HomeMy WebLinkAboutCity Council - 03/12/2024
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 12, 2024 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 Amy Markle, 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. COUNCIL DEVELOPMENT DISCUSSION 5:30 – 5:50 p.m.
II. ANTENNA TOWER UPDATE 5:50 – 6:10 p.m.
III. ANNUAL (2023) POLICE UPDATE 6:10 – 6:30 p.m.
Open Podium - Council Chamber (6:30)
IV. OPEN PODIUM V. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 12, 2024 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 Amy Markle, and City Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS AND PRESENTATIONS
A. ACCEPT PARKS AND RECREATION 2024 WINTER DONATIONS (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 20, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 20, 2024
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. PRESERVE VILLAGE INFILL CHIPOTLE APPROVE SECOND READING OF ORDINANCE FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW ON 9.08 ACRES, ADOPT RESOLUTION FOR SITE PLAN REVIEW ON 9.08 ACRES, APPROVE DEVELOPMENT AGREEMENT
C. APPROVE T-MOBILE LICENSE AGREEMENT AT BAKER ROAD WATER TOWER
D. APPROVE LEGISLATIVE SERVICES AGREEMENT WITH LOCKRIDGE GRINDAL NAUEN
CITY COUNCIL AGENDA March 12, 2024
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E. APPROVE AGREEMENT WITH REPUBLIC SERVICES FOR 2024 DROP OFF DAY EVENT MATERIAL DISPOSAL
F. AWARD CONTRACT FOR HOMEWARD HILLS SANITARY SEWER
REPLACEMENT PROJECT TO NORTHWEST ASPHALT, INC.
G. ADOPT RESOLUTION APPROVING COOPERATIVE CONSTRUCTION
AGREEMENT WITH MNDOT FOR TRUNK HIGHWAY 101 CONSTRUCTION PROJECT INCLUDING PEDESTRIAN FLASHING SYSTEMS
H. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH VALLEY RICH COMPANY, INC. FOR WATER, SEWER, AND STORMWATER UTILITY REPAIRS
I. APPROVE AGREEMENT WITH PRECISION UTILITIES FOR UTILITY REPAIRS
J. ACCEPT BIDS AND APPROVE CONTRACT WITH BKJ EXCAVATING FOR VIKING DRIVE TRAIL CONSTRUCTION
K. APPROVE LEASE AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD FIELDS THROUGH DECEMBER 31, 2029
L. AWARD CONTRACT FOR REHABILITATION OF HARDCOURT FACILITY AT ROUND LAKE PARK TO BKJ EXCAVATING
M. AUTHORIZE AGREEMENT WITH STARLIGHT AERIAL PRODUCTIONS FOR JULY 3RD DRONE SHOW
N. AUTHORIZE AGREEMENT WITH RES PYRO FOR JULY 4TH FIREWORKS DISPLAY
O. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT GRANT REQUEST TO OBTAIN FUNDING FROM MINNESOTA ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND FOR GRANT FUNDING FOR 2025 RICHARD T. ANDERSON MAINTENANCE
TRAIL STABILIZATION PROJECT
P. APPROVE AGREEMENT FOR IMPLEMENTATION OF FIRST DUE SOFTWARE SUITE
Q. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR CONSTRUCTION TO BUILD OUT FIBER OPTIC NETWORK TO
STARING LAKE BUILDING
R. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUES 466.04
CITY COUNCIL AGENDA March 12, 2024
Page 3
IX. PUBLIC HEARINGS AND MEETINGS
A. EDEN PRAIRIE RIDGE (9740 EDEN PRAIRIE ROAD) by Pemtom Land Company. First reading of Ordinance for Zoning Change on 1.76 acres, Resolution for Preliminary Plat on 1.76 acres, Resolution for Park Dedication Fees.
B. ADOPT RESOLUTION APPROVING USE OF 2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS RECOMMENDED BY EDEN PRAIRIE HUMAN SERVICES REVIEW COMMITTEE
C. ADOPT RESOLUTION VACATING PART OF LOT 1, BLOCK 1, BURGER KING EDEN PRAIRIE ADDITION UTILITY EASEMENTS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. 2024 COMMISSIONS
B. 2024 COMMISSION CHAIRS AND VICE CHAIRS
C. 2024 BOARD OF APPEAL AND EQUALIZATION
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
A. CLOSED SESSION FOR THE CITY MANAGER PERFORMANCE
CITY COUNCIL AGENDA March 12, 2024
Page 4
REVIEW
XVI. ADJOURNMENT
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
March 12, 2024
DEPARTMENT / DIVISION:
Amy Markle, Director, Parks and Recreation
ITEM DESCRIPTION:
2024 winter quarter donations to the Parks and Recreation Department
ITEM NO.:
IV.A.
Requested Action
Move to: Adopt a Resolution accepting the following donations:
• $2,000 from the Lions Tap for P & R Special Events
• $500 from SW Transit for Senior Center special events
• $1,000 from Jay Lotthammer for the Senior Center garden area
• $300 from Home Instead Senior Care for Senior Center special events
• $400 from Wall Trends for the 3rd and 4th of July Hometown Celebration
• $250 from Hear Today for the Senior Center Veteran’s breakfast and monthly bingo
• $150 from St. Croix Hospice for Senior Center special events
• $450 from Landmark Tours for Senior Center special events
• $50 from Comfort Keepers for Senior Center summer bingo
• $150 from Choice Connections for Senior Center special events
• $50 from Mount Olivet Adult Day Services for Senior Center summer bingo Synopsis
Donations this quarter are for both Senior Center events and the garden, and Parks and Recreation special events including the 3rd and 4th of July Hometown Celebration. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological, and physical needs; enhance the visibility of older adults; and promote their
participation in all aspects of community life. The generous donations specific for the Senior
Center will be used to lower the cost of programming for participants making them low to no cost. All donations for Parks and Recreation special events will be used to enhance the events and
lower overall costs.
Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gifts to the City of $2,000 from the Lions Tap for 2024 Parks and Recreation Special Events Edina is hereby recognized and accepted by the Eden Prairie City Council.
The gifts to the City of $500 from SW Transit for 2024 Senior Center special events is hereby
recognized and accepted by the Eden Prairie City Council. The gifts to the City of $1,000 from Jay Lotthammer for the 2024 Senior Center garden area is hereby recognized and accepted by the Eden Prairie City Council.
The gifts to the City of $300 from Home Instead Senior Care for 2024 Senior Center special events is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $400 from Wall Trends for the 2024 3rd and 4th of July Hometown
Celebration is hereby recognized and accepted by the Eden Prairie City Council.
The gifts to the City of $250 from Hear Today for the 2024 Senior Center Veteran’s breakfast and monthly bingo is hereby recognized and accepted by the Eden Prairie City Council.
The gifts to the City of $150 from St. Croix Hospice for 2024 Senior Center special events is
hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $450 from Landmark Tours for 2024 Senior Center special events is hereby recognized and accepted by the Eden Prairie City Council.
The gifts to the City of $50 from Comfort Keepers for 2024 Senior Center summer bingo is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $150 from Choice Connections for 2024 Senior Center special events
is hereby recognized and accepted by the Eden Prairie City Council.
The gifts to the City of $50 from Mount Olivet Adult Day Services for Senior Center summer bingo is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 12th day of March, 2024.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ David Teigland, City Clerk
UNAPPROVED WORKSHOP MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 20, 2024 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 Amy Markle, 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. SOUTHWEST TRANSIT UPDATE 5:30 – 6:00 p.m.
Getschow introduced Eric Hansen, Southwest Transit CEO. Hansen explained Southwest Transit
reinvented its business model after employee work habits changed post-pandemic. Southwest
Transit serves under a joint powers agreement between Eden Prairie, Chanhassen, and Chaska.
Victoria, Carver, Edina, and Shakopee are also served under contract. Southwest Transit’s three
primary services include express downtown, on demand PRIME, and special event
transportation. Hansen explained 80 percent of PRIME riders begin or end their trip in Eden
Prairie. Over 446 thousand rides were provided in 2023, an increase of 20 percent from the
previous year. Ridership on the express bus downtown is four times lower than before the
pandemic. A 2023 community survey indicated riders have a generally favorable view of
Southwest Transit. Southwest Transit received a 92 percent positive rating during the State Fair.
Hansen explained Southwest Transit’s newly adopted strategic direction. Strategic priorities
include financial sustainability, premium customer experience, growth and innovation, and
community and people. Southwest Transit plans to enhance service in the City in the next two
years. A grant received from the Met Council will provide fixed route service along the 494
corridor from Southwest Station to the Minneapolis –St. Paul airport. Case inquired if Southwest
Transit is permitted to pick up customers in Bloomington. Hansen confirmed Southwest Transit
is permitted to pick up customers in Bloomington as they traveling back to Eden Prairie. Since
the 494 corridor fixed route service would start and end in Eden Prairie, no special approval is
needed.
Toomey asked if Southwest Transit is providing service to light rail stops. Hansen confirmed
Southwest Transit has received a grant to provide first and last mile service around Southwest
Light Rail Transit (SWLRT) stops. Ideally Southwest Transit and the SWLRT will have a
City Council Workshop Minutes February 20, 2024
Page 2
connected network within the City. Southwest Transit is researching providing service via
autonomous vehicles. Narayanan asked if the City needs to revise City Code governing
commercial driverless vehicles. Getschow stated they are governed at State level. Hansen
explained Southwest Transit is working with a company currently providing autonomous
commercial service in Grand Rapids.
Hansen explained PRIME will expand into Carver County, Minnetonka, and Hopkins in the
coming years. Southwest Transit will also expand special event service. Southwest Transit
provided transportation to a Minnesota Wild game for the first time in a partnership with the
Eden Prairie Hockey Association. Transportation to the Renaissance Festival will be provided
this year. Next year Southwest Transit will provide transportation to the State Fair every day.
Hansen stated Southwest Transit’s largest challenge is sustainable revenue. Most funding is
provided from motor vehicle sales taxes. The State legislature’s recent transportation sales tax
will provide $32 billion to the Met Council over the next 30 years. $9 million of that revenue has
been allocated to Suburban Transit Agencies, of which Southwest Transit received $3 million. If
that is the only funding provided, Suburban Transit Authorities would receive only 0.03 percent
of the $32 billion total raised. Toomey asked if the $9 million provided to Suburban Transit
Agencies is over the 30 year period. Hansen clarified the $9 million provided was a one-time
allocation. The new transportation sales tax does not provide a guaranteed stable revenue stream
in future years. As the sales tax is collected for purposes of transit, Suburban Transit Agencies
should be provided with a guaranteed revenue stream.
Hansen stated Southwest Transit’s plan is to be completely electric in the next few decades.
There are EV chargers in Chanhassen, which will soon be installed in Chaska and Eden Prairie.
Southwest Transit has three prime electric vehicles currently, and four electric busses are coming
in the fall. Narayanan encouraged Southwest Transit to educate customers on electric vehicles
(EV) and the soon to be deployed electric busses. Toomey asked if other cities use electric
busses. Hansen answered Rochester and Racine, Wisconsin use electric busses. Case stated his
assumption that the loss of ridership is not specific to Southwest Transit. Case asked if other
Suburban Transit Authorities are sharing ideas for how to restructure after the pandemic. Hansen
stated Southwest Transit’s ridership was heavily dependent on the express bus to Minneapolis
and more heavily suffered post pandemic compared to other transit authorities. Southwest
Transit is now the largest micro transit service in the State with 147 thousand rides in 2023. On
demand transit and autonomous vehicles are the future of public transportation.
Narayanan stated a need for a joint strategy between the City and Southwest transit for the
coming decades. Hansen noted transit planners are visiting Eden Prairie and surrounding cities
next week for a tour to help Southwest Transit prepare a strategic plan for the future of transit.
Case summarized a recent discussion he attended that theorized cars moving to a subscription
service in the future. Autonomous vehicles are safer compared to human drivers and will be
cheaper to insure. More drivers will opt for autonomous vehicles with cheaper insurance rates.
City Council Workshop Minutes February 20, 2024
Page 3
II. UNFI SITE 6:00 – 6:30 p.m.
Klima explained representatives from UNFI and CSM Corporation have a development proposal
to share for Council feedback. The proposed development is on the 46 acre vacant west parcel of
the UNFI campus. It is currently zoned office and rural and is guided for office, park/open space,
and medium high density residential. The UNFI campus constructed in the 1970s on the 61 acre
east parcel is the original and only development on this property. Environmental protections have
significantly strengthened since the 1970s. The west parcel has many protected natural features
including flood planes, wetlands, oak forest, lowland hardwood forest, and bluffs. Development
on the west parcel is limited at best, if not undevelopable per staff feedback. UNFI is looking to
obtain Council feedback on the proposal before significant time and money is invested.
Narayanan inquired if any residential homes are nearby. Klima stated the closest residential
homes are across Highway 494. There are also homes across Bryant Lake. Toomey inquired
what area of the western parcel would be developable. Klima stated the proposal is for the
intersection of Highway 494 and Valley View Road.
Bill Katter, CSM Corporation Special Consultant, stated this proposal is driven by the current
state of the Residence Inn at the intersection of Highway 494 and Flying Cloud Drive. The
existing hotel no longer meets Residence Inn brand standards due to building age and condition.
CSM is under contract to purchase the west parcel of the UNFI campus to construct a
replacement Residence Inn hotel, a freestanding restaurant, and an apartment building. The site
would need a comprehensive plan change and a zoning change from office to commercial. UNFI
would propose to move the current residential zoning south to enlarge the open space.
Katter explained the office market has significantly shrank since the pandemic. Over 30 office
campuses in the metro area will transition out of the current office space use. The proposal
would generate fewer traffic trips in both the peak morning and evening as compared to the
previous proposal of 128 thousand square feet of office space. The east parcel may be acquired
by the Eden Prairie School District, and traffic for a hotel and apartment would move in an
opposite pattern than school district traffic. Narayanan asked if commercial and residential
properties generate a similar amount of traffic trips. Ellis stated it depends on the type of
commercial, but he does not foresee traffic being an issue on this site. Hennepin County and
MnDOT would ideally agree to a full access road, but there may be a need for a cross access
easement if the traffic demonstrates need.
Katter stated the hotel contains 140 hotel rooms and would be five stories. There will be a
mixture of suite and conference room sizes. The apartment building would comprise two five
story buildings with a combined 320 units. The apartment building does intrude into the steep
slope area. The access road would be supported by a retaining wall. The proposed development
area contains 25 thousand caliper inches of existing trees, mostly in the site of the apartment
City Council Workshop Minutes February 20, 2024
Page 4
building. However more of the site would be preserved as public open space. The proposed
hotel, restaurant, and apartment building do not disrupt the shoreland buffer district. CSM is
hoping for Council feedback specifically on scope and density.
Toomey asked for the Police call rate on long term stay hotels. Sackett stated Police spends
slightly more time at long term stay hotels. It is largely dependent on clientele. Residence Inn
does have a lower Police call rate compared to other long term stay hotels. Toomey noted her
concern if the east parcel ends up as a school a long term stay on the west parcel would be too
close. Katter stated the hotel will be marketed mainly to business travelers.
John Ferrier, CSM Corporation Vice President of Architecture and Development Services,
explained the new development would have minimal view impacts to existing homes on Bryant
Lake. Narayanan inquired if there is a walkway from the hotel to the light rail. Ferrier answered
there is a path but it is too far to be walkable.
Katter stated the development is an opportunity to replace lost tax base. The hotel and restaurant
have nominal impacts to geographic features of the site and current traffic impacts. Although the
apartment building has a larger impact on geographic features, it’s a chance to provide affordable
units on a location without a visibility disruption to existing neighbors. Narayanan asked what
order the hotel, restaurant, and apartment building will be built. Katter confirmed all construction
will occur simultaneously. Narayanan asked how many apartment units would be affordable.
Katter stated around 60 of the 320 units would be affordable.
Freiberg explained his main concerns with the proposal are the large number of trees removed
and potential impacts to the bluffs. Toomey and Narayanan expressed they are comfortable with
the hotel piece. Case asked staff for their main concerns. Klima stated concerns largely focus on
natural features of the site including tree removal and impacts to bluffs and shorelands. More
information will be provided by soil tests and tree inventory. Getschow added the developer’s
due diligence procedures prior to building will show if the site is buildable or not. Case noted the
Council is amenable to the hotel and restaurant proposal. Narayanan asked if the apartment could
be constructed with more stories and a smaller footprint. Katter noted there is likely a thoughtful
way to design the apartment to have a smaller impact on the bluffs. The Council thanked the
presenters.
Open Podium - Council Chamber (6:30) III. OPEN PODIUM
IV. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 20, 2024 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 Amy Markle, 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 Kathy Nelson was absent. II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION Mayor Case thanked law enforcement and first responders for their service.
IV. PROCLAMATIONS / PRESENTATIONS A. WORDS IN ACTION AWARD PRESENTATION
Getschow introduced the item and invited Human Rights and Diversity Commissioners to present the awards.
Babar Kahn, Human Rights and Diversity Commissioner, explained the Martin Luther King, Jr., Day Words in Action Contest. Eden Prairie youth submitted
written or visual art pieces based on quotes from Dr. King. Participants reflected on the ways that they can continue to remember Dr. King and carry his legacy of racial justice forward.
Jude Kambal, Human Rights and Diversity Student Commissioner, introduced the three winners of the award. First was Itisha Budamagunta, a fourth grader from
Eagle Ridge Academy, in the visual art category. Ms. Budamagunta presented her art piece highlighting banned books to the Council. Amaya Demery, second grader from Cedar Ridge Elementary School, was the winner in the collage and video category. She shared her collage and song with
the Council.
CITY COUNCIL MINUTES February 20, 2024
Page 2
Akshaya Nakdakumar, sixth grader from Central Middle School, was the winner in the video category. Her video on Maya Angelou was presented to Council.
B. HUMAN RIGHTS AWARDS KICKOFF
Babar Kahn, Human Rights and Diversity Commissioner announced the opening of the nomination process for the Human Rights Awards. The goal of the Human
Rights Awards is to recognize an Eden Prairie individual, non-profit organization, business, or youth for their inspiring efforts to promote human rights and diversity and create an inclusive community spirit through action, activities or programs. C. ARBOR DAY PROCLAMATION
Case read a proclamation declaring April 27, 2024, as Arbor Day in the City of
Eden Prairie.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Narayanan, to approve the agenda as published.
Motion carried 4-0.
VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 6, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 6, 2024 MOTION: Toomey moved, seconded by Narayanan, to approve the minutes of the Council workshop held Tuesday, February 6, 2024, and the City Council
meeting held Tuesday, February 6, 2024, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. ALDEVRON APPROVE SECOND READING OF ORDINANCE NO. 02-2024-PUD-02-2024 FOR PUD DISTRICT REVIEW WITH WAIVERS ON 23
ACRES, ADOPT RESOLUTION NO. 2024-022 FOR SITE PLAN ON 23 ACRES, APPROVE DEVELOPMENT AGREEMENT
C. ADOPT RESOLUTION NO. 2024-023 APPROVING FINAL PLAT OF KINSLEY TOWNHOMES
D. ADOPT RESOLUTION NO. 2024-024 TO UPDATE CITY’S PRIORITIZED
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BRIDGE REPLACEMENT LIST
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH APEX FACILITY SOLUTIONS FOR FIRE 1 HVAC
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BAKER TILLY MUNICIPAL ADVISORS, LLC, FOR POST COMPLIANCE ISSUANCE SERVICES
G. APPROVE QUOTE AND AUTHORIZE PURCHASE AND IMPLEMENTATION OF UPS BATTERY BACKUP FOR CITY CENTER DATA CENTER FROM 2N SYSTEMS
H. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH PLAYPOWER LT FARMINGTON, INC., FOR PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT HIGH TRAIL
ESTATES PARK
I. APPROVE CONTRACT FOR GOODS AND SERVICES WITH TREE TRUST FOR FACILITATING THE ARBOR DAY TREE SALE
J. APPROVE CONTRACT SERVICES AGREEMENT WITH SHAKOPEE MDEWAKANTON SIOUX COMMUNITY’S ORGANICS RECYCLING
FACILITY FOR 2024 MOSS SITE WOOD GRINDING
MOTION: Narayanan moved, seconded by Toomey, to approve Items A-L on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan,
Toomey and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
CITY COUNCIL MINUTES February 20, 2024
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C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR 1. MILLER PARK COURT COMPLEX PROJECT
Getschow introduced the topic and pointed out the Council’s familiarity
with the project. Staff recommends entering into an amended professional
services agreement with ISG for development of design and construction documents for the Miller Park Outdoor Court Complex Project. Markle pointed out the Parks and Recreation Department has researched,
discussed, and presented several options for athletic court renovation at
Miller Park over the past two years. The existing courts are at the end of their useful life and need replacement. Options have included both indoor and outdoor designs with benefits and challenges to each. After several City Council work sessions and Parks and Recreation Natural Resources
Commission meeting discussions, a direction of pursuing an outdoor
facility has been recommended. The benefits of an outdoor court complex include a wider variety of courts therefore appealing to a broader reach of residents and youth summer camp participants, cost-effective, less staff intensive to operate and maintain, decrease in long-term capital costs,
high-level of private industry success in regional indoor pickleball
facilities, and the increase of outdoor playtime due to lit courts. Markle explained the proposed project would replace the existing tennis and basketball courts with an outdoor court complex that would include
eight pickleball courts, one tennis court, and one basketball court to meet
community needs in consideration of regional trends. She showed an aerial overview of the project. Markle noted there will be adjacent seating areas, landscaping, parking improvements, and lights to enhance the facility and participant experience. The parking will still be to the west of
the complex.
Markle added the project is estimated to cost around $2 million which will come from park dedication fees. The scope and cost for these services are in line with similar projects of this size and ISG has performed similar
work within our park system and surrounding communities, so Staff feels
very comfortable recommending them for this project. Narayanan asked how Eden Prairie compares to other cities in terms of the number of pickleball courts. Markle stated she knows Richfield has a
smaller population but had 16 pickleball courts. Eden Prairie has almost
double that amount.
CITY COUNCIL MINUTES February 20, 2024
Page 5
Case noted it is important to consider the surrounding communities’ offerings as residents may travel to other cities to use courts. Also, while there may be indoor court offerings, there is the issue of equity to consider.
Down the line, the City may need to consider the range of pickleball
players’ abilities. Narayanan stated it is too late in the process to track the pickleball offerings in other communities. Markle offered to do internal tracking of
facility and park usage. There is new software to help with the
calculations. Case clarified he wanted to know the surrounding court numbers to determine if Eden Prairie is acting as a catchall for courts. Narayanan
suggested there be an effort to prioritize use of the courts for residents.
Case stated that could be a programmatic discussion later on. MOTION: Narayanan moved, seconded by Freiberg, to authorize First Amendment to Standard Agreement for Professional Services with ISG,
Inc. for Design Phase Services for the Miller Park Outdoor Court
Complex. Motion carried 4-0. 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: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 7:46 p.m. Respectfully submitted,
________________________ Sara Aschenbeck, Administrative Support Specialist
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Gambling/Bingo Organization: Eden Prairie Chamber of Commerce Place: Fat Pants Brewing
8335 Crystal View Road
Date: April 18, 2024 Gambling/Bingo Organization: Minnesota Thunder Academy
Place: Winter Park Training Facility
9520 Viking Drive Date: April 21, 2024 Gambling/Bingo
Organization: Eden Prairie Lions Club
Event: Schooner Days Place: Round Lake Park 16691 Valley View Road Date: May 31 – June 2, 2024
Gambling/Raffle Organization: Eden Prairie Lions Club Place: Bent Creek Golf Club 14490 Valley View Road
Date: August 5, 2024
Temporary On-Sale Liquor Organization: City of Eden Prairie Event: Board & Commission Banquet Date: May 16, 2024
Place: Garden Room
8080 Mitchell Road Temporary On-Sale Liquor Organization: Eden Prairie Noon Rotary
Event: Rib Fest / Jazz on the Prairie
Date: June 9, 2024 Place: Staring Lake Park 14800 Pioneer Trail
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Preserve Village Chipotle
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve the 2nd Reading of Ordinance for Planned Unit Development District Review on 9.08 acres
• Adopt a Resolution for Site Plan Review on 9.08 acres; and
• Approve the Development Agreement for Preserve Village Chipotle Synopsis
This is the final reading for Preserve Village Chipotle. The applicant is requesting approval to construct an approximately 2,300 square foot Chipotle restaurant with a drive thru lane in the northeast portion of the parking lot at 9605 Anderson Lakes Parkway. The drive-thru lane will serve online order pick-ups only; no orders will be taken from the drive-thru. Customers may also choose to order inside for carry-out or dine-in. The building materials exceed the minimum
requirements and complement the existing buildings on the site. Proposed parking on the site is consistent with City Code requirements for shared parking, based on the parking study provided. The Development Agreement will supersede all previous agreements for the property. This was done to create one (1) document that speaks to all three (3) buildings rather than the existing
multiple agreements and amendments. All approvals from previous agreements have been incorporated into this Development Agreement, including those that do not impact the current development proposal, such as previously approved Planned Unit Development waivers. The 120-day review period expires on March 12, 2024. Background The 1st reading for this project was held at the February 6, 2024, City Council meeting. Attachments
1. Ordinance for PUD District 2. Summary of Ordinance 3. Resolution for Site Plan 4. Development Agreement
PRESERVE VILLAGE CHIPOTLE
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-2024
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the designation of the land be amended within the C-COM Zoning District as -2024-PUD-_-2024 (hereinafter "PUD-_-2024”).
Section 3. The City Council hereby makes the following findings:
A. PUD-_-2024 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2024 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-_-2024 are justified by the design of the
development described therein.
D. PUD-_-2024 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the C-COM Zoning District as Planned Unit Development PUD-_-
2024 and the legal descriptions of land in each district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 12, 2024 entered into between Preserve Village,
LLC, a limited liability company, and the City of Eden Prairie (hereinafter “Development
Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2024, and are hereby made a part hereof.
Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
6th Day of February, 2024, 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 12th day of March, 2024.
ATTEST:
__________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2024.
EXHIBIT A
PUD Legal Description Lot 1, Block 1, GARRISON FOREST FIFTH ADDITION, according to the duly recorded plat thereof, Hennepin County, Minnesota.
PRESERVE VILLAGE CHIPOTLE
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF
ORDINANCE NO. __-2024-PUD-__-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning designation of land
located within the C-COM Zoning District within 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:
__________________________ ________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______________________, 2024. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR PRESERVE VILLAGE CHIPOTLE BY SAMBATEK, INC. WHEREAS, Sambatek, Inc, has applied for Site Plan approval of Preserve Village Chipotle to construct a fast-food restaurant with drive-thru lane; WHEREAS, zoning approval for the fast-food restaurant with drive-thru was granted by an Ordinance approved by the City Council on February 6, 2024; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 8, 2024 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
February 6, 2024 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in
Exhibit A attached hereto is granted to Sambatek, Inc. subject to the Development Agreement
between Preserve Village, LLC, a limited liability company and the City of Eden Prairie, reviewed and approved by the City Council on March 12, 2024.
ADOPTED by the City Council of the City of Eden Prairie this ___ day of ____________, 2024.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
EXHIBIT A
Site Plan
Legal Description: Lot 1, Block 1, GARRISON FOREST FIFTH ADDITION, according to the duly recorded plat thereof, Hennepin County, Minnesota.
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Preserve Village Development Agreement
DEVELOPMENT AGREEMENT
Preserve Village
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of
__________, 2024, by Preserve Village LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as “City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 9.08 acres, Planned Unit Development District Review on 9.08 acres, and Site Plan Review on 9.08 acres, (the “Applications”), for real property legally described on Exhibit A (the
“Property”); WHEREAS, Developer, or Developer’s predecessors-in-interest, and City have previously entered into the following agreements pertaining to the Property:
• Developer’s Agreement dated August 7, 1979, recorded with the Hennepin County Recorder on February 4, 1980 as Document No. 4541811;
• Supplement to Developer’s Agreement dated August 7, 1979, recorded with the Hennepin County Recorder on February 4, 1980 as Document No. 4541812;
• Supplement to Developer’s Agreement dated February 3, 1988;
• Supplement to Developer’s Agreement dated September 5, 1995;
• Developer’s Agreement dated April 1, 1997; and
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Preserve Village Development Agreement
• Development Agreement dated May 15, 2018, recorded with the Hennepin County Recorder on May 18, 2018 as Document No. 10555079.
(the “Prior Development Agreements”); WHEREAS, the Prior Development Agreements addressed the construction of the two existing buildings on the Property: the Preserve Village Mall which currently contains Jerry’s
Foods, Jerry’s Hardware, and other businesses (“Preserve Village Mall”), and the retail building that currently includes Starbucks Coffee and other businesses (“Starbucks Building”); and WHEREAS, this Agreement will provide for the development of a new building to be constructed in the northeast corner of the Property that is proposed to be occupied by Chipotle (the
“Chipotle Project” or the “Chipotle Building”), in addition to providing for the continuing applicability of the prior approvals for the entire Property, including the Preserve Village Mall and the Starbucks Building. NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for Planned Unit Development Concept Review and Resolution No. ____________ for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PRIOR DEVELOPMENT AGREEMENTS: This Agreement supersedes and replace in
their entirety the Prior Development Agreements as they apply to Lot 1, Block 1, Garrison Forest Fifth Addition. 2. PLANS: Developer must develop the Chipotle Project in conformance with the materials revised and stamp dated February 1, 2024, reviewed and approved by the City Council on
February 6, 2024, identified on Exhibit B, and continue to maintain and operate the Property in accordance with the plans approved for the Preserve Village Mall and Starbucks Building that are also identified on Exhibit B (collectively, the “Plans”), subject to such changes and modifications as provided herein.
3. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 4. EXTERIOR MATERIALS: As part of the building permit application materials, Developer must submit to the City Planner, and receive the City Planner’s written approval
of a plan depicting exterior materials and colors to be used on the buildings on the Chipotle Project consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Chipotle Project, Developer must complete implementation of the approved exterior materials and colors plan in accordance
with the terms and conditions of Exhibit C.
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Preserve Village Development Agreement
5. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Chipotle Project, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan for the
Chipotle Project. The final grading and drainage plan must be prepared and
properly signed by a currently licensed Professional Civil Engineer hired by the Developer. The final grading and drainage plan must include: 1. Wetland information, including wetland boundaries, wetland buffer strips and
wetland buffer monument locations;
2. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary, temporary, and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store
stormwater (“Stormwater Facilities”); and
3. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all
land alteration, grading and/or filling permit applications as described below and in
accordance with City Code: 1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map;
2. Logs for geotechnical borings and/or infiltration tests within the footprint of all proposed permanent stormwater management BMPs. Geotechnical borings must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or
infiltration tests are more restrictive than the assumptions made in the
Stormwater Management Report, the design of the permanent stormwater management BMPs must be amended accordingly and an updated Stormwater Management Report must be provided.
3. Financial security in the form of a bond, cash escrow, or letter of credit, equal
to 125% of the cost of the improvements to be made pursuant to the permit, in a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”);
4. At the request of the City Engineer, a maintenance and monitoring plan must
be submitted for all privately owned Stormwater Facilities to ensure they
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Preserve Village Development Agreement
continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”).
The Maintenance and Monitoring Plan must include, at a minimum:
a) The party(s) responsible for maintenance; b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures;
e) Frequency of inspections;
f) Sweeping frequency for all parking and road surfaces (if applicable); g) Plans for restoration or repairs (including reduced infiltration when applicable); h) Performance standards; and
i) Corrective actions that will be taken if the stormwater facility(s) does not
meet performance specifications. 5. Documentation establishing that any Stormwater Facilities constructed and installed under a structure are designed in conformance with the standards
outlined in the Minnesota Stormwater Manual published by the Minnesota
Pollution Control Agency (the “Minnesota Stormwater Manual”). The underground system must be kept off-line until construction is complete; 6. Erosion and sedimentation control plan;
7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit; and 8. Infiltration Practices: All proposed practices, measures and methods must be in
accordance with the Minnesota Stormwater Manual. For land alteration permit
applications for projects that incorporate infiltration practices as part of the Stormwater Facility, this includes but is not limited to: a) Construction management practices that will be used to ensure the
infiltration system(s) will be protected during construction and functional
after completion of construction; b) Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction; c) Proposed infiltration volumes in cubic feet and rates in inches per hour;
d) Methods that will be used for field verification of infiltration for
stormwater infiltration systems; e) Methods that will be used to assure that infiltration is restored, if needed; f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration area(s);
g) Vehicular access and parking routes (must not be allowed within the
infiltration area(s)); and
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Preserve Village Development Agreement
h) Construction techniques that will be used to protect the infiltration capacity by limiting soil compaction the greatest extent possible,
including use of erosion control fencing to delineate the infiltration area
and use of low-impact earth moving equipment. C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the
final grading plan or another licensed professional qualified to perform the work
(to be approved in writing by the City Engineer) to complete the following: 1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Storm Water
Manual, and the SWPPP.
2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the City’s web-based erosion and sediment control permit tracking program
(currently PermiTrack ESC). Inspections must be conducted at least bi-weekly
between April 1 and October 31 and after precipitation events exceeding 0.5 inches. Routine inspections may be conducted by an individual who is certified in accordance with MPCA requirements.
D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be
maintained by the Developer during construction and for a minimum of two (2) full growing seasons after City acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with the land alteration permit and City Code Section 11.55, Subd. 7. If the
Stormwater Facilities are not functioning as designed at the end of the minimum 2-
year period, the City Engineer may extend the Developer’s maintenance responsibility or require further repairs. Once the minimum 2-year period has been reached or the City has determined that
the Stormwater Facilities conform to the design criteria established in the land
alteration permit and the SWPPP, whichever is longer, the then-current owner of the Property will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there is a drainage easement present over the Stormwater Facility(s), the easement holder
will be responsible for inspections and maintenance.
Prior to the release of the Land Alteration Permit Security, an Inspection and Maintenance Agreement for Private Stormwater Facilities (Exhibit D) must be recorded for privately owned and maintained Stormwater Facilities. Developer
must show proof that the agreement has been recorded.
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Preserve Village Development Agreement
Pervious surfaces must be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the stormwater
infiltration systems.
E. LAND ALTERATION PERMIT FINANCIAL SECURITY RELEASE: Prior to release of the Land Alteration Security, Developer must complete implementation of the approved SWPPP. Any remaining Land Alteration Security
must be released to the person who deposited the Land Alteration Security upon
determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed. 6. HOURS OF OPERATION: Owner shall not, and shall not permit others, to deliver or
pick-up from the Preserve Village Mall any goods, inventory, refuse, garbage, or other
materials between 11 pm and 6 am, except pick-up by customers during business hours and necessary standard maintenance, such as snow removal. 7. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to
the City Planner and receive the City Planner’s written approval of a plan for irrigation of
the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks. Developer must complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C.
8. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of a land alteration permit, the Developer must submit to the City Planner and receive the City Planner’s written approval of an executed landscape agreement and a final landscape or tree
replacement plan for the Chipotle Project. The approved landscape or tree replacement plan
must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. The approved landscape or tree replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-
foot minimum height for conifer trees. The approved landscape or tree replacement plan
must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to land alteration permit issuance, Developer must also submit to the City Planner
and receive the City Planner's written approval of a security in the form of a cash escrow
or letter of credit equal to 150% of the cost of the tree and landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all
plantings and inspection by the City. A growing season is the part of the year during
which rainfall and temperature allow plants to grow (approximately April-October).
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Preserve Village Development Agreement
The installation must conform to the approved landscape or tree replacement plan including
but not limited to the size, species and location as depicted on the Exhibit B Plans. Any
changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in
accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape
Security will be released in accordance with the terms of the landscape agreement. 9. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment”
includes gas meters, electrical conduits, water meters, and standard heating, ventilating,
and air-conditioning units. Financial security to guarantee construction of such screening is included with the Landscape Security. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer
must take corrective action to reconstruct the mechanical equipment screening in order to
cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the Landscape Security until Developer completes all such corrective measures. 10. MORTGAGEE CONSENT AND SUBORDINATION: For the mortgage lien recorded
against the Property in favor of Swiss RE Life & Health America, Inc., and any other
mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City a mortgagee consent and subordination in a form attached hereto and approved by the City and attach the executed form to the Agreement submitted for recording.
11. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include but are not necessarily limited to the following: the
Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley
Purgatory Bluff Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, and Hennepin County. The City Planner may determine that conditions of approval required by the Riley
Purgatory Bluff Creek Watershed District require changes to the City approvals granted
with this Agreement which may entail additional City review, including public hearing(s)
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Preserve Village Development Agreement
for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees
to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the
additional review. 12. OUTDOOR SALES: All outdoor display and sales for any business located on the Property must comply with the requirements of City Code..
13. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory, or refuse. 14. PEDESTRIAN CONNECTION: Developer shall provide pedestrian connections
between: (1) the Preserve Village Mall and the Starbucks Building; and (2) the Preserve
Village Mall and the Chipotle building identified in the Plans. The location and the construction material shall be subject to the City Planner’s approval and shall be installed as depicted in the Exhibit B Plans.
16. PUD WAIVERS: The City previously granted the following waivers to City Code
requirements within the Community Commercial Zoning District through the Planned Unit Development District Review for the Property. These waivers are incorporated as part of PUD___________:
1. Two free standing signs not to exceed 80 and 36 square feet in area to one free
standing sign not to exceed 116 square feet in area. 2. Front yard setback waiver from 35 to 30 feet for structure 3. Front yard setback waiver from 35 to 30 feet for parking
The City also granted a waiver in 2018 at the time of development of the Starbucks
Building to reduce the required number of parking stalls from 433 to 378. Due to subsequent City Code amendments since that time, the Property is now in compliance with parking requirements based on the Plans, and this waiver is no longer applicable or necessary. Parking on the Property is further subject to the requirements of Paragraph 18.
17. RETAINING WALLS: All maintenance and repair of all retaining walls on the Property are the responsibility of the Developer, its successors and assigns. 18. SHARED PARKING, ACCESS AND MAINTENANCE AGREEMENT:
Developer and City acknowledge that parking spaces proposed for the Property, depicted
in the Plans and detailed with the parking study provided in Exhibit B of this Agreement, are designated for use by all tenants and uses located on the Property. The parking study details that there will be sufficient parking on the site for the proposed mix of uses, all permitted in the C-COM zoning district, with complementary peak times of the uses. It is
the responsibility of the Developer to manage tenants and uses to ensure sufficient parking
onsite consistent with City Code requirements.
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If, after completion of construction of the Chipotle Project, it is determined by the City
Engineer, in their sole discretion, that the provided parking is not sufficient to meet the
needs of the site or the mixture of uses on the Property, then the City Engineer will notify Developer of the issues and deficiencies. Potential issues and deficiencies may include, but are limited to:
• Overflow of parking into public right-of-way;
• Overflow parking into adjacent private property;
• Any queuing of vehicles in entrances resulting in backups onto Hennepin Town Road or Anderson Lakes Parkway;
• Multiple complaints to the City from users of the parking lot; or
• Internal parking lot challenges (e.g. difficult maneuverability, accidents, excessive queuing).
If these or any other parking issues or deficiencies are identified, the City Engineer may
require the Developer to complete another parking study at Developer’s sole cost and expense. If the study shows that parking surplus is less than 15% of the total spaces, corrective action will be required to remedy the deficiencies. Developer must comply with all requirements contained in the City Engineer’s notification and follow the
recommendations of any new parking study as approved by the City Engineer.
19. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction, and location of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 20. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole
lighting must not exceed 25 feet in height. A three (3) foot base is permitted for a total of
28 feet in height. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property. 48. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling,
and organic waste bins or receptacles will at all times be located inside of the buildings or
enclosures as depicted on the Plans. 49. TRASH ENCLOSURE: The trash enclosure(s) must be constructed with the materials as depicted in Exhibit B to match the building, include a roof, and include gates that
completely screen the interior of the enclosure. Developer must complete the trash enclosure prior to issuance of any occupancy permit for the Property. 55. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the
Property Owner and any agents, tenants, or contractors employ best management practices
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to minimize the discharge of polluted runoff from salt storage and:
1. The designated salt storage area is indoors;
2. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented.
Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate.
Snow must not be stored in any required parking or stormwater treatment areas. If the
Property does not provide adequate snow storage areas, the Developer and/or Owner must remove the snow from the Property.
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IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case Its Mayor
By____________________________
Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 2024, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
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Preserve Village Development Agreement
Preserve Village, LLC. By ________________________________ Its ________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2024, by _______________________________________, the , of ________________, a _______________________, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344
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EXHIBIT A
Preserve Village Development Agreement
Legal Description Lot 1, Block 1, Garrison Forest Fifth Addition
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EXHIBIT B
Preserve Village Development Agreement
Chipotle Plans Architectural Elevations dated 12/18/2023 by Wilkus Architects Floor Plan dated 12/19/2023 by Wilkus Architects
Trash Enclosure Elevations dated 1/8/2024 by Wilkus Architects Title Sheet dated 11/08/2023 by Sambatek, Inc. Existing Conditions dated 11/08/2023 by Sambatek, Inc. Demolition Plan dated 11/08/2023 by Sambatek, Inc. Site Plan dated 11/08/2023 by Sambatek, Inc.
Snow Site Plan dated 11/03/2023 by Sambatek, Inc. Grading Plan and Notes dated 11/08/2023 by Sambatek, Inc. Erosion Control Phase One Plan, Notes, and Details dated 11/08/2023 by Sambatek, Inc. Erosion Control Phase Two Plan, Notes, and Details dated 11/08/2023 by Sambatek, Inc. Utility Plan and Details dated 11/08/2023 by Sambatek, Inc.
Tree Preservation Plan dated 11/08/2023 by Sambatek, Inc. Landscape Plan, Details, and Notes dated 11/08/2023 by Sambatek, Inc. Photometric Plan dated 11/15/2023 by LSI Corp. Application Narrative dated 11/08/2023 by Sambatek, Inc. Preserve Village Infill Development Parking Study dated 7/05/2023 by Transportation
Collaborative & Consultants, LLC. Preserve Village Infill Development Traffic Study dated 7/05/2023 by Transportation Collaborative & Consultants, LLC. Preliminary Stormwater Management Plan dated 11/08/2023 by Sambatek, Inc. Tenant Hours of Operation provided dated 11/09/2023 by Sambatek, Inc.
