HomeMy WebLinkAboutCity Council - 07/11/2023
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JULY 11, 2023 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) I. 2024-2025 BUDGET
II. THC UPDATE
Open Podium - Council Chamber (6:30) III. OPEN PODIUM
a. JOHN MALLO, SENIOR CENTER BUS SAFETY
IV. ADJOURNMENT
Winter 2022: Completion of 2023-2024 Citywide Work Plans
February 4: Annual City Council Goal Session
May 2: Council Workshop Review of 2022 Financial Results and
Discussion of Financial Policies
May 16: Quality of Life Survey Results Review
April-June: Preparation of 2024-2025 Budget
July 11: Council Workshop to Present Budget Information
Provide Value to Citizens
Maintain High Quality City Services
Reasonable Tax Impacts
Maintain Strong Financial Position and Bond Rating
Balanced Budget
Maintain Fund Balance Policies
Conservative Estimates of Revenues and Expenditures
Review fees and charges annually—at a minimum adjust for
inflation
Comprehensive and Long-Range Capital Planning
Sustain Current Levels of Employee Morale and
Engagement
Provide engaging onboarding programs for new hires
Provide diverse, enriched training, professional development and
wellness initiatives to build the skills of future leaders
Implement recruitment and retention strategies with a diversity and
inclusion focus
Provide salary changes that are competitive and consistent with
public and private sector trends
Administration
Three Elections in 2024: Presidential
Primary, State Primary and General
Election
Fire
Evaluate Duty Crew staffing
Fire truck/vehicle purchases
Police
Police remodel
Recruitment initiatives
Parks and Recreation
Trails Extensions and Trail Maintenance
Open New Round Lake Building
Public Works
Continued Infrastructure Investments
Sustainability Initiatives
Community Development
Implement Race Equity Plan
Housing Programs and Policies
Sustainability
Climate Action Plan
Sustainable Building Policy
City Solar
LED lights
Organics
Multifamily Recycling Inspection Program
EV Charging
Pollinators/”Keep the Prairie in Eden Prairie”
Fleet Electrification
Emerald Ash Borer Program
Enhance Sense of Community & Community Identity
Refine and Expand City Events:
PeopleFest
Hometown Celebration: July 3-4
Citywide Open House (add Sensory-Friendly)
Harvest to Halloween
Arts in the Park
Promoting and enhancing historic properties
Provide ways to engage with City Government:
City Government Academy
City Council Town Hall Meetings
Engage with Non-profit community
Engagement through technology: Online Engagement Platform, Social
Media, City Manager Podcast, City Website, Email/Text Subscriptions,
EP See Click Fix
2023 2024 Percent 2025 Percent
Revenue Adopted Proposed Difference Change Proposed Difference Change
Taxes 41,142,158$ 43,367,485$ 2,225,327$ 5.4% 45,491,022$ 2,123,537$ 4.9%
Licenses and Permits 4,068,700 4,166,300 97,600 2.4% 4,159,300 (7,000) (0.2%)
Intergovernmental Revenue 1,401,300 1,868,175 466,875 33.3% 1,885,585 17,410 0.9%
Charges for Services 5,571,287 5,835,080 263,793 4.7% 5,968,478 133,398 2.3%
Fines and Forfeits 367,000 350,000 (17,000) (4.6%) 350,000 - 0.0%
Transfers 463,662 472,100 8,438 1.8% 474,272 2,172 0.5%
Other Revenue 328,300 198,975 (129,325) (39.4%) 206,725 7,750 3.9%
53,342,407 56,258,115 2,915,708 5.5% 58,535,382 2,277,267 4.0%
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
Building Permits & Fees Budget vs Actual
Full Year
Budget
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
Cable TV Revenue
2023 2024 Percent 2025 Percent
Expenses Adopted Proposed Difference Change Proposed Difference Change
Administration 4,963,366$ 5,431,790$ 468,424$ 9.4% 5,206,044$ (225,746)$ (4.2%)
Community Development 2,681,120 2,703,996 22,876 0.9% 2,829,748 125,752 4.7%
Police 18,162,956 19,676,665 1,513,709 8.3% 20,702,936 1,026,271 5.2%
Fire 6,985,897 7,507,736 521,839 7.5% 7,705,863 198,127 2.6%
Public Works 7,001,848 6,987,843 (14,005) (0.2%) 7,212,581 224,738 3.2%
Parks and Recreation 14,627,220 15,537,872 910,652 6.2% 16,122,953 585,081 3.8%
Transfers 20,000 - (20,000) (100.0%)- - 0.0%
54,442,407 57,845,902 3,403,495 6.3% 59,780,125 1,934,223 3.3%
Revenues Less Expenses (1,100,000)$ (1,587,787)$ (487,787)$ 44.3% (1,244,743)$ 343,044$ (21.6%)
Includes funding for 3.0% base wage increase for employees
in 2024 and 2025. Total wage increase is 3.7% in 2024.
Health Insurance
2024 –9% cap
2025 –9% cap
Dental Insurance – self-funded starting in 2023
2024 –5% increase
2025 –5% increase
Workers Compensation Insurance Increasing
Gas/Electric Costs Increasing
2023 2024 Percent 2025 Percent
Fund Adopted Proposed Difference Change Proposed Difference Change
General Fund 41,956,284$ 44,221,923$ 2,265,639$ 5.4% 46,388,798$ 2,166,874$ 4.9%
Capital I mprovement Fund 400,000 400,000 - 0.0% 400,000 - 0.0%
Debt Levy 2,553,000 2,553,000 - 0.0% 2,553,000 - 0.0%
Sub-total 44,909,284 47,174,923 2,265,639 5.0% 49,341,798 2,166,874 4.6%
Less Fiscal Disparity Distribution (2,477,021) (2,477,021) - 0.0% (2,477,021) - 0.0%
Total Levy 42,432,263$ 44,697,902$ 2,265,639$ 5.3% 46,864,777$ 2,166,874$ 4.8%
2023 2024 Percent 2025 Percent
Fund Adopted Proposed Difference Change Proposed Difference Change
General Fund $54,442,407 $57,845,902 $3,403,495 6.3%$59,780,125 $1,934,223 3.3%
Debt 2,553,000 2,553,000 - 0.0% 2,553,000 - 0.0%
Capital Levy 400,000 400,000 - 0.0% 400,000 - 0.0%
Total City Budget $57,395,407 $60,798,902 $3,403,495 5.9%$62,733,125 $1,934,223 3.2%
2020 2021 2022 2023 2024
Market Value $11.1 Billion $11.4 Billion $11.7 Billion $13.5 Billion $14.3 Billion
Adjusted Net Tax Capacity $116,554,959 $120,595,985 $122,841,504 $143,680,523 $153,880,067
City Tax Rate 31.51%31.43%32.32%28.90%28.46%
2023 2024 Percent 2025 Percent
Debt Levy Adopted Proposed Difference Change Proposed Difference Change
Debt Levy on Tax Capacity
2021 Refunded Tax Abatement 1,368,000$ 1,298,000$ (70,000)$ (5.1%) 1,110,000$ (188,000)$ (14.5%)
2020A Refunding Bonds (SouthWest Fire Station)280,000 350,000 70,000 25.0% 340,000 (10,000) (2.9%)
2024 New Debt-ESTIMATE - - - 0.0% 383,000 383,000 0.0%
Sub-total 1,648,000 1,648,000 - 0.0% 1,833,000 185,000 11.2%
Debt Levy on M arket Value
2020A Refunding Bonds (Parks Referendum)905,000 905,000 - 0.0% 720,000 (185,000) (20.4%)
Sub-total 905,000 905,000 - 0.0% 720,000 (185,000) (20.4%)
Total 2,553,000$ 2,553,000$ -$ 0.0% 2,553,000$ -$ 0.0%
Source –League of MN Cities
Final 2023 Tax Levy
Eden Prairie 4.50%
Maple Grove 4.90%
Eagan 6.00%
Woodbury 6.50%
Blaine 6.50%
Plymouth 6.52%
Minnetonka 6.74%
Saint Louis Park 6.83%
Apple Valley 7.40%
Bloomington 9.15%
Brooklyn Park 9.70%
Edina 9.89%
Lakeville 11.75%
Burnsville 12.90%
Average 7.81%
-20.0%
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
Comparable Cities Levy % Increase 2006-2021
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
September 5 —Council adopts 2024 preliminary tax levy and
budget
November 14 —Further budget discussion and review
including Enterprise and Utility Operations
December 5 —Public Meeting and adoption of final budget
and tax levy
Miller Park Indoor Court Facility
CITY COUNCIL WORKSHOP
JULY 11, 2023
Current Conditions / Planning Efforts
2 Tennis / 1 Basketball, a Remnant
Plaza, Lots of Parking
Concept Estimate
Additional Cost Exploration
The Latest Cost Estimate
Proposed Indoor Facility
Staring Lake Park –Court Example
Outdoor vs. Indoor
OUTDOOR
$1.8 -$2m (Cash Park Fees)
Benefits:Less expensive, helps address court demands
Challenges:Seasonal use, decreased lifespan of courts, no use on rainy or windy days, sun and heat issues
INDOOR
$13m (Cash Park Fees = $6.5m) (Bonds = $6.5m) $580,000 annual bond payments over 20 years
Benefits: An affordable indoor opportunity, longer lifespan of courts, fits the site, revenue producing, relieves pressure on epcc gym, a renowned community amenity
Challenges:Cost
Questions / Feedback
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JULY 11, 2023 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. PEOPLEFEST WEEK PROCLAMATION
B. EDEN PRAIRIE COMMUNITY BAND 50 YEAR ANNIVERSARY PROCLAMATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 13, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 13, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. APPROVE THE SECOND READING OF THE ORDINANCE AMENDING
CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
C. BUSH LAKE PET HOSPITAL (2023-04) SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE FROM OFFICE (OFC) TO NEIGHBORHOOD COMMERCIAL (N-COM) AND PUD DISTRICT REVIEW WITH WAIVERS ON 1.19 ACRES; RESOLUTION FOR SITE
CITY COUNCIL AGENDA July 11, 2023
Page 2
PLAN REVIEW ON 1.19 ACRES (ORDINANCE FOR ZONING DISTRICT CHANGE AND PUD DISTRICT REVIEW; RESOLUTION FOR SITE PLAN REVIEW)
D. APPROVE THE SECOND READING OF THE ORDINANCE GRANTING A CABLE FRANCHISE TO COMCAST AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
E. AWARD CONTRACT FOR MAINTENANCE FACILITY VEHICLE GATES TO BARNUM GATE SERVICES
F. AWARD CONTRACT OF BASE BID FOR COMMUNITY CENTER RINK 1 AHU REPLACEMENT TO PETERSON SHEET METAL
G. APPROVE THE CONTRACT WITH BS&A SOFTWARE FOR ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM FOR FINANCIAL
MANAGEMENT AND UTILITY BILLING
H. APPROVE AMENDMENT TO SHORT FORM CONSTRUCTION CONTRACT FOR NESBITT PRESERVE PARK TRAIL AND PAVEMENT IMPROVEMENTS
I. AUTHORIZE ENTERING INTO AN AGREEMENT WITH ODESSA II FOR
THE RILEY LAKE VOLLEYBALL COURT IMPROVEMENTS
J. APPROVE CONTRACT WITH EPA AUDIO VISUAL INC. FOR EDEN
PRAIRIE FIRE STATION ONE EMERGENCY OPERATIONS CENTER UPGRADE
K. APPROVE CONTRACT FOR GOODS AND SERVICES WITH LAKE
COUTRY DOORS FOR INSTALLING LIGHTING ON ALL FIRE STATION BAY DOORS
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT EVALUATION TESTING FOR THE 2024, 2025, AND 2026 PAVEMENT REHAB PROJECTS
M. APPROVE CHANGE ORDER NO. 5 FOR THE W. 62ND STREET IMPROVEMENT PROJECT
N. AWARD CONTRACT FOR WATERMAIN VALVE REPAIRS TO VALLEY RICH CO., INC.
O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR 2023 POND DREDGING
IX. PUBLIC HEARINGS / MEETINGS
A. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY
CITY COUNCIL AGENDA July 11, 2023
Page 3
CODE CHAPTER 11 AND CHAPTER 9 RELATING TO A NEW FLEX SERVICE ZONING DISTRICT
B. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO PARKING X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
1. FIRE SUPPRESSION UPDATE
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: July 07, 2023
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, July 11, 2023
___________________________________________________________________________________________
TUESDAY, JULY 11 2023 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the
Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office.
IV. PROCLAMATIONS / PRESENTATIONS
A. PEOPLEFEST WEEK PROCLAMATION
Synopsis: This proclamation will declare July 30 through August 5 as PeopleFest Week. Peoplefest is an annual, weeklong celebration that honors and celebrates diversity in our community.
No formal action requested. Jay Lotthammer will introduce the item. Mayor Case will read the proclamation. B. EDEN PRAIRIE COMMUNITY BAND 50 YEAR ANNIVERSARY PROCLAMATION
Synopsis: This proclamation will declare July 23, 2023 as a day to honor the Eden Prairie Community Band in recognition of its 50th anniversary. No formal action requested. Jay Lotthammer will introduce the item. Mayor Case
will read the proclamation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
ANNOTATED AGENDA July 11, 2023
Page 2
VI. MINUTES
MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 13, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 13, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-O on the Consent Calendar. A. CLERK’S LIST
B. APPROVE THE SECOND READING OF THE ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND
REGULATION OF ALCOHOLIC BEVERAGES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
C. BUSH LAKE PET HOSPITAL (2023-04) SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE FROM OFFICE (OFC) TO NEIGHBORHOOD COMMERCIAL (N-COM) AND PUD DISTRICT REVIEW WITH WAIVERS ON 1.19 ACRES; RESOLUTION FOR SITE PLAN REVIEW ON 1.19 ACRES. (ORDINANCE FOR ZONING DISTRICT CHANGE AND PUD DISTRICT REVIEW; RESOLUTION FOR SITE PLAN REVIEW)
D. APPROVE THE SECOND READING OF THE ORDINANCE GRANTING A
CABLE FRANCHISE TO COMCAST AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
E. AWARD CONTRACT FOR MAINTENANCE FACILITY VEHICLE GATES TO BARNUM GATE SERVICES
F. AWARD CONTRACT OF BASE BID FOR COMMUNITY CENTER RINK 1 AHU REPLACEMENT TO PETERSON SHEET METAL
G. APPROVE THE CONTRACT WITH BS&A SOFTWARE FOR ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM FOR FINANCIAL MANAGEMENT AND UTILITY BILLING
H. APPROVE AMENDMENT TO SHORT FORM CONSTRUCTION CONTRACT FOR NESBITT PRESERVE PARK TRAIL AND PAVEMENT IMPROVEMENTS
ANNOTATED AGENDA July 11, 2023
Page 3
I. AUTHORIZE ENTERING INTO AN AGREEMENT WITH ODESSA II FOR THE RILEY LAKE VOLLEYBALL COURT IMPROVEMENTS
J. APPROVE CONTRACT WITH EPA AUDIO VISUAL INC. FOR EDEN
PRAIRIE FIRE STATION ONE EMERGENCY OPERATIONS CENTER UPGRADE
K. APPROVE CONTRACT FOR GOODS AND SERVICES WITH LAKE COUTRY DOORS FOR INSTALLING LIGHTING ON ALL FIRE STATION BAY DOORS
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT EVALUATION TESTING FOR THE 2024, 2025, AND 2026 PAVEMENT REHAB PROJECTS
M. APPROVE CHANGE ORDER NO. 5 FOR THE W. 62ND STREET IMPROVEMENT PROJECT
N. AWARD CONTRACT FOR WATERMAIN VALVE REPAIRS TO VALLEY RICH CO., INC.
O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR 2023 POND DREDGING
IX. PUBLIC HEARINGS / MEETINGS
A. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 AND CHAPTER 9 RELATING TO A NEW FLEX SERVICE ZONING DISTRICT
Synopsis: The Comprehensive Plan, ASPIRE 2040, established a Flex Service land use category with the intent to provide for a mix of compatible industrial-commercial land uses that are not compatible with the goals and permitted uses of the Transit Oriented (TOD) or Town Center (TC) zoning districts.
A new Flex Service zoning district is proposed to provide increased flexibilities and opportunities for businesses and property owners to reinvest in their property while retaining many of the same rights and opportunities in the existing zoning districts. All the properties guided Flex Service are currently zoned Industrial (I-2
or I-5) and are located in two (2) areas of the City – the Martin Drive industrial park and the intersection of Pioneer Trail and Pioneer Trail. No new non-conformities will be created with the adoption of this Ordinance. As the properties guided Flex Service are in areas of the City that were developed
decades ago, the Ordinance proposes several incentives to encourage and facilitate reinvestment and redevelopment on the existing parcels. The Ordinance allows for additional commercial uses in addition to the same uses allowed in industrial districts. Setbacks are reduced from the larger standards of the
ANNOTATED AGENDA July 11, 2023
Page 4
Industrial zoning district, which aligns with some of the existing conditions on Flex Service guided properties. Additionally, reduced parking requirements are proposed to allow flexibility to sites that can demonstrate a reduced parking need
and provide supporting documentation to City Council. Exterior building material
standards are also proposed to acknowledge the “back of house” portions of properties and the industrial character of the area and proposed uses while maintaining requirements for high quality materials.
This action will only establish the zoning regulations for the Flex Service district in
the zoning ordinance. Any rezoning of property would be a separate action and would be initiated by property owners. MOTION: Move to
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 and Chapter 9 relating to a new Flex Service Zoning District B. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO PARKING Synopsis: Implementation of Aspire 2040 recommends reviewing the zoning ordinance to ensure that all of the regulatory controls align with the
Comprehensive Plan. Staff reviewed the parking requirements and identified some necessary changes. The proposed amendments address parking requirements for compact parking stalls, shared parking, banks, day care centers, retail and gymnasiums. The intention of these changes is to provide flexibility, streamline the process of allowing shared parking between 2 or more uses,
provide requirements that best suit a particular use, scale parking to a particular use and reflect actual parking ratios and practices in the community. MOTION: Move to
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to parking X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
ANNOTATED AGENDA July 11, 2023
Page 5
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
1. FIRE SUPPRESSION UPDATE
Synopsis: Fire Chief Scott Gerber will provide an update on fire
suppression activity within the last year.
No formal action requested.
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE
July 11, 2023
DEPARTMENT / DIVISION
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION
PeopleFest! Week Proclamation
ITEM NO.
IV.A.
Requested Action No formal action requested. Mayor Case will read the proclamation.
Background This proclamation will declare July 30 through August 5 as PeopleFest Week. Peoplefest is an annual, weeklong celebration that honors and celebrates diversity in our community.
Attachments Proclamation
ITEM NO.: IV.A. PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
PeopleFest! Week
WHEREAS, Eden Prairie is a community composed of people from many backgrounds, races,
ethnicities, abilities and identities; and
WHEREAS, we are a City that is committed to the promotion of diversity, equity, inclusion and
belonging; and
WHEREAS, our community is more vibrant because of our diversity; and
WHEREAS, cultural sharing leads to greater understanding and appreciation; and
WHEREAS, “PeopleFest! A Community Celebration of Culture” is an annual, weeklong
celebration that honors and celebrates the range of traditions that tell the rich story of our
community; and
WHEREAS, “PeopleFest!” offers many free opportunities to experience culture through stories,
food, music, dance, visual art and more; and
WHEREAS, the celebration’s main event is the “PeopleFest! Party” from 3 to 7 p.m. on July 30
at Staring Lake Park; and
WHEREAS, the “PeopleFest! Party” includes live music and dance performances,
demonstrations and art experiences, as well as booths with a variety of cultural and educational
organizations sharing their stories, activities and outreach.
NOW, THEREFORE, BE IT RESOLVED, that the Eden Prairie City Council encourages
everyone to take part in this community celebration of culture; and
FURTHER, the Eden Prairie City Council does hereby proclaim July 30 through August 5, 2023,
as “PeopleFest! Week” in Eden Prairie.
Ronald A. Case, Mayor
on behalf of Council Members:
Kathy Nelson
Mark Freiberg
PG Narayanan
Lisa Toomey
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE
July 11, 2023
DEPARTMENT / DIVISION
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION
Eden Prairie Community Band 50th Anniversary
ITEM NO.
IV.B.
Requested Action No formal action requested. Mayor Case will read the proclamation.
Background This proclamation will declare July 23, 2023 as a day to honor the Eden Prairie Community Band in recognition of its 50th anniversary.
Attachments Proclamation
ITEM NO.: IV.B. PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
Eden Prairie Community Band’s 50th Anniversary
WHEREAS, The Eden Prairie Community Band enriches the lives of thousands of area
residents each year through performances both in Eden Prairie and throughout the Twin Cities
region; and
WHEREAS, The Eden Prairie Community Band builds community through music; and
WHEREAS, The Eden Prairie Community Band displays Eden Prairie’s standard of excellence
in all their performances; and
WHEREAS, The Eden Prairie Community Band provides a creative outlet for local adult
musicians of all ages; and
WHEREAS, The Eden Prairie Community Band is committed to equal access, providing free
concerts throughout the year; and
WHEREAS, The Eden Prairie Community Band adds a high-quality musical element to several
City events each year, and
WHEREAS, The Eden Prairie Community Band has represented and served the Eden Prairie
community with pride for 50 years.
NOW, THEREFORE, BE IT RESOLVED, that in recognition of the Eden Prairie Community
Band celebrating its 50th anniversary, the Eden Prairie City Council does hereby proclaim
July 23, 2023, as a day of celebration in honor of the Community Band in conjunction with its
50th anniversary concert; and
FURTHER, the Eden Prairie City Council encourages residents to join them at the Staring Lake
Amphitheatre for this community celebration of the Eden Prairie Community Band’s 50th
anniversary at 6 p.m. Sunday, July 23.
Ronald A. Case, Mayor
on behalf of Council Members:
Kathy Nelson
Mark Freiberg
PG Narayanan
Lisa Toomey
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JUNE 13, 2023 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) A. SUSTAINABILITY UPDATE
Jennifer Fierce, Sustainability Coordinator, began by presenting updates on the recent Climate
Action Plan, legislative session, sustainable building standard, and general programming updates.
Fierce stated the most recent Climate Action Plan data is from 2021 due to a lag in utility reporting.
2021 emissions were slightly higher than 2020 due to the pandemic. The City’s trending emissions
reduction is on track to be carbon free by 2050. The median emissions reduction across the State of
Minnesota is 32 percent since 2007. The City has reduced emissions by 36 percent, slightly ahead of
the State median.
Narayanan inquired how the emissions data was obtained. Fierce stated building energy use
information was provided by CenterPoint and Excel. Ellis stated vehicle miles traveled was provided
by MnDOT. Fierce added there is a national standard so each entity is tracking information the same
way. Nelson asked if cities were ranked by emission output. Fierce responded most cities are likely
near the median reduction of 32 percent, but no specific ranking is provided.
Freiberg inquired if the City’s baseline emission, in tonnes of carbon dioxide, was measured by
weight or volume. Ellis responded the measurement information was not readily available but he
would confirm the measurement unit with the councilmembers after the workshop.
Case stated a large volume of the City’s travel emissions are from vehicles on I-494. Many of these
vehicles are passing through the City and are not owned by Eden Prairie residents. Nelson added
T.H. 62 East similarly has a large volume of traffic from non-Eden Prairie residents.
Fierce noted when the City began tracking emissions in 2007, electricity counted for 72 percent of
total energy related emissions. In 2021, total energy related emissions were 51 percent from
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electricity and 49 percent from natural gas due to the grid getting cleaner over time. As the City
works toward the State’s carbon neutral by 2040 goal, natural gas will become a higher emitter than
electricity.
Case inquired why natural gas was going to be the larger of the two energy related emitters if we are
moving toward an electric grid. Fierce clarified as the City moves toward cleaner electric energy,
which has fewer emissions, the remaining natural gas usage will make up a larger percent of overall
emissions.
Fierce stated residential gas usage is consistent and driven by weather. Residential electricity usage
has decreased 18 percent as residents install LED lighting and more efficient appliances. Median
comparable cities had an 11 percent reduction in residential energy usage. Commercial and industrial
electricity usage has decreased 20 percent, which is in line with median comparable cities across the
State. The City’s emissions are 61 percent from energy, 37 percent from travel, and two percent
from waste.
Fierce stated of the City’s planned energy-related emission reductions, 46 percent will be from
commercial and industrial energy efficiency, 24 percent will be from the grid mix becoming cleaner
over time as energy sources such as electricity are used in lieu of natural gas, 14 percent will be from
fuel switching, 12 percent will be from residential energy efficiency, and four percent will be from
other sources. Case noted the City can educate residential and commercial users as we do not
directly impact the grid mix. The City could also incentivize fuel switching for appliances.
Fierce stated the City’s travel emissions were higher in 2021 than 2020 due to the pandemic but are
still trending lower than pre-pandemic levels. Narayanan inquired how many cars are owned by
Eden Prairie residents. Fierce responded the State tracks vehicle registration. Four percent of
vehicles registered in the City are electric. Nelson inquired if hybrids were included in that
percentage. Fierce confirmed hybrids were not included.
Fierce noted the 2023 legislative session was historic for climate and clean energy policies approved
and the amount of funding allotted. Policy changes include 100 percent carbon free electricity in the
State by 2040 and changes to the size and subscription model of community solar gardens. Case
inquired if there is opportunity to create more community solar gardens in the City. Getschow stated
it’s possible but very time intensive. Narayanan inquired if there is any unutilized swamp area the
City could build a solar garden on. Ellis responded it would not be a viable solution due to reduced
environmental quality of the wetlands and intrusion on wildlife.
Fierce noted the State created a $5 million grant program to assist cities in drafting and
implementing climate action plans. All HOA bans on rooftop solar were also nullified. Nelson stated
the City needs to notify HOAs in town of the new policy.
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Fierce detailed the new statewide commercial building energy benchmarking policy. All commercial
buildings greater than 100 thousand square feet must benchmark and disclose annual energy use by
2025.
Fierce stated there are new energy related grants and rebates available for residents including an
additional $2,500 rebate for new electric vehicles (EVs) and $6.5 million available for residential
electric panel upgrades. Narayanan inquired if there was any money made available for electrical
charging stations. Fierce responded there is federal money available, but not any state funding.
Fierce noted the City adopts a commercial energy code every six years. By 2036 the energy code
must achieve an 80 percent reduction in annual net energy consumption from the 2005 baseline. EV
standards will be required in the new code.
Fierce discussed the sustainable building standard, which establishes sustainability criteria for new
building projects that receive financial or zoning incentives from the City. One portion of the
standard is third-party green building rating systems. There are different options for building rating
systems, with LEED being the most common. The Council had previously discussed the additional
costs of building to a third-party rating system. The added cost can be between two and nine percent
depending on the rating system.
Narayanan inquired if a developer in Eden Prairie would have a ten percent cost increase by building
to a third-party rating system. Ellis stated the City is proposing to utilize the LEED Silver
certification, which would be a cost increase of between two and two and a half percent. Fierce
added there are other building rating systems available to use, such as the Department of Energy
(DOE) zero energy ready home program and the passive house design. There is one house in the
City built to the DOE zero energy ready that spent ten dollars per month on utilities in 2019.
Narayanan inquired if the price of LEED certified materials will decrease as more communities
adopt building codes using LEED certifications resulting in higher demand. Case responded the cost
of using LEED certified materials will be higher regardless of demand due to the technological
advances.
Fierce noted new single-family houses would likely pick a third-party green building rating system
other than LEED as LEED is mostly utilized by commercial buildings. For example, building a
single-family home to the DOE zero energy ready standard costs $8,000 -$10,000, but is eligible for
a $5,000 tax credit.
Fierce discussed the benefits of using a sustainable building standard. LEED certified buildings have
higher rents and sales prices in both commercial properties and multifamily properties as compared
to non-LEED certified buildings. Utility and operating costs for a LEED certified building are lower
than a non-LEED certified building.
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Fierce then provided an overview of the second portion of the sustainable building standard,
universal requirements. These are priorities chosen by the City. The City’s universal requirements
are predicted greenhouse gas emissions, EV charging capability, and the renewable energy standard.
These are similar to comparable metro cities that have a sustainable building policy. Drivers moving
to EVs account for most of the reduction in travel emissions. At a minimum, new buildings will have
to build to a solar-ready standard.
Nelson asked if the sustainable building policy applies to tonight’s City Council Public Hearings.
Getschow responded the City has not adopted this policy yet, but Council will likely vote on the
policy in the near future. Currently, solar readiness, EV charging stations, and energy efficiency are
discussed during developer negotiations with City staff. Energy efficiency has historically received
the most disagreement from developers, but the State is now governing that component.
Case stated the City must remain flexible in the face of fast changing technology. The City may have
an all-electric fleet by 2030 if technology evolves quickly. While it is helpful to have EV charging
stations in public spaces, it is more important to have charging stations in residences. Fierce
responded the City requests more EV charging stations in residential locations than in commercial
locations.
Fierce summarized the Sustainability Commissions’ recent programming items including the
Electrify Everything MN campaign and workshops, the compost giveaway and garden tool swap on
Arbor day, a pollinator planting webinar, and the upcoming EV showcase at Staring Lake Park on
September 12. The City was recently recognized as a GreenStep Step four and five city. The City is
also at the silver level of the EV Smart Certification Process, which is focused on EV readiness in
fleets and in the community. Case inquired if local car dealerships could bring a model EV for the
upcoming EV showcase. The City and car dealerships could summarize information on final car
prices after tax credits and rebates. Fierce responded dealerships in the City and surrounding cities
were invited to the previous EV showcase, but only one attended as the remaining dealerships did
not have available EV cars at the time.
Finally, Fierce discussed the upcoming Energy Efficiency and Community Block Grant federal
funds of $130,000 for electrification, programming, and rebates. The councilmembers thanked
Fierce for her presentation.
Open Podium - Council Chamber (6:30)
I. OPEN PODIUM III. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 13, 2023 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. Council Member Lisa Toomey was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. CITY GOVERNMENT ACADEMY GRADUATION
Case explained City Government Academy and noted this would be the third
graduating class. Getschow noted the Academy is a large time commitment to
learn about the community and local government. The program included a mock council meeting. The Academy is open to any residents of Eden Prairie. There were 40 applicants for 25 spots, and the City took the first 25 applications received.
Getschow conducted the Graduation Ceremony and members of the Council congratulated the graduates. A slideshow with photos from the Academy was shown. Several graduates thanked the Council and Staff for all they do for Eden Prairie.
Case thanked Getschow for creating and supporting the program. B. HENNEPIN COUNTY COMMISSIONERS LATONDRESSE AND GOETTEL
Commissioner Debbie Goettel, 5th District, introduced herself and explained the
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area she serves, including the larger southern portion of Eden Prairie. Commissioner Chris LaTondresse serves the 6th District, including the northern portion of Eden Prairie.
Commissioner Goettel pointed out Hennepin County is the 34th largest county in the nation and the Board includes 7 representatives. They steward a budget larger than some states even have. Two pie charts of the budget, both revenue and expenses, were shown.
Commissioner Goettel explained a guiding principle of the Board is decreasing disparities. The Board has been working to respond to the pandemic and has spent $218.6 million to date. The total award is $245.9 million. Commissioner LaTondresse noted one-third of Hennepin households pay more
than 30 percent of their income toward housing costs. Homelessness has surged since the pandemic. The gap of available affordable homes is widest for the lowest income households, which is lacking about 50,000 affordable homes. Before the pandemic, $146 million was spent annually on housing stability.
Commissioner LaTondresse stated public safety continues to be a top priority to the County. The workforce shortage is a continued concern. The County has worked to expand the embedded social worker program. It started as a pilot in 2019 with five social workers. In 2023, there are 45 social workers serving every city and police department in Hennepin.
Commissioner LaTondresse added mental health is a focus area of the County. They hope to decrease stigma and offer more resources. Hennepin County has been expanding school-based mental health response and now has one of the strongest school-based behavioral systems in the nation with 7,000 students
served annually and the efforts reach every school district. Commissioner Goettel pointed out Hennepin is trying to be a leader in retaining mental health workers. The County is receiving $42 million in opioid lawsuit settlement dollars and will be investing the funding across three main strategies:
prevention, response, and treatment. She showed a map with opioid-related deaths in the County. Commissioner Goettel stated small businesses are in need of additional support following the pandemic. Elevate Hennepin is one of several efforts to support and
educate small business owners. Commissioner Goettel noted SouthWest Transit is on its way to opening up, with one of the first stations being in Eden Prairie. She showed a map of Eden Prairie and Hennepin transportation projects. She thanked Eden Prairie for their
continued partnership.
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Nelson thanked the Commissioners for their work in serving the community. Case reiterated a thanks.
C. PROP SHOP UPDATE – CINDY EDDY, DIRECTOR
Cindy Eddy, Director of Prop Shop, explained Prop Shop has been around for 16 years and is a sister organization to the Food Shelf. They take donations from the
community and have a free store for clients referred to them. Products include clothing, furniture, books, and the like. Ms. Eddy noted there has been a 46 percent increase in new families. Due to that increase, Prop Shop is in need of a lot more items to provide to clients. The
clients are predominantly the working poor, and they are struggling to make ends
meet. Prop Shop is desperate for children’s clothing and bedding or linens. Ms. Eddy stated Prop Shop served 3900 people, including 1200 kids and 160 seniors. On average, a family goes to Prop Shop four times, but they are eligible
to go to Prop Shop monthly. They never have enough beds for those needing
beds. Ms. Eddy pointed out Eden Prairie is an amazing community. They have 3700 volunteers for hundreds of thousands of hours. The Staff and Council are
extremely supportive of Prop Shop’s efforts.
D. TOUR DE TONKA – MOLLY BAHNEMAN, COORDINATOR FOR MINNETONKA PRESCHOOL, ECFE & JUNIOR EXPLORERS
Molly Bahneman shared statistics about previous Tour de Tonkas and did some trivia questions. She showed a slide with major 2023 sponsors. Most of the proceeds from the event go to the ICA Food Shelf. To date, Tour de Tonka has
raised over $97,000 for the ICA Food Shelf and 44 states have participated in the events. They are looking to have riders from each and every state. E. ACCEPT DONATION FROM HUMANA FOR SENIOR CENTER GOLF CLASSIC (Resolution No. 2023-54)
Lotthammer explained this item is to accept a donation of $250 from Humana to Senior Center’s Golf Classic.
MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2023-54 accepting the donation in the amount of $250 from Humana to Senior Center’s Golf Classic. Motion carried 4-0.
F. ACCEPT DONATIONS FROM SUMMIT PLACE FOR SENIOR CENTER EVENTS (Resolution No. 2023-55)
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Lotthammer explained this item is to accept a donation of $50 for Senior Center September Bingo and $250 for the Holiday Lunch from Summit Place.
MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No.
2023-55 accepting the donation in the amount of $50 for Senior Center September Bingo and $250 for the Holiday Lunch from Summit Place. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added an Item under Council Reports regarding the US Conference of Mayor’s trip. MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 16, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 16, 2023
MOTION: Nelson moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, May 16, 2023, and the City Council meeting held Tuesday, May 16, 2023, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2023-56 APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNVOVATION C. AWARD CONTRACT FOR FIRE STATION 3 APPARATUS BAY FLOOR TO SURFACE PROS D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE25 FOR WELL 5 ELECTRICAL AND CONTROLS REHABILITATION FOR WELL HOUSE # 5 RECONSTRUCTION PROJECT E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR PHASE 10 POND INVENTORY AND INSPECTION PROGRAM F. APPROVE PURCHASE OF FOUR PORTABLE HOISTS FROM GRAY MANUFACTURING
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G. AWARD CONTRACT FOR COUNTY ROAD 62 FENCE REPLACEMENT TO SUPERIOR FENCE & RAIL INC.
H. APPROVE ORDERING AND PURCHASE OF 2024 REPLACEMENT PLAN VEHICLES AND EQUIPMENT
I. APPROVE AGREEMENT FOR PURCHASING GOODS AND SERVICES WITH RESPYRO FOR HOMETOWN CELEBRATION FIREWORKS
J. DECLARE FIRE VEHICLES AS SURPLUS PROPERTY AND AUTHORIZE SALE TO OTHER FIRE DEPARTMENTS
K. ACCEPT DONATION FROM AMERICAN LEGION AUXILIARY – EDEN
PRAIRIE FOR PURCHASE OF EMERGENCY SERVICES EQUIPMENT (Resolution No. 2023-57)
L. ACCEPT DONATION OF BEVERAGE MUGS FROM SCHEELS FOR FIRE DEPARTMENT EVENTS (Resolution No. 2023-58)
M. APPROVE THE LEASE EXTENSION FOR THE RILEY LAKE PARK RENTAL HOUSE
N. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR PAVEMENT
EVALUATION SERVICES FROM GOODPOINTE TECHNOLOGY
MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-N on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS
A. BUSH LAKE PET HOSPITAL (2023-04) by Highland Ventures, Travis Norris. Resolution for Planned Unit Development Concept Review on 1.19 acres, First
Reading of Ordinance for Zone Change from Office (OFC) to Neighborhood Commercial (N-COM) and Ordinance for PUD District Review with waivers on 1.19 acres, and Site Plan Review on 1.19 acres. (Resolution No. 2023-59 for PUD Concept Review, Ordinance for Zoning District Change and PUD District Review)
Getschow stated the applicant is proposing to construct an approximately 5,074 square foot, single-level commercial building. About 3,958 square feet would be occupied by Bush Lake Pet Hospital, while the other 1,015 square feet would be for an additional commercial or office tenant, to be determined. The tenant is relocating from Bloomington to increase its tenant space. The business would not
have overnight boarding with the exception of surgery patients.
Getschow noted the lot for this proposed building is located directly north of the
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Kinderberry Hill Child Development Center along Hennepin Town Road and across the street from the Bluff Country Village townhome development. The applicant is requesting a Zone Change to Neighborhood Commercial (N-COM) from Office
(OFC) to accommodate the proposed vet clinic use. The developer is also
requesting PUD waivers for minimum lot size and lot depth in the N-COM district.
Mike Kohne, representative of Highland Ventures, noted the unique shape of the lot has been challenging and has lead to their request for waivers and variances. There are a number of sustainable components included in the project, including an EV
charging station.
Mr. Kohne pointed out there were a few items the Planning Commission requested changes on. Since the parking lot will be shared with the Kinderberry Hill Child Development Center, there was a speed bump added. He has also reached out to Kinderberry Hill Child Development Center again to confirm they were supportive of the project.
Mr. Kohne added thanks to another suggestion from the Planning Commission, the dumpster has been rotated so that it cannot be seen from the road when it is open. There was also consideration of screening the HVAC unit on the roof and a cost-effective measure was developed.
Dr. Douglas Gates noted Bush Lake Pet Hospital is a small animal practice that has
been in business for over 30 years. They aim to be a support for the community and work closely with many rescues throughout the State. Also, they look forward to having more space and serving more community members.
Case asked if the parking would be adequate for any potential future uses. Klima confirmed the parking requirement was evaluated based on the square footage of the
building rather than the specific building use.
There were no comments from the audience. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing. Motion carried 4-0. Freiberg agreed the lot is an odd shape, so the waivers make sense. Based on the traffic, an appointment-only business is the best fit for the area. Also, the building is beautiful.
Nelson agreed the building looks nice and fits the space well. The proposed business also has a good reputation. She asked if there is space for pet owners to walk their dogs or for the animals to relieve themselves. Dr. Gates stated there will be a designated area for such uses that includes proper drainage and signage.
Case asked if the trees on the northern part of the lot will be maintained. Klima confirmed the trees to the north are staying and more landscaping will be added.
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Narayanan asked if there was a neighborhood meeting. Mr. Kohne stated the neighborhood meeting was held prior to the Planning Commission meeting. The
project is overall well-received. The only concern was regarding traffic near the
blind curve. Some options include decreasing the speed of the road or trimming some trees, but that would be under the purview of the City and other property owners. A traffic study was completed and the proposed use only increases traffic by five cars per hour.
MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2023-59 a Resolution for Planned Unit Development Concept Review on 1.19 acres; and approve the First Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning Change from OFC to N-COM on 1.19 acres; and direct Staff to prepare a development agreement
incorporating Staff recommendations and Council conditions; and authorize the issuance of an early Land Alteration Permit for Bush Lake Pet Hospital at the request of the Developer subject to the conditions outlined in the permit. Motion carried 4-0. B. KIWATCHI DEVELOPMENT (2022-11) by Craig and Jessica Schmidt. First Reading of Ordinance for Zone Change from Rural to R1-9.5 on 2.11 acres, and
Resolution for Preliminary Plat of one parcel into 4 lots and 3 outlots on 2.11 acres. (Resolution No. 2023-60 for Preliminary Plat, Ordinance for Zoning District Change, Resolution No. 2023-61 for the Findings of Fact in Support of Park Dedication Fees)
Getschow stated the applicant is requesting approval to divide one parcel into 4
single family lots and 3 outlots. The 2.11-acre property is located at 6285 Duck
Lake Road. The land is generally flat with some trees and a small piece of wetland along the east property line. The wetland is part of a larger wetland on City-owned property to the east. The existing home on proposed Lot 3 will be demolished when site work begins. The Planning Commission voted to
recommend approval of the project at the their recent meeting.
Getschow explained the property is guided Low Density Residential, which allows a density of 0.1-5 units per acre. The proposed density of 1.9 units per acre is consistent with the guiding. Current zoning is Rural and the applicant is
requesting a zone change to R1-9.5. The lots conform to the R1-9.5 zoning standards. Getschow stated the wetland, wetland buffer and stormwater management will be encompassed in Outlot A. The Outlot will be deeded to the City so the City can
preserve the wetland and wetland buffer and maintain the stormwater management facility. Outlots B and C may be transferred to the property owners to the north to add square footage to their lots. The applicant will be installing a public sidewalk along the Duck Lake Road frontage of the property.
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Craig Schmidt, representative of Kiwatchi Development, explained he is new to development. He showed the location map and an aerial photo of the property.
Ultimately, Outlots B and C would be sold to neighbors. Outlot A would be
deeded to the City. Lots 1, 2, and 3 would be sold. Lot 4 would be retained by the purchasing family. Mr. Schmidt noted the goal was to make the lot size similar to the sizes of nearby
lots. Lot requirements are all met or exceeded.
There were no comments from the audience. MOTION: Freiberg moved, seconded by Kathy, to close the public hearing, and to approve the First Reading of an Ordinance for a Zoning Change from Rural to
R1-9.5 on 2.11 acres; and adopt Resolution No. 2023-60 for a Preliminary Plat of one parcel into 4 lots and 3 outlots on 2.11 acres; and adopt Resolution No. 2023-61 for the Findings of Fact in Support of Park Dedication Fees; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and authorize the issuance of an early
Land Alteration Permit for Kiwatchi Addition at the request of the Developer subject to the conditions outlined in the permit. Case asked if the nearby houses have stormwater captured. Ellis noted there would be a required storm water pond. They would tie into existing storm and
sewer. Ultimately, it is an improvement to the area’s infrastructure. Nelson stated the road access is nice for the lots. Also, the lots will have great wetland views. VOTE ON THE MOTION: Motion carried 4-0. C. BAKER ROAD ASSISTED LIVING (2023-02) by Michael Knisely. Resolution
for Guide Plan Change from Office to Medium High Density Residential on 3.79 acres, Resolution for PUD Concept Plan Review on 3.79 acres, First Reading of Ordinance for zone change from Office to RM-2.5 and PUD District Review with waivers on 3.79 acres, Resolution for the Findings of Fact in Support of Park
Dedication Fees and Site Plan Review on 3.79 acres. (Resolution No. 2023-62 for Guide Plan Change, Resolution No. 2023-63 for PUD Concept Review, Ordinance for Zoning District Change and PUD District Review)
Getschow stated the applicant is requesting approval to construct an assisted living facility at 6216 Baker Road. The 3.79-acre property is located south of
Highway 62 and west of Baker Road. Getschow explained the project improvements are proposed in two phases. Phase I includes a renovation of the existing 16,309 square foot office building into 24
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assisted living units with a total of 31 beds. The majority of the improvements in this phase will be interior to the building, though there are minor exterior improvements. Phase II is proposed to include a 52,938 square foot 4-story
addition to the building, which would add 81 units with a total of 81 beds. At full
build out, the facility will have a total of 105 units and 112 beds. Phase II would include significant site work. Getschow noted the project will provide assisted living and treatment for patients
suffering from dementia. The property is guided Office in the Comprehensive
Plan. The applicant is requesting approval of a Comprehensive Plan Amendment to reguide the property to Medium High Density Residential, which allows a density of 14 to 40 units per acre. At full build out of Phase I and II, the density of the project will be 27.7 units per acre. The property is zoned Office and the applicant is requesting a zone change to RM-2.5. The project was approved
unanimously at the Planning Commission. Eric Reiners, Principal at Sperides Reiners Architects (SRA), explained the project is a great option to better utilize the current property. He showed an image of the proposed addition. The addition would be added after the existing building
is stabilized. There would also be new landscaping and patios for resident use. He showed an aerial image of the parcel and the topography of the site. He then showed a layout of the building. Mr. Reiners noted there is a low traffic impact for the addition. Currently, only
one resident drives. The rest of the parking lot is for Staff, visitors, and the van used to transport residents. Mr. Reiners showed various elevation views of the proposed building. He noted the building is not visible from most roads due to tree coverage.
Case asked if Rusty Patched Bumblebees have been identified on the site, referencing the habitat for such bees on the plans. Getschow confirmed they have not been identified but the environment would support bees.
Case asked how large the rock wall is. Mr. Reiners stated the design and build is done on-site as needed for the various elevations. Case noted all trees removed are going to be reclaimed and spread across the site. He asked if it was an idea by the developer or Staff. Ellis stated it was not a
direction by Staff. Case pointed out the idea was excellent and should be implemented more. Jonathan Arneson, representative of group owning a property at 6216 Baker Road, explained he has concerns about the safety of their tenants because there is a need
for the proposed project site to use the parking lot for access. They currently haven’t had much if any traffic, which is a positive for their tenants. An option
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could be a speed bump. Ted Melby, resident of Eden Prairie, asked about the percentage of impervious
surface on the development. Case stated Staff would get an answer prepared for
Mr. Melby. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing. Motion carried 4-0.
Ellis stated he doesn’t object to the speed bump. There would need to be a discussion with the Fire Chief regarding emergency response impacts. At any time, an office could come in and use the parking lot. However, the assisted living usage has a much lower car volume.
Ellis stated the analysis doesn’t address impervious surface. Klima pointed out the City only has a requirement for impervious surface for properties in the shoreline district. Nelson asked if all units have bathrooms. Mr. Reiners confirmed that each room
has direct access to the bathroom, in accordance with code requirements for assisted living facilities. There are a few shared suites with two bedrooms sharing one bathroom and one sitting area. Nelson noted outdoor spaces with room for residents and visitors are essential.
She asked for visuals of the outdoor spaces. Mr. Reiners noted getting residents outside is essential in their design. However, the site has a few challenges for sidewalks on the east side of the building. He showed a site plan depicting the sidewalks and patio spaces. An existing amenity is a deck on the side of the wetlands with interior access.
Freiberg asked what the square footage of the 24 rooms. Mr. Reiners stated each room is about 300 square feet. Part of the programming in the facility is intended to get folks out of their room into shared spaces, activities, and outdoor areas.
Freiberg asked what the size of the rooms in the addition will be. Mr. Reiners stated each room will be almost 400 square feet. Case pointed out one of the design options included a barrel roof to better match the existing building. Some members of the Planning Commission didn’t like the
barrel roof, but Case prefers the barrel roof. Klima stated the barrel roof wasn’t part of the Planning Commission recommendation, but it can be added to the Second Reading. There was consensus by Council for Staff to look into the barrel roof and the
speed bump option.
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MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2023-62 for a Guide Plan Change from Office to Medium High Density Residential on 3.79 acres; and adopt Resolution No. 2023-63 for a PUD Concept
Plan Review on 3.79 acres; and approve the First Reading of an Ordinance for a
PUD District Review with waivers and a Zoning Change from Office to RM-2.5 on 3.79 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0.
D. COMPREHENSIVE PLAN AMENDMENT – TRANSPORTATION AND TRAILS (2023-01CA) by City of Eden Prairie. Resolution for text and map
amendments to the Comprehensive Plan. (Resolution No. 2023-64 for Guide Plan Change)
Getschow stated the item is Staff-driven and introduced Julie Klima to continue the Staff presentation.
Klima explained the request is to amend the Comprehensive Plan. The
Metropolitan Council establishes policy for the regional systems which require updates to Eden Prairie’s Comprehensive Plan. Four roadways need to change their classifications. As for trails, two will be recategorized which impacts funding priorities. Lastly, the MnPass program was renamed to E-Zpass, which is
a minor housekeeping issue.
There were no comments from the audience. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing, and
to adopt Resolution No. 2023-64 amending the Comprehensive Plan. Motion carried 4-0. X. PAYMENT OF CLAIMS
MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims
as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4
RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES
Getschow explained Chapter 4 of the Eden Prairie City Code contains the City’s regulations and licensing requirements relating to alcoholic beverages. Chapter 4 has not undergone a wholesale update for many years, and currently contains
several provisions that are outdated or not in compliance with state law.
CITY COUNCIL MINUTES June 13, 2023
Page 12
The ordinance amends Chapter 4 in its entirety. The amended chapter now references and incorporates many definitions, provisions, and requirements of state law, which will allow the City to quickly implement liquor law amendments that
may be adopted by the legislature. The ordinance also adopts similar administrative
licensing processes and requirements that are used in other City licensing sections found in Chapter 5. This will allow for ease of administration by City staff and clarity for applicants. While the amendment brings certain requirements of Chapter 4 in line with both State law and the practices of surrounding communities, it retains
most of Chapter 4’s existing substantive licensing requirements, conditions, and
penalties.
MOTION: Nelson moved, seconded by Freiberg, to approve the First Reading of the Ordinance Amending City Code Chapter 4 Relating to Licensing and Regulation of Alcoholic Beverages. Motion carried 4-0. B. FIRST READING OF ORDINANCE GRANTING A CABLE FRANCHISE TO COMCAST
Getschow stated effective August 1, 2012, each of the Southwest Suburban Cable
Commission Member Cities granted a cable franchise to Comcast. The initial term of the franchise ran for ten years and was extended by the Member Cities through January 31, 2023.
Brian Grogen, attorney representing the Southwest Suburban Cable Commission,
explained the Southwest Suburban Cable Commission includes five cities. There
are similar groups throughout the Twin Cities.
Mr. Grogen stated cable is a for-profit business unlike regulated utilities. Many users are switching to streaming services, so cable revenue is decreasing. The sales for broadbands are increasing, however.
Mr. Grogen noted in 2019, Comcast requested renewal of the franchise and the
Cable Commission has since been engaged in informal renewal negotiations with Comcast to reach mutually acceptable terms for a renewal cable franchise. There is still a five percent fee. All regulations are tied back to City Code. There will be HD availability, and the fee will fund related capital purchases.
Mr. Grogen stated on May 24, 2023, the Cable Commission adopted a resolution
recommending that the renewal cable franchise be adopted by each Member City. Any proposed revisions from one of the cities may require the Cable Commission to seek agreement not only from Comcast but also from the other four Member Cities which may have already taken action to adopt the renewal cable franchise. This
point is raised not to suggest that further revisions are impossible, but to emphasize the complexity of the approval process and the steps which must be undertaken to complete the approval process.
MOTION: Narayanan moved, seconded by Nelson, to approve the First Reading
CITY COUNCIL MINUTES June 13, 2023
Page 13
of the Ordinance Granting a Cable Franchise to Comcast. Motion carried 4-0. Case pointed out the City does not limit competition to Comcast and welcomes any other cable offerings. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS
Getschow stated applications for Students on Commissions positions were accepted from mid-April to the end of May. 65 applications were received this year, and there were more applicants than spots available on Commissions. Commission Staff Liaisons reviewed the applications. The appointment
recommendations are based on the students’ stated Commission preferences and
the quality of their applications. Upcoming seniors were prioritized and all were accepted, along with a handful of juniors. An orientation session will be held in late August.
MOTION: Freiberg moved to appoint to the to the Flying Cloud Airport
Advisory Commission – Harshan Chandrasekar, Leo Johnson, Jack Morrissette, Daniel Jiang, Seth Johnson, Bergen Papa; Nelson moved to appoint to the Heritage Preservation Commission – Nakhill Andrew, Berit Berggren, Abha Gupta, Abhinov Koutharapu, Owen Caruth, Amuktha Pothamsetti; Case moved to
appoint to the Human Rights and Diversity Commission – Kanya Karthic,
Shivangi Mohan, Navya Nambiar, Kiana Poul, Sudiksha Talla, Madeline Wilson, Tamia Hassan, Jude Kambel; Narayanan moved to appoint to the Parks, Recreation, and Natural Resources Commission – Vaikunth Ananthanarayanan, Jasmine Berry, Jessica Fang, Rohil Garg, Andrew Ginder, Jake Heimkes, Sydney
Ishaug, Siona Kaura, Aidan Rice, Sophia Strehl; Freiberg moved to appoint to the
Sustainability Commission – Rylee Brazil, Sophie Cain, Lucy Dowdal-Osborn, Alyssa Ehler, Lalitha Gunturi, Roshan Gurumurthy, Sabreen Khanikar, Pranav Narayanan, Kate Ropchak, Lilli Timpe, Keerti Tumu; Seconded by Nelson. Motion carried 4-0.
XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS
1. US Conference of Mayors —Mayor Case
Case stated the Eden Prairie is part of the US Conference of Mayors that includes cities with 30,000 or more residents. It is the largest gathering of Mayors in the world. He attended several sessions including ones on electric vehicle charging
stations, mass shootings, affordable housing, and artificial intelligence analysis of
CITY COUNCIL MINUTES June 13, 2023
Page 14
body camera footage. In the session of artificial intelligence presentation, they mentioned if the previous footage by Derek Chauvin had been reviewed, it would have pointed out some potential issues.
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 4-0. Mayor Case adjourned the meeting at 9:24 p.m. Respectfully submitted,
__________________________________________ Sara Aschenbeck, Administrative Support Specialist
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Gambling/Bingo Permit Organization: Women of Song Place: Fat Pants Brewing Co 8335 Crystal View Road
Dates: 8/30/2023, 9/27/2023, 10/25/2023, 11/29/2023 Amendment to Liquor License – 2AM Closing Permit - Renewal Licensee Name: American Multi-Cinema, Inc
DBA: AMC Theatres Eden Prairie 18
8251 Flying Cloud Drive, #4000 New On-Sale & Sunday Liquor License – New Ownership
Licensee name: Eden Prairie Lodging Group LLC
(Formerly Summit Hotel TRS 062, LLC ) DBA: Hilton Garden Inn 6330 Point Chase Approval is contingent upon receiving approval by MN Department of Public Safety –
Alcohol & Gambling Enforcement and Hennepin County Health.
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
July 11, 2023
DEPARTMENT / DIVISION:
Matt Sackett
Police Department
ITEM DESCRIPTION:
Second Reading of Ordinance Amending City Code Chapter 4 Relating to Licensing and Regulation of Alcoholic Beverages
ITEM NO.:
VIII.B.
Requested Action Move to: Approve the Second Reading of the Ordinance Amending City Code Chapter 4 Relating
to Licensing and Regulation of Alcoholic Beverages and Adopt Resolution Approving
Summary Ordinance. Synopsis
Chapter 4 of the Eden Prairie City Code contains the City’s regulations and licensing requirements relating
to alcoholic beverages. Chapter 4 has not undergone a wholesale update for many years, and currently contains several provisions that are outdated or not in compliance with state law. The attached ordinance amends Chapter 4 in its entirety. The amended chapter now references and
incorporates many definitions, provisions, and requirements of state law, which will allow the City to
quickly implement liquor law amendments that may be adopted by the legislature. The ordinance also adopts similar administrative licensing processes and requirements that are used in other City licensing sections found in Chapter 5. This will allow for ease of administration by City staff and clarity for applicants. While the amendment brings certain requirements of Chapter 4 in line with both state law and
the practices of surrounding communities, it retains most of Chapter 4’s existing substantive licensing
requirements, conditions, and penalties. The Council approved first reading of the ordinance on June 13, 2023. No changes have been made since first reading.
Attachment Ordinance Resolution Adopting Summary Ordinance Summary Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _______-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF
ALCOHOLIC BEVERAGES; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 WHICH AMONG OTHER THINGS CONTAINS PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 4 is amended by deleting the Chapter in its entirety and replacing it
with the following:
CHAPTER 4
ALCOHOLIC BEVERAGE LICENSING AND REGULATION
SECTION 4.01. ADOPTION OF STATE LAW.
The provisions of Minnesota Statutes Chapter 340A, as it may be amended from time to time, are adopted
and made a part of this chapter as if fully set out herein, except as hereinafter modified. Where there is an
inconsistency between the provisions of Minnesota Statutes Chapter 340A and the provisions of this
chapter, the more restrictive governs.
SECTION 4.02. DEFINITIONS.
As used in this chapter, unless otherwise stated in specific sections, the following words and terms have the
meanings stated. The definitions contained in Minn. Stat. § 340A.101 and City Code Section 5.01 govern
any other terms used in this chapter but not defined in this section.
Brewer Taproom is a brewer licensed under Minn. Stat. § 340A.301, Subd. 6, clause (c), (i), or (j) who also
holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of
or adjacent to a brewery location owned by the brewer.
Cocktail Room is an establishment on the premises of or adjacent to one distillery location owned by a
distiller for the on-sale of distilled liquor produced by the distiller.
Growler is malt liquor sold off-sale by a small brewer or brew pub, which has been produced and packaged
by the brewer in 64-ounce containers commonly known as growlers or in seven hundred fifty (750) milliliter
bottles.
Guest means a person not a member of a club licensee but present on the club licensed premises in the
company of a host member.
Host Member means a member of a club licensee who is entertaining a guest who is in the member's
company at all times such guest is on the club licensed premises.
Member means any person in good standing according to rules and regulations of a licensed club, wherever
located, having evidence of current membership upon their person.
Restaurant is an establishment, other than a hotel, under the control of a single proprietor or manager, where
meals are regularly prepared on the premises and served at tables to the general public and having a seating
capacity for a minimum of one hundred fifty (150) guests.
Restaurant Bowling Center means a restaurant where the primary business is bowling, other family
recreational activities and equipment sales including, but not limited to, bowling, arcade games, and
billiards; and where food, beverage, and vending sales are offered and served. A restaurant bowling center
must have a minimum of forty (40) lanes of bowling available and a minimum of fifty percent (50%) of the
restaurant bowling center's square footage dedicated to bowling, which includes, but is not limited to, the
bowling lanes, approach to the bowling lanes, settee area, mechanical area for pin machines, locker area for
bowling balls, counter space for bowling business transactions, and the bowling pro shop.
Restaurant Movie Theater is an establishment that is both a restaurant and a movie theater in which movies
or motion pictures are shown.
Small Brewer is a brewer licensed under section Minn. Stat. § 340A.301, Subd. 6, clause (c), (i), or (j) who
also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and
packaged by the brewer.
SECTION 4.03. LICENSE REQUIRED.
Subd. 1. Except as provided in Minnesota Statutes Chapter 340A, it is unlawful for any person to directly
or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise
dispose of alcoholic beverages as part of a commercial transaction without having obtained the license or
permit authorized by this chapter and/or Minnesota Statutes Chapter 340A.
Subd. 2. The licenses permitted under this chapter are as follows:
A. 3.2% Malt Liquor
B. Temporary 3.2% Malt Liquor
C. Brewer Taproom and Small Brewer
D. Brew Pub On-Sale and Off-Sale
E. Cocktail Room and Microdistillery Off-Sale
F. On-Sale Intoxicating Liquor
G. Temporary On-Sale Intoxicating Liquor
H. On-Sale Wine
I. Temporary On-Sale Wine
J. Sports or Convention or Community Festival
SECTION 4.04. EXCEPTIONS. No license or permit under this chapter is required, and this chapter does
not apply, to the following:
A. Possession or handling for sale or otherwise of sacramental wine or to any representative of any
religious order or for use in connection with a religious ceremony.
B. Potable liquors that are prescribed by licensed physicians and dentists for therapeutic purposes.
C. Industrial alcohol and its compounds not prepared or used for beverage purposes.
D. Sales by manufacturers to wholesalers licensed by the State of Minnesota and sales by wholesalers
to persons holding licenses issued by the City under this chapter.
SECTION 4.05. INELIGIBILITY.
Subd. 1. The Council may in its sole discretion, for any reasonable cause, refuse to grant any application
for a license or license renewal under this chapter.
Subd. 2. The Council may issue the number of licenses authorized by Minn. Stat. § 340A.413 or may, by
resolution, restrict such number from time to time as it deems proper, in its discretion.
Subd. 3. No license will be issued under this chapter to:
A. A person under twenty-one (21) years of age.
B. A person who within five (5) years of the license application has been convicted of any willful
violation of a federal or state law or local ordinance governing the manufacture, sale, distribution,
or possession for sale or distribution of alcoholic beverages or any felony.
C. A person who has an interest in, or has persons investing in, the business, building, premises,
fixtures, furniture, or equipment of the proposed licensee that had an interest in, as an individual or
as part of a firm, association, partnership, corporation, limited liability company, or joint venture,
an alcoholic beverage license that was revoked or suspended within the last five (5) years of the
date the application is submitted to the City.
D. A person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler, except to a
microdistillery, brew pub, brewer taproom, or small brewer.
E. Except for temporary licenses, any building within three hundred (300) feet of any elementary or
secondary school building or within one hundred (100) feet of any church building, as measured
from the main entrance of each building.
F. For operation on any premises upon which taxes, assessments, or installments thereof are owed by
the applicant and are delinquent and unpaid, unless the following apply:
1. The delinquent and unpaid taxes, assessments, or installments thereof are the subject of an
agreement between the taxpayer and the Hennepin County Treasurer that provides for the
payment of the delinquent and unpaid taxes, assessments, or installments, together with
any penalty and interest thereon in twelve (12) equal monthly payments commencing on
or before the date the license is granted, and further provides that any unpaid amount,
together with any additional penalty and interest will be paid on or before the date of the
payment of the last installment, and
2. The applicant enters into an agreement with the City affirming that noncompliance with
the terms of the agreement with the Hennepin County Treasurer is sufficient grounds to
suspend or revoke the license.
For the purpose of this subsection, “applicant” includes persons and related persons owning,
directly or indirectly, (1) at least a fifty percent (50%) beneficial interest in the proposed licensee
or in an entity owning such interest in the proposed licensee or in the entity making the application
and (2) at least an undivided one-half interest in the premises proposed to be licensed or at least a
fifty percent (50%) beneficial interest in the entity owning such premises.
G. Any premises that is owned or leased by any person who is otherwise prohibited from obtaining a
license under this chapter.
Subd. 4. Limitation on Ownership. No person may be granted a license at more than two (2) locations in
the City. For the purpose of this subdivision, any person owning an interest of five percent (5%) or more of
the entity to which the license is issued, or such ownership by a member of their immediate family, will be
deemed to be a licensee.
SECTION 4.06. LICENSE APPLICATIONS.
Subd. 1. Application. All applications for licenses issued under this chapter must be made on forms
supplied by the City and/or by the State. All questions asked or information required by the application
forms must be answered fully and completely by the applicant.
A. Corporate/LLC Applicants and Licensees. An applicant that is a corporation or limited liability
company (LLC), at the time of application, must furnish the City with a list of all persons that have
an interest in such corporation or LLC and the extent of such interest. For a corporation, the list
must name all shareholders holding more than five percent (5%) of all issued and outstanding stock
of the corporation and show the number of shares held by each, either individually or beneficially
for others. For an LLC, the list must name all members owning more than five (5%) of the
membership interests of the LLC and show the percentage of membership interests held by each,
either individually or beneficially for others. It is the duty of each corporate or LLC licensee to
notify the Licensing Technician in writing of any change in legal ownership or beneficial interest
in such corporation or in such shares or in such LLC or its membership interests. Notice of such
change must be given within ten (10) days of its occurrence. Any change in the ownership or
beneficial interest in the shares or membership interests entitled to be voted at a meeting of the
shareholders of a corporate licensee or the members of a LLC licensee, which results in the change
of voting control of the company, will be deemed equivalent to a transfer of the license issued to
the corporation or LLC. Upon request, the corporate licensee must allow the City at any reasonable
time to examine the stock or membership transfer records and minute books of the company in
order to verify and identify the shareholders or members. Any other licensee must allow the City
upon request to examine its business records to the extent necessary to disclose the interest that
persons other than the licensee have in the licensed business.
