FOR WATER CONSERVATION”
WHEREAS, the City of Eden Prairie continues to explore ways to manage residential consumption of water and power, and to inspire its residents to care for our natural resources; and
WHEREAS, the City of Eden Prairie can engage in efforts to inspire its residents to become better environmental stewards; and WHEREAS, the 11th annual National Mayor’s Challenge for Water Conservation
presented by the Wyland Foundation, is a non-profit challenge to residents to encourage pollution reduction and smart water use; and WHEREAS, with the encouragement of their Mayors, residents may register
participation in their city's Challenge online by making simple pledges to decrease their water
use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and WHEREAS, for the month of April 2022 the City of Eden Prairie wishes to encourage
its residents to take the “Wyland Mayor’s Challenge for Water Conservation” by making a series
of online pledges at MyWaterPledge.com to reduce their impact on the environment and to see immediate savings in their water, trash and energy bills. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden
Prairie:
I. The City of Eden Prairie agrees with and supports the “Wyland Mayor's Challenge for Water Conservation.” II. The program is to be implemented from April 1–30, 2022, through a series of
communication and outreach strategies to encourage Eden Prairie residents to take
the conservation “Challenge.” ADOPTED by the Eden Prairie City Council on this 5th day of April 2022.
____________________________ Ronald A. Case, Mayor ATTEST:
______________________________ Nicole Tingley, City Clerk