Turning Movements dated 11/08/2023 by Sambatek, Inc. Starbucks Plans Preliminary Plat dated 4/25/2018 by Sambatek Site Plan dated 4/25/2018 by Sambatek
Grading Plan dated 4/25/2018 by Sambatek Overall Grading Plan dated 4/25/2018 by Sambatek Phase I Erosion Control Plan dated 4/25/2018 by Sambatek Phase II Erosion Control Plan dated 4/25/2018 by Sambatek Erosion Control Notes & Details dated 4/25/2018 by Sambatek
SWPPP Narrative 4/25/2018 by Sambatek SWPPP Narrative 4/25/2018 by Sambatek Utility Plan dated 4/25/2018 by Sambatek Sanitary Sewer Plan 4/25/2018 by Sambatek Storm Sewer Profile dated 4/25/2018 by Sambatek
Details dated 4/25/2018 by Sambatek Details dated 4/25/2018 by Sambatek
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Details dated 4/25/2018 by Sambatek Landscape Plan dated 4/25/2018 by Sambatek
Landscape Details dated 4/25/2018 by Sambatek
Floor Plan and Exterior Elevations dated 4/25/2018 by Architectural Consortium, LLC Preserve Village Grocery Plans Utilities Plan dated 2/28/1997 by Dovolis, Johnson & Ruggieri, Inc.
Landscape Plan dated 2/28/1997 by Dovolis, Johnson & Ruggieri, Inc.
Floor Plan dated 2/28/1997 by Dovolis, Johnson & Ruggieri, Inc. Proposed Exterior Elevations dated 2/28/1997 by Dovolis, Johnson & Ruggieri, Inc. Preserve Village Elevations dated 7/29/1997 by Dovolis, Johnson & Ruggieri, Inc Retaining Wall Revision dated 3/31/1997 by Alliant Engineering, Inc.
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Preserve Village Development Agreement
EXHIBIT C
Preserve Village Development Agreement
1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized
by the City Planner. The final plat will not be released until recording of the Development Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer.
2. Prior to release of the final plat, Developer must submit public infrastructure plans to the
City Engineer for approval (1” = 50’ scale).
3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows:
a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed
Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney
establishing Marketable Title. The City, at its discretion, may require Developer to
provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance.
b. That Developer has not used, employed, deposited, stored, disposed of, placed, or
otherwise allowed to come in or on the Dedicated or Conveyed Property, any
hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat. § 115B.01, et. seq. (“Hazardous Substances”).
c. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property,
any Hazardous Substances.
d. That no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances.
Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns,
against any and all loss, costs, damage, or expense, including reasonable attorneys fees,
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Preserve Village Development Agreement
that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which
were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed
of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 4. Developer must submit detailed construction and storm sewer plans to the relevant
Watershed District for review and approval. Developer must follow all rules and
recommendations of said Watershed District.
5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property.
6. The City will not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property.
7. Prior to release of the first building permit for the Property, and for any subsequent building
permit for the Property if required by the City in its sole discretion, Developer must submit
to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots, location of walks, trails,
and any property deeded to the City.
8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access
charge (WAC), park dedication, and other applicable fees. Developer must contact the
Metropolitan Council to determine the number of SAC units.
9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division.
10. Prior to building permit issuance and except as otherwise authorized in the approved Plans,
any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division.
11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan
completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building
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Preserve Village Development Agreement
locations and all proposed streets, with approved street names, lot arrangements, and property lines.
12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement
and all approvals listed above were approved.
13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property.
14. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to
constitute any person as a third-party beneficiary of the Agreement or of any one or more
of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement.
15. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer
violates, or fails, or refuses to perform any covenant, condition, or provision of this
Agreement, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or
revoke any approvals granted by the City. No remedy conferred in this Agreement is
intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy.
16. No failure of the City to comply with any term, condition, or covenant of this Agreement
will subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment may be levied upon or collected from the general credit, general fund or taxing powers of the City.
17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
18. The Developer grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement.
19. Developer will pay upon demand to the City all costs incurred by the City in conjunction
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Preserve Village Development Agreement
with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering,
planning and financial, in review, investigation, administering and processing the
Applications and implementation of the approvals granted by the City.
20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security ( “Security”) is required if the
Developer defaults with respect to any term or condition in this Agreement for which
Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges
that the City does not assume any obligations or duties of the Developer with respect to
any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City.
The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this
Agreement or if the Security lapses prior to the end of the required term.
If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a
claim against the Security as appropriate. If the City draws down or makes a claim against
the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement.
21. In the event of a violation of City Code relating to use of the Property and construction
thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this
Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee.
22. Developer will release, defend, and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, demands, lawsuits, complaints,
loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures
to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its
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Preserve Village Development Agreement
responsibilities to release, defend, and indemnify because of any inspection, review, or approval by City.
23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances.
24. Developer agrees that the Property will be operated in a manner meeting all applicable
noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation of applicable laws or regulations.
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EXHIBIT D Preserve Village Development Agreement
INSPECTION AND MAINTENANCE AGREEMENT FOR
PRIVATE STORMWATER FACILITIES
This Inspection and Maintenance Agreement (“Agreement”) is made and entered into this ___ day
of , of the year, 2024, by and between Preserve Village LLC, a limited liability company, its
successors and assigns (hereinafter called the “Owner”, whether one or more) and the City of Eden
Prairie, a Minnesota municipal corporation (hereinafter called “City”).
WITNESSETH, that
WHEREAS, the City is required by federal and state surface water quality regulations and its
National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer
System (MS4) permit to prevent surface water quality degradation from development and
redevelopment activities within its jurisdiction;
WHEREAS, the City has adopted stormwater regulations as required by the MS4 permit and such
regulations are contained in Section 11.55 of the Eden Prairie City Code;
WHEREAS, a structural stormwater Best Management Practice (BMP) is defined in the MS4
General Permit as "a stationary and permanent BMP that is designed, constructed and operated to
prevent or reduce the discharge of pollutants in stormwater.” These may include, but are not
limited to green roofs, permeable pavement, bioretention basins, rain gardens, infiltration basins,
sand filters, stormwater ponds, manufactured treatment devices, and structures that perform
chemical treatment of stormwater;
WHEREAS, “structural stormwater BMPs” are called “stormwater facilities” in Section 11.55,
Subd. 2 of Eden Prairie City Code;
WHEREAS, the Owner is the fee owner of real property located at 9605 Anderson Lakes Pkwy
(PID 24-116-22-44-0095) and legally described on the attached Exhibit A (“Property”);
WHEREAS, the Owner has constructed or will construct certain stormwater facilities on the
Property that have been approved by the City in accordance with City Code;
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WHEREAS, some or all of the stormwater facilities on the Property serve private property and are
not owned, operated or maintained by the City (“Private BMPs”). A drawing showing the general
area of Private BMPs is attached to this Agreement as Exhibit B for ease of identification;
WHEREAS the City’s MS4 Permit requires the City to have an executed legal mechanism for the
inspection and maintenance of Private BMPs.
NOW, THEREFORE, in consideration of the benefits received by the Owner as a result of the
approval by the City, the Owner does hereby covenant and agree with the City as follows:
1. The Owner will provide long-term maintenance and continuation of the Private BMPs
identified in Exhibit B, to ensure that all Private BMPs are and remain in proper working
condition in accordance with the original design specifications. The Owner must perform
inspection and maintenance activities utilizing the checklists provided in Exhibit C (or
similar, approved in advance by City staff), as well as the recommendations set forth in the
Minnesota Stormwater Manual.
2. Following final acceptance of the construction by the City, the Owner must maintain a copy
of this Agreement on site, together with a record of all inspections and maintenance actions
required by this Agreement. The Owner must document the inspections, remedial actions
taken to repair, modify or reconstruct the system, the state of the Private BMPs, and notify
the City of any planned change in ownership or management of the system.
3. All Private BMPs must undergo, at a minimum, one (1) inspection annually for two (2)
years after completion and final acceptance of the construction. After two (2) annual
inspections are approved by the City in writing, all private BMPs must undergo, at a
minimum, one (1) inspection every five (5) years to document maintenance and repair needs
and ensure compliance with the requirements of this Agreement and all federal, state and
local regulations. An inspection report for each inspection must be filed with the City
through its website within ninety (90) days of the inspection. The inspection frequency may
be increased as deemed necessary by the City to ensure proper functioning of the Private
BMPs.
4. If the City’s NPDES permit is revised in a way that directs the City to manage stormwater
treatment systems differently than specified in this agreement, the direction of the NPDES
permit will supersede and override the provisions of this Agreement.
5. The Owner hereby grants permission to the City, its authorized agents, contractors, and
employees the right of ingress, egress and access to enter the Property at reasonable times
and in a reasonable manner for the purpose of inspecting Private BMPs. The Owner hereby
grants to the City the right to enter the Property to install and maintain equipment to monitor
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or test the performance of the Private BMPs for quality and quantity upon reasonable notice
to the Owner. Whenever possible, the City will notify the Owner prior to entering the
Property and will use its best efforts not to disturb the Owner’s use and enjoyment of the
Property while conducting such inspections.
6. In the event the City determines that the Private BMPs are not being maintained in good
working order, the City will give written notice to the Owner to repair, replace, reconstruct
or maintain the Private BMPs within a reasonable time, not to exceed 30 days. If the Owner
fails to comply with the City’s notice within the time specified, Owner authorizes the City
or its agents to enter the Property to repair, reconstruct, replace or perform maintenance on
the Private BMPs at the Owner’s expense. It is expressly understood and agreed that the
City is under no obligation to maintain or repair any Private BMPs, and in no event will this
Agreement be construed to impose any such obligation on the City.
7. In the event the City, pursuant to this Agreement, performs work of any nature on Private
BMPs on the Property, or expends any funds in the performance of said work for labor, use
equipment, supplies, materials, and the like, the Owner will reimburse the City upon
demand, within thirty (30) days of receipt of written request for reimbursement for all costs
incurred by the City. If the City has not received payment from the Owner by the end of the
thirty (30) day period, the City may use any other remedies available by law to collect the
amount due from the Owner, and may also recover and collect from Owner the reasonable
expenses of collection, including court costs, and attorney fees.
8. It is the intent of this Agreement to assure the City of proper maintenance of Private BMPs
on the Property by the Owner; provided, however, that this Agreement will not be deemed
to create or affect any additional liability of any party for damage alleged to result from or
be caused by the Private BMPs or stormwater management practices on the Property.
9. The Owner and the Owner’s heirs, executors, administrators, assigns, and any other
successors in interest, will indemnify and hold the City and its agents and employees
harmless for, and defend against at its own expense, any and all damages, accidents,
casualties, occurrence, claims, and expenses, including reasonable attorney’s fees, which
might arise or be asserted, in whole or in part, against the City from the construction,
presence, existence, or maintenance of the Private BMPs subject to this Agreement. In the
event a claim is asserted against the City, its officers, agents or employees, the City will
notify the Owner, who must defend at Owner’s expense any suit or other claim against the
City with counsel acceptable to the City.
10. No waiver of any provision of this Agreement will affect the right of any party to enforce
such provision or to exercise any right or remedy available to it in the event of another
party’s default.
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11. The Owner must record this Agreement with the Hennepin County Recorder and/or
Registrar of Titles’ Office, as appropriate. This Agreement constitutes a covenant running
with the land and will be binding upon the Owner and the Owner’s heirs, administrators,
executors, assigns, and any other successors in interest to the Property.
12. The Owner must have the Private BMPs inspected in accordance with Section 11.55 of City
Code and certify to the City that the constructed facilities conform to the approved
stormwater management plan for the Property. If the constructed condition of the Private
BMP or its performance varies significantly from the approved plan, appropriately revised
calculations must be provided to the City and the plan must be amended accordingly.
13. The Owner agrees that for any Private BMPs to be maintained by a property owner’s
association, deed restrictions and covenants for property included in the association will: (a)
include mandatory membership in the property owner’s association responsible for
providing maintenance of the Private BMPs; (b) require the association to maintain the
private BMPs; (c) prohibit termination of this maintenance responsibility by unilateral action
of the association; and (d) provide for unpaid dues or assessments to constitute a lien upon
the property of individual owners within the association upon recording a notice of non-
payment.
14. This Agreement must be re-approved and re-executed by the City if all or a portion of the
Property is subdivided or assembled with other property or if Private BMPs or their drainage
areas are modified, causing decreased effectiveness. New, repaired, or improved Private
BMPs must be implemented to provide equivalent or better treatment when compared with
the original structural stormwater BMPs.
15. The Owner must sweep all private streets, driveways, sidewalks, trails and parking areas
within the Property as delineated in Exhibit B at least once each year, either in the spring
following snowmelt or in the fall after leaf fall.
16. The Owner must submit inspection and maintenance records for each Private BMP to the
City's Water Resources Coordinator through the City’s website at the frequency required in
this Agreement. The Owner may use the inspection and maintenance checklists found in
Exhibit C, or similar documentation as approved by the City.
17. The City may seek any remedy in law or equity against the Owner for a violation of this
Agreement.
18. In the event that this Agreement is inconsistent with Eden Prairie City Code regarding the
inspection and maintenance of Private BMPs, the provisions which provide greater
protection for water resources, as determined by the City in its sole discretion, will prevail.
19. The recitals set forth above are expressly incorporated herein.
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(signatures on following pages)
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Preserve Village Development Agreement
IN WITNESS WHEREOF, Owner and the City have entered into this Agreement as of the date
written above.
OWNER
NOT TO BE SIGNED
By: ______________________________
Its: ______________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2024,
by _______________________________________, the _____________________ of
________________, a _______________________, on behalf of the company.
Notary Public
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Preserve Village Development Agreement
CITY OF EDEN PRAIRIE
By NOT TO BE SIGNED
Ronald A. Case
Its Mayor
By_NOT TO BE SIGNED Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2024, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of
the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
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Preserve Village Development Agreement
EXHIBIT A: Legal Description of Property
Lot 1, Block 1, Garrison Forest Fifth Addition
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EXHIBIT B: Map of Private BMPs on Property, including City water body identification
number and areas requiring street sweeping
Patrick Sejkora should supply this
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EXHIBIT C: City of Eden Prairie Private Stormwater BMP Inspection Checklist and
Maintenance Checklist
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Private Stormwater BMP Inspection Checklist
Date Inspection Finished:
Inspector Name:
Inspector Email:
Site Name and Address:
Description/Type of BMP:
BMP Location: City ID for BMP: INSPECTION CHECKLIST Complete at least 1 inspection annually for 2 years after final acceptance of construction; at least 1 every 5 years thereafter. Complete a separate checklist for EACH private stormwater BMP. When complete, email to stormwater@edenprairie.org. Inspected? (date) Item Maintenance Required? Notes Take at least 2 photos of BMP before inspecting. Submit with this form to City. Yes No << Overall assessment of BMP. (If any maintenance is required, Yes. If not, No.)
Does the BMP appear to function as designed? Yes No
Is there erosion/damage on side slopes and/or around inlets and/or outlets that requires repair? Yes No
Do any structures (e.g., flared-end sections, standpipes, drain tiles, concrete aprons) require repair? Yes No
Do any pre-treatment areas (e.g., forebay, sump, filter strip, rock) have accumulated sediment, trash and/or debris? Yes No
Is there anything in or around the BMP that looks or smells unusual (e.g., oil, paint, foamy)? Yes No
If it appears to require immediate attention, call 911. Also, take photos if “Yes.”
Is there accumulation of sediment, trash and/or debris in the main/deepest part of the BMP? Yes No
Are paved surfaces draining to basin free of sediment and debris? Yes No
Is water standing in the BMP more than 48 hours when it should be infiltrating? Yes No N/A
Does dead vegetation need to be removed? Any vegetation to be mowed/trimmed? Weeds to be sprayed or removed? Yes No
Is replanting of vegetation or seeding necessary? Yes No
Is wood mulch at least 3” deep (where required)? Yes No N/A
Does anything you observed pose a hazard to the public? Yes No
Have you received any neighbor complaints about this BMP since the last inspection? Yes No
Additional Notes:
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Private Stormwater BMP Maintenance Checklist
Date Maintenance Finished:
Operator Name:
Operator Email:
Description/Type of BMP:
BMP Location: City ID for BMP:
MAINTENANCE CHECKLIST Any items from “Inspection Checklist” that require follow-up must be completed and documented. Complete a separate checklist for EACH private stormwater BMP. When complete, email to stormwater@edenprairie.org.
Maintenance Complete (date) Item Notes
Repair erosion/damage on side slopes and/or around inlets and outlets.
Repair any damaged/failing structures (e.g., flared-end sections, standpipes, drain tiles, concrete aprons).
Clean any pre-treatment areas (e.g., forebay, sump, filter strip, rip rap).
All flowing or standing water and adjacent areas looks and smells normal.
Maintain basin. Remove any sediment, trash and/or debris.
Paved surfaces draining to basin swept and kept free of sediment and debris.
Loosen, aerate, or replace soils to ensure water infiltrates within 48 hours.
Remove any dead vegetation, trim live vegetation if needed, and remove weeds.
Add wood mulch to keep 3” depth or replace mulch, as applicable.
Replace dead plants/vegetation. Manage native vegetation through mowing, spot spraying weeds and/or prescribed burning. Water as needed.
BMP functions as designed. Any hazards to the public resolved.
Take at least 2 photos of BMP after maintenance. Submit with this form to City.
Additional Notes:
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Preserve Village Development Agreement
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage, Assignment of Leases and Rents, Fixture
Filing and Security Agreement dated December 23, 2013, recorded with the Hennepin County Recorder on December 23, 2013 as Document No. A10040171 and recorded on December 23, 2013 in the office of the Registrar of Titles as Document No. T05141647, covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and
subordinates it interest in the Property to that certain Development Agreement, to which this
Consent and Subordination is attached, dated March 12, 2024 by Preserve Village, LLC to the City of Eden Prairie. SWISS RE LIFE & HEALTH AMERICA, INC.,
a Missouri corporation
By: PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware limited liability company, its authorized signatory
By __________________________ Name: Title:
By __________________________ Name: Title:
STATE OF IOWA ) )
COUNTY OF POLK )
On this ______ day of _____________, 20__, before me, the undersigned, a Notary Public in and for the said State, personally appeared ____________________________________________ and
_____________________________________________, to me personally known to be the
identical persons whose names are subscribed to the foregoing instrument, who being by me duly sworn, did say that they are the ____________________________________________________ and ___________________________________________, respectively, of PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware limited liability company, as authorized signatory of
SWISS RE LIFE & HEALTH AMERICA INC., a Missouri corporation, and that the instrument
was signed on behalf of the corporation by PRINCIPAL REAL ESTATE INVESTORS, LLC, as
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authorized signatory of SWISS RE LIFE & HEALTH AMERICA INC., a Missouri corporation, by authority of the Board of Directors of SWISS RE LIFE & HEALTH AMERICA INC., a
Missouri corporation; and that the aforesaid individuals each acknowledged the execution of the
foregoing instrument to be the voluntary act and deed of PRINCIPAL REAL ESTATE INVESTORS, LLC, as authorized signatory of said corporation, by it and by them voluntarily executed.
___________________________________ Notary Public in and for said State My Commission Expires:
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Exhibit A To Consent and Subordination
Legal Description: Lot 1, Block 1, Garrison Forest Fifth Addition, Hennepin County, Minnesota
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Community Development/Planning Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Telecommunications – T- Mobile Central LLC – Communications Facilities License Agreement at 6233 Baker Road – Water Tower Site
ITEM NO.:
VIII.C.
Requested Action
Move to approve License Agreement between T-Mobile Central LLC and the City of Eden
Prairie at the 6233 Baker Road Water Tower Site Synopsis A new license agreement has been agreed upon by T-Mobile Central LLC, allowing continued
operations for the equipment at 6233 Baker Road. This new agreement is based on the City’s
standard template. The license agreement will allow T-Mobile to continue to occupy a portion of the water tower site in exchange for rent. The annual lease amount will increase 5% annually. The initial lease is for 7 years with the option of up to four (4) renewal terms of five (5) years each. The total lease agreement is for 27 years. The difference in length between the initial lease
term and subsequent renewal terms is to align the renewal schedule of this license agreement
with the renewal schedule of other telecommunication agreements on the 6341 Baker Road tower site. This allows the City to better plan and coordinate site improvement work at or on the water tower with all the telecommunications providers.
Background
Sprint Spectrum negotiated the original license agreement for this site in 1998. T-Mobile Central LLC has since purchased Sprint and has been operating in the location since the acquisition. There are no proposed changes to either the antenna or ground equipment on the 6233 Baker Road site with this license agreement. Existing equipment will remain on the site. This item
previously was approved by City Council in September 2023. Since them, additional changes
related to insurance have been made that require City Council approval. Recommendation Staff recommends approval of the of the License Agreement.
Attachments License Agreement
1
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“License” or “Agreement”) is entered into the date last signed below between the City of Eden Prairie, a Minnesota municipal corporation (“Licensor”) and T-Mobile Central LLC, a Delaware limited liability company (“Licensee”), (each a “Party”
and collectively referred to as “the Parties”).
RECITALS
WHEREAS, Licensor is the owner of certain real property located in Hennepin County,
Minnesota, as legally described on Exhibit A attached hereto (the “Land”) on which is situated a Tower (the “Property”). WHEREAS, Licensee and Licensor desire to replace the existing License Agreement
between Licensee and Licensor for the Property expiring August 31, 2023 with a new non-
exclusive license and agreement to use portions of the Property for the purpose of constructing, operating, and maintaining a communications facility and associated equipment. NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated
herein by reference, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows: 1. PROPERTY AND PREMISES
Subject to the following terms and conditions, Licensor licenses to Licensee certain space on the Property, together with non-exclusive easements for access and utilities over, under
and across the Property (the “Premises”) as described on Exhibit B attached hereto.
2. TERM
The initial term (“Initial Term”) of this License will be for seven (7) years and will
commence on September 1, 2023 (the date of last signature of this Agreement notwithstanding) (the “Commencement Date”). Subsequent renewals of the License will be for five (5) year increments (Renewal Term). This License may be renewed for up to four (4) Renewal Terms following the Initial Term.
3. RENT
A. Upon the Commencement Date, Licensee will pay Licensor annual rent in the amount of $42,668 (“Rent”), to be paid in equal monthly installments on the first
day of the month, in advance, to Licensor.
B. The amount of Rent will be increased by five percent (5%) each year on the
anniversary of the Commencement Date.
C. If this License is terminated at any time other than on the last day of a month, Rent will be prorated, based on a thirty-day month, as of the date of termination, and in the event of termination for any reason other than a default by Licensee, all prepaid
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Rent will be refunded to Licensee.
4. USE AND OWNERSHIP
A. Subject to the terms of this License, the Premises may be used by Licensee solely for the purposes of constructing, maintaining, and operating certain communications facilities in accordance with the transmission and reception of
wireless communication signals authorized for use by Licensee by the Federal
Communications Commission (“FCC”). Licensee’s communications facilities include cellular and link antennas, antenna mounts, necessary wave-guide and appurtenances, ground equipment (cabinet containing radio transmission, computer equipment, and emergency battery and generator equipment), screening fence, and
underground utility wires, cables, conduits, and pipes, as described on Exhibit B
attached hereto (the “Facilities”).
B. Licensee must maintain and operate the Premises in accordance with good engineering practices and in accord with all applicable FCC rules and regulations, and to cause all other site users and users of the Premises, where feasible, to do the
same.
C. Licensee, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon the Property and conduct such studies as Licensee deems necessary to determine the Property’s suitability for Licensee’s intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave
propagation measurements, field strength tests and such other analyses and studies
as Licensee deems necessary or desirable. Licensee must restore the Property to its original condition following any such studies.
D. During the Term of this License, Licensee will pay all special assessments and personal property and/or real estate taxes levied against or upon the Facilities or the
Property by any taxing authority. Licensor will provide to Licensee a copy of any
notice of taxes or special assessments imposed upon the Facilities or Property as a result of the Facilities or use of the Property by Licensee, which Licensor may receive from any taxing authority. Subject to any and all limitations imposed by law, Licensee may, at its own expense, contest any such taxes or assessments.
E. Licensor waives any lien rights it may have, statutory or otherwise, regarding Licensee’s Facilities, all of which will be deemed personal property whether
considered real or personal property under applicable state laws. Licensee will not allow any mechanic’s or materialmen’s liens to be placed on the Property as a result of its work on the Property.
F. Licensee will not interfere with Licensor’s use of the Property or use by others to whom Licensor has granted the use of the Property and agrees to cease all such actions which unreasonably and materially interfere with the use thereof by
Licensor or others no later than three (3) business days after receipt of written notice of the interference from Licensor. If the interference cannot be eliminated within 30 days after Licensee has received written notice, either Licensor or Licensee may at its option terminate this Agreement immediately.
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G. Licensee is entitled to ingress, egress, and access from an open and improved public
road and access path 24 hours a day, seven days a week, except in case of unforeseen emergency that requires Licensor to limit Licensee’s access.
5. FACILITIES
A. Licensee will install the Facilities at its sole cost, in compliance with all, FCC rules and regulations, and good engineering practices. Prior to installing any Facilities, Licensee must satisfy the Conditions Precedent identified on Exhibit C attached
hereto.
B. The placement of additional Facilities is subject to the prior approval of the Licensor, which approval may not be unreasonably withheld, conditioned, or delayed. Additional Facilities outside the current lease area described in Exhibit B may incur additional rental charges.
C. Licensee agrees that its Facilities will be of types and frequencies which will not cause radio frequency interference to Licensor or to any other prior lessees or
licensees of the Property, provided that Licensor, all lessees, licensees, and other
users of the Property are in compliance with Paragraph 4.B above. In the event such interference does occur, and Licensee is advised in writing of such interference, Licensee must eliminate such interference within twenty-four (24) hours or cease using the Facilities causing the interference except for short tests necessary for the
elimination of the interference. It is further agreed that Licensor in no way
guarantees to Licensee non-interference to the operation of Licensee’s Facilities. Notwithstanding the foregoing, Licensor will use its best efforts to afford Licensee similar protection from interference caused by the operations of subsequent Property users.
D. Prior to adding additional transmitter or receiver frequencies on the Property,
outside the frequencies currently used by Licensee, Licensee must notify Licensor
of the modified frequencies and to perform the necessary interference studies to ensure that the modified frequencies will not cause harmful radio interference to other existing users. Licensee will pay for such studies, which must be performed by a registered professional communications engineer.
E. If Licensee’s Facilities produce noticeable noise levels that exceed noise
regulations per the local ordinances and/or state laws, Licensee will at its own
expense install a noise buffer.
F. In the event Licensor determines, in its sole discretion, to paint or make repairs to the Tower located on the Property that require the temporary relocation of some or all of Licensee’s Facilities, Licensee will relocate the designated Facilities within
thirty (30) days’ written notice from Licensor.
G. Licensee’s Responsibility/Use. Licensee may use the following parts of the Property for the following uses, and the construction, maintenance, repair, replacement, removal, and operations of the following, all of which are hereafter referred to as “Licensee’s Improvements.” Licensee’s Improvements will be
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installed at Licensee’s expense and must be maintained in a reasonable condition
and secured by Licensee. Licensee must ensure that is use of the Property is consistent with all local, state, and federal laws, ordinances, and regulations.
(a) Three (3) mounts, each of which will have the capacity to accommodate four (4) communications antennas consisting of flat panels, with connecting
lines for each panel as more particularly illustrated on Exhibit B attached
hereto.
(b) Related radio and support equipment which shall be located within a fenced area 15 by 20 feet as illustrated on Exhibit B attached hereto.
(c) Utility wires underground and cables, conduits, and pipes within that part
of the Property described on the Site Plans attached hereto as party of
Exhibit B.
(d) Right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property from and to Licensee’s Improvements as depicted in Exhibit B for the purpose of
inspecting, maintaining and repairing its Facility and related equipment,
provided however, Licensor may require Licensee to exercise its right of ingress and egress on and over a different part of the Property or other property as may be provided by or through Licensor.
(e) A separately metered connection to electric utility, which supplies
electricity billable to Licensee.
6. UTILITY SERVICE
Licensee will pay for, install, and provide all future Gopher State One Call locates and all required utility services. Payment for utility services, including but not limited to electric and telephone service, for the Facilities will be Licensee’s responsibility without any adjustment to Rent. Licensor will not be responsible for any damages which occur as a result of interruption of utility services except Licensor will be responsible for any direct
damages to utilities caused by solely by Licensor. Licensor will reasonably cooperate with Licensee’s efforts to improve existing utilities on the Property for Licensee’s use, or to connect the Facilities to existing utilities on the Property. Licensor will execute any easement, right-of-way, or similar agreement that Licensee or a utility service provider may reasonably request for any such purposes, all costs to be borne by Licensee. Licensee
must comply with all ordinances and codes regarding noise and hours of operation when operating back-up power generation for normal routine maintenance. 7. TERMINATION
A. Except as otherwise provided herein, this License may be terminated without penalty or further liability, on thirty (30) days’ notice as follows:
(1) At any time during the term of this License by either party upon a default of
any covenant or term hereof by the other party which default is not corrected
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within thirty (30) days of receipt of written notice of default (without,
however, limiting any other rights available to the Parties pursuant to any other provisions hereof); provided, however, that neither party will be in non-monetary default under this License if it commences curing any such non-monetary default within such 30-day period and thereafter diligently
prosecutes the cure to completion;
(2) At any time during the term of this License by Licensee if Licensee is unable
to obtain or maintain any license, permit or other governmental approval necessary to the installation and/or operation of the Facilities or Licensee’s business;
(3) At any time during the term of this License by Licensor if, in Licensor’s sole judgment after consultation with a licensed structural engineer, Licensor determines that the Tower is structurally unsound for use as a tower, for any
reason, including but not limited to considerations related to the age of the Tower, damage to or destruction of all or part of the Tower or the Property from any source, or factors relating to the condition of the Property. This Agreement may not be terminated under this paragraph if Licensee, at Licensee’s cost, remedies the structural defect as determined by Licensor’s
structural engineer. Before undertaking remedial work to correct any structural defects, Licensee’s proposed corrective work must be approved by Licensor’s structural engineer as to the structural design, and must be approved by Licensor as it affects the aesthetics of the Property;
(4) At any time prior to Licensee’s installation of its equipment on the Premises (i) if the Property is or becomes unacceptable under Licensee’s design or
engineering specifications for its equipment or the communications system to
which the equipment belongs or (ii) Licensee determines that any soil boring tests or structural analysis is unsatisfactory; and
(5) At any time prior to Licensee’s installation of its equipment on the Premises if Licensee’s technical reports do not establish to its exclusive reasonable satisfaction that the Premises is capable of being suitably engineered to
accomplish Licensee’s intended use of the Premises.
B. Upon termination or expiration of this License, Licensee must at its expense, within ninety (90) days, remove all of its Facilities from the Premises. Licensee will continue to pay to Licensor the full monthly rental amount until all of Licensee’s
Facilities are removed from the Premises and the Premises is restored to original
usable condition, ordinary wear and tear excepted. If all Facilities are not removed by the Licensee within 90 days, Licensor may remove the Facilities and restore the Premises. Licensee will reimburse Licensor for all costs incurred by Licensor to remove and dispose of the Facilities and restore the Property. Contemporaneously
with the delivery to Licensor of this License Agreement executed by Licensee,
Licensee, at its cost and expense, will procure and deliver to Licensor an irrevocable letter of credit (“Letter”) in favor of Licensor in the principal amount of five thousand dollars, ($5,000.00) to secure Licensee’s obligation to remove the Facilities and restore the Premises. Licensor may draw upon the Letter in an amount
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necessary to reimburse Licensor for its costs. If the Letter is insufficient to cover
Licensor’s costs, Licensee will promptly pay to Licensor the deficiency. This paragraph will survive termination of this License Agreement. 8. INSURANCE
Licensee must obtain and carry insurance in the amounts and types as follows:
A. General Liability. Licensee must obtain and carry maintain occurrence form commercial general liability insurance coverage. Such coverage must be written to include, but not be limited to, bodily injury, property damage–broad form, and personal injury, for the hazards of Premises/operation, broad form contractual, claims for Licensee’s independent contractors, and products/completed operations.
Licensee must maintain the commercial general liability coverage with limits of liability not less than the following limits for any one person or occurrence: $4,000,000.00 each occurrence; $4,000,000.00 personal and advertising injury; $4,000,000.00 general aggregate; and $4,000,000.00 products completed operations aggregate. These limits may be satisfied by commercial general liability
coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits.
B. Licensee Property Insurance. Licensee must keep in force during the Term and any Renewal Term a policy covering damages to Licensee Facilities at the Property. The amount of coverage must be sufficient to provide for replacement of the
damaged Facilities, damages resulting from loss of use, and must comply with any ordinance, statutory, or legal requirements.
C. Hazardous Materials Coverage. Licensee must carry Pollution Legal Liability Insurance in the minimum coverage amount of $2,000,000 per occurrence, for damage caused by Hazardous Materials and the release of pollutants.
D. Commercial Automobile Liability Insurance. Licensee must carry a commercial automobile liability policy with coverage amounts of $1,000,000 combined single
limit each accident, which must include coverage for all owned, hired, and non-
owned vehicles.
E. Adjustment to Insurance Coverage Limits. The coverage limits set forth herein will be increased at the time of any Renewal Term by multiplying the current coverage limit by a fraction, the numerator of which is the Consumer Price Index All Urban consumers-All Items Base 1982 to 1984 Equals 100, as published by the U.S.
Department of Labor, Bureau of Labor Statistics (“CPI-U”) for the month that is
three months preceding the first day of the Renewal Term, the denominator of which is the CPI-U for the month that is three months prior to the first day of this License Agreement. If the CIP-U is discontinued, comparable statistics on the purchasing power of the consumer dollar published by the U.S. Department of
Labor or its successors as designated by Licensor will be used for making the
computations in this paragraph. In the event the same base period (1982-1984 Equals 100) used in computing the CPI-U is changed, the figures used in making
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the adjustment will accordingly be changed so that the changes in the CIP-U are
taken into account with the same mathematical results notwithstanding any change in the base period. In the event of any other changes in the CIP-U, Licensor will designate a comparable calculation to be used for the calculations of this paragraph.
F. Additional Insured. The insurance policies including Licensor required by this Paragraph 8 must be issued by a company (rated A- or better by Best Insurance
Guide) authorized to do business in the State of Minnesota and must include the
City of Eden Prairie as an additional insured. The insurance policies must provide that Licensee’s coverage is the primary coverage in the event of a loss with respect to claims arising out of, caused by, or related to Licensee’s Facilities or Licensee’s use of the Property under this License. The policies must also ensure the
indemnification obligation(s) contained in Section 9 of this License Agreement.
Certificate(s) of Insurance and a copy of the additional insured endorsement(s), as applicable, which evidences the existence of this insurance coverage including the City of Eden Prairie as an additional insured must be provided to Licensor before Licensee, or any Party acting on Licensee’s behalf or at Licensee’s behest, enters
the Property for the purpose of construction or placing any Facility or related
material on the Property. The Certificate(s) of Insurance must also provide that the coverage(s) may not be canceled without thirty (30) days prior written notice to Licensor, or ten (10) days’ notice for if the cancelation is due to non-payment of premium.
G. Excess Liability. Licensee must maintain an excess or umbrella liability policy with a combined single limit of $5,000,000.00 per occurrence and in the aggregate.
9. INDEMNIFICATION
A. Licensee and Licensor shall each indemnify and hold harmless the other and their elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation
arising out of the use and occupancy of the licensed Premises or Property by
Licensee or Licensor, which may be asserted against or incurred by either Party or for which either Party may be liable in the performance of this License, except those to the extent that the same arise from the negligence, willful misconduct, or other fault of either Party. Licensee will defend all claims arising out of the installation,
operation, use, maintenance, repair, removal, or presence of Licensee’s Facilities,
equipment, and related facilities on the licensed Premises notwithstanding any provision set forth herein to the contrary. Licensee’s obligations under this paragraph are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify Licensor and Licensor’s granting it the
right to control the defense and settlement of the same. Licensor’s obligation to
indemnify Licensee will, in any event, be limited as set forth in Minnesota Statutes Section 466.04.
B. Hazardous Materials. Without limiting the scope of Subparagraph 9A above, Licensee will be solely responsible for and will defend, indemnify, and hold Licensor, its agents, and employees harmless from and against any and all claims,
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costs, and liabilities, including attorney’s fees and costs, arising out of or in
connection with the cleanup or restoration of the Property resulting from Licensee’s use of Hazardous Materials. For purposes of this License Agreement, “Hazardous Materials” will be interpreted broadly and specifically includes, without limitation, asbestos, fossil fuels, biological fuels, synthetic fuels, batteries or any hazardous
substance, waste, or materials as defined in federal, state, or local environmental or
safety laws or regulations including, but not limited to, CERCLA. The obligation of this Subparagraph 9B will survive the expiration or other termination of this License Agreement.
C. Licensee’s Warranty. Licensee represents and warrants that its use of the Property will not generate and Licensee will not store or dispose of on the Property, nor
transport to or over the Property, any Hazardous Materials in violation of any
applicable law.
D. Licensor’s Warranty. Licensor represents and warrants that it has no knowledge of any Hazardous Materials on the Property in violation of any applicable law.
10. LIMITATION OF LICENSOR’S LIABILITY
If Licensor terminates this License other than pursuant to one of the express provisions of this License, or Licensor causes interruption of the business of Licensee or for any other
breach of this License by Licensor, Licensor’s liability for damages to Licensee will be limited to the actual and direct costs of equipment removal, repair, and relocation and will specifically exclude any future expectation of profits, loss of business or profit, or related damages to Licensee.
11. DEFAULT
A. The following will constitute an event of default by Licensee (“Licensee’s Default”): (1) Licensee’s failure to observe or perform any covenant or condition
contained in this Agreement within thirty (30) days after written notice to Licensee specifying such failure and requiring Licensee to remedy the same. (2) The adjudication of Licensee as bankrupt by a court of competent
jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Licensee under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Licensee or of all or any substantial part of its property upon
the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit in each case, the order or decree remains unstayed and in effect for ninety (90) days. (3) The filing by Licensee of a petition in voluntary bankruptcy or the making
by it of a general assignment for the benefit of creditors or the consenting
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by it to the appointment of a receiver or receivers of all or any substantial
part of the property of Licensee; or the filing by Licensee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Licensee of a petition to take advantage of any
debtor’s act.
B. Remedies. Except as expressly limited in this License, Licensor and Licensee will have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same
within thirty (30) days or as extended as provided in Paragraph 7A above.
12. SUCCESSORS OR ASSIGNS
The terms and conditions of this License will run with the Property. All of the terms, covenants, obligations, and conditions herein will be binding upon and inure to benefit of the successors and assigns of the Parties. This License may be sold, assigned, or transferred
by Licensee without any approval or consent of Licensor to Licensee’s principal, affiliates,
subsidiaries of its principal, or to any entity which acquires all or substantially all of Licensee’s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization. As to other parties, this License may not be sold, assigned, or transferred
without the written consent of the Licensor, which such consent will not be unreasonably
withheld, delayed, or conditioned. No change of stock ownership, partnership interest, or control of Licensee or transfer upon partnership or corporate dissolution of Licensee will constitute an assignment hereunder.
13. QUIET ENJOYMENT
Licensee, upon paying Rent, will peaceably and quietly have, hold, and enjoy the Property
pursuant to this License.
14. CASUALTY
If any portion of the Property or Facilities are damaged by any casualty and such damage
adversely affects Licensee’s use of the Property, this License will become terminable by Licensee upon thirty (30) days written notice of such casualty so long as such notice from Licensee is given within thirty (30) days of such casualty. Termination under this Paragraph, upon proper notice, will become effective on the thirtieth (30th) day following
the date of such notice.
15. CONDEMNATION If a condemning authority takes any portion of the Property and such taking adversely
affects Licensee’s use of the Property, this Agreement will terminate as of the date the title
vests in the condemning authority, if Licensee gives written notice of its intent to terminate within thirty (30) days after receiving notice of such vesting. The Parties will be entitled to make claims in any condemnation proceeding for the value of their respective interests in the Property (which for Licensee may include, where applicable, the value of the
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communications facilities, moving expenses, prepaid rent, and business-relocation
expenses). Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power will be treated as a taking by condemnation.
16. ADDITIONAL BUILDINGS, IMPROVEMENTS, OR ANTENNAS
Licensee acknowledges that Licensor may permit additional buildings or improvements to be constructed on the Property and such buildings or improvements may be placed immediately adjacent to Licensee’s Facilities. Licensor may permit antennas of third
parties to be attached to the Tower, provided that Licensor’s structural engineer first
certifies that the Tower will structurally accommodate Licensee’s existing antennas plus the proposed antennas of third parties and such third party does not interfere with Licensee’s Facilities.
17. TEMPORARY INTERRUPTIONS OF SERVICE
If Licensor determines that continued operation of Licensee’s Facilities would cause or contribute to an immediate threat to the public health and/or safety (including maintenance and operating personnel), Licensor may order Licensee to discontinue its operations, or if
the continued use constitutes an emergency, Licensor may without prior notice to Licensee
cause discontinuance of operation of Licensee’s Facilities. Discontinuance of Licensee’s operations may include, but will not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facilities. Licensee must immediately comply with such an order. Operations must be discontinued only for the period that the
immediate threat exists. If Licensor is unable to give prior notice to Licensee, Licensor will
notify Licensee as soon as possible after its action and give its reason for taking the action. Licensor will not be liable to Licensee or any other party for any interruption in Licensee’s service or interference with Licensee’s operation of its Facilities. If the discontinuance extends for a period greater than three (3) days, either consecutively or cumulatively,
Licensee will have the right to terminate this Agreement upon thirty days’ notice as
provided in Paragraph 7. 18. NO DUTY TO REPAIR
Except for any damage caused to Licensee's Facilities resulting from Licensor's gross
negligence or intentional misconduct, Licensor will have no duty or obligation to maintain, repair, restore, replace, or modify the Tower, the Land, or any of Licensee’s Facilities, fixtures, personal property, or improvements located thereon or therein.