B. Property Ownership and Leases. Each applicant for a license must provide, for the property on
which the licensed business will operate, (1) such information as is requested by the City to
establish the record owner of the property, and (2) copies of all leases currently in effect.
C. Every application for the issuance or renewal of a license for the sale of alcoholic beverages must
include a copy of each summons received by the applicant under Minn. Stat. § 340A.802 during
the preceding year.
Subd. 2. False Statements. It is unlawful for any applicant to intentionally make a false statement or
omission on any application. Any false statement in such application or any willful omission to state any
information called for on such application will, upon discovery of such falsehood, be grounds for denial or,
if already issued, for revocation or nonrenewal of the license.
Subd. 3. Application, Investigation, and License Fees.
A. Application and Investigation Fee. At the time of the initial application, applicants for on-sale
liquor licenses, beer licenses, on-sale wine licenses, cocktail room licenses, brewer taproom
licenses and on-sale brew pub licenses must pay a fee to the City which will be considered an
application and investigation fee, not refundable to applicant, to cover the costs of the City in
processing the application and the investigation of the application. No such fee is required of an
applicant for any temporary license, a microdistillery off-sale license, a small brewer license, or an
off-sale brew pub license. An application will not be deemed complete until the application and
investigation fee has been paid.
B. License Fee. Upon approval of an application, whether initial or renewal, the license will not be
effective until a separate license fee is paid. The license fee is not refundable except as provided in
subsection D of this subdivision 3. If the license issued is for less than a full year, the license fee
will be prorated based on the date of issuance of the license.
C. All application, investigation, and licensee fees provided for in this subdivision will be fixed and
determined by the Council and may, from time to time, be amended by the Council. As required
by Minn. Stat. § 340A.408, subd. 3a, any increase in license fees for 3.2% malt liquor and on-sale
intoxicating liquor will be preceded by notice and a public hearing. Notice of the proposed increase
will be mailed to all affected licensees at least 30 days before the date set for the public hearing.
D. License Fee Refund in Certain Cases. A pro-rata share of an annual license fee for a license issued
under this chapter will be refunded to the licensee or to the licensee’s estate only under the
following circumstances: (i) the business permanently ceases to operate because of destruction or
damage, (ii) the licensee dies, (iii) the business ceases to be lawful for a reason other than a license
revocation, or (iv) the licensee ceases to carry on the licensed business. Under any of these
circumstances, the license will automatically expire.
Subd. 4. Manager or Agent. If the applicant is an individual who is a non-resident of the City, more than
one individual whether or not they are residents of the City, or a firm, association, partnership, corporation,
limited liability company, or joint venture, the applicant must include the name of the natural person who
will serve as the manager or agent of the licensed premises. Such manager or agent must, by the terms of
their written consent, (1) take full responsibility for the conduct of the licensed premises and (2) serve as
agent for service of notices and other process relating to the license. Such manager or agent must be a
person who could qualify individually as a licensee. A licensee must notify the City in writing within 15
days of any change in such manager or agent, indicating the name and address of the new manager or agent
and the effective date of such change. Failure of the licensee to provide this notice will be grounds for
revocation, suspension, or nonrenewal of the license.
Subd. 5. Investigation. The City is empowered to conduct any and all investigations to verify the
information on applications and renewal applications submitted under this chapter, including but not limited
to ordering a criminal history check pursuant to Minn. Stat. § 299C.72 and conducting an inspection of any
premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial or
nonrenewal of the license.
Subd. 6. Consideration and Issuance. After the information on the application has been verified as correct
by the City pursuant to subdivision 5 above, an initial application for a license under this chapter will be
presented to the City Council for issuance or denial.
A. Issuance. Upon the City Council’s approval of an application and the applicant’s payment of the
license fee, the Licensing Technician will issue and mail a license to the applicant at the address
noted in the application.
B. Denial. The City Council may deny a license on the grounds set forth in Section 4.05, and/or on
the same grounds for which a license may be suspended or revoked as set forth in Section 4.09. A
denial of an application will be communicated to the applicant in writing, including findings
supporting the decision. The notice of denial will be mailed by regular mail to the applicant at the
address listed on the application.
C. Conditional Licenses. The Council may place such conditions and restrictions upon any license as
it deems reasonable and justified, in its sole discretion. Every license is granted subject to the
provisions of this chapter and all other laws relating to the operation of the licensee’s business.
D. If a separate or additional license is required under federal or state law for the licensee’s business,
no license issued under this chapter will be valid until such separate license is issued.
E. A license is valid only at one (1) location and on the premises described in the license.
Subd. 7. Term of License. Licenses issued under this chapter will expire on December 31 of each year.
The Council may approve an application for the period of the remainder of the then-current license year
and/or for the entire ensuing license year.
Subd. 8. License Renewal. Applications for renewal of all licenses under this chapter must be made at
least sixty (60) days prior to the date of expiration of the license and must contain such information as is
required by the City. This renewal deadline may be waived by the Council for good and sufficient cause.
Consideration and issuance of a renewal application will follow the procedure provided in subdivision 6.
Subd. 9. Change of Information. A licensee must notify the City within thirty (30) days of a change in
the information or facts required to be furnished on the application for a license, even after the license has
been issued. Failure to comply with this subdivision is cause for suspension, revocation, or nonrenewal of
the license.
SECTION 4.07. FINANCIAL RESPONSIBILITY OF APPLICANTS AND LICENSEES.
Subd. 1. Proof. No alcoholic beverage license will be issued, maintained, or renewed unless and until the
applicant has provided proof of financial responsibility imposed by Minn. Stat. § 340A.409, by filing with
the City:
A. A certificate that there is in effect for the license period an insurance policy or pool providing
minimum coverages of:
1. $50,000 because of bodily injury to any one (1) person in any one (1) occurrence, and
$100,000 because of bodily injury to two (2) or more persons in any one (1) occurrence,
and in the amount of $10,000 because of injury to or destruction of property of others in
any one (1) occurrence;
2. $50,000 for loss of means of support of any one (1) person in any one (1) occurrence and
$100,000 for loss of means of support of two (2) or more persons in any one (1) occurrence,
$50,000 for other pecuniary loss of any one (1) person in any one (1) occurrence; and
3. An annual aggregate policy limit for dram shop liability of not less than $310,000 per
policy year or such higher amount as specified by state statute.
B. A bond of a surety company with minimum coverages as provided in subsection A of this section;
or
C. A certificate of the Minnesota Commissioner of Management and Budget that the licensee has
deposited with the commissioner $100,000 in cash or securities which may legally be purchased
by savings banks or for trust funds having a market value of $100,000.
D. The coverage amounts listed in this subdivision are minimum requirements. If Minn. Stat. §
340A.409 is amended to require higher minimum coverage amounts, such higher amounts will
apply.
Subd. 2. Exemption. This section does not apply to licensees identified in Minn. Stat. § 340A.409, Subd.
4. An applicant seeking to use this exemption must, prior to issuance of a license, provide to the City a copy
of the affidavit required by statute.
Subd. 3. The liability insurance policy, bond, or certificate of the commissioner required above must
provide that it may not be canceled for:
A. Any cause, except for nonpayment of premium, by the licensee, the insurance company, bond
company, or commissioner without first giving sixty (60) days’ notice in writing to the licensee of
intent to cancel the policy; and
B. Nonpayment of premium unless the canceling party has first given ten (10) days’ notice in writing
to the licensee of intent to cancel the policy.
The policy must also provide that, in the event of cancellation, the insurer will send notice to the City at the
same time that a cancellation request is received from or a notice is sent to the licensee. Such notice must
be addressed to the Licensing Technician.
Subd. 4. Documents Submitted to Commission. All proofs of financial responsibility and exemption
affidavits filed with the City under this section will be submitted by the City to the Minnesota Commissioner
of Public Safety.
SECTION 4.08. CONDITIONS, RESTRICTIONS, AND REGULATIONS.
Subd. 1. Applicable Law. A license is subject to the conditions, restrictions, and regulations in this chapter,
all other provisions of City Code, and all provisions of other applicable federal, state, and local laws,
regulations, and ordinances.
Subd. 2. Duplicate Licenses. Duplicates of all original licenses under this chapter may be issued by the
Licensing Technician without action by the Council.
Subd. 3. Posting. A license must be posted in a conspicuous place in the premises for which it is issued
and must be exhibited to any person upon request.
Subd. 4. Premises Licensed. Unless expressly stated in the license, a license issued under this chapter is
valid only in the compact and contiguous space situated on the premises described in the license; and all
transactions relating to a sale under such license must take place within such space, except that in the case
of a restaurant licensed on-sale and located on a golf course, “licensed premises” means the entire golf
course except for areas where motor vehicles are regularly parked or operated.
Subd. 5. Principal Part of Business.
A. Restaurant. A restaurant licensed under this chapter, including a brew pub, must be conducted in
such manner that the principal part of the business for a license year is the serving of food. For
restaurants, “principal part” means forty percent (40%) or more of the gross receipts.
B. Hotel. A hotel licensed under this chapter must be conducted in such manner that, in relation to that
part of the total business attributable to or derived from the serving of food and alcoholic beverages,
the principal part of the business for a license year is the serving of food. For hotels, “principal
part” means forty percent (40%) or more of the gross receipts.
C. Restaurant Bowling Center. A restaurant bowling center licensed under this chapter must be
conducted in such manner that the principal part of the business for a license year is composed of
food, beverage, vending machine sales, bowling activity and other recreational activities and sales
including, but not limited to, bowling, bowling equipment, arcade games, and billiards. For
restaurant bowling centers, “principal part” means seventy percent (70%) or more of gross receipts.
D. Restaurant Movie Theater. A restaurant movie theater licensed under this chapter must be
conducted in such manner that the principal part of the business for a license year is the serving of
food and the sale of movie tickets. For restaurant movie theaters, “principal part” means seventy
percent (70%) or more of the gross receipts.
Subd. 6. Premises Subject to Inspection. All premises licensed under this chapter must at all times be
open to inspection by any police officer, building inspector, or any properly designated officer or employee
of the City or the State to determine whether or not this chapter and all other laws are being observed. If
such officers are denied free access or are hindered or interfered with in making an inspection, the licensee
is subject to suspension, revocation, or nonrenewal as provided in Section 4.09.
Subd. 7. Conduct on Licensed Premises. Every licensee under this chapter is responsible for the conduct
of the licensed place of business and must maintain conditions of sobriety and order therein.
Subd. 8. Transfer. No license is transferable between persons or location without the consent of the
Council.
Subd. 9. Termination. Licenses will terminate upon expiration or revocation.
Subd. 10. Amendment of Licensed Premises. A holder of an on-sale intoxicating liquor license may apply
to the Licensing Technician for a temporary amendment of the licensed premises, at least sixty (60) days
in advance, for any event at which the licensee proposes to amend the licensed premises to provide for
service of alcoholic beverages in a compact and contiguous area not included in the original license
application (the “temporary premises”). Included in that application, the licensee must submit a site plan
depicting the temporary premises from which alcoholic beverages are to be dispensed and consumed, the
maximum anticipated number of guests attending the event, and the total occupancy load for the temporary
premises. The application must include evidence of insurance for the temporary premises and payment of
the temporary amendment processing fee set forth in the City Fee Resolution. A security plan and parking,
pedestrian circulation, and traffic directional plan approved by the Chief of Police or their designee and a
fire safety plan approved by the Fire Chief or their designee may also be required, as deemed necessary by
the City. The City Council will consider all such amendments to the licensed premises using the following
criteria:
A. The temporary premises must be immediately adjacent to the licensed premises;
B. The temporary premises must be used in connection with a special event no longer than three (3)
days in duration;
C. No more than three (3) temporary amendments per year will be allowed for a licensee at one (1)
establishment, and a temporary license issued to a non-profit, charitable, religious, or political
organization that contracts with the licensee for provision of service will be counted as part of this
total;
D. Adequate measures must be taken to control access to the temporary premises to ensure that
alcoholic beverages will not be furnished in violation of state law or this City Code to persons under
the age of twenty-one (21) years or obviously intoxicated persons, and to ensure that alcoholic
beverages will not be carried outside of the licensed premises or the temporary premises;
E. Adequate measures must be taken to ensure that there will not be a violation of the City’s noise
ordinance;
F. The use of the temporary premises must not decrease available parking below that required for the
licensed premises by Chapter 11;
G. The use of the temporary premises must not unreasonably impede traffic circulation;
H. The licensee has obtained adequate liability insurance for the temporary premises; and
I. The issuance of the temporary amendment must not be adverse to the public health, safety, and
welfare.
Subd. 11. It is unlawful for any:
A. Club or any business establishment to allow the consumption or display of liquor or the serving of
any liquid for the purposes of mixing liquor therewith, unless duly licensed under the provisions of
this chapter.
B. Licensee to permit anyone under the age of twenty-one (21) years to consume alcoholic beverages
on the licensed premises.
C. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon the
licensed premises for the purpose of consuming, purchasing, or procuring alcoholic beverages.
Such proof of age may be established only as set forth in Minn. Stat. § 340A.503, Subd. 6.
D. Licensee to hinder or prevent an inspection as provided in subdivision 6 to determine whether or
not the provisions of this chapter and all laws are being observed.
E. Licensee to sell alcoholic beverages on any day or at any time when such sales are not permitted
by law.
F. Licensee to permit consumption of alcoholic beverages on the licensed premises more than twenty
(20) minutes after the hour when a sale thereof can legally be made.
G. On-sale licensee to permit any glass, bottle or other container containing an alcoholic beverage in
any quantity, to remain upon any table, bar stool, or other place where customers are served, more
than twenty (20) minutes after the hour when a sale thereof can legally be made.
H. Licensee to permit any gambling or gambling device upon the licensed premises except such as are
licensed by the State of Minnesota.
I. Licensee to sell alcoholic beverages to any person who is obviously intoxicated.
J. Licensee to sell, offer for sale, or keep for sale, alcoholic beverages in any original package which
has been refilled or partly refilled, except for the off sale of malt liquor by a brew pub or small
brewer as permitted by this chapter.
K. On-sale licensee to display alcoholic beverages to the public during hours when sale of these
beverages is prohibited.
L. Licensee to employ, hire, allow or permit any person to dance or perform, or remain in or upon the
licensed premises while such person is unclothed or in such attire, costume or clothing as to expose
to view any portion of the breast below the top of the areola, or any of any portion of the pubic hair,
anus, cleft of the buttocks, or genitals.
Subd. 12. Club Licensee Restrictions. The following are in addition to all other unlawful acts set forth in
this chapter relating to sales and purchases of alcoholic beverages. It is unlawful for any:
A. Club licensee to sell alcoholic beverages to any person not a member of the licensed club.
B. Club licensee to serve alcoholic beverages to any non-member of the licensed club unless such
non-member is a guest.
C. Person who is not a member of the licensed club to purchase alcoholic beverages from the club.
D. Person to refuse, upon request of the licensee or police officer, to provide information as to whether
they are a member, guest, or host member or to give false, fraudulent, or misleading information in
response to such request.
Subd. 13. Restaurant Movie Theater Licensee Requirements and Restrictions.
A. Requirements. The following are in addition to all other requirements set forth in this chapter. Every
restaurant movie theater must:
1. Be under the control and ownership of a single person. No part of the restaurant or the
movie theater, including but not limited to the property, equipment, and operations, may
be owned or controlled by separate persons.
2. Consist of one (1) stand-alone structure containing a minimum of seventy thousand
(70,000) square feet.
3. Have a minimum of fifty (50) tables, each with a table top containing a minimum of four
hundred thirty-three (433) square inches. The tables must be permanently attached to the
floor and the seats must be permanently attached to the floor or the table. The tables must
be divided proportionately between the movie screening rooms in which alcoholic
beverages are allowed.
4. Appoint a manager pursuant to Section 4.06, Subdivision 4, which manager must manage
both the restaurant and the movie theater.
B. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this chapter. It
is unlawful for any restaurant movie theater licensee to:
1. Offer any discounts or happy hours.
2. Allow any alcoholic beverage in any movie screening room where there are no tables.
3. Offer or sell wine or distilled spirits by the bottle.
4. Offer or sell wine in any amount exceeding eight (8) fluid ounces per serving.
5. Offer or sell distilled spirits in any amount exceeding three (3) fluid ounces per serving.
6. Offer or sell malt liquor in any amount exceeding twenty-four (24) fluid ounces per serving.
7. Offer or sell any alcoholic beverages containing more than fifty percent (50%) alcohol by
volume.
8. Offer or sell any alcoholic beverage not in the original packaging without using a
measuring device.
9. Offer or sell any more than two (2) alcoholic beverages to one (1) person in the same sale
transaction.
SECTION 4.09. CIVIL PENALTIES, SUSPENSION, AND REVOCATION.
Subd. 1. Grounds for Civil Penalties, Suspension, or Revocation. The City may impose civil penalties
and suspend or revoke a license granted pursuant to this chapter. The following are grounds for suspension
or revocation of a license:
A. Fraud, misrepresentation, or false statement contained in a license application or a renewal
application.
B. Fraud, misrepresentation, or false statement made in the course of carrying on the licensed business.
C. The sale of alcoholic beverages to another retail licensee for the purpose of resale.
D. The purchase of alcoholic beverages from another retail licensee for the purpose of resale.
E. Conducting or permitting the conduct of gambling on the licensed premises in violation of the law.
F. Failure to remove or dispose of alcoholic beverages when ordered to do so by the commissioner
under Minn. Stat. § 340A.508, subdivision 3.
G. Failure to comply with any applicable statute, regulation, or ordinance, including this chapter,
relating to alcoholic beverages or the operation of the licensed premises.
H. Failure to comply with any license condition imposed by the City.
I. Failure to pay the amount of any penalty imposed within thirty (30) days after notice in writing
from the City of the decision to impose a penalty.
Subd. 2. Sanctions. Upon a finding of a violation of any of the grounds listed in Subdivision 1, the Council
may revoke the license, suspend the license for a period not to exceed sixty (60) days, or impose a civil
penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions. The civil
penalty, suspension, or revocation imposed pursuant to this section will be based on the licensee’s total
number of violations at the specific location at which the violation occurred within the preceding 24-month
period as follows:
First Violation: $500
Second Violation: $1,000
Third Violation: $1,500, plus two-day suspension of license
Fourth Violation: $2,000, plus a suspension of not less than 5 days nor more than 60 days or
revocation as determined by the City Council.
Payment of the civil penalty must be made within thirty (30) days of issuance of the notice referred to in
Subdivision 3. A suspension for a third violation under this section must be served for consecutive days
starting on the first Monday following the later of the expiration of the time to request a hearing under
Subdivision 3, if a hearing is not requested, or, if a hearing has been timely requested, the date a decision
is rendered pursuant to Subdivision 3.1.b that a violation occurred. A suspension for a fourth violation under
this section must be served in the manner and at such time as decided by the City Council.
Subd. 3. Procedure. The following process will apply to violations described in this section.
A. Notice. Upon discovery of a suspected violation of this section, the Chief of Police or their designee
will issue a violation notice to the licensee that sets forth the nature of the violation(s) or grounds
for the civil penalty, suspension, or revocation and must inform the licensee of the licensee’s right
to request in writing a hearing within ten (10) days of the date contained in the notice to dispute the
penalty, suspension, or revocation. The notice will be mailed by regular mail to the licensee at the
most recent address listed on the license application. The licensee must either pay the scheduled
fine or request a hearing under Subdivision 3.B. of this section. If a written hearing request is not
received by the City within ten (10) days of the date contained in the notice, the licensee’s right to
a hearing will be deemed waived. Payment of the fine constitutes admission of the violation.
B. Hearing. If a hearing is requested, the Chief of Police or their designee will provide written notice
to the licensee of the date, time, and place of the hearing. The hearing must be held within forty-
five (45) days of the date that the City received the written hearing request from the licensee. The
notice of the hearing must be served in the same manner as the initial notice. The notice must be
served no less than fifteen (15) days and no more than thirty (30) days prior to the hearing.
1. First, Second, or Third Violation.
a. If the hearing notice is for a first, second, or third violation, the hearing will be
held by an impartial hearing officer appointed by the Chief of Police or their
designee. Upon conclusion of the hearing, the hearing officer must, within ten (10)
days, make their recommendation to the City Manager in writing. If the hearing
officer’s recommendation is denial of a renewal application or suspension of the
license, they must include in the written recommendation findings and conclusions
supporting the decision.
b. Within thirty (30) days of receipt of the hearing officer’s written recommendation,
the City Manager will make a decision on whether the license will be denied
renewal, the penalty imposed, or the license suspended. The City Manager must
inform the licensee in writing of the decision, including findings and conclusions
supporting the decision, within ten (10) days.
c. No appeal is allowed to the City Council under Section 2.80 of the City Code from
a decision of the City Manager under this Section. The City Council may, on its
own motion, determine to review the decision of the City Manager.
2. Fourth Violation. If the hearing notice is for a fourth violation, the hearing will be held
before the City Council. The Council will make a written decision on the penalty to be
imposed within forty-five (45) days of the date of the hearing. The written decision will
include findings and conclusions supporting the decision and a copy will be promptly
provided to the licensee.
Subd. 4. Continued Violation. Each violation, and every day in which a violation occurs or continues, will
constitute a separate offense.
Subd. 5. Late Payment. A late payment fee of ten percent (10%) of the penalty will be assessed for each
thirty (30) day period in which a penalty remains unpaid after the due date.
Subd. 6. Criminal Prosecution. Nothing in this section will prohibit the City from seeking criminal
prosecution for any violation of this section that also constitutes a crime under state law. Such prosecution
may be in addition to an administrative penalty under this section.
SECTION 4.10. TYPES OF LICENSES.
Subd. 1. 3.2% Malt Liquor License.
A. Off-sale 3.2% malt liquor licenses may be issued as permitted by Minn. Stat. § 340A.403, subd. 1.
B. On-sale 3.2% malt liquor licenses may be issued to drugstores, restaurants, hotels, clubs, bowling
centers, golf courses, and establishments used exclusively for the sale of 3.2% malt liquor with the
incidental sale of tobacco and soft drinks, as permitted by Minn. Stat. § 340A.403, subd. 1 and
Minn. Stat. § 340A.411.
Subd. 2. Temporary 3.2% Malt Liquor License.
A. A club or charitable, religious, or non-profit organization may apply for a temporary on-sale 3.2%
malt liquor license for serving 3.2% malt liquor. A temporary 3.2% malt liquor license may be
issued for any location in the City that meets the requirements of this chapter, including on school
grounds and in school buildings.
B. No organization may be issued more than three four-day, four three-day, six two-day, or 12 one-
day temporary 3.2% malt liquor licenses, in any combination not to exceed twelve (12) days per
year for any one (1) location, within a 12-month period.
Subd. 3. Brewer Taproom and Small Brewer License.
A. Brewer taproom licenses may be issued in accordance with and subject to the requirements of Minn.
Stat. § 340A.26.
B. A small brewer off-sale license may be issued in accordance with and subject to the requirements
of Minn. Stat. §§ 340A.28, 340A.285, and 340A.29.
Subd. 4. Brew Pub On-Sale and Off-Sale License.
A. A brew pub may apply for an on-sale intoxicating liquor, on-sale wine, or 3.2% malt liquor brew
pub license for a restaurant operated in the place of manufacture. On-sale brew pub licenses are
subject to all conditions and restrictions contained in Minn. Stat. § 340A.24.
B. A brew pub that holds an on-sale brew pub license may apply for an off-sale brew pub license for
the sale of malt liquor produced and packaged at the licensed premises. Off-sale brew pub licenses
are subject to all conditions and restrictions contained in Minn. Stat. §§ 340A.24 and 340A.285.
Subd. 5. Cocktail Room and Microdistillery Off-Sale License.
A. A microdistillery may apply for a cocktail room license for the on-sale of distilled spirits. Cocktail
room licenses are subject to all conditions and restrictions contained in Minn. Stat. § 340A.22.
B. A microdistillery may apply for a microdistillery off-sale license for the off-sale of distilled spirits.
Microdistillery off-sale licenses are subject to all conditions and restrictions contained in Minn.
Stat. § 340A.22.
Subd. 6. On-Sale Intoxicating Liquor License. An applicant may apply for an on-sale intoxicating liquor
license for a hotel, restaurant, restaurant movie theater, restaurant bowling center, or club.
Subd. 7. Temporary On-Sale Intoxicating Liquor License.
A. A club, charitable, religious, or other non-profit organization in existence for at least three (3) years,
a political committee registered under Minn. Stat. § 10A.14, or a state university may apply for a
temporary on-sale intoxicating liquor license in accordance with and subject to the requirements of
Minn. Stat. §§ 340A.404, subd. 10 and 340A.410, subd. 10.
B. A small brewer or microdistillery may apply for a temporary on-sale intoxicating liquor license in
accordance with and subject to the requirements of Minn. Stat. §§ 340A.404, subd. 10(c) and
340A.410, subd. 10.
Subd. 8. On-Sale Wine License.
A. An applicant may apply for an on-sale wine license for a restaurant, restaurant bowling center, or
restaurant movie theater that has appropriate facilities for seating not less than fifty (50) guests at
one (1) time in accordance with and subject to the requirements of Minn. Stat. § 340A.404, subd.
5.
B. The holder of an on-sale wine license may sell wine on all days of the week.
C. The holder of an on-sale wine license who also holds an on-sale 3.2% malt liquor license may sell
malt liquor containing in excess of 3.2% of alcohol by weight at on-sale without an additional
license.
Subd. 9. Temporary On-Sale Wine. A club, charitable, religious, or other non-profit organization in
existence for at least three (3) years, a political committee registered under Minn. Stat. § 10A.14, or a state
university may apply for a temporary on-sale wine license in accordance with and subject to the
requirements of Minn. Stat. §§ 340A.404, subd. 10 and 340A.410, subd. 10.
Subd. 10. Sports or Convention and Community Festival Authorization.
A. The Council may authorize any holder of an on-sale intoxicating liquor license issued by the City
or by an adjacent municipality to dispense intoxicating liquor at any convention, banquet,
conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural
facility owned by the City, in accordance with and subject to the requirements of Minn. Stat. §
340A.404, subd. 4(a).
B. The Council may authorize a holder of an on-sale intoxicating liquor license issued by the City to
dispense intoxicating liquor off premises at a community festival held within the City, in
accordance with and subject to the requirements of Minn. Stat. § 340A.404, subd. 4(b).
SECTION 4.11. MUNICIPAL LIQUOR STORE.
Subd. 1.Establishment. A municipal liquor store is hereby established to be operated within the City for
the off-sale and on-sale of intoxicating liquor. The municipal liquor store will be at such place or places as
the Council may determine from time-to-time and may be either leased or owned by the City.
Subd. 2. Liquor Fund. A liquor fund is hereby created into which all revenues received from the operation
of the municipal liquor store will be paid and from which all operating expenses will be paid. Any surplus
accumulating in this fund may, from time to time, be transferred to the general fund by resolution of the
Council and expended for any lawful municipal purpose.
SECTION 4.12. DAYS AND HOURS OF SALES.
Subd. 1. 3.2% Malt Liquor. Sale of 3.2% malt liquor may be made only during those hours permitted by
Minn. Stat. § 340A.504, Subd. 1.
Subd. 2. Intoxicating Liquor On-sale. On-sale of intoxicating liquor may be made only during those hours
permitted by Minn. Stat. § 340A.504, Subd. 2.
Subd. 3. Intoxicating Liquor Off-sale. Off-sale of intoxicating liquor, including off-sale by licensed
microdistilleries, small brewers, and brew pubs as permitted by this chapter, may be made only during those
hours permitted by Minn. Stat. § 340A.504, Subd. 4.
Subd. 4. 2:00 a.m. The hours during which alcoholic beverages may be sold are extended to 2:00 a.m. for
licensees who obtain a permit from the Commissioner of Public Safety pursuant to Minn. Stat. § 340A.504,
Subd. 7.
Subd. 5. Sunday On-sale.
A. Brew pubs, hotels, restaurants, restaurant bowling centers, restaurant movie theaters, and clubs may
apply for Sunday on-sale liquor licenses subject to, and for the hours set forth in, Minn. Stat. §
340A.504, Subd. 3.
B. Brewer taprooms may apply for Sunday on-sale malt liquor licenses subject to Minn. Stat. §
340A.26 for the hours set forth in Minn. Stat. § 340A.504, Subd. 3 for other Sunday sales.
C. Microdistillery cocktail rooms may apply for Sunday on-sale of distilled spirits licenses subject to
Minn. Stat. § 340A.22 for the hours set forth in Minn. Stat. § 340A.504, Subd. 3 for other Sunday
sales.
SECTION 4.13. PURCHASE, POSSESSION, AND CONSUMPTION OF ALCOHOLIC
BEVERAGES.
Subd. 1. It is unlawful for any:
A. Person under the age of twenty-one (21) years to consume any alcoholic beverage unless in the
household of his or her parent or guardian and with the consent of the parent or guardian.
B. Person under the age of twenty-one (21) years to possess any alcoholic beverage with the intent to
consume it at a place other than the household of his or her parent or guardian. Possession at a place
other than the household of the parent or guardian is prima facie evidence of intent to consume it
at a place other than the household of the parent or guardian.
C. Person under the age of twenty-one (21) years to purchase or attempt to purchase any alcoholic
beverage, unless under the direction of a licensed peace officer for compliance and education
purposes.
D. Person under the age of twenty-one (21) years to enter an establishment licensed under this chapter
for the purpose of purchasing or having served or delivered any alcoholic beverage. Persons under
twenty-one (21) years may enter establishments licensed under this chapter in order to: consume
meals; attend social functions that are held in a portion of the establishment where liquor is sold;
and perform work for the establishment, except that persons under eighteen (18) years are
prohibited from selling or serving any alcoholic beverage.
E. Person under the age of twenty-one (21) years to claim to be twenty-one (21) years old or older for
the purpose of purchasing alcoholic beverages.
F. Person to induce a person under the age of twenty-one (21) years to purchase or procure any
alcoholic beverage.
G. Person to consume an alcoholic beverage on licensed premises more than twenty (20) minutes after
the hour when a sale thereof can legally be made.
H. Person to purchase alcoholic beverages on any day or during any hour when sales are not permitted
by law.
I. Person to sell, barter, furnish, or give alcoholic beverages to a person under twenty-one (21) years
of age except that a parent or guardian of a person under twenty-one (21) years of age may give or
furnish alcoholic beverages to that person solely for consumption in the household of the parent or
guardian.
SECTIONS 4.14−4.98. – RESERVED.
SECTION 4.99. VIOLATION A MISDEMEANOR.
Every person violates a section, subdivision, paragraph, or provision of this chapter when he or she performs
an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or
declared unlawful, and upon conviction thereof may be punished as for a misdemeanor except as otherwise
stated in specific provisions hereof.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation” is hereby adopted in its entirety, by reference,
as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day
of June, 2023, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 11th day of July, 2023.
ATTEST:
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2023.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__ 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 11th day of July, 2023.
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 July 11, 2023. ___________________________
Ronald A. Case, Mayor
ATTEST:
_____________________________ Nicole Tingley, City Clerk
EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF
ORDINANCE NO. __-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends City Code Chapter 4 in its entirety. The ordinance
updates Chapter 4 to reference and incorporate many definitions, provisions, and requirements of state law to allow for easier implementation and account for state law changes. The ordinance also adopts administrative licensing processes and requirements consistent with other City licensing sections for ease of administration.
Effective Date: This Ordinance shall take effect upon publication. ATTEST:
__________________________ __________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______________________, 2023. (A full copy of the text of this Ordinance is available from City Clerk.)
1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Ben Schneider
ITEM DESCRIPTION:
Bush Lake Pet Hospital
ITEM NO.:
VIII.C.
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance for the Planned Unit Development District Review with waivers and a Zoning Change from Office (OFC) to Neighborhood Commercial (N-COM) on 1.19
acres;
• Adopt a Resolution for Site Plan Review on 1.19 acres; and
• Approve the Development Agreement for Bush Lake Pet Hospital Synopsis This is the final reading for the proposed 5,074 square foot, single-level commercial building at the vacant parcel across Hennepin Town Road from the Bluff Country Village townhome development. About 3,958 square feet would be occupied by Bush Lake Pet Hospital, while the other 1,015 square feet would be for an additional commercial or office tenant, to be determined. In addition to a Site Plan Review, the applicant
is requesting a Zone Change to Neighborhood Commercial (N-COM) from Office (OFC) to accommodate the proposed vet clinic use. The developer is also requesting PUD waivers for minimum lot size and lot depth in the N-COM district. Background
On June 13, 2023, City Council approved the 1st reading of this request and directed staff to prepare a development agreement. The 120-day review period expires on August 15, 2023. Attachments 1. Ordinance for PUD and Zone Change 2. Ordinance Summary 3. Resolution for Site Plan
4. Development Agreement
BUSH LAKE PET HOSPITAL
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023-PUD-_-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the Office Zoning District and be placed in the Neighborhood Commercial (N-COM) Zoning District.
Section 3. That action was duly initiated proposing that the designation of the land be amended within the N-COM as -2023-PUD-_-2023 (hereinafter "PUD-_-2023”).
Section 4. The City Council hereby makes the following findings:
A. PUD-__-2023 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-__-2023 is designed in such a manner to form a desirable and unified
environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-__-2023 are justified by the design of the
development described therein.
D. PUD-__-2023 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Office Zoning District and placed in the Neighborhood Commercial Zoning
District respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit
Development PUD-__-2023 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 11, 2023, entered into between Highland Ventures, LTD, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-___-2023, and are hereby made a part
hereof.
Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 8. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on
June 13, 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 11th day of July, 2023.
ATTEST:
__________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on__________________, 2023.
EXHIBIT A
Rezone from Office to Neighborhood Commercial
Legal Description: Lot 2, Block 1, Bluff Country Village 3rd Addition, Hennepin County, Minnesota, according to
the recorded plat thereof. Abstract Property
BUSH LAKE PET HOSPITAL
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 2023-___-PUD-___-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of vacant land located north of
10160 Hennepin Town Road from Office to Neighborhood Commercial and amends the
designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST: ___________________________ _____________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______, 2023.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
PUD Legal Description Legal Description Lot 2, Block 1, Bluff Country Village 3rd Addition, Hennepin County, Minnesota, according to the recorded plat thereof. Abstract Property
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR BUSH LAKE PET HOSPITAL BY HIGHLAND VENTURES WHEREAS, Highland Ventures, LTD., has applied for Site Plan approval of Bush Lake Pet Hospital to construct an approximately 5,074 square foot commercial building on property legally described in Exhibit A; and WHEREAS, zoning approval for Bush Lake Pet Hospital was granted by an
Ordinance approved by the City Council on July 11, 2023; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 22, 2023 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its June 13, 2023 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Bush Lake Pet
Hospital, subject to the Development Agreement between Highland Ventures Real Estate IV, LLC. and the City of Eden Prairie, reviewed and approved by the City Council on July 11, 2023.
ADOPTED by the City Council of the City of Eden Prairie this 11th day of July, 2023.
____________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
EXHIBIT A
PUD Legal Description Legal Description
Lot 2, Block 1, Bluff Country Village 3rd Addition, Hennepin County, Minnesota, according to the recorded plat thereof. Abstract Property
CITY COUNCIL AGENDA
SECTION: Consent
DATE
July 11, 2023
DEPARTMENT / DIVISION
Rick Getschow, City Manager
ITEM DESCRIPTION
Second Reading of an Ordinance Granting a Cable Franchise to Comcast
ITEM NO.
VIII.D.
Requested Action Move to: Approve the Second Reading of the Ordinance Granting a Cable Franchise to Comcast and
Adopt Resolution Approving Summary Ordinance Synopsis Effective August 1, 2012 each of the Southwest Suburban Cable Commission Member Cities granted a
cable franchise to Comcast. The initial term of the franchise ran for ten (10) years and was extended by
the Member Cities through January 31, 2023. In 2019 Comcast requested renewal of the franchise and the Cable Commission has since been engaged in informal renewal negotiations with Comcast to reach mutually acceptable terms for a renewal cable
franchise.
On May 24, 2023, the Cable Commission adopted a resolution recommending that the renewal cable franchise be adopted by each Member City.
On June 13, 2023, the Eden Prairie City Council approved the first reading of the ordinance for a
franchise agreement with Comcast to run through 2033. Attachments
Southwest Suburban Cable Commission Resolution
Ordinance Resolution approving the Summary Ordinance
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RESOLUTION NO. 2023-1
RECOMMENDATION OF THE SOUTHWEST SUBURBAN CABLE COMMISSION REGARDING
THE ADOPTION OF A CABLE FRANCHISE TO COMCAST OF MINNESOTA, INC.
Recitals:
1. The Southwest Suburban Cable Commission (“Commission”) administers and enforces
cable franchises pursuant to a joint powers agreement.
2. The Commission consists of the cities of Eden Prairie, Edina, Hopkins, Minnetonka and
Richfield, Minnesota (“Member Cities”).
3. Comcast of Minnesota, Inc. (“Comcast”) currently operates a cable system in each of the
Member Cities under cable television franchises with an effective date of August 1, 2012 (“Existing
Franchises”).
4. In 2019 Comcast contacted each of the Member Cities seeking renewal of the Existing
Franchises.
5. The Commission’s legal counsel, the law firm of Moss & Barnett, a Professional
Association, assisted the Commission in conducting the franchise renewal process.
6. Extensive informal franchise renewal negotiations between Comcast and the Commission
have been completed and a proposed Renewal Cable Television Franchise Ordinance (“Renewal
Franchise”) has been finalized.
7. The Commission finds that the Renewal Franchise will benefit the Member Cities and will
protect the rights and interests of residents and cable subscribers in each of the Member Cities.
NOW THEREFORE, the Southwest Suburban Cable Commission hereby resolves as
follows:
1. The attached May 18, 2023 Renewal Franchise will protect the Member Cities and its
residents and cable subscribers regarding the provision of cable services by Comcast.
2. The Commission recommends that each Member City take action to adopt the Renewal
Franchise.
PASSED AND ADOPTED this 24th day of May, 2023.
SOUTHWEST SUBURBAN CABLE COMMISSION
By:
ATTEST:Patty Latham, Chair
By:
Brian T. Grogan, Attorney for the Commission
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City of Eden Prairie, Minnesota
Ordinance Granting a Cable Television Franchise to
Comcast of Minnesota, Inc. June 1, 2023
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TABLE OF CONTENTS
SECTION 1 DEFINITIONS ....................................................................................................... 1
SECTION 2 FRANCHISE ......................................................................................................... 7
SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY ..................................... 10
SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM ............................................ 14
SECTION 5 SYSTEM DESIGN AND CAPACITY ............................................................... 15
SECTION 6 PROGRAMMING AND SERVICES.................................................................. 17
SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS .................... 20
SECTION 8 REGULATORY PROVISIONS .......................................................................... 26
SECTION 9 BOND .................................................................................................................. 27
SECTION 10 SECURITY FUND .............................................................................................. 27
SECTION 11 DEFAULT ........................................................................................................... 30
SECTION 12 FORECLOSURE AND RECEIVERSHIP .......................................................... 32
SECTION 13 REPORTING REQUIREMENTS ....................................................................... 33
SECTION 14 CUSTOMER SERVICE POLICIES.................................................................... 34
SECTION 15 SUBSCRIBER PRACTICES............................................................................... 40
SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS ..................................... 41
SECTION 17 MISCELLANEOUS PROVISIONS .................................................................... 44
EXHIBIT A COMPLIMENTARY SERVICE LOCATIONS ................................................ A-1
EXHIBIT B EXISTING PEG TRANSFPORT LOCATIONS ................................................B-1
EXHBIT C FRANCHISE FEE PAYMENT WORKSHEET .................................................C-1
EXHIBIT D SUMMARY OF ORDINANCE FOR PUBLICATION ..................................... D-1
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CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ___-2023 AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF MINNESOTA, INC. TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE
CITY OF EDEN PRAIRIE, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR CITY REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM; AND TERMINATING ORDINANCE NO. 26-2012
RECITALS The City of Eden Prairie, Minnesota (“City”) pursuant to applicable federal and state law, is authorized to grant one or more nonexclusive cable television franchises to construct, operate, maintain, and reconstruct cable television systems within the City limits.
Comcast of Minnesota, Inc. (“Grantee”) has operated a Cable System in the City, under a cable television franchise granted pursuant to Ordinance No. 26-2012. Negotiations between Grantee and the City have been completed and the franchise
renewal process followed in accordance with the guidelines established by the City Code,
Minnesota Statutes Chapter 238, and the Cable Act (47 U.S.C. § 546). The Franchise granted to Grantee by the City is nonexclusive and complies with existing applicable Minnesota Statutes, federal laws and regulations.
The City has exercised its authority under Minnesota law to enter into a Joint and
Cooperative Agreement with other cities authorized to grant cable communications franchises and has delegated certain authority to the Southwest Suburban Cable Communications Commission to make recommendations to the City regarding this Franchise and to be responsible for the ongoing administration and enforcement of this Franchise as herein provided.
The City has determined that it is in the best interest of the City and its residents to renew
the cable television franchise with Grantee. NOW, THEREFORE, THE CITY OF EDEN PRAIRIE, MINNESOTA DOES ORDAIN that a franchise is hereby granted to Comcast of Minnesota, Inc., to operate and
maintain a Cable System in the City upon the following terms and conditions:
SECTION 1 DEFINITIONS
For the purpose of this Franchise, the following terms, phrases, words, derivations, and
their derivations shall have the meanings given herein. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number include the
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singular number and words in the singular number include the plural number. In the event the meaning of any word or phrase not defined herein is uncertain, the definitions contained in
applicable local, state, or federal law shall apply.
1.1 “Access Channels” means any channel or portion of a channel utilized for public, educational, or governmental programming.
1.2 “Affiliate” or “Affiliated Entity” means any Person who owns or controls, is
owned or controlled by, or is under common ownership or control with, Grantee and its
successors.
1.3 “Applicable Laws” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary, or permanent), judgment, decree or
other order issued, executed, entered or deemed applicable by any governmental authority of
competent jurisdiction.
1.4 “Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast.
1.5 “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§
521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of
1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time.
1.6 “Cable Service” means (a) the one-way transmission to Subscribers of (i) Video Programming or (ii) Other Programming Service, and b) Subscriber interaction, if any, which is
required for the selection or use of such Video Programming or Other Programming Service.
1.7 “Cable System” or “System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment which is designed to provide Cable Service that includes Video Programming, and which is provided to multiple Subscribers within a community, but such term does not include:
(a) a facility that serves only to retransmit the television signals of one (1) or
more television broadcast stations;
(b) a facility that serves Subscribers without using any Streets;
(c) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable
System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used
in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(d) an open video system that complies with 47 U.S.C. § 573; or
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(e) any facilities of any electric utility used solely for operating its electric utility system.
Unless otherwise specified, it shall in this document refer to the Grantee’s Cable System
constructed and operated in the City under this Franchise.
1.8 “Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System, and which is capable of delivering a television channel as defined by the FCC by regulation.
1.9 “City” means the City of Eden Prairie, a municipal corporation in the State of
Minnesota.
1.10 “City Code” means the Municipal Code of the City of Eden Prairie, Minnesota, as may be amended from time to time.
1.11 “Commission” means the Southwest Suburban Cable Communications
Commission consisting of the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield,
Minnesota.
1.12 “Connection” means the attachment of the Drop to the television set of the Subscriber.
1.13 “Converter” means an electronic device, including digital transport adapters,
which converts signals to a frequency not susceptible to interference within the television
receiver of a Subscriber, and by an appropriate Channel selector also permits a Subscriber to view Cable Service signals.
1.14 “Council” means the governing body of the City.
1.15 “Day” means a calendar day, unless otherwise specified.
1.16 “Drop” means the cable that connects the Subscriber terminal to the nearest feeder
cable of the cable in the Street and any electronics on Subscriber property between the Street and Subscriber terminal.
1.17 “Effective Date” means February 1, 2023.
1.18 “FCC” means the Federal Communications Commission, or a designated
representative.
1.19 “Franchise” means the right granted by this Ordinance and conditioned as set forth herein.
1.20 “Franchise Area” means the entire geographic area within the City as it is now constituted or may in the future be constituted.
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1.21 “Franchise Fee” means the fee assessed by the City to Grantee, in consideration of Grantee’s right to operate the Cable System within the City’s Streets, determined in amount as a
percentage of Grantee’s Gross Revenues and limited to the maximum percentage allowed for
such assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g)(2)(A-E).
1.22 “GAAP” means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force
(“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”).
1.23 “Gross Revenues” means, and shall be construed broadly to include, all revenues derived directly or indirectly by Grantee and/or an Affiliated Entity that is the cable operator of the Cable System, from the operation of Grantee’s Cable System to provide Cable Services within the City. Gross Revenues include, by way of illustration and not limitation:
(a) monthly fees for Cable Services, regardless of whether such Cable
Services are provided to residential or commercial customers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, pay-per-view, pay-per-event, and video-on-demand Cable Services);
(b) fees paid to Grantee for Channels designated for commercial/leased access
use and shall be allocated on a pro rata basis using total Cable Service Subscribers within
the City;
(c) Converter, digital video recorder, remote control, and other Cable Service equipment rentals, leases, or sales;
(d) installation, disconnection, reconnection, change-in service, “snow-bird”
fees;
(e) Advertising Revenues as defined herein;
(f) late fees, convenience fees, and administrative fees;
(g) other service fees such as HD fees, convenience fees, broadcast fees, regional sports fees, home tech support fees, bill payment fees for in-person or phone
payments, additional outlet fees, and related charges relating to the provision of Cable
Service;
(h) revenues from program guides and electronic guides;
(i) Franchise Fees;
(j) FCC regulatory fees;
(k) except as provided in subsection (ii) below, any fee, tax or other charge
assessed against Grantee by municipality, which Grantee chooses to pass through and collect from its Subscribers; and
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(l) commissions from home shopping channels and other Cable Service revenue sharing arrangements, which shall be allocated on a pro rata basis using total
Cable Service Subscribers within the City.
(i) “Advertising Revenues” shall mean revenues derived from sales of advertising that are made available to Grantee’s Cable System Subscribers within the City and shall be allocated on a pro rata basis using total Cable Service Subscribers reached by the advertising. Additionally, Grantee agrees that Gross
Revenues subject to Franchise Fees shall include all commissions, representative
fees, Affiliated Entity fees, or rebates paid to National Cable Communications and Comcast Spotlight, or their successors associated with sales of advertising on the Cable System within the City allocated according to this paragraph using total Cable Service Subscribers reached by the advertising.
(ii) “Gross Revenues” shall not include:
1. actual bad debt write-offs, except any portion which is subsequently collected, which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Subscriber revenues within the City; and
2. unaffiliated third-party advertising sales agency fees which
are reflected as a deduction from revenues.
(m) Grantee shall allocate fees and revenues generated from bundled packages and services to cable revenues pro rata based on the current published rate card for the packaged services delivered on a stand-alone basis as follows:
(i) To the extent revenues are received by Grantee for the provision of
a discounted bundle of services which includes Cable Services and non-Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a GAAP methodology that allocates revenue, on a pro rata basis, when comparing the bundled service price and its components to the sum of the published rate
card, except as required by specific Applicable Law (for example, it is expressly
understood that equipment may be subject to inclusion in the bundled price at full rate card value). The City reserves its right to review and to challenge Grantee’s calculations.
(ii) Grantee reserves the right to change the allocation methodologies
set forth in this section in order to meet the standards required by governing
accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Grantee will explain and document the required changes to the City upon request or as part of any audit or
review of Franchise Fee payments, and any such changes shall be subject to the
next subsection below.
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(iii) Resolution of any disputes over the classification of revenue should first be attempted by agreement of the parties, but should no resolution be
reached, the parties agree that reference shall be made to GAAP as promulgated
and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Notwithstanding the foregoing, the City reserves its right to challenge Grantee’s calculation of Gross Revenues, including the interpretation of GAAP as
promulgated and defined by the FASB, EITF and/or the SEC.
1.24 “Normal Business Hours” means those hours during which most similar businesses in City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours, at least one (1) night per week and/or some weekend hours.
1.25 “Normal Operating Conditions” means those Service conditions which are within
the control of Grantee. Those conditions which are not within the control of Grantee include, but
are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the
Cable System.
1.26 “Other Programming Service” is information that a cable operator makes available to all Subscribers generally.
1.27 “PEG” means public, educational and governmental.
1.28 “Person” means any natural person and all domestic and foreign corporations,
closely held corporations, associations, syndicates, joint stock corporations, partnerships of every
kind, clubs, businesses, common law trusts, societies and/or any other legal entity.
1.29 “Section 621 Order” means the Third Report and Order in MB Docket No. 05-311 adopted by the FCC on August 1, 2019, as modified by any court of competent jurisdiction or any subsequent order of the FCC.
1.30 “Street” means the area on, below, or above a public roadway, highway, street,
cartway, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements. A Street does not include the airwaves above a public right-of-way with regard to cellular or other non-wire telecommunications or broadcast service.
1.31 “Subscriber” means a Person who lawfully receives Cable Service.
1.32 “Twin Cities Region” shall mean the cities in Minnesota wherein Grantee or Affiliate hold a franchise agreement to provide Cable Service.
1.33 “Video Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
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1.34 “Wireline MVPD” means any entity, including the City, that utilizes the Streets to install cable or fiber and is engaged in the business of making available for purchase, by
Subscribers, multiple Channels of Video Programming in the City, which could also include the
City. For purposes of this Franchise, the term “Wireline MVPD” shall not be limited to entities defined by the FCC as “multichannel video programming distributors” and shall include entities that provide multiple Channels of Video Programming via open video systems, as defined by the FCC, but it is the intent of the Grantee and the City that the term Wireline MVPD shall not
include small cell providers, unless the City has the legal authority under Applicable Law to
regulate or to impose cable franchise obligations upon such small cell providers.
SECTION 2 FRANCHISE
2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the
City’s Streets subject to: ) the provisions of this non-exclusive Franchise to provide Cable
Service within the City; and 2) all applicable provisions of the City Code. Unless this Franchise has expired pursuant to Section 2.8 herein or this Franchise is otherwise terminated pursuant to Section 11.2 herein, this Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be
construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent
not prohibited by Applicable Law; or (2) challenging any exercise of the City’s legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate.
2.2 Reservation of Authority. The Grantee specifically agrees to comply with the
lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, in the event of a conflict between (A) the lawful provisions of the City Code or applicable regulations of the City and (B) this Franchise, the express provisions of this Franchise shall govern. Subject to express federal and state preemption, the material terms and
conditions contained in this Franchise may not be unilaterally altered by the City through
subsequent amendments to the City Code, ordinances, or any regulation of City, except in the lawful exercise of City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however,
Grantee reserves all rights it may have to challenge such modifications to the City Code whether
arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the City, or (C) be
construed as a waiver or release of the rights of the City in and to the Streets.
2.3 Franchise Term. The term of this Franchise shall be ten (10) years from the Effective Date, unless renewed, amended, or extended by mutual written consent in accordance with Section 17.7 or terminated sooner in accordance with this Franchise.
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2.4 Franchise Area. This Franchise is granted for the Franchise Area defined herein. Grantee shall extend its Cable System to provide Service to any residential unit in the City in
accordance with Section 6.6 herein. This Franchise governs any Cable Services provided by
Grantee to residential and commercial Subscribers to Grantee’s Cable System.
2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System as it deems appropriate provided, however, such additional grants shall not operate
to materially modify, revoke, or terminate any rights previously granted to Grantee other than as
described in Section 17.18. The grant of any additional franchise shall not of itself be deemed to constitute a modification, revocation, or termination of rights previously granted to Grantee. Any additional cable franchise grants shall comply with Minn. Stat. § 238.08 and any other applicable federal level playing field requirements.
2.6 Periodic Public Review of Franchise. Within sixty (60) Days of the third and
sixth annual anniversary of the Effective Date of this Franchise, the City may conduct a public review of the Franchise. The purpose of any such review shall be to ensure, with the benefit of full opportunity for public comment, that the Grantee continues to effectively serve the public in the light of new developments in cable law and regulation, cable technology, cable company
performance with the requirements of this Franchise, local regulatory environment, community
needs and interests, and other such factors. Both the City and Grantee agree to make a full and good faith effort to participate in the review. So long as Grantee receives reasonable notice, Grantee shall participate in the review process and shall fully cooperate. The review shall not operate to modify or change any provision of this Franchise without mutual written consent in
accordance with Section 17.7 of this Franchise.
2.7 Transfer of Ownership.
(a) No sale, transfer, assignment or “fundamental corporate change”, as defined in Minn. Stat. § 238.083, of this Franchise shall take place until the parties to the sale, transfer, or fundamental corporate change files a written request with City for its
approval, provided, however, that said approval shall not be required where Grantee
grants a security interest in its Franchise and assets to secure an indebtedness.
(b) City shall reply in writing and indicate approval of the request or its determination that a public hearing is necessary due to potential adverse effect on Grantee’s Subscribers resulting from the sale or transfer.
(c) If a public hearing is deemed necessary pursuant to (b) above, such
hearing shall be handled in accordance with local law or fourteen (14) Days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in City. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by City.
(d) After the closing of the public hearing, City shall approve or deny in
writing the sale or transfer request. City shall set forth in writing with particularity its reason(s) for denying approval. City shall not unreasonably withhold its approval.
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(e) The parties to the sale or transfer of the Franchise only, without the inclusion of the System in which substantial construction has commenced, shall establish
that the sale or transfer of only the Franchise will be in the public interest.
(f) Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this Section 2.7. The term “controlling interest” as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised.
(g) In no event shall a transfer or assignment of ownership or control be
approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City.
(h) In accordance with Minn. Stat. § 238.084, Subd. 1(y), the City shall have
the right to purchase the System in the event the Franchise or System is proposed to be
transferred or sold on the same terms and conditions as the offer pursuant to which transfer notice was provided pursuant to this section.
(i) City shall be deemed to have waived its rights under this paragraph (h) in the following circumstances:
(i) If it does not indicate to Grantee in writing, within ninety (90)
Days of notice of a proposed sale or assignment, its intention to exercise its right of purchase; or
(ii) It approves the assignment or sale of the Franchise as provided within this section.
2.8 Expiration. Upon expiration of the Franchise, the City shall have the right at its
own election and subject to Grantee’s rights under Section 626 of the Cable Act to:
(a) extend the Franchise, though nothing in this provision shall be construed to require such extension;
(b) renew the Franchise, in accordance with Applicable Laws;
(c) invite additional franchise applications or proposals;
(d) terminate the Franchise subject to any rights Grantee has under Section 626 of the Cable Act; or
(e) take such other action as the City deems appropriate.
2.9 Right to Require Removal of Property. At the expiration of the term for which
this Franchise is granted, provided no renewal is granted, or upon its forfeiture or revocation as
provided for herein, the City shall have the right to require Grantee to remove at Grantee’s own expense all or any part of the Cable System from all Streets and public ways within the Franchise
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Area within a reasonable time. If Grantee fails to do so, the City may perform the work and collect the cost thereof from Grantee. However, Grantee shall have no obligation under this
Franchise to remove the Cable System where it utilizes the system to provide other non-Cable
Services and has any other authority under Applicable Law to maintain facilities in the Streets, or where Grantee is able to find a purchaser of the Cable System who holds such authorization.
2.10 Continuity of Service Mandatory. It shall be the right of all Subscribers to receive Cable Service in accordance with the terms of this Franchise and Applicable Law. In the
event that Grantee elects to overbuild, rebuild, modify, or transfer the Cable System in
accordance with Section 2.7, or the City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all Subscribers receive continuous uninterrupted service, regardless of the circumstances, while the Franchise remains effective. In the event of expiration, purchase, lease-purchase, condemnation, acquisition, taking over or holding of plant
and equipment, sale, lease, or other transfer to any other Person, including any other grantee of a
cable franchise, the current Grantee shall cooperate fully to operate the Cable System in accordance with the terms and conditions of this Franchise for a temporary period sufficient in length to maintain continuity of Cable Service to all Subscribers.
SECTION 3
OPERATION IN STREETS AND RIGHTS-OF-WAY
3.1 Use of Streets.
(a) Grantee may, subject to the terms of this Franchise, erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across and along the Streets within the City such lines, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, pedestals, attachments and other property and
equipment as are necessary and appurtenant to the operation of a Cable System within the City. Without limiting the foregoing, Grantee expressly agrees that it will construct, operate, and maintain its Cable System in compliance with, and subject to, the requirements of the City Code, including by way of example and not limitation, those
requirements governing the placement of Grantee’s Cable System; and with other
applicable City Codes, and will obtain and maintain all permits and bonds required by the City Code in addition to those required in this Franchise.
(b) All wires, conduits, cable and other property and facilities of Grantee shall be so located, constructed, installed, and maintained as not to endanger or unnecessarily
interfere with the usual and customary trade, traffic, and travel upon, or other use of, the
Streets of City. Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any Person.
(c) All wires, conduits, cables and other property and facilities of Grantee,
shall be constructed and installed in an orderly and workmanlike manner in accordance
with the City Code and Applicable Law. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
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(d) Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing, or relocating sewers; grading, paving, maintaining,
repairing, relocating and/or altering any Street; constructing, laying down, repairing,
maintaining, or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work.
3.2 Construction or Alteration. Grantee shall in all cases comply with the City Code, City resolutions and City regulations regarding the acquisition of permits and/or such
other items as may be reasonably required in order to construct, alter, or maintain the Cable
System. Grantee shall, upon request, provide information to the City regarding its progress in completing or altering the Cable System.
3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a Cable System so as not to interfere with other use of Streets. Grantee shall, where possible in the
case of above ground lines, make use of existing poles and other facilities available to Grantee.
When residents receiving underground service or who will be receiving underground service will be affected by proposed construction or alteration, Grantee shall provide such notice as set forth in the permit or in City Code of the same to such affected residents.
3.4 Consistency with Designated Use. Notwithstanding the above grant to use
Streets, no Street shall be used by Grantee if the City, in its sole opinion, determines that such
use is inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, or presently used under Applicable Laws.
3.5 Undergrounding.
(a) Grantee shall place underground all of its transmission lines which are
located or are to be located above or within the Streets of the City in the following cases:
(i) all other existing utilities are required to be placed underground by statute, resolution, policy or other Applicable Law;
(ii) Grantee is unable to get pole clearance;
(iii) underground easements are obtained from developers of new
residential areas; or
(iv) utilities are overhead but residents prefer underground (service provided at cost).
(b) If an ordinance is passed which involves placing underground certain utilities including Grantee’s cable plant which is then located overhead, Grantee shall
participate in such underground project and shall remove poles, cables and overhead
wires if requested to do so and place facilities underground. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such
funding to the extent consistent with the City Code or Applicable Laws.
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(c) Grantee shall use conduit or its functional equivalent to the greatest extent possible for undergrounding, except for Drops from pedestals to Subscribers’ homes and
for cable on other private property where the owner requests that conduit not be used.
Cable and conduit shall be utilized which meets the highest industry standards for electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available.
3.6 Maintenance and Restoration.
(a) Restoration. In case of disturbance of any Street, public way, paved area or public improvement, Grantee shall, at its own cost and expense and in accordance with the requirements of Applicable Law, restore such Street, public way, paved area or public improvement to substantially the same condition as existed before the work involving
such disturbance took place. All requirements of this section pertaining to public
property shall also apply to the restoration of private easements and other private property. Grantee shall perform all restoration work within a reasonable time and with due regard to seasonal working conditions. If Grantee fails, neglects, or refuses to make restorations as required under this section, then the City may do such work or cause it to
be done, and the cost thereof to the City shall be paid by Grantee. If Grantee causes any
damage to private property in the process of restoring facilities, Grantee shall repair such damage.
(b) Maintenance. Grantee shall maintain all above ground improvements that it places on City Streets pursuant to the City Code and any permit issued by the City. In
order to avoid interference with the City’s ability to maintain the Street, Grantee shall
provide such clearance as is required by the City Code and any permit issued by the City. If Grantee fails to comply with this provision, and by its failure, property is damaged, Grantee shall be responsible for all damages caused thereby.
(c) Disputes. In any dispute over the adequacy of restoration or maintenance
relative to this section, final determination shall be the prerogative of the City,
Department of Public Works and consistent with the City Code and any permit issued by the City.
3.7 Work on Private Property. Grantee, with the consent of property owners, shall have the authority, pursuant to the City Code, to trim trees upon and overhanging Streets, alleys,
sidewalks, and public ways so as to prevent the branches of such trees from coming in contact
with the wires and cables of Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the reasonable expense of Grantee.
3.8 Relocation.
(a) City Property. If, during the term of the Franchise, the City or any
government entity elects or requires a third party to alter, repair, realign, abandon,
improve, vacate, reroute or change the grade of any Street, public way or other public property; or to construct, maintain or repair any public improvement; or to replace, repair
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install, maintain, or otherwise alter any cable, wire conduit, pipe, line, pole, wire-holding structure, structure, or other facility, including a facility used for the provision of utility
or other services or transportation of drainage, sewage or other liquids, for any public
purpose, Grantee shall, upon request, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles, wires, cables, underground conduits, vaults, pedestals, manholes and any other facilities which it has installed. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation
and removal. However, if the City makes available funds for the cost of placing facilities
underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws.
(b) Utilities and Other Franchisees. If, during the term of the Franchise, another entity which holds a franchise or any utility requests Grantee to remove or
relocate such facilities to accommodate the construction, maintenance or repair of the
requesting party’s facilities, or their more efficient use, or to “make ready” the requesting party’s facilities for use by others, or because Grantee is using a facility which the requesting party has a right or duty to remove, Grantee shall do so. The companies involved may decide among themselves who is to bear the cost of removal or relocation,
pursuant to City Code, and provided that the City shall not be liable for such costs.
(c) Notice to Remove or Relocate. Any Person requesting Grantee to remove or relocate its facilities shall give Grantee no less than forty-five (45) Days’ advance written notice advising Grantee of the date or dates that removal or relocation is to be undertaken, provided that no advance written notice shall be required in emergencies or
in cases where public health and safety or property is endangered.
(d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by the City; or in emergencies or where public health and safety or property is endangered, the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee
fails, neglects, or refuses to remove or relocate its facilities as directed by another
franchisee or utility, that franchisee or utility may do such work or cause it to be done, and if Grantee would have been liable for the cost of performing such work, the cost thereof to the party performing the work or having the work performed shall be paid by Grantee.
(e) Procedure for Removal of Cable. Grantee shall not remove any
underground cable or conduit which requires trenching or other opening of the Streets along the extension of cable to be removed, except as hereinafter provided. Grantee may remove any underground cable from the Streets which has been installed in such a manner that it can be removed without trenching or other opening of the Streets along the
extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at
its sole cost and expense, any underground cable or conduit by trenching or opening of the Streets along the extension thereof or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition. Underground cable and
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conduit in the Streets which is not removed shall be deemed abandoned and title thereto shall be vested in the City.
(f) Movement of Buildings. Grantee shall, upon request by any Person
holding a building moving permit, franchise or other approval issued by the City, temporarily remove, raise, or lower its wire to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the Person requesting same, and Grantee shall be authorized to require such payment in advance. The City shall
require all building movers to provide not less than fifteen (15) Days’ notice to the
Grantee to arrange for such temporary wire changes.
SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM
4.1 Removal of Cable System. In the event that: (l) the use of the Cable System is
discontinued for any reason for a continuous period of twelve (12) months; or (2) the Cable
System has been installed in a Street without complying with the requirements of this Franchise or the City Code, Grantee, at its expense shall, at the demand of the City remove promptly from the Streets all of the Cable System other than any which the City may permit to be abandoned in place. In the event of any such removal Grantee shall promptly restore to a condition as nearly
as possible to its prior condition the Street or other public places in the City from which the
System has been removed. However, Grantee shall have no obligation under this Franchise to remove the Cable System where it utilizes the system to provide other non-Cable Services and has any other authority under Applicable Law to maintain facilities in the Streets, or where Grantee is able to find a purchaser of the Cable System who holds such authorization.
4.2 Abandonment of Cable System. In the event of Grantee’s abandonment of the
Cable System, City shall have the right to require Grantee to conform to the state right-of-way rules, Minn. Rules, Ch. 7819. The Cable System to be abandoned in place shall be abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the System without having first given three (3) months written notice to the City. Grantee may not abandon any
portion of the System without compensating the City for damages resulting from the
abandonment.
4.3 Removal after Abandonment or Termination. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) Days after written notice of City’s demand for removal consistent with Minn. Rules, Ch. 7819, is
given, or if Grantee has failed to complete such removal within twelve (12) months after written
notice of City’s demand for removal is given, City shall have the right to apply funds secured by the letter of credit and performance bond toward removal and/or declare all right, title, and interest to the Cable System for the City with all rights of ownership including, but not limited to, the right to operate the Cable System or transfer the Cable System to another for operation by
it.
4.4 City Options for Failure to Remove Cable System. If Grantee has failed to complete such removal within the time given after written notice of the City’s demand for removal is given, the City shall have the right to exercise one of the following options:
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(a) Declare all right, title and interest to the System for the City or its designee with all rights of ownership including, but not limited to, the right to operate the
System or transfer the System to another for operation by it; or
(b) Declare the System abandoned and cause the System, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the security fund, indemnity and penalty section provided for in this Franchise or from Grantee directly.
(c) Upon termination of service to any Subscriber, Grantee shall promptly
remove all its facilities and equipment from within the dwelling of a Subscriber who owns such dwelling upon his or her written request, except as provided by Applicable Law. Such Subscribers shall be responsible for any costs incurred by Grantee in removing the facilities and equipment.
4.5 System Construction and Equipment Standards. The Cable System shall be
installed and maintained in accordance with standard good engineering practices and shall conform, when applicable, with the National Electrical Safety Code, the National Electrical Code and the FCC’s Rules and Regulations.
4.6 System Maps and Layout. In addition to any generally applicable mapping
requirements included in the City Code and required of other utilities, Grantee shall maintain
complete and accurate system maps and records of all of its wires, conduits, cables and other property and facilities located, constructed, and maintained in the City, which shall include trunks, distribution lines, and nodes. Such maps shall include up-to-date route maps showing the location of the Cable System adjacent to the Streets. Grantee shall make all maps and records
available for review by the appropriate City personnel.
SECTION 5 SYSTEM DESIGN AND CAPACITY
5.1 Availability of Signals and Equipment.
(a) The Cable System utilizes a fiber to the fiber node architecture, with fiber
optic cable deployed from Grantee’s headend to Grantee’s fiber nodes, tying into
Grantee’s coaxial Cable System serving Subscribers. The System shall pass a minimum of 750 MHz (with a minimum passband of between 50 and 750 MHz) and shall be maintained to provide to Subscribers a minimum of at least two hundred (200) or more activated downstream Cable Service Channels.
(b) The entire System shall be technically capable of transmitting industry-
standard digital television signals in a manner and quality consistent with applicable FCC regulations.
(c) Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of the specifications in Section 5.1 (a) and (b) throughout the term of the
Franchise with sufficient capability and technical quality to enable the implementation
and performance of all requirements of this Franchise, including the exhibits hereto, and
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in a manner which meets or exceeds FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted.
5.2 Equal and Uniform Service. To the extent required by Applicable Law, Grantee
shall provide access to equal and uniform Cable Service throughout the City.
5.3 System Specifications.
(a) System Maintenance. In all its construction and service provision activities, Grantee shall meet or exceed the construction, technical performance,
extension, and service requirements set forth in this Franchise.
(b) Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (EAS) consistent with Applicable Laws including 47 C.F.R., Part 11, and any Minnesota State Emergency Alert System requirements. The City may identify authorized emergency
officials for activating the EAS consistent with the Minnesota State Emergency Statewide
Plan (“EAS Plan”). The City may also develop a local plan, containing methods of EAS message distribution, subject to Applicable Laws and the EAS Plan. Nothing in this section is intended to expand Grantee’s obligations beyond that which is required by the EAS Plan and Applicable Law.
(c) Standby Power. Grantee shall provide standby power generating capacity
at the Cable System control center and at all hubs. Grantee shall maintain standby power system supplies, rated at least at two (2) hours duration throughout the trunk and distribution networks. In addition, Grantee shall have in place throughout the Franchise term a plan, and all resources necessary for implementation of the plan, for dealing with
outages of more than two (2) hours.
(d) Technical Standards. The technical standards used in the operation of the Cable System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which
regulations are expressly incorporated herein by reference. The Cable System shall be
installed and maintained in accordance with standard good engineering practices and shall conform with the National Electrical Safety Code and all other Applicable Laws governing the construction of the Cable System.
(e) System Upgrades. The Cable System will be upgraded consistent with
future System upgrades performed in Grantee’s other Twin Cities Region Cable Systems,
when any other of Grantee’s Cable Systems in Hennepin County also receives a System upgrade, understanding that work on the Cable System is done based on Grantee’s construction schedules.
5.4 Performance Testing. Grantee shall perform all system tests at the intervals
required by the FCC, and all other tests reasonably necessary to determine compliance with
technical standards required by this Franchise. These tests shall include, at a minimum:
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(a) Initial proof of performance for any construction; and
(b) Tests in response to Subscriber complaints; and
(c) Tests requested by the City to demonstrate franchise compliance; and
(d) Written records of all system test results performed by or for Grantee shall be maintained and shall be available for City inspection upon request.
5.5 Special Testing.
(a) Throughout the term of this Franchise, City shall have the right to inspect
all construction or installation work performed pursuant to the provisions of the
Franchise. In addition, City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other
evidence indicating an unresolved controversy or noncompliance. Such tests shall be
limited to the particular matter in controversy or unresolved complaints. City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing.
(b) Before ordering such tests, Grantee shall be afforded thirty (30) Days
following receipt of written notice to investigate and, if necessary, correct problems or
complaints upon which tests were ordered. City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) Days have elapsed without
correction of the matter in controversy or unresolved complaints, the tests shall be
conducted at Grantee’s expense by Grantee’s qualified engineer. The City shall have a right to participate in such testing by having an engineer of City’s choosing, and at City’s expense, observe and monitor said testing.
SECTION 6
PROGRAMMING AND SERVICES
6.1 Categories of Programming Service. Grantee shall provide Video Programming services in at least the following broad categories:
Local Broadcast (subject to federal carriage requirements) Public Broadcast
News and Information
Sports General Entertainment Arts/Performance/Humanities Science/Technology
Children/Family/Seniors
Foreign Language/Ethnic Programming
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PEG Programming (to the extent required by the Franchise) Movies
Leased Access
6.2 Changes in Programming Services. As required by Applicable Law, Grantee shall provide at least thirty (30) Days’ prior written notice to Subscribers and to the City of Grantee’s request to effectively delete any broad category of programming or any Channel
within its control, including all proposed changes in bandwidth or Channel allocation and any
assignments including any new equipment requirements that may occur as a result of these changes.
6.3 Parental Control Device. Upon request by any Subscriber, Grantee shall make available for sale or lease a parental control or lockout device that will enable the Subscriber to
block all access to any and all Channels without affecting those not blocked. Grantee shall
inform Subscribers of the availability of the lockout device at the time of original subscription and annually thereafter.
6.4 FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall also be copied to City within ten (10) Days of the conduct of the date of the tests.
6.5 Annexation. Unless otherwise provided by Applicable Law, including the City
Code, upon the annexation of any additional land area by City, the annexed area shall thereafter be subject to all the terms of this Franchise upon sixty (60) Days written notification to Grantee of the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area
annexed by the City if such area is then served by another Wireline MVPD franchised to provide
multichannel video programming.
6.6 Line Extension.
(a) Grantee shall construct and operate its Cable System so as to provide Cable Service within the Franchise Area where there exists a density equivalent of seven
(7) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest
active plant of the Cable System if the extension is to be constructed using aerial plant, and nine (9) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using underground plant. The City, for its part, shall endeavor to exercise reasonable efforts to require developers and
utility companies to provide the Grantee with at least fifteen (15) Days advance notice of
an available open trench for the placement of necessary cable.
(b) Where the density is less than that specified above, Grantee shall inform Persons requesting Service of the possibility of paying for installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be
provided within fifteen (15) working days of such a request. Grantee may offer the
Persons requesting Service the opportunity to “prepay” some or all of the necessary line extensions according to its regular business policies. Grantee shall at all times implement such line extension policy in a nondiscriminatory manner throughout the City.
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(c) Any residential unit located within one hundred twenty-five (125) feet from the nearest point of access on the Street from which the Cable System is designed to
serve the site shall be connected to the Cable System at no charge other than the standard
installation charge. Grantee shall, upon request by any potential Subscriber residing in City beyond the one hundred twenty-five (125) foot limit, extend service to such Subscriber provided that the Subscriber shall pay the net additional Drop costs, unless the Grantee agrees to waive said costs. To the extent consistent with Applicable Laws,
Grantee agrees that it shall impose installation costs for non-standard installations in a
uniform and nondiscriminatory manner throughout the City.
6.7 Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications
6.8 Free Cable Service to Public Buildings.
(a) The parties acknowledge that as of the Effective Date of this Franchise,
Grantee continues to provide, free of charge, basic Cable Service (including the PEG Channels) to certain schools, libraries and public institutions within the Franchise Area as set forth in Exhibit A (“Complimentary Services”). In the event Grantee elects, to the extent permitted by Applicable Law, to invoice the City for the marginal cost of the
Complimentary Services, the Grantee agrees that it will do so only after providing City
with one hundred twenty (120) Days’ prior written notice.
(b) The City shall have right to discontinue receipt of all or a portion of the Complimentary Service provided by Grantee in the event Grantee elects to impose a charge to the City for the Complimentary Service as set forth in the preceding paragraph.
Within ninety (90) days of receiving the aforementioned notice, the City will notify the
Grantee whether, with respect to each identified Complimentary Service location, the Grantee is relieved, or temporarily relieved, of its obligations or is required to comply, subject either to the Grantee taking an offset to the Franchise Fee payments payable under Section 16.1 as may be permitted by the Section 621 Order or to the Grantee and
the City agreeing to a separately negotiated charge payable by the City to the Grantee.
(c) Additional Subscriber network Drops and/or outlets will be installed at designated institutions by Grantee at the cost of Grantee’s time and material, or such other price as may be required to comply with Applicable Law. Alternatively, said institution may add outlets at its own expense as long as such installation meets Grantee’s
standards. Grantee will complete construction of the additional Drop and outlet within
three (3) months from the date of City’s designation of additional institution(s) unless weather or other conditions beyond the control of Grantee requires more time. The City may substitute locations listed on Exhibit A attached hereto as long as the number of locations to receive Complimentary Service remains the same as Exhibit A.
(d) The City or the building occupant shall have the right to extend Cable
Service throughout the building to additional outlets without any fees imposed by Grantee for the provision of Complimentary Service to such additional outlets. If ancillary equipment, such as a Converter, is required to receive the signal at additional
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outlets, Grantee will provide up to three (3) devices at no charge and will provide additional devices at Grantee’s lowest residential rate charged within the Twin Cities
Region.
(e) Notwithstanding anything to the contrary set forth in this section, Grantee shall not be required to provide Complimentary Service to such buildings unless it is technically feasible. Outlets and maintenance of said Complimentary Service shall be provided free of fees and charges.
SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
7.1 Number of PEG Access Channels.
(a) Grantee will make available three (3) PEG Access Channels in addition to Channels required by the State of Minnesota, such as Regional Channel 6, throughout the
entire term of this Franchise and any extensions of the Franchise term.
(b) Grantee shall provide the PEG Access Channels on the Basic Cable Service tier, or such other most subscribed tier of Cable Service (within the Franchise Area) as may be offered by Grantee.
(c) For purposes of this Franchise, a high definition (“HD”) format or signal
refers to a PEG signal delivered by Grantee to Subscribers in a resolution that is either:
(i) the same as received by Grantee from City or the entity from which Grantee received the PEG signal, or
(ii) the highest resolution used for the delivery of the primary signals of local broadcast stations, if lower than the level described in subparagraph (c)(i)
above.
7.2 HD PEG Carriage Requirements.
(a) No later than September 1, 2023, Grantee shall provide all three (3) PEG Access Channels in HD format and shall also simulcast all three (3) PEG Access Channels in standard definition (“SD”) until SD is no longer offered by Grantee. The
parties agree that PEG funding may be used to support streaming of PEG programming,
provided the City does not permit PEG funding to be used for operational expenses except as permitted by Applicable Law.
(b) The City acknowledges that receipt of an HD format PEG Access Channel may require Subscribers to buy or lease special equipment or pay additional HD charges
applicable to all HD services.
(c) Grantee agrees that it shall be responsible for costs associated with the provision of encoders or other equipment necessary to receive HD/SD signals at the
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Grantees’ headend, and to convert PEG HD signals to SD consistent with the historic practice between the parties related to the government PEG Access Channel.
7.3 Control of PEG Access Channels. The control and administration of the PEG
Access Channels shall rest with the City and the City may delegate, from time to time over the term of this Franchise, such control and administration to various entities as determined in City’s sole discretion.
7.4 Transmission of PEG Access Channels. PEG Access Channels may be used for
transmission of non-video signals in compliance with Applicable Laws. This may include
downstream transmission of data using a protocol such as TCP/IP or current industry standards. Should Grantee develop the capability to provide bi-directional data transmission, spectrum capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities.
7.5 PEG Access Channel Locations.
(a) PEG Access Channels shall be carried on the Basic Cable Service tier to
the extent required by Applicable Law and as set forth in Section 7.2 herein. Nothing herein precludes the Grantee from charging for equipment needed for Basic Cable Service. Grantee shall make every reasonable effort to coordinate the cablecasting of PEG access programming on the Cable System on the same Channel designations as such
programming is currently cablecast within the City. In no event shall any Access
Channel reallocations be made prior to ninety (90) Days written notice to the City by Grantee, except for circumstances beyond Grantee’s reasonable control. The Access Channels will be located within reasonable proximity to other commercial video or broadcast Channels, excluding pay-per-view programming offered by Grantee in the
City.
(b) Grantee agrees not to encrypt the Access Channels differently than other commercial Channels available on the Cable System.
(c) In conjunction with any occurrence of any Access Channel(s) relocation, Grantee shall provide a minimum of One Thousand Five Hundred Dollars ($1,500)
Thousand Five-Hundred Dollars ($1,500) of reimbursement for costs incurred by City to
promote the new Channel locations.
7.6 Navigation to PEG Access Channels and Electronic Programming Guide. Grantee agrees that if it utilizes any navigation interfaces, the PEG Access Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will
have ready access to Access Channels. Grantee will maintain the existing ability of the City to
place PEG Access Channel programming information on the interactive Channel guide via the electronic programming guide (“EPG”) vendor (“EPG provider”) that Grantee utilizes to provide the guide service. PEG programming provided by the City shall appear on the EPG for each Channel carried in the City. Grantee will be responsible for providing the designations and
instructions necessary for the PEG Access Channels to appear on the EPG. Each programming
stream will not be individually listed for narrowcast Channels unless technically feasible. All costs and operational requirements of the EPG provider shall be the responsibility of the City.
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City acknowledges that the EPG may not be technically possible for all PEG programming, and that Grantee is not responsible for operations of the EPG provider.
7.7 Ownership of PEG Access Channels. Grantee does not relinquish its ownership
of or ultimate right of control over a Channel by designating it for PEG use. A PEG access user – whether an individual, educational, or governmental user – acquires no property or other interest by virtue of the use of a Channel position so designated. Grantee shall not exercise editorial control over any public, educational, or governmental use of a Channel position, except
Grantee may refuse to transmit any public access program or portion of a public access program
that contains obscenity, indecency, or nudity in violation of Applicable Law.
7.8 PEG Monitoring. Grantee shall provide the capability, without charge, to the City and to the City of Edina (location of the Commission’s master control facility), to monitor and verify the audio and visual quality of PEG Access Channels received by Subscribers as well
as the existing connections and equipment at the City and the City of Edina. This will include
equipment comparable to that deployed to residential cable Subscribers that will allow the City and the City of Edina to verify the accuracy of EPG listings for the PEG Access Channels consistent with what is currently provided. Grantee shall also maintain one (1) feed to the City and one (1) additional feed to the City of Edina to provide the ability to monitor Subscriber
services and address Subscriber concerns which feed shall include all cable boxes and platforms
(i.e., Xfinity X1).
7.9 Noncommercial Use of PEG. Permitted noncommercial uses of the Access Channels shall include by way of example and not limitation: (1) the identification of financial supporters similar to what is provided on public broadcasting stations; or (2) the solicitation of
financial support for the provision of PEG programming by the City or third party users for
charitable, educational or governmental purposes; or (3) programming offered by accredited, non-profit, educational institutions which may, for example, offer telecourses over a Access Channel.
7.10 PEG Transport. Grantee will maintain all existing fiber paths in place as of the
Effective Date to facilitate PEG origination/return capacity in the City. Such fiber returns paths
are listed in Exhibit B attached hereto and will be provided by Grantee without additional charge, with no recurring, monthly costs or offsets, except that Grantee may invoice the Commission for any maintenance costs consistent with Applicable Law and the Section 621 Order. Grantee shall not be responsible for fiber “replacement” but will handle any damage and all maintenance on
the existing fiber. Grantee anticipates, but cannot guarantee, that that this will result in minimal
fiber expenditures by the City over the Franchise term.
7.11 Interconnection. To the extent technically feasible, Grantee will allow necessary interconnection with any newly constructed City and school fiber for noncommercial programming to be promoted and administered by the City as allowed under Applicable Laws
and at no additional cost to the City or schools. This may be accomplished through a patch panel
or other similar facility and each party will be responsible for the fiber on their respective sides of the demarcation point. Grantee reserves its right to review on a case-by-case basis the technical feasibility of the proposed interconnection. Based on this review, Grantee may condition the interconnection on the reasonable reimbursement of Grantee’s incremental costs,
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with no markup for profit, to recoup Grantee’s construction costs only. In no event will Grantee impose any type of recurring fee for said interconnection.
7.12 Ancillary Equipment. Any ancillary equipment operated by Grantee for the
benefit of PEG Access Channels on Grantee’s fiber paths or Cable System, whether referred to switchers, routers, or other equipment, will be maintained by Grantee, free of charge and at no cost to the City, Commission or schools for the life of the Franchise. Grantee is responsible for any ancillary equipment on its side of the demarcation point and the City, Commission or school
is responsible for all other production/playback equipment.
7.13 Future PEG Transport. At such time that the City determines:
(a) that the City desires the capacity to allow Subscribers in the City to receive PEG programming (video or character generated) which may originate from schools, City facilities, other government facilities or other designated facilities (other
than those indicated in Exhibit B); or
(b) that the City desires to establish or change a location from which PEG programming is originated; or
(c) that the City desires to upgrade the Connection to Grantee from an existing signal point of origination,
the City will give Grantee written notice detailing the point of origination and the capability
sought by the City. Grantee agrees to submit a cost estimate to implement the City’s plan within a reasonable period of time but not later than September 1st in the year proceeding the request for any costs exceeding Twenty-five Thousand and No/100 Dollars ($25,000). The cost estimate will be on a time and materials basis with no additional markup. After an agreement to
reimburse Grantee for Grantee’s out of pocket time and material costs, Grantee will implement
any necessary Cable System changes within a reasonable period of time. Nothing herein prevents the City, or a private contractor retained by the City, from constructing said return fiber.
7.14 PEG Access Channel Carriage.
(a) Any and all costs associated with any modification of the PEG Access
Channels or signals after the PEG Access Channels/signals leave the City’s designated
playback facilities, or any designated playback center authorized by the City shall be borne entirely by Grantee. Grantee shall not cause any programming to override PEG programming on any PEG Access Channel, except by oral or written permission from the City, with the exception of emergency alert signals.
(b) The City may request and Grantee shall provide an additional PEG Access
Channel when the cumulative time on all the existing PEG Access Channels combined meets the following standard: whenever one of the PEG Access Channels in use during eighty percent (80%) of the weekdays, Monday through Friday, for eighty percent (80%) of the time during a consecutive three (3) hour period for six (6) weeks running, and there
is a demand for use of an additional Channel for the same purpose, the Grantee has six
(6) months in which to provide a new, PEG Access Channel for the same purpose;
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provided that, the provision of the additional Channel or Channels does not require the Cable System to install Converters.
(c) Only to the extent mandated by Applicable Law, the VHF spectrum shall
be used for one (1) of the public, educational, or governmental specially designated PEG Access Channels.
(d) The City or its designee shall be responsible for developing, implementing, interpreting, and enforcing rules for PEG Access Channel use.
(e) The Grantee shall monitor the PEG Access Channels for technical quality
to ensure that they meet FCC technical standards including those applicable to the carriage of PEG Access Channels, provided however, that the Grantee is not responsible for the production quality of PEG programming productions. The City, or its designee, shall be responsible for the production and quality of all PEG access programming.
Grantee shall carry all components of the standard definition of PEG Access Channel
including, but not limited to, closed captioning, stereo audio and other elements associated with the programming.
7.15 Access Channel Support.
(a) No later than September 1, 2023, Grantee shall collect and remit to the
City a minimum of one and one-half percent (1.5%) of Grantee’s Gross Revenues in
support of PEG (“PEG Fee”) to be used by the City as permitted under Applicable Law.
(b) The PEG Fee is not part of the Franchise Fee and instead falls within one (1) or more of the exceptions in 47 U.S.C. § 542, unless the PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C.
§542 or other Applicable Laws.
(c) Grantee shall pay the PEG Fee to the City quarterly, on the same schedule as the payment of Franchise Fees as set forth in Section 16.1 of this Franchise. Grantee agrees that it will not offset or reduce its payment of past, present, or future Franchise Fees required as a result of its obligation to remit the PEG Fee.
(d) Any PEG Fee amounts owing pursuant to this Franchise which remain
unpaid more than twenty-five (25) Days after the date the payment is due shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or the prime lending rate published by the Wall Street Journal on the Day the payment was due plus two percent (2%), whichever is greater.
7.16 PEG Technical Quality and Support.
(a) Grantee shall not be required to carry a PEG Access Channel in a higher quality format than that of the Channel signal delivered to Grantee, but Grantee shall not implement a change in the method of delivery of PEG Access Channels that results in a material degradation of signal quality or impairment of viewer reception of PEG Access
Channels, provided that this requirement shall not prohibit Grantee from implementing
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new technologies also utilized for commercial Channels carried on its Cable System. Grantee shall meet FCC signal quality standards when offering PEG Access Channels on
its Cable System and shall continue to comply with closed captioning pass-through
requirements. There shall be no significant deterioration in a PEG Access Channel signal from the point of origination upstream to the point of reception (hub or headend) or downstream to the Subscriber on the Cable System.
(b) Within twenty-four (24) hours of a written request from City to the
Grantee identifying a technical problem with a PEG Access Channel and requesting
assistance, Grantee will provide technical assistance or diagnostic services to determine whether or not a problem with a PEG signal is the result of matters for which Grantee is responsible and if so, Grantee will take prompt corrective action. If the problem persists and there is a dispute about the cause, then the parties shall meet with engineering
representation from Grantee and the City in order to determine the course of action to
remedy the problem.
7.17 Access Channel Promotion. If a PEG Access Channel is relocated, Grantee shall notify the Commission, City and Subscribers of the relocation in a manner consistent with Grantee’s other normal Channel relocation notices.
7.18 Change in Technology. In the event Grantee makes any change in the Cable
System and related equipment and facilities or in its signal delivery technology, which requires the City to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the PEG Access Channels, Grantee shall, at its own expense and free of charge to City or its designated entities, purchase such equipment as may be necessary to
facilitate the cablecasting of the PEG Access Channels in accordance with the requirements of
the Franchise.
7.19 Relocation of Grantee’s Headend. In the event Grantee relocates its headend, Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at Grantee’s cost so that all the functions and capacity remain available, operate reliably and satisfy
all applicable technical standards and related obligations of the Franchise free of charge to the
City or its designated entities.
7.20 Regional Channel Six. Grantee shall make available Regional Channel Six as long as it is required to do so by the State of Minnesota.
7.21 Government Access Channel Functionality. Grantee and City agree that City
will continue to have the following capability on the government Access Channel:
(a) City can insert live Council meetings from City Hall;
(b) City can replay government access programming from City Hall;
(c) City can transmit character generated programming; and
(d) City can schedule to replay City-provided programming in pre-arranged
time slots on the government PEG Access Channel.
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7.22 Compliance with Minnesota Statutes Chapter 238. In addition to the requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with
the PEG requirements mandated by Minn. Stat. § 238.084.
SECTION 8 REGULATORY PROVISIONS.
8.1 Intent. The City shall have the right to administer and regulate activities under the Franchise up to the full extent permitted by Applicable Law.
8.2 Delegation of Authority to Regulate. The City reserves the right to delegate its
regulatory authority wholly or in part to agents of the City, including, but not limited to, an agency which may be formed to regulate several franchises in the region in a manner consistent with Applicable Laws. This may include but shall not be limited to the Commission or other entity as City may determine in its sole discretion. Any existing delegation in place at the time
of the grant of this Franchise shall remain intact unless expressly modified by City.
8.3 Areas of Administrative Authority.
(a) In addition to any other regulatory authority granted to the City by law or franchise, the City shall have administrative authority in the following areas:
(i) Administering and enforcing the provisions of this Franchise,
including the adoption of administrative rules and regulations to carry out this
responsibility; and
(ii) Coordinating the operation of PEG Access Channels; and
(iii) Formulating and recommending long-range cable communications policy for the Franchise Area; and
(iv) Disbursing and utilizing Franchise revenues paid to the City; and
(v) Administering the regulation of rates, to the extent permitted by Applicable Law; and
(vi) All other regulatory authority permitted under Applicable Law.
(b) The City or its designee shall have continuing regulatory jurisdiction and
supervision over the System and the Grantee’s operations under the Franchise to the
extent allowed by Applicable Law.
8.4 Regulation of Rates and Charges.
(a) Right to Regulate. The City reserves the right to regulate rates or charges for any Cable Service within the limits of Applicable Law, to enforce rate regulations
prescribed by the FCC, and to establish procedures for said regulation or enforcement.
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(b) Notice of Change in Rates and Charges. Throughout the term of this Franchise, Grantee shall give the City and all Subscribers within the City at least thirty
(30) Days’ notice of any intended modifications or additions to Subscriber rates or
charges. Nothing in this subsection shall be construed to prohibit the reduction or waiving of rates or charges in conjunction with promotional campaigns for the purpose of attracting Subscribers or users.
(c) Rate Discrimination Prohibited. Within any category of Subscribers,
Grantee shall not discriminate among Subscribers with regard to rates and charges made
for any service based on considerations of race, color, creed, sex, marital or economic status, national origin, sexual preference, or (except as allowed by Applicable Law) neighborhood of residence, except as otherwise provided herein; and for purposes of setting rates and charges, no categorization of Subscribers shall be made by Grantee on
the basis of those considerations. Nevertheless, Grantee shall be permitted to establish
(1) discounted rates and charges for providing Cable Service to low-income, disabled, or low-income elderly Subscribers, (2) promotional rates, and (3) bulk rate and package discount pricing.
SECTION 9
BOND.
9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times thereafter Grantee shall maintain with City a bond in the sum of One Hundred Thousand and No/100 Dollars ($100,000.00) in such form and with such sureties as shall be acceptable to City, conditioned upon the faithful performance by Grantee of this Franchise and the acceptance
hereof given by City and upon the further condition that in the event Grantee shall fail to comply
with any law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys’ fees and costs (with interest at two percent (2%)
in excess of the then prime rate), up to the full amount of the bond, and which bond shall further
guarantee payment by Grantee of all claims and liens against City, or any public property, and taxes due to City, which arise by reason of the construction, operation, maintenance or use of the Cable System.
9.2 Rights. The rights reserved by City with respect to the bond are in addition to all
other rights the City may have under this Franchise or any other law.
9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount of the bond.
SECTION 10 SECURITY FUND
10.1 Security Fund. If there is an uncured breach by Grantee of a material provision
of this Franchise or a pattern of repeated violations of any provision(s) of this Franchise, then Grantee shall, upon written request, establish and provide to the City, as security for the faithful
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performance by Grantee of all of the provisions of this Franchise, a letter of credit from a financial institution satisfactory to the City in the amount of Twenty-five Thousand and No/100
Dollars ($25,000.00). In no event shall Grantee fail to post a Twenty-five Thousand and No/100
Dollar ($25,000.00) letter of credit within thirty (30) days receipt of a notice of franchise violation pursuant to this Section 10.1. Failure to post said letter of credit shall constitute a separate material violation of this Franchise unless the breach is cured within such thirty (30) Day period or longer period allowed under the Franchise. The letter of credit shall serve as a
common security fund for the faithful performance by Grantee of all the provisions of this
Franchise and compliance with all orders, permits and directions of the City and the payment by Grantee of any claim, liens, costs, expenses, and taxes due the City which arise by reason of the construction, operation or maintenance of the Cable System. Interest on this deposit shall be paid to Grantee by the bank on an annual basis. The security may be terminated by the Grantee
upon the resolution of the alleged noncompliance. The obligation to establish the security fund
required by this paragraph is unconditional. The fund must be established in those circumstances where Grantee disputes the allegation that it is not in compliance and maintained for the duration of the dispute. If Grantee fails to establish the security fund as required, the City may take whatever action is appropriate to require the establishment of that fund and may recover its costs,
reasonable attorneys’ fees, and an additional penalty of Five Thousand and No/100 Dollars
($5,000) in that action.
10.2 Withdrawal of Funds. The security fund shall permit the City to withdraw funds upon demand (sight draft). Grantee shall not use the security fund for other purposes and shall not assign, pledge, or otherwise use this security fund as security for any purpose.
10.3 Restoration of Funds. Within ten (10) Days after notice to it that any amount
has been withdrawn by the City from the security fund pursuant to Section 10.4 of this Franchise, Grantee shall deposit a sum of money sufficient to restore such security fund to the required amount.
10.4 Liquidated Damages. In addition to recovery of any monies owed by Grantee to
City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise,
City in its sole discretion may charge to and collect from the security fund the following liquidated damages:
(a) For failure to provide data, documents, reports, or information or to cooperate with City during an application process or System review, the liquidated
damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per Day for each Day,
or part thereof, such failure occurs or continues.
(b) For failure to comply with any of the provisions of this Franchise for which a penalty is not otherwise specifically provided pursuant to this Paragraph 10.4, the liquidated damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per Day
for each Day, or part thereof, such failure occurs or continues.
(c) Forty-five (45) Days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the liquidated damage
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shall be Five Hundred and No/100 Dollars ($500.00) per Day for each Day, or part thereof, such failure occurs or continues.
(d) For failure to provide the services Grantee has proposed, including but not
limited to the implementation and the utilization of the Access Channels the liquidated damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues.
10.5 Each Violation a Separate Violation. Each violation of any provision of this
Franchise shall be considered a separate violation for which separate liquidated damages can be
imposed.
10.6 Maximum Draw Per Violation. Any liquidated damages for any given violation shall be imposed upon Grantee for a maximum of Twenty-five Thousand and No/100 Dollars ($25,000). If after that amount of draw from the security fund Grantee has not cured or
commenced to cure the alleged breach to the satisfaction of the City, the City may pursue all
other remedies.
10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this
Franchise; or fails, after thirty (30) Days’ notice of such failure by the City to comply with any
provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the security, the City may then withdraw such funds from the security fund. Payments are not Franchise Fees as defined in Section 16 of this Franchise.
10.8 Procedure for Draw on Security Fund. Whenever the City finds that Grantee
has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written
notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty (30) Days subsequent to receipt of the notice in which to correct the violation before the City may require Grantee to make payment of damages, and further to enforce payment of
damages through the security fund. Grantee may, within ten (10) Days of receipt of notice,
notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time.
(a) City shall hear Grantee’s dispute at the next regularly scheduled or
specially scheduled Council meeting. Grantee shall have the right to speak and introduce
evidence. The City shall determine if Grantee has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration.
(b) If after hearing the dispute, the claim is upheld by the City, then Grantee
shall have thirty (30) Days within which to remedy the violation before the City may
require payment of all liquidated damages due it.
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10.9 Time for Correction of Violation. The time for Grantee to correct any alleged violation may be extended by the City if the necessary action to collect the alleged violation is of
such a nature or character as to require more than thirty (30) Days within which to perform
provided Grantee commences corrective action within fifteen (15) Days and thereafter uses reasonable diligence, as determined by the City, to correct the violation.
10.10 Grantee’s Right to Pay Prior to Security Fund Draw. Grantee shall have the opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to
promptly remit payment to the City, the City may resort to a draw from the security fund in
accordance with the terms of this Franchise.
10.11 Failure to so Replenish Security Fund. If any security fund is not so replaced, City may draw on said security fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for
any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are
not performed or paid for by Grantee pursuant hereto, including attorneys’ fees incurred by the City in so performing and paying. The failure to so replace any security fund may also, at the option of City, be deemed a default by Grantee under this Franchise. The drawing on the security fund by City and use of the money so obtained for payment or performance of the
obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or
release of such default.
10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any damages or monies from the security fund shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the security fund, be deemed a
waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section,
however, should the City elect to impose liquidated damages, that remedy shall remain the City’s exclusive remedy up to Twenty-five Thousand and No/100 Dollars set forth in Section 10.6.
SECTION 11 DEFAULT
11.1 Basis for Default. City shall give written notice of default to Grantee if City, in
its sole discretion, determines that Grantee has:
(a) Violated any material provision of this Franchise or the acceptance hereto or any rule, order, regulation or determination of the City, state or federal government, not in conflict with this Franchise; or
(b) Attempted to evade any material provision of this Franchise or the
acceptance hereof; or
(c) Practiced any fraud or deceit upon City or Subscribers resulting in material harm; or
(d) Made a material misrepresentation of fact in the application for or
negotiation of this Franchise.
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11.2 Default Procedure. If Grantee fails to cure such default within thirty (30) Days after the giving of such notice (or if such default is of such a character as to require more than
thirty (30) Days within which to cure the same, and Grantee fails to commence to cure the same
within said thirty (30) Day period and thereafter fails to use reasonable diligence, in City’s sole opinion, to cure such default as soon as possible), then, and in any event, such default shall be a substantial breach and City may elect to terminate the Franchise. The City may place the issue of revocation and termination of this Franchise before the governing body of City at a regular
meeting. If City decides there is cause or reason to terminate, the following procedure shall be
followed:
(a) City shall provide Grantee with a written notice of the reason or cause for proposed termination and shall allow Grantee a minimum of thirty (30) Days subsequent to receipt of the notice in which to correct the default.
(b) Grantee shall be provided with an opportunity to be heard at a public
hearing prior to any decision to terminate this Franchise.
(c) If, after notice is given and an opportunity to cure, at Grantee’s option, a public hearing is held, and the City determines there was a violation, breach, failure, refusal or neglect, the City may declare by resolution the Franchise revoked and of no
further force and effect unless there is compliance within such period as the City may fix,
such period may not be less than thirty (30) Days provided no opportunity for compliance need be granted for fraud or misrepresentation.
11.3 Mediation. If the Grantee and City are unable to resolve a dispute through informal negotiations during the period of thirty (30) Days following the submission of the claim
giving rise to the dispute by one (1) party to the other, then unless that claim has been waived as
provided in the Franchise, such claim may be subject to mediation if jointly agreed upon by both parties. Unless the Grantee and City mutually agree otherwise, such mediation shall be in accordance with the rules of the American Arbitration Association currently in effect at the time of the mediation. A party seeking mediation shall file a request for mediation with the other
party to the Franchise and with the American Arbitration Association. The request may be made
simultaneously with the filing of a complaint, but, in such event, mediation shall proceed in advance of legal proceedings only if the other party agrees to participate in mediation. Mutually agreed upon mediation shall stay other enforcement remedies of the parties for a period of ninety (90) Days from the date of filing, unless stayed for a longer period by agreement of the Grantee
and City. The Grantee and City shall each pay one-half of the mediator’s fee and any filing fees.
The mediation shall be held in the City unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. Nothing herein shall serve to modify or on any way delay the franchise enforcement process set forth in Section 10 of this Franchise.
11.4 Failure to Enforce. Grantee shall not be relieved of any of its obligations to
comply promptly with any provision of the Franchise by reason of any failure of the City to enforce prompt compliance, and City’s failure to enforce shall not constitute a waiver of rights or acquiescence in Grantee’s conduct.
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11.5 Compliance with the Laws.
(a) If any federal or state law or regulation shall require or permit City or
Grantee to perform any service or act or shall prohibit City or Grantee from performing
any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one (1) year after
they become effective, unless otherwise stated, and shall conform to federal laws and
regulations regarding cable as they become effective.
(b) If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or
provision to Persons or circumstances other than those as to whom it shall be held invalid
or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or
regulation is subsequently repealed, rescinded, amended, or otherwise changed so that the
provision which had been held invalid or modified is no longer in conflict with the law, rules, and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City.
SECTION 12
FORECLOSURE AND RECEIVERSHIP
12.1 Foreclosure. Upon the foreclosure or other judicial sale of the Cable System, Grantee shall notify the City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such
transfer or change in ownership occurred.
12.2 Receivership. The City shall have the right to cancel this Franchise subject to any applicable provisions of state law, including the Bankruptcy Act, one hundred twenty (120) Days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy, or other action or proceeding,
unless such receivership or trusteeship shall have been vacated prior to the expiration of said one
hundred twenty (120) Days, or unless:
(a) Within one hundred twenty (120) Days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and
(b) Such receiver or trustee, within said one hundred twenty (120) Days, shall
have executed an agreement, duly approved by the Court having jurisdiction in the
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premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise.
SECTION 13 REPORTING REQUIREMENTS
13.1 Quarterly Reports. Within forty-five (45) calendar days after the end of each calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment a report showing the basis for computation of the Franchise Fee and PEG Fee payments, signed by an
authorized representative of Grantee, in form and substance substantially equivalent to Exhibit C
attached hereto. This report shall separately indicate Grantee’s Gross Revenues within the City including, but not limited to such items as listed in the definition of “Gross Revenues” at Section 1.23 of this Franchise.
13.2 Monitoring and Compliance Reports. Upon request, but no more than once a
year, Grantee shall provide a written report of any and all FCC technical performance tests for
the residential network required in FCC Rules and Regulations as now or hereinafter constituted. In addition, Grantee shall provide City with copies of reports of the semi-annual test and compliance procedures established by this Franchise no later than thirty (30) Days after the completion of each series of tests.
13.3 Other Reports. Upon request of the City and in no event later than thirty (30)
Days from the date of receipt of such request, Grantee shall, free of charge, prepare and furnish to the City, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions, or property, as may be reasonably necessary to ensure compliance with the terms of this Franchise. Grantee and City may in good faith agree upon
taking into consideration Grantee’s need for the continuing confidentiality as prescribed herein.
Neither City nor Grantee shall unreasonably demand or withhold information requested pursuant with the terms of this Franchise.
13.4 Confidential and Trade Secret Information. Grantee acknowledges that information submitted by Grantee to the City may be subject to the Minnesota Government
Data Practices Act (“MGDPA”) pursuant to Minn. Stat. Ch. 13. The City shall follow all
Applicable Laws and procedures for protecting any confidential and trade secret information of Grantee that may be provided to City. Grantee acknowledges that the City shall at all times comply with the MGDPA related to the release of information and nothing herein shall be read to modify the City’s obligations under the MGDPA.
13.5 Communications with Regulatory Agencies.
(a) Upon written request, Grantee shall submit to City copies of any pleading, applications, notifications, communications, and documents of any kind, submitted by Grantee or its Affiliates to any federal, state, or local courts, regulatory agencies and other government bodies if such documents directly relate to the operations of Grantee’s
Cable System within the Franchise Area. Grantee shall submit such documents to City
no later than thirty (30) Days after receipt of City’s request. Grantee shall not claim confidential, privileged, or proprietary rights to such documents unless under federal,
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state, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or state agency. With respect to all other reports,
documents and notifications provided to any federal, state, or local regulatory agency as a
routine matter in the due course of operating Grantee’s Cable System within the Franchise Area, Grantee shall make such documents available to City upon City’s written request.
(b) In addition, Grantee and its Affiliates shall within ten (10) Days of any
communication to or from any judicial or regulatory agency regarding any alleged or
actual violation of this Franchise, City regulation or other requirement relating to the System, use its best efforts to provide the City a copy of the communication, whether specifically requested by the City to do so or not.
SECTION 14
CUSTOMER SERVICE POLICIES
14.1 Response to Customers and Cooperation with City. Grantee shall promptly respond to all requests for service, repair, installation, and information from Subscribers. Grantee acknowledges the City’s interest in the prompt resolution of all cable complaints and shall work in close cooperation with the City to resolve complaints. Grantee will continue to
maintain an “escalated complaint process” to address unresolved complaints from Subscribers.
A team of specifically identified employees of Grantee shall be available to the City and the Commission via email and telephone for reporting issues. These specifically identified employees of Grantee will have the ability to take actions to resolve Subscriber complaints relating to billing, property or service restoration, technical appointments, or any other
Subscriber matters when necessary. Grantee will follow-up with the City or the Commission in
writing by email (and by phone when necessary) with a summary of the results of the complaint(s).
14.2 Definition of “Complaint.” For the purposes of Section 14.1 and 14.4 only, the word “complaint” shall mean any communication to the Commission or the City by a
Subscriber, and thereafter reported to the Grantee, expressing dissatisfaction with any service,
performance, or lack thereof, by Grantee under the obligations of this Franchise.
14.3 Customer Service Agreement and Written Information. Grantee shall provide to Subscribers a comprehensive service agreement and information in writing for use in establishing Subscriber service. Written information shall, at a minimum, contain the following
information:
(a) Services to be provided and rates for such services.
(b) Billing procedures.
(c) Service termination procedure.
(d) Change in service notifications.
(e) Liability specifications.
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(f) Converter/Subscriber terminal equipment policy.
(g) Breach of Franchise specification.
(h) How complaints are handled including Grantee’s procedure for
investigation and resolution of Subscriber complaints.
(i) The name, address, and phone number of the Person identified by the City as responsible for handling cable questions and complaints for the City. This information shall be prominently displayed, and Grantee shall submit the information to the City for
review and approval as to its content and placement on Subscriber billing statements. A
copy of the written information shall be provided to each Subscriber at the time of initial connection and any subsequent reconnection.
14.4 Reporting Complaints.
(a) The requirements of this Section 14.4 shall be subject to federal law
regarding Subscriber privacy. Grantee shall maintain all Subscriber data available for
City inspection. Subscriber data shall include the date, name, address, telephone number of Subscriber complaints as well as the subject of the complaint, date and type of action taken to resolve the complaint, any additional action taken by Grantee or the Subscriber. The data shall be maintained in a way that allows for simplified access of the data by the
City.
(b) Subject to federal law and upon reasonable request by the City, Grantee shall, within a reasonable amount of time, provide City with such Subscriber data for its review.
14.5 Customer Service Standards.
(a) The City hereby adopts the customer service standards set forth in Part 76,
§76.309 of the FCC’s rules and regulations, as amended.
(b) Grantee shall, upon request, which request shall include the reason for the request (such as complaints received or other reasonable evidence of concern), provide City with information which shall describe in detail Grantee’s compliance with each and
every term and provision of this Section 14.5.
(c) Grantee shall comply in all respects with the customer service requirements established by the FCC and those set forth herein. To the extent that this Franchise imposes requirements greater than those established by the FCC, Grantee reserves whatever rights it may have to recover the costs associated with compliance in
any manner consistent with Applicable Law.
14.6 Local Office. Grantee shall maintain a convenient local customer service and bill payment location for matters such as receiving Subscriber payments, handling billing questions, equipment replacement and customer service information.
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14.7 Cable System office hours and telephone availability. Grantee shall comply with the standards and requirements for customer service set forth in Section 14.5 – 14.21 during
the term of this Franchise.
(a) Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a Day, seven (7) Days a week.
(i) Trained Grantee representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
(ii) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business Day.
(b) Under Normal Operating Conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis.
(c) Grantee shall not be required to acquire equipment or perform surveys to
measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.
(d) Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time.
(e) Customer service center and bill payment locations will be open at least
during Normal Business Hours and will be conveniently located.
(f) The Grantee shall utilize such equipment and software and keep such records as are necessary or required to enable the City and Commission to determine whether the Grantee is complying with all telephone answering standards required by
applicable customer service regulations and laws, as amended from time to time. The
Grantee shall provide the Commission with a quarterly report documenting Grantee’s compliance with this Section 14.7 as is the current practice
14.8 Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time
measured on a quarterly basis:
(a) Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system as more specifically set forth in Section 6.6(c).
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(b) Excluding conditions beyond the control of Grantee, Grantee will begin working on “Service Interruptions” promptly and in no event later than twenty-four (24)
hours after the interruption becomes known. Grantee must begin actions to correct other
Service problems the next business Day after notification of the Service problem.
(c) The “appointment window” alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and
other Installation activities outside of Normal Business Hours for the express
convenience of the customer.)
(d) Grantee may not cancel an appointment with a customer after the close of business on the business Day prior to the scheduled appointment.
(e) If Grantee’s representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the customer will be
contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
14.9 Communications between Grantee and Subscribers.
(a) Refunds. Refund checks will be issued promptly, but no later than either:
(i) The customer’s next billing cycle following resolution of the
request or thirty (30) Days, whichever is earlier, or
(ii) The return of the equipment supplied by Grantee if Cable Service is terminated.
(b) Credits. Credits for Cable Service will be issued no later than the
customer’s next billing cycle following the determination that a credit is warranted.
14.10 Billing:
(a) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic Cable Service and premium Cable Service charges and equipment charges.
Bills will also clearly delineate all activity during the billing period, including optional
charges, rebates and credits.
(b) In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) Days.
14.11 Subscriber Information.
(a) Grantee will provide written information on each of the following areas at
the time of Installation of Service, at least annually to all Subscribers, and at any time upon request:
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(i) Products and Services offered;
(ii) Prices and options for programming services and conditions of
subscription to programming and other services;
(iii) Installation and Service maintenance policies;
(iv) Instructions on how to use the Cable Service;
(v) Channel positions of programming carried on the System; and
(vi) Billing and complaint procedures, including the address and
telephone number of the City’s cable office.
(b) Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by Grantee, including the address of the responsible officer of the City. Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must
be given to Subscribers a minimum of thirty (30) Days in advance of such changes if the
change is within the control of Grantee. In addition, Grantee shall notify Subscribers thirty (30) Days in advance of any significant changes in the information required by this Section 14.11.
14.12 Notice or Rate Programming Change. In addition to the requirement of this
Section 14.12 regarding advance notification to Subscribers of any changes in rates,
programming services or Channel positions, Grantee shall give thirty (30) Days written notice to both Subscribers and the City before implementing any rate or Service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of
Channels). When the change involves the addition or deletion of Channels, each Channel added
or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, Grantee need only identify for Subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts.
14.13 Subscriber Contracts. Grantee shall, upon written request, provide the City with
any standard form residential Subscriber contract utilized by Grantee. If no such written contract
exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee’s current Subscriber rates and charges for Cable Service shall be
maintained on file with City and shall be available for public inspection.
14.14 Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued, without cause, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty (30) Days.
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14.15 Late Fees. Grantee shall comply with all Applicable Laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a
Subscriber for late payment of a bill. The City reserves the right to enforce Grantee’s
compliance with all Applicable Laws to the maximum extent legally permissible.
14.16 Disputes. All Subscribers and members of the general public may direct complaints, regarding Grantee’s Service or performance to the chief administrative officer of the City or the chief administrative officer’s designee, which may be a board or a commission of the
City.
14.17 Subscriber Bills. Subscriber bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Subscribers, and in a way that (A) is not misleading and (B) does not omit material information. Grantee may, in its sole discretion, consolidate costs on Subscriber bills as may otherwise be permitted by Section 622(c)
of the Cable Act (47 U.S.C. §542(c)).
14.18 Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty (30) Days in a manner deemed reasonable by the City under the terms of this Franchise.
14.19 Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in
Section 14.3, the twenty-four (24) hour Grantee phone number for Subscriber complaints.
Additionally, Grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to
contacting the City.
14.20 Subscriber Privacy.
(a) To the extent required by Minn. Stat. §238.084 Subd. 1(s) Grantee shall comply with the following:
(i) No signals including signals of a Class IV Channel may be
transmitted from a Subscriber terminal for purposes of monitoring individual
viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited
period of time not to exceed one (1) year which may be renewed at the option of
the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever.
(ii) No information or data obtained by monitoring transmission of a
signal from a Subscriber terminal, including but not limited to lists of the names
and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to
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Grantee or its agents for Grantee’s business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from
the Subscriber to make such data available. The request for permission must be
contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a
Subscriber’s failure to provide or renew such permission. The permission shall be
revocable at any time by the Subscriber without penalty of any kind whatsoever.
(iii) Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing.
Confidentiality of such information shall be subject to the provision set forth in
subparagraph (ii) of this section.
14.21 Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers.
SECTION 15 SUBSCRIBER PRACTICES
15.1 Subscriber Rates. There shall be no charge for disconnection of any installation or outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other properly due fee or charge, Grantee may disconnect the Subscriber’s service outlet, provided,
however, that such disconnection shall not be affected until after the later of: (i) forty-five (45)
Days after the original due date of said delinquent fee or charge; or (ii) ten (10) Days after delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before expiration of the later of (i) or (ii), Grantee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge,
Grantee shall promptly reinstate the Subscriber’s Cable Service.
15.2 Refunds to Subscribers shall be made or determined in the following manner:
(a) If Grantee fails, upon request by a Subscriber, to provide any service then being offered, Grantee shall promptly refund all deposits or advance charges paid for the
service in question by said Subscriber. This provision does not alter Grantee’s
responsibility to Subscribers under any separate contractual agreement or relieve Grantee of any other liability.
(b) If any Subscriber terminates any monthly service because of failure of Grantee to render the service in accordance with this Franchise, Grantee shall refund to
such Subscriber the proportionate share of the charges paid by the Subscriber for the
services not received. This provision does not relieve Grantee of liability established in other provisions of this Franchise.
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(c) If any Subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate amount of any prepaid Subscriber service fee, using the
number of days as a basis, shall be refunded to the Subscriber by Grantee.
SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS.
16.1 Franchise Fees.
(a) During the term of the Franchise, Grantee shall pay to the City a Franchise
Fee of five percent (5%) of Gross Revenues. If any such law, regulation, or valid rule
alters the five percent (5%) Franchise Fee ceiling enacted by the Cable Act, then the City shall have the authority to (but shall not be required to) increase the Franchise Fee, accordingly, provided such increase is for purposes not inconsistent with Applicable Law.
(b) In the event Grantee bundles or combines Cable Services (which are
subject to the Franchise Fee) with non-Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee for more than one (1) class of service resulting in a discount on Cable Services, Grantee agrees that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable Service revenue no less than a
pro rata share of the revenue received for the bundled or combined services. The pro rata
share shall be computed on the basis of the published charge for each service in the bundled or combined classes of services when purchased separately.
(c) Franchise Fees shall be paid quarterly not later than forty-five (45) Days following the end of a given quarter. In accordance with Section 16 of this Franchise,
Grantee shall file with the City a Franchise Fee payment worksheet, attached as Exhibit
C, signed by an authorized representative of Grantee, which identifies Gross Revenues earned by Grantee during the period for which payment is made. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim
which the City may have for further or additional sums payable under the provisions of
this section.
(d) Neither current nor previously paid Franchise Fees shall be subtracted from the Gross Revenue amount upon which Franchise Fees are calculated and due for any period, unless otherwise required by Applicable Law.
(e) Any Franchise Fees owing pursuant to this Franchise which remain unpaid
more than forty-five (45) Days after the dates specified herein shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater.
16.2 Auditing and Financial Records. Throughout the term of this Franchise, the
Grantee agrees that the City, upon reasonable prior written notice of twenty (20) Days to the
Grantee, may review such of the Grantee’s books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably
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necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise. Grantee shall provide such requested information as soon as possible and in no event more than
thirty (30) Days unless Grantee explains that it is not feasible to meet this timeline and provides
a written explanation for the delay and an estimated reasonable date for when such information will be provided. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of six (6) years, pursuant to Minn. Stat. § 541.05. The Grantee shall not deny the City access to any of the
Grantee’s records on the basis that the Grantee’s records are under the control of any parent
corporation, Affiliated Entity or a third party. The City may request in writing copies of any such records or books that are reasonably necessary, and the Grantee shall provide such copies within thirty (30) Days of the receipt of such request. One (1) copy of all reports and records required under this or any other section shall be furnished to the City at the sole expense of the
Grantee. If the requested books and records are too voluminous, or for security reasons cannot
be copied or removed, then the Grantee may request, in writing within ten (10) Days of receipt of such request, that the City inspect them at the Grantee’s local offices or at one of Grantee’s offices more convenient to City or its duly authorized agent. If any books or records of the Grantee are not kept in such office and not made available in copies to the City upon written
request as set forth above, and if the City determines that an examination of such records is
necessary for the enforcement of this Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by the Grantee.
16.3 Review of Record Keeping Methodology. Grantee agrees to meet with representative of the City upon request to review its methodology of record-keeping, financial
reporting, computing Franchise Fee obligations, and other procedures the understanding of
which the City deems necessary for understanding the meaning of reports and records.
16.4 Audit of Records. The City or its authorized agent may at any time and at the City’s own expense conduct an independent audit of the revenues of Grantee in order to verify the accuracy of Franchise Fees or PEG Fees paid to the City under this Franchise. Grantee and
each parent company of Grantee shall cooperate fully in the conduct of such audit. In the event
it is determined through such audit that Grantee has underpaid Franchise Fees in an amount of five percent (5%) or more than was due the City, then Grantee shall reimburse the City for the entire cost of the audit within thirty (30) days of the completion and acceptance of the audit by the City.
16.5 Records to be reviewed. The City agrees to request access to only those books
and records, in exercising its rights under this section, which it deems reasonably necessary for the enforcement and administration of the Franchise.
16.6 Indemnification by Grantee. Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers and employees
thereof, from and against any and all claims, suits, actions, liability and judgments for damage or
otherwise except those arising wholly from negligence on the part of the City or its employees; for actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee or its
officers, agents, employees, or contractors or to which Grantee’s or its officers, agents,
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employees or contractors acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by this Franchise or Applicable Law; arising out
of or alleged to arise out of any claim for damages for Grantee’s invasion of the right of privacy,
defamation of any Person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any Person, firm or corporation; arising out of or alleged to arise out of Grantee’s failure to comply with the provisions of any Applicable Law. Nothing herein shall be deemed to prevent the City, its
officers, or its employees from participating in the defense of any litigation by their own counsel
at such parties’ expense. Such participation shall not under any circumstances relieve Grantee from its duty of defense against liability or of paying any judgment entered against the City, its officers, or its employees.
16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense
take out and maintain during the term of this Franchise public liability insurance with a company
licensed to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less than “A-” that shall protect the Grantee, City and its officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any
subcontractors of Grantee. This liability insurance shall include, but shall not be limited to,
protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee’s vehicles, products, and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Three Million and No/100 Dollars ($3,000,000.00). The liability policy shall include:
(a) The policy shall provide coverage on an “occurrence” basis.
(b) The policy shall cover personal injury as well as bodily injury.
(c) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier’s standard endorsement as to bodily injuries, personal injuries and property damage.
(d) Broad form property damage liability shall be afforded.
(e) City shall be named as an additional insured on the policy.
(f) An endorsement shall be provided which states that the coverage is primary insurance with respect to claims arising from Grantee’s operations under this Franchise and that no other insurance maintained by the City will be called upon to
contribute to a loss under this coverage.
(g) Standard form of cross-liability shall be afforded.
(h) An endorsement stating that the policy shall not be canceled without thirty (30) Days’ notice of such cancellation given to City
(i) City reserves the right to adjust the insurance limit coverage requirements
of this Franchise no more than once every three (3) years. Any such adjustment by City
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will be no greater than the increase in the State of Minnesota Consumer Price Index (all consumers) for such three (3) year period.
(j) Upon the Effective Date, Grantee shall submit to City a certificate
documenting the required insurance, as well as any necessary properly executed endorsements. The certificate and documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Grantee 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 endorsements or certificates or other evidence of insurance, or to advise Grantee of any deficiencies in such documents and receipt thereof shall not relieve Grantee from, nor be deemed a waiver of, City’s right to enforce the terms of Grantee’s obligations hereunder. City reserves the right to examine any policy provided for under
this paragraph or to require further documentation reasonably necessary to form an
opinion regarding the adequacy of Grantee’s insurance coverage.
SECTION 17 MISCELLANEOUS PROVISIONS.
17.1 Posting and Publication. The Summary of Ordinance for Publication
(“Summary”) attached hereto as Exhibit D shall be published at least once in the official
newspaper of the City. Grantee shall assume the cost of posting and publication of the Summary as such posting and publication is required by law and such is payable upon Grantee’s filing of acceptance of this Franchise.
17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise
voluntarily in order to secure and in consideration of the grant from the City of a ten (10) year
Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by Grantee.
17.3 Entire Agreement. This Franchise contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and
cannot be changed orally but only by an instrument in writing executed by the parties.
17.4 Consent. Wherever the consent or approval of either Grantee or the City is specifically required in this agreement, such consent or approval shall not be unreasonably withheld.
17.5 Prior Franchise Terminated. The cable television franchise as originally
granted by Ordinance No. 26-2012 is hereby terminated.
17.6 Franchise Acceptance. No later than forty-five (45) Days following City Council approval of this Franchise, Grantee shall accept and return to the City an executed Franchise along with performance bonds, security funds, and evidence of insurance, all as provided in this Franchise. In the event Grantee fails to accept this Franchise, or fails to provide
the required documents, this Franchise shall be null and void. The Grantee agrees that despite
the fact that its written acceptance may occur after the Effective Date, the obligations of this Franchise shall become effective on February 1, 2023.
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17.7 Amendment of Franchise. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session
pursuant to Section 2.6 or at any other time if City and Grantee agree that such an amendment
will be in the public interest or if such an amendment is required due to changes in Applicable Laws; provided, however, nothing herein shall restrict City’s exercise of its police powers.
17.8 Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or
the City’s administrator of this Franchise during Normal Business Hours or forty-eight (48)
hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows:
To the City: City Manager, City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344 To the Grantee: Comcast Regional Vice President of Operations 10 River Park Place
St. Paul, MN 55107
Such addresses may be changed by either party upon notice to the other party given as provided in this section.
Recognizing the widespread usage and acceptance of electronic forms of communication,
emails and faxes will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications. Such communication should be addressed and directed to the Person of record as specified above.
17.9 Force Majeure. In the event that either party is prevented or delayed in the performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, delays in receiving permits where it is not the fault of Grantee, public
easements, sabotage, acts or omissions of the other party, or any other similar event beyond the
reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this Franchise, or to procure a substitute for such obligation to the reasonable satisfaction of the other party.
17.10 Work of Contractors and Subcontractors. Work by contractors and
subcontractors is subject to the same restrictions, limitations and conditions as if the work were
performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other Applicable Law, and shall be jointly and severally liable for all damages and correcting
all damage caused by them. It is Grantee’s responsibility to ensure that contractors,
subcontractors or other Persons performing work on Grantee’s behalf are familiar with the
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requirements of this Franchise, the City Code and other Applicable Laws governing the work performed by them.
17.11 Governing Law. This Franchise is made pursuant to Minnesota Statutes Chapter
238 and the City Code and is intended to comply with all requirements set forth therein. This Franchise shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within
the state.
17.12 Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt compliance.
17.13 Captions. The paragraph captions and headings in this Franchise are for
convenience and reference purposes only and shall not affect in any way the meaning of
interpretation of this Franchise.
17.14 Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the
last Day of the prescribed or fixed period or duration of time. When the last Day of the period
falls on Saturday, Sunday, or a legal holiday, that Day shall be omitted from the computation and the next business Day shall be the last Day of the period.
17.15 No Waiver. All rights and remedies given to the City by this Franchise or retained by the City herein shall be in addition to and cumulative with any and all other rights
and remedies, existing or implied, now or hereafter available to the City, at law or in equity, and
such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or
thereafter any other right or remedy.
17.16 Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes the City has the power to make the terms and conditions contained in this
Franchise.
17.17 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no longer have the right to occupy the Streets for the purpose of providing Cable Service. However, Grantee’s obligations to the City (other than the obligation to provide service to Subscribers) shall survive according to their terms.
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17.18 Competitive Equity
(a) The City reserves the right to grant additional franchises or similar
authorizations to provide Cable Services or Video Programming services via Cable
Systems or other Wireline MVPDs. The City intends to treat Wireline MVPDs in a nondiscriminatory manner to the extent permissible under Applicable Law. If, following the Effective Date of this Franchise, the City grants such an additional franchise or authorization to a Wireline MVPD and Grantee believes the City has done so on terms
materially more favorable than the obligations under this Franchise, then the provisions
of this Section 17.18 will apply.
(b) As part of this Franchise, the City and Grantee have mutually agreed upon the following terms as a condition of granting the Franchise, which terms may place the Grantee at a significant competitive disadvantage if not required of a Wireline MVPD:
the obligation to pay to the City a Franchise Fee, Gross Revenues as provided for and
defined in this Franchise, and the obligation to comply with the requirements in this Franchise regarding PEG funding, PEG Channels, security instruments, audits, remedies, and customer service obligations (hereinafter "Material Obligations"). The City and Grantee further agree that this provision shall not require a word for word identical
franchise or authorization for competitive equity so long as the regulatory and financial
burdens on each entity are materially equivalent.
(c) Within one (1) year of the adoption of a Wireline MVPD franchise or similar authorization, Grantee must notify the City in writing of the Material Obligations in this Franchise that Grantee believes exceed the Material Obligations of the wireline
competitor's franchise or similar authorization. The City and Grantee agree that they will
use best efforts in good faith to negotiate Grantee's proposed Franchise modifications, and that such negotiation will proceed and conclude within a ninety (90) Day time period, unless that time period is reduced or extended by mutual agreement of the parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such
negotiations, then the City shall amend this Franchise to include the modifications. If the
City and Grantee fail to reach agreement in such negotiations, Grantee may, at its option, elect to replace this Franchise by opting into the franchise or other similar lawful authorization that the City grants to another Wireline MVPD (with the understanding that Grantee may use its current system design and technology infrastructure to meet any
requirements of the new franchise), so as to ensure that the regulatory and financial
burdens on each entity are equivalent. If Grantee so elects and following the ninety (90) Day negotiation time period set forth in this paragraph 17.18 (c), the City shall immediately commence proceedings to replace this Franchise with the franchise issued to the other Wireline MVPD. Notwithstanding anything contained in this section to the
contrary, the City shall not be obligated to amend or replace this Franchise unless the new
entrant makes Cable Services or similar downstream Video programming service available for purchase by Subscribers or customers under its franchise agreement with or similar authorization from the City.
(d) In the event the City disputes that the Material Obligations are different,
Grantee may bring an action in federal or state court for a determination as to whether the
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Material Obligations are different and as to what franchise amendments would be necessary to remedy the disparity. Alternatively, Grantee may notify the City that it
elects to immediately commence the renewal process under 47 U.S.C. § 546 and to have
the remaining term of this Franchise shortened to not more than thirty (30) months.
(e) Nothing in this Section 17.18 is intended to alter the rights or obligations of either party under Applicable Law, and it shall only apply to the extent permitted under Applicable Law and FCC orders. In no event will the City be required to refund or
to offset against future amounts due the value of benefits already received.