19. LICENSEE’S COVENANTS
Licensee will: (a) use natural gas or propane, and will not use gasoline or diesel fuel, for energy to power any generator that may be installed on the Property; (b) not use any process or method in the installation, maintenance, or removal of any Facility upon the Tower by
means of welding, cutting tool, or other device which would damage the Tower or any
equipment attached thereto; (c) protect the Facilities from damage or harm in the event of the repair or maintenance of the Tower or other property of Licensor; (d) not, without
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Licensor’s consent, remove, cut, or trim any trees or other vegetation on the Property; and
(e) replace significant trees (as defined in Eden Prairie City Code Section 11.55, subd. 2) lost or reasonably anticipated to be lost as a result of installation of Licensee’s Facilities on the Property, in accordance with Eden Prairie City Code Section 11.55, subd. 4.
20. NOTICES
All notices, requests, demands, and other communications hereunder must be in writing
and will be deemed given if personally delivered or mailed, certified mail, return receipt requested or by any nationally recognized courier service, to the following addresses:
If to Licensor: City of Eden Prairie Attn: City Manager 8080 Mitchell Road Eden Prairie, MN 55344
With a copy to: Eden Prairie City Attorney Attn: Margaret L. Neuville 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401
If to Licensor: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue WA 98006 Attn: Lease Compliance / A1P0090A
21. MISCELLANEOUS:
A. Licensor represents and warrants it has the legal authorization to enter into and sign this License and has good and marketable title to the Property. B. Licensor will contemporaneously herewith execute and acknowledge and deliver
to Licensee for recording a Memorandum of this License (“Memorandum”) in the form of Exhibit D attached hereto. C. This License supersedes all prior discussions and negotiations and contains all agreements and understandings between the Licensor and Licensee. This License
may only be amended in writing signed by all Parties. Exhibits A through D are incorporated into this License by reference. No provision of this License will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver will be implied by delay or any other act or omission of either party. No waiver by either party of any provisions of this License will be deemed a
waiver of such provision with respect to any subsequent matter relating to such provision. D. This License may be signed in counterparts by the Parties hereto.
E. Any claim, controversy, or dispute arising out of this License Agreement may, upon mutual agreement of the parties, be referred to mediation or binding arbitration in
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accordance with the applicable rules of the American Arbitration Association
(“AAA”). Any settlement or judgment resulting from said mediation or arbitration may be entered in any court having jurisdiction thereof. The mediation or arbitration will be conducted in the AAA office nearest the county where the Property is located. There may be no discovery other than exchange of information
which is provided to the mediator or arbitrator by the Parties. The Parties hereby
waive all rights to, and claims for, monetary awards other than compensatory damages. Absent the parties’ agreement to mediate or arbitrate in accordance with this paragraph, any claim, controversy, or dispute arising out of this License Agreement may be litigated in a court of competent jurisdiction in Hennepin
County.
F. This License will be construed in accordance with the laws of the State of
Minnesota
G. If any Term of this License is found to be void or invalid, such finding will not affect the remaining terms of this License, which will continue in full force and effect. It is expressly understood that all rights granted to Licensee under this License are irrevocable until this License expires or sooner terminates as herein provided.
IN WITNESS WHEREOF the Parties have executed this License Agreement effective as of the day and year first above written.
(signature pages follow)
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LICENSOR: City of Eden Prairie, a Minnesota municipal corporation
By: __________________________________ Ronald A. Case Its: Mayor
AND
By: ___________________________________ Rick Getschow
Its: City Manager
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LICENSEE: T-Mobile Central LLC
By: _________________________________ _________________________________
Its: _________________________________
LIST OF EXHIBITS
Exhibit A: Legal Description of the Property
Exhibit B: Approved Plans and Specifications
Exhibit C: Conditions Precedent
Exhibit D: Memorandum of License Agreement
EXHIBIT A
Legal Description of Property
Property Address: 6341 Baker Road, Eden Prairie, MN 55346
Property Index: 03-116-22-12-0443
The Property is legally described as follows:
Outlot A, Crosstown Racquet Club, Hennepin County, Minnesota
EXHIBIT B
Approved Plans and Specifications
EXHIBIT C
CONDITIONS PRECEDENT
1. All permits from all local or federal land use jurisdictions for the intended use.
2. All local airspace authorities and FAA determination of no hazard to airspace.
3. FCC authorization to utilize this location for the intended use.
4. Licensee’s technical reports must establish to its exclusive satisfaction that the Property is capable of being suitably engineered to accomplish Licensee’s intended use of the Property.
5. Licensee’s technical reports must establish to the Licensor’s exclusive satisfaction that the installation will not interfere with other communication devices and systems presently in place.
EXHIBIT D
MEMORANDUM OF LICENSE AGREEMENT
Between the City of Eden Prairie (“Licensor”) and T-Mobile Central LLC (“Licensee”). This Memorandum evidences that a License Agreement (the “License”) was made and entered into by written License Agreement between the City of Eden Prairie, a Minnesota
municipal corporation (“Licensor”) and T-Mobile Central LLC., a Delaware limited liability
company (“Licensee”) regarding a portion of the property legally described as follows:
Outlot A, Crosstown Racquet Club, Hennepin County, Minnesota
The License is for an initial term of seven (7) years with up to four (4) five (5) year renewal terms following the initial term and will commence on September 1, 2023 (the “Commencement Date”).
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign.
(signature pages follow)
LICENSOR: City of Eden Prairie,
a Minnesota municipal corporation
By: __________________________________
Ronald A. Case Its: Mayor
Date: _________________________________
AND
By: ___________________________________
Rick Getschow Its: City Manager
Date: __________________________________
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on ____________________, 2024, by
Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden
Prairie, a Minnesota municipal corporation, for and on behalf of the City of Eden Prairie.
___________________________________
Notary Public
LICENSEE:
T-Mobile Central LLC
By: _________________________________
_________________________________ Its: _________________________________
Date: ________________________________
STATE OF ____________________ ) ) ss. COUNTY OF __________________ )
This instrument was acknowledged before me on ____________________, 2024 by
_______________________, the _______________________ of T-Mobile Central LLC, a Delaware limited liability company, for and on behalf of said entity.
___________________________________ Notary Public
This instrument drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 (612) 338-0755
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Community Development Julie Klima/David Lindahl
ITEM DESCRIPTION:
Legislative Services (Lobbyist) Agreement
ITEM NO.:
VIII.D.
Requested Action
Move to: Approve legislative services agreement with Lockridge Grindal Nauen. Synopsis Staff recommends retaining Ann Lenczewski of the firm of Lockridge Grindal Nauen to provide
lobbying services on behalf of the City of Eden Prairie for the next year. Background Information The City has several legislative bills it intends to submit to the Minnesota Legislature in 2024 in
the areas of transportation, redevelopment, and housing. Lockridge Grindal Nauen will provide state government relations lobbying services to the City of Eden Prairie. Attachments
• Legislative Services Agreement
LEGISLATIVE SERVICES AGREEMENT
THIS AGREEMENT, made and entered into by and between City of Eden Prairie
(“Client”) and LOCKRIDGE GRINDAL NAUEN PLLP. (“Consultant” or “LGN”) (collectively the “Parties”). W I T N E S S E T H
WHEREAS, Client, wishes to purchase the services of Consultant to assist Client in monitoring, and lobbying related to certain state legislative and administrative matters; NOW, THEREFORE, in consideration of the mutual undertakings and promises
hereinafter set forth, Client and Consultant agree as follows:
1. CONSULTANT SERVICES Consultant shall provide, in coordination with Client’s officers, committees and staff, the
services listed in Exhibit A hereto. If additional services, projects or work is agreed upon
by both Consultant and Client, fees for such additional services, project or work will be negotiated and mutually agreed upon in writing prior to the performance of additional services, projects or work.
2. TERM AND TERMINATION 2.1 Term. The term of engagement for the services provided shall be March 12, 2024 – February 28, 2025, subject to termination as provided in Section 2.2.
2.2 Termination. This Agreement may be terminated prior to its expiration only as
follows: 2.2.1 Upon the written mutual agreement of the Parties hereto;
2.2.2 By either Party upon sixty (60) days written notice to the other Party.
3. COST OF AND PAYMENT FOR SERVICES 3.1 Fees. In consideration of services performed as specified in Section 1 and Exhibit
A of this Agreement, Client shall pay Consultant the professional fees in the amount of $40,000 payable in twelve (12) installments of $3,333.33 per month commencing March 1, 2024. 3.2 Costs. In addition to payment for professional fees, Client shall pay Consultant
for all reasonable incidental expenses incurred by Consultant on Client’s behalf. 3.3 Payment. Payment for professional fees and expenses shall be made to Consultant upon submission by Consultant to Client of invoices for services rendered and expenses incurred and Client shall pay Consultant by the dates listed above.
4885-7252-0103, v. 1
4. INDEPENDENT CONTRACTOR
Consultant shall select the means, method, and manner of performing the services herein.
Consultant is and shall remain an independent contractor with respect to all services performed under this Agreement. 5. COMPLETE AGREEMENT
The Parties each agree and understand that this Agreement, including all Exhibits hereto, constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous oral understandings or agreements with respect to the subject matter hereof.
6. AMENDMENTS AND WAIVERS This Agreement may not be amended, altered, enlarged, supplemented, abridged, or modified, nor can any provision hereof be waived, except by a writing executed by both
Parties which shall be attached hereto. Failure of any Party to enforce any provision of
this Agreement shall not constitute or be construed as a waiver of such provision nor of the right to enforce such provision. 7. NOTICES
All notices, demands, and requests permitted or required to be given under this Agreement shall be in writing and deemed given when mailed by the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the address of the appropriate Party as provided herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement this day of ____________________ 2024.
ADDRESS:
8080 Mitchell Road Eden Prairie, MN 55344
ADDRESS:
Suite 2200 100 Washington Avenue South Minneapolis, MN 55401
CLIENT:
City of Eden Prairie
By:________________________________
Its:_________________________________ CONSULTANT:
LOCKRIDGE GRINDAL NAUEN PLLP
By: Harry Gallaher Its: Managing Partner
4885-7252-0103, v. 1
EXHIBIT A Lockridge Grindal Nauen will provide state government relations lobbying services to the City of Eden Prairie. Lobbying services will include transportation funding, tax increment finance legislation and other legislative priorities.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION: IC 15-5904
Agreement with Republic Services for material
disposal at the 2024 Drop Off Day Event
ITEM NO.:
VIII.E.
Requested Action
Move to: Approve Agreement with Republic Services for material disposal at the 2024 Drop Off Day Event at an estimated cost of $89,025.00.
Synopsis
A request for proposal was sent to three waste hauler companies. Republic Services was the only vendor to submit a proposal. The proposal included an estimated price of $89,025.00 for material disposal services. The event will be held Saturday, June 22, 2024.
Background Information The City began providing a cleanup event in 1995 with a few basic items, such as yard waste, construction debris, general household trash and recyclables. In 2002 the cleanup was moved to
the Hennepin Technical College as the Allied Waste facility could no longer handle the number
of people that came to the event. The change allowed the City to increase the number and types of materials including bicycle, yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs, and propane tanks all for recycling.
Over time the event become so popular it appeared to be outgrowing the Hennepin Technical
College campus. To help alleviate pressure the City constructed a yard waste site in 2021 that is open to residents in the spring, summer and fall months. As a result, yard waste is no longer collected as part of the Drop Off Day Event which helped reduce wait times. The City also now hosts two separate events for curbside pick-up and drop off of appliances, electronics, tires, e-
waste and other miscellaneous items for recycling. One of those events will occur in the spring
and the other in the fall. By separating the recycling events from the Drop Off event we have significantly reduced traffic congestion which has plagued the Drop Off event in past years. Attachment
Agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Adam Gadbois
Public Works / Engineering
ITEM DESCRIPTION: I.C. 24809
Award Contract for the Homeward Hills Sanitary Sewer Replacement project to Northwest Asphalt, Inc.
ITEM NO.:
VIII.F.
Requested Action Move to: Award contract for the Homeward Hills Sanitary Sewer Replacement project to Northwest
Asphalt, Inc. in the amount of $244,771.05. Synopsis Nine bids were received on Wednesday, February 14, 2024 for this project. The bids received are summarized as follows:
Northwest Asphalt, Inc. $244,771.05
New Look Contracting, Inc. $338,604.50
Kusske Construction Company $354,480.00
Bituminous Roadways Inc. $373,140.50
Rachel Contracting, LLC $377,570.40
Northdale Construction Company, Inc. $400,393.15
Meyer Contracting, Inc. $414,730.39
Kuechle Underground Inc. $463,931.00
Minger Construction Co. Inc $483,102.75
City staff recommends awarding the contract for the project to Northwest Asphalt, Inc., in the amount of $244,771.05.
Background Information This contract provides for improvements to a portion of the sanitary sewer main along Homeward Hills Rd. The sanitary sewer was installed in 1977 and is comprised of truss pipe, which is a pipe material that is no longer widely used. The pipe will be replaced using open-cut construction
methods, resulting in impacts to the roadway surface. The full width of the roadway surface will be reconstructed to City standards, and this segment of Homeward Hills Rd will not need to be included in the 2025 Pavement Rehabilitation Project. Project Cost Summary
The low bid received from Northwest Asphalt, Inc., was under the engineer’s estimate by approximately 41%. This project will be funded by the Sewer Utility Fund and the Pavement Management Fund. Attachment Construction Contract Agreement
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 12th day of March 2024, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Northwest Asphalt, Inc., a Minnesota corporation, hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: I.C. #24809 Homeward Hills Sanitary Sewer Replacement Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $244,771.05. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
C-2
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________ Notary Public
CONTRACTOR
______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________
Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION:
Approve Cooperative Construction Agreement with MnDOT for the TH 101 project including pedestrian crosswalk flashing systems
ITEM NO.:
VIII.G.
Requested Action
Move to: Adopt resolution approving Cooperative Construction Agreement with MnDOT for the TH 101 project including pedestrian crosswalk flashing systems. Synopsis
This agreement provides cost participation and maintenance responsibilities for the TH 101 project anticipated to occur in summer 2024. The City was successful in applying for a Local Partnership Program grant for two RRFB pedestrian crossing systems along TH 101 at Twilight Trail and Valley View Road. These improvements will be included in the States rehab project along TH 101 which includes milling and overlaying the roadway, ADA improvements and other
utility improvements. The City’s cost participation includes 50% of the construction cost plus 8% for construction engineering totaling $97,000. The city’s authorized representative for this agreement will be the City Engineer.
Attachments
• Resolution
• Agency Agreement
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-____
APPROVE COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR THE TH 101 PROJECT INCLUDING PEDESTRIAN CROSSWALK FLASHER SYSTEMS (I.C. 23815)
WHEREAS, the City of Eden Prairie has requested the State include in its Project pedestrian crosswalk flasher systems; and WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Cooperative
Construction Agreement that identifies ownership, maintenance and financial responsibilities for
said pedestrian crosswalk flasher systems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that MnDOT Agreement 1055511 for State Project 2736 46 (TH 101=87) is hereby approved and the
Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden
Prairie. ADOPTED by the Eden Prairie City Council on March 12, 2024.
Ronald A. Case, Mayor
ATTEST: SEAL
David Teigland, City Clerk
MnDOT Contract: 1055511
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Receivable Standard (Cooperative Agreements)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
AND
CITY OF EDEN PRAIRIE
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number: 2736-46
State Project Number: 1010-10
Trunk Highway Number: 101=187
State Aid Project Number: 194-010-017
Federal Project Number: STBG 2724(090)
Estimated Amount Receivable
$97,000.09
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation (State) and
the City of Eden Prairie, acting through its City Council (City).
Recitals
1. The State will perform bituminous mill and overlay, signal revisions, ADA improvements, and reclaim
bituminous trail construction and other associated construction upon, along, and adjacent to Trunk Highway
(TH) 101 from TH 5 to 500 feet south of County State Aid Highway 62/Townline Road according to
State-prepared plans, specifications, and special provisions designated by the State as State Project
(SP) 2736-46 and SP 1010-10 (TH 101=187) (Project); and
2. The City has requested the State include in its Project pedestrian crosswalk flasher system construction; and
3. The City will participate in the costs of the pedestrian crosswalk flasher system construction and associated
construction engineering; and
4. Agreement 1055510 between the State and the City of Chanhassen will address City of Chanhassen-
requested construction; Agreement 1055513 between the State and the Minnesota Department of Natural
Resources will address Minnesota Department of Natural Resources-requested construction, and
Agreement 1054656 between the State and Carver County and Agreement 1054657 between the State and
Hennepin County will address the Project’s detour; and
5. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining, and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 3. Maintenance by the City; 4. Pedestrian Crosswalk
MnDOT Contract: 1055511
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Receivable Standard (Cooperative Agreements)
Flasher System Power, Ownership, Operation, Maintenance and Compliance; 9. Liability; Worker
Compensation Claims; 11. State Audits; 12. Government Data Practices; 14. Governing Law; Jurisdiction;
Venue; and 16. Force Majeure.
1.4. Plans, Specifications, and Special Provisions. Plans, specifications and special provisions designated by the
State as SP 2736 46 and SP 1010-10 (TH 101=187) are on file in the office of the Commissioner of
Transportation at Saint Paul, Minnesota, and incorporated into this Agreement by reference (Project
Plans).
1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and attached and incorporated
into this Agreement.
2. Construction by the State
2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest
responsible bidder according to the Project Plans.
2.2. Direction, Supervision, and Inspection of Construction.
A. Supervision and Inspection by the State. The State will direct and supervise all construction activities
performed under the construction contract and perform all construction engineering and inspection
functions in connection with the contract construction. All contract construction will be performed
according to the Project Plans.
B. Inspection by the City. The City participation construction covered under this Agreement will be open
to inspection by the City. If the City believes the City participation construction covered under this
Agreement has not been properly performed or that the construction is defective, the City will inform
the State District Engineer's authorized representative in writing of those defects. Any
recommendations made by the City are not binding on the State. The State will have the exclusive right
to determine whether the State's contractor has satisfactorily performed the City participation
construction covered under this Agreement.
2.3. Plan Changes, Additional Construction, Etc.
A. The State will make changes in the Project Plans and contract construction, which may include the City
participation construction covered under this Agreement and will enter into any necessary addenda
and change orders with the State's contractor that are necessary to cause the contract construction to
be performed and completed in a satisfactory manner. The State District Engineer's authorized
representative will inform the appropriate City official of any proposed addenda and change orders to
the construction contract that will affect the City participation construction covered under this
Agreement.
B. The City may request additional work or changes to the work in the plans as part of the construction
contract. Such request will be made by an exchange of letter(s) with the State. If the State determines
that the requested additional work or plan changes are necessary or desirable and can be
accommodated without undue disruption to the project, the State will cause the additional work or
plan changes to be made.
2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause
the construction contract to be completed in a satisfactory manner.
2.5. Utility Adjustments. Adjustments to certain City-owned facilities, including but not limited to, valve boxes
and frame and ring castings, may be performed by the State's contractor under the construction contract.
MnDOT Contract: 1055511
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Receivable Standard (Cooperative Agreements)
The City will furnish the contractor with new units and/or parts for those in place City-owned facilities
when replacements are required and not covered by a contract pay item, without cost or expense to the
State or the contractor, except for replacement of units and/or parts broken or damaged by the
contractor.
3. Maintenance by the City
Upon completion of the project, the City will provide the following without cost or expense to the State:
3.1. Storm Sewers. Routine maintenance of any storm sewer facilities construction within the corporate City
limits. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice
from grates and catch basins, and any other maintenance activities necessary to preserve the facilities and
to prevent conditions such as flooding, erosion, or sedimentation, this also includes informing the District
Maintenance Engineer of any needed repairs.
3.2. Sidewalks. Maintenance of any sidewalk construction within the corporate City limits, including stamped
and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to,
snow, ice, and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk
markings, vegetation control of boulevards (if any) and any other maintenance activities necessary to
perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition.
3.3. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm
sewer facilities constructed under the construction contract that was not included in the drainage for
which the storm sewer facilities were designed, without first obtaining written permission to do so from
the other party.
4. Pedestrian Crosswalk Flasher System Power, Ownership, Operation, Maintenance and Compliance
Power, ownership, operation, maintenance and compliance responsibilities will be as follows for the new
Pedestrian Crosswalk Flasher Systems on TH 101 at Valley View Road and Twilight Trail:
4.1. Power. The City will be responsible for the hook-up cost and application to secure an adequate power
supply to the service pad(s) or pole(s) and will pay all monthly service expenses necessary to operate the
Pedestrian Crosswalk Flasher Systems.
4.2. Ownership, Operation and Maintenance. Upon completion of this project, the City will own the
Pedestrian Crosswalk Flasher Systems. The City will operate and maintain the Pedestrian Crosswalk Flasher
Systems, perform all Gopher State One Call locating, and be responsible for future system replacement, all
at the City's cost and expense. The maintenance includes, but is not limited to, snow, ice and debris
removal of the pedestrian landings and ramps, associated signing, crosswalk pavement markings, lighting,
and maintenance of the advanced warning flasher at the Twilight Trail system without cost or expense to
the State. The City will perform all system maintenance in a timely manner.
4.3. Compliance. The City will also be responsible for replacement or upgrades to meet compliance of current
and future ADA requirements without cost or expense to the State. If the City fails to comply with the
maintenance terms or ADA requirements, or if a safety issue develops, the State may require the City to
remove the Pedestrian Crosswalk Flasher Systems or the State may remove them at the City's cost.
4.4. Right-of-Way Access. The City will submit to the State form "Application for Miscellaneous Work on Trunk
Highway Right-of-Way" (Form 1723) in order to perform TH 101 pedestrian crosswalk marking
maintenance as described in Article 4.2.
MnDOT Contract: 1055511
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Receivable Standard (Cooperative Agreements)
5. Basis of City Cost
5.1. Schedule "I". The Preliminary Schedule "I" includes anticipated City participation construction items and
the construction engineering cost share covered under this Agreement and is based on engineer's
estimated unit prices.
5.2. City Participation Construction. The City will participate in the following at the percentages indicated. The
construction includes the City's proportionate share of item costs for mobilization, field office, field
laboratory, and traffic control.
A. 100 Percent will be the City's rate of cost participation in all of the pedestrian crosswalk flasher system
construction. The construction includes, but is not limited to, those construction items tabulated on
Sheet 2 of the Preliminary Schedule "I".
5.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of
the total City participation construction covered under this Agreement.
5.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract
addenda and change orders that are necessary to complete the City participation construction covered
under this Agreement, including any City requested additional work and plan changes.
The State reserves the right to invoice the City for the cost of any additional City requested work and plan
changes, construction contract addenda, change orders, and associated construction engineering before
the completion of the contract construction.
5.5. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the
construction contract will result in a credit shared by each party in the same proportion as their total
construction cost share covered under this Agreement is to the total contract construction cost before any
deduction for liquidated damages.
6. City Cost and Payment by the City
6.1. City Cost. $97,000.09 is the City's estimated share of the costs of the contract construction and the
8 percent construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary
Schedule "I" was prepared using anticipated construction items and estimated quantities and unit prices
and may include any credits or lump sum costs. Upon award of the construction contract, the State will
prepare a Revised Schedule "I" based on construction contract construction items, quantities, and unit
prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement.
6.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction
engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been
met:
A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I".
B. The City's receipt of a written request from the State for the advancement of funds.
6.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount
due from the City will be final, binding, and conclusive. Acceptance by the State of the completed contract
construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the
contract construction.
6.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final
amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the
MnDOT Contract: 1055511
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Receivable Standard (Cooperative Agreements)
City. The Final Schedule "I" will be based on final quantities and include all City participation construction
items and the construction engineering cost share covered under this Agreement. If the final cost of the
City participation construction exceeds the amount of funds advanced by the City, the City will pay the
difference to the State without interest. If the final cost of the City participation construction is less than
the amount of funds advanced by the City, the State will refund the difference to the City without interest.
The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota
Statutes § 15.415.
7. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
7.1. The State's Authorized Representative will be:
Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, Saint Paul, MN 55155
Telephone: (651) 366-4634
Email: malaki.ruranika@state.mn.us
7.2. The City's Authorized Representative will be:
Name, Title: Carter Schulze, City Engineer (or successor)
Address: 8080 Mitchell Road, Eden Prairie, MN 55344
Telephone: (952) 949-8339
Email: cschulze@edenprairie.org
8. Assignment; Amendments; Waiver; Contract Complete
8.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office. The foregoing does not
prohibit the City from contracting with a third-party to perform City maintenance responsibilities covered
under this Agreement.
8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
8.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the
provision or the party's right to subsequently enforce it.
8.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
9. Liability; Worker Compensation Claims
9.1. Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by
law and will not be responsible for the acts, omissions of others, and the results thereof. Minnesota
Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and
other applicable law govern liability of the City.
9.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
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Receivable Standard (Cooperative Agreements)
10. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
11. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, accounting procedures,
and practices relevant to this Agreement are subject to examination by the State and the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
12. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil
remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the
City or the State.
13. Telecommunications Certification
By signing this agreement, the City certifies that, consistent with Section 889 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, the City will
not use funding covered by this agreement to procure or obtain, or to extend, renew, or enter into any contract
to procure or obtain, any equipment, system, or service that uses “covered telecommunications equipment or
services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any
system or as critical technology as part of any system. The City will include this certification as a flow down
clause in any contract related to this agreement.
14. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
15. Termination; Suspension
15.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
15.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the performance of contract construction under the Project. Termination
must be by written or fax notice to the City.
15.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this
Agreement and all work, activities and performance of work authorized through this Agreement.
16. Force Majeure
No party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
MnDOT Contract: 1055511
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Receivable Standard (Cooperative Agreements)
CITY OF EDEN PRAIRIE
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
PRELIMINARY SCHEDULE "I"
Agreement 1055511
City of Eden Prairie
SP 2736-46 and SP 1010-10 (TH 101=187)Preliminary: March 5, 2024
State Aid Project 194-010-017
Federal Project STBG 2724(090)
Bituminous mill and overlay, signal revisions, ADA improvements, and reclaim bituminous trail construction located on TH 101 from TH 5 to 500 feet south of
County State Aid Highway 62/Townline Road
to start approximately July 2024 under State Contract ____ with ____
CITY COST PARTICIPATION
SP 2736-46 Work Items From Sheet 2 89,814.90
Construction Engineering (8%)7,185.19
(1)Total City Cost $97,000.09
(1) Amount of advance payment as described in Article 6 of the Agreement (estimated amount)
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 1 -
1055511(1) 100% CITY FUNDS
ITEM SP 2736-46 UNIT QUANTITY UNIT PRICE COST
NUMBER WORK ITEM (1)
2021.501 MOBILIZATION LUMP SUM 0.03 145,539.17 4,366.18
2031.502 FIELD OFFICE EACH 0.03 43,819.04 1,314.57
2031.502 FIELD LABORATORY EACH 0.03 23,605.90 708.18
2563.601 TRAFFIC CONTROL LUMP SUM 0.03 56,782.50 1,703.48
2565.616 PEDESTRIAN CROSSWALK FLASHER SYSTEM SYSTEM 0.50 78,454.00 39,227.00
2565.616 PEDESTRIAN CROSSWALK FLASHER SYSTEM SPECIAL SYSTEM 0.50 84,991.00 42,495.50
TOTAL 89,814.90
(1)100% CITY FUNDS $89,814.90
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 2 -
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Standard Agreement for Contract Services with Valley Rich Company, Inc. for Water, Sewer, and Stormwater Utility Repairs
ITEM NO.:
VIII.H.
Requested Action
Move to: Approve the Standard Agreement for contract Services with Valley Rich Company, Inc. for Water, Sewer, and Stormwater Utility Repairs in the amount of $170,000. Synopsis
This contract provides for the emergency repair of public water, sewer, and stormwater underground utilities. The annual contract is an estimated maximum amount, and actual costs will be billed on a time-and-material basis. Background Information Eden Prairie’s water, sewer, and stormwater systems require emergency excavation and repair at times, and this contract provides for these services. Valley Rich has traditionally been our contractor who performs larger, more complicated repair projects, such as repairs in major traffic locations requiring more resources and coordination. Utilities Division requested labor and
equipment rate quotes from Precision Utilities, Valley Rich Company, and Krueger Excavating, and will distribute work among these three contractors depending on who is available at the time of the emergency repair or scheduled project. We have been evaluating the performance of both Precision and Krueger this past year and found both to be satisfactory contractors. Valley Rich will be notified to perform work on an as-needed basis using Exhibit A to the agreement.
All costs accumulated within this agreement will be paid from the water utility enterprise operations and maintenance fund. Attachment Agreement
Master Agreement for Contract Services
This Agreement (“Agreement”) is made on the 12th day of March, 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and _ Valley Rich Company, Inc_, a Minnesota _corporation_(hereinafter "Contractor") whose business address is _147 N Jonathan Blvd # 4, Chaska, MN 55318_.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for
_Water and Sewer Utility Leak Repairs_ 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 water and sewer utility leak repairs as requested by the City. The services are described in the City’s “Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems; Excavation, Installation, and Non-Payment Restoration Procedures” Revised 2022 and the City’s “Standard Detail Specifications for Water Main Systems” Revised 2023 (collectively the “Specifications”) which are available upon request from the Manager of Utility
Operations. All Work shall be performed by Contractor pursuant to a work order (“Work Order”) issued by the City. Each Work Order shall be in the form attached hereto as Exhibit A and shall specify the Work to be completed and date by which it must be completed. All
Work shall be performed pursuant to the applicable Work Order and Specifications and shall be subject to the terms and conditions of this Agreement. No Work shall be performed by the Contactor until it has received a Work Order from the City. Any Contractor’s proposal
and/or general conditions are not a part of this Agreement. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of _March_ 12, 2024. The Agreement shall continue for one (1) year thereafter unless terminated earlier as provided herein. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services required to perform the Work.
b. Contractor’s personnel must be neat appearing and abide by City’s no smoking policies. c. 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 City, to present a first class operation.
d. Contractor shall ensure all repair methods follow AWWA standards of water main health safeguards, including ANSI/AWWA Standard 600-606, AWWA Standard C651-14, and the most recent version of the Ten States Standards for Water Works.
e. Contractor shall obtain a copy of the most recent guide specifications from the City at https://www.edenprairie.org/city-government/departments/public-works/engineering/guide-specifications
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and ensure all foremen assigned to repairs performed for the City read and adhere to the standards prescribed in the following documents contained therein:
(1) Watermain Systems (2) Utility Excavation Install Restore (3) Street Construction-Walkways-Pavement
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate.
b. Provide a City project manager to coordinate on behalf of the City for the repair – typically the On-Call Utility Operator for the day. c. Provide repair parts from City stock unless otherwise indicated by the project manager. d. Provide trucks and haul support for movement of spoil and fill material unless City specifically requests this support from Contractor.
5. Compensation for Services. City agrees to pay the Contractor hourly at the rates set forth in the rate schedule attached as Exhibit B with total payments made in each one year period not to exceed $170,000 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 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 itemized invoices setting forth Work performed under this Agreement. A separate invoice shall be submitted for each Work Order after the Work requested by the Work Order is accepted in writing by the City. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, 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 has designated _Pete Nasvik_ to Manage the Work. He 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 designated 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
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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. 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 under each Work Order: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,000,000 property damage and bodily 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.
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.
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e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
f. All policies shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City.
h. All policies shall be primary and non-contributory. 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. 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
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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.
11. 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 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement.
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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.
12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address:
__ John Miklya __ __147 N Jordan Blvd #4__ _______ __Chaska, Minnesota __________ __55318__________________________ Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Manager of Utility Operations City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any 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.
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. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. 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. 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. 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,
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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. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant 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. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. 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.
19. 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. 20. 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. 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. 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
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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.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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 Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing. 26. Entire Agreement. 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. 27. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________ Mayor
___________________________________ City Manager CONTRACTOR
By: ________________________________
John Miklya Its: ________________________________
Exhibit A: Work Order
Utility Repair Contractor Work Order
For Standard Agreement for Contract Services between Valley Rich Contracting,
Inc. and the City of Eden Prairie dated 12 March 2024
Address / Location of Repair
Date Issued Time Issued
Complete by date/time Water Storm Sewer
Description of Repair
Contractor Contact Contractor Contact Phone
City Contact City Contact Phone
City Obligations Contractor Responsibilities
Traffic control Excavator
Pavement and curb saw cuts Trench Box
Dump with operator Compactor
Water isolation and turn-on Skid-Steer
Repair parts Traffic Control
Fill material per city spec Repair parts per city spec
Street surface restoration Asphalt replacement
Curb restoration Concrete replacement
Turf restoration Turf restoration
Permits by City Contractor
Locates by City Contractor
Easement access City Contractor
Notes
Exhibit B, Rate Schedule for 2024
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Standard Agreement for Contract Services with Precision Utilities, Inc. for Water, Sewer, and Stormwater Utility Repairs
ITEM NO.:
VIII.I.
Requested Action
Move to: Approve the Standard Agreement for contract Services with Precision Utilities, Inc. for Water, Sewer, and Stormwater Utility Repairs in the amount of $170,000. Synopsis
This contract provides for the emergency repair of public water, sewer, and stormwater underground utilities. The annual contract is an estimated maximum amount, and actual costs will be billed on a time-and-material basis. Background Information Eden Prairie’s water, sewer, and stormwater systems require emergency excavation and repair at times, and this contract provides for these services. Utilities Division requested quotes from Precision Utilities, Inc., Valley Rich Company, and Krueger Excavating, intending to distribute work among these three contractors depending on who is available at the time of the emergency
repair or scheduled project. Precision Utilities from Mayer, MN has provided this contractual service for the City in 2023 and offered their services at rates which are very competitive with the others. They have demonstrated a great deal of flexibility in being able to respond to our after-hours emergency requests. We are therefore requesting approval of the attached emergency repair contract with Precision Utilities to better meet our emergency service needs.
All costs accumulated within this agreement will be paid from the water utility enterprise operations and maintenance fund. Attachment Attach – 1 Agreement
Master Agreement for Contract Services
This Agreement (“Agreement”) is made on the 12th day of March, 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and _ Precision Utilities, Inc_, a Minnesota _corporation_(hereinafter "Contractor") whose business address is _14067 62nd Street, Mayer, MN 55360_. 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
_Water and Sewer Utility Leak Repairs_ 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 water and sewer utility leak repairs as requested by the City. The services are described in the City’s “Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems; Excavation, Installation, and Non-Payment Restoration Procedures” Revised 2022 and the City’s “Standard Detail Specifications for Water Main Systems” Revised 2023 (collectively the “Specifications”) which are available upon request from the Manager of Utility
Operations. All Work shall be performed by Contractor pursuant to a work order (“Work Order”) issued by the City. Each Work Order shall be in the form attached hereto as Exhibit A and shall specify the Work to be completed and date by which it must be completed. All
Work shall be performed pursuant to the applicable Work Order and Specifications and shall be subject to the terms and conditions of this Agreement. No Work shall be performed by the Contactor until it has received a Work Order from the City. Any Contractor’s proposal
and/or general conditions are not a part of this Agreement.
2.Effective Date and Term of Agreement. This Agreement shall become effective as of _March_ 12, 2023. The Agreement shall continue for one (1) year thereafter unless terminated earlier as provided herein.
3.Obligations of Contractor. Contractor shall conform to the following obligations:a.Contractor shall provide the materials and services required to perform the Work.
b.Contractor’s personnel must be neat appearing and abide by City’s no smoking policies.c.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 City, to present a first class operation.
d.Contractor shall ensure all repair methods follow AWWA standards of water main health safeguards, including ANSI/AWWA Standard 600-606, AWWA Standard C651-14, and the most recent version of the Ten States Standards for Water Works.
4.City’s Obligations. City will do or provide to Contractor the following:a.Provide access to City properties as appropriate.
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5.Compensation for Services. City agrees to pay the Contractor hourly at the rates set forth in the rate schedule attached as Exhibit B with total payments made not to exceed $170,000 as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement.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 itemized invoices setting forth Work performed under this Agreement. A separate invoice shall be submitted for each Work Order after the Work requested by the Work Order is accepted in writing by the City. Invoices submitted shall be paid in the same manner as other claims made to the City.b.Claims. To receive any payment on this Contract, 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 has designated _Dan Lipe_ to Manage the Work. He 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 designated 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 Contract. 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.
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b.Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work under each Work Order:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,000,000 property damage and bodily 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 onISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insuranceshall cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liabilityassumed under an insured contract (including the tort liability of another assumed ina 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 notavailable.
e.All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13;and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
f.All policies shall apply on a “per project” basis.
g.All polices shall contain a waiver of subrogation in favor of the City.
h.All policies shall be primary and non-contributory.
i.All polices, except the Worker’s Compensation Policy, shall insure the defense andindemnity obligations assumed by Contractor under this Agreement.
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j.Contractor agrees to maintain all coverage required herein throughout the term of theAgreement 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 todo business in the state in Minnesota and having a current A.M. Best rating of noless than A-, unless specifically accepted by City in writing.
n.A copy of the Contractor’s Certificate of Insurance which evidences thecompliance with this Paragraph, must be filed with City prior to the start ofContractor’s Work. Upon request a copy of the Contractor’s insurance declarationpage, Rider and/or Endorsement, as applicable shall be provided. Such documentsevidencing Insurance shall be in a form acceptable to City and shall providesatisfactory 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 ofInsurance, declaration page, Rider, Endorsement or certificates or other evidence ofinsurance, 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 toenforce the terms of Contractor’s obligations hereunder. City reserves the right toexamine any policy provided for under this paragraph.
o.Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to providethe specified insurance, then Contractor will defend, indemnify and hold harmless theCity, the City's officials, agents and employees from any loss, claim, liability andexpense (including reasonable attorney's fees and expenses of litigation) to the extentnecessary to afford the same protection as would have been provided by the specifiedinsurance. Except to the extent prohibited by law, this indemnity applies regardless ofany 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 riseto a claim which would have been covered by the specified insurance) is attributable tothe negligent or otherwise wrongful act or omission (including breach of contract) ofContractor, its subcontractors, agents, employees or delegates. Contractor agreesthat 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 tocomply with that applicable law. The stated indemnity continues until all applicablestatutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to:
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i.Furnish and pay for a surety bond, satisfactory to the City, guaranteeingperformance of the indemnity obligation; or
ii.Furnish a written acceptance of tender of defense and indemnity fromContractor'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, andemployees and hold them harmless from and against all judgments, claims, damages, costsand expenses, including a reasonable amount as and for its attorney’s fees paid, incurred orfor which it may be liable resulting from any breach of this Agreement by Contractor, itsagents, contractors and employees, or any negligent or intentional act or omissionperformed, taken or not performed or taken by Contractor, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Contractor harmless fromand against any loss for injuries or damages arising out of the negligent acts of the City, itsofficers, agents or employees.
11.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 ornon-performance of the other party (“notified party”) shall give the notified partynotice in writing of the notifying party’s desire to terminate this Agreement describingthe 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 shallautomatically terminate.
b.Upon the termination of this Agreement, whether by expiration of the original or anyextended 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 premisesany and all of Contractor’s equipment and other property. Except for liability resultingfrom 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 ceaseupon such termination. Any prior liability of a party shall survive termination of thisAgreement.
c.In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of anyproceeding under any bankruptcy or insolvency law, or the service of any warrant,attachment, levy or similar process involving Contractor, City may, at its option inaddition to any other remedy to which City may be entitled, immediately terminatethis Agreement by notice to Contractor, in which event, this Agreement shallterminate on the notice becoming effective.
12.Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified
mail at the following address:
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__ Dan Lipe __ __14067 62nd St __ _______
__Mayer , Minnesota __________ __55360_________________________
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address:
Manager of Utility Operations City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Notices shall be deemed effective on the date of receipt. Any 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.
13.Independent Contractor. Contractor is an independent contractor engaged by City toperform the services described herein and as such (i) shall employ such persons as it shalldeem necessary and appropriate for the performance of its obligations pursuant to thisAgreement, who shall be employees, and under the direction, of Contractor and in norespect employees of City, and (ii) shall have no authority to employ persons, or makepurchases of equipment on behalf of City, or otherwise bind or obligate City. No statementherein shall be construed so as to find the Contractor an employee of the City.
14.Assignment. Neither party shall assign this Agreement, nor any interest arising herein,without the written consent of the other party.
15.Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, orprepared or assembled by the Contractor under this Agreement which the City requests tobe kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures andpractices of the Contractor or other parties relevant to this Agreement are subject toexamination by the City and either the Legislative Auditor or the State Auditor for a period ofsix (6) years after the effective date of this Agreement. This Agreement is subject to theMinnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data PracticesAct). 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 byContractor 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 shallcomply with those requirements as if it were a government entity. All subcontracts enteredinto by Contractor in relation to this Agreement shall contain similar Data Practices Actcompliance language.
16.Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant 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 foremployment. The Contractor shall incorporate the foregoing requirements of this paragraph
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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.
17.Conflicts. No salaried officer or employee of the City and no member of the Council, orCommission, or Board of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the agreement void.
18.Employees. Contractor agrees not to hire any employee or former employee of City andCity agrees not to hire any employee or former employee of Contractor prior to terminationof this Agreement and for one (1) year thereafter, without prior written consent of the formeremployer in each case.
19.Rights and Remedies. The duties and obligations imposed by this Agreement and therights and remedies available thereunder shall be in addition to and not a limitation of anyduties, obligations, rights and remedies otherwise imposed or available by law.
20.Damages. In the event of a breach of this Agreement by the City, Contractor shall not beentitled to recover punitive, special or consequential damages or damages for loss ofbusiness.
21.Enforcement. The Contractor shall reimburse the City for all costs and expenses, includingwithout 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 rightsor remedies of the City under this Agreement.
22.Mediation. Each dispute, claim or controversy arising from or related to this agreementshall be subject to mediation as a condition precedent to initiating arbitration or legal orequitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American ArbitrationAssociation then currently in effect. A request for mediation shall be filed in writing with theAmerican Arbitration Association and the other party. No arbitration or legal or equitableaction may be instituted for a period of 90 days from the filing of the request for mediationunless a longer period of time is provided by agreement of the parties. Cost of mediationshall be shared equally between the parties. Mediation shall be held in the City of EdenPrairie unless another location is mutually agreed upon by the parties. The parties shallmemorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court havingjurisdiction thereof.
23.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24.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 decisionshall not affect the remaining provisions of this Contract.