(f) To the extent the City has legal authority to mandate a Cable Service franchise or similar authorization to a wireless provider of Cable Service, the competitive equity rights provided by this section shall apply with respect to Material Obligations imposed in such franchise or other similar agreement. In the event of a dispute regarding
the City's legal authority, Grantee shall have the burden to demonstrate that such
authority exists or does not exist.
17.19 FCC Preemption.
(a) At any time after this Franchise is approved by the City Council, the Grantee may, if Grantee is legally permitted by Applicable Law, provide the City with a
written list of “in-kind cable-related contributions” (as that term is defined by the FCC in
the Section 621 Order) that the Franchise requires Grantee to provide (including but not limited to the Complimentary Service requirements in Section 6.8) and the incremental cost(s) associated with the provision of the in-kind cable-related contributions. Within one hundred and twenty (120) days of receiving the aforementioned list, the City will
notify the Grantee whether, with respect to each identified in-kind cable-related
contribution, the Grantee is relieved, or temporarily relieved, of its obligations or is required to comply, subject either to the Grantee taking an offset to the Franchise Fee payments payable under Section 16.1 as may be permitted by the Section 621 Order or to the Grantee and the City agreeing to a separately negotiated charge payable by the City to
the Grantee.
(b) In the event the Section 621 Order is stayed or overturned in whole or in part by action of the FCC, the City and the Grantee will meet promptly to discuss what impact such action has on the provision of the in-kind cable-related contributions to which this section applies. It is the intent of the parties that the City shall be treated by
the Grantee in a reasonably comparable manner as other jurisdictions within the Twin
Cities Region with respect to any offsets or charges imposed by Grantee for the provision of Complimentary Service. Nothing herein waives the City’s right to enforce Grantee’s compliance with all lawful obligations contained in this Franchise.
17.20 Treatment of Negotiated Provisions. For the term of this Franchise any costs
incurred by Grantee pursuant to Sections 7.2(c), 7.5(c), 7.8, 7.10, 7.11, 7.12, 7.13, 7.16(b),
7.17, 7.18, 7.19, 13.1, 13.2, and 13.3, shall be treated by Grantee as Grantee’s business expense and not a Franchise Fee under Sections 1.23 and 16.1 of this Franchise or as a PEG Fee under Section 7.15 of this Franchise. Grantee reserves any rights it may have to recover
49 8516629v1
from Subscribers, as a separate line item from the PEG Fee in Section 7.15 of this Franchise, any PEG capital costs set forth in Section 7.2(a) and (c), 7.8, 7.10, 7.11, 7.12, 7.14 and 7.16 as
may be permitted by Applicable Law as of the Effective Date.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of June, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of _____, 2023.
ATTEST: CITY OF EDEN PRAIRIE, MINNESOTA
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the _____ day of _______, 2023.
50 8516629v1
ACCEPTED: This Franchise is accepted, and Comcast of Minnesota, Inc. agrees to be bound by its terms and conditions.
COMCAST OF MINNESOTA, INC.
By:
Its:
A-1 8516629v1
EXHIBIT A COMPLIMENTARY SERVICE LOCATIONS
BUILDING ADDRESS CITY
1. Eden Prairie Senior Center 8950 Eden Prairie Rd Eden Prairie 2. Eden Prairie City Hall 8080 Mitchell Rd Ofc Eden Prairie
3. Hennepin Tech College 13100 Collegeview Rd Eden Prairie
4. Eden Prairie School District 8100 School Rd Ste Metro E Eden Prairie 5. Oak Point Elementary 13400 Staring Lake Pkwy Eden Prairie
6. Cedar Ridge Elementary 8905 Braxton Dr Eden Prairie
7. Eden L Elementary 12000 Anderson Lakes Pkwy Eden Prairie
8. Prairie View Elementary 17255 Peterborg Rd Eden Prairie
9. Fire 3, Eden Prairie 7350 Eden Prairie Rd Eden Prairie
10. Fire Station #1, Eden Prairie 14800 Scenic Heights Rd Eden Prairie
11. Fire Station #4, Eden Prairie 17920 Linwood Ct Eden Prairie 12. Fire Station, Eden Prairie 12100 Sunnybrook Rd Eden Prairie
13. Eden Prairie High School 17185 Valley View Rd Eden Prairie
14. Forest High School 13708 Holly Rd Eden Prairie
15. Eden Prairie Library 479 Prairie Center Dr Eden Prairie
16. Central Middle School 8025 School Rd Eden Prairie
17. Eden Prairie Police Station 7900 Mitchell Rd Eden Prairie
18. Eden Prairie Dispatch 8080 Mitchell Rd Apt Cops Eden Prairie
19. Spanish Immersion School 8100 School Rd Eden Prairie
* For as long as the building remains publicly owned and operated. If the building is leased or operated by a commercial tenant, Grantee’s voluntary courtesy service offer will expire.
B-1 8516629v1
EXHIBIT B EXISTING PEG TRANSPORT LOCATIONS
BUILDING STREET ADDRESS Eden Prairie City Hall 8080 Mitchell Road
C-1 8516629v1
EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET
PEG Fee 1.5% Nothing in this Franchise Fee Payment Worksheet shall serve to modify the definition of “Gross Revenues” set forth in this Franchise.
D-1 8516629v1
EXHIBIT D SUMMARY OF ORDINANCE FOR PUBLICATION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE ___-2023
AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC.
TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EDEN PRAIRIE, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN.
On July 11, 2023, the City of Eden Prairie, Minnesota (“City”) adopted an ordinance granting a
Cable Television Franchise to Comcast of Minnesota, Inc. (“Comcast”). The Franchise serves two (2) purposes. First, it is intended to provide for and specify the means to attain the best possible cable service for the public by providing requirements for cable with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive
cable television franchise to Comcast, to operate, construct and maintain a cable system within
the City and contains specific requirements for Comcast to do so. The Franchise includes the following: 1) a Franchise Fee of 5% of Comcast’s annual gross revenues; 2) a Franchise term of ten (10) years; 3) incorporation of the City Code regarding
right-of-way protections; 4) a list of schools and public buildings entitled to receive
complimentary cable service; 5) dedicated channel capacity for public, education and government (“PEG”) access programming; 6) a PEG Fee of 1.5% of Comcast’s annual gross revenues to support local access programming as permitted under applicable law; 7) strong customer service standards regarding Comcast’s cable services; and 8) a performance bond and
letter of credit to enforce Comcast’s compliance with the Franchise.
Persons interested in reviewing a complete copy of the Ordinance may do so at the Eden Prairie City Hall at 8080 Mitchell Road, Eden Prairie, MN 55344 during the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday.
Effective Date: This Ordinance shall take effect upon publication. ATTEST:
Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on July 20, 2023
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2023 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2023 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 11th day of July, 2023.
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. ___-2023 is lengthy and contains tables.
B. The text of summary of Ordinance No. ___-2023, 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 __-2023 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 July 11, 2023. ___________________________
Ronald A. Case, Mayor
ATTEST:
________________________ Nicole Tingley, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE ___-2023
AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EDEN PRAIRIE, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN.
On July 11, 2023, the City of Eden Prairie, Minnesota (“City”) adopted an ordinance granting a Cable Television Franchise to Comcast of Minnesota, Inc. (“Comcast”). The Franchise serves two (2) purposes. First, it is intended to provide for and specify the means to attain the best possible cable service for the public by providing requirements for cable with respect to technical
standards, customer service obligations, and related matters. Second, it grants a non-exclusive
cable television franchise to Comcast, to operate, construct and maintain a cable system within the City and contains specific requirements for Comcast to do so. The Franchise includes the following: 1) a Franchise Fee of 5% of Comcast’s annual gross
revenues; 2) a Franchise term of ten (10) years; 3) incorporation of the City Code regarding
right-of-way protections; 4) a list of schools and public buildings entitled to receive complimentary cable service; 5) dedicated channel capacity for public, education and government (“PEG”) access programming; 6) a PEG Fee of 1.5% of Comcast’s annual gross revenues to support local access programming as permitted under applicable law; 7) strong
customer service standards regarding Comcast’s cable services; and 8) a performance bond and
letter of credit to enforce Comcast’s compliance with the Franchise. Persons interested in reviewing a complete copy of the Ordinance may do so at the Eden Prairie City Hall at 8080 Mitchell Road, Eden Prairie, MN 55344 during the hours of 8:00 a.m. and 4:30
p.m., Monday through Friday.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on July 20, 2023
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
July 11, 2023
DEPARTMENT / DIVISION
Administration Rick Clark, Facilities
ITEM DESCRIPTION
Maintenance Facility Vehicle Gates
ITEM NO.
VIII.E.
Requested Action
Move to: Award Contract for Maintenance Facility Vehicle Gates to Barnum Gate Services Synopsis Barnum Gate Services $110,165
Twin City Gate $127,350 Town & Country Fence. Decline Background As part of the 2023 Capital Improvement Plan staff worked on a vehicle gate solution to provide parking
lot security for our City assets located at the Maintenance Facility. The installation of 3 pivoting gates
will allow for a clear opening of 46 ft. for the main access and 25 ft. on the west. Gating and fencing
will be 6 ft. black vinyl chain link. Fencing to the east and west property lines from the gates will be
completed after gate installs. Visitor access is still maintained along the front of the building and parking
lot. Gating will have controllability via scheduling, card access and emergency responder requirements.
Bid were reviewed and verified.
Attachments Standard Agreement for Contract Services with Barnum Gate Services
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 11th day of July 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Barnum Gate Services, a Minnesota Company (hereinafter "Contractor") whose business address is 23950 Lake Blvd N Forrest Lake, MN 55025.
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 installation of 3 pivoting vehicle gates 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 July 11, 2023. The Work shall be completed by November 30, 2023.
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 necessary image or attitude, in the judgment of the owner, to present a first class operation.
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11
f. When necessary, Contractor’s personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $110,165.00
as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not
remove or replace the Project Manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11
Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements.
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11
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 11
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 11
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 11
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 11
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 11
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 11
Exhibit A
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
July 11, 2023
DEPARTMENT / DIVISION
Administration Rick Clark, Facilities
ITEM DESCRIPTION
Community Center Rink 1 & Free Weight Room AHU Replacement
ITEM NO.
VIII.F.
Requested Action
Move to: Award Contract of Base Bid for Community Center Rink 1 AHU Replacement to Peterson
Sheet Metal Synopsis Sealed bids were received Thursday, June 29, 2023, for the Community Center Rink 1 & Free Weight
Room AHU Replacement. Four bids were received with base bids for Rink 1 AHU and alternate 1 for Free Weight Room AHU. They are summarized below. Staff has reviewed the bids and recommends awarding the base bid to Peterson Sheet Metal for a total of $488,500.
Contractor Base
(Rink 1 AHU)
Alternate 1
(Free Weight
Room AHU)
*Declined
Total
Peterson Sheet Metal $488,500 $243,000 $731,500
Uhl Company $515,000 $235,125 $750,125
Total Mechanical Services $562,893 $323,803 $886,696
Metropolitan Mechanical $683,000 $283,000 $966,000
Background As part of the 2023 Capital Improvement Plan and Eden Prairie’s sustainability initiative the selected air
handling unit (AHU) for Rink 1 is 60% more efficient being spec’d as a heat recovery rooftop unit. It is
replacing two units, one of which has failed and are original to the Rink at 41 years old. Additional
funding for this project will come from 2023 and 2024 CIP reallocations as the original budgeted
amount was $275,000. The install of this project will be Summer of 2024 to allow scheduling of Rink
use shutdown. We will not be accepting Alternate 1 at this time and will revisit in a later year.
Attachment
Standard City Construction Contract with Peterson Sheet Metal
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 11th day of July 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Peterson Sheet Metal Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 3728 Bemidji Ave N. Bemidji, MN 56601.
.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for Replacement of Rink 1 AHU hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to
or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in
effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be
completed by August 1st, 2024.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $488,500.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
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4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and
that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any
way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in
writing and identified by the Contractor as unsettled at the time of Application for
Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each
of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract 2018 08 01 Page 3 of 14
6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
Standard Construction Contract 2018 08 01 Page 4 of 14
10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
Standard Construction Contract 2018 08 01 Page 5 of 14
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
Standard Construction Contract 2018 08 01 Page 6 of 14
shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN
$175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
Standard Construction Contract 2018 08 01 Page 7 of 14
deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
Standard Construction Contract 2018 08 01 Page 8 of 14
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate
Standard Construction Contract 2018 08 01 Page 9 of 14
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the
Standard Construction Contract 2018 08 01 Page 10 of 14
services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
Standard Construction Contract 2018 08 01 Page 11 of 14
termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, 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.
Standard Construction Contract 2018 08 01 Page 12 of 14
35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Contract shall contain similar Data Practices Act compliance
language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Standard Construction Contract 2018 08 01 Page 13 of 14
__________________________________
Mayor
___________________________________ City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
Standard Construction Contract 2018 08 01 Page 14 of 14
EXHBIIT A
Base bid of Community Center Rink #1 and Free Weight Room AHU Replacement, in
accordance with the Plans and Specifications contained in the Project Manual City of Eden Prairie Community Center Rink #1 and Free Weight Room AHU Replacement dated June 8, 2023, prepared by Quetica, LLC, Quetica Project No. 23112, which Project Manual is incorporated herein as if fully set forth.
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: July 11, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the
City Manager/Finance
ITEM DESCRIPTION: Approve Contract with BS&A Software for
Enterprise Resource Planning (ERP) System for
Financial Management and Utility Billing
ITEM NO.:
VIII.G.
Requested Action Move to: Approve the Contract with BS&A Software for Enterprise Resource Planning (ERP) System for Financial Management and Utility Billing.
Synopsis The City currently utilizes the LOGIS consortium for Financial Management, Utility Billing, and several other applications. The Financial Management and Utility Billing applications are 20+ years old and are in need of a major version update that will require as much time and effort as
converting to a new system all together. In 2021, LOGIS and its members issued a RFP and in 2022 selected Oracle and SpryPoint as the new vendors. The switch to the new software would increase the City’s costs by approximately 23% and also would require a 10 year commitment of remaining with LOGIS.
Based on the cost increase and 10 year commitment, the City decided to issue its own RFP. On December 28, 2022 a RFP for Software Implementation and Ongoing Maintenance Services for an Enterprise Resource Planning System and Utility Billing Software was issued. Four vendors responded to the RFP with two vendors offering both Financial and Utility Billing, one vendor offering only Financial and one vendor offering only Utility Billing. Three vendors were invited
for an in-depth interview and software demo. After additional software demonstrations and client reference checks, the City has selected BS&A to provide this important service. BS&A is offering a three-year contract, with no price increase in the second year and a cap of no more than the yearly Consumers Price Index for All Urban consumers U.S. city average in the third year. The Information Technology Division has budgeted for the Implementation costs.
One-Time
Vendor Financials Utility Billing Implementation Total
BS&A 57,410$ 19,600$ 199,570$ 276,580$
Tyler 109,893$ 13,935$ 300,450$ 424,278$
NetSuite-Financial Only 125,706$ N/A Did not provide 125,706$
SpryPoint-UB Only N/A 76,000$ 361,600$ 437,600$
LOGIS-Oracle/SpryPoint 182,140$ 158,836$ 408,739$ 749,715$
Annual
BS&A is based in Bath, MI and exclusively serve the public sector with all 2,000 + clients in
either local, county, or other government entities. The software would offer the following
additional functionality:
• BS&A is responsible for hosting (Cloud), software maintenance and updates, data storage, and disaster recovery.
• Unlimited number of concurrent users which makes it practical to provide access to as
many users and departments as desired without incurring any additional license costs.
• One integrated system for easy flow of information between applications. Attachment SaaS Services Agreement
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement, including the attached Exhibits (“Agreement”), is entered into by and between
BS&A Software LLC, ("BSA"), a Delaware limited liability company and the City of Eden Prairie, a Minnesota municipal
corporation (“Customer”), effective the date of the signature of the last Party to sign the Agreement (“Effective Date”).
Each party to the Agreement is referred to as a “Party” and the parties, collectively, are referred to as “Parties.”
This Agreement sets the terms and conditions under which BSA will furnish certain Software as a Service (“SaaS”) and
certain professional services described herein to Customer.
SECTION A – SAAS SERVICES
1. Rights Granted.
1.1. Upon the Effective Date, subject to the terms of this Agreement and Customer’s ongoing compliance
therewith, BSA hereby grants to Customer a non-exclusive, non-transferable, and non-assignable license to
use the BSA Software Products. “BSA Software Product(s)” means, the: (i) BSA Software as a Service set forth
in Schedule 1 to Exhibit A; (ii) related interfaces and customizations; (iii) BSA manuals, BSA official
specifications, and BSA user guides provided in or with BSA software products set forth in Schedule 1 to
Exhibit A (“Documentation”); and (iv) all modifications to the BSA software products set forth in Schedule
1 to Exhibit A, including, but not limited to, fixes, new versions, new releases, updates, upgrades,
corrections, patches, work-arounds (collectively, “Modifications”). For the avoidance of doubt,
Documentation does not include advertising, other general statements about products, or statements by
sales or other staff members.
1.2. Customer acknowledges that BSA will not ship copies of the BSA Software Products as part of the SaaS
Services.
2. Restrictions. Customer will not (i) sublicense, modify, adapt, translate, or otherwise transfer, reverse compile,
disassemble or otherwise reverse engineer BSA Software Products or any portion thereof without prior written
consent of BSA; (ii) access or otherwise use the BSA Software Products to create or support, and/or assist a third
party in creating or supporting software products competing with the BSA Software Products; or (iii) assign,
disclose, display, distribute, host, lease, license, outsource, permit timesharing or service bureau use, rent, sell,
transfer or otherwise use the BSA Software Products for any commercial use other than fulfilling Customers own
internal business purposes. Without limiting the foregoing, the BSA Software Products may not be modified by
anyone other than BSA. If Customer modifies the BSA Software Products without BSA’s prior written consent, any
BSA obligation to provide support services on, and the warranty for, the BSA Software Products will be void. All
rights not expressly granted are reserved.
3. SaaS Fees. Customer agrees to pay BSA, and BSA agrees to accept from Customer as payment in full for the rights
granted herein, the SaaS fees set forth in Schedule 1 to Exhibit A.
4. Ownership.
4.1. BSA retains all ownership and intellectual property rights to the SaaS Services, the BSA Software Product(s),
and anything developed by BSA under this Agreement. Customer does not acquire under this Agreement any
license to use the BSA Software Product(s) beyond the scope and/or duration of the SaaS Services. Customer
agrees not to challenge such rights and hereby assigns any and all copyrights and other intellectual property
rights in and to the BSA Software Products to BSA and agrees to execute any and all documents necessary to
effect the purpose of this paragraph. “Intellectual property rights” means all trademarks, copyrights, patents,
trade secrets, moral rights, know-how, and all other proprietary rights.
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4.2. Customer retains all ownership and intellectual property rights to the data.
5. Limited Software Warranty.
5.1. BSA warrants, for the term of use granted, that the BSA Software Products will perform without material defects
in workmanship or materials. Customer’s exclusive remedy in the event of a breach of this warranty shall be to
have BSA use reasonable efforts, consistent with industry standards, to repair or replace the non-conforming
BSA Software Product so as to render it conforming to the warranty, in accordance with the maintenance and
support process set forth below in Exhibit C and BSA’s then current Support Call Process.
5.2. THE FOREGOING LIMITED SOFTWARE WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS OR
WARRANTIES RELATING IN ANY WAY TO THE BSA SOFTWARE PRODUCTS INCLUDING, BUT NOT LIMITED TO,
THEIR FEATURES, ATTRIBUTES, FUNCTIONALITY, AND PERFORMANCE. THE FOREGOING LIMITED SOFTWARE
WARRANTY IS IN LIEU OF ALL SUCH REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. BSA
DOES NOT REPRESENT OR WARRANT THAT THE BSA SOFTWARE PRODUCTS WILL MEET ANY OR ALL OF
CUSTOMER’S PARTICULAR REQUIREMENTS, THAT THE OPERATION OF THE BSA SOFTWARE PRODUCTS WILL
OPERATE ERROR FREE OR UNINTERRUPTED, OR THAT ALL PROGRAMMING ERRORS IN THE BSA SOFTWARE
PRODUCTS CAN BE FOUND IN ORDER TO BE CORRECTED.
6. One Year Money Back Guarantee. BSA offers a one (1) year Money Back Guarantee on all SaaS products. If, for
any reason, Customer is not satisfied with the BSA Software Product, Customer may cancel service within one (1)
year of the date that the BSA Software Product becomes available for use (“Activation Date”), for a full refund of
the SaaS Fees, as identified in Schedule 1 to Exhibit A. Customer must notify BSA of intention to terminate at
least thirty (30) days prior to the end of the one (1) year period.
7. SaaS Services.
7.1. Customer will utilize shared hardware in a data center, but in a database dedicated to Customer’s use, which
is not accessible to other customers.
7.2. Microsoft Azure data centers, or any replacement data centers utilized by BSA during the term of this
Agreement are accessible only by authorized personnel, for specific business purposes, with prior approval
required.
7.3. Data centers utilized by BSA will have redundant telecommunications access, electrical power, and the
necessary hardware to provide access to the BSA Software Products in the event of a disaster or component
failure. In the event any of Customer’s data is lost or damaged due to a negligent act or omission of BSA, or
due to a defect in the BSA Software Product, BSA will use reasonable commercial efforts to restore data on
servers in accordance with the system capabilities and with the objective of minimizing any data loss possible
at no additional cost to the Customer. BSA’s systems are reasonably designed to ensure that the recovery point
shall not exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this section,
the declaration of disaster shall be declared by BSA in response to issues discovered by BSA, or upon
confirmation of issues relayed by Customer to BSA. Said declaration of disaster will not be unreasonably
withheld by BSA.
7.4. In the event that a backup must be restored due to a declaration of disaster, or database failure, BSA will be
responsible for importing backup data and verifying that Customer can log in at no additional cost to the
Customer. Customer will be solely responsible for running reports and testing critical processes to verify the
restored data.
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7.5. BSA’s systems are reasonably designed to ensure that access to the BSA Software Products can be restored
within one (1) business day of the declaration of disaster.
7.6. Customer will not attempt to reverse engineer, bypass, or otherwise subvert security restrictions in the BSA
Software Products or the SaaS environment related to the BSA Software Products. Unauthorized attempts to
access files, passwords, other confidential information, or unauthorized vulnerability and penetration testing
of BSA’s system (hosted or otherwise) is prohibited without the prior express written approval of BSA.
SECTION B – PROFESSIONAL SERVICES
8. Professional Services. BSA shall provide the services (“Professional Services”) set forth in Schedule 2 to Exhibit
A, for the prices indicated, provided Customer fulfills its obligations set forth in this Agreement. BSA and Customer
may enter into future Statements of Work, which shall become part of this Agreement. Future Statements of Work
resulting from a change in scope to the contracted services may necessitate Change Orders to indicate changes to
the agreed upon scope of work and any increase or decrease in costs related to the change in scope. Customer
acknowledges that the fees stated in the Cost Summary are good-faith estimates of the amount of time and
materials required for Customer’s implementation. BSA will bill Customer for the actual fees incurred based on the
services provided to Customer.
9. Change Orders. In the event of a change in the agreed upon project scope for professional services not covered
or otherwise included in the existing Agreement, Customer shall deliver to BSA’s Project Manager a written change
order and specify in such change order the proposed work with sufficient detail to enable BSA to evaluate it
(“Change Order”). BSA may, at its discretion, prescribe the format of the Change Order. BSA shall provide the
Customer with an evaluation of the Change Order, which may include a written proposal containing the following:
(i) implementation plan; (ii) the timeframe for performance; and (iii) the estimated price for performance of such
change, based on the then current rates for said services. Upon execution, all Change Orders shall be governed by
the terms and conditions of this Agreement, unless mutually agreed upon otherwise in writing. Customer
acknowledges that such Change Orders may affect the implementation schedule and dates otherwise established
as part of the project plan. The implementation schedule and schedule of activities for contracted services (the
“Project”) shall be established based on a timeline mutually agreed upon between the Parties following the
execution of this Agreement.
10. License and Ownership.
10.1. All rights, including intellectual property rights, in and to work product delivered as a result of Professional
Services under this Agreement shall be owned by BSA. For the avoidance of doubt, work product that
constitutes a BSA Software Product, or portion thereof shall be governed by Section A of this Agreement,
including Section 1.1 thereof.
10.2. Subject to Section 9.1 and Customer’s compliance with this Agreement (including payment in full), BSA grants
to Customer a non-exclusive, non-transferrable, and non-assignable license to use the work product and the
intellectual property rights therein for Customer’s internal business purposes only.
11. Cancellation. In the event Customer cancels or reschedules Professional Services (other than for Force Majeure or
breach by BSA), and without prejudice to BSA’s other rights and remedies, Customer is liable to BSA for: (i) all non-
refundable expenses actually incurred by BSA on Customer’s behalf; and (ii) daily Project Management or Training
fees associated with the cancelled Professional Services (in accordance with the daily fee rate), if less than thirty
(30) days advance notice is given regarding the need to cancel or reschedule and BSA cannot reasonably reassign
its affected human resources to other projects where comparable skills are required.
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12. Limited Professional Services Warranty.
12.1. BSA warrants that its Professional Services will be performed in a professional and workmanlike manner,
consistent with industry standards. In the event of a breach of the foregoing warranty and a claim in accordance
with the breach, BSA’s sole obligation and Customer’s exclusive remedy with respect to such claim will be to
have BSA reperform the portion of the Professional Services with respect to which the warranty has been
breached, to bring it into compliance with such warranty. Any claim for breach of the foregoing warranty must
be made by notice to BSA within thirty (30) days of performance of the portion of the Professional Services
with respect to which the claim is made or said claim shall be deemed waived.
12.2. THE FOREGOING LIMITED PROFESSIONAL SERVICES WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS
OR WARRANTIES RELATING TO THE PROFESSIONAL SERVICES, EXPRESS OR IMPLIED. INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN
LAW, OR FROM THE COURSE OF DEALING OR USAGE OF TRADE.
13. Customer Site Access and Assistance.
13.1. Customer agrees and acknowledges that the implementation of the BSA Software Products is a cooperative
process requiring time and resources of Customer personnel. Customer shall, and shall cause Customer
personnel to, use all reasonable efforts to cooperate with and assist BSA as may be reasonably required to
meet the project deadlines and other project milestones agreed to by the Parties for implementation. BSA shall
not be liable for failure to meet such deadlines and milestones when such failure is due to force majeure (as
defined in Section 31, below) or to the failure by Customer personnel to provide such cooperation and
assistance (either through action or omission.)
13.2. At no cost to BSA, Customer agrees to provide to BSA full access to and use of personnel, facilities, and
equipment as reasonably necessary for BSA to provide implementation and training services. Such access will
be subject to any reasonable security protocols or written policies provided to BSA prior to Effective Date of
this Agreement, or mutually agreed to thereafter.
SECTION C – MAINTENANCE AND SUPPORT
14. Maintenance and Support Generally.
14.1. For a one (1) year period, commencing on the Activation Date, and subject to Customer’s compliance with the
Agreement, BSA will provide, at no charge to Customer, “Maintenance and Support”, meaning the following;
(i) Modifications (such as patches, corrections and updates) as are generally provided at no additional charge
by BSA to BSA customers; and (ii) technical support assistance, as further described in Section 14, during BSA’s
normal business hours.
14.2. Commencing one (1) year from the Activation Date, Maintenance and Support will continue to be provided
subject to compliance with the terms of the Agreement and payment of the SaaS Fees outlined in Exhibit B.
14.3. BSA guarantees that the annual SaaS Fees, as set forth in Exhibit B will not change for two (2) years from the
Activation Date. After that date, BSA reserves the right each year to increase the fee over the previous year by
no more than an amount that is proportionate to the increase (measured from the beginning of such previous
year) in the Consumer Price Index as set forth by the U.S. Department of Labor, Bureau of Labor Statistics,
Consumer Price Index – All Urban Customers – U.S. City Average (CPI-U), or a similar measure should such data
become unavailable.
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14.4. Maintenance and Support and the SaaS fee do not include amounts that may be due for such items as
additional training, additional BSA Software Products, custom development work, hardware purchases, BSA
staff time to create or modify report writer based reports, configurable imports or exports, or data entry.
Additional fees may be payable for items charged on a per event basis, such as Permit Application Submission
Fees related to online permit applications.
15. Support.
15.1. With respect to Errors following expiration of the Limited Software Warranty, BSA’s sole obligation and
Customer’s sole remedy are set forth in this Section 15. Subject to Customer’s compliance with the terms of
the Agreement and payment of SaaS fees, BSA shall use commercially reasonable efforts, commensurate with
the severity level, to achieve its support response and resolution targets with respect to Errors as set forth in
Exhibit C. An “Error” means a verifiable and reproducible failure of a BSA Software Product to operate in
accordance with the Documentation under conditions of normal use and where the Error is directly attributable
to the BSA Software Product as updated with current Modifications. If the customer modifies the BSA Software
Products without BSA’s written consent, BSA’s obligation to provide support services on the BSA Software
Products will be void.
15.2. Support does not include the following: (i) installation or implementation of the BSA Software Products; (ii)
onsite training/support, remote training, application design, and other consulting services; (iii) support of an
operating system, hardware, or support outside of BSA’s normal business hours; (iv) support or support time
due to a cause external to the BSA Software Products adversely affecting their operability or serviceability,
which shall include, but not be limited to, water, fire, lightning, other natural calamities, misuse, abuse, or
neglect; (v) repair of the BSA Software Products modified in any way other than modifications made by BSA or
its authorized agents; and (vi) support of any other third-party vendors’ software, such as operating system
software, network software, database managers, word processers, etc. All such excluded Maintenance and
Support Services performed by BSA at Customer’s request shall be invoiced to Customer on a time and
materials basis, plus reasonable expenses associated therewith.
15.3. Notwithstanding anything to the contrary, Customer shall provide prompt notice of any Errors discovered by
Customer, or otherwise brought to the attention of Customer. Proper notice may include, without limitation,
prompt telephonic and written (either via e-mail or postal mail) notice to BSA of any purported Error. If
requested by BSA, Customer agrees to provide written documentation of Errors to substantiate those Errors
and to otherwise assist BSA in the detection and correction of said Errors. BSA will use its commercially
reasonable judgment to determine if an Error exists, and the severity of the Error.
15.4. Customer acknowledges and agrees that BSA and product vendors may require online access to the BSA
Software Product in order for BSA to provide Maintenance and Support Services hereunder. Accordingly,
Customer shall provide a high-speed internet connection to facilitate BSA’s remote access to the BSA Software
Products. BSA shall provide remote connection software, which may require installation of a software
component on a workstation or server computer.
SECTION D – THIRD PARTY PRODUCTS
16. Third Party Products.
16.1. BSA will sell, deliver and install onsite any hardware products not produced by BSA (“Third-Party Hardware”),
if purchased by Customer, for the prices set forth in Schedule 1 to Exhibit A, as modified by any subsequent
Change Order(s).
16.2. BSA shall not provide any warranty services on Third Party Hardware sold. BSA is not the manufacturer of the
Third-Party Products. To the extent applicable, BSA will grant and pass through to Customer any warranty that
BSA may receive from the supplier of the Third-Party Product(s).
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SECTION E – GENERAL TERMS AND CONDITIONS
17. BSA Proprietary Information.
17.1. Customer acknowledges that the information associated with or contained within the BSA Software Products
and information used in the performance of Professional Services include information relating to BSA Software
Products, BSA’s business, and the terms of this Agreement (the “Proprietary Information”). BSA acknowledges
that Customer is a government entity subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch.
13 (“MGDPA”).
17.2. Customer shall maintain in confidence and, except as required by the MGDPA, not disclose Proprietary
Information, directly or indirectly, to any third party without BSA’s prior written consent. Customer shall
safeguard the Proprietary Information to the same extent that it safeguards its own most confidential materials
or data, but in no event shall the standard implemented be less than industry standard. Proprietary Information
shall be used by Customer solely to fulfill its obligations under this Agreement. Except as required by the
MGDPA, Customer shall limit its dissemination of such Proprietary Information to employees within the
Customer’s business organization who are directly involved with the performance of this Agreement and have
a need to use such Proprietary Information. Customer shall be responsible for all disclosures by any person
receiving Proprietary Information, by or through it, as if Customer itself disseminated such information.
17.3. Proprietary Information shall not include any information that: (a) is or becomes publicly known through no
wrongful act of breach of any obligation of confidentiality by Customer; (b) was lawfully known to Customer
prior to the time it was disclosed to or learned by Customer in connection with this Agreement, provided that
such information is not known to Customer solely because of its prior business relationship with BSA; (c) was
received by Customer from a third party that is not under an obligation of confidentiality to BSA; or (d) is
independently developed by Customer for a party other than BSA without the use of any Proprietary
Information. The following circumstances shall not cause Proprietary Information to fall within any of the
exceptions (a) through (d) above: (i) a portion of such Proprietary Information is embraced by more general
information said to be in the public domain or previously known to, or subsequently disclosed to, the
Customer; or (ii) it is a combination derivable from separate sources of public information, none of which
discloses the combination itself.
17.4. If Customer is required, or anticipates that it will be required, to disclose any Confidential Information pursuant
to the MGDPA or to a court order or to a government authority, Customer shall, at its earliest opportunity,
provide written notice to BSA so as to give BSA a reasonable opportunity to secure a protective order or take
other actions as appropriate. Customer shall at all times cooperate with BSA so as to minimize any disclosure
to the extent allowed by applicable law.
17.5. All government data, as defined in the MGDPA Section 13.02, Subd. 7, which is created, collected, received,
stored, used, maintained, or disseminated by BSA in performing any of the functions of Customer during
performance of this Agreement is subject to the requirements of the MGDPA. To the extent BSA performs any
of Customer’s functions during performance of this Agreement, BSA shall comply with those requirements as
if it were a government entity. All subcontracts entered into by BSA in relation to this Agreement shall contain
similar MGDPA compliance language.
18. Insurance. Prior to providing products or services under this Agreement, BSA shall procure, maintain and pay for
such insurance as will protect against claims or loss which may arise out of operations by BSA 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:
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18.1. BSA shall maintain a general liability insurance policy with limits of at least $1,000,000 for each person, and
each occurrence, for both personal injury and property damage.
18.2. BSA shall maintain a professional liability insurance policy, which includes cyber liability coverage, in the
amount of $2,000,000. BSA agrees to maintain the professional liability insurance for a minimum of two (2)
years following termination of this Agreement.
18.3. BSA shall pay any retention or deductible for the insurance coverage required herein. BSA shall provide
Customer with a Certificate of Insurance verifying insurance coverage before providing services to Customer
under this Agreement.
19. Limitation on Liability and Damages. BSA’S ENTIRE LIABILITY AND RESPONSIBILITY FOR ANY AND ALL CLAIMS,
DAMAGES, OR LOSSES ARISING FROM THE BSA SOFTWARE PRODUCTS (INCLUDING BUT NOT LIMITED TO THEIR
USE, OPERATION AND/OR FAILURE TO OPERATE), PROFESSIONAL SERVICES, MAINTENANCE AND SUPPORT, ANY
THIRD-PARTY PERFORMANCE OR LACK THEREOF, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS
AGREEMENT, SHALL BE ABSOLUTELY LIMITED IN THE AGGREGATE FOR ALL CLAIMS TO DIRECT DAMAGES NOT IN
EXCESS OF THE INITIAL SAAS FEES PAID FOR THE FIRST YEAR OF SERVICE OF THE BSA SOFTWARE PRODUCTS
PLUS, TO THE EXTENT APPLICABLE, THE PURCHASE PRICE OF ANY PROFESSIONAL SERVICE SET FORTH IN THIS
AGREEMENT THAT GIVES RISE TO A CLAIM. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN, NEITHER
PARTY SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR CONTINGENT
DAMAGES OR EXPENSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING IN
ANY WAY OUT OF THIS AGREEMENT, BSA SOFTWARE PRODUCTS, ANY THIRD-PARTY PERFORMANCE, OR LACK
THEREOF, OR A PARTY’S PERFORMANCE, OR LACK THEREOF, UNDER THIS AGREEMENT, INCLUDING, WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, LOSS OF REVENUE, PROFIT, OR LOSS OF USE. TO THE EXTENT
THAT APPLICABLE LAW DOES NOT PERMIT THE LIMITATIONS SET FORTH HEREIN, THE LIABILITY AND DAMAGES
SHALL BE LIMTED AND RESTRICTED TO THE EXTENT PERMITTED BY LAW.
20. Additional Disclaimer. BSA PROVIDES NO WARRANTY FOR ANY THIRD-PARTY SOFTWARE AND/OR HARDWARE,
EXCEPT AS SET FORTH IN THIS AGREEMENT, BSA WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE,
THIRD-PARTY SERVICES AND/OR HARDWARE.
21. Indemnification for Intellectual Property Infringement. If a claim is made or an action is brought alleging that
a BSA Software Product infringes on a U.S. patent, or any copyright, trademark, trade secret or other proprietary
right, BSA will defend, indemnify, and hold Customer harmless against such claim and will pay resulting costs and
damages finally awarded, provided that: (a) customer promptly notifies BSA in writing of the claim; (b) BSA has sole
control of the defense and all related settlement negotiations; (c) Customer reasonably cooperates in such defense
at no expense to BSA; and (d) Customer remains in compliance with the Agreement and has continued to remain
current on payment of SaaS fees. The obligations of BSA under this Section are conditioned on Customer’s
agreement that if the applicable BSA Software Product, in whole or in part, or the use or operation thereof,
becomes, or in the opinion of BSA is likely to become, the subject of such a claim, BSA may at its expense and
without obligation to do so, either procure the right for the Customer to continue using the BSA Software Product
or, at the option of BSA, replace or modify the same so that it becomes non-infringing (provided such replacement
or modification maintains the same material functionality and does not adversely affect Customer’s use of the
Update as contemplated hereunder). In the event that BSA provides a replacement for Customer, Customer shall
cease use of the infringing product immediately upon receiving the replacement. THIS SECTION 21 SETS FORTH
THE ENTIRE LIABILITY AND OBLIGATION OF BSA AND THE SOLE AND EXCLUSIVE REMEDY FOR CUSTOMER FOR
ANY DAMAGES ARISING FROM ANY CLAIM OR ACTION COVERED BY THIS SECTION 21.
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22. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of BSA and
Customer. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to
make any claim or assert any right under this Agreement.
23. Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of
the state of Minnesota, without regard to its choice of law rules. BSA and the Customer agree that the exclusive
venue for any legal or equitable action shall be the Courts of the County of Hennepin, State of Minnesota, or in
any court in the United States of America lying in the District of Minnesota.
24. Entire Agreement. This Agreement represents the entire agreement of Customer and BSA with respect to the
subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written,
oral, expressed, implied, or statutory. Customer hereby acknowledges that in entering into this Agreement, it did
not rely on any information not explicitly set forth in this Agreement.
25. Contract Term. This initial term of this Agreement extends from the Effective Date of the Agreement until one (1)
year from the Activation Date. Upon expiration of the initial term, this Agreement will renew automatically for
successive one (1) year terms under the same terms and conditions set forth herein without further documentation
being required unless and until either party provides written notice to the other party, at least sixty (60) days prior
to the end of the then current term. Customer’s right to access or use the BSA Software Product will terminate at
the end of the Agreement.
26. Payment Terms. Customer shall pay BSA for all amounts in accordance with this Agreement and Exhibit A. No
claim for services furnished by BSA not specifically provided for herein shall be honored by Customer.
27. Termination. Without prejudice to other rights and remedies, and except as otherwise provided in this Agreement,
either Party may terminate this Agreement as set forth below. Upon termination of this Agreement: (a) Customer
shall promptly pay BSA for all fees and expenses that are not subject to a good faith dispute and that are related
to the software, products, and/or services received, or expenses BSA has incurred or delivered, prior to the effective
date of the termination (b) Customer shall return or destroy, at the direction of BSA, BSA’s Proprietary Information
in its possession. The termination of this Agreement will not discharge or otherwise affect any pre-termination
obligations of either Party existing under this Agreement at the time of termination. Sections 2, 4, 16, 17, 19, 20,
22, 24, 26 through 42, and the provisions of this Agreement which by their nature extend beyond the termination
of this Agreement, will survive the termination of the Agreement. No action arising out of this Agreement,
regardless of the form of action, may be brought by Customer more than one (1) year after the date the action
occurred.
27.1. Termination for Cause. If Customer believes that BSA has materially breached this Agreement, Customer may
terminate this Agreement for Cause in the event BSA does not cure, or create a mutually agreeable plan to
address, a material breach of this agreement within thirty (30) days after Notification by Customer. Notice shall
be provided in accordance with Section 32, below.
27.2. Force Majeure. Either Party may terminate this Agreement if a Force Majeure event suspends performance of
the SaaS Services for a period of forty-five (45) days or greater.
27.3. Lack of Appropriations. If Customer cannot appropriate, or otherwise make available funds sufficient to
continue to utilize the SaaS Services, Customer may unilaterally terminate this Agreement with thirty (30) days
written notice to BSA. Customer shall not be entitled to a refund, offset, or credit for previously paid, but
unused SaaS fees.
27.4. Failure to Pay SaaS Fees. Customer acknowledges that timely payment of SaaS Fees is necessary to maintain
continued access to the SaaS Services. If Customer does not make timely payment of SaaS fees, BSA may
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discontinue the SaaS Services, and deny access to the BSA Software Products. If such failure to pay is not cured
within forty-five (45) days of receiving BSA’s notice of intent to terminate, BSA may terminate this Agreement.
27.5. Convenience. Customer may terminate this Agreement for convenience upon sixty (60) days’ written notice to
BSA. If Customer terminates this Agreement for convenience, any SaaS fees already paid will not be prorated,
and will be retained by BSA.
28. Severability. If any term or provision of this Agreement, or the application thereof, to any extent, is held invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby, and
each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law.
29. No Waiver. In the event that any terms or conditions of this Agreement are not strictly enforced by either Party,
such nonenforcement will not act as, or be deemed as, a waiver or modification to this Agreement, nor will such
nonenforcement prevent either Party from enforcing terms of the Agreement thereafter.
30. Successors and Assigns. This Agreement shall be binding upon the successors, permitted assigns, representatives,
and heirs of the Parties hereto. For avoidance of doubt, any expanded use by Customer of the Program, for example,
in the event of annexation or desired shared services, shall require the consent of BSA.
31. Force Majeure. “Force Majeure” is defined as an event beyond the reasonable control of a Party, including
governmental action, war, riot or civil commotion, fine, natural disaster, epidemic, pandemic, other public health
emergency, problematic weather, lack of availability of Customer provided technology, labor disputes, restraints
affecting shipping or credit, delay of carriers or any other cause that could not, with reasonable diligence, be
foreseen, controlled or prevented by the Party. Neither Party shall be liable for delays in performing its obligations
under this Agreement to the extent that the delay is caused by Force Majeure.
32. Notice. All notices, requests, demands, and determinations under the Agreement (other than routine operational
communications), shall be in writing and shall be deemed duly given: (i) when delivered by hand; (ii) one (1) business
day after being given to a nationally recognized overnight delivery service for next-business-day delivery, all fees
prepaid; (iii) when sent by confirmed facsimile with a copy sent by another means specified in this provision; or (iv)
six (6) calendar days after the day of mailing, when mailed by United States mail, via registered or certified mail,
return receipt requested, postage prepaid, and in each case addressed as shall be set forth below. A Party may
from time-to-time change its address or designee for notification purposes by giving the other prior written notice
of the new address or designee and the date upon which it will become effective.
If to BSA:
BSA Software
14965 Abbey Lane
Bath, MI 48808
Attn: Contracts Manager
Telephone: 517-641-8900
If to Customer:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
10
Attn: City Manager
Telephone: 952-949-8300
33. Independent Contractor. This is not an agreement of partnership or employment of BSA or any of BSA’s
employees by Customer. BSA is an independent contractor for all purposes under this Agreement. BSA (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 BSA and in no respect employees of
Customer, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of
Customer, or otherwise bind or obligate Customer.
34. Business License. In the event a local business license is required for BSA to perform the services under this
Agreement, Customer agrees to promptly notify and inform BSA of such requirement, as well as to provide BSA
with the necessary paperwork and contact information so that BSA can obtain such license in a timely manner.
35. Nondiscrimination. BSA will not discriminate against any person employed, or applying for employment,
concerning the performance of BSA’s responsibilities under this Agreement. This discrimination prohibition will
apply to all matters of employment including hiring, tenure, and terms of employment, or otherwise with respect
to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age,
sex, sexual orientation, ancestry, disability that does not impact the individual’s ability to perform the duties of a
particular job or position, height, weight, marital status, or political affiliation. BSA will post, where appropriate, all
notices related to nondiscrimination as may be required by applicable law.
36. Taxes. Fees for SaaS Services, Professional Services, or any other fees shown in Schedule 1 to Exhibit A do not
include any taxes, including, without limitation, any sales, use or excise tax. Customer shall be responsible for all
taxes, exclusive of taxes on BSA’s net income, arising out of this Agreement. If Customer is not validly tax-exempt,
and BSA is required to remit taxes on customer’s behalf, Customer agrees to reimburse BSA for any taxes by BSA.
37. U.S. Government Rights. Each instance of the Documentation, Modifications and software that are constituents
of BSA Software Products is a “commercial item” as that term is defined at 48 C.F.R. § 2.101, consisting of
"commercial computer software" and "commercial computer software documentation" as such terms are used in
48 C.F.R. § 12.212. Any use, modification, reproduction release, performance, display or disclosure of the
Application by the U.S. Government shall be solely in accordance with the terms of this Agreement.
38. Export Control. Certain uses of the Software by Licensee may be subject to restrictions under United States
regulations relating to exports and ultimate end uses of computer software. Licensee agrees to fully comply with
all applicable United States laws and regulations, including but not limited to the Export Administration Act of
1979, as amended from time to time, the Arms Export Control Act, as amended from time to time, any regulations
promulgated thereunder to implement those statutes, and all sanctions programs administered by the U.S.
Government.
39. Audit Disclosure. Pursuant to Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting
procedures and practices of BSA or other parties relevant to this Agreement are subject to examination by
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Customer and either the Minnesota Legislative Auditor or the Minnesota State Auditor for a period of six (6) years
after the effective date of this Agreement.
40. Assignment. Neither party may assign this Agreement, nor any interest arising herein, without the written consent
of the other party.
41. Compliance with Laws and Regulations. In providing services hereunder, BSA shall abide by statutes, ordinances,
rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances,
rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement
and entitle Customer to terminate this Agreement as provided in Paragraph 27.1.
42. Contract Documents and Order of Precedence. The text of this Agreement without any Exhibits and Schedules
shall control over any inconsistent text in any of the Exhibits or Schedules. This Agreement includes the following
Exhibits and Schedules:
Exhibit A – Payment Terms Generally
Schedule 1 to Exhibit A – SaaS/Interface/Customization Fees
Schedule 2 to Exhibit A – Professional Service Fees
Exhibit B – Annual Service and Hosting Fees
Exhibit C – Support Call Process
IN WITNESS THEREOF, the Parties hereto have executed this Agreement as of the dates set forth below.
BSA SOFTWARE, INC. CUSTOMER
By: ______________________________ By: ___________________________
Name: ___________________________ Name: Ronald A. Case
Title: ____________________________ Title: Mayor
Date: ____________________________ Date: __________________________
By: ___________________________
Name: Rick Getschow
Title: City Manager
Date: __________________________
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EXHIBIT A
Payment Terms
1. Customer shall pay BSA within thirty (30) days of invoice. Payments not received within fifteen (15) days of the due date shall be subject to a one and one-half percent (1.5%) per month interest charge (or, if lower, the highest amount chargeable at law) assessed against the unpaid balance from the date due until the date payment is received 2. Any amount not subject to good faith dispute and not paid within fifteen (15) days of the due date of each invoice shall, without prejudice to other rights and remedies, be subject to an interest charge equal to the lesser of 1.5% monthly or the maximum interest charge permissible under applicable law, payable on demand. Any charges not disputed by Customer in good faith will be deemed approved and accepted by Customer. For purposes of this Agreement, a good faith dispute regarding amounts owed exists only if Customer provides in writing at least ten (10) days prior to due date of payment on the invoice, notification of such dispute, the specific portion of the invoice in dispute, and the specific grounds of the dispute (which must be asserted in good faith), and Customer pays in timely fashion such portions that are not subject to such dispute. 3. BSA shall invoice Customer $95,805 upon Effective Date for BSA’s Project Management/Implementation Planning Fees and Data Conversion fees as set forth in Schedule 2. 4. BSA shall invoice Customer $86,110 upon activation of Customer’s site for use of the BSA Software Product(s). Such amount equals BSA’s SaaS Fees as set forth in Schedule 1. 5. BSA shall invoice Customer $94,665 at completion of On-Site Implementation and Training. Such amount equals On-Site Implementation and Training costs, Customization and Interface costs, and travel expenses, as set forth in Schedule 2.
13
Schedule 1 to Exhibit A
SaaS Fees
14
Schedule 2 to Exhibit A
Professional Services Fees
15
16
EXHIBIT B
Annual Service Fees
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EXHIBIT C
Support Call Process
BSA’s standard hours for telephone support are from 8:30 a.m. to 5:00 p.m. (EST), Monday through Friday, excluding
holidays.
Customer can lodge a support request in three ways: (i) Contact Customer Support option located within the Help
menu of all of BSA’s applications (ii) BSA’s toll-free support line (1-855-BSA-SOFT) or via email.
BSA targets less than thirty (30) minutes for initial response (“Initial Response Target”).
Customer service requests fall into four main categories:
A. Technical. Questions or usage issues relating to I.T. functionality, future hardware purchases, and configuration. BSA tries to resolve these issues within BSA’s Initial Response Target or as soon thereafter as reasonably possible.
B. Questions/Support. General questions regarding functionality, use, and set-up of the applications. BSA tries to resolve these issues within BSA’s Initial Response Target or as soon thereafter as reasonably possible.
C. Requests. Customer requests for future enhancements to the applications. Key product management personnel meet with development staff on a regular basis to discuss the desirability and priority of such requests. BSA tries to resolve these issues within BSA’s Initial Response Target or as soon thereafter as reasonably possible.
D. Issues/Bugs. Errors fall into three (3) subcategories:
i. Critical. Cases where an Error has rendered the application or a material component unusable or not usable without substantial inconvenience causing material and detrimental consequences to business -- with no viable Customer workaround or alternative. The targeted resolution time for critical issues is less than one (1) business day.
ii. Moderate. Cases where an Error causes substantial inconvenience and added burden, but the application is still usable by Customer. The targeted resolution time for all moderate issues is within two (2) weeks, which is within BSA’s standard update cycle.
iii. Minimal. Cases that are mostly cosmetic in nature, and do not substantially impede functionality in any significant way. These issues are assigned a priority level at BSA’s regular meetings, and resolution times are based on the specified priority.
Remote Support Process
Some support calls may require further analysis of Customer’s database or set-up to diagnose a problem or to assist
Customer with a question. BSA’s remote support tools share Customer’s desktop via the Internet to provide Customer
with virtual on-site support. BSA’s support team is able to connect remotely to Customer’s desktop and view its setup,
diagnose problems, or assist Customer with screen navigation.
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EXHIBIT D
Statement of Work Statement of Work
City of Eden Prairie, Hennepin County MN
Prepared for: XXXXXX City of Eden Prairie, Hennepin County MN Prepared by: Dan J. Burns, CPA BS&A Software Date: May 11, 2023 Version: 1 Revision: 1.1 Status: Draft
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Table of Contents
1. Contact List ................................................................................................................................................................................................................. 20
2. Key Data from Proposal ........................................................................................................................................................................................ 21
3. Activities and Deliverables ................................................................................................................................................................................... 22
3.1 GL/Budgeting .................................................................................................................................................................................................... 22 3.2 Cash Receipting ................................................................................................................................................................................................ 22 3.3 Accounts Payable ............................................................................................................................................................................................. 23 3.5 Fixed Assets ........................................................................................................................................................................................................ 23 3.6 Accounts Receivables ..................................................................................................................................................................................... 24 3.7 Utility Billing ....................................................................................................................................................................................................... 24
4. Delivery Method ....................................................................................................................................................................................................... 26
4.1 Generalized Approach ................................................................................................................................................................................... 26 4.2 Sample Schedule .............................................................................................................................................................................................. 28 4.3 Gantt Chart ......................................................................................................................................................................................................... 29
5. Project Management Process ............................................................................................................................................................................. 30
5.1 Organization – Roles and Responsibilities ............................................................................................................................................ 30 5.2 Change Control................................................................................................................................................................................................. 31 5.3 RAID Management .......................................................................................................................................................................................... 32
6. Review and Approval .............................................................................................................................................................................................. 33
7. Appendix...................................................................................................................................................................................................................... 34
7.1 Change Request Form ................................................................................................................................................................................... 34 Table of Figures
Figure 1: Delivery Process Overview ..................................................................................................................................................................... 26
Figure 2: Delivery Process - Execute Phase ........................................................................................................................................................ 27
Figure 3: Change Control Procedure .................................................................................................................................................................... 31
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1. Contact List
This section provides the list of key contacts for both BS&A Software and City of Eden Prairie, MN : BS&A Contacts Name Email Cell
Dan J. Burns, CPA dburns@bsasoftware.com Jason Hafner, CPA jhafner@bsasoftware.com City of Eden Prairie Contacts
Name Email Cell
Tammy Wilson twilson@edenprairie.org 952-949-8376 Name two Email two Cell two Name three Email three Cell three
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2. Key Data from Proposal
SCREEN SHOTS OF KEY PAGES WILL BE PASTED HERE
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3. Activities and Deliverables
This section describes specific activities and deliverables that will be provided by BS&A Software to fulfill the obligations set out in the proposal. Each subsection includes the detailed requirements for: Data Conversion, Process Definition, and Cutover. 3.1 GL/Budgeting Establish BS&A Databases
1. Extract preliminary data with corroborating reports 2. Confirm fiscal year end and desired GL format 3. Preliminary conversion development 4. Preliminary conversion QC and documentation 5. Preliminary conversion data review 6. Extract final data with corroborating reports 7. Convert final data 8. QC final BS&A database and documentation 9. Build GL banks and assign GL cash accounts 10. Set up due to/due from rules 11. Verify final BS&A database at cutover Establish BS&A Process
1. Review current GL process a. Chart of Accounts analysis b. Budget process and timing c. Bank reconciliation process and timing d. Pooled cash environments e. Funds with differing FYEs f. Project accounting g. Grant accounting 2. Review BS&A application functionality 3. Define BS&A process and training requirements 4. Document BS&A process 5. Verify final BS&A process at cutover 3.2 Cash Receipting Establish BS&A Databases
1. Extract preliminary data with corroborating reports 2. Confirm fiscal year end and desired GL format 3. Preliminary conversion development 4. Preliminary conversion QC and documentation 5. Preliminary conversion data review 6. Extract final data with corroborating reports 7. Convert final data a. If no conversion, add receipt items 8. QC final BS&A database and documentation 9. Verify final BS&A database at cutover Establish BS&A Process
23
1. Review current CR process a. Number of receipting stations b. Confirm receipting hardware requirements c. Any required application interfaces 2. Review BS&A application functionality 3. Define BS&A process and training requirements 4. Document BS&A process 5. Verify final BS&A process at cutover 3.3 Accounts Payable Establish BS&A Databases
1. Extract preliminary data with corroborating reports 2. Confirm fiscal year end and desired GL format 3. Preliminary conversion development 4. Preliminary conversion QC and documentation 5. Preliminary conversion data review 6. Extract final data with corroborating reports 7. Convert final data a. If no conversion, import vendors list 8. QC final BS&A database and documentation a. Verify 1099 vendors are marked 9. Verify final BS&A database at cutover Establish BS&A Process
1. Review current AP process a. Invoice entry process and timing b. Approval process c. Check run process and timing 2. Review BS&A application functionality 3. Define BS&A process and training requirements 4. Document BS&A process 5. Verify final BS&A process at cutover 3.4 Fixed Assets Establish BS&A Databases
1. Extract preliminary data with corroborating reports 2. Collect screen shots from current solution 3. Preliminary conversion development 4. Preliminary conversion QC and documentation 5. Preliminary conversion data review 6. Extract final data with corroborating reports 7. Convert final data 8. QC final BS&A database and documentation 9. Verify final BS&A database at cutover Establish BS&A Process
1. Review current FA process
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a. Depreciation schedule b. Construction in progress c. Improvements d. Importing assets from PO or AP 2. Review BS&A application functionality 3. Define BS&A process and training requirements 4. Document BS&A process 5. Verify final BS&A process at cutover 3.5 Accounts Receivable Establish BS&A Databases
1. Extract preliminary data with corroborating reports 2. Setup preliminary data 3. Extract final data with corroborating reports 4. Setup final data 5. QC final BS&A database and documentation 6. Customize AR invoice format 7. Customize customer statement format 8. Verify final BS&A database at cutover Establish BS&A Process
1. Review current AR process a. Invoice entry process b. Billing frequency c. Penalties d. ACH payments e. Handling of delinquent balances f. Any required application interfaces 2. Review BS&A application functionality 3. Define BS&A process and training requirements 4. Document BS&A process 5. Verify final BS&A process at cutover 3.6 Utility Billing Establish BS&A Databases
1. Extract preliminary data with corroborating reports 2. Collect screen shots from current solution 3. Preliminary conversion development 4. Preliminary conversion QC and documentation 5. Preliminary conversion data review 6. Customize bill format and other documents 7. Extract final data with corroborating reports 8. Convert final data 9. QC final BS&A database and documentation 10. Verify final BS&A database at cutover Establish BS&A Process
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1. Review current UB process a. Billing frequency and timing b. Read file interfaces c. Bill printing process d. Payment process e. Delinquent balance process f. Work orders g. Any required application interfaces 2. Review BS&A application functionality 3. Establish new read file interface 4. Establish payment file interface 5. Establish printer export file 6. Define BS&A process and training requirements
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4. Delivery Method
This section describes the method that BS&A Software will use to deliver this project to City of Eden Prairie. This method is described in terms of the generalized approach and as a detailed schedule. 4.1 Generalized Approach BS&A Software will use the following four-phase approach to fulfill the needs of City of Eden Prairie:
Phase 1 – Initiate This phase encompasses the work necessary to achieve a signed proposal. (This phase is usually completed with the signed proposal).
Phase 2 – Plan This phase follows the signed proposal and produces the detailed description for the work to be undertaken and the schedule for the work, and is presented in the Statement of Work (this document).
Phase 3 – Execute This phase encompasses all of the activity necessary to bring into operation the applications provided by BS&A Software and the associated training.
Phase 4 – Close This phase provides a formal conclusion of the project and the handover to BS&A’s support team. Figure 1: Delivery Process Overview
This diagram shows the general approach that BS&A Software will follow to deliver this project.
P1
Initiate
P2
Plan
P3
Execute
P4
Close
Signed Proposal
Signed Statement Of Work
AcknowledgeCutover CompleteCertificate
Signed Deployment CompleteCertificate
Customer Requirement
Acknowledge Training CompleteCertificate
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Figure 2: Delivery Process - Execute Phase
This diagram shows the activities within the Execute phase of the project, which are:
∼ Establish BS&A database(s)
∼ Establish BS&A process(s)
∼ Install and cutover
∼ Train customer staff The details for each activity can be provided if required.
P3.1
Establish BS&A Database
P3.2
Establish BS&A Process
P3.3
Install and Cutover
P3.4
Train Customer Staff
Signed Data Conversion Approach
Implementation Project Manager
AcknowledgedCutover Complete Certificate
Customer
Signed BS&A Process
Trainer
Acknowledged Cutover Complete Certificate
IT
Statement of Work
Process Implicationsfor BS&A Database
Database Architect
Acknowledged Training Complete Certificate
Signed BS&A Database
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4.2 Sample Schedule
TASK NAME FINISH RESOURCE NAME
Establish BS&A Database 10 Jun ‘13
Extract preliminary (test) data and reports 10 Jun ‘13 IT, Customer
Run test conversions and produce conversion notes 10 Jun ‘13 Database architect
Create BS&A databases 10 Jun ‘13 Database architect
Resolve conversion issues and confirm conversion approach 10 Jun ‘13 Database architect
Signed conversion approach and BS&A database 10 Jun ‘13 Customer
Establish BS&A Process 10 Jun ‘13
Review customer current process 10 Jun ‘13 Customer
Review BS&A application functionality 10 Jun ‘13 Developer
Define BS&A process 10 Jun ‘13 Customer
Document BS&A process 10 Jun ‘13 Developer
Establish BS&A Process – Complete 10 Jun ‘13
Install and Cutover 10 Jun ‘13
Install and configure application 10 Jun ‘13 IT
Extract final data 10 Jun ‘13 IT
Convert and verify final data 10 Jun ‘13 Database architect
Restore and verify converted data and configure 10 Jun ‘13 Trainer, customer
Acknowledge Cutover complete 10 Jun ‘13 Customer
Install and Cutover complete 10 Jun ‘13
Train customer staff 10 Jun ‘13
Review outcome of implementation process 10 Jun ‘13 Trainer
Accounts Payable 10 Jun ‘13 Trainer
NEXT APP NAME DATE Trainer
Review outcome of training with customer 10 Jun ‘13 Trainer
Acknowledge training complete 10 Jun ‘13 Customer
Train customer staff – complete 10 Jun ‘13
Execute – complete 10 Jun ‘13
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4.3 Gantt Chart
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5. Project Management Process
This section describes the following project management procedures that will be used to support the delivery of this project:
∼ Organization
∼ Change Control
∼ RAID Management (Risk, Action, Issue, Decision) 5.1 Organization – Roles and Responsibilities This subsection describes the organization that BS&A Software will use to support the delivery of this project. Project Specific Roles BS&A Software will use the following roles during the project:
∼ Implementation Director
` Has overall accountability for the project and provides a point of escalation for the customer.
∼ Implementation Project Manager
` Has day-to-day accountability for the project.
` Manages and coordinates all activities and resources associated with the project
` Produces and maintains the Project Plan
` Responsible for and leads the work associated with the development of the customer’s new processes.
∼ Database Architect
` Responsible for and leads the work associated with the development of the customer’s new databases.
∼ Trainer
` Responsible for and leads the cutover and delivery of the training.
∼ IT
` Assists with the extraction of test and production data from the customer’s existing applications.
` Responsible for the installation of the BS&A applications on the customer’s production environment.
∼ Subject Matter Experts
` May assist as required. Note: there may be a number of people fulfilling each role; i.e., trainers may only train on specific applications.
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5.2 Change Control This subsection describes the Change Control procedure that BS&A Software will use to support the delivery of projects.
Figure 3: Change Control Procedure
This diagram shows the Change Control Procedure and activities as follows:
∼ Raise change request
∼ Assess impact
∼ Confirm outcome The details of these activities are available in the Project Management Procedures document.
A1
Raise Change Request
A2
Assess Impact
A3
Confirm Outcome
Change Request
Impact Assessed Change Request
Requirement
Change Control Procedure
Change Request Log CustomerImplementation Project Manager
Reject
Accept
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5.3 RAID Management This subsection provides an overview of the RAID Management (Risk, Action, Issue, and Decision) procedures that will be used to support the delivery of this project.
ITEM DEFINITION ATTRIBUTES
Risk Used to describe events that may occur and the impact on the project if they occur Creation – can be raised at any point during the life of the project
Review – risks will be reviewed at specific times during the project
Lifespan – could remain open for the duration of the project
Action Used to describe and control the specific tasks that are raised at management meetings.
These tasks are outside of activities listed in the Project Plan and Statement of Work.
Creation – are raised at an appropriate management meeting, and can be raised at any point during the life of the project.
Review – progress towards closure will be reviewed at each subsequent instance of the management meeting at which the action was raised.
Lifespan – the expectation is that an action will be closed within two iterations of the management meeting at which they were raised.
Issue Used to describe and bring focus to a situation where a task on the project plan has not been, or cannot be, delivered according to: schedule, specification, or budget.
Creation – can be raised at any point during the life of the project.
Review – progress towards closure will be reviewed at the management meeting.
Lifespan – an issue will remain open until it has been resolved to the satisfaction of all concerned.
Decision Used to describe and record a decision made by the project; i.e., the outcome of a change request, or the approval of a milestone.
Creation – can be raised at any point during the life of the project.
Review – decisions are presented to a management meeting that has the authority to make those decisions.
Lifespan – a decision will be open up to the point that when it is presented to the meeting, it will be either accepted or rejected (a “no-decision” is equal to a rejection).
The details of the RAID Management procedure are available in the Project Management Procedures document.
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6. Review and Approval
There will be various review points during the project (see Project Schedule Dates) when a formal review of progress will be marked by the confirmation of, and agreement to, specific deliverables. You will receive a confirmation email at the completion of each of the following milestones in the implementation process. A return email will serve as your approval:
∼ Statement of Work. At this point, we will ask you to acknowledge that you have received the Statement of Work and that it represents the agreed-upon scope of the project.
∼ BS&A Database and Conversion Approach. At this point, we will ask you to acknowledge that you have received the BS&A Database and Conversion Approach, and that it represents an acceptable conversion plan for Cutover.
∼ Cutover Complete. At this point, we will ask you to acknowledge that the Implementation Team has provided an agreed-upon BS&A Database and Conversion Approach.
∼ Training Complete. At this point, we will ask you to acknowledge that the Training Team has delivered training consistent with the Statement of Work, or that some days were left unused and should not be billed.
∼ Deployment Complete. At this point, we will ask you to acknowledge that BS&A has provided deliverables consistent with the Statement of Work, and that any outstanding issues from the Implementation and Training processes have been addressed or transferred to the Support Team.
34
7. Appendix
7.1 Change Request Form
7.1 Change Request Form
TITLE &A SOFTWARE
Owner Provide the name of the person who would like this Change Request to go forward for consideration.
Date Raised Provide the date that this Change Request was raised
Rationale [tick most appropriate] What is the primary reason for raising this Change Request?
Unknown
Resolve an issue
Terminate or treat a risk
Reduce project cost
Improve the business case
Increase capability
Align with external environment
Comply with legal or regulatory requirements
Description [tick all appropriate] What needs to change?
Change scope
Change specification
Change design
Change strategy or approach
Change schedule
Description notes Provide a brief description of what needs to change, and include reference to the specific milestones that will be affected.
Benefit [tick most appropriate] What is the expected scale of the benefit associated with this Change Request?
Unknown
Less than $1,000
Between $1,000 and $5,000
Between $5,000 and $10,000
More than $10,000
Impact on schedule [tick most appropriate] What is the estimated impact on the schedule of this Change Request?
Unknown
No impact
One month
Between one month and three months
More than three months
Impact on cost [tick most appropriate] What is the estimated direct cost of implementing this Change Request?
Unknown
Less than $1,000
Between $1,000 and $5,000
Between $5,000 and $10,000
More than $10,000
35
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Amendment to Short Form Construction Contract Nesbitt Preserve Park Trail & Pavement Improvements
ITEM NO.:
VIII.H.
Motion
Move to: Approve Amendment to Short Form Construction Contract for Nesbitt Preserve Park Trail & Pavement Improvements for the additional amount of $47,485.69. Synopsis
The City entered into a contractual agreement with Minnesota Roadways on April 4, 2023 to rehabilitate several areas of bituminous within Nesbitt Preserve Park. During construction the City and Minnesota Roadways identified the need for additional work to be performed. This work included the reconstruction of a section of walkway adjacent to the warming house, the repair of one storm water catch basin, and soil corrections in several areas to be paved with new
bituminous to promote stability and longevity. Background The scope of this project is to replace failing bituminous in the parking lot, several sections of
trail, and basketball court as well as update two adjacent pedestrian ramps to meet ADA standards. During construction several areas in which old bituminous was removed revealed there was no compacted granular sub-base to stabilize the clay soils below. Soil corrections were made to provide stabilization and promote longevity of the new bituminous surfacing.
In addition to this work Minnesota Roadways repaired one failing stormwater catch basin. The basin was offset from the rings below and allowed water to undermine the pavement as well as adjacent curb & cutter. Minnesota Roadways also replaced one large concrete panel located in the walkway leading to the warming house that had failed becoming hazardous to pedestrians. Recommendation Staff recommends amendment of the short form construction contract with Minnesota Roadways Co. for the bituminous rehabilitation work performed at Nesbitt Preserve to improve the trial system, parking lot, and basketball court. Attachment Amendment to Short Form Construction Contract – Nesbitt Preserve Trail & Pavement Improvements
First Amendment To Short Form Construction Contract This First Amendment to Short Form Construction Contract (Amendment) is made on the 11th day of July, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Minnesota Roadways Co., a Minnesota Company (hereinafter "Consultant") whose business address is 4370 Valley Industrial Blvd. S. Shakopee, MN 55379. WHEREAS City and Consultant entered into a Short Form Construction Contract on the 4th day of April, 2023 for the work described in the Plans and Specifications prepared by the Public Works Department, I.C. 23816 Nesbitt Preserve Park Trail & Pavement Improvements.
WHEREAS City and Consultant desire to amend paragraphs 1, 2, and 4 of the Agreement relating to the Scope of Work and increase the compensation to be paid to the Contractor by $47,485.69 for these additional services. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Scope of Work: The Scope of Work identified in Paragraphs 1 and 4, is amended to include the following additional services: CO #1 Remove and pour new concrete sidewalk panels leading to warming house. Remove and reset failing storm water catch basin and replace adjacent curb and gutter to correct drainage issue.
CO #2 Soil corrections in several areas of trails and parking lots that we build on
clay soil and had no sub-base. Work includes sub cut of existing clay soil, installation of compacted 2-3” angular rock, installation of soil stabilization geogrid, and installation of compacted ¾” minus limestone.
2. Compensation for Services: Paragraph 2 is amended to state that the City agrees to pay the Contractor an aggregate sum in a total amount not to exceed $340,458.04 for
the services as described in Paragraphs 1 and 4 as amended hereby. 3. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original. 4. Entire Agreement. This Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect. 5. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________ Mayor __________________________________ City Manager
Minnesota Roadways Co.
By: ______________________________ Its: ______________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award contract for Riley Lake Volleyball Rehabilitation to Odessa II.
ITEM NO.:
VIII.I.
Motion
Move to: Award contract for the rehabilitation of the volleyball courts at Riley Lake Park, 9180 Riley Lake Road, to Odessa II in the amount of $70,760.00. Synopsis
Riley Lake volleyball courts are located within one of Eden Prairie’s premier parks and are the highest use volleyball courts in Eden Prairie as well as one of the highest use facilities in the southwest metro area. Beyond standard maintenance, this facility has not received any significant upgrades since it was built and needs new amenities to supplement the high use of this facility. Background The scope of this project is to replace the dilapidated timbers outlining the courts with new concrete curbing, regrade the built up turf adjacent to the courts to return the adjacent turf to level with the courts, and to provide a new concrete walkway connecting visitors to a new
concrete plaza on the East side of the courts that will later be supplemented with seating and umbrellas for spectators and players to rest and spectate in shade. The funding for this rehabilitation project comes from the Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2023 Riley Lake Volleyball Rehabilitation
Odessa II $70,760.00
Sunram Construction Inc. $77,768.00
Blackstone Contractors, LLC. $86,966.04
Attachment Form of Contract
Exhibit A
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 11th day of July, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Odessa II, a Minnesota company(hereinafter "Contractor") whose business address is 9003 Mayhew Lake Rd NE, Sauk Rapids, MN 56379.
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 2023 Riley Lake Park Volleyball Court Rehabilitation 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 July 11th, 2023. The work shall begin October 2nd, 2023, and shall be completed by October
31st, 2023.
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 10
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.
c. Provide an area to dump unusable soil at the MOSS site.
d. Provide a loader and operator to load semi-trucks with the unusable soil to be hauled off site.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $70,760.00 as
full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall 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
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10
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 10
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 10
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 10
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 10
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 10
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 10
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 10
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: _______________________________
Exhibit A
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
July 11, 2023
DEPARTMENT / DIVISION
Scott Gerber/Fire Department
ITEM DESCRIPTION
Approve contract for Fire Station One
Emergency Operations Center upgrade
ITEM NO.
VIII.J.
Requested Action Move to: Approve contract with EPA Audio Visual Inc., for Eden Prairie Fire Station One Emergency Operations Center upgrade.
Synopsis This purchase will bring upgrades to our Emergency Operations Center (EOC) which will enable the EOC to better support emergency management incidents in the City of Eden Prairie. This project will also utilize some existing equipment in the current EOC. Two quotes were received. EPA is the low bid and
is the preferred contractor. This purchase is being paid for with CIP funds allotted for this project. Scope
of project is not to exceed $100,000. Attachments
1. Quote and Contract for EPA Audio Visual Inc.
2. Quote from iSpace Environments 3. Quote from Prairie Electric
Fire Station 1
Eden Prairie Fire Department
4/24/2023
Emily Jenkins
emily.jenkins@ispaceenvironments.com
763.291.9844
Quote Date:
13909Project #:
152128MN State AV Contract:
Quote expires thirty (30) days from date of quote shown above
3701 Wayzata Blvd
Suite 425
Minneapolis, MN 55416
5REV:
SCOPE OF WORK
Eden Prairie Fire Station 1
Displays:
Front Wall:iSpace Environments to provide and install three (3) 86” commercial displays on front wall with tilt wall mounts and
necessary hardware.
iSpace Environments to provide and install three (3) network video decoders for each display to receive and video signal
encoded to video over IP network.
*The projector and screen will be removed and left with customer.
East Wall:
iSpace Environments will install one (1) owner furnished display on east wall with new tilt wall mount and necessary
hardware.
iSpace Environments to provide and install one (1) network video decoder for display to receive and video signal encoded
to video over IP network.
West Wall:
iSpace Environments will install one (1) owner furnished display on west wall with new tilt wall mount and necessary
hardware.
iSpace Environments to provide and install one (1) network video decoder for display to receive and video signal encoded
to video over IP network.
Sources:Five (5) available presentation sources for the room will be:
- (2) existing cable TV boxes
- (1) existing dedicated PC, which will also include soft client videoconferencing capability
- (1) existing Blu-ray player
- (1) HDMI/USB-C wall plate in the front of the room for bring-your-own-device presentation
Video:
Video distribution will be handled by Biamp LUX video-over-IP platform. Each source will receive a LUX encoder, and each
display will receive a LUX decoder for delivering video.
One (1) Vaddio pan-tilt-zoom camera will be installed at the front of the room. This will connect via USB to the dedicated
PC in the equipment rack for soft client videoconferencing (E.G. Teams, Zoom, etc.). This camera system will also be
capable of adding more cameras (up to 4) in the future if desired.
iSpace to install network switches to accommodate video routing, switching and control. Owner to provide necessary
network provisions and information.
Audio:
One (1) Biamp Tesira Forte AVB VT in the equipment rack will handle audio for the room. iSpace will install nine (9) Biamp
TCM ceiling mount microphones will be utilized for audio and soft client videoconferencing.
A USB connection to the dedicated PC will provide room audio in and out for soft client videoconferencing. An owner-
furnished phone line will be connected to the Tesira Forte to facilitate phone calls from the room.
New speakers and amplifiers will replace the existing speaker and amplification system.
*Old speakers will be removed and handed over to owner.
Control:
A Crestron virtual control processor in the rack will handle control for the room. Client to provide server/Room PC for virtual
processor to reside on. An existing iPad will be updated with new interface controls. Additionally, a wired wall mounted
touch panel on the front wall will provide the same controls as the wireless iPad. Room control will include displays on/off,
camera control and presets, phone dialing, and audio control. When room is divided, or for additional control, a second
Crestron wall mounted touch panel will be installed on the back wall.
Rack Equipment:
The existing equipment rack will be re-used for the new system but will be moved to the nearby storage closet. Any head-
end equipment that is no longer used will be removed and handed over to owner.
Disposal:
Customer to provide access to cardboard/package recycling/disposal on site for job related items.
Pro-Services:
iSpace Environments will provide professional services to include Engineering, Project Management, Installation Labor and
Programming Labor. Pricing is based on work performed during a standard business day between 8:00 am – 5:00 pm,
Monday through Friday. If changes to project timelines require work done after hours or on weekends, a change order will
be initiated for OT at a rate of 1.5 times the standard rate. Examples of changes to the timeline that would result in
additional charges are:
·Furniture installation completion dates
·Construction delays
·Network drops and live date delays
·Electrical drops and live date delays
·Phone drops and live date delays
Additionally, work is planned to happen in a concurrent schedule. If customer or other contractor interruptions to planned
schedule occur, a change order will be initiated to cover additional travel costs and labor hours.
Training:
Formal training and training materials are not included in the final proposal price unless Complete Care contract or Training
is purchased separately. Our technicians or Project Manager will provide you with a user run through at the end of
installation during signoff.
Owner Requirements:Customer to provide the following to ensure the mutual success of meeting all project deliverables per specified timeline.
Delays or changes in providing the below items will result in the initiation of a change order:
⦁Identified project champion (our main contact)
⦁Provides signoffs and approvals
1 Provides confirmation of completion of below requested items2Provides additional project contacts to iSpace (furniture, network/IT, phone, GC, etc.)
3 Provides updates to project timeline and communicates changes in other contractor’s delivery dates⦁Uninterrupted Access to each room for 5 days
0 Wall backing, conduit and any millwork installed 3 days prior to iSpace’s start date
1 Furniture delivered and installed 3 days prior to iSpace’s start date
2 Network drops installed and live 3 days prior to iSpace’s start date
3 IP addresses assigned by 5 days prior to iSpace’s start date
4 Phone lines installed and live 3 days prior to iSpace’s start date
5 All iSpace Environments provided IT forms filled out and sent back 5 business days prior to start of installation date
6 A specified on-site staging area supplied for the delivery and storage of equipment once installation begins. If this
space is a secured space, iSpace will require access to it.
Support Offering:
iSpace Service Hub contracts are available for an additional purchase; options and pricing is provided on the summary
page of your proposal. Complete Care contracts include: unlimited service calls to our Service Hub, unlimited service visits,
all replacement parts and labor, firmware updates, training and training materials as well as one preventative
maintenance visit per room per year.
Change Order Process:
The purpose of a change order is to make official changes to the existing SOW. Changes, additions or deletions will initiate
the need for a change order. Change orders may include additional fees or credits and may impact project completion
dates, dependent on scope.
iSpace Environments provides our best estimate of labor costs based on what we know of your project to-date and initially
supplied timelines, which include other contractor completion dates. Pricing is based on work performed during a
standard business day between 8:00 am – 5:00 pm, Monday through Friday. If changes to the project timelines require
work done after hours or on weekends, a change order will be initiated for OT at a rate of 1.5 times the standard rate.
Examples of changes to the timeline that would result in additional charges are:
·Construction delays as a result of another contractor
·Furniture installation completion dates
·Network drops and live date delays
·Electrical drops and live date delays
·Phone drops and live date delays
·Any other delays that prevent iSpace from starting installation per agreed upon timeline
Additionally, work is planned to happen in a concurrent schedule. If customer or other contractor interruptions to planned
schedule occur, a change order will be initiated to cover additional travel costs and labor hours.
Once the need for a change order is identified, the iSpace team will present you with a change order document outlining
additional costs (or credits) along with an updated SOW detailing what has changed. Work cannot proceed without
customer approval of the change. We understand there are time sensitive situations which require all parties to move
quickly and make rapid decisions to keep a project on track for timely completion. Our team will do everything they can
to assist and work with you during this process, however if purchase orders are required as part of your company’s standard
operating procedure, iSpace will require receipt of a purchase order prior to work commencement.
Project invoicing will not be delayed during the change order process. Once all work is completed per original scope of
work (SOW) and proposal, an invoice will be generated. Change orders costs will be invoiced separately.
Fire Station 1: Front Wall
QTY PRICEDESCRIPTION
Displays
Biamp Systems TesiraLUX OH-1
AVB/TSN enabled video decoder capable of outputting video
signals up to and including 4K60
$4,283.403
BTX MaxBlox 9-pin D-sub Female Connector
3 BTX CD‐MX9F
Micro-Adjust Tilt Wall Mount X-Large
3 CHIEF XTM1U
Comprehensive 6-Outlet Black Surge Protector 6Ft AC Cord
3 COMPREHENSIVE CPWR-SP6-6B
2-Stage compact surge device, 2 outlet
3 MIDDLE ATLANTIC PD-215
*LG 86UR640S
86" 3840 x 2160 UHD Commercial Lite LED backlit LCD TV - Black
(Ashed Blue)
Essentials Available
$7,841.913
Displays $12,125.31Total
Video
COMPREHENSIVE MHD48G-6PROBLK
Pro AV/IT Integrator Series MicroFlex 48G 8K HDMI Cable 6 feet-
Jet Black
$73.953
VADDIO EasyIP 10 Mixer Base Kit Black
Base Kit includes everything you need to get started with AV-
over-IP system design in one easy-to-order bundle including one
EasyIP 10 Camera, one EasyIP Mixer, and one EasyIP Switch
$4,917.171
VADDIO Wall Mount for RoboSHOT PTZ -INCL
Thin Profile Wall Mount for RoboSHOT PTZ Cameras
$0.001
Video $4,991.12Total
Control
PWE-4803RU is an 802.3af compliant Power over Ethernet (PoE)
power source designed to support PoE powered devices
1 CRESTRON ELECTRONICS PWE-4803RU
*CRESTRON ELECTRONICS TSW-1070-B-S
10.1 in. Wall Mount Touch Screen, Black Smooth
$2,323.421
Multisurface Mount Kit for TSW-1070 Series, Black Smooth
1 CRESTRON ELECTRONICS TSW-1070-MSMK-B-S
Mullion Mount Kit For TSW-770 And TSW-1070 Series, Black
1 CRESTRON ELECTRONICS TSW-770/1070-MUMK-B
Control $2,323.42Total
$19,439.85Fire Station 1: Front Wall Total
Fire Station 1: Equipment Rack
QTY PRICEDESCRIPTION
Sources
MicroFlex Pro AV/IT Certified 4K60 18G High Speed HDMI Cable
with ProGrip Jet Black 3ft
2 COMPREHENSIVE MHD18G-3PROBLK
1 space, 17 3/8 inside width, rack shelf
2 MIDDLE ATLANTIC U1
*OWNER FURNISHED CABLE BOX - HD - OFE**
[OFE] - Owner Furnished HD Cable box
$95.342
OWNER FURNISHED PC - OFE**
[OFE] - PC
$0.001
OWNER FURNISHED PC
PC
$0.001
Sources $95.34Total
Video
ATLONA AT-OME-SW21-TX-WPC
Single Gang TX Wall Plat
$795.321
Biamp Systems Tesira RMK-2
Two Unit Rack Mount Kit (1RU) For Tesira Amplifier
$442.505
Biamp Systems TesiraLUX IDH-1
AVB/TSN enabled video encoder capable of transmitting video
signals up to and including 4K60.
$7,139.005
COMPREHENSIVE MHD48G-6PROBLK
Pro AV/IT Integrator Series MicroFlex 48G 8K HDMI Cable 6 feet-
Jet Black
$172.557
COMPREHENSIVE MHD48G-9PROBLK
Pro AV/IT Integrator Series MicroFlex 48G 8K HDMI Cable 9 feet-
Jet Black
$186.846
NETGEAR M4250-40G8XF-POE+
AV Line 40x1G PoE+ 960W and 8xSFP+ Managed Switch
$2,627.511
Video $11,363.72Total
CRESTRON ELECTRONICS C3IR-8
Provides 8 IR/1-way serial ports for expansion of a 3-Series Control
System.
$454.301
CRESTRON ELECTRONICS CEN-CI3-1-POE
3-Series Card Interface 1 Slot, w/PoE Injector; includes PWE-
4803RU
$389.401
Irp2 IR probe
4 CRESTRON ELECTRONICS IRP2
Crestron PW-2420RU 50 watt (24vdc @ 2A) power supply -
included in package
1 CRESTRON ELECTRONICS PW-2420RU -INCL
*CRESTRON ELECTRONICS VC-4-ROOM
Crestron Virtual Control Server Software - Single-Room License
$722.161
Control $1,565.86Total
Cabling and Hardware
BELDEN 18/2- Unshielded Plenum
18/2 Unshielded Plenum - By The Foot
$153.40500
BELDEN 22/2 Shielded Plenum
22/2 shielded plenum - BY THE FOOT
$53.10300
BELDEN 23/4p Plenum Cat6 - UTP
23/4p Unshielded Cat6 - By The Foot
$477.90750
BELDEN 23/4p Shielded Plenum Cat6
23/4p Shielded plenum Cat6 - By The Foot
$2,159.401500
Cabling and Hardware $2,843.80Total
$15,868.72Fire Station 1: Equipment Rack Total
Fire Station 1: East Wall
QTY PRICEDESCRIPTION
Displays
Biamp Systems TesiraLUX OH-1
AVB/TSN enabled video decoder capable of outputting video
signals up to and including 4K60
$1,427.801
BTX CD‐MX9F
BTX MaxBlox 9-pin D-sub Female Connector
$15.871
CHIEF XTM1U
Micro-Adjust Tilt Wall Mount X-Large
$322.141
COMPREHENSIVE CPWR-SP6-6B
Comprehensive 6-Outlet Black Surge Protector 6Ft AC Cord
$14.921
MIDDLE ATLANTIC PD-215
2-Stage compact surge device, 2 outlet
$127.441
Control
OWNER FURNISHED DISPLAY - OFE**
[OFE] - Owner Furnished display
$0.001
Displays $1,908.17Total
Video
COMPREHENSIVE MHD48G-6PROBLK
Pro AV/IT Integrator Series MicroFlex 48G 8K HDMI Cable 6 feet-
Jet Black
$24.651
Video $24.65Total
$1,932.82Fire Station 1: East Wall Total
Fire Station 1: West Wall
QTY PRICEDESCRIPTION
Displays
Biamp Systems TesiraLUX OH-1
AVB/TSN enabled video decoder capable of outputting video
signals up to and including 4K60
$1,427.801
BTX CD‐MX9F
BTX MaxBlox 9-pin D-sub Female Connector
$15.871
CHIEF XTM1U
Micro-Adjust Tilt Wall Mount X-Large
$322.141
COMPREHENSIVE CPWR-SP6-6B
Comprehensive 6-Outlet Black Surge Protector 6Ft AC Cord
$14.921
MIDDLE ATLANTIC PD-215
2-Stage compact surge device, 2 outlet
$127.441
OWNER FURNISHED DISPLAY - OFE**
[OFE] - Owner Furnished display
$0.001
Displays $1,908.17Total
Video
COMPREHENSIVE MHD48G-6PROBLK
Pro AV/IT Integrator Series MicroFlex 48G 8K HDMI Cable 6 feet-
Jet Black
$24.651
Video $24.65Total
$1,932.82Fire Station 1: West Wall Total
Fire Station 1: Back Wall
QTY PRICEDESCRIPTION
Displays
Biamp Systems TesiraLUX OH-1
AVB/TSN enabled video decoder capable of outputting video
signals up to and including 4K60
$2,855.602
BTX MaxBlox 9-pin D-sub Female Connector
2 BTX CD‐MX9F
Micro-Adjust Tilt Wall Mount X-Large
2 CHIEF XTM1U
Comprehensive 6-Outlet Black Surge Protector 6Ft AC Cord
2 COMPREHENSIVE CPWR-SP6-6B
2-Stage compact surge device, 2 outlet
2 MIDDLE ATLANTIC PD-215
*LG 86UR640S
86" 3840 x 2160 UHD Commercial Lite LED backlit LCD TV - Black
(Ashed Blue)
Essentials Available
$5,227.942
Displays $8,083.54Total
Control
PWE-4803RU is an 802.3af compliant Power over Ethernet (PoE)
power source designed to support PoE powered devices
1 CRESTRON ELECTRONICS PWE-4803RU
Multisurface Mount Kit for TSW-1070 Series, Black Smooth
1 CRESTRON ELECTRONICS TSW-1070-MSMK-B-S
Mullion Mount Kit For TSW-770 And TSW-1070 Series, Black
1 CRESTRON ELECTRONICS TSW-770/1070-MUMK-B
*CRESTRON ELECTRONICS TSW-1070-B-S
10.1 in. Wall Mount Touch Screen, Black Smooth
$2,323.421
Control $2,323.42Total
$10,406.96Fire Station 1: Back Wall Total
Fire Station 1: Room Audio
QTY PRICEDESCRIPTION
Audio
Biamp Systems BPAK
Backpack Adapter Kit
$283.205
Biamp Systems C5E-10-P
Cat 5E Cable, 10 Foot (3 Meter), Plenum Rated, Snagless Plug,
Black
$1,003.0034
Biamp Systems C5E-25-P
Cat 5E Cable, 25 Foot (7.6 Meter), Plenum Rated, Snagless Plug,
Black
$462.568
Biamp Systems Desono C-IC6 White
In-Ceiling, Indoor 6.5'' Coaxial Loudspeaker, White
$1,794.0012
Biamp Systems Parlé TCM-X White
The Parlé TCM-X is an AVB low-profile ceiling microphone for use
in Tesira® systems.
$7,139.005
Biamp Systems Parlé TCM-XEX White
The Parlé TCM-XEX is an expansion AVB low-profile ceiling
microphone for use in Tesira systems.
The Tesira TCM-XEX is intended to be used as a second
microphone in conjunction with the TCM-X or TCM-XA; it cannot
operate as a standalone device.
$3,639.124
Biamp Systems REVAMP2060T
2 Channel Class D Amplifier 2 X 60 Watts (70/100 Volts Or Rms @ 4
Ohms) Or In Bridge Mode 1 X 120 Watts (70/100 Volts Or Rms @ 8
Ohms), Convection Cooled, 1 U, 19'' Rackmount
$363.441
Biamp Systems Tesira EX-UBT
Powered by PoE, the EX-UBT expander supports up to eight
channels of configurable USB audio as well as Bluetooth®
wireless technology
$500.321
Biamp Systems TesiraCONNECT TC-5
TesiraCONNECT is a 5-port expansion device for Biamp
conferencing products.
$1,753.482
Biamp Systems TesiraFORTE AVB VT
TesiraFORTÉ DSP fixed I/O server with 12 analog inputs, 8 analog
outputs, 8 channels configurable USB audio, 128 x 128 channels
of AVB, Sona Acoustic Echo Cancellation (AEC) technology (all
12 inputs), 1 Analog and 2 channel VoIP interface
$2,855.601
Audio $19,793.72Total
$19,793.72Fire Station 1: Room Audio Total
Fire Station 1: Project Administration
QTY PRICEDESCRIPTION
Project Administration
ISPACE ENVIRONMENTS SHIPPING AND HANDLING
Shipping and handling
$4,945.001
ISPACE ENVIRONMENTS TRAVEL EXPENSES
Travel expenses
$500.001
Project Administration $5,445.00Total
$5,445.00Fire Station 1: Project Administration Total
$74,819.89Project Subtotal:
PRO SERVICES
Labor charges are based on the current Scope of Work (SOW) and discussed
timeline. Changes to SOW and/or timeline may result in additional labor
charges and travel fees. Delays due to construction are also subject to
additional labor fees.Hourly Rates: installation $85/hr, project management $95/hr,
professional/technical services $115/hr.
$3,680.00MN STATE - DESIGN
OFF-SITE
32 hours
$11,560.00MN STATE - INSTALL
ON-SITE
136 hours
$6,900.00MN STATE - PROGRAMMING
OFF-SITE
60 hours
$3,040.00MN STATE - PROJECT MGMT
OFF-SITE
32 hours
Date
Date
iSpace Environments
Client:
Contractor
By signing this proposal, I acknowledge and agree to the terms & conditions included with this proposal on
the following page.
PROJECT SUMMARY
$74,819.89Equipment:
Pro Services: $25,180.00
Service Hub Care Packages
$8,000.00
Project Total:$99,999.89
Decline Complete Care Coverage
*iSpace waiver: By declining coverage I agree and understand that all labor repairs and/or replacement parts will
be charged at iSpace current rates after the 90 day warranty period expires. The warranty period begins on the
day of project sign-off. I also understand that applicable trip fees and shipping fees may apply.
Complete Care
1 Year
• Full Equipment Coverage • Full Labor Coverage
• Priority On-Site Scheduling • Preventative Maintenance
• Advanced Parts Replacement • Training
$21,600.003 Year
Ext PriceUnit PriceManufacturer PartNumber QtyCat Ext CostUnit Cost
13909ADDENDUM Project #:
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CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Fire Department
Chief Scott Gerber
ITEM DESCRIPTION: Approve
Agreement to purchase station alerting lighting at all four Eden Prairie Fire station
ITEM NO.:
VIII.K.
Requested Action
Move to: Approve Contract for Goods and Services with Lake Country Doors for installing lightning on all bay doors. CIP 2022 funds will be used to pay for this project. Synopsis
Station door lighting to integrate with our existing Station alerting system will improve the response and safety for Eden Prairie firefighters. This system will improve apparatus response when leaving the stations responding to emergency calls.
Attachments
• Quotation from Lake Country Doors
• Contract for Goods and Services
• Quotation from Prairie Electric
• Competitive quotation from Dock & Door
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: #24801
Approve Professional Services Agreement with Braun Intertec Corporation for Pavement Evaluation Services for the 2024, 2025 and 2026
Pavement Rehab Projects
ITEM NO.:
VIII.L.
Requested Action Move to: Approve Professional Services Agreement with Braun Intertec Corporation for Pavement Evaluation Services for the 2024, 2025 and 2026 Pavement Rehab
Projects in the amount of $76,874.00. Synopsis This Professional Services Agreement will provide pavement evaluation services for the 2024,
2025 and 2026 Pavement Rehab Projects. Testing services will include providing Ground
Penetrating Radar (GPR) testing, pavement coring and hand auger borings of streets within the 2024, 2025 and 2026 Pavement Rehab project areas. Background Information
The Pavement Rehab Project is an annual street maintenance project that includes mill and overlays, underseals and reclamation projects. These projects are done to avoid full reconstruction projects which are much more costly and intrusive. The testing Braun Intertec will perform is to assist in selecting the appropriate level of maintenance for each street.
Financial Implications The Professional Services Agreement with Braun Intertec Corporation has a cost of $76,874.00. Funding for this will be from Pavement Management Funds.
Attachments
• Professional Services Agreement
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 11th day of July, 2023, between the City of Eden
Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Braun Intertec Corporation (“Consultant”), a Minnesota corporation
(hereinafter “Consultant”) whose business address is 1826 Buerkle Road, Saint Paul, MN, 55110.
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 2024, 2025 and 2026 Pavement Testing Projects hereinafter referred to as the
“Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (letter dated June 21, 2023) 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 July 11, 2023 through September 30,
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 $76,874.00 for the services as described in Exhibit
A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
Page 2 of 10 2021 04 22
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 10 2021 04 22
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 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. 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
Page 4 of 10 2021 04 22
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. 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
Page 5 of 10 2021 04 22
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
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.
Page 6 of 10 2021 04 22
k. 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.
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
Page 7 of 10 2021 04 22
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
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
Page 8 of 10 2021 04 22
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 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
Page 9 of 10 2021 04 22
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. 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.
AA/EOE
Braun Intertec Corporation
1826 Buerkle Road
Saint Paul, MN 55110
Phone: 651.487.3245
Fax: 651.487.1812
Web: braunintertec.com
June 21, 2023 Revised Proposal QTB179856
Ms. Ashton Kogel
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Re: Revised Proposal for a Pavement Evaluation
City of Eden Prairie 2024 to 2026 Planned Pavement Rehabilitation and CIP Projects
Various City Streets
Eden Prairie, Minnesota
Dear Ms. Kogel:
Braun Intertec Corporation appreciates the opportunity to provide this revised proposal to complete a
pavement evaluation for the City of Eden Prairie’s 2024 to 2026 Planned Pavement Rehabilitation and CIP
Projects.
Project Information
Per the information and map provided, we understand the City is planning several miles of pavement
rehabilitation projects between 2024 and 2026. Additionally, two CIP projects are planned for Prairie
Center Drive and Plaza Drive. The mileage total is about 48.9 miles. A breakdown of the mileage per year
is as follows:
▪ 2024 rehabilitation projects – 15.4 miles
▪ 2024 CIP Project on Prairie Center Drive – 0.95 miles
▪ 2025 rehabilitation projects – 11.4 miles
▪ 2026 rehabilitation projects – 19.8 miles
▪ 2026 CIP Project on Plaza Drive – 1.35 miles
To provide recommendations for repair, which may include mill-and-overlay, deep mill-and-overlay, full-
depth reclamation (FDR), undersealing or stabilized full-depth reclamation (SFDR), we are proposing
Ground Penetrating Radar (GPR) testing, pavement coring and hand auger borings.
Purpose
The purpose of the pavement evaluation is to determine the thicknesses of the in-place pavement
materials and to note underlying material conditions for use in providing recommendations related to
pavement rehabilitation.
City of Eden Prairie
Revised Proposal QTB179856
June 21, 2023
Page 2
Scope of Services
We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or
unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope
of services, we will contact you to discuss the conditions before resuming our services.
Ground Penetrating Radar
To provide a continuous profile of pavement layer thicknesses along the streets, we will perform GPR
testing using a 2.0-gigahertz, air-coupled unit from GSSI, Inc. Testing will be performed at posted speeds
in both directions. Pavement layer thickness data will be gathered at an interval of approximately one
foot. Our GPR measurements will be tied to GPS coordinates and interpreted thicknesses will be verified
with information obtained from the pavement cores and hand auger borings.
A GPR unit of this configuration can be expected to penetrate a maximum of 2 to 3 feet under ideal
conditions. Unfavorable soils and ambient and electromagnetic interference may limit the useful depth
of the data.
Pavement Coring and Hand Auger Borings
Using data obtained from the GPR and a general spacing of about 1,000 feet, we will perform a total of
260 pavement cores and hand auger borings. We understand additional explorations are requested for
Prairie Center Drive. As such, spacing on that roadway will be closer to about 500 feet. The purpose of
performing the pavement cores and hand auger borings will be to confirm and calibrate the GPR scans,
to measure the thickness of the existing pavement section and underlying aggregate base section, if
present, and to assess underlying bituminous conditions.
Coring will be performed in both travel lanes and near pavement edges to better capture variability in
pavement thickness at the street edges.
Once complete, the pavement cores will be returned to our lab where they will be reviewed for any
material deficiencies and retained for any warranted testing. Upon backfilling boring locations, we will fill
holes in pavements with a temporary patch. Over time, subsidence of corehole backfill may occur,
requiring releveling of surface grades or replacing bituminous patches. We are not assuming
responsibility for re-leveling or re-patching after we complete our fieldwork.
Traffic Control
Based on our review of the streets to be tested, to protect our field crews and alert motorists of our
work, traffic control consisting of flaggers may be required during coring on some higher volume streets.
We have assumed the City can assist with providing traffic control, as warranted, on those higher volume
streets. If traffic control cannot be provided by the City, we will use a subconsultant to perform that work
and will issue a Change Order to the City.
For the low-volume residential streets, we assume signs and cones can be used.
City of Eden Prairie
Revised Proposal QTB179856
June 21, 2023
Page 3
Engineering Analyses
We will use data obtained from our testing and field work to assess in-place pavement conditions and to
provide recommendations for repairs.
Reporting
We understand five separate reports are to be provided: one for each of the three planned rehabilitation
years (2024, 2025 and 2026) and one for each of the two CIP projects (Prairie Center Drive and Plaza
Drive). Each report will include:
▪ A CAD sketch showing the tested street(s) and exploration locations.
▪ Tabular and graphical depiction of the GPR scan results.
▪ A discussion of the GPR findings.
▪ Summary of the pavement core and hand auger boring results, as well as photographs of the
pavement cores.
▪ Recommendations for repair for each of the tested streets.
We will submit electronic copies of our reports.
Schedule
We understand the 2024 rehabilitation streets and the CIP project on Prairie Center Drive are highest
priority. As such, we anticipate performing our work according to the following schedule.
▪ GPR testing – For the 2024 rehabilitation streets and the CIP project on Prairie Center Drive,
GPR testing will be performed within approximately three weeks following receipt of written
authorization. The remaining project areas will be tested in the summer/fall of 2023.
▪ GPR analysis – For the 2024 rehabilitation streets and the CIP project on Prairie Center Drive,
analysis of the data will be performed within about three weeks of the GPR testing. The
remaining project areas will be analyzed in the winter of 2023/2024.
▪ Pavement coring and hand auger borings – For the 2024 rehabilitation streets and Prairie
Center Drive, once the GPR data is analyzed, exploration locations will be selected. It will be
our intent to perform those explorations in late summer/early fall 2023. Explorations for the
remaining projects areas will be collected as weather permits but will be completed by
summer of 2024.
▪ Final report submittals – We understand the 2024 rehabilitation streets and the Prairie
Center Drive reports are to be provided in the fall of 2023. The remaining reports for the
2025 and 2026 project areas are to be provided by July 31, 2024.
City of Eden Prairie
Revised Proposal QTB179856
June 21, 2023
Page 4
If we cannot complete our proposed scope of services according to this schedule due to circumstances
beyond our control, we may need to revise this proposal prior to completing the remaining tasks.
Fees
We will furnish the services described in this proposal for an estimated fee of $76,874. We are attaching
a tabulation showing hourly and/or unit rates associated with our proposed scope of services.
Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for
work we perform during each invoicing period.
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. Please sign and return a copy to us in its
entirety.
We based the proposed fee on the scope of services described and the assumptions that you will
authorize our services within 30 days and that other’s will not delay us beyond our proposed schedule.
City of Eden Prairie
Revised Proposal QTB179856
June 21, 2023
Page 5
If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie
with this proposal included as Exhibit A.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Amy Grothaus at 651.261.7122 (agrothaus@braunintertec.com).
Sincerely,
BRAUN INTERTEC CORPORATION
Amy J. Grothaus, PE
Account Manager, Senior Engineer
Matthew P. Ruble, PE
Vice President, Principal Engineer
Attachment:
Project Proposal
The proposal is accepted, and you are authorized to proceed.
Authorizer’s Firm
Authorizer’s Signature
Authorizer’s Name (please print or type)
Authorizer’s Title
Date
Client:Service Description:Work Site Address:
Various City Streets
Eden Prairie, MN
City of Eden Prairie
Ashton Kogel
8080 Mitchell Rd
Eden Prairie, MN 55344
(952) 937-1210
Pavement Evaluation
Description Quantity Units Unit Price Extension
Phase 1 2024 Pavement Evaluation & Prairie Center Drive (16.35 miles)
Activity 1.1 Ground Penetrating Radar Testing $8,050.00
259 GPR Data Collection (both travel directions)24.00 Hour 200.00 $4,800.00
8640 GPR Mobilization 120.00 Each 3.75 $450.00
122 GPR Analysis and Graphing 20.00 Hour 140.00 $2,800.00
Activity 1.2 Pavement Coring and Hand Auger Borings $10,032.00
1862 Trip Charge (from Bloomington)4.00 Each 25.00 $100.00
5902 iPad/R1 Field Data GPS (sub-meter horizontal only), per day 4.00 Each 128.00 $512.00
252 Bituminous Coring and Hand Auger Borings (2 person crew)38.00 Hour 200.00 $7,600.00
1555 Bit wear and patch material, per core 91.00 Each 20.00 $1,820.00
Activity 1.3 Engineering, Reporting and Meetings $7,855.00
138 Project Assistant 3.00 Hour 90.00 $270.00
371 CADD/Graphics Operator 3.00 Hour 130.00 $390.00
128 Senior Engineer 30.00 Hour 194.00 $5,820.00
130 Principal Engineer 6.00 Hour 225.00 $1,350.00
1862 Trip Charge 1.00 Each 25.00 $25.00
Phase 1 Total:$25,937.00
Phase 2 2025 Pavement Evaluation (11.4 miles)
Activity 2.1 Ground Penetrating Radar Testing $5,210.00
259 GPR Data Collection (both travel directions)14.00 Hour 200.00 $2,800.00
8640 GPR Mobilization 120.00 Each 3.75 $450.00
122 GPR Analysis and Graphing 14.00 Hour 140.00 $1,960.00
Activity 2.2 Pavement Coring and Hand Auger Borings $6,859.00
1862 Trip Charge (from Bloomington)3.00 Each 25.00 $75.00
5902 iPad/R1 Field Data GPS (sub-meter horizontal only), per day 3.00 Each 128.00 $384.00
252 Bituminous Coring and Hand Auger Borings (2 person crew)26.00 Hour 200.00 $5,200.00
1555 Bit wear and patch material, per core 60.00 Each 20.00 $1,200.00
Activity 2.3 Engineering, Reporting and Meetings $6,691.00
138 Project Assistant 3.00 Hour 90.00 $270.00
371 CADD/Graphics Operator 3.00 Hour 130.00 $390.00
128 Senior Engineer 24.00 Hour 194.00 $4,656.00
130 Principal Engineer 6.00 Hour 225.00 $1,350.00
1862 Trip Charge 1.00 Each 25.00 $25.00
Phase 2 Total:$18,760.00
Phase 3 2026 Pavement Evaluation & Plaza Drive (21.15 miles)
Page 1 of 206/16/2023 12:49 PM
Project Proposal
QTB179856
City of Eden Prairie 2024-26 Planned Rehab and CIP Projects
Proposal Total:$76,874.00
Activity 3.1 Ground Penetrating Radar Testing $11,390.00
259 GPR Data Collection (both travel directions)28.00 Hour 200.00 $5,600.00
8640 GPR Mobilization 200.00 Each 3.75 $750.00
122 GPR Analysis and Graphing 36.00 Hour 140.00 $5,040.00
Activity 3.2 Pavement Coring and Hand Auger Borings $10,772.00
1862 Trip Charge (from Bloomington)4.00 Each 25.00 $100.00
5902 iPad/R1 Field Data GPS (sub-meter horizontal only), per day 4.00 Each 128.00 $512.00
252 Bituminous Coring and Hand Auger Borings (2 person crew)40.00 Hour 200.00 $8,000.00
1555 Bit wear and patch material, per core 108.00 Each 20.00 $2,160.00
Activity 3.3 Engineering, Reporting and Meetings $10,015.00
138 Project Assistant 4.00 Hour 90.00 $360.00
371 CADD/Graphics Operator 4.00 Hour 130.00 $520.00
128 Senior Engineer 40.00 Hour 194.00 $7,760.00
130 Principal Engineer 6.00 Hour 225.00 $1,350.00
1862 Trip Charge 1.00 Each 25.00 $25.00
Phase 3 Total:$32,177.00
Page 2 of 206/16/2023 12:49 PM
Project Proposal
QTB179856
City of Eden Prairie 2024-26 Planned Rehab and CIP Projects
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #19811
Approve Change Order No. 5 for the W. 62nd Street Improvement Project
ITEM NO.:
VIII.M.
Requested Action
Move to: Approve Change Order No. 5 for the W. 62nd Street Improvement Project in the amount of $115,516.95. Synopsis
Change Order No. 5 consists of renegotiated unit prices associated with resuming work for the project. In July 2021, the project was suspended until SWLRT overlapping construction was complete. The renegotiated unit price increases are primarily due to labor, material and fuel price increases as the project was originally bid prior to Covid. Remobilization of crews and materials
plus the increase in paving costs attributed to oil price increases make up nearly half of the change order. Ductile iron pipe and cement costs have also increased substantially (30%-40%) in two years. Staff recommends approval of the changes. Background Information
As part of the North Shady Oak Road Improvements completed in 2013, improvements to West 62nd Street were completed up to Optum Way. The plans for the continuation of West 62nd Street were completed to 95% at that time. According to the United HealthCare Services, Inc (UHG) development agreement, Phase Three Improvements include the east segment of West 62nd Street
and these improvements shall be constructed by the opening of the LRT for passenger service or by the time of occupancy for the UHG Phase Three, whichever occurs earlier. With the LRT project nearing completion in Eden Prairie, the Phase Three Improvements timeline will be met.
Financial Implications All design and construction costs for West 62nd Street will be assessed to UHG. Attachment
Change Order No. 5
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Andy Allman
Public Works/Utilities
ITEM DESCRIPTION: I.C. #207040
Award Contract for Watermain Valve Repairs to Valley Rich Co., Inc.
ITEM NO.:
VIII.N.
Requested Action
Move to: Award contract for performing Water Main Valve Repairs to Valley Rich Co., Inc. in the amount of $164,000. Synopsis
Quotes were solicited from two competent local underground utility contractors for digging up and replacing corroded bolts in water main valves and fittings in streets where the bituminous surface is scheduled to be reconditioned in 2024 or later as part of the City’s pavement management program. Both trusted contractors have worked with the city for and are familiar
with our system and procedures. Staff recommends awarding the contract to the lowest-cost proposal. Contractor Base Proposal Unit Price Base Proposal Total Alternate 1 (Bituminous) Alternate 2 (Curb) Total
Valley Rich, Co., Inc. $2,550 $102,000 $51,840 $10,010 $163,850
Precision
Utilities
$3,150 $126,000 $51,840 $9,295 $187,135
Background Information This preventive maintenance effort is intended to eliminate potential future water main leaks in our newly reconditioned streets due to bolt failure. The consequential damage to a new street surface that inevitably occurs from an emergency repair can be greatly minimized. The cost of these preemptive
repairs is approximately 30 to 40 percent less than our emergency repair expenses which can occur at any time of the day or night. Project costs are funded in the water utility capital improvement plan for 2023. Attachments
Contract
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the _11th_day of _July_, 2023_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Valley Rich Co., Inc. a Minnesota _corporation_(hereinafter "Contractor") whose business address is_147 Jonathan Blvd. North, Ste 4, Chaska, MN 55318_.
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Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for _the Excavation of Water Distribution System Valves and Fittings, Replacement of all Bolts within the Excavation, Wrapping Exposed Pipe and Fittings with Polyethylene Encasement, Verifying System Integrity, Backfilling the Excavation, and Restoring the Road Surface and/or Curb_ hereinafter referred to as the "Work".
The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by _November 1, 2023_. 3. Compensation for Services. City agrees to pay the Contractor a sum not to exceed
$_164,000_ as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
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Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance
with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the
contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the
invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by
Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed,
and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement.
5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
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foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the City.
7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All
goods and work not conforming to these requirements shall be considered defective. Goods
shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
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The Contractor shall post bonds to secure the warranties.
10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.;
all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof;
and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the
Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed
by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10)
days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the
Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to
terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
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d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the
City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons:
a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five
(45) days after the sum becomes due.
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16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due
Contractor to insure the prompt and faithful performance of this Contract by Contractor and
to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void.
[BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has
obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from
each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors
and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract.
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19. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater.
b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence
$5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
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insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy,
shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract.
j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
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evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require
Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
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22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the
property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of
this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
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28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent
of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of
the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
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given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
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EXHIBIT A: SCOPE OF WORK
The scope of services to be provided by the Contractor selected by the City will include the
following requirements: PROJECT DESCRIPTION:
Contractor will provide the labor and equipment to perform preventive maintenance water
distribution system gate valve repairs of specific valves/fittings located in the City’s pavement rehabilitation areas planned for 2024. Contractor’s responsibilities include the mobilization of all necessary equipment to each site; the actual excavation of each selected fitting or valve; the labor to perform all necessary work functions within the Contractor’s scope; the backfilling of
the excavation; and where necessary, the restoration of bituminous roadway and any disturbed
concrete curb and gutter. The City will contribute to the project with labor, equipment, and materials as indicated below in CITY RESPONSIBILITIES. For cost estimation for comparison of proposals, the Contractor will provide a proposal based upon the following assumptions:
1. Base Proposal: Include all costs necessary to perform forty (40) valve repairs. Base bid work shall include the excavation, replacement of bonnet bolts and packing bolts, replacement of valve-to-pipe mounting bolts, the placement of poly-wrap (per DIPRA standard), the reinstallation of curb boxes, verification there are no leaks, and the
backfilling of the excavation to within 4-inches of the road surface. Provide the unit cost of one valve repair. 2. Proposal Alternate 1: a. Assume bituminous roadway restoration will be necessary for 40 of these valves.
i. Provide unit price for bituminous asphalt per square foot for 4 inches of compacted thickness. Unit price per ton of asphalt is also acceptable. ii. Assume each repair will require 225 square feet of roadway restoration. iii. Provide total price for 40 asphalt restoration repairs of the size requested. b. Assume concrete curb and gutter will be necessary for 20 of these repairs.
i. Provide unit price per linear foot of concrete curb and gutter. ii. Assume each of the 20 repairs will require the replacement of 15 feet of curb and gutter. iii. Provide total price for curb and gutter replacement at 20 sites of this size.
3. Calculation of actual project costs for invoicing will use the above proposed unit price values for actual quantities used at each site. a. Each excavation repair will be billed at the base-proposal per site. b. Each Alternate 1A repair will be billed by unit price x actual quantity of asphalt. c. Each Alternate 1B repair will be billed by unit price x true length of replaced
curb.
Standard Construction Contract 2018 08 01 Page 15 of 16
GENERAL PROJECT EXPECTATIONS:
The City’s primary expectation is for the repairs to be completed before the street rehabilitation
contractor arrives to work on the street. Daily coordination and site visits by the Eden Prairie Utilities Lead responsible for water main repairs as well as periodic on-site visits/meetings with the Field Operations Supervisor and Utilities Division Manager will be expected to ensure communication regarding support, scheduling, and outside influences are understood by all
involved. The Contractor is free to schedule these repairs with prior approval by the City to fit
within the Contractor’s summer workload, provided the work does not delay or interfere with the street rehabilitation performed by another contractor. The City’s preference is for the Contractor to do all repairs within this contract in a continuous manner, but we realize that may not be possible in every situation.
CONTRACTOR’S RESPONSIBILITIES: A. Contractor must perform all work in satisfaction of the City’s guide specifications for Watermain Systems; Utility Excavation, Installation, and Restoration; and Street Construction found on the City’s website (SEARCH “Guide Specifications”).
B. Contractor will observe and provide for all necessary safety standards in accordance with OSHA and Minnesota OSHA. C. Contractor will attend a preconstruction meeting with the City which may include site
visits to some or all of the project sites. Materials anticipated for the project that will be provided by the City must be requested by the Contractor. D. Contractor will provide the City with a project schedule and update the schedule when departures from the plan cause more than one week of delay in the initial plan.
E. Contractor will provide all necessary construction equipment to perform the repairs. F. Contractor will provide all necessary labor to perform the work described in his scope of work.
G. Requests for City hydroexcavation support must be made the week prior whenever possible. This type of support is limited and may not be available for every request. Last minute requests may be entertained, but cannot be assured.
H. Contractor will provide a current price schedule for equipment hours and labor that may be used on this project. This will only be used in determining or negotiating the calculation of expenses determined to be additional cost items outside the scope of this contract.
Standard Construction Contract 2018 08 01 Page 16 of 16
CITY RESPONSIBILITIES:
A. City will be prepared to provide for traffic control at all project locations.
B. City will provide dump trucks with operators to transport soil in or out of each project location.
C. City is responsible for providing all materials necessary for soil corrections.
D. City will provide all piping system materials including: a. Polyethylene encasement and wrapping tape b. Cast iron valve boxes and any necessary fittings
E. City is responsible for performing or coordinating for lawn restoration, including any landscaping or tree replacement. F. City will provide for any necessary stormwater erosion control measures and inlet protection.
ADDITIONAL COST ITEMS: The following unanticipated conditions are not included in this proposal, and if encountered or required by the City at the time of repair, these items may be negotiated for additional billing:
A. Site dewatering B. Soil correction (if City cannot provide) C. Pipe support D. Removal of buried obstructions
E. Hauling support F. Hazardous materials handling/removal G. Repair of irrigation systems or drainage systems H. Tree removal or replacement I. Private Utility Locates
J. Stormwater erosion control
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 13, 2023
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: #23812
Approve Professional Services Agreement with Stantec Consulting Services Inc. for Engineering Services for the 2023 Pond Dredging Project
ITEM NO.:
VIII.O.
Requested Action
Move to: Approve Professional Services Agreement with Stantec Consulting Services Inc. for Engineering Services for the 2023 Pond Dredging Project in the amount of 53,349. Synopsis
The proposal from Stantec provides for design, permitting, and bidding for a pond dredging project for two City-maintained ponds. The ponds all have accumulation of sediment which limits their effectiveness at treating stormwater and presents maintenance issues. The cost of pond dredging and the associated engineering work will be paid out of the stormwater utility fund.
Background Information The City has been working with Stantec/Wenck on inventorying our stormwater system since 2003. These two ponds (14-23-A and 25-34-A) have been identified as priority ponds due to their levels of
accumulated sediment, position in the treatment train, and maintenance issues. Pond 14-23-A is located at the intersection of Singletree Lane and Prairie Center Drive. Pond 25-34-A is located on Meade Drive near the intersection with Antlers Ridge. By dredging the ponds, the ponds will more effectively remove stormwater pollutants, protect downstream water resources, and alleviate ongoing maintenance issues.
Financial Implications The Professional Services Agreement with Stantec has an estimated cost of $49,203, with optional Tasks (Neighborhood Meetings) bringing the total $53,349. All costs are to be covered by Capital
Stormwater funds. Attachments Professional Services Agreement
Stantec Consulting Services Inc. One Carlson Parkway North, Suite 100 Plymouth MN 55447-4440
June 30, 2023
Lori Haak City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Good afternoon,
Reference: 2023-2024 Pond Improvement Projects
Thank you for the opportunity to provide you with this proposal to improve ponds 25-34-A (Bluffs East Subdivision) and 14-23-A (Bachman’s Floral). Stantec will collect bathymetry and sediment samples from 14-23-A. Stantec will work with the City in developing plans and specifications for each pond; applying and obtaining the necessary permits; assisting in the public bidding process for dredging of 14-23-A and 25-34-A.
Scope of Work
The scope of work identifies the following tasks necessary for a successful project:
• Task 1: Bathymetry and sediment testing – 14-23-A
• Task 2: Pre-Construction – Design, Specifications, Permitting, and Neighborhood Meetings – 25-34-A
• Task 3: Pre-Construction – Design, Specifications, Permitting, and Neighborhood Meetings – 14-23-A
• Task 4: Contractor Bidding Assistance
• Task 5: Project Management and Meetings
Task 1: Bathymetry and Sediment Survey – 14-23-A
Stantec will perform pre-design services to assist with establishing baseline conditions for 14-23-A. The
services include a pond bathymetry survey, and regulatory sediment sampling. Below are descriptions of
each subtask.
TASK 1A SEDIMENTATION SURVEY
The surveys will measure the top of sediment and depth to refusal. Detailed survey information is important
for estimating the sediment quantity and identifying infrastructure in advance of dredging. Data collected in
the field will be used in the analysis portion of the dredging project (separate scope of work) to determine
the amount of sediment accumulation. Following the field survey, GIS will be used to create a preliminary
surface to estimate the sediment accumulation. If available, Stantec will review the existing as-built survey
June 16, 2023 Lori Haak Page 2 of 9
Reference: 2023-2024 Pond Improvement Projects
to estimate the sediment accumulation. This survey does not include full upland survey from a total station;
if additional survey is needed, a separate scope item will be requested.
TASK 1B REGULATORY SEDIMENT SAMPLING
Stantec will collect a minimum of two sediment samples from the pond and analyze the samples according
to the “Managing Stormwater Sediment Best Management Practice Guidance” (MPCA, 2017). Give the size
of the basin, the second sample will be a duplicate sample. The MPCA requires the parameter testing for
PAHs, cPAHs, arsenic, and copper. Depending on the level of contamination in the stormwater basin, the
waste will need to be disposed of at an approved municipal solid waste landfill. Landfills may require
additional parameter testing beyond the MPCA required parameters. Additional parameters may include 8
RCRA metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver), and VOCs. In
the event of high levels of contamination (20 times the hazardous waste limit), additional Toxicity
Characteristic Leaching Procedure (TCLP) will be needed to deem the material as non-hazardous. Stantec
will prepare a memo at the conclusion of sampling that will report the sediment testing results and
recommendations on how to classify the material. Table 1 includes the analytes that will be tested for in
each pond.
NOTE: Based on the results of the sampling, it may be necessary to collect additional sediment samples to determine the transition between the sampling locations to delineate the impacted area and dispose of dredged material appropriately rather than landfilling all of it more precisely. This additional sampling effort can be handled as a task in the general service contract.
Table 1 – Sediment Sample Analytes
Analytes
PAHs1 Barium
Cadmium Chromium (III)
Arsenic Lead
Copper Silver
Selenium Benzene
Mercury Toluene
Ethylbenzene Xylene
1 Includes PAHs and cPAHs
NOTE: If the material is below the residential soil reference value (SRV) and Tier 1 soil leaching value
(SLV), and the contractor wants to beneficially use the material, the contractor will be responsible for
additional parameter testing to determine suitability for their site. Table 2 presents the number of additional
samples required for each pond for supplementary testing.
June 16, 2023 Lori Haak Page 3 of 9
Reference: 2023-2024 Pond Improvement Projects
Table 2 – Number of Sample per Pond
Pond Name Number of Samples
14-23-A 2
Task 2: Pre-Construction – Design, Specifications, Permitting, and Neighborhood Meetings – 25-34-A
TASK 2A: PLANSET DEVELOPMENT
Stantec will quantify sediment accumulation and prepare a plan sets for each of the ponds. Analysis will determine the quantity of sediment and areas needed to be dredged. This will involve utilizing the bathymetric data collected in the summer of 2022 for 25-34-A, and the as-built/construction plans, if available from the City. Table 3 provides an estimate of sediment quantities based on quantities reported in previous inventory reports and recent sediment surveys.
Table 3 – Estimated sediment accumulation
Pond Estimated Accumulated Sediment (Cubic yard)1
25-34-A1 187
1 Estimated sediment quantities from previous reports or recent sediment surveys. Sediment volumes will be updated during the design phase.
Following analysis, a plan set will be prepared for each of the sites. The plan set will include Cover Sheet,
General Notes, Existing Conditions, SWPPP, Grading Plan and Erosion Control, Utility and Restoration,
Pond Profiles, and Details (up to 2 sheets). Some items may be combined to reduce the number of sheets.
Stantec will send plans to the City for review at 75% for use at neighborhood meetings (identify access and
City easements), 90% for review and comments, and 100% prior to going out to bid. Stantec will conduct
two rounds of plan edits based on the comments received during the 75% and 90% design submittals.
TASK 2B: SPECIFICATIONS
Project specifications will be developed in accordance with MnDOT and City standards. The draft specifications will be sent to City staff for review and comment. Stantec will conduct one round of specification revisions based on the comments received.
Stantec will provide the City with preliminary (90%) and final opinion of probable construction cost (OPCC).
June 16, 2023 Lori Haak Page 4 of 9
Reference: 2023-2024 Pond Improvement Projects
TASK 2C: PERMITTING
The proposed dredging projects will likely require permits from the RPBCWD. Stantec will complete, submit,
and track the necessary permits for this project.
Stantec will attend one meeting with the City and RPBCWD staff to discuss the project scope and
permitting requirements. The tentative meeting includes – project kickoff, prior to submittal, and one
revision iteration. By meeting early in the project, we hope that City, RPBCWD and Stantec staff will all
have a clear understanding of permit requirements and submittals. At this time, Stantec believes the
following RPBCWD rules apply to the project:
1. Erosion and Sediment Control (Rule C)
2. Dredging and Sediment Removal (Rule E)
If additional permitting is required by the MNDNR or other regulatory entity, Stantec will work with the City
to identify items necessary for the permit and the City will submit the permit or a change order can be
issued to deal with additional permitting. Stantec assumes the permitting process will involve one
submission to RPBCWD, followed by one iteration of revisions. No permitting relating to wetlands or public
waters is contained within this proposal. Any wetlands or surface water permitting will be considered out of
scope and require an amendment if the City desires Stantec’s support. If the ponds are deemed
jurisdictional wetlands, additional iterations and field data collection may be required. This scope of work
does not account for jurisdictional wetland permitting and would require a change in scope and budget.
Additional iterations in RPBCWD of permitting would require a change order.
Depending on the method used for dredging the pond, the project may require dewatering. If dewatering is
required, the de-watering permit will be submitted by the contractor. Reporting of pumping rates and
volumes will be the responsibility of the contractor. The Contractor will be responsible for obtaining other
necessary permits prior to construction, which may include: City grading permits, DNR dewatering, road
permits, MPCA SWPPP, etc.
OPTIONAL TASK 2D: NEIGHBORHOOD MEETING
Stantec will conduct one neighborhood meetings for 25-34-A. The meeting will discuss the dredging plan,
proposed access routes, and anticipated construction schedule. Stantec will send representatives to the
neighborhood meetings and present the 75% plans. Feedback from the meetings will be incorporated into
the construction planning and 90% plan submittal.
Task 3: Pre-Construction – Design, Specifications, Permitting, and
Neighborhood Meetings – 14-23-A
TASK 3A: PLANSET DEVELOPMENT
Stantec will quantify sediment accumulation and prepare a plan sets for each of the ponds. Analysis will
determine the quantity of sediment and areas needed to be dredged. This will involve utilizing the data
collected in Task 1 for 14-23-A, and the as-built/construction plans, if available from the City.
June 16, 2023 Lori Haak Page 5 of 9
Reference: 2023-2024 Pond Improvement Projects
Following analysis, a plan set will be prepared for each of the sites. The plan set will include: Cover Sheet,
General Notes, Existing Conditions, SWPPP, Grading Plan and Erosion Control, Utility and Restoration,
Pond Profiles, and Details (up to 2 sheets). Some items may be combined to reduce the number of sheets.
Stantec will send plans to the City for review at 75% for use at neighborhood meetings (identify access and
City easements), 90% for review and comments, and 100% prior to going out to bid. Stantec will conduct
two rounds of plan edits based on the comments received during the 75% and 90% design submittals.
TASK 3B: SPECIFICATIONS
Project specifications will be developed in accordance with MnDOT and City standards. The draft
specifications will be sent to City staff for review and comment. Stantec will conduct one round of
specification revisions based on the comments received.
Stantec will provide the City with preliminary (90%) and final opinion of probable construction cost (OPCC).
TASK 3C: PERMITTING
The proposed dredging projects will likely require permits from the RPBCWD. Stantec will complete, submit, and track the necessary permits for this project.
Stantec will attend one meeting with the City and RPBCWD staff to discuss the project scope and permitting requirements. The tentative meetings include – project kickoff, prior to submittal, and one revision iteration. By meeting early in the project, we hope that City, RPBCWD and Stantec staff will all have a clear understanding of permit requirements and submittals. At this time, Stantec believes the following RPBCWD rules apply to the project:
1. Erosion and Sediment Control (Rule C)
2. Dredging and Sediment Removal (Rule E)
If additional permitting is required by the MNDNR or other regulatory entity, Stantec will work with the City
to identify items necessary for the permit and the City will submit the permit or a change order can be
issued to deal with additional permitting. Stantec assumes the permitting process will involve one
submission to RPBCWD, followed by one iteration of revisions. No permitting relating to wetlands or public
waters is contained within this proposal. Any wetlands or surface water permitting will be considered out of
scope and require an amendment if the City desires Stantec’s support. If the ponds are deemed
jurisdictional wetlands, additional iterations and field data collection may be required. This scope of work
does not account for jurisdictional wetland permitting and would require a change in scope and budget.
Additional iterations in RPBCWD of permitting would require a change order.
Depending on the method used for dredging the pond, the project may require dewatering. If dewatering is
required, the de-watering permit will be submitted by the contractor. Reporting of pumping rates and
volumes will be the responsibility of the contractor. The Contractor will be responsible for obtaining other
necessary permits prior to construction, which may include: City grading permits, DNR dewatering, road
permits, MPCA SWPPP, etc.
June 16, 2023 Lori Haak Page 6 of 9
Reference: 2023-2024 Pond Improvement Projects
OPTIONAL TASK 3D: NEIGHBORHOOD MEETINGS
Stantec will conduct one neighborhood meetings for 14-23-A. The meeting will discuss the dredging plan,
proposed access routes, and anticipated construction schedule. Stantec will send representatives to the
neighborhood meetings and present the 75% plans. Feedback from the meetings will be incorporated into
the construction planning and 90% plan submittal.