25.Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiverof any right or duty afforded any of them under the Agreement, nor shall any such action or
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failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
26.Entire Agreement. The entire agreement of the parties is contained herein. ThisAgreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect betweenthe parties relating to the subject matter hereof. Any alterations, amendments, deletions, orwaivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
27.Compliance with Laws and Regulations. In providing services hereunder, the Contractorshall abide by statutes, ordinances, rules, and regulations pertaining to the provisions ofservices to be provided. Any violation of statutes, ordinances, rules and regulationspertaining to the services to be provided shall constitute a material breach of this Agreement
and entitle the City to immediately terminate this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________ City Manager
CONTRACTOR
By: ________________________________ Dan Lipe
Its: __________President______________
Exhibit A: Work Order
Utility Repair Contractor Work Order
For Standard Agreement for Contract Services between Precision Utilities, Inc.
and the City of Eden Prairie dated 12 March 2024
Address / Location of Repair
Date Issued Time Issued
Complete by date/time Water Storm Sewer
Description of Repair
Contractor Contact Contractor Contact Phone
City Contact City Contact Phone
City Obligations Contractor Responsibilities
Traffic control Excavator
Pavement and curb saw cuts Trench Box
Dump with operator Compactor
Water isolation and turn-on Skid-Steer
Repair parts Traffic Control
Fill material per city spec Repair parts per city spec
Street surface restoration Asphalt replacement
Curb restoration Concrete replacement
Turf restoration Turf restoration
Permits by City Contractor
Locates by City Contractor
Easement access City Contractor
Notes
24 Hour Emergency Service
www.precisionutilities.com
14067 62nd St Dan (612) 251-1976
Mayer, MN 55360 Cory (952) 232-8511
Rates with operator:
Excavators:Rate / Hour Attachments:Rate / Day
Labor:Rate / Hour
Compaction:Rate / Day
Other:
Loaders: Rate / Hour
Prices are in effect January 1, 2024
Addition Terms
Terms:
Mini $160 Hydro Hammer $320
Mid-Size $200 Plate Packer $270
Large $235
Laborer (7:00 am - 3:30 pm Mon-Fri)$125
Jumping Jack $110 Overtime (before/after 7:00-3:30 & Sat)$188
Plate Tamper $160 Double Time (Sundays & Holidays)$250
Walk Behind Drum $235
Mobilization (per job)$340 / Move
Track Skid Loader $160 Trench Box $325 / Day
Front End Loader $205
Permit fees incurred by Precision will be invoiced to the City.
Precision Utilities is NOT responsible for any unmarked utilities.
Precision Utilities is NOT responsible for locating/marking or repairing irrigation lines.
All jobs are billed on a time and material basis with a retention of 0%.
A 10% mark-up on all materials and subcontractors will be added.
Net 30 days.
Exhibit B: Rate Schedule
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Accept Bids and Award Contract to BKJ for the Viking Drive Trail Construction Project
ITEM NO.:
VIII.J.
Motion Move to: Accept the bids and award contract for the construction of a bituminous trail along Viking Drive to BKJ Land Company in the amount of $202,959.50. Synopsis
The City advertised for the construction of an eight-foot wide bituminous trail along Viking Drive from the recently constructed trail along the Shutterfly property west to Golden Triangle Drive. The City received 9 bids, with BKJ being the low bidder. Background The scope of this project is to construct new bituminous trail to fill in the gap between the new trail constructed during the recent Shutterfly project and Golden Triangle Drive. This section was
identified as a need in the recent Pedestrian and Bicycle Master Plan and would also connect the properties along Viking Drive to the recreational loop trail around Smetana Lake. The engineer’s estimate for the project was $300,485.00 and recommends approval of the contract. The funding for this sidewalk project comes from the Capital Improvement Program,
Capital Maintenance and Reinvestment. Attachments
Construction Contract Agreement – BKJ Land Company Summary of Bids Letter of Recommendation from HTPO
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 12th day of March, 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and BKJ Land Co II dba BKJ Excavating, a Minnesota Company, hereinafter referred to as the “CONTRACTOR.”
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: Viking Drive Trail Construction
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $202,959.50. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
CONTRACTOR ______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
SUMMARY OF BIDS
City of Eden Prairie
PROJECT NAME: Viking Drive Trail
BIDS OPENED: 03/05/2024
CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc.
CHECKED BY: Hansen Thorp Pellinen Olson, Inc.
Bid Responsible
Bidder Bond Contractor Form Bid
Engineer’s Estimate $ 300,485.00
BKJ Land Co II dba BKJ Excavating. Yes Yes $ 202,959.50
Northwest Asphalt, Inc. Yes Yes $ 214,717.20
Vada Contracting, LLC. Yes Yes $ 217,980.00
Sunram Construction, Inc. Yes Yes $ 236,524.00
Blackstone Contractors LLC Yes Yes $ 258,468.57
GMH Asphalt Corporation Yes Yes $ 264,700.65
Park Construction Company Yes Yes $ 270,370.20
New Look Contracting, Inc. Yes Yes $ 293,036.00
Urban Companies Yes Yes $ 319,927.00
March 5, 2024
Matt Bourne
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Viking Drive Trail Project
Dear Mr. Bourne,
Bids were received and opened at 10:00 am on Tuesday, March 5th, for the above
referenced project. The bids are shown on the attached Summary of Bids.
The low bidder, BKJ Land Co II dba BKJ Excavating, came in with a total bid of the
following amount:
Project Total: $ 202,959.50
Recommendation is made that the City Council award the Viking Drive Trail
project to BKJ Land Co II dba BKJ Excavating in the total amount of $202,959.50
for the project. This recommendation considers that the City Council reserves the
right to waive minor irregularities and further reserves the right to award the
contract in the best interests of the City.
Respectfully,
Hansen Thorp Pellinen Olson, Inc.
Aaron Carrell, P.E.
Principal
Enclosures
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT / DIVISION:
Amy Markle
Parks and Recreation Director
ITEM DESCRIPTION:
Lease Agreement with Metropolitan Airports Commission for Flying Cloud Fields
ITEM NO.:
VIII.K.
Requested Action Move to: Approve Lease Agreement with the Metropolitan Airports Commission (MAC) for
Flying Cloud Fields through December 31, 2029
Synopsis The City and MAC entered into a lease for Flying Cloud Fields in 2010, which was subsequently
amended and extended, and expired on December 31, 2020. MAC is in the midst of long-term
comprehensive planning for the Flying Cloud Airport, which may affect the use of the athletic field property. MAC and the City entered into one-year leases in 2021, 2022, and 2023. MAC has now offered the City a six-year lease for Flying Cloud Fields, beginning January 1, 2024 and
terminating on December 31, 2029. The parties may extend the term beyond that date upon future
agreement. The rent amount for 2024 is $30,000, which amount will increase 2.5% annually for each lease year. Staff recommends approval of the Lease Agreement. Background
Flying Cloud Fields are owned by MAC. The property has been leased by the City of Eden Prairie and used by community athletic associations since the 1960s. The fields are currently used by the Eden Prairie Soccer Club, Eden Prairie Soccer Association, Eden Prairie Football Association, Eden Prairie Lacrosse Association, Eden Prairie Baseball Association, and Miracle League Field participants.
Attachment Athletic Fields Area Lease Agreement
1
ATHLETIC FIELDS AREA LEASE AGREEMENT
THIS ATHLETIC FIELDS AREA LEASE AGREEMENT (“Lease”) is made between the Metropolitan
Airports Commission (“Commission” or “MAC”), a public corporation of the State of Minnesota, as
Lessor, and the City of Eden Prairie (“City” or “Tenant”), a Minnesota municipal corporation, as
Lessee.
WITNESSETH:
WHEREAS, pursuant to a Memorandum of Understanding (“MOU”) dated December 17, 2002, the
City leased the property shown on attached Exhibit A from the Commission for athletic fields pursuant to leases entered into in 2010 as subsequently amended and extended; and
WHEREAS, the 2010 leases expired on December 31, 2020, and the City and Commission entered
into a short-term lease that commenced May 1, 2021, and expired December 31, 2021; a short-
term lease commencing January 1, 2022, and expiring December 31, 2022; and a short-term
lease commencing January 1, 2023, and expiring December 31, 2023; and
WHEREAS, the Commission is in the midst of long-term comprehensive planning for the Flying
Cloud Airport that may affect use of the leased property; and
WHEREAS, the City desires to use the property to operate athletic fields; and
WHEREAS, this Lease was authorized by the Commission on __________________, 2024.
NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto
agree as follows:
1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the
terms and conditions stated herein, the following portions of the lands constituting Flying
Cloud Airport (“Airport”) in Hennepin County, Minnesota, totaling approximately 65 acres,
more particularly described as follows (“Premises”):
A. Lease Area 1 (“Expansion Area”)
That part of the Southeast Quarter of the Southwest Quarter of Section 21 and that part of the Northeast Quarter of the Northwest Quarter of Section 28, Township 116,
Range 22, Hennepin County, Minnesota described as follows:
Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes
26 seconds West along the South line of said Southeast Quarter of the
Southwest Quarter a distance of 619.08 feet to the beginning of the land
to be described; thence North 25 degrees 24 minutes 54 seconds East a
distance of 130. 77 feet; thence North 9 degrees 37 minutes 04 seconds
East a distance of 298.26 feet; thence North 16 degrees 44 minutes 37
2
seconds East a distance of 484.35 feet; thence North 25 degrees 24 minutes 54 seconds East a distance of 69. 17 feet; thence North 23 degrees
39 minutes 26 seconds West a distance of 28.43 feet; thence North 67
degrees 07 minutes 36 seconds West a distance of 331. 31 feet; thence
North 61 degrees 24 minutes 58 seconds West a distance of 90.45 feet;
thence North 67 degrees 07 minutes 36 seconds West a distance of 212.98
feet; thence South 77 degrees 08 minutes 46 seconds West a distance of
208. 97 feet: thence
South 1 degree 01 minutes 47 seconds East a distance of 433.95 feet;
thence South 88 degrees 58 minutes 13 seconds West a distance of 200.00
feet to the easterly right of way line of H. C. S.A.H. No. 4; thence South 1
degree 01 minutes 47 seconds East along said easterly right of way line a distance of 1210. 16 feet; thence North~86 degrees 30 minutes 19 seconds
East a distance of 316.86 feet; thence North 43 degrees 48 minutes 41
seconds East a distance of 454.24 feet; thence North 25 degrees 24
minutes 54 seconds East a distance of 141. 12 feet to the point of
beginning.
As designated as "Lease Area 1" on the plat attached hereto as Exhibit A and made a part hereof.
The Premises shall be subject to the reservation of an access easement in favor of the
MAC or its assigns over, under and across the area cross-hatched and depicted in the
attached Exhibit B (the "Access Easement"). The Access Easement is intended to be
used to construct and maintain vehicular access to the MAC parcel to the north of the
Premises. The portion of the Access Easement that is existing roadway shall continue to be maintained at the sole cost and expense of the City at all times relevant to the
term of this Lease.
B. Leased Area 2
That part of the Southeast Quarter of the Southwest Quarter and the Southwest
Quarter of the Southeast Quarter of Section 21, Township 116, Range 22, and that part
of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the
Northeast Quarter of Section 28, Township 116, Range 22, Hennepin County,
Minnesota, described as follows:
Commencing at the southeast corner of the Southeast Quarter of the
Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes
26 seconds West along the South line of the Southeast Quarter of the Southwest Quarter of said Section 21 a distance of 619.08 feet to the
beginning of the land to be described; thence North 25 degrees 24 minutes
54 seconds East a distance of 130.77 feet; thence North 9 degrees 37
minutes 04 seconds East a distance of 298. 26 feet; thence North 16 degrees 44 minutes 37 seconds East a distance of 484.35 feet; thence
North 25 degrees 24 minutes 54 seconds East a distance of 69. 17 feet;
thence South 23 degrees 39 minutes 26 seconds East a distance of 0.65
3
feet; thence South 66 degrees 56 minutes 19 seconds East a distance of 72.46 feet; thence North 68 degrees 03 minutes 41 seconds East a
distance of 36. 18 feet; thence South 70 degrees 29 minutes 07 seconds
East a distance of 47.68 feet; thence South 65 degrees 52 minutes 46
seconds East a distance of 202.92 feet; thence South 64 degrees 53
minutes 29 seconds East a distance of 190.40 feet; thence South 64
degrees 24 minutes 47 seconds East a distance of 503.52 feet; thence
South 58 degrees 42 minutes 09 seconds East a distance of 90.45 feet;
thence South 64 degrees 24 minutes 47 seconds East a distance of 271.03
feet; thence South 60 degrees 35 minutes 56 seconds East a distance of
59.29 feet; thence South 21 degrees 56 minutes 19 seconds East a distance
of 40.07 feet; thence South 64 degrees 24 minutes 47 seconds East a distance of 57.28 feet; thence North 68 degrees 03 minutes 41 seconds
East a distance of 20.98 feet; thence South 25 degrees 24 minutes 54
seconds West a distance of 52.94 feet; thence along a tangential curve,
concave northeast, having a radius of 85.00 feet, a central angle of 52
degrees 00 minutes 23 seconds and a length of 77. 15 feet; thence along
a reverse curve, concave southwest, having a radius of 155.08 feet, a
central angle of 52 degrees 00 degrees 23 seconds and a length of 140.76 feet; thence South 25 degrees 24 minutes 54 seconds West a distance of
17.28 feet; thence South 29 degrees 13 minutes 44 seconds West a
distance of 180.40 feet; thence South 25 degrees 24 minutes 54 seconds
West a distance of 47.49 feet; thence South 44 degrees 42 minutes 35
seconds West a distance of 219.41 feet; thence South 25 degrees 24
minutes 54 seconds West a distance of 174.27 feet; thence South 69
degrees 38 minutes 32 seconds West a distance of 379.90 feet; thence North 63 degrees 30 minutes 44 seconds West a distance of 1151.52 feet;
(hence North 25 degrees 24 minutes 54 seconds East a distance of 141.
12 feet to the point of beginning.
As designated "Lease Area 2" on the plat attached hereto as Exhibit A and made a part
hereof.
2. USE. The Premises may be occupied and used by the City for recreational purposes as
follows:
Solely for the maintenance and operation of ball diamonds, soccer, football, and lacrosse fields and associated ancillary uses.
Use of the Premises hereunder and improvements made in furtherance of such use shall
at all times comply with clearance requirements under FAA regulations and state zoning requirements.
3. TERM. The term of this Lease shall be six years, commencing January 1, 2024, and
expiring December 31, 2029, with two consecutive options to renew for three-year terms
upon mutual agreement of the parties on terms and conditions to be determined at that
time.
4
The Premises or a portion of the Premises are subject to recapture by the Commission
upon six months written notice to the City, with no monetary compensation to the City
except pro-rata reimbursement of rent paid The City may terminate this Lease upon three
months written notice to the Commission with no monetary compensation to the
Commission.
Upon termination or expiration of this Lease or any subsequent renewal, there shall be no
hold-over, and the Commission has no obligation to provide the Premises or any other
Commission or Airport property to the City; the City shall have 90 days within which to
remove its property, equipment and fixtures located or placed thereon and to restore the
Premises to a condition acceptable to the Commission.
4. PARTIAL TERMINATION. At any time during the term of this Lease, MAC or any third
party designated by MAC may enter upon the approximately 8-acre parcel located in the
northwest portion of the Premises generally depicted on the attached Exhibit C (the
“Northwest Parcel”) to allow MAC or any such third party to perform due diligence activities
with respect to potential development or use of the Parcel, so long as such activities do
not materially interfere with City’s use of the Parcel.
At any time during the term of this Lease, MAC reserves the right to unilaterally amend
this Lease to terminate City’s leasehold interest in the Northwest Parcel to facilitate MAC’s
use, sale or lease of the Northwest Parcel for development.
To exercise this right, MAC must deliver a written notice of MAC’s exercise of this right to
City (a “Partial Termination Notice”). A Partial Termination Notice is effective on the later
of (i) the date that is 90 days after City’s receipt of the Partial Termination Notice, or (ii)
the following date, depending on the reason for the partial termination: (a) in the case of
MAC’s sale of the Northwest Parcel, upon the closing date of the sale; (b) in the case of
MAC’s lease of the Northwest Parcel to a third party, upon the effective date of the Lease; or (c) upon MAC’s development of the Northwest Parcel, 150 days after City’s receipt of
the Partial Termination Notice (the “Partial Termination Effective Date”). Prior to the
Partial Termination Effective Date, MAC must deliver to City an amended legal description
of the Premises that reflects exclusion of the Northwest Parcel. MAC will reimburse the
City for any rent paid that is applicable to use of the excluded portion of the Premises
after the Partial Termination Effective Date. City is not entitled to receive any other
compensation for MAC’s exercise of the right to terminate City’s leasehold interest in the Northwest Parcel. At any time between City’s receipt of the Partial Termination Notice
and the Partial Termination Effective Date, City may remove its property, equipment and
fixtures located or placed on the Northwest Parcel, provided City repairs any damage
caused by such removal. Any property, equipment or fixtures not so removed shall be
conclusively deemed to have been abandoned, and MAC or its successor in interest may
dispose of such property, equipment and fixtures as they see fit.
The City and MAC agree to add the Northwest Parcel to Exhibit A of the 2010 Memorandum
of Understanding Regarding Certain Development Projects at Flying Cloud Airport. The
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City and MAC also agree to modify Exhibit B to this Lease as necessary to provide access to the Northwest Parcel.
5. ASSIGNMENT OF LEASE. The City shall not assign or transfer this Lease, nor permit this
Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The City
shall not sublease the whole or any part of the Premises.
6. CONSTRUCTION AND MAINTENANCE. In addition to the Premises, it is understood that
certain aspects of the ball fields are located off the Premises, including temporary fence,
storm sewer culverts and aprons, and infiltration/drainage ditches, as shown in the plans
and specifications prepared by Hansen Thorp Pellinen Olson, Engineers, on February 10, 2000. These structures are understood to be included as previous improvements to the
Premises, for which the City shall maintain and operate, and repair and replace as
necessary the personality, equipment and fixtures of a non-permanent nature as are
incident to the development of the Premises for the authorized uses, including grading,
seeding or sodding as required and construction of physical improvements thereto and
thereon, all at no cost to the Commission and subject to removal by Lessee of all property,
equipment and fixtures and, if necessary, the restoration of the Premises on termination of this Lease. If maintenance of the detention pond, into which the ball field drainage
empties, becomes necessary, the City will pay a pro-rata portion of the expenses. The
pro-rata portion will be the estimated amount of drainage into the pond from the ball
fields of the total drainage into the pond.
All plans for the grading and construction of and relating to replacement of or alterations
to the Premises, facilities or improvements shall require Commission staff review and
approval, and in addition, all expansion, construction, repair, replacement and alteration
plans must meet the requirements of the Federal and State regulatory agencies for
clearance and protection of approaches in respect to the airport. Final design by City for
the Premises shall be subject to review and approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational
requirements. The City will provide for the storm water retention needs relating to the
Premises. All work shall be carried on at such time or times and under such control as
the Commission’s Airport Manager may impose to coordinate the same with the necessary
continuous operation of the airport. The City shall fence the Premises, according to
Commission requirements, to prevent unauthorized access to the airport operational
areas.
In addition, the City agrees to comply with the notification and review requirements
covered in Part 77 of the Federal Aviation Regulations in the event any future structure or
building is planned for the Premises, or in the event of any planned modification or
alteration of any present or future building or structure situated on the Premises.
All work shall be completed at City’s cost, and City shall notify Commission prior to
continuing any work if any foreseen or unforeseen environmental conditions exist or
manifest; keep the Premises, this Lease and every improvement on the Premises free and
clear from all liens for labor performed and materials furnished; and defend, at City’s cost,
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each and every lien asserted or filed against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting
from such lien.
In addition to the monetary rent paid to the Commission, the City shall, at all times and
at no cost or expense to Commission, maintain the Premises and all improvements thereon
in a neat and clean condition and in good repair and shall keep the Premises free from
debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on
the Premises and shall permit no illegal acts or conduct thereon or such as will constitute
a nuisance.
7. RENT. As rent for the Premises the City shall pay annually in advance an amount of $30,000.00 during the term of the Lease and any renewals. This rental amount shall be
escalated by 2.5% annually.
Year Rent
2024 $30,000.00
2025 $30,750.00
2026 $31,518.75
2027 $32,306.72
2028 $33,114.39
2029 $33,942.25
City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection,
and storm sewer charges, environmental charges and fees, or other similar charges used
on or attributable to the Premises, together with any taxes, penalties, interest or
surcharges associated with such utilities and charges.
City shall pay all applicable taxes (including, but not limited to, property taxes),
assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises,
buildings, improvements or other property located thereon, or upon City’s use or
occupancy, for whatever term deemed applicable to City by that governmental authority.
City shall pay these amounts without deduction or set-off against Rent to be paid under
this Lease.
8. INSURANCE. The City agrees to indemnify and save harmless the Commission from any
and all claims or causes of action arising or claimed to arise by reason of injury or death
to person or damage to property and arising out of or incidental to the Commission’s grant
to the City of this Lease or out of act or omission of person or persons incident to use and
occupancy of the premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability,
blanket contractual liability and property damage including personal and advertising and
products liability, or (ii) provide self-insurance of equivalent protection. Such policy of
policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as
such statute may be amended or modified from time to time, which currently requires one
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million five hundred thousand dollars ($1,500,000) per accident or occurrence or five hundred thousand dollars ($500,000) per person. The general liability insurance shall
name the City as insured and shall also name the Commission as additional insured by
endorsement to the policy or policies. The City also shall maintain statutory workers’
compensation insurance or self-insurance for all employees performing work under this
agreement.
Nothing in this Lease constitutes a waiver by the City of any statutory or common law,
defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie
under this section cannot exceed the greater of (i) the amount that the City would be
obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the
amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 7.
9. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save
harmless the Commission from any and all claims, liens or liability which may arise from
City’s construction, maintenance, repair or replacement aforesaid or from claims of labor
or materials involved in or rising out of the same.
The City shall indemnify, defend and hold harmless Commission from and against any and
all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for
loss, damage or injury to persons or property on or about the lands under Lease from
whatever cause, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under
Lease or loss damage to or destruction of improvements, facilities and structures thereon.
Nothing in this Agreement constitutes a waiver by the City of any statutory or common
law, defenses, immunities, or limits on liability. The obligation of the City under this section
cannot exceed the greater of (i) amount that the City would be obligated to pay under
the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 8.
10. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval
and agreement of the FAA and MN/DOT, Division of Aeronautics that the development
and use of such lands for recreational purposes would not conflict with aircraft operations
to and from the airport and would comply with the clearance and approach requirements
presently applicable at said airport.
11. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and
regulations of the United States of America, the State of Minnesota, or of agencies,
departments or divisions of either (including but not limited to the Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises
and the use thereof or relating to control of ground and air traffic, aircraft operations and
the general use and operation of the airport; and the City shall see to the payment of any
all taxes, assessments, license fees or other charges that may be legally levied, assessed
or made during the term of this Lease or any extension thereof by reason of the uses
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hereby permitted of the Premises. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission.
12. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the
height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal
Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the
Commission reserves the right to enter upon the Premises and to remove the offending
structure or object and cut the offending tree, all of which shall be at the expense of the
City. Further, the City agrees that no lights will be permitted (including automobile
headlights) or installed on the Premises which will have a detrimental effect on control
tower operations or otherwise affect night operations.
13. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to
prevent any use of the Premises which might interfere with the landing and taking off of
aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute
a hazard, or interfere with air navigation, weather reporting (e.g., ASOS/critical area
located on Leased Area 2), and communication facilities presently or in the future serving
the Airport. In the event the aforesaid covenant is breached, the Commission reserves
the right to enter upon the Premises and cause the abatement of such interference at the
expense of the City.
14. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the Commission as
owner and operator of the aforesaid public airport of which the subject Premises constitute
a part.
15. [DELETED.]
16. COMMISSION RESERVATIONS. Commission reserves the right to further develop or
improve the landing area of the Airport as it sees fit, regardless of the desires or view of
the City.
Commission reserves the right, but shall not be obligated to the City, to maintain and keep
in repair the landing area of the Airport and all publicly-owned facilities of the airport,
together with the right to direct and control all activities of the City in this regard.
17. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents
and employees or contractors have a right of entry upon the Premises, as may be
necessary in the development, maintenance and operation of the airport, including for the
purpose of wildlife management. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be
necessary to the development, maintenance and operation of said airport, provided
Commission shall at its cost and expense, repair any damages and restore any portion of
the Premises damaged by reason of such installation and maintenance. However, if the
City causes the need for such repair, construction, installation, or maintenance, the
Commission will not pay to repair or restore any part of the Premises.
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In addition, Commission shall at all times and through its agents and employees or
contractors have a right of entry upon the Premises to allow Commission (or its agents
and employees or contractors) to perform due diligence activities on the Premises, so long
as such activities do not materially interfere with City’s use of the Premises.
18. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City
will advise those making use of or coming on the Premises and the parents of those
children making use of the Premises that Commission has no responsibility in respect to
maintenance, care, policing, control and supervision of the premises so long as this Lease
is in effect. The City will post signage visible to property users that the Premises are
owned by the Metropolitan Airports Commission.
19. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or
otherwise) “left over” from City’s use and occupancy of the Premises are the property of
the City and must be removed by the City. Waste disposal must follow all county, state
and federal regulations. MAC is not the owner, generator or the party responsible for
removal/disposal of this waste/material.
City shall also notify MAC of any spills or dumping, regardless of the amount, occurring
on Airport property to which the City has knowledge. If MAC incurs costs related to a spill
or other environmental expense related to City’s operations at the Airport, unless due to
the negligence of MAC, MAC will bill City for all MAC’s costs, plus a fifteen percent (15%) administrative fee. City shall pay MAC within thirty (30) days of invoice.
20. NOTICE. All notices or communications between Commission and City shall be deemed
sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii)
by registered or certified mail return receipt requested, or (iii) by nationally recognized
overnight courier service. Except as otherwise specified herein, all notices and other
communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given
by certified or registered mail, or (c) the first (1st) business day after the date of posting
if delivered by a nationally recognized courier delivery service. Notices hereunder may be
given by the respective attorneys for any of the parties. Addresses for all notices are as
follows:
Commission: Metropolitan Airports Commission Attn: Director, Revenue & Business Development
6040 28th Avenue South
Minneapolis, MN 55450
City: City of Eden Prairie
Attn: Director of Parks and Recreation Services
8080 Mitchell Road
Eden Prairie, MN 55344
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Either party may change the party’s address for notice by providing written notice to the other party.
21. WAIVER. The waiver by Commission or City of any breach of any term of this Lease shall
not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease.
22. COMMITMENTS TO FEDERAL AND STATE AGENCIES. Nothing in this Lease shall be
construed to prevent Commission from making such commitments as it desires to the
Federal Government or the State of Minnesota in order to qualify for the expenditure of
Federal or State funds on the Airport.
This Lease shall be subordinate to the provisions of and requirements of any existing or
future agreement between Commission and the United States, relative to the
development, operation, or maintenance of the Airport.
23. RIGHT OF FLIGHT / NOISE. There is hereby reserved to the Commission, its successors
and assigns, for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the Premises, together with the right to cause
in said airspace any noise inherent in the operation of any aircraft used for navigation or
flight through the said airspace or landing at, taking off from, or operation on the Airport.
24. ADDITIONAL FAA REQUIRED PROVISIONS
Performance of Services on Aircraft. It is clearly understood by Tenant that no right or
privilege has been granted which would operate to prevent any person, firm, or
corporation operating aircraft on the Airport from performing any services on its own
aircraft with its own regular employees (including, but not limited to, maintenance and
repair) that it may choose to perform, in accordance with MAC policies.
General Civil Rights Provision. In all its activities within the scope of its airport program,
the Tenant agrees to comply with pertinent statutes, Executive Orders, and such rules as
identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that
no person shall, on the grounds of race, color, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or
disability be excluded from participating in any activity conducted with or benefiting from
Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
If the Tenant transfers its obligation to another, the transferee is obligated in the same
manner as the Tenant.
The above provision obligates the Tenant for the period during which the property is
owned, used or possessed by the Tenant and the Airport remains obligated to the Federal
Aviation Administration.
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Title VI Clauses for Transfer of Real Property Acquired or Improved Under the Airport
Improvement Program. The Tenant for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof,
does hereby covenant and agree as a covenant running with the land that: (1) In the
event facilities are constructed, maintained, or otherwise operated on the property
described in this Lease or Agreement for a purpose for which a Federal Aviation
Administration activity, facility, or program is extended or for another purpose involving
the provision of similar services or benefits, the Tenant will maintain and operate such
facilities and services in compliance with all requirements imposed by the
Nondiscrimination Acts and Regulations listed in the Title VI List of Pertinent
Nondiscrimination Acts and Authorities (as may be amended) such that no person on the
grounds of race, color, or national origin, will be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
(2)With respect to this Lease or Agreement, in the event of breach of any of the above
Nondiscrimination covenants, MAC will have the right to terminate the Lease or Agreement
and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same
as if the Lease or Agreement had never been made or issued.
Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity,
Facility or Program. The following clauses will be included in deeds, licenses, permits, or
similar instruments/agreements entered into by MAC pursuant to the provisions of the
Airport Improvement Program grant assurances.
1. The Tenant for himself/herself, his/her heirs, personal representatives, successors
in interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree as a covenant running with the land that (1) no person on the ground of race, color,
or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land, and the furnishing of
services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the Tenant will use the premises in compliance with all other
requirements imposed by or pursuant to the Title VI List of Pertinent Nondiscrimination
Acts and Authorities.
2. With respect to this Lease or Agreement, in the event of breach of any of the
above Non-discrimination covenants, MAC will have the right to terminate the Lease or
Agreement and to enter or re-enter and repossess said land and the facilities thereon, and
hold the same as if said Lease or Agreement had never been made or issued.
Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance
of this contract, the Tenant, for itself, its assignees, and successors in interest (hereinafter
referred to as the “Contractor”) agrees to comply with the following non-discrimination
statutes and authorities; including but not limited to:
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• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of
1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended
(prohibits discrimination on the basis of disability); and 49 CFR part 27
(Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et
seq) (prohibit discrimination on the basis of disability in the operation of public
entities, public and private transportation systems, places of public
accommodation, and certain testing entities) as implemented by U.S. Department
of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (ensures nondiscrimination
against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
13
includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 USC §
1681, et seq).
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IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below.
METROPOLITAN AIRPORTS COMMISSION
By________________________________
Samantha Porter
VP, Finance and Revenue Development
Date______________
CITY OF EDEN PRAIRIE
By________________________________
Ronald A. Case
Mayor
Date________________
By _________________________________
Rick Getschow
City Manager
Date ________________
15
EXHIBIT A
PREMISES
16
EXHIBIT B
17
EXHIBIT C
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award contract for Round Lake Hardcourt Rehabilitation to BKJ Excavating
ITEM NO.:
VIII.L.
Motion
Move to: Award contract for the rehabilitation of the hardcourt facility at Round Lake Park, 16691 Valley View Road, to BKJ Excavating in the amount of $375,935.00. Synopsis
Round Lake hardcourt facility is the City’s largest hardcourt complex housing 8 full size tennis courts. Both the City and Eden Prairie schools utilize the Round Lake Hardcourt Facility to provide educational, competitive, and inclusive programming in support of local youths. Due to deterioration some courts have become hazardous rendering them unplayable because of risk of injury. Others are suffering structural and radial cracking, limiting their longevity. In support of
the city’s long-standing partnership with Eden Prairie Schools and our collaborative dedication in offering educational, competitive, and inclusive programing to our surrounding communities it is essential to provide a quality facility in support this programming. Background
The Round Lake hardcourt facility was last reconstructed in 2009. It was then resurfaced in 2017, a process typically used to extend the useful life by 2 to 5 years. The facility has now reached its useful lifespan and needs rehabilitation. The scope of this project is to replace the entire facility within the same footprint.
The estimated cost of this project is $500,00.00, an expense that will be split between the school district and the city. The city’s budget for this project is $220,000.00. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. City staff and Eden Prairie
schools jointly applied and received grant funding through Hennepin County Youth Sports Grants program. This grant will cover up to 50% of the total cost of the project providing grant funds up to $250,00.00. These funds will also be split 50/50 between the city and school district, reducing the expense for each entity. Construction will begin upon the conclusion of Spring tennis and finish before the start of Fall tennis. Bid Summary and Recommendation The summary of the bids submitted is as follows:
2024 Round Lake Hardcourt Rehabilitation
BKJ Land Co II dba BKJ Excavating $375,935.00
Park Construction Company $396,392.00
Sunram Construction, Inc. $403,675.00
Odessa II $409,810.00
Minnesota Roadways Company $441,277.00
Urban Companies $555,690.00
Attachment
Form of Contract
Exhibit A
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 12th day of March 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and BJK Land Co II dba BKJ Excavating, a Minnesota company, hereinafter referred to as the “CONTRACTOR.” WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: 2024 ROUND LAKE PARK HARD COURT REHABILITATION PROJECT CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $375,935.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans (6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written. CITY OF EDEN PRAIRIE
By: _______________________________ Its: Mayor
By: _______________________________ Its: City Manager
CONTRACTOR ______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Amy Markle, Director,
Parks and Recreation
ITEM DESCRIPTION:
3rd of July Drone Show with Starlight Aerial
Productions
ITEM NO.:
VIII.M.
Requested Action
Move to: Authorize entering into an Agreement with Starlight Aerial Productions for the July 3rd drone show in the amount of $10,000. Synopsis
The City of Eden Prairie has provided a high-quality 4th of July Hometown Celebration for the past 30 + years. We are excited to add the addition of a sensory-friendly drone show to the July 3rd festivities. The Parks and Recreation Department would like to contract with Starlight Aerial Productions in 2024, for a fee of $10,000, for a 12-15 minute, 100-drone show in sync with a
musical soundtrack.
Background In January of 2024, Parks and Recreation staff asked for proposals from multiple drone
companies, and Starlight Aerial Productions was the only company that was available and fit
within our budget (there are very few companies in the Midwest). After reviewing the examples of drone shows that were provided, the Parks and Recreation Department feels that will do a great job and have a long resume of professional shows from weddings to high-profile NFL games.
Over 5,000 people gather around Round Lake Park and the surrounding area on the 3rd of July to enjoy family night during the 2-day 4th of July festival. A sensory friendly drone show will be both family and pet friendly, visually stunning, and add tremendous value to the event, invoking a since of community pride. We are anticipating the addition of a July 3rd drone show will be
well-received!
Attachment Standard Agreement for Professional Services
GLDC Initials: ______________ Customer Initials: ______________ Page 1 of 8
Starlight Aerial Productions Service Agreement
This Small Unmanned Aerial System Service Agreement (“sUAS Agreement”) is entered into this 8th day of February, 2024 (the “Effective Date”), by and between Great Lakes Drone Company, LLC (“GLDC”), of 134 N Church St Coloma Michigan 49038 (“Provider”), and City of Eden Prairie located at 8080 Mitchell Road, Eden Prairie, MN
55344 (“Customer”) (collectively referred to as the “Parties”).
WHEREAS GLDC provides autonomous drone light show services (“Show Services”) using unmanned aerial vehicles (“UAVs”), also known as ‘drones’.
WHEREAS GLDC will provide Show Services to Customer under the terms set forth in
this Agreement. WHEREAS GLDC provides Show Shows and operates under FAA Part 107 Regulations, waivers and permissions issued by the FAA, and Transport Canada CAS as required.
WHEREAS GLDC is insured for liability and property damage coverage for its Show Services. WHEREAS Customer wishes to hire GLDC to provide Show Services as provided herein.
THEREFORE, in consideration of the mutual agreements hereinafter contained, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending legally to be bound hereby, agree as follows:
1. Drone Light Show Services: GLDC will perform the following Show Services
for Customer at and of their property (the “Property”) located near Eden Prairie, MN. a. Within FAA & CAS Regulatory Compliance & Reporting.
b. Providing 100 fully functioning autonomous drones with lights in sync
with a musical soundtrack – Stock July 4th Show. c. Show Services will include: Minimum 100 drone light show, stock design. Performed on July 3rd, 2024. d. Customer to provide sound system for show.
e. If the Property is not located in Class G Airspace, any additional
permissions and authorization for flight from third parties including the FAA/CAS at an additional charge as agreed to by the parties. Any required approvals, waivers or airspace authorization from the FAA/CAS will be required to have a lead time of at least ninety (90) days to obtain
such approvals. Customer will be required to provide all necessary
GLDC Initials: ______________ Customer Initials: ______________ Page 2 of 8
information within a reasonable time so that GLDC can submit the necessary waiver and airspace authorization requests with at least ninety
(90) day lead time.
Additional Services – if any [describe]: Approval to be applied in May 2024 2. Customer Property Requirements: Customer is required to provide the following:
a. An area on the Property that provides a minimum 200’x 200’ area clear of obstructions for launch and recovery for 100 drone light show. Customer will need to provide a minimum area as follows: as determined by operational plan. Customer will also provide security as required per
operational plan to be sent separately upon site planning process.
b. Any and all necessary information as requested by GLDC in order for GLDC to obtain any additional permissions and authorizations as required from the FAA or third parties in the time period requested by GLDC.
3. Service Fee: Customer will pay GLDC a non-refundable Show Services Fee,
which includes travel time, show set-up, pre-show test operations, operating the UAVs for the Show, and post-production activities (if any) in the amount of Ten Thousand Dollars ($10,000.00) The Service Fee is due on the date set forth below.
4. sUAS Service Dates: Customer understands that there are variables, some outside
GLDC’s control, which affect GLDC’s ability to fly on the given date and time at any given flight location for the Show Services. These variables include, but are not limited to:
a. Granted permission of waivers and airspace authorizations from the
FAA/CAS as required to be in compliance with all FAA/CAS regulations, conditions and limitation. b. Weather conditions or Acts of God that are not conducive for GLDC to provide safe flight operations. Weather minimums required to provide safe
flight operations to perform Show Services include:
i. Maximum wind speeds of 25 mph with gusts. ii. No Major Precipitation with 3 mile visibility minimum. iii. A ceiling of at least 1,200 feet. iv. No greater than 15mph wind gust threshold, minimum 16 GPS lock
c. In the event that weather conditions are unsatisfactory for safe flight
operations, GLDC agrees to the weather cancellation policy as agreed to by the parties (See Addendum A). d. Subject to these variables, the Parties will in good faith work together to
meet the following timelines:
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i. Preflight flight-testing operations to be performed prior to arrival of Show Services are provided.
ii. Show Services will be performed July 3rd , 2024 at Dusk/Dark (Time
Zone: CST) or time to be determined by Customer. e. Customer will provide right-of-entry on the Property to GLDC, its agents, representatives, employees and subcontractors, necessary to perform any preflight operations and Show Services.
5. Payment Terms: Customer will pay as follows: a. Hold Deposit Applied of $2,500.00 b. Remaining balance of $7,500.00 due by March 1st, 2024.
6. Technical Issues Clause. As with any complex technical project, many variables can be at play. GLDC takes every precaution to avoid such an incident with several backup systems in place to maintain performance standards. In an event of catastrophic technical failure, in which show is unable to perform due to GLDC
equipment failure, all fees, minus customization fee and travel expenses will be
refunded. 7. Refunds. If GLDC is unable to provide Show Services due to the inability to have on staff a certified remote pilot and/or the agreed upon UAVs to perform the Show
Services, Customer shall be entitled to a refund of full amount. In case of weather
cancellation, see weather refund policy on Appendix A. 8. Insurance: GLDC represents that it has obtained the required remote pilot certification and UAV registration of all its drones and maintains general liability
insurance for bodily injury and property damage with an aggregate limit of One
Million Dollars ($1,000,000.00) per occurrence. GLDC will provide Customer with certificates of insurance upon Customer’s request. Customer agrees to hold GLDC harmless from any loss, damage, injury or liability arising directly from negligent acts by GLDC, its employees, agents, and/or representatives that are
within the limits and coverage of said insurance and paid from the policy. If higher
amounts are required, customer will be responsible for additional costs associated with higher limits. 9. Copyrights. Customer acknowledges and agrees that GLDC is the owner of any
and all Copyrighted Works, whether registered or unregistered, are defined to
include any and all photographs and video taken by GLDC as part of the Show Services or defined deliverables, whether raw, edited, unedited, reproduced, copied, modified or sampled by GLDC, as well as any and all data in whatever form, obtained as part of the Show Services or defined deliverables including data that is
input, output, copied, manipulated, incorporated, edited, reproduced or analyzed into
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or by any third party software. No copyright license is provided to Customer, absent a separate agreement.
10. Intellectual Property. GLDC owns any and all right, title and interest in and to, without exception and broadly defined, Copyright Protected Works including, without limitation, all rights under copyright law in the United States and worldwide and all right to exploit the Copyright Protected Works before, after or
during the term of this Agreement. Works is defined to include all images, videos,
graphics, data, and data output, digital or otherwise, including, without limitation, maps, photographs, and videos created and/or generated by GLDC through, or related to, the use of Unmanned Aerial Systems as part of the Show Services and/or deliverables, if any. GLDC does release customer for videography and
photography for self-promotion and end-client post event use.
11. sUAS Service Warranty/Limitations: GLDC will perform the Show Services with that level of care and skill ordinarily exercised by other UAS professionals practicing in the same discipline(s), contemporaneously under the same
circumstances and in the same locality as Customer’s project. GLDC represents
and warrants that all content created for or used to create the Copyright Protected Works, including but not limited to text, source code, images, photographs, videos, or designs, will not violate the rights of third parties, including without limitation intellectual property rights and rights of publicity or privacy. No other warranties,
express or implied, or fitness for a particular purpose are made with respect to this
Agreement or the Show Services, deliverables or licenses, if any, and provided hereunder. 12. Integration and Modifications. GLDC hereby incorporates Addendum A into
this Agreement. This Agreement constitutes the entire agreement between the
parties. The parties further acknowledge that this Agreement supersedes any and all other proposals, agreements, and/or communications, oral or written between the Parties. No modifications of the Terms and/or Proposal are valid, unless the same is made in a written document executed by both parties.
13. Governing Law, Venue & Personal Jurisdiction. GLDC and Customer consent to the jurisdiction of the State and/or Federal Courts located in Berrien County, Michigan for the resolution of any and all disputes between the parties arising out of this Agreement and agree that venue will be proper and convenient in Berrien
County, Michigan and that neither party shall challenge venue in Berrien County,
Michigan. The validity and construction of the Agreement, and the rights and duties of the parties thereunder, will be governed in accordance with the laws of the State of Michigan.