Task 4: Contractor Bidding Assistance
Stantec assumes bids will be requested using a public bidding process. We also assume the ponds will be
packaged together as one bid. Stantec and the City may discuss the possibility of individually bidding the
ponds to reduce the individual projects budgets below $175,000 threshold for public bidding, to
accommodate budget restrictions or differences in dredging methodology. The following tasks will be
assumed for the public bidding process:
• Create bid documents using MnDOT and City standard specifications.
• Publish an advertisement of bids with QuestCDN.
• Coordinate and lead pre-bid meeting.
• Answer bidder questions during the bidding window.
• Publicly open bids at City Hall.
• Tabulate bids from contractor.
• Draft bid recommendation memo to City staff.
Task 5: Project Management and Meetings
Stantec staff will be available for meetings with the City on an as-needed basis. Stantec and the City will hold a Project Kick-off meeting following acceptance of the proposal by the City. Stantec will also schedule meetings with the City at key milestones in the project.
Schedule and Cost
Stantec anticipates the project will start after a signed contract following the July 11th City Council meeting.
After receiving a signed agreement, Stantec will hold a project kickoff and task setting meeting with the City.
Table 4 identifies the general project tasks and the proposed timing of the tasks, assuming a signed
agreement is received on July 12th.
Stantec will perform the scope of work outlined above on a time and materials basis not to exceeded
$53,349 for all tasks and $49,203 excluding the optional tasks. 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 4 outlines the expected labor costs, reimbursable expenses, and equipment
that will be utilized for this project.
June 16, 2023 Lori Haak Page 7 of 9
Reference: 2023-2024 Pond Improvement Projects
Table 4 – Proposed Cost and Task Schedule
Top Task Top Task Name Task # Start Date End Date Labor Expenses Task Total
1 14-23-A Sampling
1A 2023-07-11 2023-08-31 $2,950 $577.50 $3,527.50
1B 2023-07-11 2023-08-31 $2,992 $1,037.50 $4,029.50
2
Pre-
Construction:
25-34-A
2A 2023-07-11 2023-10-31 $10,325 $10,325
2B 2023-07-11 2023-10-31 $4,026 $4,026
2C 2023-07-11 2023-11-30 $2,102 $2,102
Optional 2D 2023-9-5 2023-10-15 $2,073 $2,073
3
Pre
Construction:
14-23-A
3A 2023-07-11 2023-10-31 $10,325 $10,325
3B 2023-07-11 2023-10-31 $4,026 $4,026
3C 2023-07-11 2023-11-30 $2,102 $2,102
Optional 3D 2023-9-5 2023-10-15 $2,073 $2,073
4 Construction
Bidding Assistance 4 2023-10-31 2024-12-31 $4,744 $4,744
5 Project Management 5 2023-07-11 2023-12-31 $3,996 $3,996
SubTotal (Excluding Optional Task) $49,203
SubTotal Optional Tasks $4,146
Total $53,349
June 16, 2023 Lori Haak Page 8 of 9
Reference: 2023-2024 Pond Improvement Projects
Thank you,
STANTEC CONSULTING SERVICES INC.
Anne Wilkinson PhD Civil Engineer in Training Phone: (763) 252-6877 anne.wilkinson@stantec.com
Josh Accola PE, CFM Water Resources Engineer Phone: (952)-334-1418 joshua.accola@stantec.com
June 16, 2023 Lori Haak Page 9 of 9
Reference: 2023-2024 Pond Improvement Projects
If agrees with this proposal,
shall authorize Stantec to perform the work by signing and returning a copy of the attached Professional
Services Agreement.
Client Name Client Name
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 11th day of July, 2023, 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 One Carlson Parkway North, Suite 100
Plymouth, Minnesota 55447-4440.
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 2023 Pond Dredging 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 ( Proposal Dated June 30, 2023) 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 July 13, 2023 through December 31.
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 $ 53,349 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, governmental actions, actions of a third party, or actions or inactions of City, the
Page 2 of 10 2021 04 22
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
Page 3 of 10 2021 04 22
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
Page 4 of 10 2021 04 22
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
Page 7 of 10 2021 04 22
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:
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Code Amendment in Chapter 11 relating to adding the Flex Service Zoning District and associated amendments of other sections of
Chapter 9 and 11 related to the Flex
Service Zoning District.
ITEM NO.:
IX.A.
Requested Action Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 and Chapter 9 relating to a new Flex Service Zoning District Synopsis The Comprehensive Plan, ASPIRE 2040, established a Flex Service land use category with the intent
to provide for a mix of compatible industrial-commercial land uses that are not compatible with the goals and permitted uses of the Transit Oriented (TOD) or Town Center (TC) zoning districts. A new Flex Service zoning district is proposed to provide increased flexibilities and opportunities for businesses and property owners to reinvest in their property while retaining many of the same rights
and opportunities in the existing zoning districts. All the properties guided Flex Service are currently zoned Industrial (I-2 or I-5) and are located in two (2) areas of the City – the Martin Drive industrial park and the intersection of Pioneer Trail and Pioneer Trail. No new non-conformities will be created with the adoption of this Ordinance.
As the properties guided Flex Service are in areas of the City that were developed decades ago, the Ordinance proposes several incentives to encourage and facilitate reinvestment and redevelopment on the existing parcels. The Ordinance allows for additional commercial uses in addition to the same uses allowed in industrial districts. Setbacks are reduced from the larger standards of the Industrial zoning district, which aligns with some of the existing conditions on Flex Service guided properties.
Additionally, reduced parking requirements are proposed to allow flexibility to sites that can demonstrate a reduced parking need and provide supporting documentation to City Council. Exterior building material standards are also proposed to acknowledge the “back of house” portions of properties and the industrial character of the area and proposed uses while maintaining requirements
for high quality materials. This action will only establish the zoning regulations for the Flex Service district in the zoning ordinance. Any rezoning of property would be a separate action and would be initiated by property owners.
Background The concept of the district regulations was presented to the Chamber of Commerce in May 2023.
A summary of each of the sections of the proposed Ordinance can be found in the attached Staff
Report to the Planning Commission.
Planning Commission Recommendation At its meeting on June 12th, the Planning Commission voted 7-0 to recommend approval of the ordinance relating to the Flex Service Zoning District. The draft ordinance presented today reflects the
Planning Commission’s comments which included removing name specific study language in favor of
generalized special study language to accommodate any future area studies and requiring sidewalk connections to each entrance of a principal building to accommodate multi-tenant structures. Attachments
1. Ordinance
2. Staff Report to Planning Commission 3. Unapproved Planning Commission Minutes from June 12, 2023 Meeting
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.23 RELATING TO THE CREATION OF A FLEX SERVICE ZONING DISTRICT AND MAKING RELATED AMENDMENTS TO SECTIONS 11.03 AND 11.70; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 TO ADD REFERENCES TO NEW ZONING DISTRICTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, is hereby amended by adding a new Section 11.23 Flex Service by
inserting the following new text: SECTION 11.23 FLEX SERVICE DISTRICT
Subd. 1. Purpose. The intent of the Flex Service (FS) Zoning District is to provide areas for a variety of compatible land uses outside of the Town Center and Transit Oriented Development districts that create a flexible industrial-commercial environment for the community. The purposes of the Flex Service Zoning District are to:
A. Convert areas previously utilized as industrial office hybrid into places with a diverse and innovative mix of uses that are better situated in these areas than in other areas of the City;
B. Provide alternative locations for businesses that meet auto service-oriented, indoor recreational
and amusement, commercial, and light industrial needs that are inconsistent with the goals and visions of Town Center, TOD, and Industrial Flex Tech areas;
C. Provide opportunities for adaptive reuse of properties that provide a mutually beneficial
relationship to land use and community needs;
D. Provide development opportunities that can be auto service-oriented as well as pedestrian accommodating and complement the scale of surrounding areas;
E. Provide a mix of uses and a more efficient, compact, and connected development pattern;
F. Guide future development to provide for and adapt to market and transportation demands;
Subd 2. Permitted Uses. A. Automotive Repair, Major, when conducted exclusively in an enclosed building. B. Automotive Repair, Minor, when conducted exclusively in an enclosed building. C. Small Brewer with Brewer Taproom
D. Microdistillery with Cocktail Room
E. Funeral Homes F. Gymnasium
G. Retail sales and services a. Properties with frontage along a principal arterial street may utilize up to 100
percent of the building’s gross floor area for retail sales and services.
b. Properties without frontage along a principal arterial street may utilize up to 25 percent of the building’s gross floor area for retail sales and services. H. Manufacturing I. Warehousing
J. Processing
K. Wholesaling L. Distribution M. Packaging N. Assembling
O. Compounding
P. Showrooms Q. Business and professional offices, up to 15% of the building’s gross floor area R. Public facilities and services S. Transit facilities
T. Antennas and Towers, in those locations and subject to the limitations contained in City
Code Section 11.06 Subd. 3. Required Conditions
A. Redevelopment shall be in substantial conformance with any special area study applicable to the property. B. Streetscaping must be incorporated to improve the aesthetics and provide cohesiveness. C. Parking structures may not be included in the calculation of number of floors and FAR. D. All permitted uses must be conducted within a building except for patio seating areas
associated with taprooms, cocktail rooms, or other restaurant uses.
Subd. 5. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the FS district, unless otherwise noted:
Standard FS
Lot Size 15,000 sq ft
Lot Width 100 ft. min.
Lot Depth 150 ft. min.
Front Yard Setback 20 ft
Side Yard Setback 10 ft, both sides 20 ft total
Rear Yard Setback 15 ft
Maximum Building Height 40 ft
Maximum Floor Area Ratio 0.3 - 1 Story
0.5 - Multi story
B. The following minimum standards apply for all accessory structures in the FS district.
Standard FS
Side Yard Setback 15 feet
Rear Yard Setback 15 feet
Maximum Height 40 feet
Subd. 5. Performance Standards.
All new development, redevelopment, and subdivisions within the Flex Service district must comply
with architectural standards established in Section 11.03. Sites must also comply with all other
requirements of this Chapter, including but not limited to parking, landscaping, and signage unless
otherwise specified in this Section.
Subd. 6. Off-Street Parking Standards.
A. All properties in the FS district must comply with the off-street parking dimensional and
location requirements established in Section 11.03. The number of required parking stalls
must either comply with parking requirements in Section 11.03 or comply with a parking
plan approved through the following review process:
1. City Council may approve a reduction of the number of required parking spaces
in conjunction with a parking plan upon a finding that there are no negative
impacts on traffic circulation and neighboring properties. This approval is not subject to the requirements or standards of either a variance or PUD review. As
part of an approved parking plan, an agreement between the City and the property
owner may be recorded against the property to ensure that additional parking will
be provided should parking needs exceed the provided parking onsite.
2. The parking plan must include the following elements:
a. At least five (5) off-street parking stalls provided for each property.
b. A site plan showing all structures, parking stalls, drive aisles, and parking and
structure setbacks.
c. Existing and proposed impervious surface coverage.
d. Parking lot calculations, including sizes of parking lot islands, percentage of
property used for parking, etc.
e. Snow storage areas and/or snow removal plan.
f. Stormwater management and water resources.
g. Garbage, recycling, and organics container locations.
h. A list of building uses/users and the area(s) they will occupy in square feet.
i. Operating hours of the uses/users, including peak demand
j. Typical parking need of the uses/users based on performance at other
locations, current site function, etc.
k. Traffic and parking data for the proposed use(s) on the site from ITE or other
professional transportation organization or licensed engineer.
l. Any shared parking or cross-access easements or agreements recorded against
the property.
m. Other items as may be requested by City staff to provide a thorough review of
the site.
Subd. 7. Pedestrian and Off-Street Bicycle Facility Standards.
A. Required public sidewalks and/or trails must be constructed in conformance with the
Comprehensive Guide Plan and the City’s Pedestrian and Bicycle Plan. Design must conform to
the requirements of the City Engineer and the City Parks and Recreation Director.
B. An off-street sidewalk or multi-use trail must be provided that connects each front door of
principal buildings to adjacent public sidewalks, trails, or other pedestrian areas that are either
existing or contemplated in the Comprehensive Guide Plan, an approved City trail plan, or the
City’s Capital Improvement Plan.
C. Off-street bicycle parking must be provided at the following ratios:
1. Commercial and industrial uses – 1 space per 20,000 square feet of gross floor area
2. Office uses - 1 space per 15,000 square feet of gross floor area.
3. Public uses - 5 spaces
D. Bicycle racks must be securely anchored to the ground and on a hard surface. Required bicycle
parking may be seasonal.
E. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively provide
bicycle parking for more than one structure or use upon the City’s approval of a shared parking
plan and agreement.
All development or redevelopment in the FS district must provide exterior pedestrian furniture in
appropriate locations along public trails, sidewalks, and other public gathering areas adjacent to
public rights-of-way at a minimum rate of one seat for every ten thousand (10,000) square feet of
gross floor area.
Section 2. City Code Chapter 11, Section 11.03, Subd. 1.A (Table) is amended by inserting the following new row after the “Mixed Use District” row: Flex Service District FS
Section 3. City Code Chapter 11, Section 11.03, Subd. 3.K.3 is amended by adding the following new
text:
(d) The following provisions apply in the FS district.
(1) A minimum of seventy-five percent, (75%), of each façade of the exterior
building finish fronting on an arterial roadway shall consist of at least three (3)
contrasting, yet complementary materials, with at least one (1) color variation
therein, comparable in grade and quality to the following Class I materials:
i. Face brick;
ii. Natural stone;
iii. Glass;
iv. Cast Stone;
v. Cultured Stone;
vi. Architectural Precast;
vii. Precast Concrete Panel with an exposed aggregate of granite, marble,
limestone, or other natural stone material with at least two (2) architectural
reveals per panel; and
viii. Other materials equal to or better than these listed above, submitted with
specifications for installation and maintenance per industry standard and
as approved by the City Planner.
a. If glass is included as one (1) of the two (2) materials, the other
material is required to have no less than two (2) distinct color
variations.
b. Use of brick, natural stone, and glass may be considered as one of
several grounds upon which the City Council may grant waivers
from Exterior Building requirements through the PUD process.
c. Thin brick may be used in place of full brick only when it is
integrally cast or connected to the substrate with mortar or grout,
and not applied post-casting. Thin brick is excluded from the
waiver opportunity in section 3(d)(viii)(b).
(2) Building façades with street frontage along roadways classified as anything other
than arterial may also use the following as Class I materials towards the required
seventy five percent (75%) with two (2) contrasting materials with one (1) color
variation therein:
i. Specially designed precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture and
smooth concrete block if scored at least twice;
ii. Rock face;
(3) Building façades not fronting any street shall be required to have a minimum of
sixty percent (60%) Class I materials comprised of any combination of the above
listed Class I materials with two (2) contrasting materials with one (1) color
variation therein.
Section 4. City Code Chapter 11, Section 11.03, Subd. 3.K.4 is amended by adding “and FS,” after the word “I-Gen”.
Section 5. City Code Chapter 11, Section 11.03, Subd. 3.M is amended by adding the word “FS,” after the word “I-GEN”. Section 6. City Code Chapter 11, Section 11.70, Subd. 5 is amended by adding the following new text:
J. Flex Service District: FS
1. Free-standing Signs.
a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing
sign not to exceed eighty (80) square feet.
b. Where a building site has two (2) or more street frontages, one (1) free-standing sign
not to exceed eighty (80) square feet is permitted on one frontage, and the additional
frontages are each permitted a free-standing sign not to exceed fifty (50) square feet.
Each allowed sign must be located on the street frontage generating the allowance.
c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way
line.
d. Height. No free-standing sign may exceed eight (8) feet in height.
e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign
area.
f. The total sign area of any multi-faced free-standing sign may not exceed twice the
permitted area of a single-faced sign.
g. Free-standing signs that are double-faced signs must be placed back to back with not
more than thirty (30) inches between facings.
2. Wall Signs.
a. For façades with street frontage, the total wall signage may not exceed eighty (80)
square feet.
b. For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior
wall of the building at the ground floor is permitted, not to exceed fifteen percent (15%)
of the wall area that tenant occupies of the wall to which it is affixed, up to a maximum
of fifty (50) square feet.
c. Temporary Signs are only permitted as provided in Subdivision 4.
d. Sign Design. All signs shall be uniform in design, color, and placement.
e. Incidental signs are permitted as provided in Subdivision 4.
f. Sandwich board signs are permitted as provided in Subdivision 4.
Section 7. City Code Chapter 9, Section 9.01, Subd. 5 is amended by adding the word “FS,” after every instance of “I-GEN” in the subdivision. Section 8. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sections 9.99 and 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 11th day of July, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2023.
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Current on the ____ day of ______________, 2023.
STAFF REPORT
TO: Planning Commission FROM: Sarah Strain, Planner II
DATE: June 12, 2023 SUBJECT: Code Change – City Code Chapter 11, creating a Flex Service zoning district
BACKGROUND
The Comprehensive Plan, ASPIRE 2040, established a Flex Service land use category with the intent to provide for a mix of differing but compatible land uses that would not be permitted or are difficult to integrate into Transit Oriented (TOD) or Town Center (TC) zones. ASPIRE 2040 identified two (2) areas for this potential zoning district, circled in red in the pictures below. Most of the properties identified and guided for Flex Service are along Martin Drive, which was subject to a Special Study
area in ASPIRE 2040. A handful of parcels at the intersection of Pioneer Trail and Pioneer Trail have also been identified, which includes the Caliber Collision parcel.
OBJECTIVES The Flex Service zoning district is intended to provide flexibility and incentives for redevelopment or reinvestment on the property without loss of existing rights and opportunities provided by current city code. Currently, all the parcels guided for Flex Service are zoned Industrial. All of the existing
uses on these properties will be permitted uses in the Flex Service zoning district or have been
approved though a Planned Unit Development. The incentives for redevelopment include reduced setbacks and lot standards, and flexible architectural standards and parking requirements. PROPOSED CODE CHANGES
Following is a summary of the proposed ordinance, by subdivision.
Permitted Uses (Subd. 2) The table below compares the proposed uses that would be permitted in the Flex Service zoning district with the C-Reg-Ser commercial district and Industrial zoning districts. The intention is to
Staff Report – Flex Service
June 12, 2023 Page 2
2
permit all existing uses on properties guided Flex Service and to allow certain commercial uses to expand opportunities on these sites.
Permitted Use Flex Service (proposed) C-REG-SER Industrial
Commercial
Retail Sales and Services
Up to 100% GFA for properties
fronting principle arterial;
Up to 25% GFA for all other properties;
Automotive supportive sales up to
100% on all FS properties
Yes Up to 15% GFA
Day Care Facilities No Yes No
Small Brewer with Taproom Yes Yes Yes
Micro-Distillery Yes Yes Yes
Gasoline/convenience stores No Yes No
Automotive Repair, Minor Yes Yes Yes
Automotive Repair, Major Yes No Yes
Office
Business and Professional Offices Up to 15% GFA Yes Up to 50% GFA
Industrial
Gymnasium Yes No Yes
Manufacturing Yes No Yes
Warehousing Yes No Yes
Processing Yes No Yes
Wholesaling Yes No Yes
Distribution Yes No Yes
Packaging Yes No Yes
Assembly Yes No Yes
Compounding Yes No Yes
Showrooms Yes No Yes
Funeral Homes Yes No Yes
Commercial Kennels No No Yes
Sexually oriented businesses No No Yes
Public Infrastructure
Antennas & Towers, as accessory use Yes Yes Yes
Public Infrastructure Yes Yes Yes
Transit Facilities Yes Yes Yes
Staff Report – Flex Service
June 12, 2023 Page 3
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Required Conditions (Subd. 3) The purpose of the required conditions is to highlight the Martin Drive Special Area Study that was
conducted and approved as part of ASPIRE 2040. This study and required conditions focus on streetscaping and sidewalks to create a more cohesive area than current conditions. It also clarifies that all permitted uses must be conducted within a building except for patios related to taprooms, cocktail rooms, or other restaurant uses. Building Bulk and Dimension Standards (Subd. 4) The proposed ordinance was developed to avoid creating additional non-conformities. As shown below, the proposed lot standards for Flex Service are less restrictive than the current Industrial zoning and is overall more flexible than the C-Reg-Ser zoning district.
Standard Flex Service (Proposed) C-REG-SER I-2 Park I-5 Park
Lot Size 15,000 sq ft 10,000 sq ft 2 acres 5 acres
Lot Width 100 ft. min. 80 200 300
Lot Depth 150 ft. min. 100 300 300
Front Yard Setback 20 (ft) 35 50 75
Side Yard Setback 10 (ft) 20 20 30
Rear Yard Setback 15 (ft) 10 25 25
Maximum Building Height 40 (ft) 40 40 40
Maximum FAR 0.3 1 Story 0.5 Multi story
0.2 1 Story 0.4 Multi story
0.3 1 Story 0.5 Multi story
0.3 1 Story 0.5 Multi story Performance Standards (Subd. 5) All new development, redevelopment, and subdivisions within the Flex Service district must comply with architectural standards established in Section 11.03, which is discussed more below. Sites must also comply with all other requirements of Chapter 11, including but not limited to
parking, landscaping, and signage unless otherwise specified. Parking (Subd. 6) Parking is costly item to construct and maintain and may create a barrier in redevelopment, especially if properties do not have the business need for the ratios required in City Code. While
reductions in required parking could be facilitated through Planned Unit Development (PUD)
waivers, several of the existing lots are small (less than one (1) acre), increasing the likelihood that several of the properties guided Flex Service would require a waiver for parking standards. The need for a PUD waiver could also be disincentivizing for redeveloping properties. In staff’s research and discussions with metro area and similarly sized communities, reduced or no parking requirements in
industrial areas like the proposed Flex Service district have been well received by both the staff and
Staff Report – Flex Service
June 12, 2023 Page 4
4
business community for on-site flexibility and to ease property redevelopment. Staff’s desire to create flexibility and incentivize redevelopment led to the proposed parking requirements for the
Flex Service zoning district. As proposed, Flex Service properties will have two (2) options to meet parking requirements; comply to existing City Code requirements based on the site use(s) or comply with a City Council approved parking plan. To implement a parking plan, the property owner would be required to
submit a parking plan for review including a site plan, list of proposed uses and the square footage each use will occupy, operating hours of uses, typical parking need of uses based on performance at other locations, traffic and parking data from a professional transportation organization or licensed engineer, existing and proposed impervious surface coverage, parking lot islands calculations, snow storage locations, stormwater management, garbage/recycling locations, and any shared parking or
cross-access easements that exist for the property. All parking plans must include at least five (5) parking stalls that must be screened from the public right-of-way. Staff will review the parking plan and provide a recommendation to City Council. City Council may approve a reduction of the number of required parking spaces in conjunction with a parking plan
upon a finding that there are no negative impacts on traffic circulation and neighboring properties. The approved parking plan will not subject to the requirements or standards of either a variance or PUD review. As part of an approved parking plan, an agreement between the City and the property owner may be recorded against the property to ensure that additional parking will be provided should parking needs exceed the provided parking onsite. Pedestrian and Bicycle Facilities (Subd. 7) The Martin Drive Special Area Study highlighted streetscapes and connectedness of the Flex Service area. Additionally, the regional trail passes by the Martin Drive area on the west side, allowing for multimodal connections. However, many of the proposed uses in the Flex Service zoning district are
automotive or truck oriented, which may limit the number of bike and walking trips to the area. To balance these conditions, sidewalks will be required to connect main entrances to sidewalks in the public right-of-way, and bicycle parking will be required at one (1) space per 20,000 square feet of industrial or commercial floor area, a significant reduction from required bicycle parking in the Town Center and Transit Oriented Development zoning districts. For most existing building sizes,
this would be five (5) or fewer bicycle spaces, or one bicycle rack. Architectural Standards (Chap. 11, Section 11.03, Subd. K) The proposed district adopts largely the same Architectural Standards related to roofline variation and building articulation as found in other industrial districts. Flex Service district proposes an
adjusted approach to the exterior building material requirement to accommodate the range of
permitted uses and site varieties. Exterior building materials are proposed to be regulated based on street frontage rather than a per façade basis. The intention is to be both sensitive to current conditions and allow flexibility as sites redevelop or relocate from other locations in the city and to
Staff Report – Flex Service
June 12, 2023 Page 5
5
take industrial uses into account in design requirements.
The image below demonstrates how exterior building materials will be regulated. Façades fronting an arterial roadway (Hwy 5/212), outlined in red below, will be required to meet current commercial architectural standards of 75% Class I/25% Class II materials. Façades fronting other street types (collectors, local streets, etc.), outlined in yellow below, will be required to meet current industrial architectural standards of 75% Class I/25% Class II materials. The main difference between these
regulations is the materials considered to be Class I; the industrial exterior building material standards considers specially designed precast concrete units and rock face to be Class I materials where these are considered Class II in commercial standards. For façades without street frontages, outlined in green below, building façades will be required to
have a minimum of sixty percent (60%) Class I materials as defined by industrial standards with two (2) contrasting materials with one (1) color variation therein. The intention is to allow more accommodating design options for “back of house” operations, warehousing, and loading docks.
Signage (Chapter 11, Section 11.70) Signage standards for the Flex Service Zoning District are proposed to be consistent with Industrial districts except for tenant signs. Tenant signs in multi-tenant buildings will be allowed to be up to 15 percent of the wall area the tenant occupies, up to 50 square feet. This is an increase from the 10
percent currently allowed in Industrial districts and aligns with the tenant sign allowance in Commercial districts.
Red = Commercial Standards Yellow = Industrial Standards Green = Flexible Industrial Standards
Staff Report – Flex Service
June 12, 2023 Page 6
6
PUBLIC OUTREACH The Flex Service zoning district was shared conceptually with the Chamber of Commerce on May 4,
2023. A draft was posted on the Planning Department’s website. To date, staff has not received comments on the proposed zoning district. STAFF RECOMMENDATION Staff recommends approval of the ordinance establishing a Flex Service Zoning District as drafted.
This action creates the Flex Service Zoning District. No properties are rezoned. A rezoning action will be initiated by a property owner as part of a proposal to redevelop their property.
1
FLEX SERVICE DISTRICT 1
Subd. 1. Purpose. The intent of the Flex Service (FS) Zoning District is to provide areas for a 2
variety of compatible land uses outside of the Town Center and Transit Oriented Development 3
districts that create a flexible industrial-commercial environment for the community. The 4
purposes of the Flex Service Zoning District are to: 5
A. Convert areas previously utilized as industrial office hybrid into places with a diverse and 6
innovative mix of uses that are better situated in these areas than in other areas of the 7
City; 8
9
B. Provide alternative locations for businesses that meet auto service-oriented, indoor 10
recreational and amusement, commercial, and light industrial needs that are inconsistent 11
with the goals and visions of Town Center, TOD, and Industrial Flex Tech areas; 12
13
C. Provide opportunities for adaptive reuse of properties that provide a mutually beneficial 14
relationship to land use and community needs; 15
16
D. Provide development opportunities that can be auto service-oriented as well as pedestrian 17
accommodating and complement the scale of surrounding areas; 18
19
E. Provide a mix of uses and a more efficient, compact, and connected development pattern; 20
21
F. Guide future development to provide for and adapt to market and transportation demands; 22
23
Subd. 2. Permitted Uses 24
A. Automotive Repair, Major, when conducted exclusively in an enclosed building. 25 B. Automotive Repair, Minor, when conducted exclusively in an enclosed building. 26 C. Small Brewer with Brewer Taproom 27 D. Microdistillery with Cocktail Room 28
E. Funeral Homes 29
F. Gymnasium 30 G. Retail sales and services 31 a. Properties with frontage along a principal arterial street may utilize up to 100 32 percent of the building’s gross floor area for retail sales and services. 33
b. Properties without frontage along a principal arterial street may utilize up to 25 34 percent of the building’s gross floor area for retail sales and services. 35 c. Automotive supportive sales are permitted on any property in the FS district up to 36 100 percent of the building’s gross floor area. 37 H. Manufacturing 38
I. Warehousing 39
J. Processing 40 K. Wholesaling 41 L. Distribution 42
2
M. Packaging 43 N. Assemblingy 44
O. Compounding 45
P. Showrooms 46 Q. Business and professional offices, up to 15% of the building’s gross floor area 47 R. Public facilities and services 48 S. Transit facilities 49
T. Antennas and Towers, in those locations and subject to the limitations contained in City 50
Code Section 11.06 51 52 Subd. 3. Required Conditions 53 54
A. Redevelopment shall be in substantial conformance with any special area study 55
applicable to the propertythe Martin Drive Special Area Study. 56 B. Streetscaping must be incorporated to improve the aesthetics and provide cohesiveness. 57 C. Parking structures may not be included in the calculation of number of floors and FAR. 58 D. All permitted uses must be conducted within a building except for patio seating areas 59
associated with taprooms, cocktail rooms, or other restaurant uses. 60
61
Subd. 4. Building Bulk and Dimension Standards. 62
A. The following minimum standards apply in the FS district, unless otherwise noted: 63
Standard FS
Lot Size 15,000 sq ft
Lot Width 100 ft. min.
Lot Depth 150 ft. min.
Front Yard Setback 20 ft
Side Yard Setback 10 ft, both sides
20 ft total
Rear Yard Setback 15 ft
Maximum Building Height 40 ft
Maximum Floor Area Ratio
0.3 - 1 Story
0.5 - Multi story 64
B. The following minimum standards apply for all accessory structures in the FS district: 65
Standard FS
Side Yard Setback 15 feet
Rear Yard Setback 15 feet
Maximum Height 40 feet
3
66
Subd. 5. Performance Standards. 67
All new development, redevelopment, and subdivisions within the Flex Service district must 68
comply with architectural standards established in Section 11.03. Sites must also comply with all 69
other requirements of this Chapter, including but not limited to parking, landscaping, and signage 70
unless otherwise specified in this Section. 71
72
Subd. 6. Off-Street Parking Standards. 73
A. All properties in the FS district must comply with the off-street parking dimensional and 74
location requirements established in Section 11.03. The number of required parking stalls 75
must either comply with parking requirements in Section 11.03 or comply with a parking 76
plan approved through the following review process: 77
1. City Council may approve a reduction of the number of required parking spaces 78
in conjunction with a parking plan upon a finding that there are no negative 79
impacts on traffic circulation and neighboring properties. This approval is not 80
subject to the requirements or standards of either a variance or PUD review. As 81
part of an approved parking plan, an agreement between the City and the property 82
owner may be recorded against the property to ensure that additional parking will 83
be provided should parking needs exceed the provided parking onsite. 84
2. The parking plan must include the following elements: 85
a. At least five (5) off-street parking stalls provided for each property. 86
b. A site plan showing all structures, parking stalls, drive aisles, and parking and 87
structure setbacks. 88
c. Existing and proposed impervious surface coverage. 89
d. Parking lot calculations, including sizes of parking lot islands, percentage of 90
property used for parking, etc. 91
e. Snow storage areas and/or snow removal plan. 92
f. Stormwater management and water resources. 93
g. Garbage, recycling, and organics container locations. 94
h. A list of building uses/users and the area(s) they will occupy in square feet. 95
i. Operating hours of the uses/users, including peak demand 96
j. Typical parking need of the uses/users based on performance at other 97
locations, current site function, etc. 98
k. Traffic and parking data for the proposed use(s) on the site from ITE or other 99
professional transportation organization or licensed engineer. 100
l. Any shared parking or cross-access easements or agreements recorded against 101
the property. 102
m. Other items as may be requested by City staff to provide a thorough review of 103
the site. 104
105
Subd. 7. Pedestrian and Off-Street Bicycle Facility Standards. 106
4
A. Required public sidewalks and/or trails must be constructed in conformance with the 107
Comprehensive Guide Plan and the City’s Pedestrian and Bicycle Plan. Design must 108
conform to the requirements of the City Engineer and the City Parks and Recreation 109
Director. 110
111
B. An off-street sidewalk or multi-use trail must be provided that connects eachthe front 112
door of principalle buildings to adjacent public sidewalks, trails, or other pedestrian areas 113
that are either existing or contemplated in the Comprehensive Guide Plan, an approved 114
City trail plan, or the City’s Capital Improvement Plan. 115
116
C. Off-street bicycle parking must be provided at the following ratios: 117
1. Commercial and industrial uses – 1 space per 20,000 square feet of gross floor area 118
2. Office uses - 1 space per 15,000 square feet of gross floor area. 119
3. Public uses - 5 spaces 120
121
D. Bicycle racks must be securely anchored to the ground and on a hard surface. Required 122
bicycle parking may be seasonal. 123
124
E. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively 125
provide bicycle parking for more than one structure or use upon the City’s approval of a 126
shared parking plan and agreement. 127
128
F. All development or redevelopment in the FS district must provide exterior pedestrian 129
furniture in appropriate locations along public trails, sidewalks, and other public 130
gathering areas adjacent to public rights-of-way at a minimum rate of one seat for every 131
ten thousand (10,000) square feet of gross floor area. 132
133
5
Amendments to other sections 134
Text to be added is underlined. 135
To be added to 11.03, Subd 1. (Table): 136
Flex Service District FS
137
To be added to 11.03, related to Exterior Building Materials; 138 139 3. Exterior Building Materials 140
(d) The following provisions apply in the FS district. 141
(1) A minimum of seventy-five percent, (75%), of each façade of the exterior 142
building finish fronting on an arterial roadway shall consist of at least three (3) 143
contrasting, yet complementary materials, with at least one (1) color variation 144
therein, comparable in grade and quality to the following Class I materials: 145
i. Face brick; 146
ii. Natural stone; 147
iii. Glass; 148
iv. Cast Stone; 149
v. Cultured Stone; 150
vi. Architectural Precast; 151
vii. Precast Concrete Panel with an exposed aggregate of granite, marble, 152
limestone, or other natural stone material with at least two (2) architectural 153
reveals per panel; and 154
viii. Other materials equal to or better than these listed above, submitted with 155
specifications for installation and maintenance per industry standard and 156
as approved by the City Planner. 157
a. If glass is included as one (1) of the two (2) materials, the other 158
material is required to have no less than two (2) distinct color 159
variations. 160
b. Use of brick, natural stone, and glass may be considered as one of 161
several grounds upon which the City Council may grant waivers 162
from Exterior Building requirements through the PUD process. 163
c. Thin brick may be used in place of full brick only when it is 164
integrally cast or connected to the substrate with mortar or grout, 165
6
and not applied post-casting. Thin brick is excluded from the 166
waiver opportunity in section 3(d)(viii)(b). 167
(2) Building façades with street frontage along roadways classified as anything other 168
than arterial may also use the following as Class I materials towards the required 169
seventy five percent (75%) with two (2) contrasting materials with one (1) color 170
variation therein: 171
i. Specially designed precast concrete units if the surfaces have been 172
integrally treated with an applied decorative material or texture and 173
smooth concrete block if scored at least twice; 174
ii. Rock face; 175
(3) Building façades not fronting any street shall be required to have a minimum of 176
sixty percent (60%) Class I materials comprised of any combination of the above 177
listed Class I materials with two (2) contrasting materials with one (1) color 178
variation therein. 179
4. Building Articulation. 180
(a) Façade Articulation. Any building façade exceeding forty (40) feet (80 feet in I-2, I-5, I-181 Gen, and FS) in length shall be designed with recesses or a minimum of four (4) inches in 182 depth in the building façade, material changes, or other methods of building articulation that 183 break perceived scale of the building or create visual interest. Rear or side yard dock walls 184
shall be exempt from this provision. 185
186
To be added to 11.03 related to Trash and Recycling 187
11.03, Subd. 3.M – trash and recycling “M. Trash and Recycling. Implementation of a trash 188
enclosure plan shall be required prior to issuance of any occupancy permit for a property 189 located in zoning districts RM 2-5, OFC, I-2, I-5, I-Gen, FS, C-Com, N-Com, C-Reg, C-Reg-190 Ser, C-Hwy, TC, TOD-E, TOD-R, TOD-MU, PUB, GC, A-C and A-OFC. This Section 191 11.03 Subdivision 3.M is applicable to applicable to all properties which have been issued a 192 building permit for new construction after the effective date of the ordinance. 193 194
To be added to 11.70 Subd. 5related to Signs 195
J. Flex Service District: FS 196
1. Free-standing Signs. 197
a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing 198
sign not to exceed eighty (80) square feet. 199
b. Where a building site has two (2) or more street frontages, one (1) free-standing sign 200
not to exceed eighty (80) square feet is permitted on one frontage, and the additional 201
7
frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. 202
Each allowed sign must be located on the street frontage generating the allowance. 203
c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way 204
line. 205
d. Height. No free-standing sign may exceed eight (8) feet in height. 206
e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign 207
area. 208
f. The total sign area of any multi-faced free-standing sign may not exceed twice the 209
permitted area of a single-faced sign. 210
g. Free-standing signs that are double-faced signs must be placed back to back with not 211
more than thirty (30) inches between facings. 212
2. Wall Signs. 213
a. For façades with street frontage, the total wall signage may not exceed eighty (80) 214
square feet. 215
b. For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior 216
wall of the building at the ground floor is permitted, not to exceed fifteen percent (15%) 217
of the wall area that tenant occupies of the wall to which it is affixed, up to a maximum 218
of fifty (50) square feet. 219
c. Temporary Signs are only permitted as provided in Subdivision 4. 220
d. Sign Design. All signs shall be uniform in design, color, and placement. 221
e. Incidental signs are permitted as provided in Subdivision 4. 222
f. Sandwich board signs are permitted as provided in Subdivision 4. 223
224
To be added to Chapter 9, Subd 5, related to Recyclable Waste Collection 225
Subd. 5. Recyclable Waste Collection—OFC, I-2, I-5, I-Gen, FS, C-Com, N-Com, C-Reg, 226 C-Reg-Ser, C-Hwy, TC, TOD, MU and FS. This subdivision is applicable to all properties 227 which have been issued a building permit for new construction after the effective date of the 228 ordinance. Owners, Associations or other management entities for properties located within the 229 OFC, FS, I-2, I-5, I-Gen, FS, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC, TOD and MU 230 zoning districts shall provide to all occupants services for the Collection of Recyclable Waste 231
which accumulates on the premises in accordance with the following provisions: 232
A. Schedule. Collection services must be available on the premises and must be provided on a 233 regularly-scheduled basis. The Owner, Association or management entity may provide the 234 Collection services or may utilize a person licensed pursuant to City Code Section 5.36. 235
8
B. Recycling Information Required. The Owner, Association or management entity of all 236 properties zoned OFC, I-2, I-5, I-Gen, FS, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC, 237
TOD and MU shall provide notice to the occupants of each unit which provides information on 238
the availability of Collection services, clearly describes and lists the procedures required to 239 prepare the Recyclable Waste for Collection, and identifies the dates and times of Collection. 240
C. Container Requirements. The Owner, Association or management entity of all properties 241 zoned OFC, I-2, I-5, I-Gen, FS, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC, TOD and 242
MU shall provide containers for the Collection of Recyclable Waste and shall maintain the 243
containers in a clean and sanitary condition. The containers shall be sufficient in number and 244 size to meet the demands for recycling services created by the owners or tenants. The Owner, 245 Association or management entity shall replace stolen or broken containers and purchase 246 additional containers as needed. Containers shall be placed in a location on the premises which 247
permits access for Collection purposes but which does not obstruct pedestrian or vehicular 248
traffic and must comply with City Code Section 11.03, Subdivision 3.L. 249
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JUNE 12, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER
Acting Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members Pieper and Sivilay were absent.
III. APPROVAL OF AGENDA
MOTION: Weber moved, seconded by Mette to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Kirk moved, seconded by Weber to approve the minutes of May 22, 2022.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. CODE AMENDMENT FOR A FLEX SERVICE ZONING DISTRICT
Request for:
• Amend City Code Chapter 11 relating to the creation of a Flex Service Zoning District
Barnhart presented the staff report. The Flex Service zoning district is intended to provide flexibility and incentives for redevelopment or reinvestment on the property without loss of existing rights and opportunities provided by current city code. Currently, all the parcels guided for Flex Service are zoned Industrial. All of
PLANNING COMMISSION MINUTES June 12, 2023
Page 2
the existing uses on these properties will be permitted uses in the Flex Service zoning district or have been approved though a Planned Unit Development.
There were two areas of focus, one north of Highways 212 and 5 and west of Mitchell, and the other near the intersection of Pioneer Trail and Pioneer Trail.
Other areas could be included in the future but these two were initially identified. This new zoning district provides flexibility in site design, uses, parking requirements, building materials, and signage when compared to existing zoning. Uses allowed in Flex Service would be those allowed in Industrial plus several
uses currently permitted in Commercial zoning districts, including major/minor auto repair, gymnasiums, manufacturing, warehouse and small brewers, and micro-distilleries and retail sales and services. The restriction of retail in Industrial zones is proposed to increase from 15 to 25
percent. Parcels adjacent to any principal arterial could go to 100 percent retail.
These were arteries with the highest amount of traffic. The new zoning district would allow for flexibility in parking in one of three ways: 1. by meeting the published standard, 2. obtain a PUD waiver or 3. prepare
a parking plan for Council approval. The draft includes several parameters within
which a parking plan would be evaluated. Building materials in the new district would have the following standards: Lot frontages on arterial streets would meet Commercial standards;
Lot frontages on other streets would meet Industrial standards;
All others would have a proportion 60/40 of Class I and Class II materials. This only adjusts building materials, and no changes to roof or plane articulation are suggested.
Signage flexibility would follow industrial standards and wall signage allowed would be the same as Commercial. Barnhart explained this Flexible Service zoning district had been generally
presented to the Chamber of Commerce in early May, and no comments have
been received. Grote asked for and received clarification that restaurants were classified as retail. Mette asked if there was a parking mechanism in place to trigger the City to
reexamine a parking proposal. Barnhart replied there were frequent use changes, and staff would apply zoning and land use process, then go through the administrative process or a Planning Commission review. Mette noted commercial kennels/dog daycare were not allowed as the district was presently defined and asked for background. She recommended these be allowed in Flex
PLANNING COMMISSION MINUTES June 12, 2023
Page 3
Service. Barnhart said creating the district was a balance, and this could be looked at in the future, but more jobs-related criteria had been used.
Mette objected to the retail restriction suggesting those be allowed a minimum of 25 percent instead. She found a blurry line between a gymnasium and other athletic uses (such as fitness centers, new pickleball facilities, CrossFit gyms, martial area, spin studios, parkour places, rock climbing and dance studios) and
suggested many of these belonged in this zoning district as well. Barnhart noted “gymnasiums” in the district would require a building wall 20 feet high or higher, with anything under in height considered retail. Farr proposed a text change on page two, line 55 to require a condition to also
include the redevelopment if it was also in the Pioneer Trail study. Barnhart suggested the language be amended to reference “any special area studies applicable”. Farr suggested another change on page 4, line 112, Item B with stated that a sidewalk be provided that would connects the principal front door be changed to “each front door” of the principal building. Barnhart agreed.
MOTION: Weber moved, seconded by Kirk to close the public hearing. Motion carried 7-0. Farr commended the proposed new zoning district. Grote asked how broad the 40
foot high restriction was. Barnhart replied he did not know exactly but this was consistent across most of the city, and staff could look at it. He did not suggest a change for the Flex Service which would increase the height, as this was more appropriate for the Commercial zoned areas. Developments near the Flying Cloud airport are also under a height restriction.
Kirk echoed Farr’s comments, stating this was a reasonable approach to dealing with “interesting” areas of the City. He also agreed with Mette’s suggestion of including dance studios and martial arts facilities, et cetera. Farr suggested this could be taken up later in the Zoning Ordinance Definitions discussion. Mette
agreed, and added a retail exception might allow some of her suggested businesses. Discussion followed on motion language. MOTION: Kirk moved, seconded by Grote to approve an Ordinance amending City Code Chapter 11 creating a Flex Service Zoning District as represented in
the June 12, 2023 staff report, including appropriate wording comments made at the meeting. Motion carried 7-0. B. CODE AMENDMENT FOR PARKING REGULATIONS
Request for:
• Amend City Code Chapter 11 relating to Parking regulations
PLANNING COMMISSION MINUTES June 12, 2023
Page 4
Barnhart presented the staff report. This amendment included a reorganization of regulations for clarity, while also providing flexibility for compact cars, revise the
process for shared parking, adjust parking requirements for certain uses (banks, gymnasiums, nursing homes, large shopping centers) and define parking standards for others (day care centers). Recognizing that the provision of parking can be a major expense for businesses,
there is a desire to not require excessive parking. The draft proposes up to 10 percent of required parking would be marked for compact cars and may be counted toward required parking, provided that the applicant met the following standards: All stalls had to be a minimum of 8 feet wide and 16 feet long for 90 degree stalls,
and the most recent ITE standards for others had to be followed for parking angled differently than 90 degrees. Shared parking would be allowed, especially off-street parking in a shared facility for two or more uses with substantially different hours of operation.
Requirements for a development or redevelopment project might be reduced up to 20 percent if the following standards were met: Shared between 2 or more complimentary uses; A shared parking plan; Applicant demonstrates no substantial conflict in the peak parking demands of the uses and adequate amount of parking to meet the needs. This parking plan would be
approved by the city. The draft reduces parking for banks reducing it from 6/1000 sf of gross floor area to 5/1000. Day care has no specific requirement currently, but staff recommends one stall
per employee on largest work shift plus one per business vehicle plus one per every six children. Gymnasiums would move from 5/1000 sf of gross floor area to 2.5/1000. There was a wide variation in other cities on this, and we are not increasing the non-conforming status of current uses.
Standards were also set for retail and shopping centers, and nursery/assisted living. Staff recommended approval. Grote asked for and received confirmation state and federal ADA requirements would apply. He asked if electric vehicles were included in the change. Barnhart
replied they were not included as this will continue to be worked out on a case-by-case basis, but he could envision required EV parking in the future. Mette asked for and received clarification that apartment with retail below did not
require a separate agreement as it would be memorialized in the development
agreement. Mette made a text change to recorded against “any applicable properties” instead of “against both properties” on line 116 [no page given]. She also corrected a typo on the table for shopping centers from 4.24/1000 to
PLANNING COMMISSION MINUTES June 12, 2023
Page 5
4.25/1000. She asked for and received clarification of the definition of a shopping center as being over 200,000 square feet, which she wanted included in the
Ordinance. Barnhart noted that the definition of shopping center was included in the Mixed Use Zoning District text. Farr expressed approval of the parking reduction for banks and stated he would have gone down to 4/1000. He commended the covered parking requirement
change and accommodations for compact parking stalls and urged their convenient location. He added gymnasium parking was so variable that this change would be a wonderful opportunity for shared use. Discussion followed on including a parking provision for gymnasiums. Barnhart stated he would rather look into the potential for the Flex Service model for gymnasiums and other
similar uses before implementing it here. Farr asked at what point did Eden Prairie suggest a traffic study to supplement an applicant’s parking data. He feared seeing parking on the street after an application was approved. Barnhart replied every project required some level of
traffic analysis, and parking expectations were weighed against this in the site design as part of the application process. Grote noted the golf course was the only outdoor activity mentioned, which allowed 72 spaces. He noted an outdoor facility such as a football or baseball
stadium would require more parking. Barnhart stated there was the golf course use requirement plus any spaces required of the clubhouse. Mette stated the Code established a minimum, and the commission could not require an applicant to exceed it. The parking plan was to ask for relief, so there
was a potential issue of a higher use than what the applicant indicated. Farr agreed, but stated he was satisfied with staff’s response of potential problems being caught via administrative process. MOTION: Weber moved, seconded by Taylor to close the public hearing. Motion carried 7-0. Farr agreed with staff’s recommendations for the parking requirements. Kirk stated this appeared to be a very reasonable proposal, echoing Weber’s lament years ago regarding “acres and acres of asphalt.” Grote stated he was concerned
about the golf courses and suggested a metric of 1.25 times the 72 as a buffer for those warming up and/or lined up to play. Barnhart offered to do some analysis of the golf course parking minimum and bring the data to the commission.
MOTION: Grote moved, seconded by Taylor to approve the Code Amendment
Chapter 11 relating to parking regulations as represented in the June 12, 2023 staff report with the modifications to line 116 to say, “against any applicable
PLANNING COMMISSION MINUTES June 12, 2023
Page 6
properties” and the correction of the shopping center parking table proportion to 4.25. Motion carried 7-0.
PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Kirk to adjourn. Motion carried 8-0. The meeting was adjourned at 8:08 p.m.
Flex Service Zoning
District
July 11 City Council Meeting
Properties Guided Flex Service
Two areas identified in Aspire: Most of these properties are
currently zoned Industrial (I-2)
Flex Service Zoning District Goals
•Implement Aspire Land Use Guide plan
•Proactively address adaptive re-use of existing buildings in changing
marketplace
•Provide flexibility and opportunity for unique projects and/or properties
•Incentivize location of certain uses not ideally suited for Golden Triangle,
Town Center, and TOD areas
•Establish zoning regulations only. Zoning changes would be a separate
process initiated by property owners.
Incentives
•Five main areas to incentivize increased flexibility:
•Site design
•Permitted uses
•Parking requirements
•Building materials
•Signage
Incentives –Site Design
•Reduced setbacks when compared
to Industrial Uses (which is the
majority of the current zoning in the
guided area).
•Reduced lot size and lot dimension
requirements to reflect the existing
Flex Service guided properties.
Incentives –Flexibility of Uses
•Provides for a hybrid of commercial and industrial uses
•Uses allowed in Industrial allowed in Flex Service, plus
several uses currently permitted in Commercial zoning
districts, such as major/minor auto repair, small brewers
and micro-distilleries, and retail sales/services
•Retail restriction raised from 15% to 25%
•Parcels adjacent to principal arterial allowed up to
100%
Incentives - Parking
•Options include:
•Meet zoning code standard;
•Seek a PUD waiver; or
•Prepare an Parking Plan reflecting business need
for Council approval.
Incentive -Flexible Parking Requirements
•Properties will need to meet zoning requirements or submit a Parking Plan for
review/approval.
•Approved by City Council
•As part of an approved parking plan, an agreement between the City and the
property owner may be recorded against the property to ensure that additional
parking will be provided should parking needs exceed the provided parking onsite
•All sites submitting a Parking Plan must provide at least 5 off-street parking stalls.
•In many ways similar to the PUD process, without the PUD process
Incentive -Flexibility in Exterior Building Materials
•Properties fronting an arterial roadway must meet
current Commercial building material standards.
(Red)
•Properties fronting other local/collector streets
must meet current Industrial building material
standards (Yellow).
•Interior façades (no street frontage) may have a
minimum of 60% Class I materials/40% Class II
materials (Green).
•Current roofline and building articulation
requirements apply.
Red = Commercial Standards
Yellow = Industrial Standards
Green = Flexible Industrial Standards
Incentive -Sign Allowance
•Freestanding Signs: Same as current Industrial
standards
•One (1) 80 sq ft sign with additional frontages
allowed up to 50 sq ft sign.
•Wall Signs:
•Signage allowed on the building façade with
street frontage up to 80 sq ft total.
•Increase in multi-tenant signage from current
10% of the tenant wall area to 15%.
Questions?
Incentive: Flexibility in Site Design
Commercial/Industrial District
Minimum Lot Size Minimum Lot Width atRight-of-Way Line
Minimum Yard-Setback
Site Area PerDwelling Unit
Max Floor Area Ratio(FAR)
Max Base AreaRatio (BAR)
Height of Main Structure(Ft.)
Accessory Structures
Area S.F.or Acres Width Ft.Depth Ft.Front Ft.One Side Ft.Both Sides Ft.Rear Ft.Max Height
Min. Dist. to Side Lot Line
Min. Dist. to Rear Lot Line
C-REG-SER 10,000 80 100 80 35 20 40 10
Dwelling
Not
Permitted
0.2—1
Story
0.4 Multi
Story
0.2 40 40 20 10
I-2 PARK 2 acres 200 300 200 50 20 40 25 Dwelling Not
Permitted
0.3—1
Story
0.5 Multi
Story
0.3 40 40 20 25
I-5 PARK 5 acres 300 300 300 75 30 60 25 Dwelling Not
Permitted
0.3—1
Story
0.5 Multi
Story
0.3 40 40 20 25
I-GEN 5 acres 300 300 300 75 30 60 50 Dwelling Not
Permitted
0.3—1
Story
0.5 Multi
Story
0.3 40 40 20 50
FLEX SERIVCE 15,000 100 150 100 20 10 20 15 Dwelling Not
Permitted
0.3—1
Story
0.5 Multi
Story
0.3 40 40 15 15
Incentive: Flexibility of Uses
•Proposed permitted uses in the Flex Service district include most uses currently
permitted in Industrial zoning districts and several uses currently permitted in
Commercial zoning districts, including major/minor auto repair, gymnasiums,
manufacturing, warehousing, small brewers and micro-distilleries, and retail
sales/services
•Support retail uses along a principal arterial streets with 100% of the building’s
gross floor area for retail sales and services.
•Properties without frontage along a principal arterial street may utilize up to 25%
of the gross floor area for retail sales and services. (Industrial zoned properties
are currently allowed 15% retail/services.)
Full List of Permitted Uses
A.Automotive Repair, Major, when conducted
exclusively in an enclosed building.
B.Automotive Repair, Minor , when conducted
exclusively in an enclosed building.
C.Automotive supportive sales and services
D.Small Brewer with Brewer Taproom
E.Microdistillery with Cocktail Room
F.Funeral Homes
G.Gymnasium
H.Retail sales and services
a.Properties with frontage along a principal arterial
street may utilize up to 100% of the building’s gross
floor area for retail sales and services.
b.Properties without frontage along a principal arterial
street may utilize up to 25% of the building’s gross floor
area for retail sales and services.
c.Automotive supportive sales are permitted on any
property in the FS district up to 100 percent of the
building’s gross floor area.
I.Manufacturing
J.Warehousing
K.Processing
L.Wholesaling
M.Distribution
N.Packaging
O.Assembly
P.Compounding
Q.Showrooms
R.Business and professional offices (up to 15% gross
floor area)
S.Public facilities and services
T.Transit facilities
U.Antennas and Towers
Parking Plan Requirements
a.The parking plan shall include:i.At least five (5) off-street parking stalls provided for each property.ii.A site plan showing all structures, parking stalls, drive aisles, and parking and structure setbacks.iii.Existing and proposed impervious surface coverage.iv.Parking lot calculations, including sizes of parking lot islands, percentage of property used for parking, etc. v.Snow storage areas and/or snow removal plan. vi.Stormwater management and water resources. vii.Garbage, recycling, and organics container locations. viii.A list of building uses/users and the area(s) they will occupy in square feet.ix.Operating hours of the uses/users, including peak demandx.Typical parking need of the uses/users based on performance at other locations, current site function, etc.xi.Traffic and parking data for the proposed use(s) on the site from ITE or other professional transportation organization or licensed engineer.xii.Any shared parking or cross-access easements or agreements recorded against the property. xiii.Other items as may be requested by City staff to provide a thorough review of the site.
Incentives
•Flexibility in Building materials
•Lot frontages on arterial streets,
meet Commercial standards
•Lot frontages on other streets,
meet Industrial standards
•All others, 60/40 Class I and II.
•Only adjusts building materials
percentages not architectural or
design requirements
Incentives
•Flexibility in signage:
•80 sq ft, Commercial uses allow 50 sq ft
•Wall signage allowed is same as Commercial
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
July 11, 2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/ Beth Novak-Krebs
ITEM DESCRIPTION:
Chapter 11 Code Amendments related to parking
ITEM NO.:
IX.B.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to
parking
Synopsis Implementation of Aspire 2040 recommends reviewing the zoning ordinance to ensure that all of the regulatory controls align with the Comprehensive Plan. Staff reviewed the parking requirements and
identified some necessary changes. The proposed amendments address parking requirements for
compact parking stalls, shared parking, banks, day care centers, retail and gymnasiums. The intention of these changes is to provide flexibility, streamline the process of allowing shared parking between 2 or more uses, provide requirements that best suit a particular use, scale parking to a particular use and reflect actual parking ratios and practices in the community.
Background and Recommendations A copy of the Planning Commission Staff Report is included with this memo. The staff report contains an attachment showing in red the items to be deleted and added to the parking code based on the following recommendations.
Compact Stalls Though requested by property owners, City Code does not allow the use of compact parking stalls. Staff has evaluated the use of compact parking stalls and has found that there are several benefits to allowing them, including flexibility in the design of parking lots, more parking in smaller spaces, and
more efficient use of space. Staff recommends amending the Code to allow up to 10% of required
parking for a property to be compact stalls. Shared Parking Shared parking is when two or more differing uses with substantially different hours of operation share
parking stalls. The City allows shared parking, but it is only allowed through a PUD. There are many
benefits to shared parking such as decreasing the total number of stalls required, more efficient use of land, creating more centralized parking, etc. In an effort to create a more streamlined process for utilizing shared parking for projects that do not require a PUD, staff is recommending the addition of language allowing shared parking as long as the applicant complies with all of the standards and
requirements set forth in the ordinance.
Parking Requirements by Use Table
The Parking Requirements by Use Table includes a list of uses, for which the City has parking
requirements, and the associated requirements for each use. The current table is organized by zoning district categories (e.g. RM-6.5 and RM-2.5; COMM, A-C; OFC, A-OFC). Most communities arrange parking requirements by use rather than by zoning district. Staff recommends deleting the existing table organized by zoning district and replacing it with the table organized by use categories (e.g.
Industrial, Recreational, Retail-Service and Commercial). The parking requirements, except for those
recommendations contained below, are not changing in the table, only the format. Bank Parking City Code currently requires parking for banks at 6 stalls per 1,000 sf of gross floor area (G.F.A.). The
use of online banking, direct deposit, and ATM’s has reduced the number of customers that visit a
bank. Staff is recommending a reduction in the requirement to 5 parking stalls per 1,000 sf of G.F.A. This reduction from the current requirement addresses changes in parking demand over time and considers the potential of a bank being repurposed, accommodating future uses. The recommendation is based on an effort to right size the parking and reduce nonconformities.
Day Care Center Parking City Code does not have a specific parking requirement for day care centers. Because the parking needs of a day care center are unique, staff recommends adding a parking requirement that best suits that use. Staff recommends 1 stall per employee on the largest work shift plus 1 stall per company
vehicle plus one stall for every 6 children the facility is licensed to care for. Based on the research of
other City Codes, this requirement is very clear, easy to understand and appropriate for the use. Retail/Shopping Center Parking The current parking requirement for retail stores and shops is 5 stalls per 1,000 sf of G.F.A. The
requirement applies to all commercial and retail uses no matter the size of the building. Staff’s research
on retail parking requirements indicates that there are some economies of scale when buildings reach about 30,000 square feet. This research prompted staff to recommend basing the parking requirements on the size of the building.
For retail buildings 30,000 square feet or less in size, staff is recommending a requirement of 5 stalls
per 1,000 sf of gross leasable space (G.L.S.) for retail uses. When there are other uses along with retail, parking would be based on the retail requirement plus parking based on the requirements for those specific uses.
For buildings of 30,001 – 200,000 square feet, staff is recommending a parking requirement of 4.5
stalls per 1,000 sf of G.L.A. Many of the existing commercial buildings in Eden Prairie that are between 30,001 – 200,000 square feet, have waivers allowing 4.5 parking stalls per 1,000 sf of G.L.A. The parking in these commercial areas seems to function without issues. Since this ratio provides adequate parking in many commercial areas of the City, staff is recommending a change to fit the
actual parking ratio in the community. Buildings in this size range often have many opportunities for
shared parking and provide for multiple shopping opportunities within walking distance of the parking. For buildings over 200,000 square feet in size, staff is recommending 4.25 stalls per 1,000 sf of G.L.A. These larger shopping centers have shared parking and provide for combining shopping trips.
Covered Parking
Current requirements for Nursing, Assisted Living, Memory Care, and Convalescent Care include a
requirement that one-half of all required parking be covered. Staff recommends removing this requirement, as the residents in these uses often don’t drive. In the event the use converts to other types of housing, covered parking would be required.
Gymnasium Parking
City Code currently requires parking for gymnasiums at 5 stalls per 1,000 sf of gross floor area G.F.A. Gymnasiums are recreation facilities with courts, turf fields, batting cages, gymnastic studios, etc. and having a wall height of not less than 20 feet.
In an effort to scale the parking requirement to better fit this specific use, staff researched how other
communities regulate parking for gymnasiums. Some communities require parking based on specific recreational facilities in the gymnasium (i.e. per volleyball court, per basketball court, per soccer field, per batting cage etc.). Other communities take a less detailed approach and require the parking per overall square footage of the facility (i.e. 3 stalls per 1,000 sf of G.F.A. or 3 stalls per seat of fixed
seating). Staff discussed both approaches. While the first approach provides requirements tailored to
each specific recreational facility in the gymnasium, it requires knowledge of each specific facility and service in the building, which can be problematic as the facilities and services change over time. The second approach is less prescriptive, the requirement is consistent with past practice, and invites less opportunity for interpretation. When a building use changes, parking requirements will be reanalyzed.
Staff recommends a requirement of 2.5 stalls per 1,000 sf of G.F.A. The recommendation is based on
an effort to right size the parking and reduce nonconformities for the existing gymnasiums. The proposed ordinance was shared with the Chamber of Commerce in early May.
Planning Commission Recommendation
The Planning Commission, on June 12, 2023 voted 7-0 to recommend approval of the changes proposed by staff, with minor changes added during the meeting.
Attachments 1. Ordinance 2. Staff Report dated 06/12/2023 3. Unapproved Planning Commission Minutes from 6/12/2023
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03 RELATING TO PARKING REQUIREMENTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, Item 1, is amended by
deleting the word “curb” and replacing it with the phrase “on-street parking”. Section 2. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, is amended by inserting the
following new Item 4 and renumbering the remaining items: 4. Compact Parking Stalls. Up to 10% of the required parking spaces in a parking lot, ramp,
or garage may be marked for compact cars and may be counted toward required parking counts, provided that the applicant meets the following requirements:
(a) All compact stalls must be a minimum of 8’ wide and 16’ in length for 90 degree stalls. For spaces that are not 90 degree, the most recent standards issued by the Institute of Transportation Engineers will be applied.
(b) Compact stalls must be identified.
(c) All required drive aisles must comply with City Code requirements.
Section 3. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, Item 5 (as renumbered by Section 2, above) is deleted in its entirety and replaced with the following: 5. Parking Requirement/Use (a) Parking requirements based on type of use are as listed in the following table. The requirements for any use not specifically mentioned shall be designated by the City
Manager.
LAND USE OFF-STREET PARKING SPACE REQUIREMENTS
RESIDENTIAL USES
Single-Family 2/D.U. minimum, 4/D.U. maximum
A minimum of 1 space must be enclosed, driveway parking acceptable
Multifamily
• Studio or Efficiency
Units
1/D.U.
Half of all spaces must be enclosed (rounded up)
• All Other Units 2/D.U.
Half of all spaces must be enclosed (rounded up)
• Independent Senior
Living
1/D.U., plus 0.5 per unit for guest parking
Half of all spaces must be enclosed (rounded up)
• Nursing Homes,
Assisted Living,
Memory Care, or
Convalescent Care
1 per 4 beds, plus 1 space for each employee on the largest shift
If independent living units are combined with any of these uses then ½
of the required parking stalls for the independent living units must be
enclosed
OFFICE USES
Office G.F.A. RATIO
1—60,000 sq. ft. 5.0/1,000 sq. ft.
60,001—70,000 sq. ft. 4.9/1,000 sq. ft.
70,001—80,000 sq. ft. 4.8/1,000 sq. ft.
80,001—90,000 sq. ft. 4.7/1,000 sq. ft.
90,001—100,000 sq. ft. 4.6/1,000 sq. ft.
100,001—150,000 sq. ft. 4.2/1,000 sq. ft.
150,001 PLUS sq. ft. 4.0/1,000 sq. ft.
RETAIL, SERVICE AND
COMMERCIAL USES
Service Stations 10+ spaces where cars are serviced
Motels, Hotels 1/guest room + 1/employee
Restaurant Type 1 1/2.5 seats based on seating capacity
Restaurant Type 2 1/3 seats based on seating capacity
Restaurant Type 3 1/2 seats based on seating capacity
Day Care Center 1 per employee on the largest work shift plus 1 per business vehicle
plus 1 per every 6 children the facility is licensed to care for
Banks 5/1,000 sq. ft. G.F.A.
Brewer Taproom, Cocktail
Room
1/60 sq. ft. G.F.A.
Small Brewer,
Microdistillery
1/1,000 sq. ft. G. F. A.
Retail 0-30,000 sq. ft. 5/1000 sq. ft.
30,001 – 200,000 sq. ft. 4.5/1,000 sq. ft.
Over 200,000 sq. ft. 4.25/1,000 sq. ft.
Shopping Center 4.25/1,000 sq. ft. G.F.A.
INDUSTRIAL USES
Manufacturing 3/1,000 sq. ft. G.F.A.
Warehouses 0.5/1,000 sq. ft. G.F.A.
PUBLIC AND SEMI-PUBLIC USES
Places of Worship 1/3 seats in largest assembly room
RECREATIONAL USES
Golf Course 72 spaces, plus 1/3 seats in any clubhouse restaurant
Gymnasium 1/3 seats with fixed seating or 2.5/1,000 sq. ft. G.F.A.
(b) For supporting minor commercial uses within office/industrial buildings providing a supplemental function to the major office and/or industrial use, the number of parking spaces for such uses shall not be less than the minimum required for such
uses as provided in the table above.
(c) Specific parking requirements for the Mixed Use District, Transit Oriented Development District, and Town Center District are located in Sections 11.24, 11.26, and 11.27, respectively, of Chapter 11.
Section 4. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, Item 6 (as renumbered), subparagrah (d) is amended by adding the following language after the word “serve” in the first sentence: “unless there is a shared parking agreement in place between two separate lots as provided in subparagraph 7(e) below.”
Section 5. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, Item 7 (as renumbered), subparagraph (d) is amended by adding the following new item v:
v. All proof of parking stalls are 9’ by 18’. Section 6. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, Item 7 (as renumbered) is amended by adding the following new subparagraph (e): (e) Shared Parking. Off-street parking facilities for two (2) or more uses with substantially different hours of operation may be provided in a shared facility. The off-street parking requirements for a development or redevelopment project may be reduced up to 20% if the following standards are met.
i. Parking spaces are shared between two or more complimentary uses.
ii. A shared parking plan must be submitted whenever shared parking is proposed that requires specific analysis on the peaking characteristics of the various and future uses included.
iii. The applicant demonstrates that, because of the hours, size, and operation of the respective and future uses, there is no substantial conflict in the peak parking demands of the uses for which shared use of off-street parking
facilities is proposed, and there will be an adequate amount of parking available to meet the needs for each use.
iv. A shared parking and cross access or similar agreement must be approved
by the City Planner and recorded against the applicable properties in the County Registrar of Titles’ or Recorder’s office with proof thereof
presented to the City. The City must be party to the agreement and no changes shall be made to the agreement unless all parties agree.
Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 11th day of July, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2023.
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2023.
STAFF REPORT
TO: Planning Commission FROM: Beth Novak- Krebs, Senior Planner
DATE: June 12, 2023 SUBJECT: Code Amendments – Parking Requirements
BACKGROUND
Staff is recommending amendments to City Code Chapter 11 to address parking requirements for compact parking stalls, shared parking, banks, day care centers, retail and gymnasiums. The intention of these changes is to provide flexibility, streamline the process of allowing shared parking between 2 or more uses, provide requirements that best suit a particular use, scale parking to a particular use and reflect actual parking ratios and practices in the community.
DISCUSSION For your reference, staff has attached a copy of Section 11.03 H. with the proposed amendments showing with deleted language in red strikethrough and new language in red underline. The redline version shows how the amendments fit into the overall code section.
Compact Parking Stalls Though requested by property owners, City Code does not allow the use of compact parking stalls. Staff has evaluated the use of compact parking stalls and has found that there are several benefits to allowing them, including flexibility in the design of parking lots, more parking in smaller spaces,
and more efficient use of space. Staff recommends amending the Code to allow a percentage of the required parking for a property to be compact stalls, (see lines 22 – 28 of the attachment):
Compact Parking Stalls. Up to 10% of the required parking spaces in a parking lot, ramp, or garage may be marked for compact cars and may be counted toward required parking counts,
provided that the applicant meets the following requirements:
(a) All compact stalls must be a minimum of 8’ wide and 16’ in length for 90 degree stalls. For
spaces that are not 90 degree, the most recent standards issued by the Institute of
Transportation Engineers will be applied.
(b) Compact stalls must be identified.
(c) All required drive aisles must comply with City Code requirements.
Parking Requirements for Specific Uses
Parking Requirements by Use Table The Parking Requirements by Use Table includes a list of uses, for which the City has parking requirements, and the associated requirements for each use. The current table is organized by zoning
Staff Report – Code Amendment – Parking Requirements
June 12, 2023 Page 2
2
district categories (e.g. RM-6.5 and RM-2.5; COMM,A-C; OFC, A-OFC). If a use is permitted in several zoning districts, then the parking requirement associated with that use must be listed under
each zoning district category. This can be confusing. Finding the parking requirement for a use requires the user to know the zoning of the property, which isn’t always known. Most communities arrange parking requirements by use rather than by zoning district. Staff recommends deleting the existing table organized by zoning district and replacing it with the table
organized by use categories (e.g. Industrial, Recreational, Retail-Service and Commercial). The proposed table is easier to understand and more user friendly (see new table on pages 4 and 5). Bank Parking City Code currently requires parking for banks at 6 stalls per 1,000 sf of gross floor area (G.F.A.).
The nature of banking has changed over the years. The use of online banking, direct deposit for payroll checks, and ATM’s has reduced the number of customers that visit a bank. Staff is recommending a reduction in the requirement to 5 parking stalls per 1,000 sf of G.F.A. Many other communities require 4 stalls per 1,000 sf of G.F.A. Although the recommended requirement is not as low as other communities, it allows some reduction from the current requirement, addresses a
change in parking demand over time and considers the potential of a bank being repurposed, accommodating future uses. The recommendation is based on an effort to right size the parking and reduce nonconformities. Day Care Center Parking
City Code does not have a specific parking requirement for day care centers. Because the parking needs of a day care center are unique, staff recommends adding a parking requirement that best suits that use. Staff recommends 1 stall per employee on the largest work shift plus 1 stall per company vehicle plus one stall for every 6 children the facility is licensed to care for. Based on the research of other City Codes, this requirement is very clear, easy to understand and fits this use.
Retail/Shopping Center Parking The current parking requirement for retail stores and shops is 5 stalls per 1,000 sf of G.F.A. The requirement applies to all commercial and retail uses no matter the size of the building. Staff’s research on retail parking requirements indicates that there are some economies of scale when
buildings reach about 30,000 square feet. This research prompted staff to recommend basing the parking requirements on the size of the building. For buildings 30,000 square feet or less in size, staff is recommending a requirement of 5 stalls per 1,000 sf of gross leasable space (G.L.S.) for retail uses. When there are other uses along with retail,
parking would be based on the retail requirement plus parking based on the requirements for those
specific uses.
Staff Report – Code Amendment – Parking Requirements
June 12, 2023 Page 3
3
For buildings of 30,001 – 200,000 square feet, staff is recommending a parking requirement of 4.5 stalls per 1,000 sf of G.L.A. Many of the existing commercial buildings in Eden Prairie that are
between 30,001 – 200,000 square feet, have waivers allowing 4.5 parking stalls per 1,000 sf of G.L.A. The parking in these commercial areas seems to function without issues. Since this ratio provides adequate parking in many commercial areas of the City, staff is recommending a change to fit the actual parking ratio in the community. Staff is recommending 4.5 stalls per 1,000 sf of G.L.A. Buildings in this size range often have many opportunities for shared parking and provide for
multiple shopping opportunities within walking distance of the parking. For buildings over 200,000 square feet in size, staff is recommending 4.25 stalls per 1,000 sf of G.L.A. These larger shopping centers have shared parking and provide for combining shopping trips.
Covered Parking Current requirements for Nursing, Assisted Living, Memory Care, and Convalescent Care include a requirement that one-half of all required parking be covered. Staff recommends removing this requirement, as the residents in these uses often don’t drive. In the event the use converts to other
types of housing, covered parking would be required. Gymnasium Parking City Code currently requires parking for gymnasiums at 5 stalls per 1,000 sf of gross floor area G.F.A. Gymnasiums are recreation facilities with courts, turf fields, batting cages, gymnastic studios,
etc. and having a wall height of not less than 20 feet. In an effort to scale the parking requirement to better fit this specific use, staff researched how other communities regulate parking for gymnasiums. Some communities require parking based on specific recreational facilities in the gymnasium (i.e. per volleyball court, per basketball court, per
soccer field, per batting cage etc.). Other communities take a less detailed approach and require the parking per overall square footage of the facility (i.e. 3 stalls per 1,000 sf of G.F.A. or 3 stalls per seat of fixed seating). Staff discussed both approaches. While the first approach provides requirements tailored to each specific recreational facility in the gymnasium, it requires knowledge of each specific facility and service in the building, which can be problematic as the facilities and
services change over time. While the second approach is less specific, the requirement is easy to understand and administer. Staff is recommending a requirement of 2.5 stalls per 1,000 sf of G.F.A. This recommendation is similar to the requirements imposed by other communities. The recommendation is based on an effort to right size the parking and reduce nonconformities for the existing gymnasiums.
Shared Parking Shared parking is when two or more differing uses with substantially different hours of operation
Staff Report – Code Amendment – Parking Requirements
June 12, 2023 Page 4
4
share parking stalls. The City allows shared parking, but it is only allowed through a PUD. There are many benefits to shared parking such as decreasing the total number of stalls required, more
efficient use of land, creating more centralized parking, etc. Staff is seeking to create a more streamlined process for utilizing shared parking for projects that do not require a PUD. Staff is recommending the addition of language allowing shared parking as long as the applicant complies with all of the standards and requirements set forth in the ordinance (see lines 102 – 119 of the attachment).
(e.) Shared Parking. Off-street parking facilities for 2 or more uses with substantially different hours of operation may be provided in a shared facility. The off-street parking requirements for a development or redevelopment project may be reduced up to 20% if the following standards can be met.
i. Parking spaces are shared between two or more complimentary uses. ii. A shared parking plan must be submitted whenever shared parking is proposed that requires specific analysis on the peaking characteristics of the
various and future uses included.
iii. The applicant demonstrates that, because of the hours, size, and operation of the respective and future uses, there is no substantial conflict in the peak parking demands of the uses for which shared use of off-
street parking facilities is proposed, and there will be an adequate amount
of parking available to meet the needs for each use.
iv. A shared parking and cross access or similar agreement must be approved by the City Planner and recorded against both properties in the County Registrar of Titles’ or Recorder’s office with proof thereof presented to the City. The
City shall be party to the agreement and no changes shall be made to the agreement unless all parties agree. STAFF RECOMMENDATION Staff recommends approval of the code amendments to parking requirements as represented in
the June 12, 2023 staff report.
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SECTION 11.03. ESTABLISHMENT OF DISTRICT, SPECIAL REQUIREMENTS AND PERFORMANCE 1
STANDARDS. 2
(Source: City Code, 9-17-1982) 3
H. Off-Street Parking Facilities. 4
1. The purposes of this Subparagraph are to: (a) prevent a shortage of curb on-street parking spaces 5
where allowed; and (b) provide a sufficient amount of off-street parking so as to utilize the streets for 6
their primary use - the safe and convenient movement of traffic. 7
2. Parking Spaces Defined. For purposes of this chapter, a parking space shall be defined according to the 8
following table of dimensions except that a parking space in a garage or carport shall not be less than 9
ten (10) feet wide and twenty (20) feet long. 10
3. Basic Requirements. 11
(a) Off-street parking facilities shall be provided at the time of initial occupancy or enlargement of a 12
structure as required by Item 4 of this Subparagraph. 13
(b) The City Manager shall determine the requirements for any use not specifically required by Item 14
4 of this Subparagraph. 15
(c) Fractional numbers of spaces as per Item 4 of this Subparagraph shall be adjusted to the next 16
higher number. 17
(Source: City Code, 9-17-1982) 18
(d) Dimensions of parking spaces. 19
Parking space and aisle width dimensions in
relation to degree of parking angle
PARKING ANGLE =
O
Deg.
20
Deg.
30
Deg.
40
Deg.
45
Deg.
50
Deg.
60
Deg.
70
Deg.
80
Deg.
90
Deg.
Parking space
width,
perpendicular
to angle
9' 9' 9' 9' 9' 9' 9' 9' 9' 9'
Parking space
dimension
perpendicular
to aisle
9' 14'6" 16'10" 18'8" 19'5" 20' 20'8" 20'9" 20'2" 18'
Parking space
dimension
parallel to
aisle
23' 24'8" 17' 13'2" 11'1" 9'10" 9' 9' 9' 9'
Aisle width 12' 11' 11' 12' 13'6" 16' 18'6" 19'6" 24' 24'
20
(Source: Ordinance No. 1-90, 2-1-1990; Ordinance No. 8-2021 , 7-13-2021) 21
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4. Compact Parking Stalls. Up to 10% of the required parking spaces in a parking lot, ramp, or garage may 22
be marked for compact cars and may be counted toward required parking counts, provided that the 23
applicant meets the following requirements: 24
(a) All compact stalls must be a minimum of 8’ wide and 16’ in length for 90 degree stalls. For spaces 25
that are not 90 degree, the most recent ITE standards will be applied as determined by the City. 26
(b) Compact stalls must be appropriately identified. 27
(c) All required drive aisles must comply with City Code requirements. 28
29
4. Parking Requirement/Use* 30
DISTRICT LAND USES OFF-STREET PARKING SPACE REQUIREMENTS
a. Rural Same as b. below
b. R1-44, R1-22, R1-13.5,
R1-9.5
(Source: Ordinance No. 72-
84, 4-5-1984)
2/D.U. 1 enclosed minimum
4/D.U. Maximum
Driveway Parking Acceptable
c. RM-6.5 and RM-2.5
Studio or Efficiency Units 1/D.U
Half of all spaces must be enclosed (rounded up)
All Other Units 2/D.U
Half of all spaces must be enclosed (rounded up)
Active or Independent Senior
Living
1/D.U., plus 0.5 per unit for guest parking
Half of all spaces must be enclosed (rounded up)
Nursing Homes, Assisted
Living, Memory Care, or
Convalescent Care
1/4 beds, plus 1 space for each employee on the largest shift
Half of all spaces must be enclosed (rounded up)
d. *OFC, A-OFC
(Source: Ordinance No. 9-
2014, 03-13-2014; Ordinance
No. 9-87; 5-7-1987)
G.F.A. RATIO
1—60,000 s.f. 5.0/1,000 sq. ft.
60,001—70,000 sq. ft. 4.9/1,000 sq. ft.
70,001—80,000 sq. ft. 4.8/1,000 sq. ft.
80,001—90,000 sq. ft. 4.7/1,000 sq. ft.
90,001—100,000 sq. ft. 4.6/1,000 sq. ft.
100,001—150,000 sq. ft. 4.2/1,000 sq. ft.
150,001 PLUS sq. ft. 4.0/1,000 sq. ft.
e. COMM, A-C
(Source: Ordinance No. 9-
2014; 03/13/2014)
Service Stations 10+ spaces where cars are serviced
Motels, Hotels 1/guest room + 1/employee
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Restaurant Type 1
Restaurant Type 2
Restaurant Type 3
(Source: Ordinance No. 22-
2007, 9-13-2007)
1/2.5 seats based on capacity
1/3 seats based on capacity
1/2 seats based on capacity
** Banks
(Source: Ordinance No. 9-87;
5-7-1987)
6.0/1,000 sq. ft. G.F.A.
Retail Stores and Shops
(Source: Ordinance No. 22-
2007; 9-13-2007
5/1,000 sq. ft. G.F.A.
Arenas, Theaters, Assembly
Halls
1/3 seats
Warehouses
(Source: Ordinance 9-87, 5-
7-1987)
1/2 - 1,000 G.F.A.
Brewer Taproom, Cocktail
Room
1/60 sq. ft. G.F.A.
Small Brewer, Microdistillery 1/1,000 sq. ft. G. F. A.
f. IND**
Manufacturing 3/1,000 sq. ft. G.F.A.
Warehouses 1/2 - 1,000 sq. ft. G.F.A.
Office 5/1,000 sq. ft. G.F.A.
Gymnasium 5/1,000 sq. ft. G.F.A.
Brewer Taproom, Cocktail
Room
1/60 sq. ft. G.F.A.
Small Brewer, Cocktail Room 1/1,000 sq. ft. G.F.A.
g. PUB
1/3 seats in largest assembly room Places of Worship
h. Golf Course 1/3 seats in the clubhouse plus 72 spaces
31
32
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33
5. Parking Requirements/Use 34
(a) Parking requirements based on type of use are listed in the following table. The requirements for 35
any use not specifically mentioned shall be designated by the City Manager. 36
37
OFF-STREET PARKING SPACE REQUIREMENTS
RESIDENTIAL USES
Single-family 2/D.U. minimum, 4/D.U. maximum,
A minimum of 1 space must be enclosed, driveway parking acceptable
Multifamily
• Studio or
Efficiency Units
1/D.U
Half of all spaces must be enclosed (rounded up)
1.• All Other Units 2/D.U
Half of all spaces must be enclosed (rounded up)
• Active or
Independent
Senior Living
1/D.U., plus 0.5 per unit for guest parking
Half of all spaces must be enclosed (rounded up)
2.• Nursing Homes,
Assisted Living,
Memory Care,
or Convalescent
Care
1/4 beds, plus 1 space for each employee on the largest shift
Half of all spaces must be enclosed (rounded up) If independent living units
are combined with any of these uses then ½ of the required parking stalls
for the independent living units shall be enclosed
OFFICE USES
Office G.F.A. RATIO
1—60,000 s.f. 5.0/1,000 sq. ft.
60,001—70,000 sq. ft. 4.9/1,000 sq. ft.
70,001—80,000 sq. ft. 4.8/1,000 sq. ft.
80,001—90,000 sq. ft. 4.7/1,000 sq. ft.
90,001—100,000 sq. ft. 4.6/1,000 sq. ft.
100,001—150,000 sq. ft. 4.2/1,000 sq. ft.
150,001 PLUS sq. ft. 4.0/1,000 sq. ft.
RETAIL, SERVICE AND COMMERCIAL USES
Service Stations 10+ spaces where cars are serviced
Motels, Hotels 1/guest room + 1/employee
Restaurant Type 1 1/2.5 seats based on seating capacity
Restaurant Type 2 1/3 seats based on seating capacity
Restaurant Type 3 1/2 seats based on seating capacity
Day Care Center 1 per employee on the largest work shift plus 1 per business vehicle plus 1
per every 6 kids the facility is licensed to care for
Banks 6/1,000 sq. ft. G.F.A. 5/1,000 sq. ft. G.F.A..
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Brewer Taproom,
Cocktail Room
1/60 sq. ft. G.F.A.
Small Brewer,
Microdistillery
1/1,000 sq. ft. G. F. A.
Retail
G.L.A. Ratio
0-30,000 sq ft 5/1,000 sq. ft.
30,001 – 200,000 sq ft 4.5/1,000 sq. ft.
Over 200,000 sq ft 4.25/1,000 sq. ft.
Shopping Center 4.50/1,000 sq.ft.
INDUSTRIAL USES
Manufacturing 3/1,000 sq. ft. G.F.A.
Warehouses 1/2 0.5 - 1,000 sq. ft. G.F.A.
PUBLIC AND SEMI-PUBLIC USES
Places of Worship 1/3 seats in largest assembly room
ASSEMBLY USES
Arenas, Theaters,
Assembly Halls
1/3 seats
RECREATIONAL USES
Golf Course 1/3 seats in the clubhouse plus 72 spaces
Gymnasium 5/1,000 sq. ft. G.F.A. 1/3 seats with fixed seating or 2.5/1,000 sq. ft. G.F.A.
38
(Source: Ordinance No. 16-82, 1-14-1983; City Code, 9-17-1982; Ordinance No. 2-2007, 1-23-2007; Ordinance No. 39
6-2018, 5-10-2018; Ordinance No. 8-2021 , 7-13-2021) 40
*The requirements for any use not specifically mentioned shall be designated by the City Manager. 41
(Source: City Code, 9-17-1982) 42
(b) For supporting minor commercial uses within office/industrial buildings providing a supplemental 43
function to the major office and/or industrial use, the number of parking spaces for such uses 44
shall be not less than the minimum required for such uses in any other District. 45
(Source: Ordinance No. 16-82, 1-14-1983) 46
(c ) Specific parking requirements for the Transit Oriented Development District are located in 47
Section 11.26 of Chapter 11 and for the Town Center District in Section 11.27 of Chapter 11. 48
(Source: Ordinance No. 25-2016, 10-27-2016) 49
65. Development and Maintenance of Parking Areas. 50
(a) Screening and Landscaping. Off-street parking areas containing more than five (5) stalls shall be 51
screened on each side adjoining a residential use or public street. 52
(b) Minimum Distance and Setback. Parking areas for five (5) vehicles or more shall be at least ten 53
(10) feet from any side or rear lot line and 5 feet from any building. Minimum Distance and 54
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Setbacks in the Park and Open Space District are exempt from these requirements. Parking lot 55
setback standards for the Park and Open Space District are set forth in Section 11.37. 56
(Source: Ordinance No. 17-2017, 9-28-2017) 57
(c) Parking areas, loading facilities and driveways surfaces. Parking areas, loading facilities and 58
driveways shall be surfaced with bituminous, concrete, pavers of brick, natural stone, or concrete 59
placed with gaps not exceeding one-quarter (¼) inch, turf block, or grasscrete, and graded to 60
dispose of or infiltrate all area surface water without damage to private or public properties, 61
streets, or alleys. The use of gravel, crushed rock, sand, or dirt is prohibited except when used as 62
gap material with pavers. 63
(Source: Ordinance No. 25-2016, 10-27-2016; Ordinance No. 16-2010, 11-25-2010) 64
(d) Location. Off-street parking facilities shall be on the same parcel of land as the structure they are 65
intended to serve unless there is a shared parking agreement in place between two separate 66
lots.. Space for the required facilities shall not occupy the required front yard or on a corner lot 67
more than one-half (½) of the required front yard closest to the street. 68
(Source: Ordinance No. 30-2016, 12-15-2016; Ordinance No. 72-84, 4-5-1984) 69
(e) Layout. Parking lots shall be designed to allow pedestrians to facilitate pedestrian movement 70
from their vehicles or from the public right-of-way to the building. Pedestrian 71
walkways/corridors/sidewalks shall be created at the perimeter of the parking lot and/or within 72
the parking lot to provide connection to the primary building and, when applicable, to adjacent 73
sites. Said sidewalks shall be a minimum of five (5) feet in width. These corridors can be 74
delineated by landscaping and parking lot islands, striping, and/or a paving material that differs 75
from that of vehicular areas. The corridors shall align with breaks in parking lot screening as 76
required in Section 11.03 Subdivision 3.G.5(q)(1). 77
(Source: Ordinance No. 30-2016, 12-15-2016) 78
76. Special Requirements. 79
(a) Each parking space shall have an unobstructed access from a street or aisle without moving 80
another vehicle. Exception is in an R1-44, R1-22, R1-13.5 and R1-9.5 District where parking in 81
driveways is permitted. 82
(b) Bumper rails and curbs shall be provided as determined by the City Manager. 83
(c) No servicing of vehicles shall take place in any off-street parking area. 84
(Source: City Code, 9-17-1982) 85
(d) The City may allow no more than fifteen percent (15%) of parking required pursuant to City Code 86
Section 11.03 to be constructed at a date subsequent to the time at which it would have 87
otherwise been required to be constructed under the City Code. The portion to be constructed as 88
a later date is referred to as "Proof of Parking". Proof of parking shall be allowed if: 89
i. Applicant demonstrates to the satisfaction of the City Planner that the proposed 90
development does not require the amount of parking required under City Code; 91
ii. Applicant identifies on the site and landscape plans the location(s) in which the Proof of 92
Parking can be built in the future; 93
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iii.Landscaping in excess of the minimum required and structures associated with landscaping 94
are allowed in the area identified for Proof of Parking, but no other structures shall be 95
allowed in the Proof of Parking area; and 96
iv.Applicant enters into a binding agreement recorded as a covenant against real property to97
construct at a later date all or a portion of the Proof of Parking spaces as required by notice98
in writing from the City Planner.99
v.All proof of parking stalls are 9’ by 18’.100
(Source: Ordinance No. 29-2016, 12-15-2016) 101
(e.) Shared Parking. Off-street parking facilities for 2 or more uses with substantially different hours 102
of operation may be provided in a shared facility. The off-street parking requirements for a 103
development or redevelopment project may be reduced up to 20% if the following standards can be 104
met. 105
i.Parking spaces are shared between two or more complimentary uses.106
107 ii.A shared parking plan must be submitted whenever shared parking is proposed that requires108
specific analysis on the peaking characteristics of the various and future uses included. 109
110 iii.The applicant demonstrates that, because of the hours, size, and operation of the respective111
and future uses, there is no substantial conflict in the peak parking demands of the uses for 112
which shared use of off-street parking facilities is proposed, and there will be an adequate 113
amount of parking available to meet the needs for each use. 114
115
iv.A shared parking and cross access or similar agreement must be approved by the City Planner116
117
118
and recorded against both properties in the County Registrar of Titles’ or Recorder’s office
with proof thereof presented to the City. The City shall be party to the agreement and no
changes shall be made to the agreement unless all parties agree. 119
120
87.Connecting Parking Areas with Streets.121
(a)Vehicular traffic generated by any use shall be channeled and controlled so as to avoid122
congestion and traffic hazards.123
(b)The adequacy of any proposed traffic pattern shall be determined by the City Manager. Traffic124
control measures such as warning signs, directional signs, turn lanes, channelization, illumination,125
etc., may be required.126
(c)All driveways abutting public streets shall be subject to the following regulations:127
Minimum distance between driveways - twenty (20) feet.128
Minimum driveway angle to street - thirty (30) degrees for one way streets and sixty (60) degrees for two way 129
streets. 130
Driveway widths at street curb are: 131
DRIVEWAY WIDTH MAXIMUM MINIMUM
One Way 20 feet 12 feet
Two Way 30 feet 24 feet
132
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Minimum Driveway Return Radius - six (6) feet 133
Minimum distances between the end of a driveway at the intersection of a right-of-way line and the property line 134
shall be ten (10) feet. 135
(Source: Ordinance No. 9-87, 5-7-1987) 136
(d) Parking areas, loading facilities and driveways shall be surfaced with bituminous; concrete; 137
pavers of brick, natural stone, or concrete placed with gaps not exceeding one-quarter ( 1/4/) 138
inch; turf block; or grasscrete; and graded to dispose of or infiltrate all area surface water 139
without damage to private or public properties, streets, or alleys. The use of gravel, crushed rock, 140
sand, or dirt is prohibited except when used as gap material with pavers. 141
(Source: Ordinance No. 25-2016, 10-27-2016; Ordinance No. 16-2010, 11-25-2010) 142
143
144
145
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JUNE 12, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER
Acting Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members Pieper and Sivilay were absent.
III. APPROVAL OF AGENDA
MOTION: Weber moved, seconded by Mette to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Kirk moved, seconded by Weber to approve the minutes of May 22, 2022.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. CODE AMENDMENT FOR A FLEX SERVICE ZONING DISTRICT
Request for:
• Amend City Code Chapter 11 relating to the creation of a Flex Service Zoning District
Barnhart presented the staff report. The Flex Service zoning district is intended to provide flexibility and incentives for redevelopment or reinvestment on the property without loss of existing rights and opportunities provided by current city code. Currently, all the parcels guided for Flex Service are zoned Industrial. All of
PLANNING COMMISSION MINUTES June 12, 2023
Page 2
the existing uses on these properties will be permitted uses in the Flex Service zoning district or have been approved though a Planned Unit Development.
There were two areas of focus, one north of Highways 212 and 5 and west of Mitchell, and the other near the intersection of Pioneer Trail and Pioneer Trail.
Other areas could be included in the future but these two were initially identified. This new zoning district provides flexibility in site design, uses, parking requirements, building materials, and signage when compared to existing zoning. Uses allowed in Flex Service would be those allowed in Industrial plus several
uses currently permitted in Commercial zoning districts, including major/minor auto repair, gymnasiums, manufacturing, warehouse and small brewers, and micro-distilleries and retail sales and services. The restriction of retail in Industrial zones is proposed to increase from 15 to 25
percent. Parcels adjacent to any principal arterial could go to 100 percent retail.
These were arteries with the highest amount of traffic. The new zoning district would allow for flexibility in parking in one of three ways: 1. by meeting the published standard, 2. obtain a PUD waiver or 3. prepare
a parking plan for Council approval. The draft includes several parameters within
which a parking plan would be evaluated. Building materials in the new district would have the following standards: Lot frontages on arterial streets would meet Commercial standards;
Lot frontages on other streets would meet Industrial standards;
All others would have a proportion 60/40 of Class I and Class II materials. This only adjusts building materials, and no changes to roof or plane articulation are suggested.
Signage flexibility would follow industrial standards and wall signage allowed would be the same as Commercial. Barnhart explained this Flexible Service zoning district had been generally
presented to the Chamber of Commerce in early May, and no comments have
been received. Grote asked for and received clarification that restaurants were classified as retail. Mette asked if there was a parking mechanism in place to trigger the City to
reexamine a parking proposal. Barnhart replied there were frequent use changes, and staff would apply zoning and land use process, then go through the administrative process or a Planning Commission review. Mette noted commercial kennels/dog daycare were not allowed as the district was presently defined and asked for background. She recommended these be allowed in Flex
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Service. Barnhart said creating the district was a balance, and this could be looked at in the future, but more jobs-related criteria had been used.
Mette objected to the retail restriction suggesting those be allowed a minimum of 25 percent instead. She found a blurry line between a gymnasium and other athletic uses (such as fitness centers, new pickleball facilities, CrossFit gyms, martial area, spin studios, parkour places, rock climbing and dance studios) and
suggested many of these belonged in this zoning district as well. Barnhart noted “gymnasiums” in the district would require a building wall 20 feet high or higher, with anything under in height considered retail. Farr proposed a text change on page two, line 55 to require a condition to also
include the redevelopment if it was also in the Pioneer Trail study. Barnhart suggested the language be amended to reference “any special area studies applicable”. Farr suggested another change on page 4, line 112, Item B with stated that a sidewalk be provided that would connects the principal front door be changed to “each front door” of the principal building. Barnhart agreed.
MOTION: Weber moved, seconded by Kirk to close the public hearing. Motion carried 7-0. Farr commended the proposed new zoning district. Grote asked how broad the 40
foot high restriction was. Barnhart replied he did not know exactly but this was consistent across most of the city, and staff could look at it. He did not suggest a change for the Flex Service which would increase the height, as this was more appropriate for the Commercial zoned areas. Developments near the Flying Cloud airport are also under a height restriction.
Kirk echoed Farr’s comments, stating this was a reasonable approach to dealing with “interesting” areas of the City. He also agreed with Mette’s suggestion of including dance studios and martial arts facilities, et cetera. Farr suggested this could be taken up later in the Zoning Ordinance Definitions discussion. Mette
agreed, and added a retail exception might allow some of her suggested businesses. Discussion followed on motion language. MOTION: Kirk moved, seconded by Grote to approve an Ordinance amending City Code Chapter 11 creating a Flex Service Zoning District as represented in
the June 12, 2023 staff report, including appropriate wording comments made at the meeting. Motion carried 7-0. B. CODE AMENDMENT FOR PARKING REGULATIONS
Request for:
• Amend City Code Chapter 11 relating to Parking regulations
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Barnhart presented the staff report. This amendment included a reorganization of regulations for clarity, while also providing flexibility for compact cars, revise the
process for shared parking, adjust parking requirements for certain uses (banks, gymnasiums, nursing homes, large shopping centers) and define parking standards for others (day care centers). Recognizing that the provision of parking can be a major expense for businesses,
there is a desire to not require excessive parking. The draft proposes up to 10 percent of required parking would be marked for compact cars and may be counted toward required parking, provided that the applicant met the following standards: All stalls had to be a minimum of 8 feet wide and 16 feet long for 90 degree stalls,
and the most recent ITE standards for others had to be followed for parking angled differently than 90 degrees. Shared parking would be allowed, especially off-street parking in a shared facility for two or more uses with substantially different hours of operation.
Requirements for a development or redevelopment project might be reduced up to 20 percent if the following standards were met: Shared between 2 or more complimentary uses; A shared parking plan; Applicant demonstrates no substantial conflict in the peak parking demands of the uses and adequate amount of parking to meet the needs. This parking plan would be
approved by the city. The draft reduces parking for banks reducing it from 6/1000 sf of gross floor area to 5/1000. Day care has no specific requirement currently, but staff recommends one stall
per employee on largest work shift plus one per business vehicle plus one per every six children. Gymnasiums would move from 5/1000 sf of gross floor area to 2.5/1000. There was a wide variation in other cities on this, and we are not increasing the non-conforming status of current uses.
Standards were also set for retail and shopping centers, and nursery/assisted living. Staff recommended approval. Grote asked for and received confirmation state and federal ADA requirements would apply. He asked if electric vehicles were included in the change. Barnhart
replied they were not included as this will continue to be worked out on a case-by-case basis, but he could envision required EV parking in the future. Mette asked for and received clarification that apartment with retail below did not
require a separate agreement as it would be memorialized in the development
agreement. Mette made a text change to recorded against “any applicable properties” instead of “against both properties” on line 116 [no page given]. She also corrected a typo on the table for shopping centers from 4.24/1000 to
PLANNING COMMISSION MINUTES June 12, 2023
Page 5
4.25/1000. She asked for and received clarification of the definition of a shopping center as being over 200,000 square feet, which she wanted included in the
Ordinance. Barnhart noted that the definition of shopping center was included in the Mixed Use Zoning District text. Farr expressed approval of the parking reduction for banks and stated he would have gone down to 4/1000. He commended the covered parking requirement
change and accommodations for compact parking stalls and urged their convenient location. He added gymnasium parking was so variable that this change would be a wonderful opportunity for shared use. Discussion followed on including a parking provision for gymnasiums. Barnhart stated he would rather look into the potential for the Flex Service model for gymnasiums and other
similar uses before implementing it here. Farr asked at what point did Eden Prairie suggest a traffic study to supplement an applicant’s parking data. He feared seeing parking on the street after an application was approved. Barnhart replied every project required some level of
traffic analysis, and parking expectations were weighed against this in the site design as part of the application process. Grote noted the golf course was the only outdoor activity mentioned, which allowed 72 spaces. He noted an outdoor facility such as a football or baseball
stadium would require more parking. Barnhart stated there was the golf course use requirement plus any spaces required of the clubhouse. Mette stated the Code established a minimum, and the commission could not require an applicant to exceed it. The parking plan was to ask for relief, so there
was a potential issue of a higher use than what the applicant indicated. Farr agreed, but stated he was satisfied with staff’s response of potential problems being caught via administrative process. MOTION: Weber moved, seconded by Taylor to close the public hearing. Motion carried 7-0. Farr agreed with staff’s recommendations for the parking requirements. Kirk stated this appeared to be a very reasonable proposal, echoing Weber’s lament years ago regarding “acres and acres of asphalt.” Grote stated he was concerned
about the golf courses and suggested a metric of 1.25 times the 72 as a buffer for those warming up and/or lined up to play. Barnhart offered to do some analysis of the golf course parking minimum and bring the data to the commission.
MOTION: Grote moved, seconded by Taylor to approve the Code Amendment
Chapter 11 relating to parking regulations as represented in the June 12, 2023 staff report with the modifications to line 116 to say, “against any applicable
PLANNING COMMISSION MINUTES June 12, 2023
Page 6
properties” and the correction of the shopping center parking table proportion to 4.25. Motion carried 7-0.
PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Kirk to adjourn. Motion carried 8-0. The meeting was adjourned at 8:08 p.m.
PROPOSED PARKING ORDINANCE AMENDMENTS
CITY COUNCIL MEETING
JULY 11, 2023
•Reorganize regulations for clarity
•Provide flexibility for compact cars
•Revise process for shared parking
•Adjust parking requirements for certain use:
•(Banks, gymnasiums, nursing homes, large shopping
centers) and
•Define parking standards for others:
•(day care centers)
Goals and Objectives of Amendment
PROPOSED AMENDMENTS
Compact Parking Stalls. Up to 10% of the required parking
spaces in a parking lot, ramp, or garage may be marked for
compact cars and may be counted toward required parking
counts, provided that the applicant meets the following
requirements:
(a) All compact stalls must be a minimum of 8’ wide and 16’ in
length for 90 degree stalls. For spaces that are not 90
degree, the most recent ITE standards will be applied as
determined by the City.
(b)Compact stalls must be appropriately
identified.
(c) All required drive aisles must comply with
City Code requirements.
PROPOSED AMENDMENTS
Shared Parking .Off-street parking facilities for 2 or more uses
with substantially different hours of operation may be provided
in a shared facility. The off-street parking requirements for a
development or redevelopment project may be reduced up to
20% if the following standards can be met.
•Shared between two or more complimentary uses.
•Shared parking plan
•Applicant demonstrates no substantial conflict in the peak parking demands of
the uses and adequate amount of parking to meet the needs for each use.
•Any shared parking/ cross access/ or similar agreement shall be filed as a deed
restriction on both properties.
PROPOSED AMENDMENTS
Banks –Current requirement 6/1,000 sf of gross floor area
Recommending 5/1,000 sf of gross floor area
Allows reduced requirement but anticipates need for future reuse
Day Care –Currently no specific requirement in Code
Centers Recommending 1 per employee on the largest work shift plus 1
per business vehicle plus 1 per every 6 kids the facility is
licensed to care for
Addresses a very specific type of use
Gymnasium–Current requirement 5/1,000 sf of gross floor area
Recommending 2.5 stalls per 1,000 sf of gross floor area
Right sizing the parking and reducing nonconformities for
existing gymnasiums
PROPOSED AMENDMENTS
•Commercial/Retail-Current requirement 5/1,000 sf gross floor area
Retail G.L.A.Ratio
0-30,000 sq ft Required spaces shall be determined using individual
tenant use as outlined in Section 11.03 Subd. 3. H. 4. E.
Carry out and delivery-based restaurants that do not
offer dine-in seating may be considered general retail as
opposed to restaurant for parking calculations.
30,001 –200,000 sq ft 4.5/1,000
Shopping
Center
Over 200,000 sq ft 4.25/1,000
QUESTIONS
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
July 11, 2023
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 300887 - 301627
Wire Transfers 1033672 - 1033857 Wire Transfers 9606 - 9663
Purchasing Card 9663
City of Eden Prairie
Council Check Summary
7/11/2023
Division Amount Division Amount
000 General 1,500 304 Senior Board 368
100 City Manager 30,125 306 Federal Forfeiture Drugs 5,978
101 Legislative 2,174 308 E-911 299
102 Legal Counsel 167,169 315 Economic Development 80,049
110 City Clerk 1,503 502 Park Development 2,729
111 Customer Service 6,504 509 CIP Fund 812,282
112 Human Resources 1,385 512 CIP Trails 97
113 Communications 15,609 513 CIP Pavement Management 454
114 Benefits & Training 14,036 522 Improvement Projects 2006 4,038
130 Assessing 2,603 526 Transportation Fund 2,902
131 Finance 6,981 528 Shady Oak Rd-CR 61 North 1,362
132 Housing and Community Services 172 539 2020 Improvement Projects 193,394
136 Public Safety Communications 3,296 540 Duck Lake Rd. Reconstruction 574
137 Economic Development 691 542 Willow Creek Street/Utilities 8,785
138 Community Development Admin.710 543 Police Remodel 2,126
150 Park Administration 1,920 Total Capital Projects Fund 1,115,435
151 Park Maintenance 116,516
153 Organized Athletics 721 601 Prairie Village Liquor 238,715
154 Community Center 115,762 602 Den Road Liquor 450,732
155 Beaches 1,227 603 Prairie View Liquor 277,479
156 Youth Programs 18,885 605 Den Road Building 3,834
157 Special Events 13,870 701 Water Enterprise Fund 855,423
158 Senior Center 3,049 702 Wastewater Enterprise Fund 393,803
159 Recreation Administration 6,015 703 Stormwater Enterprise Fund 77,325
160 Therapeutic Recreation 1,148 Total Enterprise Fund 2,297,310
162 Arts 13,791
163 Outdoor Center 1,804 802 494 Commuter Services 63,875
168 Arts Center 5,267 804 100 Year History 4,041
180 Police Sworn 43,427 806 SAC Agency Fund 27,335
184 Fire 35,276 807 Benefits Fund 1,575,244
186 Inspections 5,244 809 Investment Fund 5,340
200 Engineering 25,714 811 Property Insurance 6,726
201 Street Maintenance 318,375 812 Fleet Internal Service 144,793
202 Street Lighting 100,973 813 IT Internal Service 55,801
Total General Fund 1,083,445 814 Facilities Capital ISF 67,208
815 Facilites Operating ISF 51,997
301 CDBG 24,942 816 Facilites City Center ISF 51,538
303 Cemetary Operation 4,181 817 Facilites Comm. Center ISF 121,439
312 Recycle Rebate 3,040 818 Dental Insurance 20,212
Total Special Revenue Fund 32,163 820 Fencing Consortium 1,915
Total Internal Svc/Agency Funds 2,197,464
437 G.O. Perm. Improv. 2010A 1,190
440 GO Perm Impr Ref Bonds 2011D 2,261 Report Total 6,744,878
441 2012A G.O. Refunding Bonds 11,348
442 2012B G.O. Refund Capital Imp 4,263
Total Debt Fund 19,061
City of Eden PrairieCouncil Check Register by GL7/11/2023Check # Amount Supplier / Explanation Account Description Business Unit Comments300961 383,985 AMERICAN LIBERTY CONSTRUCTION, INC Improvement Contracts Water Enterprise Fund Well House 17 construction301192 372,974 PARKOS CONSTRUCTION COMPANY Building Repair & Maint. Capital Maint. & Reinvestment Round Lk Park Bldg reconstruction301181 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee July 20239621 317,228 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 06.02.239606 312,357 HEALTHPARTNERS Health Insurance-HRA Health and Benefits June 2023 Premiums9634 312,193 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 06.16.239619 215,752 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.19.239632 214,172 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 06.02.231033857 189,371 XCEL ENERGY Electric Various Funds Multi location electric301025 187,647 PARKOS CONSTRUCTION COMPANY Building Repair & Maint. Capital Maint. & Reinvestment Round Lk Park Bldg reconstruction1033754 174,634 TOWMASTER INC Autos Capital Maint. & Reinvestment Upfitting for CIP Truck 1721033724 168,970 CURB MASTERS INC Asphalt Overlay Street Maintenance 2023 Curb and Gutter Replacement301175 136,641 LMCIT Legal Legal Council Prochaska and Spring Valley301572 132,785 NEW LOOK CONTRACTING INC Improvement Contracts 2020 Improvement Projects Prairie Center Dr and Singletree Ln 9629 132,403 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax May 2023301353 102,816 SIR LINES-A-LOT Contracted Striping Various Funds 2023 EP Striping phase 11033757 93,931 XCEL ENERGY Electric Various Funds301002 78,328 LIFE FITNESS Capital Under $25,000 Fitness Center9663 71,184 USB-PURCHASING CARD Various Various Funds1033803 58,831 SRF CONSULTING GROUP INC Design & Engineering 2020 Improvement Projects301020 57,840 NAC Other Contracted Services Facilities Capital9624 55,690 U S BANK Principal Water Capital301187 52,219 NATIONAL AUTO FLEET GROUP Autos Fleet - Public Works301211 37,000 STEELE INDUSTRIES Other Assets Capital Maint. & Reinvestment1033795 35,997 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council9622 35,392 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits300925 35,050 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store301150 33,464 EXCEL LAWN & LANDSCAPE Contract Svcs - Asphalt/Concr. Fire Station #39636 33,058 EMPOWER Deferred Compensation Health and Benefits9623 32,541 EMPOWER Deferred Compensation Health and Benefits301162 30,809 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment301587 29,295 RYAN COMPANIES US INC Deposits Economic Development Fund1033839 27,675 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs301012 27,062 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund1033696 26,630 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store301499 26,533 GRAYMONT Treatment Chemicals Water Treatment301154 26,523 GRAYMONT Treatment Chemicals Water Treatment301317 26,373 GRAYMONT Treatment Chemicals Water Treatment300915 25,833 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301090 24,140 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store301544 23,667 MANSFIELD OIL COMPANYMotor FuelsFleet Operating9611 22,281 NCR PAYMENT SOLUTIONS,PA, LLCBank and Service Charges Prairie View Liquor Store301248 22,217 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store9628 21,053 MINNESOTA DEPT OF REVENUESales Tax PayableVarious Funds9635 20,528 ICMA RETIREMENT TRUST-457Deferred Compensation Health and Benefits301617 20,492 WATERFRONT RESTORATION LLCOther Contracted Services Stormwater Non-Capital300949 20,093 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store301216 19,882 TRAFFIC CONTROL CORPORATIONImprovement Contracts 2020 Improvement Projects9625 19,061 U S BANKInterest2012B/20A GO Refund Capital301185 18,855 MOST DEPENDABLE FOUNTAINSRepair & Maint. Supplies Capital Outlay Parks301397 18,783 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store300940 18,701 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store301362 18,094 VIDEOTRONIX INCBuilding Repair & Maint. Capital Maint. & Reinvestment9642 17,432 WEXHSA - EmployeeHealth and Benefits301404 17,272 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store301084 17,152 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store300916 16,755 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store301396 16,490 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store301318 16,342 GRI EDEN PRAIRIE, LLCOther Contracted Services Prairie Village Liquor Store301346 16,187 PRAIRIEVIEW RETAIL LLCOther Contracted Services Prairie View Liquor Store301197 15,933 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERAHealth and Benefits300999 15,485 KILLMER ELECTRIC CO INCEquipment Repair & Maint Water Supply (Wells)300898 15,249 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store300970 15,201 BOLTON & MENK INCDesign & Engineering Water Capital301133 15,000 BURNET TITLEAccounts ReceivableTIF-Eden Shores Senior Housing301110 14,689 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store301095 14,617 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store301006 14,601 MANSFIELD OIL COMPANYMotor FuelsFleet Operating1033835 14,525 BIFFS INCWaste DisposalStreet Maintenance1033845 13,920 HAWKINS INCTreatment ChemicalsWater Treatment301420 13,677 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store301257 13,665 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store301550 13,560 METERING & TECHNOLOGY SOLUTIONSCapital Under $25,000 Water Capital301203 13,500 SIGHT AND SURF LLCOther Contracted Services Community Center Admin9626 13,296 I-494 CORRIDOR COMMISSIONWages and Benefits494 Corridor Commission9662 13,294 I-494 CORRIDOR COMMISSIONWages and Benefits494 Corridor Commission301180 13,240 METERING & TECHNOLOGY SOLUTIONSCapital Under $25,000 Water Capital301375 12,669 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store301056 12,530 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store301299 12,530 CATALYST GRAPHICS INCPrintingRecycle Rebate301204 12,500 SOJOURNER PROJECT INC.Other Contracted Services Police Sworn301421 12,481 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301066 12,037 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store301320 11,720 HIPERLINEEquipment Repair & Maint Stormwater Collection300930 11,675 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store1033746 11,450 HAWKINS INCTreatment ChemicalsWater Treatment301103 11,327 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store300928 11,129 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store301363 10,995 VIGILANT SOLUTIONS LLCHardware - R&MIT Capital301413 10,918 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store9616 10,825 CARD CONNECTBank and Service Charges Community Center Admin1033730 10,586 MINNESOTA NATIVE LANDSCAPESOther Contracted Services Park Maintenance1033844 10,561 HANSEN THORP PELLINEN OLSONOther Contracted Services Water Enterprise Fund301472 10,425 DG MINNESOTA CS 2021 LLCElectricFacilities Operating ISF301340 10,312 MINNESOTA LIFE INSURANCE COMPANYLife Insurance EE/ERHealth and Benefits301558 10,285 MINNESOTA LIFE INSURANCE COMPANYLife Insurance EE/ERHealth and Benefits301196 10,180 PREMIER LAKE HARVESTING LLCOther Contracted Services Park Maintenance301265 10,104 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store301222 10,089 VERIZON WIRELESSCell/Pager PlansVarious Funds301310 9,949 DUNSMORE ASPHALT INCAsphalt OverlayWater Distribution301205 9,782 SSI KEF SLB LLCElectricCity Center - CAM301336 9,750 MARTIN-MCALLISTEREmployment Support Test Organizational Services300904 9,614 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store301161 9,604 HORNAMAN AND SONS CONCRETE LLCAccounts ReceivableTIF-Eden Shores Senior Housing301603 9,508 SUPERIOR FENCE AND RAIL OF ST PAULOther Contracted Services Capital Maint. & Reinvestment1033742 9,309 ELECTRIC PUMPEquipment Repair & Maint Wastewater Lift Station1033829 9,300 MINNESOTA NATIVE LANDSCAPESOther Contracted Services Park Maintenance301350 9,180 RAY N WELTER HEATINGOther Contracted Services Rehab301031 9,140 REHRIG PACIFIC COMPANYOperating SuppliesCapital Outlay Parks301132 9,001 BADGER METERTelephoneWater Metering301324 9,000 IRON MALTESE ATHLETICSHealth & FitnessFire9631 8,543 U.S. BANK - I-494 PURCH. CARDMarketing494 Corridor Commission301427 8,534 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store301231 8,462 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store301582 8,108 QUETICA LLCOther Contracted Services Facilities Capital300951 8,000 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store9610 7,746 HEALTHPARTNERSDental InsuranceDental Insurance301337 7,670 METERING & TECHNOLOGY SOLUTIONSCapital Under $25,000 Water Capital301213 7,666 SUPERIOR STRIPING INCContract Svcs - Asphalt/Concr. General Community Center301105 7,399 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store301075 7,386 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store301448 7,340 AURORA ASPHALT & CONCRETEOther Contracted Services Rehab301319 7,279 HINTERLAND CSG LLCElectricFacilities Operating ISF301433 7,246 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store9609 7,135 BPASHRAHealth and Benefits
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301236 7,066 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store301382 7,021 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store301086 7,003 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store301286 6,991 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store1033692 6,963 SITEONE LANDSCAPE SUPPLY, LLCRepair & Maint. Supplies Park Maintenance300954 6,871 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store9614 6,819 CHASEBank and Service Charges Water Accounting300996 6,728 GRAYMONTTreatment ChemicalsWater Treatment301354 6,634 SOBANIA COMMUNITY SOLARElectricFacilities Operating ISF301303 6,556 CITY OF EDEN PRAIRIEAccounting Fee494 Corridor Commission301584 6,500 RIGHTLINE DESIGN LLCOther Contracted Services Communications301207 6,340 SSI KEF SLB LLCElectricWater Treatment301589 6,335 SAMBATEK INCImprovement Contracts Water Capital301281 6,188 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store300917 6,185 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store1033791 6,067 CENTERPOINT ENERGYGasVarious Funds301578 6,000 PITNEY BOWES BANK INC RESERVE ACCOUNT PostageCustomer Service301600 5,973 STATE OF MINNESOTAAutosFleet - Public Works9655 5,959 HEALTHPARTNERSDental InsuranceDental Insurance1033837 5,938 CENTERPOINT ENERGYGasVarious Funds300901 5,922 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store301116 5,913 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store300974 5,882 CERTAPRO PAINTERS SW METROOther Contracted Services Round Lake300968 5,850 BERGANKDV LTDAudit & FinancialFinance301017 5,850 MN BOARD OF FIREFIGHTER TRG & ED / DPS TrainingFire301042 5,750 TC METRO PAINTING LLCOther Contracted Services Rehab301141 5,702 CRANE ENGINEERING INCRepair & Maint. Supplies Water Treatment300891 5,610 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store301104 5,589 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store301208 5,550 STANTEC CONSULTING SERVICES INCOCS - StudiesStormwater Non-Capital301398 5,355 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store301194 5,340 PFM ASSET MANAGEMENT LLCInterestInvestment Fund1033800 5,310 PIONEER MANUFACTURING COMPANYOperating SuppliesPark Maintenance301409 5,199 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store301331 5,157 LLOYDS CONSTRUCTIONSweepingStormwater Non-Capital301533 5,128 LEGACY GYMNASTICSProgram FeeLesson Skills Development301273 5,068 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store301082 5,027 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store1033846 5,019 HORIZON COMMERCIAL POOL SUPPLYSupplies - PoolPool Maintenance301495 5,000 FREE AND EASY BANDOther Contracted Services July 4th Celebration301314 4,983 FIRE SAFETY USA INCEquipment Testing/Cert. Fire301611 4,956 UNITED SYSTEMS & SOFTWARE INCCapital Under $25,000 Water Metering300972 4,897 BRYAN ROCK PRODUCTS INCGravelWater Distribution
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301085 4,862 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store9643 4,580 HEALTHPARTNERSDental InsuranceDental Insurance300892 4,539 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store1033699 4,537 HAWKINS INCTreatment ChemicalsWater Treatment301333 4,529 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits301543 4,504 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits301044 4,426 TRITECH SOFTWARE SYSTEMSSoftware Maintenance IT Operating301249 4,401 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store301536 4,320 LLOYDS CONSTRUCTIONSweepingStormwater Non-Capital301000 4,320 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues WithheldHealth and Benefits301374 4,252 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store300941 4,207 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store301226 4,184 WM CORPORATE SERVICES INCWaste DisposalFire Station #31033680 4,161 BRAUN INTERTEC CORPORATIONOther Contracted Services Capital Maint. & Reinvestment301321 4,134 HP INCCapital Under $25,000 Police Sworn301156 4,104 HEALTHPARTNERSWages and Benefits494 Corridor Commission301126 4,046 ALTERNATIVE BUSINESS FURNITURE INCContract Svcs - General Bldg City Hall (City Cost)1033737 4,038 WSB & ASSOCIATES INCOther Contracted Services Historical Culture301172 4,021 LEAGUE MN CITIES INS TRUSTInsuranceProperty Insurance301059 4,005 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store301262 4,004 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store301015 3,980 MINNESOTA VALLEY ELECTRIC COOPERATIVE ElectricStreet Lighting301164 3,954 IMPACT PROVEN SOLUTIONSOther Contracted Services Wastewater Accounting1033676 3,934 WINE COMPANY, THELiquor Product Received Den Road Liquor Store301329 3,818 LEAGUE MN CITIES INS TRUSTProperty Insurance494 Corridor Commission1033695 3,784 CENTERPOINT ENERGYGasVarious Funds301049 3,782 VIDEOTRONIX INCEquipment Repair & Maint Capital Maint. & Reinvestment1033697 3,780 ETHANOL PRODUCTS LLCTreatment ChemicalsWater Treatment301240 3,774 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store300994 3,766 GERTENSLandscape Materials/Supp Street Maintenance1033798 3,750 METRO SALES INCORPORATED*Equipment RentalsIT Operating301220 3,739 VAN PAPER COMPANYCleaning SuppliesGeneral Community Center301101 3,721 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store1033856 3,686 WM MUELLER AND SONS INCGravelStormwater Collection301394 3,654 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store301275 3,624 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store1033848 3,615 METRO SALES INCORPORATED*Equipment RentalsIT Operating301250 3,575 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store301573 3,550 NORTHSTAR MUDJACKING & MORE LLCOther Contracted Services Park Maintenance301092 3,502 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store300922 3,481 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store301053 3,471 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store301171 3,470 LAKETOWN BUILDERSWAC - WaterWater Capital
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301376 3,454 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store301601 3,434 STATE OF MINNESOTAAutosFleet - Public Works301325 3,420 ISGOther Contracted Services Planning & Development301387 3,412 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store300896 3,375 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store301335 3,370 MARTIN MARIETTA MATERIALSAsphalt OverlayStreet Maintenance301123 3,335 ADAM BETTCHER PHOTOGRAPHYOther Contracted Services Police Sworn300987 3,229 DREAMSEATS LLCOperating SuppliesFire301296 3,219 AVR INCAsphalt OverlayStreet Maintenance301570 3,207 NATIVE RESOURCE PRESERVATIONOther Contracted Services Park Maintenance1033684 3,128 HACH COMPANYLaboratory Chemicals Water Treatment301033 3,091 SOLUTION BUILDERSComputers494 Corridor Commission301588 3,066 SAMBATEK INCDesign & Engineering Wastewater Capital1033801 3,045 REINDERS INCLandscape Materials/Supp Miller Park301540 3,028 LUBE-TECH ESILubricants & Additives Fleet Operating301274 3,005 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store301003 3,000 LOCAL 49 TRAINING CENTERConference/TrainingUtility Operations - General301201 3,000 SHIRAZI ELHAMConference/Prof. Dev. 494 Corridor Commission301332 3,000 LUBE-TECH ESIMachinery & Equipment Capital Maint. & Reinvestment301478 3,000 EJK MUSIC LLCOther Contracted Services July 4th Celebration1033853 3,000 ST CROIX ENVIRONMENTAL INCOCS-Well Field Mgmt Water Supply (Wells)301094 2,974 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store301368 2,961 XIGENT SOLUTIONS LLCHardware - R&MIT Capital300942 2,943 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store301032 2,900 SAMBATEK INCImprovement Contracts Water Capital9656 2,826 BPASHRAHealth and Benefits301179 2,824 MARTIN MARIETTA MATERIALSWaste Blacktop/Concrete Wasterwater Collection301298 2,822 BOLANDER & SONSOutside Water SalesWater Enterprise Fund1033854 2,800 TWIN CITY HARDWAREContract Svcs - General Bldg Fitness/Conference - Cmty Ctr301170 2,790 KREMER SERVICES LLCEquipment Repair & Maint Fleet Operating300966 2,750 AVR INCAsphalt OverlayStreet Maintenance1033701 2,720 IDEXX DISTRIBUTION CORPLaboratory Chemicals Water Treatment301152 2,719 FIRE SAFETY USA INCEquipment Repair & Maint Fleet Operating301443 2,712 ANDERSON VIVAOperating SuppliesSummer Theatre300893 2,708 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store301300 2,704 CENTERPOINT ENERGYInsuranceProperty Insurance301112 2,669 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store301348 2,656 PRESCRIPTION LANDSCAPELandscape Materials/Supp Street Maintenance301295 2,646 AT YOUTH PROGRAMS LLCInstructor ServiceTennis300947 2,644 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store301188 2,643 NORTH PINE AGGREGATE, INCGravelStormwater Collection301285 2,639 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store1033743 2,637 GENUINE PARTS COMPANYOperating SuppliesFleet Operating