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14. Survival. In the event that any of the provisions of the Proposal, including the Terms, is found to be illegal, invalid or unenforceable, the remaining provisions
shall remain in full force and effect.
15. Confidentiality. In connection with this Agreement, each Party acknowledges that it shall have access to Confidential Information (defined herein) of the other Party. The receiving Party shall only use Confidential Information in furtherance
of its performance under this Agreement. The receiving Party shall retain all
Confidential Information in strictest confidence and shall neither use it nor disclose it to anyone without the express written consent of disclosing Party except where required to disclose such Confidential Information pursuant to an order or request of a governmental agency or court of competent jurisdiction,
provided that receiving Party has given disclosing Party reasonable notice of the
pendency of such order or request and the opportunity to contest it. Receiving Party shall not release any information relating to this Agreement or its subject matter for publication, advertising or any other purpose without the prior written consent of disclosing Party. The Parties acknowledge that disclosure of any
Confidential Information by the receiving Party may give rise to irreparable injury
to the disclosing Party or the owner of such information and, as a matter of law, such injury is inadequately compensable in damages. Accordingly, the disclosing Party or such other party may seek injunctive relief without bond against the breach or threatened breach of confidentiality, in addition to any other legal and
equitable remedies which may be available.
16. Indemnification. a. By Provider. Provider shall defend at its expense, indemnify, and hold harmless, Customer, and its parents, subsidiaries, affiliated entities, and each of their
respective officers, directors, executives, employees, agents, insurers, managers,
partners, principals, licensees, and representatives, from and against all claims, including, fines, penalties, interest, damages, expenses, awards, costs, demands, liability, attorney’s fees, court costs, costs of appeal, and expert witness fees that result from or in any way related to: (i) Provider’s breach of this Agreement or willful
misconduct; (ii) death or injury arising out of Provider’s negligent acts or omissions;
(iii) damage to tangible personal property arising out of Provider’s negligent acts or omissions; (iv) alleged infringement of patent, copyright, trademark, trade secret or other intellectual property rights; (v) any claim by any individual retained by Provider related to allegations concerning unpaid wages or any other amounts or benefits owed
to or on behalf of any said individual; or (vi) the failure of Provider to comply with
the laws, rules, regulations, ordinances, statutes, codes and orders of any governmental or quasi-governmental or regulatory or administrative authority.(vii) except in which Customer, and its parents, subsidiaries, affiliated entities, and each of their respective officers, directors, executives, employees, agents, insurers, managers,
partners, principals, licensees, and representatives, fail to enforce, secure and comply
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with required safety perimeters for show production provided in special event operations manual.
b. By Customer. Customer shall defend at its expense, indemnify, and hold harmless, Provider, and its parents, subsidiaries, affiliated entities, and each of their respective officers, directors, executives, employees, agents, insurers, managers, partners, principals, licensees, and representatives, from and against all claims, including ,
fines, penalties, interest, damages, expenses, awards, costs, demands, liability,
attorney’s fees, court costs, costs of appeal, and expert witness fees as a result of: (i) death or injury arising out of Customer negligent acts or omissions; (ii) damage to tangible personal property arising out of Customer’s negligent acts or omissions.
c. Procedure. Each Party’s indemnification obligations under this section are
conditioned upon the indemnified Party: (i) promptly notifying the indemnifying Party of any claim in writing, no later than thirty (30) days after actual knowledge of the claim; and (ii) cooperating with the indemnifying Party in the defense of the claim. The failure to give prompt written notice shall not, however, relieve the
indemnifying Party of its indemnification obligations, except and only to the extent
that the indemnifying Party forfeits rights or defenses by reason of such failure. Such notice by the indemnified Party shall describe the claim in reasonable detail, shall include copies of all material written evidence thereof, and shall indicate the estimated amount, if reasonably practicable, of the loss that has been or may be
sustained by the indemnified party. In the event that a claim is brought, the
indemnifying Party shall have the right and option to control the defense of such claim with counsel of its choice, provided however that the indemnified Party at its own expense may participate and appear on an equal footing with the indemnifying Party in the defense of any such claims. Provider shall not consent to judgment or
concede or settle or compromise any claim without the prior written approval of
Customer or vice versa by Customer to seek Provider approval, which approval shall not be unreasonably withheld. 17. Limitation of Liability.
Except for a Party’s willful misconduct, gross negligence, a Party’s confidentiality
obligations herein, and/or its indemnity obligations set forth herein, to which no limitation of liability or cap on damages shall apply, in no event shall either Party be liable for any indirect, special, incidental, consequential, or punitive damages, even if such Party has been advised of the likelihood of the occurrence of such damages or
such damages are foreseeable.
18. Force Majeure. A Party's performance of its obligations hereunder shall be excused for any delay or failure resulting directly or indirectly from acts or conditions that are beyond the reasonable control of such Party, including any foreign or
domestic embargo, product detention, seizure, act of God, fire, flood, storm,
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explosion, riot, strike, insurrection, continuance of war, or the passage or enactment of any law or ordinance, regulation, ruling or order (each a “Force Majeure Event”).
Subject to the provisions herein, a Party’s performance of its obligations affected by
Force Majeure Events will be suspended for the duration of such Force Majeure Event. If any Force Majeure Event prevents a Party’s performance for a period of thirty (30) days or more, either Party may terminate this Agreement without any further liability, except for any outstanding payments for obligations fulfilled by Party
that are outstanding prior to the date of termination.
Effective This 8th day of February, 2024.
GREAT LAKES DRONE CUSTOMER: COMPANY, LLC:
By: Matthew Quinn By: Its: Managing Member Its:
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Addendum A: Show Services Refund due to Weather Cancellation Terms
Incorporation by Reference: These Reschedule Terms is an Addendum to the sUAS Light
Show Service Agreement (“Agreement”). In the event that GLDC and Customer cancelled the original Show Services date due to inclement weather that did not meet the weather minimum requirements as defined in the Agreement, the parties have agreed to the following refund policy:
- the Parties will in good faith work together to meet the following timelines: i. Customer agrees that a weather cancellation allots them three options that must be decided within 48 hours of the cancellation.
ii. Option 1: A reschedule the following night at cost for additional
travel and payroll. Provider will provide an estimate based on location and date provided of costs. iii. Option 2: A 20% refund of services fee after expenses are calculated. Provider will provide a list of expenses incurred.
iv. Option 3: Customer may reschedule the performance on another
date at the cost of travel, payroll and any expenses required for production. Customer must provide a reschedule date within 60 days of cancelled performance or forfeit the ability to reschedule or to any refund. Provider will provide an estimate based on location and
date provided of costs. All the items in this Addendum shall apply and be incorporated into the original Agreement:
GREAT LAKES DRONE CUSTOMER: COMPANY, LLC:
By: Matthew Quinn By: Its: Managing Member Its:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Amy Markle, Director, Parks and Recreation
ITEM DESCRIPTION:
4th of July Fireworks Contract with
RES Pyro
ITEM NO.:
VIII.N.
Requested Action Move to: Authorize entering into an Agreement with RES Pyro for the July 4th Fireworks
display in the amount of $25,000. Synopsis
The City of Eden Prairie has provided a high-quality 4th of July Hometown Celebration for the
past 30 + years. RES Pyro has been a part of that celebration for 16 years. The Parks and Recreation Department would like to contract with RES Specialty Pyrotechnics again in 2024, for a fee of $25,000, for its traditional 20–22-minute show. A rain date of July 5th has been established, and if that date has inclement weather, August 3rd is reserved. Background In January of 2024, Parks and Recreation staff asked for proposals for 2024 and 2025 from two fireworks companies: RES Pyro and J&M Displays. After reviewing the proposals closely, staff is recommending RES Pyro. RES Pyro has always provided an outstanding firework display in
Eden Prairie. They have also worked well with Parks and Recreation and the Fire Department staff. Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July
to view and enjoy the spectacular fireworks display shot off over the lake. An impressive
fireworks display adds tremendous value to the event, invoking a since of community pride. We are anticipating the addition of a July 3rd drone show will be well-received, sensory friendly, and compliment the traditional fireworks display!
Attachment
Standard Agreement for Professional Services
Standard Agreement for Professional Services
July 4th Fireworks
This Agreement (“Agreement”) is made on the twelfth day of March 2024, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and RES Pyro a Minnesota pyrotechnics company (hereinafter "Consultant")
whose business address is 21595 286th Street, Belle Plaine, MN 56011.
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 Providing Fireworks and Pyrotechnic Operations for the 4th of July Celebration at
Round Lake Park 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 (Fireworks Proposal) in connection with the Work. The terms of this Agreement
shall take precedence over any provisions of the Consultants proposal and/or general
conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City
reserves the right to reject any general conditions in such proposal.
2. Term. The term of this Agreement shall be from March 12, 2024 through July 4, 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 $25,000 for the 4th of July 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, 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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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 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
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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 has designated Cory Stinar to serve on
the Project. They 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 designated staff from the Project without the approval of the
City. Day-of pyrotechnic staff will be listed in the permit and insurance documents, along
with Operator Licenses as attachments.
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. Audit Disclosure and Data Practices. Any reports, information, data, etc. 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. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are
subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. 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. 9. 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. 10. 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
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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.
11. 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. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily 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
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cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work
performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability
Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
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o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to
enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then 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. 13. 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.
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14. 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.
15. 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. 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. 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.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
Pyrotechnics for 4th Fireworks Page 8 of 8
20. 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. 21. Entire Agreement. 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.
22. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME By: _________________________________________
Its:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Amy Markle, Parks and Recreation Director
ITEM DESCRIPTION:
Environment and Natural Resources Trust Fund Grant RFP – RTA Maintenance Trail Stabilization Project
ITEM NO.:
VIII.O.
Requested Action Move to: Adopt the resolution authorizing staff to submit a grant request to obtain funding
from the Minnesota Environmental and natural Resources Trust Fund (ENRTF) for grant funding for the 2025 RTA Maintenance Trail Stabilization project. Synopsis
ENRTF is seeking proposals for projects of all sizes that aim to protect, conserve, preserve, and enhance Minnesota’s air, water, land, fish, wildlife, and other natural resources. The Legislative Citizen Commission on Minnesota Resources LCCMR reviews submitted applications and makes funding recommendation to the ENRTF. Approximately $90 million in funding will be available through this RFP. Recommended projects must be approved by the 2025 Legislature
through an appropriation bill, signed into law by the governor, and have a work plan approved by the LCCMR before funds can be spent. Payments made through this grant are made by reimbursement for expenses incurred. There is no minimum or maximum request amount. To apply for the grant a council resolution authorizing submission of the grant application is required. Staff will complete the application and oversee construction if the award is successful.
Funding from the grant would cover up to $500,000.00. No grant awards may be used for ongoing expenses, such as operating and maintaining facilities. Background
To protect our natural resource and promote safety for park visitors Eden Prairie Parks staff has identified the need to correct erosion concerns within in RTA Conservation Area. Significant erosion has become hazardous in areas along the maintenance trail (Old Farm Road) that connects the upper and lower parking lots. The erosion is also negatively impacting critical habitat and remnant prairie plant communities adjacent to the trail section.
The criteria considered in evaluating grant applications includes data acquisition to understand quantifiable benefits achieved, application of best methods to protect or restore land, water, & habitat, efforts to protect, conserve, & sustain water resources, etc. Financially the criteria also include leveraging non-ENRTF funds and in-kind contributions, sustainability, including
ongoing operating funds and inclusion of environmental improvements. If awarded, these funds will be used to construct a 700’ long big block retaining wall averaging 8’ in height to shore up the adjacent hillside. This project will also include restoration and enhancement of plant communities impacted by erosion and retaining wall installation. Attachment: Resolution
CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024 - _______
RESOLUTION AUTHORIZING SUBMISSION TO LCCMR GRANT PROGRAM FOR RICHARD T.
ANDERSON CONSERVATION AREA MAINTENANCE TRAIL STABILIZATION
WHEREAS, The City of Eden Prairie seeks $500,000.00 to implement the Richard T. Anderson
Conservation Area Maintenance Trail Stabilization project.
NOW, THEREFORE, BE IT RESOLVED, That the City of Eden Prairie supports the above referenced
project and authorizes the submittal of a proposal for funding of this project on behalf of the City of Eden Prairie
to the Legislative-Citizen Commission on Minnesota Resources (LCCMR) in response to the 2025 Environmental
and Natural Resources Trust Fund (ENRTF) Request for Proposal; and
BE IT FURTHER RESOLVED, That, if funding is awarded, the City of Eden Prairie agrees to accept
the award and may enter into an agreement with the state of Minnesota for the above referenced project. The City
of Eden Prairie will comply with all applicable laws, environmental requirements, and regulations and any
additional conditions stated in the grant agreement and the approved LCCMR work plan; and
BE IT FURTHER RESOLVED, That the City of Eden Prairie understands that grants from the ENRTF
are generally paid out on a reimbursement basis. The City of Eden Prairie has the financial capability to pay for
project expenses prior to seeking reimbursement; and
BE IT FURTHER RESOLVED, That the City of Eden Prairie certifies none of the current principals of
the City of Eden Prairie have been convicted of a felony financial crime in the last ten years. For this purpose, a
principal is defined as a public official, a board member, or staff that would have the authority to access or
determine the use of ENRTF funds, if awarded; and
BE IT FURTHER RESOLVED, That the Park and Recreation Director is hereby authorized to execute
such agreements and work plans as necessary and Jason Goblirsch & Karli Wittner are authorized to implement
the project on behalf of the City of Eden Prairie.
INCLUDE IF REQUESTING FUNDS FOR CAPITAL CONSTRUCTION:
BE IT FURTHER RESOLVED, That the City of Eden Prairie has the financial capability to meet the
match requirements and ensure adequate construction, operation, and maintenance of the project once completed;
and
ADOPTED by the Eden Prairie City Council on this 12th day of March, 2024.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Scott Gerber, Fire Chief
ITEM DESCRIPTION:
Agreement for implementation of First Due Software Suite
ITEM NO.:
VIII.P.
Requested Action Move to: Approve the agreement for implementation of First Due Software Suite for a first-year cost of $54,480 and annual cost of $36,174. Synopsis The Fire Department would like to implement the First Due software suite, which is a single software platform for functionality and mobility for Fire users. Fire will consolidate several software platforms including records, investigations, NFIRS reporting, inspections, pre-plans,
mobile responder, training, scheduling, and asset tracking to First Due, which is a cost reduction of over $11,000.00 annually and allows single sign-on for all Fire users to these applications. Background The Fire department uses multiple software applications for day-to-day operations. These include
Tyler’s New World modules for Fire Records and Investigations (2010) and Inspections Mobile (2021), Aladtec (2012) for scheduling, Vector Solutions (2010) for training, and an internally developed solution for vehicle checklists. Tyler has announced that Fire Records will not be converted to their enterprise platform. Inspections Mobile was implemented in 2021, however a 2-way interface to Fire Records has not been completed to date. Additionally, Tyler experienced a
serious security outage with Inspections Mobile in late 2023 when the application was unavailable for over 2 weeks with little communication from the vendor. The Fire department broadened search scope to include all software solutions currently used. Several companies, including Emergency Networking were evaluated, during the process. The
evaluations looked at overall cost, existing vendor integrations, functionality, and support including updates and upgrades. Based on these, the Fire Department recommends moving to implement First Due software application suite, which provides comprehensive functionality, a user friendly GUI and will come in at a lower cost than current maintenance for various applications.
Cost estimates for this project include: - First Due Software Subscription (Annual): $33,150.00 - First Due Implementation Services (one-time): $4,500.00 - Tyler CAD Interface (one-time): $16,880
- Tyler CAD Interface (annual): $3,024) Attachments
• First Due agreement including quote
• Tyler CAD Interface quote
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 12th day of March, 2024 (the “Effective Date”), between the City of Eden Prairie, Minnesota (hereinafter "City" or “Customer”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Locality Media, Inc., a Delaware corporation, dba First Due (hereinafter "Vendor" or “Locality Media”) whose business address is107 7th St,
Garden City, NY, 11530.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose of
this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Fire Department operations and records management software, hereinafter referred to as the "Work". The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached 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. Term of Contract. This Contract will be effective for an initial term of 12 months (the "Initial Term") commencing on the Effective Date. After the Initial Term, this Contract will automatically renew for successive terms of 12 months each (a "Renewal Term"), subject to the right of either party to cancel renewal at any time upon at least 60 days' written notice.
Locality Media reserves the right to increase Customer’s renewal Service fees by no more than 5% per annum, applied to the Service fees set forth in the previous term. Either party also may terminate this Contract immediately upon written notice if the other party: (i) becomes insolvent; (ii) becomes the subject of a petition in bankruptcy which is not withdrawn or dismissed within 60 days thereafter; (iii) makes an assignment for the benefit of creditors; or
(iv) materially breaches its obligations under this Contract and fails to cure such breach within 30 days after the non-breaching party provides written notice thereof. 3. Compensation for Services. The Customer agrees to pay the fees set forth in Exhibit A for use of those Service features described in Exhibit A (as available as of the Effective Date).
Locality Media may charge separately for services offered from time to time that are not included in the scope of Exhibit A (such as new Service features, systems integration services and applications of the Service for new purposes), subject to the Customer’s written acceptance of the terms of use and fees associated with such services. The Customer shall be responsible for the payment of all taxes associated with provision and use of the Service (other than taxes
on Locality Media’s income). The Customer represents it has not received and agrees that it shall not collect any fee, payment, or remuneration of any kind from any Data provider, other
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municipal agency or other third party in connection with the Customer's purchase or use of the Service under this Contract.
4. Method of Payment. Vendor shall prepare and submit to City invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City.
5. Staffing. The Vendor has designated _________________________to perform the Work.
They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all hired and non-owed vehicles.) d. Professional Liability. Vendor shall maintain a professional liability insurance policy in the amount of $2,000,000, which policy must be maintained for a minimum of two (2) years following expiration or termination of this Agreement.
8. Indemnification. a. Locality Media will indemnify, defend and hold harmless the Customer from and against any and all damages, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from any third-party claim, suit, action, investigation or proceeding (each, an "Action") brought
against the Customer based on Locality Media’s breach of this Contract or on the infringement by Locality Media of any third-party issued patent, copyright or registered trademark, except to the extent such Action is based on Data furnished from the Customer, the Customer’s breach of any third party agreement, or any combination or integration of the Service with any Customer- or third-party property, method or
system. b. The Customer will indemnify, defend and hold Locality Media harmless from and against any and all Losses arising from or relating to: (i) any breach by the Customer
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of Section 34; or (ii) any Action by a Customer User or third party arising from or relating to the use of the Service or Data accessed through the Service, except to the
extent such Losses are subject to Section 8a above or result from the gross negligence
or willful misconduct of Locality Media. c. Such indemnification under Sections 8a and 8b will be provided only on the conditions that: (a) the indemnifying party is given written notice reasonably promptly after the indemnified party receives notice of such Action; (b) the indemnifying party has sole
control of the defense and all related settlement negotiations, provided any settlement
that would impose any monetary or injunctive obligation upon the indemnified party shall be subject to such party’s prior written approval; and (c) the indemnified party provides assistance, information and authority as reasonably required by the indemnifying party.
d. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 8A, AND
EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THIS CONTRACT OR THE SERVICES OR DATA, EVEN IF THE CUSTOMER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 8A, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY DAMAGES IN CONNECTION WITH THIS
CONTRACT IN EXCESS OF THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY THE CUSTOMER TO LOCALITY MEDIA WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, OR (B) $50,000.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty
are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity.
a. LOCALITY MEDIA REPRESENTS AND WARRANTS THAT IT SHALL USE
COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICE
WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS SUBMITTED BY THE CUSTOMER. OTHER THAN THE FOREGOING, THE SERVICE, INCLUDING ALL DATA, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT
LIMITING THE FOREGOING, LOCALITY MEDIA MAKES NO WARRANTY
THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR DOES LOCALITY MEDIA WARRANT
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THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR
CUSTOMER USERS. Locality Media will provide the service on a 24X7X365 basis
with an uptime guarantee of 99.5% availability excluding scheduled maintenance. Locality Media will respond to Customer and provide Initial Responses, Temporary Resolutions and Final Resolutions in accordance with the time requirements set forth in the table below.
Severity Level: Vendor’s Initial Response will be provided within:
Vendor’s Temporary Resolution will be provided within:
Vendor’s Final Resolution will be provided within:
1: Mission Critical –
Software is down
/undiagnosed but feared critical; situation may require a restore and
Software use is
suspended until a diagnosis is given
60 minutes from
receipt of initial
notice from the Customer, or discovery, of the error
24 hours from
receipt of initial
notice from the Customer, or discovery, of the error
2 days from
receipt of initial
notice from the Customer, or error discovery
2: Critical Issue – Software is not
down, but operations
are negatively impacted
60 minutes from receipt of initial
notice from the
Customer, or discovery, of the error
24 hours from receipt of initial
notice from the
Customer, or discovery, of the error
2 days from receipt of initial
notice from the
Customer, or error discovery
3: Non-Critical Issue
– resolution period to
be mutually agreed upon
4 hours from
receipt of initial
notice from the Customer, or discovery, of the error
3 days from
receipt of initial
notice from the Customer, or discovery, of the error
15 days from
receipt of initial
notice from the Customer, or error discovery
b. EXCEPT AS SET FORTH ABOVE IN SECTION 12, LOCALITY MEDIA
MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUBJECT MATTER HEREOF. LOCALITY MEDIA SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION THE SERVICE.
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c. The Customer represents and warrants that the Customer is authorized and has all rights necessary to enter into this Contract, to provide the Data furnished by the
Customer to Locality Media, and to use the Service and Data, and Customer will only
use the Service and Data, as permitted under this Contract and in accordance with the laws, regulations, and any third-party agreements applicable to the Customer and Customer Users. Without limiting the generality of the foregoing, Customer shall not cause or permit any Data to be uploaded to the Service or used in connection with the
Service in any manner that would violate any third-party intellectual property rights
or license between Customer and any third party. Customer agrees not to use or permit the use of the Service and Data in connection with any public or private enterprise other than operation and performance of the Customer's functions and services. In addition, the Customer and the Customer Users shall not copy, distribute,
license, reproduce, publish, modify, or otherwise use any Personally Identifiable
Information (PII) contained within the Data accessed through the Service for any purpose other than to lawfully carry out the services and duties of the Customer. The Customer shall remain responsible for the performance, acts and omissions of each Customer User as if such activities had been performed by the Customer.
10. Termination. This Contract may be terminated by either party by sixty (60) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
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GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. Locality Media may assign this Contract or any rights or obligations hereunder to any Locality Media affiliate or in connection with the merger or acquisition of Locality Media or the sale of all or substantially all of its assets related to this
Contract, without such consent. This Contract shall be binding upon and inure to the benefit
of the parties, their respective successors and permitted assigns. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to
be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the
services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract
shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
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22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination
clause and stating that all qualified applicants will receive consideration for employment.
The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities
Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified
mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business
day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's
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prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). All government data, as defined
in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored,
used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data
Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
30. Locality Media maintains a website through which Customer members may access Locality
Media's First Due Size-Up™ Community Connect™, Mobile Responder™ and/or other software-as-a-service platforms and solutions identified in Exhibit A (collectively, the "Service") in connection with the performance of their Customer duties. Locality Media agrees to grant the Customer access to the Service pursuant to the terms and conditions set forth below and in Exhibit A, and the Customer agrees to use the Service only in strict
conformity with and subject to such terms and conditions. 31. Locality Media may provide the Customer with one or more user ID’s, initial passwords, digital certificates and/or other devices (collectively, "Credentials") and/or application programming interfaces ("APIs") to access the Service. The Customer shall access the
Service only by using such Credentials and APIs. The Customer authorizes Locality Media to act on any instructions Locality Media receives from users of the Service who present valid Credentials and such individuals shall be deemed authorized to act on behalf of the Customer, including, without limitation, to change such Credentials. It is the Customer’s sole responsibility to keep all Credentials and other means of access within the Customer’s direct
or indirect possession or control both confidential and secure from unauthorized use. The Customer understands the utility of the First Due Size Up Service depends on the availability of data and information relating to Locations and structures in the Customer's jurisdiction, including but not limited to building system and structural information, building inspection codes and incident report data (collectively, "Location Data"). Locality Media also may
process and furnish through the Service, in addition to Location Data, other data regarding residents and roadways within the Customer's jurisdiction ("Community Data"). Location Data and Community Data are referred to collectively herein as "Data". Locality Media may acquire Data from third party public and/or private sources in Locality Media's discretion. In addition, the Customer will upload to the Service or otherwise provide to Locality Media in
such form and using such methods as Locality Media reasonably may require from time to time, any and all Data from the Customer's records and systems which the parties mutually designate for inclusion in the Service database. The Customer agrees not to filter or alter such records except to conform such Data to the formats reasonably required by Locality Media. Subject to any third-party license restrictions identified expressly in writing by the
Customer, the Customer grants to Locality Media a perpetual, non-exclusive, worldwide, royalty-free right and license to process, use and disclose the Data furnished to Locality Media by the Customer in connection with the development, operation, and performance of
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Locality Media's business, including but not limited to the Service. Customer shall own all Customer data and upon termination or written request, Locality Media shall provide
Customer data to Customer.
32. As between the parties, the Customer and its employees, contractors, members, users, agents, and representatives (collectively, "Customer Users") are solely responsible for determining whether and how to use Data accessed through the Service. The Customer acknowledges that
Locality Media, through the Service, provides an interface for viewing Data compiled from
the Customer and other sources over which Locality Media has no control and for which Locality Media assumes no responsibility. Locality Media makes no representations or warranties regarding any Location or structure (including but not limited to a Location's safety, construction, occupancy, materials, hazards, water supply, contents, location,
surrounding structures, exposures, size, layout, compliance, condition or history), residents,
roadways, or any actual or expected outcome from use of the Data, nor does Locality Media make any representation or warranty regarding the accuracy or reliability of the Data received by Locality Media. Locality Media provides administrative and information technology services only and does not advise, recommend, or render an opinion with respect to any information communicated through the Service and shall not be responsible for the
Customer's or any third party's use of any information obtained through the Service. 33. The Customer shall obtain and maintain, at its own expense, computers, operating systems, Internet browsers, tablets, phones, telecommunications equipment, third-party application services and other equipment and software ("Equipment") required for the Customer to
access and use the Service (the Service being accessible to users through standard Internet browsers subject to third party network availability and signal strength). Locality Media shall not be responsible for any problem, error or malfunction relating to the Service resulting from Customer error, data entry errors or malfeasance by the Customer or any third party, or the performance or failure of Equipment or any telecommunications service, cellular or Wi-
Fi network, Internet connection, Internet service provider, or any other third-party communications provider, or any other failure or problem not attributable to Locality Media ("Technical Problems"). 34. Locality Media owns and shall retain all right, title, and interest in and to the Service, all
components thereof, including without limitation all related applications, APIs, user interface designs, software and source code (which shall further include without limitation any and all source code furnished by Locality Media to the Customer in connection with the delivery or performance of any services hereunder) and any and all future enhancements or modifications thereto howsoever made and all intellectual property rights therein but not
Data furnished by the Customer. Except as expressly provided in this Contract or as otherwise authorized in advance in writing by Locality Media, the Customer and Customer Users shall not copy, distribute, license, reproduce, decompile, disassemble, reverse engineer, publish, modify, or create derivative works from, the Service; provided, however, that nothing herein shall restrict the Customer’s use of the Data that the Customer has
provided.
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35. "Confidential Information" means any and all information disclosed by either party to the other which is marked "confidential" or "proprietary," including oral information that is
designated confidential at the time of disclosure, or government data classified as private,
confidential, or nonpublic under the Data Practices Act. Without limiting the foregoing, all information relating to the Service and associated software and the terms of this Contract shall be deemed Locality Media's Confidential Information. Notwithstanding the foregoing, "Confidential Information" does not include any information that the receiving party can
demonstrate (i) was known to it prior to its disclosure hereunder; (ii) is or becomes publicly
known through no wrongful act of the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure without restriction; (iv) is independently developed by the receiving party, without the use of any Confidential Information of the other party; (v) has been approved for release by the disclosing party's
prior written authorization; or (vi) is required to be disclosed by court order or
applicable law, including but not limited to the Data Practices Act, provided that the party required to disclose the information provides prompt advance notice thereof to the other party (except to the extent such notice is prohibited by law). 36. Subject to the requirements of Section 28.b regarding compliance with the Data Practices
Act, each party hereby agrees that it shall not use any Confidential Information belonging to the other party other than as expressly permitted under the terms of this Contract or as expressly authorized in writing by the other party. Each party shall use the same degree of care to protect the other party's Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances with less than reasonable
care. Neither party shall disclose the other party's Confidential Information to any person or entity other than its employees, agents or consultants who need access thereto in order to effect the intent of this Contract. Locality Media shall further advise its employees, agents, and consultants who may access Customer’s Confidential Information of the confidentiality provisions of this Contract, instruct such persons to abide by such confidentiality provisions,
and enter into written confidentiality agreements consistent with Sections 35-37 or otherwise ensure that such persons are bound under substantially similar confidentiality restrictions. 37. Each party acknowledges and agrees that it has been advised that the use or disclosure of the other's Confidential Information inconsistent with this Contract may cause special, unique,
unusual, extraordinary, and irreparable harm to the other party, the extent of which may be difficult to ascertain. Accordingly, each party agrees that, in addition to any other remedies to which the nonbreaching party may be legally entitled, the nonbreaching party shall have the right to seek to obtain immediate injunctive relief, without the necessity of posting a bond, in the event of a breach of Section 9 or 10 by the other party, any of its employees,
agents or consultants. [Signature page follows]
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Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________City Manager
VENDOR
By: ________________________________
Its: _______________________________
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Mar 01 2024 08:47 PST
CEO
Standard Purchasing Contract 2017 06 01 Page 12 of 18
Exhibit A - Quote
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258
Website: https://www.firstdue.com/
Prepared By: Justin Kelly
Valid Until: March 31, 2024
Quote Number: 1545132000238009206
BILL TO:
Patrick Maynard
Eden Prairie Fire Department
14800 Scenic Heights Rd
Eden Prairie, MN 55344
Account:Eden Prairie Fire Department
Subscription Start:March 12, 2024
Initial Term:12 months
Annual Subscription:$33,150.00
Product Details Total
Occupancy Management & Pre-Incident Planning
Manage Occupancies, Pre-Incident Mapping, ArcGIS Maps, Fire Systems, Hazardous
Material, and Contacts.
Responder
Web Responder dashboard and Responder iOS/Android App with notifications, statusing
and routing.
Inspections
Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections,
Inspections Scheduler, and Integrated Pre-Incident Planning.
Investigations
Organize, analyze, and document investigations, keeping case information secure and
separated from, but integrated with other modules.
Incident Reporting – NFIRS
NFIRS Incident Documentation, State and Federal Compliance with automated
submission.
Personnel Management
Store, Manage and Access Employee Records including demographic data, certifications
and employment information.
Training Records
Assign Training, Record Completions, View Training Logs, and Manage Certifications.
Events & Activities
Create Events, View Global Activity Log, and Access Global Calendar.
Assets & Inventory
Assets, vehicles, equipment and inventory management, assets and equipment checks,
and work order management.
Community Connect
Online portal for residents and businesses to input critical occupant and property data
that can be made available to Emergency Response Agencies during an incident.
Brycer Integration
Integration with Brycer
First Arriving Integration
First Arriving Integration
Scheduling Integration w/ Third Party (Aladtec)
Scheduling Integration with Aladtec
Training Integration w/ Third Party (Target Solutions)
Training Integration with Target Solutions
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CAD Integration
Automated importing of CAD calls via XML, Database Connector or API.
Premium Online Training Package
8 Hours Online Training with certified First Due Instructor
Implementation and Configuration Services
Services related to configuring and customizing the First Due Platform as described in the
Statement of Work.
One-Time Fees Subtotal $ 4,500.00
Subscription Fees Subtotal $ 33,150.00
Grand Total $ 37,650.00
Statement of Work
Please see attached Statement of Work detailing the Implementation, Training, Data Migration,
Integrations, Customer Success Manager, Customer Support, and Assumptions for this Exhibit A – Quote.
Terms and Conditions
The above-listed Grand Total will be invoiced on or around the Subscription Start date. For subsequent
annual periods, the Service fees are due and payable annually in advance.
Payment Terms: Net 30 days
For electronic ACH payment: JPMorgan Chase Bank | ABA Routing: 021000021 | Account #: 803527972
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Statement of Work
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258
Website: https://www.firstdue.com/
For Quote Number: 1545132000238009206
Statement of Work | Eden Prairie Fire Department
1. Introduction
1.1 Purpose
The purpose of this Statement of Work (SoW) document is to clearly define the Implementation,
Training, Data Migration, Integrations, Customer Success Manager, Customer Support, and
Assumptions for Eden Prairie Fire Department (“Customer”) from Locality Media, Inc. dba First Due
(“First Due”) for the purchased product(s) set forth in Exhibit A – Quote (“Purchased Products”)
attached to the Contract.
1.2 Scope:
This SOW includes the configuration, optimization, and deployment of the Purchased Products with
the goal of meeting the organizational needs of the Customer.
2. Implementation
2.1 Overview
First Due utilizes a combination waterfall and iterative approach to implementation. This includes
Discovery, Configuration, Optimization, Data Migration, Training, and Go-Live.
2.2 Implementation Resources
x Implementation Manager:Project lead and go-to person, acting as the primary liaison between
the Customer and the First Due project team. The Implementation Manager will develop and
execute the project plan, manage communication, and ensure adherence to predefined
timelines and quality standards. This individual is also responsible for helping to configure the core
system and some of the more straightforward modules.
x Implementation Product Specialist(s):While the Implementation Manager will lead the overall
project, Product Specialists will be brought in to help configure and optimize specialty modules
such as Fire Prevention, ePCR, Assets & Inventory, Training, Scheduling, and Reporting. They are
product experts in First Due and are versed in industry best practices for their specific product
specialties. Depending on the modules purchased and complexity, your project may be
assigned 1-3 Product Specialists.
x Technical Implementation Specialist:Responsible for managing data migration from your current
vendor to First Due and the integration between First Due and CAD. The Technical
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Implementation Specialist team comes from a diverse background, ranging from database
management to public safety software integration.
x Customer Success Manager: As the point person after project completion, the Customer Success
Manager (CSM) will be part of the implementation as an advocate and to ensure a seamless
transition to support post go-live. During the Implementation they will regularly check-in to ensure
progress is being made and help with the addition of new modules or scope from a commercial
perspective. Post go-live, they will provide regular check-ins to ensure the Customer is adopting
the Purchased Products and deriving value from them.
x Training Manager: Responsible for developing and executing the training plan, with the goal of
effective adoption of the Purchased Products by Customer. The Training Manager will be
involved throughout the project to ensure they have the Customer specific knowledge to design
the most effective training plan possible.
2.3 Implementation Phases
2.3.1 Discovery & Planning: Once the Project has been assigned, Customer will receive a set of
tailored discovery questionnaires. Once filled out, the Implementation Manager will schedule a
Project Kick-Off. During this meeting the Customer will receive access to the First Due platform,
meet the project team and receive an initial product tour. The Implementation Manager will
also provide an overview of the project plan, decide the meeting cadence, and formalize the
next steps. CAD Integration and Data Migration planning meetings are also held during this
phase, if required. These meetings will be led by the Technical Implementation Specialist.
x Key Meeting(s): Project Kick-Off, CAD Kick-Off, Data Migration Planning
x Milestone(s): Project Kick-Off, System Access
x Customer Task(s): Fill Discovery Questionnaires
x Deliverable(s): Welcome email, Initial Account Set-Up, System Logins Provided
2.3.2 Configuration: After planning is complete, the Implementation Manager will begin scheduling
the Configuration sessions. Before each configuration session there will be some light prep work
for the Customer to complete. Generally, there will generally be one (1) configuration session
per module, but in cases where there is more complexity, there may be multiple. These sessions
will be either be run by the Implementation Manager or the Implementation Product Specialist,
depending on the module.
x Key Meeting(s): Module Configuration Sessions (1-2 per module)
x Milestone(s): N/A
x Customer Task(s): Configuration Prep Work (per module)
x Deliverable(s): Initial Module Configuration
x Scope: All Purchase Products
2.3.3 Optimization: After the configuration is complete, the Customer will be provided with test work
(module User Acceptance Testing (UAT)) to complete. Following the completion of the UAT
work, Optimization Sessions will be held to review Customer feedback, correct any issues, and
finalize the configuration of the module. There will generally be one (1) Optimization session per
module, but in cases where there is more complexity, there may be multiple. Once a module is
configured and optimized, the Customer will be provided a module sign-off document to
review and sign. Note Configuration and Optimization sessions may run interchangeably to
ensure the project stays on-track.
x Key Meeting(s): Module Optimization Sessions (1-2 per module)
x Milestone(s): Module Acceptance and Sign-Off (1 per module)
x Customer Task(s): Optimization Prep Work (UAT per module) x Deliverable(s): Module Optimization resulting in Customer Acceptance
x Scope: All Purchase Products
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2.3.4 Data Migration: Data Migration will occur through-out the project and can be summarized in
three steps: (1) initial data migration at the beginning of the project required for configuration,
(2) import of historical records, usually occurring throughout the project, and (3) final data
migration immediately before go-live. First Due’s Data Migration team will review your legacy
data environment and provide guidance on the best path to extract, map, and import the
data into First Due.
x Key Meeting(s): Data Migration Planning
x Milestone(s): Data Migration Sign-Off
x Customer Task(s): Extract or provide access to legacy data based on guidance from
First Due Data Migration team, Data Mapping Assistance, review and approve data
load.
x Deliverable(s): Data Migration Plan, Data Mapping Assistance, Data Import
2.3.5 Training: As the project is in the final stages, the Training Manager will work with the Customer
to arrange a training plan that will result in the successful adoption of the Purchased Products.
Note that while Webinar Administrator training will occur during configuration and optimization
sessions, the Training Manager will arrange formal Webinar and/or Onsite Train-the-Trainer
and/or End User Training Session(s). Additive to the provided training, Customer will also have
access to live weekly training academy sessions as well as on demand online training videos
and training guides via the First Due Knowledgebase.
x Key Meeting(s): Training Planning, Training Sessions
x Milestone(s): Training Completed
x Customer Task(s): Coordinate staff to be trained
x Deliverable(s): Training Plan and Training Session(s)
2.3.6 Go-Live: Once all modules have been signed off and training has been arranged or
completed, First Due will work with the Customer to kick-off the Go-live process. This includes:
(1) Final System Acceptance, (2) Go-live planning meeting, (3) Final Data Migration, (4) Go-
live, and (5) Post go-live implementation support.
x Key Meeting(s): Go-live planning, Post Go-live Check-Ins
x Milestone(s): System Acceptance, Go-live
x Customer Task(s): Final Testing
x Deliverable(s): Post Go-live Implementation Support (2-4 weeks)
2.3.7 Transition to Customer Success: Following the completion of the post go-live support period
and assuming all critical implementation tasks are complete, Customer will be transitioned to
their Customer Success Manager (CSM) and to the First Due Support team.
x Key Meeting(s): Customer Success Transition Meeting
x Milestone(s): Transition to Customer Success and Support
x Customer Task(s): N/A
x Deliverable(s): N/A
3. Training
Training is an integral part of any successful implementation. First Due is focused on providing your
agency adequate training to ensure effective user adoption of the platform. As part of this
Statement of Work, the Customer shall receive:
x Formal training as outlined in Exhibit A - Quote
x Administrator Training as part of the Configuration / Optimization
x Access to live First Due Academy Webinars
x Access to online recorded training videos and guides via an interactive knowledgebase
Any additional scope or detail related to Training will be listed below.
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4. Data Migration
First Due understands the importance of data migration to our customers and has extensive
experience working to migrate historical records into the platform. First Due will use best efforts to
migrate applicable data from Customer’s existing systems utilizing data migration best practices. This
includes:
x Data Migration Planning Session
x Assistance/Guidance in extracting data from existing system/s
x Mapping extracted data to First Due import workbooks
x Importing of Data into First Due
The Data Migration scope of this Statement of Work will be to import legacy data from Customer
existing systems in order for the Purchased Products to be operational. This includes operational data
and historic records. Note that there are times when certain data is not seen as valuable to migrate
to First Due. First Due and Customer will agree during the planning phase on what data needs to be
migrated and priorities around data migration.
5. Integrations
As part of this Statement of Work, First Due will Implement all integrations and relevant scope outlined
in Exhibit A – Quote. Integrations will be implemented during the configuration and optimization
phases outlined above. In most cases, these integrations will be aligned with the module they are
related. The only exception to this is the CAD Integration which, if part of scope, will have its own
dedicated session at the beginning of an implementation. Customer or complex integrations may
follow this same exception and have their own sessions to implement.
First Due will support these integrations post go-live. Note First Due is not responsible for outages,
issues, and failures of 3rd Party Vendors. First Due will, however, always endeavor to work with
Customer to resolve issues, regardless of responsibility.
Any additional scope or detail related to Integrations will be listed below.
6. Customer Success Manager
First Due understands the value of ongoing Customer Success activities post go-live. As part of this
Statement of Work, Customer will receive a Customer Success Manager who will be the point person
for Customer post go-live. Customer will receive regular check-ins to ensure the adoption of the
Purchased Products. As part of the regular check-ins, the Customer Success Manager can help
Customer with any major enhancements or issues, new feature updates, interest in other modules
and additional training needs.
7. Customer Support
A customer’s success is important to First Due and we understand having a reliable, knowledgeable
Customer Support (or Support) team there to help is vital. Customer Support provides a central point
of contact to ensure that all customer support requests are responded to and resolved. Below is a
summary of the support components.
7.1 Contacting Customer Support
Customer Support is a service provided to our customers when they have questions, requests, or
issues with the Services. When Customer submits a support request, a Support Ticket (or Ticket) is
created within First Due’s Support CRM and a unique ID (or ticket number) is assigned to track and
document Customer’s support request.
We offer a variety of channels to communicate with our Support team:
x Online: https://support.firstduesizeup.com/portal/en/kb/first-due-community-connect-
support
x Email: support@firstdue.com
x Phone: (516) 874-5818
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7.2 Self-Service Resources
First Due strives to provide useful, empowering self-service resources that are available 24/7 on our
online Support Center. Our Knowledgebase contains step-by-step/how-to articles, FAQs, videos, best
practices, etc.