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301057 2,620 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store301255 2,605 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store301422 2,599 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store301613 2,563 VESSCO INCRepair & Maint. Supplies Water Treatment301364 2,543 WAGNER MAXWELLOther Contracted Services Rehab300995 2,540 GLASS DOCTORContract Svcs - General Bldg Park Shelters1033788 2,500 WSB & ASSOCIATES INCSoftware Maintenance IT Operating301267 2,494 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store301158 2,445 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of PrisonerPolice Sworn301351 2,408 SAFETY SIGNSAsphalt OverlayStreet Maintenance301070 2,406 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store301527 2,400 KRAFT MATTHEW EOther Contracted Services Summer Theatre301542 2,391 MACQUEEN EQUIPMENT INCProtective ClothingFire1033689 2,370 OUTDOOR ENVIRONMENTS INCOther Contracted Services Eden Prairie Cemetery301232 2,342 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store301072 2,259 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store301385 2,237 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store301008 2,232 MARTIN MARIETTA MATERIALSWaste Blacktop/Concrete Street Maintenance1033836 2,230 CDW GOVERNMENT INC.Computer -Accessories IT Operating301233 2,212 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store301580 2,156 POVOLNY SPECIALTIES INCLandscape Materials/Supp Park Acquisition & Development301430 2,140 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store301327 2,129 JOHN HENRY FOSTER MINNESOTA INCMaintenance Contracts Moss Site301227 2,126 WOLD ARCHITECTS AND ENGINEERSOther Contracted Services Police Remodel301040 2,105 SUPERIOR STRIPING INCContract Svcs - Asphalt/Concr. Dunn Brothers301022 2,100 NORATEK SOLUTIONS INCSoftware Maintenance IT Operating301131 2,066 AVR INCAsphalt OverlayStreet Maintenance301011 2,059 METERING & TECHNOLOGY SOLUTIONSCapital Under $25,000 Water Capital300910 2,053 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store1033726 2,015 KRISS PREMIUM PRODUCTS INCSupplies - HVACCity Center - CAM1033818 2,000 AMERICAN ENGINEERING TESTING INCImprovement Contracts Water Enterprise Fund1033851 1,990 PRAIRIE ELECTRIC COMPANYContract Svcs - Electrical Pool Maintenance301450 1,985 AVR INCAsphalt OverlayStormwater Collection301407 1,967 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store301513 1,967 HOPKINS SPORTS CAMPS LLCInstructor ServiceCamps301516 1,960 INTERNATIONAL UNION OF OPERATINGUnion Dues WithheldHealth and Benefits301176 1,945 LUBE-TECH ESIEquipment Testing/Cert. Fleet Operating301193 1,936 PERAWages and Benefits494 Corridor Commission301577 1,936 PERAWages and Benefits494 Corridor Commission300964 1,935 ARVIG ENTERPRISES INCFiber Lease PaymentsIT Operating301036 1,921 STANDARD SPRING PARTSEquipment PartsFleet Operating300958 1,898 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance301047 1,888 VAN PAPER COMPANYCleaning SuppliesCity Center - CAM
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301330 1,882 LEGACY GYMNASTICSInstructor ServiceTennis1033756 1,851 WM MUELLER AND SONS INCPatching AsphaltStreet Maintenance301485 1,833 FENDLER PATTERSONOutside Water SalesWater Enterprise Fund301494 1,812 FOUR INCSoftware Maintenance IT Operating301457 1,810 CASTREJON INCORPORATEDOther Contracted Services Engineering301515 1,785 INNOVATIVE GRAPHICSClothing & UniformsTennis301206 1,784 SSI KEF SLB LLCElectricMaintenance Facility301377 1,773 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie Village Liquor Store301235 1,768 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store300993 1,713 FLYING CLOUD TRANSFER STATION 4553Waste DisposalPark Maintenance1033805 1,702 ULINEOperating SuppliesFire301616 1,700 WARHOL, MELISSAOther Contracted Services Summer Theatre301159 1,692 HENNEPIN COUNTY TREASUREROther Contracted Services Wastewater Capital301167 1,685 I-STATE TRUCK CENTEREquipment Repair & Maint Fleet Operating300957 1,683 ABM EQUIPMENT AND SUPPLY COMPANYEquipment Testing/Cert. Fleet Operating301121 1,683 ABM EQUIPMENT AND SUPPLY COMPANYEquipment Repair & Maint Fleet Operating301585 1,681 RIVERS EDGE CONCRETEAsphalt OverlayStreet Maintenance301004 1,676 LUBE-TECH ESILubricants & Additives Fleet Operating301356 1,670 STANDARD SPRING PARTSEquipment PartsFleet Operating301140 1,664 CORE & MAINRepair & Maint. Supplies Water Distribution1033679 1,663 WINE COMPANY, THELiquor Product Received Prairie View Liquor Store1033706 1,662 STREICHERSOther Contracted Services Police Sworn301500 1,658 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions301399 1,650 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store301458 1,650 CENTERSTAGE PRODUCTIONS LLCOther Contracted Services Summer Theatre301100 1,647 WINEBOWLiquor Product Received Den Road Liquor Store301120 1,647 WINEBOWLiquor Product Received Prairie View Liquor Store301079 1,643 WINEBOWLiquor Product Received Prairie Village Liquor Store301569 1,596 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor ServiceLesson Skills Development9607 1,594 FIDELITY SECURITY LIFE INSURANCE COAccounts ReceivableHealth and Benefits1033700 1,588 HORIZON COMMERCIAL POOL SUPPLYChemicalsRound Lake300982 1,582 CRYSTAL, CITY OFConference/TrainingFencing Consortium1033847 1,560 MENARDSRepair & Maint. Supplies Arts Center1033782 1,531 GOPHER STATE ONE-CALLOCS - Utility LocatesWater Distribution1033783 1,524 LYNDALE PLANT SERVICESContract Svcs - Int. Landscape City Hall (City Cost)301302 1,500 CERTIFIED APPLIANCE RECYCLINGWaste DisposalRecycle Rebate1033749 1,487 MINNESOTA EQUIPMENTEquipment PartsStreet Maintenance9618 1,477 INVOICE CLOUD INCBank and Service Charges Historical Culture301468 1,470 CORE & MAINRepair & Maint. Supplies Preserve Park301279 1,451 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store301307 1,440 DALE GREEN COMPANY, THEAsphalt OverlayStreet Maintenance1033698 1,406 GRAINGERCleaning SuppliesUtility Operations - General1033769 1,405 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301260 1,400 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store301369 1,390 YORKTOWN OFFICESRent494 Corridor Commission301027 1,375 PETERSON COUNSELING AND CONSULTING Other Contracted Services Fire301347 1,350 PRECISE MRM LLCOther Contracted Services Snow & Ice Control301195 1,346 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police Sworn1033693 1,316 BARR ENGINEERING COMPANYOCS - MonitoringStormwater Non-Capital1033715 1,303 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store301436 1,276 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store301089 1,269 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store301050 1,264 WATER CONSERVATION SERVICES INCOCS - Leak Detection Water Distribution301339 1,260 MINNESOTA HISTORICAL SOCIETYState GrantsFacilities Capital301447 1,254 ATHLETICA SPORT SYSTEMS INCRepair & Maint - Ice Rink Ice Arena Maintenance300960 1,250 AMERICAN ENVIRONMENTAL LLCEquipment Repair & Maint Stormwater Collection1033843 1,247 GRAINGERCleaning SuppliesFire Station #31033793 1,238 FILTRATION SYSTEMSSupplies - HVACGeneral Community Center301326 1,223 I-STATE TRUCK CENTEREquipment PartsFleet Operating1033740 1,216 CDW GOVERNMENT INC.Computer -Accessories IT Operating300920 1,212 DOMACE VINOLiquor Product Received Den Road Liquor Store300997 1,200 HENNEPIN TECHNICAL COLLEGETrainingFire301304 1,200 CLIMB THEATREOther Contracted Services Safety Camp301210 1,188 STATE CHEMICAL SOLUTIONSCleaning SuppliesUtility Operations - General301016 1,168 MINVALCO INCSupplies - HVACCity Center - CAM300945 1,167 DOMACE VINOLiquor Product Received Prairie View Liquor Store301429 1,156 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store301157 1,151 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services301384 1,148 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store301199 1,146 RIVERS EDGE CONCRETEAsphalt OverlayWater Distribution301242 1,136 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store300984 1,129 DEALER AUTOMOTIVE SERVICES INCEquipment Repair & Maint Fleet Operating1033708 1,115 WM MUELLER AND SONS INCPatching AsphaltStreet Maintenance300908 1,106 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store301174 1,100 LIFE SUPPORT INNOVATIONSConference/TrainingUtility Operations - General301055 1,096 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store1033832 1,085 THE OASIS GROUPEmployee AssistanceOrganizational Services301415 1,071 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store1033772 1,068 WINE COMPANY, THELiquor Product Received Den Road Liquor Store300918 1,049 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store301007 1,042 MARCO INCHardware - R&MIT Operating1033747 1,041 MENARDSOperating SuppliesRound Lake301214 1,032 SYSCO WESTERN MINNESOTAMerchandise for Resale Concessions1033814 1,019 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store301454 1,000 BELLAND, BRIANNA MOther Contracted Services Summer Theatre9660 994 WEXFSA - Dependent Care General Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301328 977 LANO EQUIPMENT INCEquipment PartsFleet Operating301077 945 SUMMER LAKES BEVERAGE LLCLiquor Product Received Prairie Village Liquor Store301238 938 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store1033712 934 BELLBOY CORPORATIONLiquor Product Received Prairie Village Liquor Store300943 922 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie View Liquor Store301097 914 SUMMER LAKES BEVERAGE LLCLiquor Product Received Den Road Liquor Store301402 913 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store301372 911 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store301151 900 FINCH MICHAELOther Contracted Services Arts301418 894 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store1033799 886 MTI DISTRIBUTING INCTiresFleet Operating301449 882 AVOLVE SOFTWARESoftwareIT Operating9615 874 AMERICAN EXPRESSBank and Service Charges Wastewater Accounting301064 870 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store300973 861 CENTURYLINKTelephoneIT Operating301574 858 OVERHEAD DOOR CO. OF THE NORTHLAND Equipment Repair & Maint Water Treatment1033768 854 VINOCOPIALiquor Product Received Den Road Liquor Store301509 852 HENNEPIN COUNTY I/T DEPTEquipment Repair & Maint Public Safety Communications301009 850 MEDICINE LAKE TOURSSpecial Event FeesTrips301045 850 UNTIEDT'S VEGETABLE FARM INCEmployee AwardOrganizational Services301225 849 WINSUPPLY EDEN PRAIRIE MN COCapital Under $25,000 Water Capital301361 837 VEHICLE COUNTS.COMCapital Under $25,000 Engineering1033681 836 FASTENAL COMPANYSafety SuppliesFleet Operating301405 834 MEGA BEERLiquor Product Received Den Road Liquor Store301001 833 LEXISNEXIS RISK SOLUTIONS FL INCOther Contracted Services Police Sworn301173 833 LEXISNEXIS RISK SOLUTIONS FL INCOther Contracted Services Police Sworn301041 832 SYSCO WESTERN MINNESOTAOther RentalsConcessions301244 831 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store301239 830 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store9620 825 ULTIMATE SOFTWARE GROUP, THEGarnishment Withheld Health and Benefits9661 825 ULTIMATE SOFTWARE GROUP, THEGarnishment Withheld Health and Benefits1033764 819 VINOCOPIALiquor Product Received Prairie Village Liquor Store1033709 807 XCEL ENERGYElectricVarious Funds300921 803 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store1033811 802 BELLBOY CORPORATIONLiquor Product Received Prairie Village Liquor Store300946 801 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store301029 800 PRAIRIE RESTORATIONS INCOther Contracted Services Stormwater Non-Capital301486 800 FIDDLE PAL LLCOther Contracted Services July 4th Celebration301593 800 SEELING, LYNN AOther Contracted Services Summer Theatre301608 800 TOTAL ENTERTAINMENT/KIDSDANCE PROD. Other Contracted Services July 4th Celebration301051 789 WEBBER RECREATIONAL DESIGN INCRepair & Maint. Supplies Park Maintenance301254 789 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store1033719 787 BELLBOY CORPORATIONLiquor Product Received Prairie View Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments300936 779 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store300956 777 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store1033804 766 STREICHERSClothing & UniformsPolice Sworn301247 763 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store301124 756 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Street Maintenance300985 750 DIETHELM, TAMMY LOther Contracted Services Eden Prairie Cemetery301309 750 DIETHELM, TAMMY LOther Contracted Services Eden Prairie Cemetery301352 750 SCOTT COUNTY TREASURERTraining SuppliesPolice Sworn1033840 748 ECM PUBLISHERS INCLegal Notices Publishing City Clerk9612 746 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration301278 742 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store1033789 742 BIFFS INCWaste DisposalMiller Park301177 738 MACQUEEN EQUIPMENT INCEquipment Repair & Maint Wasterwater Collection300895 738 DOMACE VINOLiquor Product Received Prairie Village Liquor Store301272 734 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store300933 732 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store1033686 730 METROPOLITAN FORDEquipment Repair & Maint Fleet Operating301606 722 THE ADVENT GROUPTemp494 Corridor Commission301063 721 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store301068 719 MAVERICK WINE LLCLiquor Product Received Prairie Village Liquor Store300975 715 CINTAS CORPORATIONSafety SuppliesCommunity Center Admin301406 713 MODIST BREWING COMPANYLiquor Product Received Den Road Liquor Store301390 705 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store301119 705 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store9630 701 MINNESOTA DEPT OF REVENUEMotor FuelsFleet Operating1033807 693 WM MUELLER AND SONS INCPatching AsphaltCity Center - CAM1033727 683 LEONARD, MICHELLEConference/Prof. Dev. 494 Corridor Commission301284 677 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store301229 675 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store301349 672 PRINCIPAL FINANCIAL GROUPWages and Benefits494 Corridor Commission301439 660 AIRGAS USA LLCSupplies - PoolPool Maintenance300962 657 AMERICAN PRESSURE INCEquipment Repair & Maint Utility Operations - General301360 652 VAN PAPER COMPANYCleaning SuppliesGeneral Community Center301290 651 AIRGAS USA LLCEMS Supplies-Oxygen Supplies Fire301446 651 ASSURED SECURITYSupplies - General Bldg Water Treatment1033816 650 VINOCOPIALiquor Product Received Prairie View Liquor Store301219 649 US STANDARD PRODUCTS CORPSafety SuppliesUtility Operations - General300888 646 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store301389 646 UNMAPPED BREWING COLiquor Product Received Prairie Village Liquor Store301322 645 INDIGO SIGNWORKS, INC.Other Contracted Services Fire1033774 634 VINOCOPIALiquor Product Received Prairie View Liquor Store301155 632 GYM WORKSEquipment Repair & Maint Fitness Center301282 625 MAVERICK WINE LLCLiquor Product Received Prairie View Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments300969 616 BIG STATE INDUSTRIAL SUPPLY INCSafety SuppliesWater Treatment301359 616 USA INFLATABLESOther Contracted Services Safety Camp301408 616 PEQUOD DISTRIBUTIONLiquor Product Received Den Road Liquor Store1033678 614 VINOCOPIALiquor Product Received Prairie View Liquor Store301243 592 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store301013 591 MINNESOTA EQUIPMENTEquipment PartsStreet Maintenance1033797 575 MENARDSEquipment PartsWater Treatment301251 569 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store301035 567 ST FRANCIS VETERINARY CLINICCanine SuppliesPolice Sworn1033738 564 ASPEN WASTE SYSTEMS INC.Waste DisposalUtility Operations - General301117 551 SUMMER LAKES BEVERAGE LLCLiquor Product Received Prairie View Liquor Store301488 551 FIRE SAFETY USA INCEquipment Repair & Maint Fleet Operating301291 550 ALLENS SERVICEEquipment Repair & Maint Fleet Operating1033721 550 CARLSTON, BRANDONCanine SuppliesPolice Sworn301129 546 ARCPOINT LABS OF EDEN PRAIRIEEmployment Support Test Organizational Services301060 544 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie Village Liquor Store9657 544 WEXFSA - MedicalGeneral Fund301323 543 INTERNAL REVENUE SERVICE CENTERHealth InsuranceHealth and Benefits301148 542 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment PartsFleet Operating301087 536 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store301145 534 EARL F ANDERSEN INCSignsCity Hall (City Cost)301431 532 PRYES BREWING COMPANYLiquor Product Received Prairie View Liquor Store1033808 531 XCEL ENERGYElectricVarious Funds1033753 529 STREICHERSClothing & UniformsPolice Sworn301078 527 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store301125 524 AIRGAS USA LLCContract Svcs - PoolPool Maintenance301217 522 TRI STATE BOBCAT INC.Equipment PartsFleet Operating9627 517 PMA FINANCIAL NETWORK INCBank and Service Charges Wastewater Accounting1033711 517 VINOCOPIALiquor Product Received Prairie Village Liquor Store1033813 517 VINOCOPIALiquor Product Received Den Road Liquor Store1033733 513 R & R SPECIALTIES OF WISCONSIN INCRepair & Maint - Ice Rink Ice Arena Maintenance1033760 513 GETSCHOW, RICKMileage & ParkingAdministration300959 512 AIRGAS USA LLCSupplies - PoolPool Maintenance301215 510 TOTAL MECHANICAL SERVICESContract Svcs - HVAC Fitness/Conference - Cmty Ctr1033825 509 GREATAMERICA FINANCIAL SVCSPostageCustomer Service301083 505 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store301102 505 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store301561 503 MINNESOTA VALLEY ELECTRIC COOPERATIVE ElectricTraffic Signals301143 503 DETECTACHEM INCOffice SuppliesPolice Sworn301568 500 NATIONAL INCLUSION PROJECT INCConference/TrainingYouth Programs Admin1033702 498 LOCATORS & SUPPLIES INCChemicalsStreet Maintenance301038 491 STRAND MANUFACTURING CO INCRepair & Maint. Supplies Water Treatment300887 489 LORINSER ANNADepositsGeneral Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301410 484 PRYES BREWING COMPANYLiquor Product Received Den Road Liquor Store301490 483 FLAGSHIP RECREATIONOperating SuppliesPark Maintenance301459 479 CENTURYLINKTelephoneIT Operating301423 471 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie View Liquor Store9639 470 WEXFSA - MedicalHealth and Benefits1033716 470 WINE COMPANY, THELiquor Product Received Den Road Liquor Store301426 469 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store301266 466 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store300971 466 BOUND TREE MEDICAL LLCEMS SuppliesFire1033855 463 TWIN CITY SEED COLandscape Materials/Supp Miller Park1033850 460 NORTH CENTRAL LABORATORIESLaboratory Chemicals Water Treatment301518 460 I-STATE TRUCK CENTEREquipment Repair & Maint Fleet Operating301230 459 BLACK STACK BREWING INCLiquor Product Received Prairie Village Liquor Store1033751 458 RIGID HITCH INCORPORATEDEquipment PartsFleet Operating301547 455 MARTIN MARIETTA MATERIALSWaste Blacktop/Concrete Street Maintenance1033819 454 BRAUN INTERTEC CORPORATIONTestingCIP Pavement Management1033752 453 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVACCity Center - CAM301259 451 MAVERICK WINE LLCLiquor Product Received Den Road Liquor Store301400 450 DANGEROUS MAN BREWING CO LLCLiquor Product Received Den Road Liquor Store301424 450 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie View Liquor Store1033777 447 ABRAMOVICH GENNADIYOperating SuppliesPolice Sworn301442 440 ALLENS SERVICEEquipment Repair & Maint Fleet Operating301620 436 WM CORPORATE SERVICES INCWaste DisposalMaintenance Facility301411 430 RED BULL DISTRIBUTING COMPANY INCLiquor Product Received Den Road Liquor Store1033736 430 SUMMIT COMPANIESContract Svcs - Fire/Life/Safe Dunn Brothers301114 425 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store301287 425 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store301455 425 BOUND TREE MEDICAL LLCEMS SuppliesFire301109 425 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store301313 420 EHLERS & ASSOCIATES INCOther Contracted Services TIF-Paravel/Castle Ridge9658 418 WEXFSA - MedicalGeneral Fund1033718 416 VINOCOPIALiquor Product Received Prairie View Liquor Store301067 414 LUPULIN BREWING COMPANYLiquor Product Received Prairie Village Liquor Store301391 410 WINEBOWLiquor Product Received Prairie Village Liquor Store300914 407 BOURGET IMPORTSLiquor Product Received Den Road Liquor Store301532 406 LAWSON PRODUCTS INCRepair & Maint. Supplies Fleet Operating300906 403 UNMAPPED BREWING COLiquor Product Received Prairie Village Liquor Store1033683 398 HAAK LORIMileage & ParkingStormwater Non-Capital301467 395 CONSTRUCTION MATERIALS INCOperating SuppliesStreet Maintenance301311 389 EDEN PRAIRIE CENTER LLCBuilding RentalCDBG - Public Service300934 388 WINEBOWLiquor Product Received Den Road Liquor Store1033817 384 BELLBOY CORPORATIONLiquor Product Received Prairie View Liquor Store301386 379 PRYES BREWING COMPANYLiquor Product Received Prairie Village Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301190 378 OVERHEAD DOOR CO. OF THE NORTHLAND Equipment Repair & Maint Water Treatment300981 376 CORE & MAINRepair & Maint. Supplies Water Distribution1033765 375 NEW FRANCE WINE COMPANYLiquor Product Received Prairie Village Liquor Store301344 373 OXYGEN SERVICE COMPANYEMS Supplies-Oxygen Supplies Fire1033755 368 TWIN CITY SEED CORepair & Maint. Supplies Stormwater Collection301237 367 MAVERICK WINE LLCLiquor Product Received Prairie Village Liquor Store300932 367 UNMAPPED BREWING COLiquor Product Received Den Road Liquor Store301024 362 PAFFY'S PEST CONTROLContract Svcs - Pest Control General Community Center1033780 362 FASTENAL COMPANYSafety SuppliesFleet Operating301412 361 SMALL LOT MNLiquor Product Received Den Road Liquor Store301115 361 RED BULL DISTRIBUTING COMPANY INCLiquor Product Received Prairie View Liquor Store1033704 356 MINNESOTA ROADWAYS COPatching AsphaltStreet Maintenance1033792 356 ECM PUBLISHERS INCLegal Notices Publishing City Clerk301019 356 MULVANEY, JOSHTravel ExpensePolice Sworn1033677 352 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store301528 345 KUBES RANDYAR UtilityWater Enterprise Fund301071 345 PEQUOD DISTRIBUTIONLiquor Product Received Prairie Village Liquor Store301241 344 STEEL TOE BREWING LLCLiquor Product Received Prairie Village Liquor Store9645 342 WEXFSA - MedicalHealth and Benefits301268 341 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store301517 340 INTERTECH INCContract Development IT Operating301581 340 PROP - PRCharitable Contributions Health and Benefits1033748 339 METRO SALES INCORPORATED*Equipment RentalsIT Operating301039 339 SUBURBAN CHEVROLETEquipment PartsFleet Operating1033744 337 GRAFIX SHOPPEEquipment PartsFleet Operating1033741 335 CITI-CARGO & STORAGE CO, INCOther RentalsSummer Theatre301280 333 INSIGHT BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store301306 333 CRYSTAL, CITY OFOperating SuppliesFencing Consortium1033714 332 VINOCOPIALiquor Product Received Den Road Liquor Store301218 330 UNITED STATES POSTAL SERVICEPostageSenior Center Admin301166 330 INDIGO SIGNWORKS, INC.Protective ClothingFire300998 329 I-STATE TRUCK CENTEREquipment PartsFleet Operating1033786 322 ROSE, ALECIAEmployee AwardOrganizational Services300903 322 RED BULL DISTRIBUTING COMPANY INCLiquor Product Received Prairie Village Liquor Store1033713 322 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store301283 321 MODIST BREWING COMPANYLiquor Product Received Prairie View Liquor Store301034 319 ST CROIX LINEN LLCOperating Supplies-Linens Fire301598 319 ST CROIX LINEN LLCOperating Supplies-Linens Fire301293 318 ASPEN MILLSClothing & UniformsPolice Sworn1033707 316 WATSON CO INC, THEMerchandise for Resale Concessions301575 315 PAFFY'S PEST CONTROLContract Svcs - Pest Control City Center - CAM301245 312 BARREL THEORY BEER COMPANYLiquor Product Received Den Road Liquor Store1033710 312 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie Village Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301297 312 BIG STATE INDUSTRIAL SUPPLY INCClothing & UniformsUtility Operations - General301234 312 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie Village Liquor Store301160 311 HENNEPIN COUNTY TREASURERWaste DisposalPark Maintenance300927 311 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store301106 308 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie View Liquor Store301093 302 PEQUOD DISTRIBUTIONLiquor Product Received Den Road Liquor Store300986 300 DODGE OF BURNSVILLEEquipment PartsFleet Operating301127 300 ANDERSON BILLSpecial Event FeesSenior Board301165 300 INCITTI LAURIEEquipment Repair & Maint Water Capital301378 300 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie Village Liquor Store301510 300 HENNING HELENMiscellaneousPark Acquisition & Development300977 298 CLOUTIER JILLP&R RefundsCommunity Center Admin300909 298 WINEBOWLiquor Product Received Prairie Village Liquor Store1033852 297 PREMIUM WATERS INCOperating Supplies - Water Fire301212 296 SUBURBAN CHEVROLETEquipment PartsFleet Operating301269 294 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store301445 294 ASPEN MILLSPostageFire301432 293 SMALL LOT MNLiquor Product Received Prairie View Liquor Store1033767 292 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store301099 291 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store301594 289 SERRACIN JORGEAR UtilityWater Enterprise Fund1033841 287 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues WithheldHealth and Benefits301614 287 VOEHL MILESAR UtilityWater Enterprise Fund301469 286 DAMAR INVESTMENTS LLCAR UtilityWater Enterprise Fund301073 284 PORTAGE BREWING COMPANYLiquor Product Received Prairie Village Liquor Store300948 283 INBOUND BREW COLiquor Product Received Prairie View Liquor Store301437 281 WINEBOWLiquor Product Received Prairie View Liquor Store9647 280 WEXFSA - MedicalHealth and Benefits300913 280 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store301288 278 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store1033794 277 GRAINGEREquipment PartsPool Maintenance301625 276 ZELENAK OWENMileage & ParkingUtility Operations - General301403 275 INSIGHT BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store300923 274 INBOUND BREW COLiquor Product Received Den Road Liquor Store301414 274 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store301380 274 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store300989 273 EPIC EVENT RENTALOther Contracted Services Park Acquisition & Development301435 272 UNMAPPED BREWING COLiquor Product Received Prairie View Liquor Store1033703 272 MENARDSSupplies - ElectricalGeneral Community Center301246 270 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store301271 270 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store1033729 269 METROPOLITAN FORDEquipment Repair & Maint Fleet Operating9651 264 OPTUM HEALTHOther Contracted Services Health and Benefits
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301342 264 MR CUTTING EDGEContract Svcs - Ice Rink Ice Arena Maintenance301113 262 PEQUOD DISTRIBUTIONLiquor Product Received Prairie View Liquor Store301554 258 MIDWEST PLAYSCAPESRepair & Maint. Supplies Franlo Park9654 256 US BANK - PAYMODEBank and Service Charges Finance300992 255 FIRE SAFETY USA INCEquipment PartsFleet Operating301530 251 LANO EQUIPMENT INCEquipment PartsFleet Operating301061 251 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie Village Liquor Store300935 251 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store301545 250 MARCO INCOther HardwareArts Center301186 250 MUEHLBAUER, THOMAS GOther Contracted Services Community Band301440 250 AIYAR SHRUTIOther Contracted Services Arts300900 239 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store300988 236 EDEN PRAIRIE SCHOOLS TRANSPORTATION Motor FuelsFleet Operating300983 236 CUB FOODS EDEN PRAIRIEOperating SuppliesVolunteers301308 235 DELTA DENTALWages and Benefits494 Corridor Commission301062 234 DOMACE VINOLiquor Product Received Prairie Village Liquor Store301191 234 PAFFY'S PEST CONTROLContract Svcs - Pest Control Den Bldg. - CAM301392 232 56 BREWING LLCLiquor Product Received Den Road Liquor Store301537 232 LOADHOLT SHANNONAR UtilityWater Enterprise Fund1033675 229 NEW FRANCE WINE COMPANYLiquor Product Received Den Road Liquor Store1033732 227 QUALITY PROPANEMotor FuelsFleet Operating301358 226 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn301054 226 BARREL THEORY BEER COMPANYLiquor Product Received Prairie Village Liquor Store301270 226 BARREL THEORY BEER COMPANYLiquor Product Received Prairie View Liquor Store1033820 225 CASE, RONMileage & ParkingCity Council1033823 225 FREIBERG MARKMileage & ParkingCity Council1033824 225 GETSCHOW, RICKMileage & ParkingAdministration1033830 225 NARAYANAN PGMileage & ParkingCity Council1033834 225 TOOMEY LISAMileage & ParkingCity Council301548 225 MAUK BOBAR UtilityWater Enterprise Fund1033731 224 OLSEN CHAIN & CABLELandscape Materials/Supp Street Maintenance301371 223 AM CRAFT SPIRITS SALES & MARKETINGLiquor Product Received Prairie Village Liquor Store301144 223 DIRECTVCable TVCommunity Center Admin300924 220 INSIGHT BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store301504 217 GU XUELINAR UtilityWater Enterprise Fund301263 216 ROOTSTOCK WINE COMPANYLiquor Product Received Den Road Liquor Store300929 216 SHAKOPEE BREWHALLLiquor Product Received Den Road Liquor Store301221 216 VAUGHN JULIANA CADAVIDP&R RefundsCommunity Center Admin301315 216 FREEZIACMerchandise for Resale Concessions1033745 216 GRAINGERSmall ToolsPool Maintenance1033812 216 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store301602 214 SUMMERS BRIDGETAR UtilityWater Enterprise Fund301182 212 MINNESOTA TROPHIES & GIFTSOperating SuppliesFire
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301519 210 JETTY SUBRAMANYAMAR UtilityWater Enterprise Fund1033773 210 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store301474 209 EARL F ANDERSEN INCSignsTree Disease301091 207 LUPULIN BREWING COMPANYLiquor Product Received Den Road Liquor Store301258 207 LIBATION PROJECTLiquor Product Received Den Road Liquor Store1033763 207 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie Village Liquor Store9653 206 VANCO SERVICESBank and Service Charges Wastewater Accounting301566 205 MURPHY MICHAELAR UtilityWater Enterprise Fund1033717 205 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store301556 204 MINNESOTA COMPOSTING COUNCILOperating SuppliesRecycle Rebate300965 203 ASPEN MILLSClothing & UniformsVolunteers301428 202 MODIST BREWING COMPANYLiquor Product Received Prairie View Liquor Store300912 201 BERGMAN LEDGE LLCLiquor Product Received Den Road Liquor Store300990 200 EQUIPMENT COATING INCEquipment PartsSnow & Ice Control301316 200 GRACE CHURCHDepositsGeneral Fund301202 199 SHRED RIGHTWaste DisposalGeneral Community Center300980 199 COMCASTPhone/Data/Web494 Corridor Commission301526 197 KOTHARI CHIRAYUAR UtilityWater Enterprise Fund301416 197 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store1033810 197 VINOCOPIALiquor Product Received Prairie Village Liquor Store301098 196 VIP WINE & SPIRITS LTDLiquor Product Received Den Road Liquor Store301118 196 VIP WINE & SPIRITS LTDLiquor Product Received Prairie View Liquor Store301292 195 ARAMARKJanitor ServicePrairie View Liquor Store9648 192 WEXFSA - Dependent Care Health and Benefits301434 192 STEEL TOE BREWING LLCLiquor Product Received Prairie View Liquor Store301128 192 ARAMARKJanitor ServiceDen Road Liquor Store300979 190 COMCASTInternetIT Operating301069 188 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store300894 186 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie Village Liquor Store300919 186 DANGEROUS MAN BREWING CO LLCLiquor Product Received Den Road Liquor Store300944 186 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie View Liquor Store301088 186 DANGEROUS MAN BREWING CO LLCLiquor Product Received Den Road Liquor Store301277 183 ELM CREEK BREWING COMPANYLiquor Product Received Prairie View Liquor Store301264 183 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store301096 182 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store300926 181 MODIST BREWING COMPANYLiquor Product Received Den Road Liquor Store1033796 178 MATHESON TRI-GAS INCOperating SuppliesFleet Operating301058 176 BUCHLiquor Product Received Prairie Village Liquor Store9659 176 WEXFSA - MedicalGeneral Fund300889 172 BARREL THEORY BEER COMPANYLiquor Product Received Prairie Village Liquor Store300911 172 BARREL THEORY BEER COMPANYLiquor Product Received Den Road Liquor Store300937 172 BARREL THEORY BEER COMPANYLiquor Product Received Prairie View Liquor Store300963 170 ARAMARKJanitor ServicePrairie View Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1033766 170 WINE COMPANY, THELiquor Product Received Prairie Village Liquor Store300907 169 VIP WINE & SPIRITS LTDLiquor Product Received Prairie Village Liquor Store301223 168 VIDEOTRONIX INCEquipment Repair & Maint Public Safety Communications301464 162 COMCASTCable TVFire301383 161 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store301052 160 BOLTON & MENK INCConference/TrainingStormwater Non-Capital301149 160 ESTRINE, ROBERTOther Contracted Services Community Band301178 160 MARIE RIDGEWAY LICSW LLCOther Contracted Services Police Sworn301224 160 WEE NIKKITravel ExpenseCommunications300897 159 INBOUND BREW COLiquor Product Received Prairie Village Liquor Store301043 159 TIMESAVER OFF SITE SECRETARIAL INCOther Contracted Services City Council301252 158 DANGEROUS MAN BREWING CO LLCLiquor Product Received Den Road Liquor Store301388 157 STEEL TOE BREWING LLCLiquor Product Received Prairie Village Liquor Store301014 154 MINNESOTA TROPHIES & GIFTSOperating SuppliesPolice Sworn1033833 152 THOMPSON JONATHANMileage & ParkingAssessing1033739 152 BIFFS INCOther Contracted Services Staring Lake Concert301470 151 DEAN KOVACK C/O DEBRA PROCKNOWAR UtilityWater Enterprise Fund301146 150 EDINA, CITY OFOther Contracted Services Communications301492 150 FORLITI SOPHIAOther Contracted Services Summer Theatre1033806 150 USA SECURITYMaintenance Contracts Water Treatment1033785 147 QUALITY PROPANEMotor FuelsIce Arena Maintenance301253 147 DOMACE VINOLiquor Product Received Den Road Liquor Store1033685 147 KUFFEL, RYANTravel ExpensePolice Sworn301065 146 INSIGHT BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store301256 146 INSIGHT BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store300967 145 BATTERIES PLUS BULBSSupplies - PlumbingPool Maintenance301080 144 56 BREWING LLCLiquor Product Received Den Road Liquor Store301381 144 INBOUND BREW COLiquor Product Received Prairie Village Liquor Store301417 144 56 BREWING LLCLiquor Product Received Prairie View Liquor Store1033815 144 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store301261 141 PEQUOD DISTRIBUTIONLiquor Product Received Den Road Liquor Store300890 140 BLACK STACK BREWING INCLiquor Product Received Prairie Village Liquor Store300938 140 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store1033790 138 CDW GOVERNMENT INC.ComputersIT Operating301596 138 SILBER ALANAR UtilityWater Enterprise Fund301111 138 LUPULIN BREWING COMPANYLiquor Product Received Prairie View Liquor Store301081 138 AM CRAFT SPIRITS SALES & MARKETINGLiquor Product Received Den Road Liquor Store301508 138 HEATH STEPHANIEAR UtilityWater Enterprise Fund301487 136 FIERCE JENOperating SuppliesRecycle Rebate300952 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store301301 135 CENTURYLINKInternetIT Operating1033809 134 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie Village Liquor Store301557 134 MINNESOTA EQUIPMENTEquipment PartsFleet Operating
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments301529 133 LAL ARUNAR UtilityWater Enterprise Fund1033831 132 QUALITY PROPANEMotor FuelsIce Arena Maintenance301591 132 SCHNEIDER JAKEAR UtilityWater Enterprise Fund1033672 131 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie Village Liquor Store1033770 131 NEW FRANCE WINE COMPANYLiquor Product Received Den Road Liquor Store9646 130 WEXFSA - MedicalHealth and Benefits301021 130 NOKOMIS SHOE SHOPClothing & UniformsInspections-Administration301480 129 ERICKSON DANIELAR UtilityWater Enterprise Fund1033775 127 NEW FRANCE WINE COMPANYLiquor Product Received Prairie View Liquor Store301107 127 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie View Liquor Store301393 127 AM CRAFT SPIRITS SALES & MARKETINGLiquor Product Received Den Road Liquor Store1033849 127 MTI DISTRIBUTING INCEquipment PartsFleet Operating9644 126 WEXFSA - MedicalHealth and Benefits301357 126 STAPLES ADVANTAGEOffice SuppliesUtility Operations - General300902 126 PORTAGE BREWING COMPANYLiquor Product Received Prairie Village Liquor Store301108 126 HEADFLYER BREWINGLiquor Product Received Prairie View Liquor Store301379 126 HEADFLYER BREWINGLiquor Product Received Prairie Village Liquor Store301395 126 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store301401 126 HEADFLYER BREWINGLiquor Product Received Den Road Liquor Store301419 126 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store301425 126 HEADFLYER BREWINGLiquor Product Received Prairie View Liquor Store1033779 125 EICHMAN NATHANDues & SubscriptionsFleet Operating301438 125 ACE SUPPLY COMPANY INCSupplies - HVACPrairie View Liquor Store301483 124 ESTATE OF MICHAEL FUHS C/O KAREN ROHRER AR UtilityWater Enterprise Fund1033705 124 MTI DISTRIBUTING INCEquipment PartsFleet Operating301627 121 DAVIS, HEATHERDepositsGeneral Fund1033691 120 R & R SPECIALTIES OF WISCONSIN INCSupplies - Ice RinkGeneral Community Center301189 120 OFFICE OF THE SECRETARY OF STATELicenses, Taxes, FeesPolice Sworn1033771 120 PARLEY LAKE WINERYLiquor Product Received Den Road Liquor Store1033776 120 PARLEY LAKE WINERYLiquor Product Received Prairie View Liquor Store301465 118 COMCASTCable TVFire301481 117 ESENSTEN RICHARDAR UtilityWater Enterprise Fund301525 116 KNOTHE ROBERTAR UtilityWater Enterprise Fund301493 115 FOULKE DAVIDAR UtilityWater Enterprise Fund1033802 114 RIGID HITCH INCORPORATEDEquipment PartsFleet Operating1033674 112 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store301030 110 PROPIO LS LLCOther Contracted Services Police Sworn301506 109 GUPTA ADITIAR UtilityWater Enterprise Fund1033687 108 MPX GROUP, THEPrintingPolice Sworn9637 108 WEXFSA - MedicalHealth and Benefits301074 108 SHAKOPEE BREWHALLLiquor Product Received Prairie Village Liquor Store301605 107 TALEBI KAMRANAR UtilityWater Enterprise Fund301005 106 MACQUEEN EQUIPMENT INCEquipment PartsFleet Operating
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1033690 106 QUALITY PROPANEMotor FuelsIce Arena Maintenance1033758 106 CASE, RONTravel ExpenseCity Council1033759 106 FREIBERG MARKTravel ExpenseCity Council1033761 106 NARAYANAN PGTravel ExpenseCity Council1033762 106 TOOMEY LISATravel ExpenseCity Council301559 105 MINNESOTA PRINT MANAGEMENT LLCOffice SuppliesCustomer Service301345 105 PAFFY'S PEST CONTROLContract Svcs - Pest Control Historical Buildings301138 103 COMCASTCable TVFire300905 102 STEEL TOE BREWING LLCLiquor Product Received Prairie Village Liquor Store300955 102 STEEL TOE BREWING LLCLiquor Product Received Prairie View Liquor Store1033750 100 MTI DISTRIBUTING INCEquipment PartsFleet Operating301153 100 GENESIS JAZZ ORCHESTRAOther Contracted Services Special Events Admin301184 100 MINNETONKA POLICE DEPARTMENTTuition Reimbursement/School Police Sworn301334 100 MAIER ABEOther Contracted Services Senior Center Programs301599 100 STATE OF MINNESOTAAutosFleet - Police300976 100 CINTAS CORPORATION #470Operating SuppliesPark Maintenance301461 100 CINTAS CORPORATION #470Operating SuppliesPark Maintenance103367399 NEW FRANCE WINE COMPANYLiquor Product Received Prairie Village Liquor Store961395 PAYABank and Service Charges Theatre Initiative30107695 STARRY EYED BREWING LLCLiquor Product Received Prairie Village Liquor Store30161895 WENDY HANSON C/O RANDALL HANSONAR UtilityWater Enterprise Fund30146095 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits30150795 GYM WORKSEquipment Repair & Maint Fitness Center30089994 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store30097893 COMCASTInternetIT Operating30159093 SANDER KELLYAR UtilityWater Enterprise Fund30152392 KENNEDY CHRYSAAR UtilityWater Enterprise Fund30095092 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store30114791 EHLERS DYLANDepositsGeneral Fund30151189 HERITAGE WILLIAMAR UtilityWater Enterprise Fund30113589 CENTURYLINKTelephoneIT Operating30102689 PASSARO, JESSICAOperating SuppliesTheatre Initiative964188 WEXFSA - MedicalHealth and Benefits30152188 JOHNSRUD BREKKEAR UtilityWater Enterprise Fund30093187 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store30159286 SCHRAD KENTAR UtilityWater Enterprise Fund30116385 IDEA CREEK LLC,THEOperating Supplies-Award/Retir Fire30119885 RAINBOW ECOSCIENCEOperating SuppliesTree Disease30093982 BOURGET IMPORTSLiquor Product Received Prairie View Liquor Store30137381 BLACK STACK BREWING INCLiquor Product Received Prairie Village Liquor Store30113680 CHRIS CASTLE INCPhone/Data/Web494 Corridor Commission30129480 ASTLEFORD EQUIPMENT COMPANY INCEquipment PartsFleet Operating30120079 SCHLOSSMACHER, JIMMileage & ParkingPolice Sworn
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments30122878 HENNEPIN COUNTY WARRANT OFFICEDepositsGeneral Fund30153477 LIM JOSEPHAR UtilityWater Enterprise Fund30099177 FIERCE JENConference/TrainingSustainable Eden Prairie30146377 COMCASTCable TVFire30137076 56 BREWING LLCLiquor Product Received Prairie Village Liquor Store965076 PAYCHEXPayroll Admin. Fees494 Corridor Commission966476 PAYCHEXPayroll Admin. Fees494 Corridor Commission30148476 ESTATE OF ROBERT G SEIFERT C/O JAMES SEI AR UtilityWater Enterprise Fund30147376 DIGI-KEYSupplies - ElectricalPool Maintenance103382875 METROPOLITAN FORDEquipment PartsFleet Operating30114273 CULLIGANCorridor Comm. Misc 494 Corridor Commission30102873 PILGRIM DRY CLEANERS INCClothing & UniformsPolice Sworn30147173 DEMEE GARYAR UtilityWater Enterprise Fund30162273 YAO QUANAR UtilityWater Enterprise Fund30159572 SFR BORROWER 2021-2 LLCAR UtilityWater Enterprise Fund30102370 NORTHERN TOOLTiresFleet Operating30120969 STAPLES ADVANTAGEOffice SuppliesCustomer Service103372569 JOHNSTONE SUPPLYSupplies - PlumbingCity Center - CAM30156768 MYLAVARAPU SATYAAR UtilityWater Enterprise Fund30153168 LASKA JASONAR UtilityWater Enterprise Fund964967 WEXFSA - MedicalHealth and Benefits30104667 USTA NORTHERNDues & SubscriptionsTennis30162165 YANG CHUANFANGAR UtilityWater Enterprise Fund965264 MONEY MOVERS INCOther Contracted Services Community Center Admin30161063 TUREK KENNETHAR UtilityWater Enterprise Fund103382163 CONCRETE CUTTING AND CORINGEquipment Repair & Maint Park Maintenance103383863 DAKOTA SUPPLY GROUP INCOperating SuppliesRound Lake30150163 GREEN ROSETTIP&R RefundsCommunity Center Admin30145162 BAKER MARCIAAR UtilityWater Enterprise Fund30103762 STAPLES ADVANTAGEOffice SuppliesCustomer Service30155262 METZLER GARYAR UtilityWater Enterprise Fund30127662 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie View Liquor Store30113762 COMCASTCable TVFire30158661 ROZANSKI ROBERTAR UtilityWater Enterprise Fund30095360 SHAKOPEE BREWHALLLiquor Product Received Prairie View Liquor Store103382759 LINDAHL, DAVIDMileage & ParkingEconomic Development103377855 ALBERS, JASONDepositsGeneral Fund30145252 BARRY FRANNYLandscape Materials/Supp Street Maintenance30130550 COMCASTInternetIT Operating30157950 PLOURDE CONNIEAR UtilityWater Enterprise Fund30104850 VERIZON WIRELESS - VSATOther Contracted Services Police Sworn30150349 GROSS COLLINAR UtilityWater Enterprise Fund30156249 MK SOLUTIONS LLCAR UtilityWater Enterprise Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments30156349 MOBLEY, MICHAELAR UtilityWater Enterprise Fund30101048 MENSING JEFFP&R RefundsCommunity Center Admin30116946 JOHNSTONE SUPPLYSupplies - HVACCity Center - CAM30133846 MINNESOTA DEPT OF HEALTHConference/TrainingUtility Operations - General30160445 SWENSEN JUDITHAR UtilityWater Enterprise Fund30162445 ZELDIN ANNAAR UtilityWater Enterprise Fund103372845 MEREDITH KATEOutreach Mileage/Parking 494 Corridor Commission30101842 MN MAINTENANCE EQUIPMENT INCEquipment PartsFleet Operating30154942 MELCHERT DEBAR UtilityWater Enterprise Fund30128941 AFLAC INCWages and Benefits494 Corridor Commission30136540 WATERPLAY SOLUTIONS CORPOperating SuppliesRound Lake103382640 HACH COMPANYLaboratory Chemicals Water Treatment30145640 BROCHU AMYAR UtilityWater Enterprise Fund30147939 ENYART ANNAR UtilityWater Enterprise Fund30158338 RICKHOFF SCOTTAR UtilityWater Enterprise Fund103372238 CHANSKI DANClothing & UniformsPolice Sworn30135537 SPEVACEK CIARAP&R RefundsCommunity Center Admin30161236 VAN PAPER COMPANYCleaning SuppliesGeneral Community Center30151435 HORSTMANN LEE MARYAR UtilityWater Enterprise Fund30131235 EDEN PRAIRIE CHAMBER OF COMMERCEMiscellaneousCity Council30154634 MARLENE NASON C/O DENISE LIENAR UtilityWater Enterprise Fund103372034 CARLSON, THORClothing & UniformsPolice Sworn30162633 ZUCKER LARRYAR UtilityWater Enterprise Fund30153833 LOCKHART SARAHAR UtilityWater Enterprise Fund30136633 WENDT HEATHERP&R RefundsCommunity Center Admin30156032 MINNESOTA TROPHIES & GIFTSOperating SuppliesPark Maintenance103369430 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn30155530 MIGNONE JOSEPHAR UtilityWater Enterprise Fund30161930 WINDAHL ZACHARYAR UtilityWater Enterprise Fund30147629 EDEN PRAIRIE FOUNDATIONCharitable Contributions Health and Benefits30147729 EDEN PRAIRIE FOUNDATIONCharitable Contributions Health and Benefits30161529 WALKOWSKI EMILYAR UtilityWater Enterprise Fund30155329 MICHURSKI STEVEAR UtilityWater Enterprise Fund103373428 ROCKEY, JOSHMileage & ParkingSenior Center Admin30152228 KALENDA JOHNAR UtilityWater Enterprise Fund30134128 MINNESOTA TROPHIES & GIFTSOperating SuppliesPolice Sworn30134326 NELSON RONP&R RefundsCommunity Center Admin964026 WEXFSA - MedicalHealth and Benefits30150526 GULLINGSRUD EUGENEAR UtilityWater Enterprise Fund30146225 CLARK PHILIPAR UtilityWater Enterprise Fund103378724 TOLL GAS AND WELDING SUPPLYRepair & Maint. Supplies Utility Operations - General30148923 FISHMAN SIMONAR UtilityWater Enterprise Fund30160923 TUPMAN JOELAR UtilityWater Enterprise Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments30152022 JOHNSON BERNARDAR UtilityWater Enterprise Fund30153921 LONDGREN JANAR UtilityWater Enterprise Fund103372321 CONCRETE CUTTING AND CORINGRepair & Maint. Supplies Utility Operations - General30148221 ESPINOZA FIORELLAAR UtilityWater Enterprise Fund103373520 SPOK, INC.Cell/Pager PlansIT Operating30159720 SPANEL ROCHELLEAR UtilityWater Enterprise Fund963820 WEXFSA - MedicalHealth and Benefits30113020 ASPEN MILLSClothing & UniformsFire30146619 CONNAUGHTY, CURTISAR UtilityWater Enterprise Fund30149119 FOREMAN NANCYAR UtilityWater Enterprise Fund30144118 ALLAN ASHLEYAR UtilityWater Enterprise Fund30153518 LINDBERG TEDAR UtilityWater Enterprise Fund30149716 GARCIA ANTONIOAR UtilityWater Enterprise Fund30147516 EDEN PRAIRIE CRIME PREVENTION FUNDCharitable Contributions Health and Benefits30157116 NCPERS GROUP LIFE INSURANCEPERAHealth and Benefits30145316 BARSTAD JANICEAR UtilityWater Enterprise Fund30116816 JERRY'S ENTERPRISES INCLandscape Materials/Supp Street Maintenance30150215 GROOMS LISAAR UtilityWater Enterprise Fund30118315 MINNESOTA VALLEY ELECTRIC COOPERATIVE ElectricRiley Creek Woods30156415 MOISOR REGINALDAR UtilityWater Enterprise Fund30154114 LUCS DAVIDAR UtilityWater Enterprise Fund30155114 METRO DESIGN CENTER LLCAR UtilityWater Enterprise Fund30152413 KLINCK KENNETHAR UtilityWater Enterprise Fund30162313 YUN ALLENAR UtilityWater Enterprise Fund30144413 ARMSTRONG JACQUELYNAR UtilityWater Enterprise Fund30149612 FU ROBERTAR UtilityWater Enterprise Fund961712 NCR PAYMENT SOLUTIONS,PA, LLCBank and Service Charges Liquor Store Delivery103384212 FERRELLGASRepair & Maint. Supplies Utility Operations - General30112212 ACE SUPPLY COMPANY INCSupplies - HVACCity Center - CAM30156510 MUNN COREYAR UtilityWater Enterprise Fund103378410 NELSON, ROBINOutreach Mileage/Parking 494 Corridor Commission30149810 GEASON KYLEAR UtilityWater Enterprise Fund3015129 HOFER KORYAR UtilityWater Enterprise Fund3016078 TODD TAMIAR UtilityWater Enterprise Fund10336828 FLEETPRIDE INCEquipment PartsFleet Operating3015768 PALMQUIST JOANAR UtilityWater Enterprise Fund3011348 CEF EP COMMUNITY SOLAR LLCElectricFacilities Operating ISF96088 SQUAREBank and Service Charges Prairie Village Liquor Store10337817 FLEETPRIDE INCEquipment PartsFleet Operating3013676 WINSUPPLY EDEN PRAIRIE MN COOperating SuppliesStreet Lighting3011394 COMCASTOther Contracted Services Police Sworn10336882 OLSEN CHAIN & CABLERepair & Maint. Supplies Utility Operations - General6,744,878 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
7/11/2023
Amount Account Description Business Unit
4,330 Capital Under $25,000 Federal Forfeiture
4,131 Plumbing Surcharge General Fund
2,903 Conference/Training Street Maintenance
2,761 Operating Supplies Arts Center
2,650 Software/Hardware Maint. IT Operating
2,000 Other Contracted Services Snow & Ice Control
1,889 Conference/Training Facilities Staff
1,728 Miscellaneous Internal Events
1,647 Capital Under $25,000 Federal Forfeiture
1,601 Training Supplies Fire
1,402 Operating Supplies Fitness Center
1,379 Special Event Fees Senior Center Programs
1,350 Conference/Training Human Resources
1,236 Special Event Fees Trips
1,126 Operating Supplies Summer Theatre
1,104 Office Supplies Police Sworn
1,007 Operating Supplies July 4th Celebration
953 Repair & Maint. Supplies Water Treatment
906 Conference/Training IT Operating
899 Conference/Training Utility Operations - General
895 Tuition Reimbursement/School Police Sworn
825 Dues & Sub-Memberships Fire
795 Tuition Reimbursement/School Police Sworn
795 Conference/Training Assessing
760 Awards Communications
674 Operating Supplies Police Sworn
648 Dues & Sub-Memberships Community Development Admin.
645 Other Assets Public Safety Communications
610 Awards Finance
572 Repair & Maint. Supplies Fitness/Conference - Cmty Ctr
535 Tuition Reimbursement/School Police Sworn
535 Tuition Reimbursement/School Police Sworn
507 Operating Supplies Riley Lake Beach
486 Other Rentals Park Maintenance
478 Travel Expense City Clerk
477 Merchandise for Resale Concessions
464 Other Contracted Services Outdoor Center
462 Conference/Training Pool Operations
442 Operating Supplies Fitness Classes
436 Operating Supplies Police Sworn
420 Licenses, Taxes, Fees Pool Lessons
420 Licenses, Taxes, Fees Pool Lessons
400 Conference/Training Assessing
379 Operating Supplies Fitness Classes
364 Operating Supplies Park Maintenance
364 Tuition Reimbursement/School Police Sworn
364 Tuition Reimbursement/School Police Sworn
360 Licenses, Taxes, Fees Pool Lessons
359 Miscellaneous Administration
355 Repair & Maint. Supplies Fire Station #2
Amount Account Description Business Unit
350 Operating Supplies Fleet Operating
347 Repair & Maint. Supplies City Center - CAM
330 Safety Supplies Youth Programs Admin
329 Dues & Sub-Memberships Economic Development
328 Licenses, Taxes, Fees Pool Lessons
300 Tuition Reimbursement/School Police Sworn
300 Repair & Maint. Supplies Pool Maintenance
300 Other Contracted Services Liquor Store Delivery
297 Operating Supplies Day Care
297 Safety Supplies Youth Programs Admin
289 Miscellaneous Administration
286 Operating Supplies Tennis
285 Small Tools Facilities Staff
278 Printing Police Sworn
276 Miscellaneous City Council
264 Safety Supplies Youth Programs Admin
257 Operating Supplies Police Sworn
255 Operating Supplies Fire
253 Operating Supplies Riley Lake Beach
252 Licenses, Taxes, Fees Pool Lessons
251 Repair & Maint. Supplies Fire
250 Conference/Training Assessing
249 Other Contracted Services City Council
247 Operating Supplies Outdoor Center
242 Operating Supplies Fire
240 Operating Supplies Community Center Admin
239 Operating Supplies Community Center Admin
235 Training Supplies Youth Programs Admin
230 Miscellaneous Administration
229 Operating Supplies Pickleball
225 Tuition Reimbursement/School Police Sworn
223 Operating Supplies Prairie View Liquor Store
219 Operating Supplies Youth Programs Admin
218 Operating Supplies Safety Camp
212 Operating Supplies New Adaptive
211 Repair & Maint. Supplies Ice Arena Maintenance
207 Repair & Maint. Supplies General Community Center
206 Employee Award Organizational Services
205 Licenses, Taxes, Fees Pool Lessons
200 Miscellaneous Volunteers
200 Miscellaneous Volunteers
200 Conference/Training Assessing
198 Conference/Training Facilities Staff
193 Small Tools Facilities Staff
191 Operating Supplies Police Sworn
190 Operating Supplies IT Operating
185 Operating Supplies Senior Center Programs
179 Small Tools Traffic Signals
176 Operating Supplies Fire
175 Equipment Parts Fleet Operating
171 Equipment Parts Fleet Operating
169 Operating Supplies Outdoor Center
169 Operating Supplies Lesson Skills Development
168 Operating Supplies Den Road Liquor Store
Amount Account Description Business Unit
168 Licenses, Taxes, Fees Pool Lessons
165 Licenses, Taxes, Fees Pool Lessons
164 Operating Supplies Round Lake Beach
162 Operating Supplies Police Sworn
160 Operating Supplies Public Safety Communications
156 Small Tools Facilities Staff
150 Advertising Arts Center
150 Dues & Sub-Memberships Assessing
150 Dues & Sub-Memberships Assessing
150 Deposits General Fund
147 Operating Supplies Police Sworn
139 Merchandise for Resale Concessions
134 Operating Supplies Volleyball
134 Conference/Training Economic Development
132 Licenses, Taxes, Fees Pool Lessons
132 Licenses, Taxes, Fees Pool Lessons
132 Safety Supplies Youth Programs Admin
128 Repair & Maint. Supplies Water Treatment
128 Other Contracted Services Theatre Initiative
127 Travel Expense Assessing
127 Operating Supplies Fire
125 Conference/Training Pool Operations
120 Conference/Training IT Operating
119 Small Tools Park Maintenance
113 Travel Expense Assessing
112 Licenses, Taxes, Fees Pool Lessons
111 Operating Supplies Day Care
110 Equipment Repair & Maint Pool Operations
110 Operating Supplies Fire
109 Repair & Maint. Supplies City Center - CAM
109 Operating Supplies Volleyball
109 Small Tools Park Maintenance
108 Equipment Repair & Maint Senior Center Programs
101 Operating Supplies Arts Center
101 Clothing & Uniforms Police Sworn
101 Operating Supplies Police Sworn
100 Autos Fleet - Public Works
100 Miscellaneous Volunteers
100 Training Supplies Police Sworn
100 Conference/Training Round Lake Beach
100 Licenses, Taxes, Fees Fitness Classes
100 Conference/Training Pool Operations
100 Licenses, Taxes, Fees Pool Lessons
99 Safety Supplies Youth Programs Admin
99 Operating Supplies Outdoor Center
99 Operating Supplies Community Center Admin
98 Operating Supplies Arts Center
97 Operating Supplies Police Sworn
97 Small Tools Public Safety Communications
94 Operating Supplies Arts Center
90 Operating Supplies Round Lake Beach
89 Software/Hardware Maint. Fire
88 Operating Supplies Fire
88 Clothing & Uniforms Utility Operations - General
Amount Account Description Business Unit
87 Operating Supplies Summer Theatre
87 Licenses, Taxes, Fees Fleet Operating
85 Dues & Sub-Memberships Assessing
85 Dues & Sub-Memberships Assessing
85 Dues & Sub-Memberships Assessing
82 Operating Supplies Outdoor Center
79 Other Contracted Services Facilities Staff
77 Deposits General Fund
77 Deposits General Fund
75 Capital Under $25,000 Fitness Classes
75 Training Fire
74 Operating Supplies Youth Programs Admin
73 Operating Supplies Fire
72 Operating Supplies Community Center Admin
72 Advertising Arts Center
70 Operating Supplies Police Sworn
70 Operating Supplies Senior Center Programs
68 Office Supplies Police Sworn
67 Miscellaneous Economic Development
66 Licenses, Taxes, Fees Pool Lessons
65 Operating Supplies Community Center Admin
64 Repair & Maint. Supplies Utility Operations - General
64 Operating Supplies Community Center Admin
64 Capital Under $25,000 Fitness Classes
63 Operating Supplies Youth Programs Admin
63 Miscellaneous Economic Development
62 Dues & Sub-Memberships Community Development Admin.
61 Merchandise for Resale Concessions
61 Operating Supplies Community Center Admin
61 Operating Supplies Youth Programs Admin
60 Travel Expense City Council
60 Travel Expense City Council
60 Advertising Theatre Initiative
60 Operating Supplies Fleet Operating
60 Operating Supplies Pickleball
59 Repair & Maint. Supplies Utility Operations - General
58 Operating Supplies Day Care
58 Miscellaneous Volunteers
57 Repair & Maint. Supplies Pool Maintenance
57 Repair & Maint. Supplies Water Treatment
56 Operating Supplies Outdoor Center
56 Software/Hardware Maint. IT Operating
56 Operating Supplies Pickleball
55 Licenses, Taxes, Fees Fleet Operating
55 Clothing & Uniforms Fire
54 Tuition Reimbursement/School Police Sworn
54 Training Supplies Police Sworn
54 Operating Supplies Outdoor Center
53 Merchandise for Resale Senior Board
52 Equipment Repair & Maint Public Safety Communications
51 Operating Supplies New Adaptive
50 Deposits General Fund
50 Deposits General Fund
50 Conference/Training Tree Disease
Amount Account Description Business Unit
50 Miscellaneous Recreation Admin
50 Operating Supplies Concessions
50 Conference/Training Utility Operations - General
50 Operating Supplies Summer Theatre
49 Capital Under $25,000 Fitness Classes
48 Operating Supplies Arts Center
47 Operating Supplies Arts Center
47 Telephone IT Operating
46 Operating Supplies Community Center Admin
45 Operating Supplies Arts Center
45 Dues & Sub-Memberships Communications
44 Operating Supplies Arts Center
43 Operating Supplies Outdoor Center
43 Office Supplies Police Sworn
43 Operating Supplies Housing and Community Service
42 Operating Supplies Outdoor Center
42 Conference/Training Pool Operations
42 Licenses, Taxes, Fees Pool Lessons
42 Licenses, Taxes, Fees Pool Lessons
42 Licenses, Taxes, Fees Pool Lessons
42 Licenses, Taxes, Fees Pool Lessons
42 Licenses, Taxes, Fees Pool Lessons
41 Operating Supplies Police Sworn
41 Process Control Equipment IT Operating
40 Dues & Sub-Memberships Economic Development
40 Operating Supplies Arts Center
39 Operating Supplies Outdoor Center
37 Operating Supplies Arts Center
36 Safety Supplies Riley Lake Beach
35 Training Supplies Police Sworn
35 Conference/Training Human Resources
34 Repair & Maint. Supplies Utility Operations - General
34 Operating Supplies Summer Theatre
32 Operating Supplies Outdoor Center
32 Operating Supplies Arts Center
32 Operating Supplies Athletic Programs Admin
32 Repair & Maint. Supplies City Hall (City Cost)
32 Operating Supplies Outdoor Center
32 Employee Award Organizational Services
32 Operating Supplies Pickleball
32 Operating Supplies Round Lake Beach
32 Advertising Prairie View Liquor Store
31 Repair & Maint. Supplies Water Treatment
31 Office Supplies Police Sworn
31 Operating Supplies Community Center Admin
31 Operating Supplies Arts Center
30 Conference/Training IT Operating
30 Repair & Maint. Supplies Senior Center
30 Operating Supplies Staring Lake Concert
30 Small Tools Facilities Staff
29 Operating Supplies Pool Lessons
28 Repair & Maint. Supplies Utility Operations - General
28 Operating Supplies Arts Center
27 Operating Supplies Arts Center
Amount Account Description Business Unit
27 Operating Supplies Prairie Village Liquor Store
25 Miscellaneous Volunteers
25 Miscellaneous Volunteers
25 Miscellaneous Volunteers
25 Miscellaneous Volunteers
25 Other Contracted Services Ice Operations
25 Conference/Training Round Lake Beach
25 Conference/Training Pool Operations
25 Employee Award Organizational Services
25 Employee Award Organizational Services
25 Operating Supplies Arts Center
24 Deposits General Fund
24 Other Contracted Services Arts Center
24 Operating Supplies Fitness Classes
24 Operating Supplies Day Care
24 Office Supplies Police Sworn
24 Office Supplies Police Sworn
23 Operating Supplies Pickleball
23 Operating Supplies Summer Theatre
22 Office Supplies Police Sworn
22 Operating Supplies Pickleball (CC)
22 Operating Supplies Community Center Admin
22 Operating Supplies Staring Lake Concert
22 Repair & Maint. Supplies Historical Buildings
21 Operating Supplies Concessions
21 Safety Supplies Round Lake Beach
21 Employee Award Organizational Services
21 Operating Supplies Day Care
20 Operating Supplies Outdoor Center
20 Dues & Sub-Memberships Police Sworn
20 Equipment Parts Fleet Operating
20 Operating Supplies Safety Camp
20 Operating Supplies Fitness Center
20 Operating Supplies Summer Theatre
19 Miscellaneous Volunteers
19 Office Supplies Police Sworn
19 Office Supplies Police Sworn
19 Licenses, Taxes, Fees Ice Lessons
18 Operating Supplies Fitness Admin.
18 Miscellaneous Administration
17 Operating Supplies Tennis
17 Operating Supplies Tennis
17 Other Contracted Services Organizational Services
17 Operating Supplies Community Center Admin
17 Operating Supplies Prairie Village Liquor Store
16 Advertising Arts Center
16 Operating Supplies Concessions
16 Operating Supplies Theatre Initiative
16 Operating Supplies Arts Center
16 Merchandise for Resale Senior Board
15 Operating Supplies Youth Programs Admin
15 Equipment Repair & Maint Public Safety Communications
15 Dues & Sub-Memberships Communications
15 Operating Supplies Fitness Classes
Amount Account Description Business Unit
15 Operating Supplies Day Care
14 Operating Supplies Volunteers
14 Operating Supplies Youth Programs Admin
14 Miscellaneous Administration
14 Operating Supplies Arts Center
13 Training Fire
13 Operating Supplies Pickleball
13 Operating Supplies Arts Center
13 Operating Supplies Volunteers
12 Operating Supplies Arts Center
12 Operating Supplies Arts Center
12 Operating Supplies City Council
11 Operating Supplies Arts Center
11 Training Supplies Police Sworn
10 Office Supplies Police Sworn
9 Operating Supplies Summer Theatre
8 Operating Supplies Community Center Admin
8 Operating Supplies Arts Center
8 Office Supplies Police Sworn
7 Mileage & Parking City Clerk
7 Mileage & Parking City Clerk
7 Mileage & Parking City Clerk
7 Operating Supplies Fitness Classes
7 Operating Supplies IT Operating
7 Operating Supplies Arts Center
6 Employee Award Organizational Services
6 Operating Supplies Pool Operations
6 Licenses, Taxes, Fees Fleet Operating
5 Operating Supplies IT Operating
4 Operating Supplies Arts Center
4 Bank and Service Charges Customer Service
3 Dues & Sub-Memberships Assessing
3 Dues & Sub-Memberships Assessing
3 Deposits General Fund
2 Dues & Sub-Memberships Assessing
2 Dues & Sub-Memberships Assessing
2 Dues & Sub-Memberships Assessing
1 Operating Supplies Arts Center
-9 Operating Supplies Fitness Center
-11 Repair & Maint. Supplies City Center - CAM
-15 Operating Supplies New Adaptive
-17 Merchandise for Resale Concessions
-19 Office Supplies Police Sworn
-24 Office Supplies Police Sworn
-26 Small Tools Park Maintenance
-32 Janitor Service Prairie View Liquor Store
-63 Operating Supplies Theatre Initiative
-63 Operating Supplies Theatre Initiative
-70 Operating Supplies Theatre Initiative
-70 Operating Supplies Theatre Initiative
-70 Operating Supplies Theatre Initiative
-77 Travel Expense Fire
-103 Small Tools Park Maintenance
-123 Operating Supplies Theatre Initiative
Amount Account Description Business Unit
-239 Operating Supplies Community Center Admin
-414 Repair & Maint. Supplies Water Treatment
-600 Special Event Fees Trips
-636 Special Event Fees Trips
-5,334 Other Revenue General Fund
71,184 Report Total
CITY COUNCIL AGENDA
SECTION: Reports
DATE
July 11, 2023
DEPARTMENT / DIVISION
Scott Gerber, Fire Department
ITEM DESCRIPTION
Fire Suppression Activity Update
ITEM NO.
XIV.G.1.
Requested Action No formal action requested.
Background
Fire Chief Scott Gerber will provide an update on fire suppression activity within the last year. Attachments
None.
Eden Prairie Fire Department
Fire Suppression Update
July 11, 2023
Fires -All
43
54
75
63
19
0
10
20
30
40
50
60
70
80
2019 2020 2021 2022 2023
All Fires in Eden Prairie -By Year
Avg = 58
Fires –Everything but Structure / Building
All Other fires (vehicle, trash, brush, etc.)
Year Vehicle Appl. Cooking Chimney Brush Outbldg Trash Misc Total
2019 11 0 5 1 3 2 3 0 25
2020 9 1 3 2 9 1 2 0 27
2021 14 11 3 0 18 2 3 5 56
2022 18 12 7 0 5 2 5 5 54
2023 2 3 1 0 3 0 0 3 12
Fires –Structure / Building (2019 to Present)
Year Total Fires Bldg. Dollar Loss %Saved Hose pulled Sprinkler Save
2019 18 $1,330,938 91%8 2
2020 27 $1,108,000 97% 14 3
2021 19 $1,178,000 71% 10 0
2022 9 $660,000 89%5 2
2023 7 $1,780,000 57%7 1
Fire Prevention
•Smoke Alarms
•Check regularly, Replace Batteries
•Have an Escape Plan
•Discard smoking materials in an effective way
•Unattended Cooking -Be present when cooking
THANK YOU