7.3 Hours of Operation
Customer Support hours of operation (Business Hours) are:
x Monday to Friday, 9:00am – 6:00pm ET**
x ** 24x7 Support available for Sev 1 (Down/Urgent) issues.
8. Assumptions
8.1 Customer Participation
Every successful implementation requires adequate participation from the Customer. Although First
Due is ultimately responsible for deliverables in the SoW, Customer agrees to attend the necessary
calls and complete required preparatory work in order to help drive the project forward. At a
minimum, Customer resources will be required for one (1) hour per week for meetings, and half an
hour to one (0.5-1) hour of prep work per week by one or multiple individuals. Customer understands
the importance of ensuring the correct Customer resources are available when required.
8.2 Statement of Work Expiration
Excluding significant delays caused by the First Due team, this Statement of Work will expire within
twelve (12) months of the Subscription Start Date as detailed in Exhibit A – Quote. In situations where
the project is delayed for no fault of either party, First Due agrees to extend the term, only if there is
an agreed plan to complete the project within the extension period. Note the term expiration does
not apply to section 6 & 7 above and will not impact First Due’s ability to support the Customer post
go-live.
8.3 Best Practice and Standard Workflow
First Due intends to meet the organizational needs of the Customer and their respective software
requirements by configuring the Purchased Products to closely align with existing workflows. Although
First Due is incredibly flexible, there may be times when First Due recommends using standard
functionality or best practice to ensure a timely implementation, and simplification of current
process. These workflows may differ from Customer existing workflows. Customer understands the
importance of collaboration to achieve the ultimate goal of successfully adopting the Purchased
Products and is aware there may be changes to existing workflow to accomplish this.
8.4 Go-live Requirements & Gaps
Over the course of the Implementation, both parties may uncover functionality gaps in the
Purchased Products. Some of these gaps may have a material impact on the ability to implement or
adopt the product. Gaps of this nature, deemed Go-Live Requirements, will be prioritized to ensure a
timely go-live and project completion. However, in the case that certain features are not complete
before go-live, they will be added to module and system signoffs as exceptions and will be
completed within an agreed upon timeframe.
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2024-446936-L0V7Q1 CONFIDENTIAL Page 1
INVESTMENT SUMMARY
Tyler Software $ 14,400
Services $ 2,480
Third-Party Products $ 0
Estimated Travel $ 0
Total One-Time Cost $ 16,880
Annual Recurring Fees/SaaS $ 0
Tyler Software Maintenance $ 3,024
2024-446936-L0V7Q1 CONFIDENTIAL Page 2
Quoted By:Amy Shultz
Quote Expiration:7/8/24
Quote Name:
CAD Calls for Service Export for
First Due
Sales Quotation For:
City of Eden Prairie Police Department
8080 Mitchell Rd
Eden Prairie MN 55344-2203
Phone: +1 (952) 949-6200
Tyler Software
Description License Discount License Total
Year One
Maintenance
Enterprise Public Safety
Computer Aided Dispatch
CAD CFS (xml) Export Interface $ 14,400 $ 0 $ 14,400 $ 3,024
Total $ 14,400 $ 0 $ 14,400 $ 3,024
TOTAL $ 14,400 $ 14,400 $ 3,024
Services
Description Quantity Unit Price Discount Total Maintenance
Enterprise Public Safety
CAD Export Interface Installation Fee 1 $ 2,480 $ 0 $ 2,480 $ 0
TOTAL $ 2,480 $ 0
2024-446936-L0V7Q1 CONFIDENTIAL Page 3
Summary One Time Fees Recurring Fees
Total Tyler Software $ 14,400 $ 3,024
Total Annual $ 0 $ 0
Total Tyler Services $ 2,480 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 16,880 $ 3,024
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:Date:
Print Name:P.O.#:
The Software, Maintenance, Services and Third-Party Products, as applicable, that are itemized above, are hereby added to your existing agreement with
Tyler. Fees for Software, if applicable, will be invoiced to you in full upon receipt of your signed quote. Unless otherwise stated in the Assumptions,
associated maintenance and support fees shall be invoiced on a prorated basis through the end of your current term, and thereafter in a lump sum amount
together with your then-current maintenance and support fees for previously licensed software. Fees for Services, Third-Party Products and/or travel, as
applicable, will be invoiced as rendered or delivered. The terms and conditions of your agreement will otherwise control.
Assumptions
2024-446936-L0V7Q1 CONFIDENTIAL Page 4
Tyler’s Enterprise Public Safety product requires Microsoft Windows Server 2016/2019/2022 and SQL Server 2014 SP2/2016 SP2/2019, including
required User or Device Client Access Licenses (CALs) for applicable Microsoft products. If on-premises, servers must meet minimum hardware
requirements provided by Tyler. Personal Computers must meet the minimum hardware requirements and Microsoft Windows 8.1 64-bit, Windows
10 64-bit and Windows 11 are the supported operating systems. The supported Microsoft operating system and SQL versions are specific to Tyler's
release versions.
Enterprise Public Safety product requires Microsoft Excel or Windows Search 4.0 for document searching functionality; Microsoft Word is required on
the application server for report formatting.
Tyler recommends a 100 Mbps/1 Gbps Ethernet network for the local area network. Wide area network requirements vary based on system
configuration. Client is responsible to maintain business class high-speed internet and provide enough bandwidth and throughput to support existing
internet traffic and additional traffic generated by the Tyler deployment. Tyler will provide further consultation for this environment.
Does not include servers, workstations, or any required third-party hardware or software unless specified in this Investment Summary. Client is
responsible for any third-party support. Licensed Software, and third-party software embedded therein, if any, will be delivered in a machine-readable
form to Client via an agreed upon network connection. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when
imposed.
Tyler's GIS implementation services are to assist the Client in preparing the required GIS data for use with the Licensed Enterprise Public Safety
Software. Depending upon the Licensed Software the Client at a minimum will be required to provide an accurate street centerline layer and the
appropriate polygon layers needed for Unit Recommendations and Run Cards in an industry standard Esri file format (Personal Geodatabase, File
Geodatabase, Shape Files). Client is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary,
Tyler will assist Client in creating the necessary polygon layers. Tyler is not responsible for the accuracy of, or any ongoing maintenance of the GIS data
used within the Licensed Enterprise Public Safety Software. Client is responsible for maintaining GIS data using Esri ArcGIS Desktop/Pro software,
pushing source GIS data updates to the Tyler software, any ongoing annual maintenance on third-party products and is advised to contact the third-
party vendor to ensure understanding of and compliance with all maintenance requirements. All maintenance, training and ongoing support of this
product will be contracted with and conducted by Esri. Maintenance for Esri's ArcGIS suite of products that are used for maintaining Client's GIS data
will be contracted by Client separately with Esri.
When State/NCIC is included, Client is responsible for obtaining the necessary State approval and any non-Tyler hardware and software. Includes state
specific standard forms developed by Tyler. Additional forms can be provided for an additional fee.
The amount of converted data entering the new system can drastically impact storage utilization. Additional drive space may be required on the
production and test SQL and file storage servers to accommodate the converted data based on the quantity of source data. During the conversion
process, additional drive space on the production and test SQL servers will also be required temporarily. Does not apply to Data Archive.
Travel expenses will be billed as incurred according to Tyler's standard business travel policy.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Fiber build-out to Staring Lake building
ITEM NO.:
VIII.Q.
Requested Action
Move to: Approve contract with Arvig Enterprises for construction to build out the fiber optic network to Staring Lake Building for a total cost of $23,247.31. Synopsis
The Staring Lake building currently is on a DSL connection to the city network. This project will allow build-out of fiber connection enabling faster network connection and ability to provide wireless access to staff and guests.
Background Information
The Staring Lake Building is currently setup with a DSL connection to access city network. We can leverage agreement with Hennepin County to build out fiber connection to the Staring Lake Building from county fiber along Pioneer Trail. This will allow for a higher speed connection to
city network, provide real-time view of security cameras with data storage on city network
(instead of local storage), and stable connections for key card readers and other networking equipment. We will also have ability to provide Wifi access required for Facilities monitoring, staff and guests. We received quotes from Casterjon ($27,600) and Arvig for this project. We have good
experience working with both vendors. Based on quotes, the IT division recommends moving forward with Arvig for this implementation. The IT CIP budget for fiber will be used for this project.
Cost breakdown:
Arvig cost of construction (including engineering, permits and splicing): $23,247.31 Attachments Arvig quote
Castrejon quote Arvig contract
OSP ESTIMATE
Name Date 2/5/2024
Address W.O. #
City State MN ZIP Engineer PJL
Phone
Qty TOTAL
1 $18,324.24
1 $0.00
1 $1,386.00
1 $0.00
1 $3,537.07
$23,247.31
$3,487.10
Name:
Date:
NOTES:
Winter Rate Adder (Nov. 15th thru April 15th)
Customer Sign Off
TOTAL
Materials
Engineering/Staking
Permits
OSP Construction Labor
Equipment/Electronics
EDPR Starry Lake Park
Description
Exhibit A
QUOTE
DATE: 8/17/2023
CASTREJON INC
9201 Isanti street NE
email: timh@castrejoninc.com
Est Quantity Unit Price TOTAL
1 27,600.00$ 27,600.00$
SUBTOTAL 27,600.00$
SHIPPING AND HANDLING -$
TOTAL 27,600.00$
2-24" X 36" X 36" HANDHOLES, APPROXIMATELY 1320' OF BORED 1.25" DUCT, 1
LOCATE WIRE, 2 SPLICE CASE, 1550' OF 12 STRAND FIBER, I -12 PORT FIBER PANEL, FIBER OPTIC SPLICING, TESTING AND DOCUMENTATION
PROJECT LOCATION
Tim Hickey
SERVICE PROVIDER
CITY OF EDEN PRAIRIE
JAMES GOLDENSTEIN
STARING LAKE PARKBlaine, Minnesota 55449
DESCRIPTION OF SERVICE
CASTREJON WILL PROVIDE LABOR & MATERIALS TO INSTALL TO CONNECT THE STARING LAKE PARK BUILDING TO THE HENNEPIN CO HANDHOLE ON THE CORNER
OF PIONEER TRAIL & STARING LAKE PKWY AS FOLLOWS
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 1st day of March 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and AEI Construction Inc. dba: Arvig Construction, a Minnesota contractor (hereinafter "Vendor") whose business address is 150 2nd Street SW, Perham, MN 56573.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms, or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Starry Lake Park Lateral hereinafter referred to as the "Work". The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached 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. Term of Contract. All Work under this Contract shall be provided, performed, and/or completed by Arvig Construction and/or Arvig’s choice in a subcontractor. 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $23,247.31] OR [an hourly sum of $ NA, with total payments not to exceed NA as full and complete payment
for the goods, labor, materials, and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Arvig Construction or its subcontractor to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. The vendor may not remove or
replace the designated staff without the approval of the City.
[STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
7. Insurance.
Standard Purchasing Contract 2017 06 01 Page 2 of 5
a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both
personal injury and property damage. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of
Vendor’s services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this
Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City.
13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City.
Standard Purchasing Contract 2017 06 01 Page 3 of 5
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
Standard Purchasing Contract 2017 06 01 Page 4 of 5
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept
confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
Standard Purchasing Contract 2017 06 01 Page 5 of 5
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the
functions of the City during performance of this Contract is subject to the requirements of
the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not
affect, in any respect, the validity of this Contract. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________
Mayor ___________________________________ City Manager
VENDOR
By: ________________________________ Its: Construction Manager - Arvig
Requested Action Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04.
Synopsis The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits
to the extent of the coverage purchased. Staff recommends that the City choose not to waive.
Attachment Waiver Form
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 12, 2024
DEPARTMENT/DIVISION: Human Resources Alecia Rose, Administrative
Services/HR Director
ITEM DESCRIPTION: Direct Staff to not Waive the Monetary Limits on Tort Liability Established by Minnesota Statute
466.04
ITEM NO.:
VIII.R.
X
March 12, 2024
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Jeremy Barnhart
ITEM DESCRIPTION:
Eden Prairie Ridge (9740 Eden Prairie Rd)
ITEM NO.:
IX.A.
Requested Action
Move to:
• Close the Public Hearing
• Approve the 1st Reading of the Ordinance for a Zoning District Change from Rural to R1-
9.5 on 1.7 acres
• Adopt a Resolution for a Preliminary Plat to divide one (1) lot into two (2) lots and one (1) outlot on 1.7 acres
• Adopt a Resolution for the Findings of Fact in Support of Park Dedication Fees
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis
The applicant is requesting approval to plat 9740 Eden Prairie Rd into two (2) single-family lots and one (1) outlot. The plat will be named Eden Prairie Ridge. The lots will be sold for single family home construction. The parcel is located on the west side of the Eden Prairie Road, between two segments of Prospect Rd. in the southwest quadrant of the city. The property is
currently vacant. The property is bordered by
single-family development to the south and east. To the north and west is single family residence on a large lot. With a gross density of approximately 1.1 units per acre, the
project is consistent with the Low-Density
Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. The outlot is preserved to preserve options for future road connections to serve
the development of the parcel to the north and
west. Preliminary Plat The proposed preliminary plat includes two (2) single-family lots, all with frontage along Eden
Prairie Road. The lots range in size from 28,625 square feet to 36,306 square feet, exceeding the
requirements of the R1-9.5 zoning district. All the proposed lots exceed the standards for lot width and depth in the R1-9.5 zoning district. The lots are larger than the R1-9.5 standard due to the depth of the lots and to preserve the vegetation and large hill on the west side of the parcel.
Outlot A, which runs along the north of the project will be deeded to the City. This outlot is for
future road connection.
Rezoning The rezoning from Rural to R1-9.5 is consistent with the Comprehensive Plan, and with the
developed properties to the south. Planning Commission Review and Recommendation During the Planning Commission public hearing, the neighbor to the north spoke in opposition to
development. He shared his concerns about the long term impacts the proposal has to the future
marketability of property. The Planning Commission discussed the outlot and future potential for a road connection. The provision of the outlot preserves options for this future road. The Planning Commission voted 6-
0 to recommend approval of the project at the February 12, 2024 meeting.
Attachments 1. Ordinance for Zoning District Change 2. Resolution for Preliminary Plat
3. Resolution for the Findings of Fact in Support of Park Dedication Fees
4. Planning Commission Staff Report 5. Unapproved Planning Commission Minutes
EDEN PRAIRIE RIDGE
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _-2024
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District as described in Exhibit A.
Section 3. The proposal is hereby adopted and the land shall be and hereby is
removed from the Rural Zoning District and shall be included hereafter in the R1-9.5 Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of ________, 2024, entered into between The Pemtom Land Company, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 12th day of March, 2024, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of
________, 2024.
ATTEST:
_____________________________ _____________________________
David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2024.
EXHIBIT A
Legal Description Prior to Final Plat
The land referred to in the Commitment is Torrens Property (Certificate No. 1361095) situated in the County of Hennepin, State of Minnesota and is described as follows:
Par 1: That part of the South 225 feet of the Southeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22, lying Westerly of Tract B, Registered Land Survey No. 465, Hennepin County, Minnesota. Par 2: The South 225 feet of the East 350 feet of the Southwest Quarter of the Northeast Quarter,
Section 29, Township 116, Range 22, Hennepin County, Minnesota.
Land to be rezoned from Rural to R1-9.5
Legal Description After Final Plat Lots 1 and 2, Block 1, Eden Prairie Ridge, Hennepin County, MN Outlot A, Eden Prairie Ridge, Hennepin County, MN
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE RIDGE FOR THE PEMTOM LAND COMPANY
BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the parcel legally described in Exhibit A attached, named Eden
Prairie Ridge for Pemtom Land Company (Dan Blake) dated January 5, 2024, and consisting of
1.7 acres into two lots and one outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 12th day of March, 2024. _____________________________
Ronald A. Case, Mayor ATTEST:
__________________________ David Teigland, City Clerk
EXHIBIT A
Legal Description
The land referred to in the Commitment is Torrens Property (Certificate No. 1361095) situated in the County of Hennepin, State of Minnesota and is described as follows: Par 1: That part of the South 225 feet of the Southeast Quarter of the Northeast Quarter of
Section 29, Township 116, Range 22, lying Westerly of Tract B, Registered Land Survey No.
465, Hennepin County, Minnesota. Par 2: The South 225 feet of the East 350 feet of the Southwest Quarter of the Northeast Quarter, Section 29, Township 116, Range 22, Hennepin County, Minnesota.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____ A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR EDEN PRAIRIE RIDGE WHEREAS, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being subdivided to dedicate to the public for public use as parks, playgrounds, or public open space a reasonable portion of the land up to 10% thereof; and,
WHEREAS, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in accordance with the schedule to be set by resolution of the Council;
WHEREAS, the Eden Prairie Ridge project includes subdivision of property pursuant to City Code Chapter 12 into 2 single-family lots and 1 outlot (the “Project”); WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given the nature of the use on the property;
WHEREAS, the City’s current fee ordinance sets the cash park fee at $6,500 per single family unit residential unit, which amount was calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c);
WHEREAS, the City Council held a public hearing at its March 12, 2024 meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following findings are hereby adopted in support of
the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval for the Eden Prairie Ridge project:
1. The Project includes the construction of 2 single-family homes. Development and occupancy of the units is expected to have an impact on the City’s parks and trail system.
2. The Project is connected to a public trail along Eden Prairie Road and to parks and open spaces, increasing the likelihood that residents of the Project will use the City’s trails, parks, and open spaces.
3. The City has sidewalks and trails throughout the neighborhood. The City improves and maintains the pedestrian and bicycle facilities for all residents to enjoy.
4. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including residents of the Project.
5. The need for parkland created by the Project is roughly proportional to the cash park fee amount required by the City’s fee ordinance. The cash park fees will be used for future
anticipated park acquisition and improvement projects in the City, pedestrian and bicycle facility improvements, and other projects to improve City park and recreational facilities that are likely to be used by residents of the Project.
6. The cash park fee will be due at the time of building permit, at the rate established at that time by the City Council.
ADOPTED by the City Council of the City of Eden Prairie this 12th day of March, 2024.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
STAFF REPORT
TO: Planning Commission FROM: Jeremy Barnhart, AICP, City Planner
DATE: February 12, 2024 SUBJECT: Subdivision of 9740 Eden Prairie Road (2023-13) LOCATION: 9740 Eden Prairie Road
REQUEST: • Zoning District Change from Rural to R1-9.5 on 1.76 acres
• Preliminary Plat to create 2 lots and one outlot on 1.76 acres 120 DAY REVIEW PERIOD DEADLINE:
May 8, 2024 BACKGROUND The applicant is requesting to subdivide the existing parcel into two lots for sale. The applicant does not represent any builders. An outlot is also proposed to partially provide future access to the property to the north. When the property to the north develops, the remainder of the necessary area for a road connection will be required of that property owner. The City has in the past encouraged
the applicant to coordinate development with the property to the north. At this time that property owner has no current plans to subdivide. The property is currently zoned Rural, and a zoning district change to an R1 zoning district is necessary to facilitate development of the parcel.
COMPREHENSIVE PLAN and ZONING The property is guided low density residential (0.1-5 units per acre) in Aspire 2040. The zoning district change to R1-9.5 and development of the property for single family detached housing is consistent with this guidance.
Staff Report – 9740 Eden Prairie Road
February 12, 2024 Page 2
2
Existing Land Use Proposed Land Use
PRELIMINARY PLAT The property slopes down from the SW corner of the site, toward the NE. Houses will likely be located closer to Eden Prairie Road to avoid the steep slopes and existing vegetation in that area. Both lots meet or exceed the minimum dimensional standards of the R1-9.5 zoning district:
R1-9.5 Min Lot 1* Lot 2
Area (Sq ft) 9,500 28,625 36,306
Width 70 90.36 84.31
Depth 100 339.56 339.56
*Lot 1 is considered a corner lot, because of the possible future road in Outlot A. Therefore, the minimum lot width for lot 1 is 90 feet.
Staff Report – 9740 Eden Prairie Road
February 12, 2024 Page 3
3
TREE REPLACEMENT
The plans reflect that upon house construction, 3-4 significant trees will likely be removed. City Code allows up to 10% of substantial trees to be removed on residential lots over a 5 year period. No heritage trees are being removed. No replacement trees are required. No additional landscaping or screening is proposed or recommended.
STREETS AND TRAFFIC Access to the lots will be via individual driveways directly onto Eden Prairie Road, consistent with development on the west side of Eden Prairie Road south of the project area. Outlot A is provided for a potential future road, to serve the lot to the north. Providing this outlot allows a future road to intersect with Prospect road on the east side of Eden Prairie Road. DRAINAGE The developer does not propose grading to prepare the house sites. However, the grading plan does show anticipated grades, and includes a drainage swale along the north side of the existing tree line on lot 2. The development of lot 2 will require an easement for the drainage swale which will be
collected at the time of building permit to accommodate site design of that lot. UTILITIES Water and sanitary sewer are shown, connecting to the existing mains in Eden Prairie Road.
Language will be added to the development agreement to coordinate the construction of these
connections, to reduce disruption to Eden Prairie Road. NEIGHBORHOOD MEETING AND RESIDENT COMMENTS Because of the zoning district change, a development information sign was posted on site, with a
link to the City’s website for further information. Additionally, the developer sent out information
on the project to area property owners. To date, staff has received questions about the connection of Prospect Road from the west to Eden Prairie Road. This project will not connect these roads, and there are no plans for that connection in the future.
STAFF RECOMMENDATION
Staff recommends approval of the following:
• Zoning District Change from Rural to R1-9.5 on 1.76 acres
• Preliminary Plat to create 2 lots and 1 outlot on 1.76 acres
This is based on plans dated January 5, 2024 and staff report dated February 12, 2024 and the following conditions: 1. Prior to release of the Final Plat, the applicant shall:
Staff Report – 9740 Eden Prairie Road
February 12, 2024 Page 4
4
A. Sign special assessment agreement for City trunk sewer and water assessment fees.
B. Obtain and provide documentation of Watershed District approval.
C. Developer must tender a warranty deed for proposed Outlot A for review and written approval by the Director of Public Works. After approval by the City, Developer must file the warranty deed with the Hennepin County Recorder or Registrar of Titles’ Office as appropriate immediately after the recording of the final
plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns.
D. Prior to the issuance of the first building permit for the Property, Developer must
submit to the City Engineer proof that the warranty deed has been recorded in the Hennepin County Registrar of Titles' Office. E. The City, at its discretion, may require Developer to provide, at Developer’s cost, an
owner’s policy of title insurance in a policy amount determined by the City insuring
marketable title in the name of the City after the dedication or conveyance.
2. Prior to building permit issuance for the property, the applicant shall:
A. Pay the appropriate cash park fees. B. Provide Drainage and Utility Easements on Lot 2 C. Submit detailed stormwater runoff, utility, street, and erosion control plans for review and approval by the City Engineer. D. Obtain ROW permit for utility connection . Submit a bond, letter of credit, or
cash deposit (“security”) that guarantees completion of all public utility improvements equivalent to 125% of the cost of the improvements.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 12, 2024 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, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Acting Chair Kirk called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members Pieper, Farr, and Weber were absent.
III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Taylor to approve the agenda. MOTION
CARRIED 6-0.
[Sivilay arrived 7:01 p.m.]
IV. MINUTES
MOTION: Taylor moved, seconded by Mette to approve the minutes of December 11,
2023. MOTION CARRIED 6-0.
V. PUBLIC HEARINGS
A. 9740 EDEN PRAIRIE ROAD Request for
• Zoning Amendment on 1.77 acres
• Preliminary Plat on 1.77 acres
PLANNING COMMISSION MINUTES February 12, 2024
Page 2
Dan Blake, 16831 Cedar Crest Drive, owner and operator of Dunlap Company,
displayed a PowerPoint and detailed the application. He displayed a list of past
Eden Prairie developments and gave the general location of the property. The application proposed to rezone approximately 1.77 acres from Rural to R1-9.5 and a Preliminary Plat to subdivide the property into two R1-9.5-compliant lots (0.7 and 0.8 acres) and one Outlot A for the provision of a future roadway which
would be deeded to the City. Blake displayed an aerial view of the site and
explained there were many meetings with the adjacent acres and City staff to find a use for the property, and it was originally determined that combining this property with another parcel would be the best solution. However, that had not gone through, and the result would be two lots for two single-family homes 90-
foot lots and with a road to connect through in the future.
Blake displayed a drawing of the site showing the existing Klein and Robins houses. This was once a gravel parking lot, so the land was mostly gravel and graded flat, with the exception of a hill to the south. There were no heritage trees
on site, and the trees on the hill would not be altered. The drawing showed the
proximity of the two nearest houses to the site. Sewer and water would have to be installed, which Blake proposed would be taken up with the building of any new houses on these sites. There would also be no grading project with this application. There was no onsite water treatment and he realized he had to work
with the Watershed District. There was a provision for a future road extension to
Prospect Road. He agreed to abide by the terms and conditions of the staff report. Mette asked if the houses could be closer to the street. Blake stated the Zoning Code would set them closer, but he would prefer them back farther. Mette noted
where the drawing showed “Block One” could theoretically be split to turn this
into three lots. Blake replied a three-way division had been considered and discussed with staff, but the hill prevented this. Taylor noted where Lot One was proposed there was a shed in the eastern
extension. Blake stated there was a barn behind (west of) his property, which was
why this property was not able to be combined with his; the present owners wished to stay where they were. Barnhart presented the staff report. There were two actions requested: the
rezoning, and the preliminary plat to subdivide the property. The property would be divided into two lots. The preliminary plat met the density of the Comprehensive Plan. There was some question during the review process about extending Prospect Road from the west, and potentially that road could still be approved with the cul-de-sac. A question came up earlier regarding three lots
instead of two; early drafts showed this possibility, but staff suggested it be removed due to the hill and the grading change, which would have required the land to be scraped flat and rebuilt. Staff recommended approval of the application subject to the terms and conditions of the staff report.
PLANNING COMMISSION MINUTES February 12, 2024
Page 3
Chris Klein, of 9700 Eden Prairie Road (northwest of the proposed development)
stated the previous City engineers expected Prospect Road to connect with this present dead end. While he had empathy for the applicant, this development would place the burden on him to make this connection in the future. He was going to pay for only half of the road with the previous proposal, and now it
would be entirely his cost. This would decrease his property value. His options
were limited being that this was a potential two million dollar cost. He was previously assessed for nine houses, a holding pond, and now feared he would be forced to put a road through his property. The standard was to be no driveways along Eden Prairie Road between Prospect Road and Rodeo Drive. Rodeo Drive
was developed at present, and there were driveways along Eden Prairie Road in
contradiction to this standard, resulting in people getting stuck waiting for traffic to clear, and the homeowners had not wanted this. The cost to him just went up and he did not think it was fair. He realized there could not be three houses on this site with the road, but this development profited Dan Blake at the expense of him.
Liability for the outlot was another consideration, being it was City property,
potentially allowing the public to walk it. He questioned the need for an east-west road at all, considering the burden it could place on him. Klein did not prefer to sell to a developer, but now he feared fewer options for sale and a downgrade to his quality of life.
MOTION: Mette moved, seconded by Grote to close the public hearing. Motion carried 6-0. Kirk asked City staff to respond. Schulte replied this had been a long process of
review, and the City had always encouraged the property owners to package their
properties together (which had not occurred), and there was always a plan to connect Prospect Road to the west. The land grade was challenging; however, staff had considered this. Many alternatives were considered, including running Prospect Road to the north, and it could also be dead-ended with a cul-de-sac.
Klein was correct that the City preferred there were not many driveways on
collector roads. The City wished to accept this plan with the donated Outlot A to carry a roadway. Barnhart agreed infill projects were challenging due to the constraints placed on the property by previous development patterns. This approval did not limit options available. The homeowner to the north did not have
to develop ever, according to his choice. Kirk noted Prospect Road had been a robust discussion item over the years. Mette noted the applicant was between a rock and a hard place without the cooperation of the northern neighbor, and she saw no other solution.
MOTION: Sherwood moved, seconded by Taylor to recommend approval for a Zoning Amendment on 1.77 acres, and Preliminary Plat on 1.77 acres as
PLANNING COMMISSION MINUTES February 12, 2024
Page 4
represented in the February 12, 2024 staff report and based on plans dated January
5, 2024. Motion carried 6-0.
PLANNERS’ REPORT MEMBERS’ REPORTS
Kirk noted the state legislature might consider suspending the need for parking requirements in new developments, a concept he had broached previously. VI. ADJOURNMENT
MOTION: Mette moved, seconded by Taylor to adjourn. Motion carried 6-0. The meeting was adjourned at 7:44 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Julie Klima, Community Development Director; Jeanne Karschnia, Housing Services Coordinator
ITEM DESCRIPTION:
2024 Community Development Block Grant (CDBG) Funding Recommendations
ITEM NO.:
IX.B.
Requested Action
Move to:
• Close the pubic hearing, and
• Adopt Resolution approving the acceptance and distribution of 2024 CDBG funds as recommended by the Eden Prairie Human Services Review Committee.
Synopsis Eden Prairie’s 2024 CDBG allocation has not yet been announced by the U.S. Department of Housing and Urban Development (HUD). In line with recent annual allocation amounts, staff
estimates a 2024 allocation of $280,000, and this figure was used by the Human Services Review Committee to make its funding recommendations for 2024. Once the actual allocation amount is received, if there is a decrease in the estimated allocation amount and the public service cap is reached, any amount over the 15% will be deducted equally from all public service activities. After this
adjustment has been made, if there is an increase or decrease in the estimated allocation amount for the 2024 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program allocation will be increased or decreased accordingly. Federal regulations stipulate that Public Service funding may not exceed 15 percent of the City’s total allocation, plus 15 percent of the prior year
program income received. An additional $55,000 in prior year Program Income will be used for
2024 activities which will bring the total funding amount to $335,000 which includes the maximum public service funding amount of $55,000. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity. The Human Services Review Committee reviewed the 2024 CDBG proposals and recommends the following
activities be funded.
Public Service Activities Funding
PROP (Housing Support Services) $35,000
PROP (Emergency Vehicle Repair) $8,000
HOME (Household & Outside Maintenance for the Elderly) $12,000
Subtotal $55,000
Housing and Administrative Activities Funding Housing Rehabilitation Deferred Loan Program $122,000
Rehab Grants $ 5,000
Affordable Housing - WHAHLT $81,000 Affordable Housing – First Time Homebuyer $20,000
Fair Housing Initiative $2,000
Program Administration $50,000
Total $335,000
Background Information The discussion of how to distribute the 2024 CDBG funds through the Human Services Review
Committee included a complete review of all “Request for Funding” applications and the overall
distribution of funds in 2023. The Committee’s goals were to support the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Attachments
• 2024 Action Plan - Draft
• 2024 CDBG Summary of Proposals
• 2024 Resolution
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Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community
in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban
Development (HUD). The City remains a part of the Hennepin County Consortium for purposes of the
Five Year Consolidated Plan and HOME funding.
The city held its public hearing on March 12, 2024, to determine how to allocate an estimated $280,000
in 2024 CDBG funding. The city’s Human Services Review Committee (HSRC) met on January 11, 2024, to
determine their recommendations that were brought to the council during the public hearing for
approval.
When the city held its public hearing it had not received its 2024 allocation amount from HUD. The
HSRC based their recommendations on an estimated allocation amount of $280,000, with the
stipulation that if there is a decrease in the estimated allocation amount and the public
service cap is reached, any amount over the 15% will be deducted equally from all public service
activities. After this adjustment has been made, if there is an increase or decrease in the estimated
allocation amount for the 2024 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program
allocation will be increased or decreased accordingly.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to another
location. It may also contain any essential items from the housing and homeless needs assessment, the
housing market analysis or the strategic plan.
The City of Eden Prairie will carry out activities that will provide for the preservation of the City's housing
stock, provide affordable housing options, provide essential services to seniors, families and individuals
and support Fair Housing activities.
The city's CDBG allocation will be used for housing rehabilitation, energy improvements, accessibility
improvements and emergency repairs for the purpose of maintaining decent affordable housing. The
city plans to rehab six low-and moderate-income, owner occupied homes and assist two seniors with
emergency grants.
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Excess program income, if available, may be used to provide rehab grants to nonprofits who serve low-
and moderate-income Eden Prairie residents to make needed repairs to their facilities.
The City’s CDBG allocation will be used for affordable housing to help provide decent housing, while
maintaining affordability and sustainability. CDBG program income funds will be used for a first time
home buyer program to assist one low-and moderate-income household purchase their first
home. CDBG entitlement funds will be used by the West Hennepin Affordable Housing Land Trust to
support the acquisition of three single family homes, which will then be sold to low-and moderate-
income homebuyers.
The city supports public service programs that provide assistance to low- and moderate-income seniors,
families and individuals. These funds help provide access to suitable living environments, maintain
affordability, availability and accessibility to housing activities. During 2024, it is anticipated that fifty-
two low-and moderate-income Eden Prairie residents will be assisted through programs offered by
PROP and Senior Community Services.
The City will utilize CDBG funds to support fair housing activities through the Fair Housing
Implementation Council and will continue to further fair housing in three ways: through its Fair Housing
Policy, by providing technical support and advice to potential victims of discrimination, and through its
participation in the regional Fair Housing Implementation Council (FHIC). The Fair Housing Policy calls on
City staff to spread awareness of protected classes and what constitutes a fair housing violation. The
City’s Fair Housing Officer routinely takes calls from potential complainants, making appropriate
referrals either to HUD, to local legal advocacy organizations, or to other City departments to try to
rectify landlord / tenant issues. The FHIC selected through a request for proposals organizations to
provide services that will lessen homeownership disparities between white households and households
of color, enhance access to fair and equal housing for low-income persons, persons of color, and
households with a disabled household member, and assist tenants whose landlords are violating the law
or best practice. Three organizations were awarded a combined $156,875 from the FHIC to address
these goals. City staff also met with the ad hoc Eden Prairie Housing Alliance, a group of residents—
some with housing expertise and some without—banded together to grow community awareness of
housing issues, constraints, and opportunities, including the importance of fair housing.
The city will use excess prior year entitlement funds and/or program income for administration, public
service programs, affordable housing and rehabilitation projects. Any additional program income
received will be used to fund an existing CDBG Program or activity and not just the activity generating
the income.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
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Due to the limited amount of CDBG funds received, the city carefully considers each project to make
sure that it will meet as many housing and community development needs as possible. There is
particular focus on this with the public service agencies, requiring them to report on past performance
and anticipated future performance when applying for funds. The organizations receiving CDBG funding
from the City of Eden Prairie typically meet their expected performance goals. These organizations
continuously experience high demand for their services and give the city insight into community needs.
The city evaluates the organizations receiving CDBG funds through quarterly reports and biennial
monitoring visits. By requiring these organizations to submit quarterly reports, the city is able to closely
monitor them for timeliness and to ensure they are serving the clientele specified in their funding
request. If a grantee is falling behind in their spending or accomplishments, the city works closely
with them to come up with solutions. The city believes communication is an important tool to make
sure the funded programs are successful.
The city maintains spreadsheets that track the past performance of funded organizations and uses these
spreadsheets when determining funding. The city is able to look back several years to see trends and to
determine if a program is serving its purpose.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
The Eden Prairie City Council approved an updated Citizen Participation Plan for the city at its meeting
on March 7, 2023. The Citizen Participation Plan details the efforts to broaden public participation in
the development of the Action Plan. Eden Prairie’s Citizen Participation Plan calls for the Hennepin
County Consortium Action Plan to be available for public comment 30 days prior to a public hearing
before the Hennepin County Board. The Eden Prairie City Council holds their own public hearing before
the Hennepin County comment period and allows the public to comment on Eden Prairie’s proposed
activities. Following the Citizen Participation Plan, notice of the public hearing was published on
February 22, 2024, in the Sun Sailor more than ten working days prior to the council meeting. The City’s
Housing & Community Services (HCS) division responds to questions and inquiries about the plan and
makes recommendations to the City Council based on feedback. The Human Services Review
Committee used the estimated allocation amount of $280,000 along with $55,000 in program income
funds to make the funding recommendations to the city council with the stipulation that if there is a
decrease in the estimated allocation amount and the public service cap is reached, any amount
over the 15% will be deducted equally from all public service activities. After this adjustment has been
made, if there is an increase or decrease in the estimated allocation amount for the 2024 CDBG fiscal
year, the Housing Rehabilitation Deferred Loan Program allocation will be increased or decreased
accordingly. For the 2024 program year, draft copies of the plan were available for review on the city’s
website, at the Eden Prairie Library and at Eden Prairie City Center. Public comments were solicited
from February 23, 2024 until March 24, 2024. The Eden Prairie city council held a public hearing on
March 12, 2024 to approve the city’s 2024 Action plan and adopt the funding resolution. Three
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nonprofits receiving CDBG grants participated in Eden Prairie’s public hearing and made comments
regarding their programs and how they benefit low-and moderate-income Eden Prairie residents. No
residents participated in the public hearing and no comments were received prior to the meeting. After
the city’s public hearing, Hennepin County held a 30 day public comment period for the Consortium’s
2024 Annual Action Plan. A copy of the 2024 Draft Action Plan was available on the Hennepin County
website: www.hennepin.us/housing-plans. Notice of the public comment period and public hearing was
sent to the Hennepin County egov list. The Hennepin County Board of Commissioners held a public
hearing and no comments were received regarding Eden Prairie’s plan. The public hearing was live
streamed on the internet with closed caption, and residents could call in to provide prerecorded or real-
time public comment during the hearing.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
No comments were received by the residents of Eden Prairie. The city does not typically receive public
comments on their action plan. Therefore, throughout the year, the city works hard to engage residents
in the planning process. The city relies heavily on residents as well as public service providers to identify
needs they see in the community.
As part of the city’s updated Comprehensive Plan, Aspire Eden Prairie 2040, the City assembled a
number of focus groups to address housing, specifically to determine how to meet housing needs going
into the future. The information gathered is assisting in planning for future housing needs, including the
development and preservation of affordable housing. The City convened a 12-member resident Housing
Task Force that presented its recommendations to the City Council in 2020. The Task Force’s top
recommendation, to enact an inclusionary housing ordinance, has been completed.
At its goal setting session, the City Council expressed its desire to go out into the community to gather
feedback and input on issues facing Eden Prairie residents. The city held town hall meetings with the
senior community, business community and with residents that represent diversity in EP for a
community listening session to hear what these populations were experiencing and what their concerns
are.
The city holds quarterly meetings with PROP, the city’s emergency services provider, to discuss
resident’s needs/barriers, affordable housing, tenant/landlord issues and homeless prevention. These
meetings are very important to the city as a means to understand what the needs are in the community
and what can be done to address these needs. The city learned that barriers include affordable housing
and transportation. The city plans to fund programs that address these barriers in 2024.
The city used social media and a city newsletter this year to reach out to first time homebuyers and
current homeowners to advertise the First Time Homebuyer and Housing Rehab programs. By using the
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newsletter, Facebook, email and the city's webpage HCS was able to educate the public on the programs
the city offers and increase the number of residents who participate in these programs.
6. Summary of comments or views not accepted and the reasons for not accepting them
No comments were received or rejected by the city of Eden Prairie during the public hearing or during
the public comment period
7. Summary
In summary, the City continues to serve as many low-and moderate-income residents as possible. The
city believes that its citizen participation plan as well as input from public service providers enables it
to administer CDBG funds efficiently and to meet the needs of its residents.
The activities to be undertaken during the 2024 program year address the priority needs and local
objectives as set forth in the Consolidated Plan. The activities that are part of the 2024 Action Plan are
to be completed within 12 months from the time funds are allocated to the City of Eden Prairie.
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PR-05 Lead & Responsible Agencies - 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant
program and funding source.
Agency Role Name Department/Agency
CDBG Administrator EDEN PRAIRIE Community Development
Table 1 – Responsible Agencies
Narrative
The City of Eden Prairie is a CDBG entitlement community. Eden Prairie is also a member of the HOME consortium of suburban Hennepin
County. Therefore, the County serves as the lead agency in the overall development and submittal of the Consortium Consolidated Plan and
Annual Action Plans for participating jurisdictions, including CDBG grantees.
Consolidated Plan Public Contact Information
City of Eden Prairie
Office of Housing and Community Services
8080 Mitchell Rd
Eden Prairie, MN 55344
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AP-10 Consultation - 91.100, 91.200(b), 91.215(l)
1. Introduction
Hennepin County leads the coordination of the Consolidated Plan and Action Plans. Eden Prairie creates
the portion of the plan specific to their city and is part of the Hennepin County Consortium Consolidated
Plan. Eden Prairie is responsible for the development of annual plans and reports for their CDBG
program. The Consolidated Plan and Action Plan is written in accordance with HUD guidelines regarding
data requirements and the types of goals by income group and population.
City staff consulted with a variety of organizations in the development of the Action Plan, as described
below and in the Citizen Participation section. In addition to resident and community partner
consultations, the city assessed the current state of housing and community development needs.
The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and
Community Services, Community Development, Parks and Rec, Police, Fire and Inspections. This
committee meets weekly to review proposals for new development and projects. This group works
directly with developers, non-profit agencies and other governmental agencies and transit authorities to
ensure that all perspectives are considered throughout the review process.
The city consults and works closely with the Fair Housing Implementation Council to identify and
address fair housing needs throughout the metro area. The Fair Housing Policy calls on City staff to
spread awareness on what the protected classes are and what constitutes a fair housing violation. The
City’s Fair Housing designee routinely takes calls from potential complainants, making appropriate
referrals either to HUD, to local legal advocacy organizations, or to other City departments to try to
rectify landlord / tenant issues. On September 21, 2022, the regional Fair Housing Implementation
Council (FHIC) issued a request for proposals (RFP) containing eligible fair housing activities from any
qualified agency, nonprofit or community organization. The proposed activities addressed at least one
or both of the following fair housing goals as listed in the 2020 Analysis of Impediments to Fair Housing
Choice: Goal 3: Support homeownership for households of color or Goal 6: Ensure equal access to
housing for persons with protected characteristics, lower-income, and homeless. Three organizations
were awarded $156,875 from the FHIC to address these goals.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l)).
The City deploys CDBG funding, pooled TIF funds and general fund monies to coordinate services with a
host of agencies serving households at a variety of low-and moderate-income levels. The City supports
organizations dedicated toward people with mental or other health issues, both as adjunct support
services in a general occupancy facility such as Trail Pointe Ridge, a newer development with 13
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units dedicated for the long-term homeless and households with a disabled member, and through
dedicated facilities specially designed to serve a special population. Among recent efforts is a
partnership with People Reaching Out to People (PROP), a longstanding non-profit partner providing
wraparound services, and Relate, a mental health services provider, to assist low-and moderate-income
residents with comprehensive support services including rental assistance, counseling and
support. Awards have also been made to the YMCA and Eden Prairie schools to support youth in the
community through skills- and life-enhancing activities, and to Senior Community Services to help senior
residents stay in their homes by providing low- or no-cost repairs around the home. Recently, the City
has been in discussion with the Eden Prairie Housing Alliance, particularly as regards community
education efforts aimed at destigmatizing affordable housing as well as its inhabitants. Finally, the City
operates a Property Managers Collaborative that aims to share knowledge between building managers
and owners and the City, with several of its departments including regular updates from Police and Fire
as to what’s happening in the community, best practices, and tenant rights and responsibilities.
Every year, the City of Eden Prairie provides grant funding, through CDBG and the General Fund, to
community service agencies to provide services to seniors, individuals, children and
families. Coordination of the grants takes place within the City’s Housing and Community Services (HCS)
division. Many of these services are provided on-site to residents living in the three Section 8 project-
based housing developments in Eden Prairie. These housing developments are Briarhill, Prairie
Meadows and Edendale Retirement Residence. HCS staff coordinate outreach strategies with the local
emergency service provider, PROP, to property managers to ensure they are aware of the programs
and services that are available to the tenants living in their buildings. The city uses general funds to
support a YMCA program at Briarhill to increase access to food and community resources as well as
educational supports for students. The city is working with Edendale to provide food access as well as
providing updates on access to resources. Eden Prairie is collaborating with Onward Eden Prairie to
provide housing to youth who are experiencing homelessness. The program offers supportive housing
with supervision and case management to help young people get the education and job skills to lift
them out of poverty.
HCS assists residents interested in applying for the wait list for the Housing Choice Voucher program if
waiting lists are opened. When the City receives calls from community members regarding section 8
housing opportunities in Eden Prairie, staff provide information, referrals and connection to social
service agencies that are designed to fit their particular needs. Assistance is available in English, Spanish
and Somali. HCS staff assists immigrants with available resources, employment services and
unemployment applications.
Finally, the City also works with various public agencies including other cities, Hennepin County, and
state agencies. This collaboration allows the City to find out more about what these organizations are
experiencing in the community which helps the City prepare for future needs.
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Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The Minneapolis/Hennepin County Continuum of Care (CoC) & Hennepin’s Housing Stability department
convene CoC members around specific target populations (Youth Collaborative, Family Services
Network, Shelter leadership meeting) and intervention types in order to coordinate and develop new
collective strategies to make homelessness rare, brief and non-recurring. The CoC's Executive
Committee supports these strategies, and the Funding Committee evaluates existing and proposed
projects for service and reallocates funds to meet emerging needs.
All homeless designated housing programs that receive public funding are required to fill all vacancies
through the Coordinated Entry System (CES). This allows for a system-wide assessment and prioritization
of people most in need of each housing type. The CES system prioritizes veterans, chronically homeless
persons and families, people with disabilities and those who have the longest histories of homelessness
and medical fragilities. The process also assesses household preferences, including preferences for
culturally specific services, to support the best match between person and program.
Hennepin County has very few homeless families that meet the HUD definition of chronic homelessness
due to a shelter-all policy for families and access to rapid rehousing and permanent supportive housing
through CES. The County reduced family homelessness by 42% from 2014 to 2020 as reflected in the
Point-In Time count (from 2,088 to 1,220 people in families). During the pandemic, the demand for
family shelter dropped again resulting in a 2022 count of 940 people in families. It is anticipated this will
rise significantly in the 2024 count as shelter demand has surged coming out of the state and federal
eviction moratoria and as the federal Emergency Rental Assistance programs wound down.
For single adults, Housing Stability has developed a by-name list of those who meet requirements of
chronic homeless status. This approach dramatically accelerated housing outcomes from 76 chronically
homeless individuals housed in 2018 to more than 300 individuals in 2022. Since June 2017, over 1,300
chronically homeless people – with an average of four years homeless – were housed with a 93%
retention rate. Hennepin County has been selected to participate in the Big City Last Mile project with
Community Solutions Built for Zero, recognizing and amplifying local progress in addressing chronic
homelessness.
The State of Minnesota adopted a by-name registry for veterans in 2015 and has since housed more
than 2,922 veterans, including 1,222 within Hennepin County. Outreach is provided at the Adult
Opportunity Center, shelters & drop-in centers, and through the VA’s Mental Health Homeless Mobile
Outreach program and Community Resource & Referral Center.
The youth-specific crisis response system in Hennepin CoC consists of multiple access points (crisis line,
website and mobile app, drop-in centers, and street and school outreach), prevention services, youth-
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specific Emergency Shelter beds, Rapid ReHousing / Transitional Housing beds, Host Homes and
Permanent Supportive Housing units. HUD selected Hennepin County as a youth Homeless
Demonstration Program site in 2021 to leverage an additional $3.5m in HUD Continuum of Care funding
over a two-year period in support of the vision and goals developed with leadership from our Youth
Action Board.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
Eden Prairie does not receive ESG funds.
2. Agencies, groups, organizations and others who participated in the process and
consultations
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Table 2 – Agencies, groups, organizations who participated
1 Agency/Group/Organization City of Eden Prairie
Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Services - Victims
Services - Broadband Internet Service Providers
Services - Narrowing the Digital Divide
Agency - Managing Flood Prone Areas
Agency - Management of Public Land or Water Resources
Agency - Emergency Management
Other government - Local
Regional organization
Planning organization
Business and Civic Leaders
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Broadband and emergency management
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
City staff from a variety of departments work on issues related to housing, safety,
senior and community needs. Staff consulted with Planning, Communications
and IT departments to determine the Broadband needs of low/mod income Eden
Prairie residents along with steps being taken to address these needs. Fire was
consulted in regards to the Emergency Management Plan within the city. This
plan protects the city by coordinating and integrating all activities to build,
sustain, and improve capabilities to prevent, mitigate, prepare for, respond to
and recover from threatened or actual natural disasters, fires, flooding, acts of
terrorism or other man-made disasters.
2 Agency/Group/Organization Senior Community Services (SCS)
Agency/Group/Organization Type Housing
Services - Housing
Services-Elderly Persons
Services-Persons with Disabilities
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Annual Action Plan
2024
13
OMB Control No: 2506-0117 (exp. 09/30/2021)
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
To determine needs for low-and moderate-income seniors living in Eden Prairie,
the city consults with Senior Community Services.
3 Agency/Group/Organization People Reaching out to Other People
Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-homeless
Services-Health
Services-Education
Services-Employment
Services - Victims
Business Leaders
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Strategy
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The city consulted PROP to help with planning the best way to use CDBG funds to
prevent homelessness and fill the gaps in other service related needs. The city
relies heavily on PROP's expertise on the anticipated needs of Eden Prairie
residents and therefore hold quarterly meetings to hear and address these
needs.
Annual Action Plan
2024
14
OMB Control No: 2506-0117 (exp. 09/30/2021)
4 Agency/Group/Organization WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Housing and Community Services consulted with WHAHLT to determine the need
for affordable housing and the availability of housing in the city. Increasing
affordable housing options in Eden Prairie is a high priority for the city and
working with WHAHLT is a way to attain this goal.
Annual Action Plan
2024
15
OMB Control No: 2506-0117 (exp. 09/30/2021)
5 Agency/Group/Organization HENNEPIN COUNTY
Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Services - Victims
Health Agency
Child Welfare Agency
Publicly Funded Institution/System of Care
Other government - Federal
Other government - State
Other government - County
Other government - Local
Regional organization
Business and Civic Leaders
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Lead-based Paint Strategy
Annual Action Plan
2024
16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Eden Prairie meets with staff from Hennepin county regarding market conditions,
housing and community needs, gaps in service, and recommendations for
priorities as well as HOME application reviews. The city consults Hennepin
County regarding lead based paint strategies, grants and testing.
6 Agency/Group/Organization Office to End Homelessness
Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Services - Victims
Health Agency
Child Welfare Agency
Publicly Funded Institution/System of Care
Other government - Federal
Other government - County
Other government - Local
Regional organization
Planning organization
Business and Civic Leaders
Annual Action Plan
2024
17
OMB Control No: 2506-0117 (exp. 09/30/2021)
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Market Analysis
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The Office to End Homelessness was consulted in the development of the
consolidated plan and continues throughout the plan.
7 Agency/Group/Organization Metropolitan Fair Housing Implementation Council
Agency/Group/Organization Type Service-Fair Housing
Other government - County
Other government - Local
Regional organization
Civic Leaders
What section of the Plan was addressed by
Consultation?
Fair Housing
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The city consults and works closely with the Fair Housing Implementation Council
to identify and address fair housing needs throughout the metro area.
Annual Action Plan
2024
18
OMB Control No: 2506-0117 (exp. 09/30/2021)
8 Agency/Group/Organization City of Plymouth
Agency/Group/Organization Type Housing
Services - Housing
Other government - Local
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Eden Prairie consults with Plymouth staff quarterly to discuss community
development and housing needs. Consultation will help develop Priority Needs
and Goals.
9 Agency/Group/Organization City of Bloomington
Agency/Group/Organization Type Housing
Services - Housing
Other government - Local
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Eden Prairie consults with Bloomington staff quarterly to discuss community
development and housing needs. Consultation will help develop Priority Needs
and Goals.
Annual Action Plan
2024
19
OMB Control No: 2506-0117 (exp. 09/30/2021)
10 Agency/Group/Organization METROPOLITAN COUNCIL HOUSING & REDEVELOPMENT AUTHORITY
Agency/Group/Organization Type Housing
PHA
Other government - State
Regional organization
Planning organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Market Analysis
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Eden Prairie consulted with the Met Council regarding economic/community
development and affordable housing needs including coordination with the Met
Council to apply for affordable housing grants.
Identify any Agency Types not consulted and provide rationale for not consulting
All agencies listed above were consulted.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care Hennepin County The Eden Prairie CDBG Action Plan identified homeless prevention activities as important goals. This
includes direct homeless prevention housing assistance as well as affordable housing programs.
Aspire 2040 City of Eden
Prairie
Aspire 2040 lays out development of the city for the next 20 years. It also identifies affordable
housing efforts within the city, which may be impacted by the city's CDBG efforts.
Annual Action Plan
2024
20
OMB Control No: 2506-0117 (exp. 09/30/2021)
Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Housing Task
Force
City of Eden
Prairie
Using Aspire 2040 and the City's Action Plan as guides, the twelve member, city council appointed,
Task Force addressed key goals and strategies including inclusionary housing, affordable housing
trust funds, NOAH preservation, tenant protection ordinances, strategies to support seniors,
development along transit lines, and a number of other policy and strategic recommendations.
Metropolitan
Council
Metropolitan
Council
The Eden Prairie CDBG Action Plan has overlap with the Housing Policy Plan. Both plans identify
priorities related to maintaining existing affordable housing stock and providing a mix of affordable
housing options for households of all life stages and economic means.
Eden Prairie Race
Equity Report
City of Eden
Prairie
The Eden Prairie Race Equity Report includes a list of recommendations to drive equity and inclusion
in the City of Eden Prairie. Recommendations include strategies to drive equity in housing through
barrier reduction, affordability, development strategies and social service support.
Table 3 - Other local / regional / federal planning efforts
Narrative
The City of Eden Prairie works closely with the Hennepin County Consortium in setting the priorities, citizen participation and the fair housing
strategic plan for the five year span. The Consortium includes Hennepin County and several units of local government, including Bloomington,
Plymouth and Eden Prairie. Staff representing each member of the Consortium meet to coordinate the creation and implementation of the
Consolidated Plan, and to share outcomes from each of the cities' housing and economic development programs. The Eden Prairie CDBG
program attempts to address the widest range of needs possible despite limited resources. The Action Plan identifies a variety of goals to
promote housing affordability, provide suitable and well-maintained housing and accessibility to needed social services for low-and moderate-
income Eden Prairie households.
Annual Action Plan
2024
21
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
Eden Prairie encourages the participation of citizens, community groups and other interested agencies in the planning process. The citizen
participation process is designed to encourage all residents, including non-English speaking, minority populations, and low/mod income persons
to participate. The citizen participation process impacted goal setting by giving the city a clear vision of where funds would be best allocated to
meet the greatest needs in the community. The city plans to use focus groups and community meetings for future planning.
Eden Prairie’s citizen participation process includes an RFP process that allows non-profit agencies to apply for CDBG funding. An ad was placed
in the Sun Sailor on November 30, 2023, requesting proposals for CDBG public service grants. Through this process, the City engages with social
service providers, the faith community and school district staff to learn about the needs in the community. The city solicited public comments
from February 23 to March 24, 2024. This thirty-day comment period was published in the Sun Sailor on February 22, 2024 and in the city
manager’s report. The goal was to solicit comments from the public regarding the plan. The plan was available for review upon request, on the
city’s website and a copy of the plan was available at Eden Prairie City Center and Eden Prairie library. No comments were received during the
citizen participation process. Any resulting changes to Plan goals would be made in accordance with the procedures outlined in Eden Prairie's
Citizen Participation Plan. The Eden Prairie city council held a public hearing on March 12, 2024 to approve the city’s 2024 Action plan. After the
city’s public hearing, Hennepin County held a 30 day public comment period for the Consortium’s 2024 Annual Action Plan. Hennepin County’s
public hearing was held and no comments were received regarding Eden Prairie’s plan.
The city council and staff held three town hall meetings with the senior community, the business community and with residents that represent
diversity in EP. Attendees asked questions of staff and elected officials about plans for the future while also sharing their personal/professional
experiences within the community and ideas for future conversations and action. Attendees represented community members, community
organizations and educational institutions. During the town hall with residents who represent diversity, an overview of the City’s Race Equity
Report was given and residents voiced their concerns and recommendations. The feedback from the meetings is helping to guide City staff with
implementing recommendations outlined in the City’s Race Equity Report.
HCS has Somali and Spanish speaking staff available to allow residents to express the needs of their community in their preferred language. HCS
facilitates an EP Connections Group that listens to the concerns of Eden Prairie immigrant families regarding Covid, vaccinations, and connecting
Annual Action Plan
2024
22
OMB Control No: 2506-0117 (exp. 09/30/2021)
services to the elderly. This group plans to continue meeting throughout the year to receive input from Eden Prairie immigrants regarding needs
and concerns within their community.
The Eden Prairie Human Rights and Diversity Commission (HRDC) recently completed the Eden Prairie Race Equity Report which included
community engagement sessions with community members and representatives of community organizations. Participants gave feedback
focused on building a more inclusive community. Using data received from their Race Equity Report, the HRDC has undertaken a Race Equity
Initiative to focus on building a more inclusive community. This will include internal document review as well as community listening sessions.
Citizen Participation Outreach
Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attend
ance
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
1 Public Meeting
Non-
targeted/broad
community
Attendance by
three CDBG
Grantees
Comments
made by the
three grantees
were related to
providing
information
about the
organization
and thanking
the city council
for their
support.
N/A
2 Internet
Outreach
Non-
targeted/broad
community
N/A No comments
received
http://www.edenprairie.org/cit
y-
government/departments/com
munity-development/housing-
and-community-services
Annual Action Plan
2024
23
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attend
ance
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
3 Newspaper Ad
Non-
targeted/broad
community
N/A No comments
received N/A
4 City Manager
Report
Non-
targeted/broad
community
N/A No comments
received N/A
Table 4 – Citizen Participation Outreach
Annual Action Plan
2024
24
OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
During the 2024 program year, the city anticipates receiving its annual allocation of $280,000 along with $55,000 in program income for a total
available funding amount of $335,000.
Anticipated Resources
Program Source of
Funds Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual Allocation:
$
Program Income:
$
Prior Year Resources:
$
Total: $
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 280,000 55,000 0 335,000 0
During the 2024 program year, the city
anticipates receiving its annual
allocation of $280,000 along with
$55,000 in program income for a total
available funding amount of $335,000.
Table 5 - Expected Resources – Priority Table
Annual Action Plan
2024
25
OMB Control No: 2506-0117 (exp. 09/30/2021)
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own
funds with the CDBG funds. If lead is found during the PIRA inspection, the homeowner will work with Hennepin County to pursue additional
grant funding they may be eligible to receive.
Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of
purchased properties.
All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of
their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require
a commitment.
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs
identified in the plan
N/A
Discussion
During the 2024 program year, the city anticipates receiving its annual allocation of $280,000 along with $55,000 in program income for a total
available funding amount of $335,000.
If available, the city will use excess prior year entitlement funds and/or excess program income for administration, public services, affordable
housing and rehabilitation activities.
Annual Action Plan
2024
26
OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
1 Homeowner
Rehabilitation
2020 2024 Affordable Housing Citywide Preserve/Create
Single Family
Homeownership
CDBG:
$122,000
Homeowner Housing
Rehabilitated: 8 Household
Housing Unit
2 Rehab Grants 2020 2024 Non-Homeless
Special Needs
Citywide Rehab Grants CDBG:
$5,000
Facade treatment/business
building rehabilitation: 1 Business
3 Direct
Homebuyer
Assistance
2020 2024 Affordable Housing Citywide Preserve/Create
Single Family
Homeownership
CDBG:
$20,000
Homeowner Housing Added: 1
Household Housing Unit
4 Acquisition 2020 2024 Affordable Housing Citywide Preserve/Create
Single Family
Homeownership
CDBG:
$81,000
Homeowner Housing Added: 3
Household Housing Unit
5 Senior Services 2020 2024 Non-Homeless
Special Needs
Non-Housing
Community
Development
Senior Public
Service
Citywide Education, Outreach
and Services
CDBG:
$12,000
Public service activities other than
Low/Moderate Income Housing
Benefit: 30 Persons Assisted
Annual Action Plan
2024
27
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
6 Public Services 2020 2024 Non-Homeless
Special Needs
Non-Housing
Community
Development
Citywide Education, Outreach
and Services
CDBG:
$43,000
Public service activities other than
Low/Moderate Income Housing
Benefit: 5 Persons Assisted
Public service activities for
Low/Moderate Income Housing
Benefit: 17 Households Assisted
8 Fair Housing 2020 2024 Fair Housing Citywide Fair Housing CDBG:
$2,000
Other: 1 Other
9 Administration 2020 2024 Administration Citywide Administration CDBG:
$50,000
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Homeowner Rehabilitation
Goal
Description
The City of Eden Prairie expects to rehabilitate six owner-occupied homes through the Housing Rehabilitation Loan
Program. The program is funded using CDBG formula funds and program income. The program provides up to $30,000,
depending on availability of funds, for eligible repairs through an interest free, deferred loan, with a phased repayment.
The loan is forgiven after 20 years. Applications are accepted year round on a “first come, first served” basis. Applicants
qualify based on their household income being at or below 80% of the Area Median Income (AMI) and the amount of
equity in their home. An emergency rehab grant program will also be available for seniors to receive grants up to $7,500
to make emergency repairs to their homes. It is expected that two emergency grants will be made.
Annual Action Plan
2024
28
OMB Control No: 2506-0117 (exp. 09/30/2021)
2 Goal Name Rehab Grants
Goal
Description
Provide rehabilitation grants to non-profits that serve low-and moderate-income Eden Prairie residents to update their
facilities.
3 Goal Name Direct Homebuyer Assistance
Goal
Description
The city assists low-and moderate-income first time homebuyers through a down payment assistance program. The city
expects to provide one First Time Homebuyer loan. Down payment assistance is an interest free deferred loan up to
$25,000 that provides 50% of the required down payment, $5000 in closing costs and 10% principle reduction. Loan
amounts are dependent on availability of program income funds.
4 Goal Name Acquisition
Goal
Description
CDBG funds are used for the acquisition of three affordable property by West Hennepin Affordable Housing Land Trust
(WHAHLT) and then sold to low-and moderate-income eligible buyers. WHAHLT retains ownership of the land on which
the home sits, thereby assuring that it will remain an affordable property for a term of 99 years.
5 Goal Name Senior Services
Goal
Description
Assistance to low-and moderate-income Eden Prairie seniors with interior and exterior home maintenance (such as yard
work, snow removal, and minor repairs) and in-home technology support to help seniors remain in their homes with
dignity and safety.
6 Goal Name Public Services
Goal
Description
Provide assistance to low-and moderate-income Eden Prairie households in danger of becoming homeless that need
emergency assistance for housing costs (rent/mortgage). Provide emergency transportation assistance to low-and
moderate-income Eden Prairie residents through the Emergency Vehicle Repair program.
7 Goal Name Fair Housing
Goal
Description
Fair Housing activities include education for property managers, staff training, community outreach, and referral to Legal
Aid. Funds are provided to Dakota County CDA for implementation of the Fair Housing activity.
Annual Action Plan
2024
29
OMB Control No: 2506-0117 (exp. 09/30/2021)
8 Goal Name Administration
Goal
Description
Implementation of the CDBG program for the city of Eden Prairie.
Annual Action Plan
2024
30
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-35 Projects - 91.420, 91.220(d)
Introduction
As determined at the March 12, 2024 public hearing, and adopted by Eden Prairie City Council
Resolution No. 2024-, the city of Eden Prairie will undertake activities related to housing rehabilitation,
homebuyer assistance, public services, fair housing and program administration.
# Project Name
1 Housing Rehabilitation
2 Affordable Housing
3 Family Public Services
4 Senior Services
5 Rehab Grants
6 Fair Housing
7 Administration
Table 7 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and
provide assistance for those who have underserved needs. The City will continue to be in contact with
these agencies to learn about the underserved need in the community and how the City can help meet
these needs.
Despite limited funding, Eden Prairie’s CDBG program is designed to meet a wide range of needs,
including services for low-and moderate-income seniors, individuals and families. The city also
participates in fair housing activities, housing rehabilitation and affordable housing programs. The city
works with public, private, nonprofit and private industry partners to accomplish its community
development goals using CDBG and other funding sources. In an effort to further the city's efforts in
assisting low-and moderate-income households, the following are additional actions in which the city
provides or participates in.
The proposed actions the City of Eden Prairie will take to reduce the number of persons below the
poverty line are seen in the public services programs the city funds, both with general funds and CDBG
funds, which promote self-sufficiency. Funded public service programs such as the vehicle repair
program, the emergency housing assistance program, Meals on Wheels, and the HOME program have
the common theme of helping people become or remain self sufficient. Helping people become or
remain self-sufficient will reduce the likelihood that they will fall below the poverty line.
An obstacle to meeting underserved needs the City has encountered has been a lack of
affordable housing for potential homebuyers in its First Time Homebuyer Program. Due to the
Annual Action Plan
2024
31
OMB Control No: 2506-0117 (exp. 09/30/2021)
current housing market in the area, the City has encountered a lack of available housing in the price
range that is within reach of young families and individuals who qualify for mortgages in the range of
$250,000 to $300,000. The rising interest rates and lack of single family homes has become a barrier to
first time homebuyers looking to purchase a home in Eden Prairie using the First Time Homebuyer
Program. A lack of affordable housing stock on the market has also been a barrier to WHAHLT securing
affordable properties in Eden Prairie. WHAHLT has secured additional funding through a Met Council
grant to purchase three single family homes in Eden Prairie.
Annual Action Plan
2024
32
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information
Annual Action Plan
2024
33
OMB Control No: 2506-0117 (exp. 09/30/2021)
1 Project Name Housing Rehabilitation
Target Area Citywide
Goals Supported Homeowner Rehabilitation
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $122,000
Description Housing rehabilitation including energy efficiency repairs for low-and
moderate-income Eden Prairie homeowners. The rehabilitation loan
program provides up to $30,000, depending on availability of funds, for
eligible repairs through an interest free, deferred loan that is forgiven
after twenty years. These loans are offered in an effort to help maintain
the condition of housing and neighborhoods in Eden Prairie. An
emergency rehab grant program will also be available for seniors to
receive grants up to $7,500 to make emergency repairs which to their
homes
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed activities
Housing Rehab Program - six low-and moderate-income Eden Prairie
households
Emergency Repair Program - two low-and moderate-income Eden
Prairie senior households
Location Description This program is available citywide to low-and moderate-income
households.
Planned Activities Housing Rehabilitation
2 Project Name Affordable Housing
Target Area Citywide
Goals Supported Direct Homebuyer Assistance
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $101,000
Annual Action Plan
2024
34
OMB Control No: 2506-0117 (exp. 09/30/2021)
Description Funding for down payment assistance for low-and moderate-income
first time home buyers. The Eden Prairie First Time Homebuyer Program
offers a zero interest, deferred loan up to $25,000 with the city of Eden
Prairie holding a second mortgage on the property. The deferred loan
helps first time homebuyers offset the cost of purchasing a home by
providing assistance with down payment, closing costs, and mortgage
principle reduction. Repayment of the loan is required when the home
is sold or no longer homesteaded within the first 30 years. After 30
years, the loan becomes due and payable. CDBG funds are used for
acquisition of an affordable property by West Hennepin Affordable
Housing Land Trust (WHAHLT) and then sold to a low-and moderate-
income eligible buyer. WHAHLT retains ownership of the property on
which the home sits, thereby assuring that it will remain an affordable
property for a term of 99 years.
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed activities
First Time Homebuyer Program - One low-and moderate-income
household
Acquisition - Three low-and moderate-income household.
Location Description This program is available citywide to low-and moderate-income
households.
Planned Activities First time homebuyer down payment assistance for one low-and
moderate-income household.
WHAHLT - affordable housing acquisition to be sold to three low-and
moderate-income first time homebuyers.
3 Project Name Family Public Services
Target Area Citywide
Goals Supported Public Services
Needs Addressed Education, Outreach and Services
Funding CDBG: $43,000
Annual Action Plan
2024
35
OMB Control No: 2506-0117 (exp. 09/30/2021)
Description The Homeless Prevention program provides one to three months of
emergency mortgage and rent payments for low-and moderate-income
Eden Prairie families facing a housing crisis. The goal of the program is
to prevent homelessness and to stabilize families in their homes and
alleviate a financial crisis. The Car Repair program helps low-and
moderate-income Eden Prairie residents maintain self sufficiency by
assisting with the costs of repairs to their vehicles. This enables
residents to maintain their transportation and continue working.
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed activities
Emergency Housing - 17 low-and moderate-income households
Emergency Car Repair - 5 low-and moderate-income households
Location Description These programs are available citywide to low-and moderate-income
households.
Planned Activities Emergency rent/mortgage assistance, emergency car repair assistance
4 Project Name Senior Services
Target Area Citywide
Goals Supported Senior Services
Needs Addressed Education, Outreach and Services
Funding CDBG: $12,000
Description Senior Community Services helps maintain independence for elders and
avoid premature nursing home placement by providing low-and
moderate-income older adults with high-quality chore and home
maintenance services delivered by trusted professionals and
community volunteers. HOME services are provided on a sliding-fee
scale at an affordable cost, and include: 1) Housekeeping: housework
that is often difficult for older adults to safely perform such as cleaning,
laundry and grocery shopping. 2) Outdoor: snow shoveling and de-icing,
grass cutting and leaf raking, helping to prevent winter senior falls. 3)
Handyperson: changes furnace filters, install winter weatherization, and
make plumbing, carpentry and electrical repairs. 4) Home Safety: safety
assessments and make improvements, such as grab bars and improved
lighting, and reduce tripping hazards. 5) Painting: interior and exterior
painting. 6) Technology Support
Target Date 6/30/2025
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Estimate the number
and type of families
that will benefit from
the proposed activities
30 low-and moderate-income seniors will receive chore service benefits
Location Description This program is available citywide to low-and moderate-income senior
households.
Planned Activities Provide maintenance, technology and chore assistance to low-and
moderate-income Eden Prairie senior households.
5 Project Name Rehab Grants
Target Area Citywide
Goals Supported Rehab Grants
Needs Addressed Rehab Grants
Funding CDBG: $5,000
Description Provide one rehab grant to a non-profit who serves low-and moderate-
income Eden Prairie residents to make needed repairs to their facilities.
Grants will be provided as needed if additional program income funds
are available.
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed activities
Provide one rehab grant to a non-profit who serves low-and moderate-
income Eden Prairie residents to make needed repairs to their facilities.
Grants will be provided as needed if additional program income funds
are available.
Location Description This project is available citywide to non-profits that serve low-and
moderate-income Eden Prairie residents
Planned Activities Provide grants to non-profits that serve low-and moderate-income
Eden Prairie residents for rehabilitation of facilities
6 Project Name Fair Housing
Target Area Citywide
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $2,000
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Description The City is an active member of the Fair Housing Implementation
Council (FHIC), a coalition comprised of the counties of Anoka, Dakota,
Hennepin, Ramsey and Washington; the Metro HRA (Metropolitan
Council); the Community Development Agencies of Scott and Carver
counties; and the cities of Bloomington, Eden Prairie, Minneapolis,
Minnetonka, Plymouth, Coon Rapids, Saint Paul and Woodbury. A
second coalition, the Fair Housing Advisory Committee (FHAC), was
formed to incorporate feedback from the community and a HUD
technical services provider to inform and improve the regional Analysis
of Impediments. The scope of work includes both informing those most
likely to experience discrimination of their fair housing rights and
connecting them with government decision-makers to address barriers
to fair housing.
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed activities
Low-and moderate-income Eden Prairie residents will benefit from the
Fair Housing Implementation Council's (FHIC) work to identify and
eliminate barriers to Fair Housing. The FHIC's work includes outreach,
education and enforcement activities. This work is not measured in
number of people served but is designed to help as many people as
possible experience a better quality of life.
Location Description Citywide
Planned Activities The city of Eden Prairie will participate in and help to fund fair housing
activities through the Fair Housing Implementation Council, which
provides support for fair housing activities. Activities include education
for property managers, staff training community outreach and referral
to Legal Aid. Funds are provided to Dakota County CDA for
implementation of the fair housing activity.
7 Project Name Administration
Target Area Citywide
Goals Supported Administration
Needs Addressed Administration
Funding CDBG: $50,000
Description Implement and coordinate the CDBG program for Eden Prairie
Target Date 6/30/2025
Annual Action Plan
2024
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description Citywide
Planned Activities Implement and coordinate the CDBG program for Eden Prairie
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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
All programs will be provided on a city-wide basis and will be directed to low-and moderate-income
Eden Prairie residents whose household income is at or below 80% AMI.
Geographic Distribution
Target Area Percentage of Funds
Citywide 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
Because there are no concentrations of poverty or other significant factors, all programs are available
city-wide.
Discussion
The city will continue its policy of making programs available citywide to low/mod income Eden Prairie
residents.
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2024
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OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-75 Barriers to affordable housing -91.420, 91.220(j)
Introduction
The city of Eden Prairie strives to assist residents with affordable housing. This is accomplished through CDBG funded programs including
Housing Rehabilitation, First Time Homebuyer and WHAHLT. Public service providers also assist residents with affordable housing through
homeless prevention, car repair and maintenance chore services for seniors.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such
as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and
policies affecting the return on residential investment
Eden Prairie uses many strategies to remove barriers to affordable housing. By using the community land trust model, these properties remain
affordable for 99 years. The City uses Tax Increment Financing (TIF) and other tools to help incentivize developers to build multi-family
developments in Eden Prairie. City policy requires developers who receive public TIF financing to set aside 20% of the units as affordable at the
50% Area Median Income (AMI). Most notably, the City’s new inclusionary housing ordinance requires affordability regardless of any special
barriers. Eden Prairie is the only regional municipality to require its inclusionary units to remain affordable in perpetuity rather than timing out in
15, 20, or 30 years. The City uses CDBG funds in the single family home rehabilitation program to help homeowners keep their properties viable
and structurally sound. Without the home rehabilitation program, some of our residents, particularly senior citizens, could not afford to make
the repairs which are necessary to stay in their homes.
The City of Eden Prairie allocates general funds for public service programs. These programs support people who are currently homeless, facing
homelessness or have other special needs.
Discussion
Eden Prairie will continue to support existing programs that remove barriers to affordable housing as well as participate in regional
opportunities to address affordable housing issues. The city will continue its policy of making housing affordable citywide.
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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
Eden Prairie’s CDBG program is designed to meet a wide range of needs, including services for seniors,
youth and families. The city also participates in fair housing activities, housing rehabilitation and
affordable housing programs. The city works with public, private, non-profit and private industry
partners to accomplish its community development goals using CDBG and other funding sources. In an
effort to further the city's efforts in assisting low- and moderate-income households, the following are
additional actions which the city provides or participates in.
Actions planned to address obstacles to meeting underserved needs
The City will continue to identify obstacles, such as lack of affordable housing, to address unmet and
underserved community needs and support the goals established in the Aspire 2040 Consolidated Plan
that benefit residents throughout the life cycle. The City’s approach to meeting these affordable
housing needs includes, as one example, assisting renters in purchasing homes by providing down
payment and closing cost assistance combined with counseling and education to low-and moderate-
income families. The City also works to preserve and expand the supply of decent, safe, and affordable
housing, by providing financial assistance for rehabilitation and repair of owner-occupied units to low-
and moderate-income families. In addition, the City works closely with the West Hennepin Affordable
Housing Land Trust (aka Homes Within Reach) to bring homeownership within reach for lower-income
households. The city is currently partnering with WHAHLT to expend a grant of $160,000 from the
Metropolitan Council to further these efforts. Activities such as the City’s first-time homebuyer program
and its community land trust investments disproportionately serve households of color, meeting a
dramatically unserved need across the region and state. The city applied to Hennepin County for a
broadband grant aimed at bringing down the costs of and increasing access to high quality internet
services targeted to Project-Based Section 8 and other low-income properties serving many BIPOC and
elderly households, this effort will help narrow the educational and logistical gaps between well-served
households and those having to make do with low speeds or who even lack basic access. Finally, as
articulated below, Eden Prairie secures affordability in all new developments via its inclusionary housing
ordinance. This includes serving vulnerable populations such as seniors moving into assisted living and
memory care.
The proposed actions the City of Eden Prairie will take to reduce the number of persons below the
poverty line are seen in the public service programs the city funds, both with general funds and CDBG
funds, which promote self-sufficiency. Funded public service programs such as the vehicle repair
program, the emergency housing assistance program, Meals on Wheels, and the HOME Program have
the common theme of helping people become or remain self sufficient. Helping people become
Annual Action Plan
2024
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OMB Control No: 2506-0117 (exp. 09/30/2021)
or remain self-sufficient will reduce the likelihood that they will fall below the poverty line.
Actions planned to foster and maintain affordable housing
The City, at the Council’s direction, sponsored a Housing Task Force several years ago charged with
presenting a range of program and policy options to City leadership. The diverse members tackled a
range of policy areas and presented its findings to the City Council. Representing a wide range of
disciplines the Task Force made recommendations on several items, including formalizing an
inclusionary policy (now a functional local ordinance requiring affordability contributions in near all new
multifamily housing developments), creating an affordable housing trust fund (now created), developing
an inventory and strategies for preservation of NOAH properties, and recently passed a tenant
protection ordinance. This last item, as well as ongoing participation in the regional Fair Housing
Implementation Council (which recently released a RFP aimed at narrowing the homeownership gap and
increasing general access to affordable housing), aim to protect and empower residents in seeking
affordable housing.
The City also continues to pursue affordable housing development opportunities primarily through the
use of tax increment financing (TIF) and its inclusionary housing ordinance. While TIF is a commonly
used tool in multifamily developments in the City, a substantial reserve of flexible ‘pooled TIF’ dollars
have been slated for use for preserving NOAH properties or for development around one of the four
new transit stations to be built in conjunction with expansion of the green line light rail transit line which
terminates with four stops in Eden Prairie. While the City’s preference is to mix incomes in
developments, mostly or fully affordable properties are seen as especially worthwhile to pursue in LRT
station areas due to the array of services that tend to cluster when these areas develop. While
development interest overall has slowed some with rising interest rates and the current inflationary
environment, construction is complete at the 274-unit Paravel complex and at the 220-unit Ellie
Apartments, and nearing commencement of construction at the 425-unit GTS Multifamily Housing
development in the Golden Triangle station area. Each of these TIF-funded developments will for 26
years be 20% affordable to households at or below 50% of the area median income, and additionally will
feature 5% affordable to households at or below 80% of the area median in perpetuity. Eden Prairie is
the only regional city to formally require affordability in perpetuity.
On the single family side, the City plans to continue to invest CDBG funds in a community land trust
called West Hennepin Affordable Housing Land Trust (WHAHLT). The land trust model provides
homeownership opportunities to people of low-and moderate-income. By using the land trust model,
these properties remain affordable for 99 years. The City will use pooled TIF housing funds and CDBG
funds for its first-time homebuyer program. This program is structured to allow an interest-free loan
with deferred repayment to help low-and moderate-income homebuyers purchase their first home in
Eden Prairie.
The City uses CDBG to fund the single-family home rehabilitation program to help homeowners keep
Annual Action Plan
2024
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OMB Control No: 2506-0117 (exp. 09/30/2021)
their properties viable and structurally sound. This program allows low-and moderate-income residents,
particularly senior citizens, who could not otherwise afford to do so, make the repairs, which are
necessary to remain in their homes.
Actions planned to reduce lead-based paint hazards
Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are
required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint
testing is completed by Hennepin County. If lead hazards are found, they must be corrected and the
home must pass a clearance test before the project is considered complete. If the clearance test does
not pass, the corrections and re-testing must continue until the home does pass. This process is
completed following HUD regulations and guidelines. If lead is found in the home and children are
present, the city will work with the county to help the family apply for county grants in order to address
the lead hazards. These grants will provide for temporary housing of the family while the work is being
performed as well as paying for a portion of the lead abatement work. Once the home has passed a
clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer
and there are not many households that participate in the housing rehabilitation program that are built
prior to 1978.
Actions planned to reduce the number of poverty-level families
The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families
• Collaborating with and funding public service agencies in the community that assist low-and
moderate-income families achieve self-sufficiency.
• Partnering with nonprofits to offer financial management and budgeting classes for the
immigrant community, particularly those who have accessed financial support in the past.
• Provide employment assistance to Eden Prairie immigrants in finding jobs, particularly those
who have barriers with technology.
• Provide assistance to Eden Prairie immigrants who have lost jobs with completing
unemployment applications.
• Provide assistance to help poverty level families find affordable housing.
• Participate in the Open to Business program to help families start their own small businesses.
• Raising the visibility of support services in the community so that families in need can find the
help they need to move out of poverty.
Educating the broader population about the needs of poverty level families in the community and
holding collaborating events to work together to meet these needs and assist families with becoming
Annual Action Plan
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OMB Control No: 2506-0117 (exp. 09/30/2021)
self-sufficient.
Actions planned to develop institutional structure
The city of Eden Prairie is already working with many of the public service agencies that serve the
community. These agencies receive general fund grants from the city as well as CDBG grants. The
organizations work together as part of a larger, broad-based effort. Since these relationships are
working well, there are no planned changes.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of Eden Prairie coordinates a property managers group that meets quarterly to discuss
challenges, opportunities and resources available to rental properties. Social service agencies
participate in these quarterly meetings. The city’s rental inspection program makes referrals as needed
to city housing staff and social service agencies to provide resources to prevent displacement of
individuals and families due to deteriorating conditions. The City of Eden Prairie provides grant funding
to Senior Community Services for chore services needed by elderly residents which allows the residents
to remain safe in their homes. The city supports workshops by tenant advocacy agency HomeLine
to help landlords and tenants both understand the respective responsibilities and to prevent
displacement.
Discussion
Eden Prairie is considered well served by broadband infrastructure with several ISP providers. City staff
did identify needs consistent with the recent request for proposals (RFP) issued by the Hennepin County
Office of Broadband and Digital Inclusion, however, namely cost-, linguistic-, and age-related
barriers. To address this, the city applied proposing to connect up to 500 families to the Affordable
Connectivity Program, a Federal Communications Commission program that can lower internet costs for
low-income households by as much as 30% percent. This resulted in a $40,000 grant for the activity,
which will focus first on the city’s three project-based properties and then additional fully or partially
affordable properties.
Eden Prairie will continue to use its resources to operate programs that maintain the existing housing
stock, create new opportunities for low-and moderate-income households, support existing programs
that remove barriers to affordable housing, build long-term affordability into market rate developments,
and participate in regional opportunities to address affordable housing issues. The city will continue its
broad policy objective of making housing affordable citywide.
Annual Action Plan
2024
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
Introduction
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the
next program year and that has not yet been reprogrammed 55,000
2. The amount of proceeds from section 108 loan guarantees that will be used during the
year to address the priority needs and specific objectives identified in the grantee's strategic
plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use
has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 55,000
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that
benefit persons of low and moderate income.Overall Benefit - A consecutive period
of one, two or three years may be used to determine that a minimum overall
benefit of 70% of CDBG funds is used to benefit persons of low and moderate
income. Specify the years covered that include this Annual Action Plan. 100.00%
Discussion
The city will use any excess program income for administration, public service programs, affordable
housing and rehabilitation projects that will benefit low-and moderate-income households. Any
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additional program income received will be used to fund an existing CDBG Program or activity and not
just the activity generating the income.
2024 CDBG Public Service Summary
Type of Funds Activity Agency 2023 Funding 2024 Request 2024 HSRC Description Clients Served 2023*
Projected Clients 2024
Public Service Emergency Housing Assistance PROP $30,000 $39,000 $35,000
Emergency financial assistance for rent/mortgage payments to prevent homelessness.
15 Households 17 Households
Public Service
Vehicle
Repair PROP $15,000 $10,000 $8,000
Vehicle repair for low-income Eden Prairie families. Pay 75% of repair
costs up to $2,000 per low/mod income household.
6
Residents
5
Residents
Public Service Childcare Subsidy PROP $4,000 $0 $0 No proposal submitted for 2024 2 Youth 0 Youth
Senior Services
Household Services for seniors
Senior Comm. Services (HOME)
$18,000 $16,200 $12,000
Provide maintenance, chore and technology services to residents 60 and older 16 Households 30 Households
TOTAL $67,000 $65,200 $55,000 Public Service funds available for 2024 - $55,000
*Clients served 6/1/2023-12/31/2023
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____ RESOLUTION APPROVING THE ALLOCATION OF FISCAL YEAR 2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and
held a public hearing on March 12, 2024, to obtain the views of citizens on the proposed use of
$280,000 in entitlement grant funding plus $55,000 in program income funds for the 2024 CDBG program year. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity and not necessarily expenses related to the activity generating the income.
BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Community Development Block Grant program and authorizes and directs the Mayor and the City Manager to execute Subrecipient and Third-Party agreements on behalf of the City.
BE IT FURTHER RESOLVED that if there is a decrease in the estimated allocation amount
and the public service cap is reached, any amount over the 15% will be deducted equally from all public
service activities. After this adjustment has been made, if there is an increase or decrease in the estimated allocation amount for the 2024 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program allocation will be increased or decreased accordingly.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to apply for 2024 Community Development Block Grant Funds and that the City Manager is authorized to execute on behalf of the City; the Application for Federal Assistance, Form SF424 submitted with
the Action Plan, the HUD Funding/Approval form and all Certifications and other documents required in connection therewith.
Public Service Activities Funding Level
PROP (Housing Support Services) $35,000 PROP (Emergency Vehicle Repair) $ 8,000
HOME (Household & Outside Maintenance for the Elderly) $12,000
Subtotal $55,000
Housing Activities Funding Level
Housing Rehabilitation Deferred Loan Program $122,000
Rehab Grants $5,000
Affordable Housing - WHAHLT $81,000
Affordable Housing – First Time Homebuyer $20,000
Fair Housing Initiative $2,000
Program Administration $50,000 Total $335,000
BE IT FURTHER RESOLVED that all unexpended prior year CDBG funds unallocated due to program income received will be used to fund the homeowner rehab program, affordable housing programs
or program administration in 2024, unless otherwise reallocated by the city council. ADOPTED by the City Council of the City of Eden Prairie this 12th day of March, 2024.
___________________________ Ronald A Case, Mayor ATTEST:
__________________________ David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: Vacation 24-01
Vacation of Utility Easements
ITEM NO.:
IX.C.
Requested Action Move to: Close the public hearing; and
Adopt the Resolution vacating part of the Utility Easements lying over, under and across Lot 1, Block 1, Burger King Eden Prairie Addition. Synopsis
The developer of Crew Carwash has requested a vacation of part of the utility easements as dedicated on Lot 1, Block 1, Burger King Eden Prairie Addition to facilitate the proposed building location. Background Information The utility easement to be vacated was originally dedicated on the plat of Burger King Eden Prairie Addition. In order to accommodate the new building for the proposed Crew Carwash development, part of the underlying utility easement will need to be vacated. New drainage and utility easements will be granted as a condition of the development. The release of the resolution
vacating said utility easements shall be conditioned on the recording of new drainage and utility easements. Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-____
VACATION OF PART OF THE UTILTY EASEMENTS LYING OVER, UNDER, AND ACROSS LOT 1, BLOCK 1, BURGER KING EDEN PRAIRIE ADDITION VACATION 24-01 WHEREAS, the City of Eden Prairie has certain utility easements described as follows:
The 20.00 feet wide easement for utility purposes dedicated on the plat of BURGER KING
EDEN PRAIRIE ADDITION, according to the recorded plat thereof, Hennepin County,
Minnesota, over, under and across Lot 1, Block 1 of said plat. The centerline of said utility easement being described as: Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of North 73
degrees 10 minutes 27 seconds West (plat bearing North 74 degrees 30 minutes 21 seconds
West), along the northerly line of said Lot 1, a distance of 73.51 feet to the point of beginning of the centerline to be described; thence South 00 degrees 55 minutes 21 seconds East (plat bearing South 02 degrees 15 minutes 15 seconds East), a distance of 260.82 feet to a point on the southerly line of said Lot 1, lying 2.91 feet westerly of a corner in said southerly line, and
said centerline there terminating.
Excepting from said easement vacation area the northerly and southerly 10.00 feet of said Lot 1.
WHEREAS, a Public Hearing was held on March 12, 2024, after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described utility easements has no relationship to the comprehensive municipal plan; and
WHEREAS, it has been determined that the said utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said utility easements as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851.
3. This Resolution is contingent upon and shall not be effective until a new drainage and utility easement document has been conveyed to the City and recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar
of Titles until the easement document has been recorded.
ADOPTED by the Eden Prairie City Council on March 12, 2024.
__________________________
Ronald A. Case, Mayor ATTEST:
_______________________
David Teigland, City Clerk
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.4EDENEden PrairieHigh SchoolCentral MiddleSchool143.G:\Engineering\Drawings\Public Works\Easements\Vacations\2024\VAC 24-01.dwg
DATE: 02/13/2024VACATION LOCATION MAPVAC 24-01SITE
VACATION 24-01
NOTICE OF VACATION OF A PART OF THE UTILITY EASEMENTS AS DEDICATED ON THE PLAT OF BURGER KING EDEN PRAIRIE ADDITION OVER LOT 1, BLOCK 1, HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on March 12, 2024 at 7:00 p.m. to hear all persons
present upon the proposed vacation of public utility easements described as follows: The 20.00 feet wide easement for utility purposes dedicated on the plat of BURGER KING EDEN PRAIRIE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, over, under and across Lot 1, Block 1 of said plat. The centerline of said utility easement being described as: Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of North 73 degrees 10 minutes 27 seconds West (plat bearing North 74 degrees 30 minutes 21 seconds West), along the northerly line of said Lot 1, a distance of 73.51 feet to the point of beginning of the centerline to be described; thence South 00 degrees 55 minutes 21 seconds East (plat bearing South 02 degrees 15 minutes 15 seconds East), a distance of 260.82 feet to a point on the southerly line of said Lot 1, lying 2.91 feet westerly of a corner in said southerly line, and said centerline there terminating.
Excepting from said easement vacation area the northerly and southerly 10.00 feet of said Lot 1. By Order of the City Council
Published in the Sun Sailor on February 22, 2024
NOTIFICATION LIST
VACATION REQUEST 24-01
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
0811622430041 1711622110016 1711622110023 1711622110024 1711622110027 1711622120043
A copy of the Public Hearing Notice has been sent to the following Utilities:
CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy
Arvig
Verizon / Mi-Tech (for MCI) Terra Technologies, LLC (for Zayo)
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
March 12, 2024
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 307170 - 307616
Wire Transfers 1035454 – 1035576 Wire Transfers 10223 - 10268
PCard 10263
City of Eden Prairie
Council Check Summary
3/12/2024
Division Amount Division Amount
100 City Manager 30,475 304 Senior Board 42
101 Legislative 2,129 308 E-911 309
102 Legal Counsel 44,086 309 DWI Forfeiture 420
110 City Clerk 1,390 315 Economic Development 4,531
111 Customer Service 3,292 445 Cable PEG 13,453
112 Human Resources 1,163 502 Park Development 10,812
113 Communications 6,745 509 CIP Fund 97,871
114 Benefits & Training 9,476 513 CIP Pavement Management 26,063
130 Assessing 1,395 526 Transportation Fund 24,524
131 Finance 9,997 528 Shady Oak Rd-CR 61 North 3,185
132 Housing and Community Services 4,583 539 2020 Improvement Projects 139,485
133 Planning 2,102 804 100 Year History 1,021
136 Public Safety Communications 8,563 Total Capital Projects Fund 321,714
137 Economic Development 743
138 Community Development Admin.350 601 Prairie Village Liquor 137,790
151 Park Maintenance 32,582 602 Den Road Liquor 271,241
153 Organized Athletics 438 603 Prairie View Liquor 168,944
154 Community Center 22,786 605 Den Road Building 1,931
156 Youth Programs 1,884 701 Water Enterprise Fund 168,527
158 Senior Center 4,766 702 Wastewater Enterprise Fund 829
160 Therapeutic Recreation 634 703 Stormwater Enterprise Fund 30,611
162 Arts 1,353 Total Enterprise Fund 779,873
168 Arts Center 891
180 Police Sworn 76,808 802 494 Commuter Services 45,005
182 Police Civilian 575 807 Benefits Fund 1,213,635
184 Fire 39,983 809 Investment Fund 5,171
186 Inspections 2,005 812 Fleet Internal Service 132,717
200 Engineering 5,002 813 IT Internal Service 278,419
201 Street Maintenance 38,458 814 Facilities Capital ISF 9,678
202 Street Lighting 289 815 Facilites Operating ISF 57,430
Total General Fund 354,943 816 Facilites City Center ISF 38,613
817 Facilites Comm. Center ISF 69,788
301 CDBG 888 818 Dental Insurance 17,092
303 Cemetary Operation 2,650 Total Internal Svc/Agency Funds 1,867,548
Total Special Revenue Fund 3,538
Report Total 3,327,618
City of Eden PrairieCouncil Check Register by GL
3/12/2024
Check #Amount Supplier / Explanation Account Description Business Unit Comments
10227 307,449 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 02.09.24
10266 306,967 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 02.23.24
10264 226,276 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 02.09.24
10225 221,296 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 01.26.24
307467 213,751 TYLER TECHNOLOGIES INC Software Maintenance IT Operating New World Software Maint 2024
307587 129,600 NM SOPA LLC Right of Way & Easement 2020 Improvement Projects Easement W 70th Improvements
10224 120,305 MINNESOTA DEPT OF REVENUE Due to Other Governments Various Funds Salex Tax Jan 2024
10263 85,898 USB-PURCHASING CARD Various Various Funds
1035533 72,624 SRF CONSULTING GROUP INC Design & Engineering Stormwater Capital
1035489 49,830 STREICHERS Clothing & Uniforms Police Sworn
1035526 44,524 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal
307279 41,977 PALADIN TECHNOLOGIES Equipment Repair & Maint Capital Maint. & Reinvestment
10268 36,877 EMPOWER Deferred Compensation Health and Benefits
10229 36,352 EMPOWER Deferred Compensation Health and Benefits
1035562 36,012 CENTERPOINT ENERGY Gas Various Funds
307295 36,001 SHERMCO INDUSTRIES INC Equipment Repair & Maint Water Treatment
1035563 29,317 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
307554 27,034 CARGILL INC Salt Snow & Ice Control
307420 22,660 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police
307261 20,264 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
307311 19,930 XIGENT SOLUTIONS LLC Software Maintenance IT Operating
307236 19,506 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating
10267 19,396 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
10228 19,117 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
10246 18,973 WEX HSA - Employee Health and Benefits
307391 18,176 AXON ENTERPRISE INC Capital Under $25,000 Police Sworn
307268 17,971 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
1035520 17,816 CENTERPOINT ENERGY Gas Various Funds
307462 17,242 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Capital
307283 16,698 PRAIRIEVIEW RETAIL LLC Amortization Leases Prairie View Liquor Store
307508 16,371 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
307256 16,342 GRI EDEN PRAIRIE, LLC Amortization Leases Prairie Village Liquor Store
307203 16,195 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
10231 16,086 PAYCHEX Wages and Benefits 494 Corridor Commission
307337 16,009 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1035567 15,630 HAWKINS INC Treatment Chemicals Water Treatment
307254 15,170 GRAYMONT Treatment Chemicals Water Treatment
307571 14,684 GRAYMONT Treatment Chemicals Water Treatment
307195 13,791 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
307616 13,750 VIDEOTRONIX INC Equipment Repair & Maint Facilities Staff
307513 13,712 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1035550 13,453 AVI SYSTEMS INC Equipment Repair & Maint Cable PEG
307565 13,267 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Various Funds
307528 12,835 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
307345 12,055 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments30747012,019 VERTEX UNMANNED SOLUTIONS Capital Under $25,000 Police Sworn
1035488 11,618 ST CROIX ENVIRONMENTAL INC Design & Engineering Water Supply (Wells)
307500 11,401 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1035531 11,255 NOVOTX LLC Software Maintenance IT Operating
307309 10,541 VERIZON WIRELESS Other Contracted Services IT Operating
307355 10,452 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
307238 10,000 BERGANKDV LTD Audit & Financial Finance
307359 9,570 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
307487 9,403 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
307221 9,061 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
307257 8,936 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
307209 8,741 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1035575 8,623 STREICHERS Capital Under $25,000 Capital Maint. & Reinvestment
307614 8,614 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital
307286 8,401 SCHERER BROTHERS LUMBER CO Building Materials Capital Outlay Parks
307215 8,340 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
307601 8,236 STANTEC CONSULTING SERVICES INC Other Contracted Services Capital Maint. & Reinvestment
1035560 8,201 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
10234 8,081 HEALTHPARTNERS Dental Insurance Dental Insurance
307522 7,905 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
307339 7,884 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
307612 7,640 WEBBER RECREATIONAL DESIGN INC Chemicals Park Maintenance
307418 7,577 GRAYMONT Treatment Chemicals Water Treatment
307501 7,106 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
307369 6,948 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
307543 6,947 APPLE COLLISION & GLASS Equipment Repair & Maint Fleet Operating
1035477 6,830 CENTERPOINT ENERGY Gas Various Funds
307320 6,743 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
307549 6,675 BARTLEY SALES COMPANY INC Building Materials Park Acquisition & Development
307196 6,554 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
307502 6,536 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
307456 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
307207 6,331 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
307297 6,250 SOJOURNER PROJECT INC.Other Contracted Services Police Sworn
307183 6,238 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
307499 6,025 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
307176 5,999 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
307401 5,967 CITYGATE ASSOCIATES LLC Other Contracted Services Capital Maint. & Reinvestment
307482 5,908 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1035486 5,838 METRO SALES INCORPORATED*Copier/Printer/Fax IT Operating
307226 5,787 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
307197 5,624 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
307338 5,520 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
307455 5,437 PUMP AND METER SERVICE Capital Under $25,000 Fleet Operating
307483 5,414 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
307511 5,379 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
307188 5,360 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1035528 5,293 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
307310 5,226 WM CORPORATE SERVICES INC Waste Disposal Various Funds
Check #Amount Supplier / Explanation Account Description Business Unit Comments3072815,171 PFM ASSET MANAGEMENT LLC Interest Investment Fund
307532 5,093 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
307388 4,919 APPLE FORD SHAKOPEE Equipment Repair & Maint Fleet Operating
1035574 4,900 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
1035537 4,896 XCEL ENERGY Electric Various Funds
1035568 4,716 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
1035502 4,687 BRAUN INTERTEC CORPORATION Design & Engineering CIP Pavement Management
10230 4,599 U.S. BANK - I-494 PURCH. CARD Various 494 Corridor Commission
10255 4,568 HEALTHPARTNERS Dental Insurance Dental Insurance
307493 4,545 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
307375 4,524 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
307230 4,500 ACROSS THE STREET PRODUCTIONS Training Fire
307260 4,446 HOME DEPOT CREDIT SERVICES Various Various Funds
10245 4,443 HEALTHPARTNERS Dental Insurance Dental Insurance
307469 4,291 VAN PAPER COMPANY Cleaning Supplies General Community Center
307484 4,225 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
307430 4,137 ISG Other Contracted Services Park Acquisition & Development
307422 4,060 H & L MESABI Equipment Parts Fleet Operating
1035464 4,040 FLEETPRIDE INC Software Fleet Operating
307582 4,000 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
307217 3,992 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
307193 3,987 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
307531 3,947 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
307575 3,827 HOME DEPOT CREDIT SERVICES Various Various Funds
307550 3,628 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating
1035490 3,551 XCEL ENERGY Electric Various Funds
307568 3,547 FIRE SAFETY USA INC Small Tools Fleet Operating
307520 3,470 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
307574 3,425 HENNEPIN HEALTHCARE Tuition Reimbursement/School Police Sworn
307546 3,357 APWA Dues & Subscriptions Fleet Operating
307538 3,331 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM
307216 3,272 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
307224 3,233 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
307360 3,209 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
307343 3,111 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
307492 3,110 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1035569 2,982 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
1035555 2,878 HACH COMPANY Laboratory Chemicals Water Treatment
307306 2,850 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Transportation Fund
307437 2,800 MARTIN-MCALLISTER Employment Support Test Organizational Services
307177 2,784 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
307361 2,773 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
307408 2,762 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating
307206 2,749 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
307266 2,746 LAWBURNER Dues & Subscriptions Police Sworn
307380 2,745 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Fleet Operating
307374 2,707 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
307480 2,684 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
307558 2,676 CORRECTIVE ASPHALT MATERIALS LLC Seal Coating Street Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments3072132,618 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1035487 2,580 PRAIRIE ELECTRIC COMPANY Supplies - Electrical Pool Maintenance
1035461 2,565 CLAREY'S SAFETY EQUIPMENT Safety Supplies Police Sworn
1035522 2,564 DLT SOLUTIONS INC.Software Maintenance IT Operating
307423 2,554 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
307590 2,550 ONSITE MEDICAL SERVICE INC Employment Support Test Organizational Services
307386 2,505 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police Sworn
307248 2,500 EDEN PRAIRIE SCHOOL Other Contracted Services Housing and Community Service
10252 2,476 WEX FSA - Medical Health and Benefits
307201 2,472 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
307243 2,458 CORE & MAIN Repair & Maint. Supplies Utility Operations - General
1035481 2,416 GARTNER REFRIGERATION & MFG INC Repair & Maint - Ice Rink Ice Arena Maintenance
1035497 2,378 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
307523 2,371 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
307397 2,309 CAMFIL USA INC Supplies - HVAC General Community Center
307280 2,307 PERA Wages and Benefits 494 Corridor Commission
307592 2,307 PERA Wages and Benefits 494 Corridor Commission
307251 2,300 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Various Funds
1035474 2,277 ANCHOR PAPER COMPANY Office Supplies Customer Service
307255 2,272 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
307314 2,270 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
307351 2,268 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
307572 2,242 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
307303 2,180 TAHO SPORTSWEAR INC Clothing & Uniforms Facilities Staff
307559 2,174 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
307330 2,148 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1035505 2,109 FASTENAL COMPANY Safety Supplies Capital Outlay Parks
307410 2,100 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery
307269 2,085 MARS SUPPLY Operating Supplies Fleet Operating
307315 2,053 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
307439 2,022 MDEWAKANTON PUBLIC SAFETY Other Contracted Services Tree Removal
307561 1,960 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
10265 1,940 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
307187 1,917 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
307605 1,916 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
307506 1,911 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
307208 1,875 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
307425 1,857 HINTERLAND CSG LLC Electric Facilities Operating ISF
1035566 1,853 GRAINGER Supplies - HVAC Maintenance Facility
307212 1,848 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
307220 1,802 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
307428 1,785 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
307318 1,781 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
307174 1,773 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
307186 1,747 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
307524 1,746 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
307504 1,740 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
307600 1,670 STANDARD SPRING PARTS Equipment Parts Fleet Operating
307464 1,663 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
Check #Amount Supplier / Explanation Account Description Business Unit Comments3074401,645 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
307594 1,634 REIKI WITH BAILEE LLC Other Contracted Services Specialty Fitness Programs
307562 1,620 EARL F ANDERSEN INC Signs Traffic Signs
307298 1,616 SSI KEF SLB LLC Electric City Center - CAM
307302 1,600 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Stormwater Collection
307228 1,596 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
307432 1,552 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Maintenance Facility
1035571 1,551 METRO SALES INCORPORATED*Equipment Rentals IT Operating
307357 1,545 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
307596 1,544 SAFETY SIGNS Equipment Repair & Maint Water Distribution
1035510 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
307460 1,497 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
10226 1,493 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
10254 1,486 WEX FSA - Medical Health and Benefits
307181 1,465 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
307191 1,455 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1035473 1,425 XTREME INTEGRATION Capital Under $25,000 Police (City Cost)
307474 1,415 YORKTOWN OFFICES Rent 494 Corridor Commission
307270 1,408 MEDICINE LAKE TOURS Special Event Fees Trips
10261 1,394 WEX FSA - Medical Health and Benefits
307567 1,373 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution
307448 1,345 ORIGINAL WATERMEN INC Clothing & Uniforms Pool Lessons
307604 1,345 SUREFITTERS Equipment Repair & Maint Fleet Operating
307342 1,338 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
307348 1,337 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
307413 1,334 EARL F ANDERSEN INC Signs Park Maintenance
307383 1,334 AIRGAS USA LLC Supplies - Pool Fire
1035476 1,334 CDW GOVERNMENT INC.Operating Supplies IT Operating
307452 1,325 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
307393 1,320 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
307308 1,309 VAN PAPER COMPANY Cleaning Supplies General Community Center
307223 1,287 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
307525 1,262 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
307365 1,254 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1035530 1,232 MULCAHY COMPANY INC Repair & Maint - Ice Rink Ice Arena Maintenance
307485 1,216 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
307436 1,215 MACQUEEN EQUIPMENT INC Protective Clothing Fire
307335 1,214 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
307385 1,208 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost)
307275 1,191 MOTION INDUSTRIES INC.Repair & Maint - Ice Rink Ice Arena Maintenance
1035478 1,153 DLT SOLUTIONS INC.Conference/Training Engineering
10257 1,120 WEX FSA - Medical Health and Benefits
307264 1,119 K2 SPORTS LLC Operating Supplies Outreach
1035500 1,101 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
307424 1,100 HENNEPIN HEALTHCARE Tuition Reimbursement/School Police Sworn
307579 1,100 LIFE SUPPORT INNOVATIONS Conference/Training Utility Operations - General
1035540 1,093 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1035561 1,086 BIFFS INC Waste Disposal Park Maintenance
307415 1,077 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments3073401,071 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1035493 1,055 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
307367 1,055 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
307350 1,034 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1035472 1,019 WSB & ASSOCIATES INC Other Contracted Services Historical Culture
1035549 1,016 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
307327 1,014 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
307344 1,006 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1035485 1,004 METRO ELEVATOR INC Building Repair & Maint.Maintenance Facility
1035523 984 ECM PUBLISHERS INC Advertising Community Center Admin
1035570 977 MENARDS Small Tools Fire
307316 968 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1035543 968 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
307362 964 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
307382 956 AFFORDABLE BEST CATERING Special Event Fees Senior Center Programs
1035484 939 MENARDS Operating Supplies Utility Operations - General
10256 934 WEX Other Contracted Services Health and Benefits
307300 928 SSI KEF SLB LLC Electric Water Treatment
307517 923 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
307364 919 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
10250 909 WEX FSA - Medical Health and Benefits
1035525 900 GRAINGER Small Tools General Community Center
307384 895 ALLIED MEDICAL TRAINING Tuition Reimbursement/School Volunteers
307419 888 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
307465 881 THE ADVENT GROUP Temp 494 Corridor Commission
307573 870 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
307551 866 BMI GENERAL LICENSING Licenses, Taxes, Fees Arts
307589 859 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating
307392 850 BATTERIES PLUS BULBS Repair & Maint. Supplies Fire
307249 836 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
307267 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn
307609 823 VAN PAPER COMPANY Cleaning Supplies General Community Center
307313 821 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
10236 804 WEX FSA - Medical Health and Benefits
1035459 796 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
307475 795 ZOHO CORP Software Maintenance IT Operating
307258 792 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
307370 772 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
307606 759 THE ADVENT GROUP Temp 494 Corridor Commission
1035529 758 MENARDS Repair & Maint. Supplies Prairie View Liquor Store
307434 755 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn
10242 753 WEX FSA - Medical Health and Benefits
1035465 735 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
307607 726 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
307252 723 FASTSIGNS Lubricants & Additives Fire
307326 722 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
10248 721 WEX FSA - Medical Health and Benefits
1035548 720 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
307588 710 NORTHERN TOOL Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments10235705WEXFSA - Medical Health and Benefits
307453 697 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
307539 693 ACME TOOLS Repair & Maint. Supplies Utility Operations - General
307540 691 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
1035454 686 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
10243 680 WEX FSA - Medical Health and Benefits
307198 678 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
307529 677 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
307259 675 HENNEPIN COUNTY LEAD ABATEMENT Other Contracted Services CDBG - Public Service
1035534 673 STREICHERS Clothing & Uniforms Police Sworn
1035480 663 FORCE AMERICA Equipment Parts Fleet Operating
1035475 661 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
307312 655 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
307304 648 THE ADVENT GROUP Temp 494 Corridor Commission
1035455 646 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
307488 639 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
307349 638 MEGA BEER Liquor Product Received Den Road Liquor Store
307242 634 CINTAS CORPORATION Safety Supplies Community Center Admin
307542 622 AMERICAN PRESSURE INC Equipment Repair & Maint Water Treatment
1035482 610 GRAINGER Repair & Maint. Supplies General Community Center
307237 610 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
1035463 607 FASTENAL COMPANY Repair & Maint. Supplies Park Maintenance
307358 605 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
307510 600 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1035501 594 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
307577 591 INDIGITAL INC Contract Svcs - General Bldg City Hall (City Cost)
1035512 588 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
307381 587 ACME TOOLS Repair & Maint. Supplies Utility Operations - General
307396 578 BRO-TEX INC Operating Supplies Fleet Operating
307563 578 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs
1035552 576 EICHMAN NATHAN Canine Supplies Police Sworn
307395 575 BRICK & BOURBON False Alarm Fees Police Civilian
1035565 572 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating
307476 570 SCHLOSSMACHER, JIM Deposits General Fund
10223 567 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1035509 564 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
307301 556 STAPLES ADVANTAGE Conference/Training Utility Operations - General
307352 555 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
307184 551 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
307272 550 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions Police Sworn
307560 550 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
1035576 545 WALL TRENDS INC Contract Svcs - General Bldg City Hall (City Cost)
1035558 543 THE OASIS GROUP Employee Assistance Organizational Services
307377 542 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
307597 532 SCHERER BROTHERS LUMBER CO Building Materials Capital Outlay Parks
307431 526 J H LARSON COMPANY Supplies - Electrical City Center - CAM
307323 526 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
307202 525 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
307516 525 WILD MIND ALES LLC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments307333521WINEBOWLiquor Product Received Prairie Village Liquor Store
307433 518 LANO EQUIPMENT INC Equipment Parts Fleet Operating
307373 516 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
307299 513 SSI KEF SLB LLC Electric Maintenance Facility
307580 510 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections
1035494 506 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
307555 489 CENTURYLINK Telephone IT Operating
307387 488 APPLE CHRYSLER DODGE JEEP Equipment Repair & Maint Fleet Operating
307477 486 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Garden Room Repairs
1035535 477 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
1035458 475 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
307509 471 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
307336 471 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
307244 471 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating
1035483 469 JANEX INC Cleaning Supplies Park Shelters
1035496 469 VINOCOPIA Liquor Product Received Den Road Liquor Store
10262 468 WEX FSA - Medical Health and Benefits
307231 465 AIRGAS USA LLC Supplies - Pool Pool Maintenance
307585 464 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
307426 455 IEDC Dues & Subscriptions Economic Development
307548 450 ASPEN MILLS Clothing & Uniforms Fire
307178 444 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1035499 442 VINOCOPIA Liquor Product Received Prairie View Liquor Store
307205 438 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
307608 437 US STANDARD PRODUCTS CORP Repair & Maint. Supplies Wasterwater Collection
307233 435 ASPEN MILLS Clothing & Uniforms Police Sworn
307450 435 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Building 51
1035515 435 STREIFF, CHAD Travel Expense Police Sworn
10241 434 WEX FSA - Medical Health and Benefits
307179 432 FAT PANTS BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
307288 425 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating
307289 425 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating
307290 425 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating
307291 425 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating
307293 425 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating
307294 425 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating
1035542 424 VINOCOPIA Liquor Product Received Den Road Liquor Store
1035517 419 VIK, LISA Travel Expense Police Sworn
1035553 415 FASTENAL COMPANY Building Materials Capital Outlay Parks
307204 414 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
307324 407 MEGA BEER Liquor Product Received Prairie Village Liquor Store
10247 407 WEX FSA - Medical Health and Benefits
307287 404 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating
307234 401 ASSURED SECURITY Equipment Repair & Maint Water Treatment
1035544 400 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
307545 399 APPLIANCE OUTLET CENTER Supplies - General Bldg Maintenance Facility
307449 398 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
307491 397 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
307530 396 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments307253395FIRE SAFETY USA INC Equipment Parts Fleet Operating
307332 394 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
307519 389 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
307247 389 EDEN PRAIRIE CENTER LLC Building Rental Police
1035457 384 VINOCOPIA Liquor Product Received Den Road Liquor Store
10253 372 WEX FSA - Medical Health and Benefits
1035554 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service
1035507 368 GUNNAR ELECTRIC CO INC Equipment Repair & Maint Traffic Signals
1035539 368 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
307441 362 MGX EQUIPMENT SERVICES LLC Equipment Parts Fleet Operating
1035545 362 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1035492 360 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
307611 358 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution
307250 350 EPAM ROTARY FOUNDATION Miscellaneous Sustainable Eden Prairie
307535 350 WILD MIND ALES LLC Liquor Product Received Prairie View Liquor Store
307200 346 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store
307322 345 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
307317 342 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1035498 342 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
307222 333 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
307583 332 MHSRC/DDP Other Contracted Services Senior Center Programs
307218 330 DOMACE VINO Liquor Product Received Prairie View Liquor Store
307498 330 56 BREWING LLC Liquor Product Received Den Road Liquor Store
307461 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire
307599 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire
1035521 325 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution
307490 323 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1035506 320 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
10260 319 WEX FSA - Medical Health and Benefits
307552 318 BOUND TREE MEDICAL LLC EMS Supplies Fire
1035572 316 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
1035524 316 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
307416 315 FASTSIGNS Operating Supplies Fire
307371 315 MEGA BEER Liquor Product Received Prairie View Liquor Store
307321 312 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store
307496 312 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
307239 312 BIG STATE INDUSTRIAL SUPPLY INC Clothing & Uniforms Wasterwater Collection
307185 311 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
10240 301 US BANK - PAYMODE Bank and Service Charges Finance
307285 300 RABBIT RESCUE OF MN Other Contracted Services Fitness Classes
307429 300 IRON MALTESE ATHLETICS Health & Fitness Fire
307507 300 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
307581 300 MACQUEEN EQUIPMENT INC Small Tools Fire
307454 296 PROP - PR Charitable Contributions Health and Benefits
1035508 295 INTOXIMETERS Miscellaneous DWI Forfeiture
307378 293 WINEBOW Liquor Product Received Prairie View Liquor Store
307547 292 ARAMARK Janitor Service Prairie View Liquor Store
307346 286 LIBATION PROJECT Liquor Product Received Den Road Liquor Store
307602 285 STAPLES ADVANTAGE Office Supplies Utility Operations - General
Check #Amount Supplier / Explanation Account Description Business Unit Comments307319281INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
307481 279 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
1035532 279 PREMIUM WATERS INC Operating Supplies - Water Fire
307347 276 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
307495 275 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1035479 257 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
307245 256 DELTA DENTAL Wages and Benefits 494 Corridor Commission
307292 255 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating
307471 254 WM CORPORATE SERVICES INC Waste Disposal Fleet Operating
1035551 249 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General
307457 246 RUFFRIDGE JOHNSON EQUIPMENT CO INC Equipment Parts Fleet Operating
307246 245 DIRECTV Cable TV Community Center Admin
10244 245 VANCO SERVICES Bank and Service Charges Various Funds
307334 240 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1035491 231 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
307463 230 STAPLES ADVANTAGE Office Supplies Customer Service
307284 230 PUMP AND METER SERVICE Equipment Repair & Maint Fleet Operating
10237 228 WEX FSA - Medical Health and Benefits
307466 225 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
307263 225 JESSEN PRESS, INC Fire Prev Supp-Pub Ed/PR Fire
307329 223 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store
307368 222 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store
307353 219 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
1035503 218 CARLSTON, BRANDON Clothing & Uniforms Police Sworn
307468 216 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball
307328 214 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1035516 209 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
1035518 209 WENANDE BRANDON Clothing & Uniforms Police Sworn
1035469 207 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
307417 205 FIRE SAFETY USA INC Equipment Parts Fleet Operating
307489 204 MILK AND HONEY CIDERS Liquor Product Received Prairie Village Liquor Store
307435 203 LIBERTY TIRE SERVICES LLC Waste Disposal Fleet Operating
307407 201 COREMARK METALS Equipment Parts Fleet Operating
307372 200 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
307570 200 GAS TANK RENU OF MINNESOTA Equipment Repair & Maint Fleet Operating
307526 199 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
10239 196 OPTUM HEALTH Other Contracted Services Health and Benefits
307211 196 VIP WINE & SPIRITS LTD Liquor Product Received Den Road Liquor Store
307265 196 LANO EQUIPMENT INC Equipment Parts Fleet Operating
307486 195 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
307232 195 ARAMARK Janitor Service Prairie View Liquor Store
1035504 194 CONCRETE CUTTING AND CORING Equipment Repair & Maint Wasterwater Collection
307518 191 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
307225 188 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
307443 186 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
307497 185 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
307403 180 COMCAST Cable TV Fire
307182 179 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store
1035573 177 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical General Community Center
Check #Amount Supplier / Explanation Account Description Business Unit Comments1035460177SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
10249 177 WEX FSA - Medical Health and Benefits
307172 175 VIDALES JAVIER SOLIS Deposits General Fund
307537 170 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
307503 168 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store
307325 165 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
307494 165 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
307514 165 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1035564 164 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
10233 163 WEX FSA - Medical Health and Benefits
307553 158 CAMFIL USA INC Supplies - HVAC General Community Center
307389 157 ARAMARK Janitor Service Den Road Liquor Store
307331 156 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
307199 152 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
307505 152 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
307278 152 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center
307615 150 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
307427 150 INDIGO SIGNWORKS, INC.Operating Supplies Skating Rinks/Warming Houses
1035536 150 USA SECURITY Maintenance Contracts Water Treatment
1035471 148 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Capital Outlay Parks
307305 147 TIMM AUSTIN Clothing & Uniforms Fire
307175 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
307190 140 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
307194 140 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
307210 140 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
307214 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
307227 140 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
307447 140 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration
307442 136 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
307341 135 DOMACE VINO Liquor Product Received Den Road Liquor Store
307512 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
307399 135 CENTURYLINK Internet IT Operating
307282 135 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance
307229 132 ACE SUPPLY COMPANY INC Building Repair & Maint.Utility Operations - General
1035547 131 VINOCOPIA Liquor Product Received Prairie View Liquor Store
307527 129 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
307180 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
307262 125 HUNT MARGARET Tuition Reimbursement/School Fitness Classes
307277 125 MURPHY KATIE Tuition Reimbursement/School Fitness Classes
307411 125 DATA PRACTICES OFFICE Conference/Training City Clerk
307472 125 WOOD BRENDA Other Contracted Services Senior Center Programs
307541 125 ALLENS SERVICE Miscellaneous DWI Forfeiture
307363 123 DOMACE VINO Liquor Product Received Prairie View Liquor Store
10258 123 WEX FSA - Medical Health and Benefits
307534 120 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
307354 117 SMALL LOT MN Liquor Product Received Den Road Liquor Store
307536 113 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1035527 108 HD SUPPLY FACILITIES MAINTENANCE Supplies - General Bldg City Hall (City Cost)
307569 108 FREEZIAC Merchandise for Resale Concessions
Check #Amount Supplier / Explanation Account Description Business Unit Comments1035495107SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
307479 106 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
307356 105 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
307421 105 GUARDIAN PROPERTY MANAGEMENT Rental License Housing Inspections
307533 105 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
307189 104 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
307544 104 APPLE FORD SHAKOPEE Equipment Parts Fleet Operating
307402 103 COMCAST Cable TV Fire
307515 101 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
307412 100 DOHENY KEVIN Operating Supplies Winter Theatre
307459 99 SHRED RIGHT Waste Disposal Various Funds
307379 99 A TO Z RENTAL CENTER Repair & Maint. Supplies Utility Operations - General
1035541 99 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
307271 98 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
307376 97 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1035456 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
307192 90 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
307400 90 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits
307240 90 CENTURYLINK Telephone IT Operating
307521 87 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store
307219 86 FAT PANTS BREWING CO LLC Liquor Product Received Prairie View Liquor Store
307366 84 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
307557 84 COMCAST Cable TV Fire
1035538 80 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
307409 80 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
307170 78 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund
307171 78 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund
307438 75 MARWAH AMRUTA Awards Housing and Community Service
307445 75 NANDAKUMAR SHRIYA Awards Housing and Community Service
307458 75 SEARS DEMERY JENNA Awards Housing and Community Service
10238 71 MONEY MOVERS INC Other Contracted Services Community Center Admin
1035513 70 ROCKEY, JOSH Mileage & Parking Senior Center Admin
307603 70 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
307404 68 COMCAST Cable TV Fire
1035559 66 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
307595 60 RICHFIELD PRINTING INC Office Supplies Customer Service
1035468 60 MPX GROUP, THE Printing Police Sworn
307296 55 SHRED RIGHT Waste Disposal City Hall (City Cost)
307591 54 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs
1035519 52 CAWLEY COMPANY, THE Clothing & Uniforms Prairie View Liquor Store
307406 51 COMCAST Internet IT Operating
307444 50 NANAVATI HEMALATHA Awards Housing and Community Service
307451 50 PRAGASH VISWANATHAN DHAVA Awards Housing and Community Service
307473 50 WU LINDSEY Awards Housing and Community Service
307566 50 FBI - LEEDA Dues & Subscriptions Police Sworn
307610 50 VERIZON WIRELESS - VSAT Other Contracted Services Police Sworn
10259 49 WEX FSA - Medical Health and Benefits
307556 47 COMCAST Other Contracted Services Police Sworn
307414 46 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments30739446BOUND TREE MEDICAL LLC EMS Supplies Fire
1035546 45 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1035462 41 CONCRETE CUTTING AND CORING Operating Supplies Tree Disease
307576 40 HUNT MARGARET Tuition Reimbursement/School Fitness Classes
1035467 38 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
307584 37 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
307390 36 ASPEN MILLS Postage Fire
307598 36 SHRED RIGHT Waste Disposal City Hall (City Cost)
1035466 36 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
1035557 34 RAHIMI, RENEE Tuition Reimbursement/School Fitness Classes
10251 33 WEX FSA - Medical Health and Benefits
307273 32 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
307593 30 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Police Sworn
307586 27 MOTION INDUSTRIES INC.Supplies - HVAC City Center - CAM
307613 26 WINSUPPLY EDEN PRAIRIE MN CO Building Repair & Maint.Round Lake
307276 24 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn
307578 24 JW PEPPER & SON INC Operating Supplies Community Band
1035470 21 SPOK, INC.Cell/Pager Plans IT Operating
10232 21 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
307241 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
307446 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
307274 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
307564 14 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
307478 11 PETTY CASH Special Event Fees Trips
1035511 10 QUALITY PROPANE Motor Fuels Fleet Operating
307235 6 BATTERIES PLUS BULBS Operating Supplies Prairie View Liquor Store
307307 5 TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission
307405 4 COMCAST Other Contracted Services Police Sworn
1035556 4 METROPOLITAN FORD Equipment Parts Fleet Operating
307398 1 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF3,327,618 Grand Total
City of Eden PrairiePurchasing Card Payment Report
3/12/2024
Amount Account Description Business Unit
7,038 Training Supplies Police Sworn
3,650 Tuition Reimbursement/School Police Sworn
3,281 Plumbing Surcharge General Fund
3,185 Small Tools Fire
2,760 Health & Fitness Fire
2,475 Software/Hardware Maint.IT Operating
1,431 Small Tools Park Maintenance
1,317 Operating Supplies Housing and Community Service
1,267 Operating Supplies Pool Operations
1,124 Video & Photo Supplies Fire
1,111 Other Assets Public Safety Communications
1,073 Operating Supplies Fire
1,050 Conference/Training Assessing
944 Training Supplies Fire
914 Bank and Service Charges Prairie View Liquor Store
898 Capital Under $25,000 Snow & Ice Control
825 Conference/Training Planning
820 Conference/Training Planning
807 Safety Supplies Emergency Management
795 Tuition Reimbursement/School Police Sworn
775 Tuition Reimbursement/School Police Sworn
759 Operating Supplies Police Sworn
690 Operating Supplies Police Sworn
668 Operating Supplies Pool Operations
616 Conference/Training Park Maintenance
605 Deposits General Fund
599 Licenses, Taxes, Fees Fitness Classes
595 Dues & Sub-Memberships Finance
583 Travel Expense City Council
567 Other Rentals Ice Show
566 Tuition Reimbursement/School Police Sworn
557 Telephone IT Operating
552 Building Repair & Maint.Utility Operations - General
540 Conference/Training Inspections-Administration
525 Dues & Sub-Memberships Inspections-Administration
520 Dues & Sub-Memberships Engineering
520 Dues & Sub-Memberships Engineering
520 Dues & Sub-Memberships Engineering
518 Repair & Maint. Supplies Utility Operations - General
505 Equipment Repair & Maint Public Safety Communications
500 Other Contracted Services Senior Center
498 Operating Supplies Fitness Classes
488 Other Assets Public Safety Communications
468 Operating Supplies Fire
456 Operating Supplies Fire
Amount Account Description Business Unit434Conference/Training Human Resources
434 Conference/Training Human Resources
408 Conference/Training Utility Operations - General
407 Other Assets Public Safety Communications
406 Equipment Repair & Maint Park Maintenance
405 Safety Supplies Fleet Operating
405 Operating Supplies Ice Operations
399 Repair & Maint. Supplies Park Shelters
399 Other Contracted Services Liquor Store Delivery
395 Conference/Training Housing and Community Service
395 Conference/Training Community Center Admin
393 Conference/Training Planning
390 Computers IT Operating
390 Conference/Training Utility Operations - General
386 Travel Expense City Council
386 Travel Expense City Council
380 Dues & Sub-Memberships Inspections-Administration
375 Tuition Reimbursement/School Police Sworn
373 Operating Supplies Fire
373 Merchandise for Resale Concessions
365 Tuition Reimbursement/School Police Sworn
363 Merchandise for Resale Concessions
360 Canine Supplies Police Sworn
354 Repair & Maint. Supplies General Community Center
350 Conference/Training Community Development Admin.
346 Small Tools Fleet Operating
345 Conference/Training Assessing
341 Repair & Maint. Supplies Utility Operations - General
335 Conference/Training Street Maintenance
325 Conference/Training Utility Operations - General
301 Operating Supplies New Adaptive
300 Operating Supplies New Adaptive
295 Clothing & Uniforms Theatre Initiative
284 Chemicals Street Maintenance
280 Tuition Reimbursement/School Police Sworn
277 Miscellaneous City Council
275 Conference/Training Utility Operations - General
275 Conference/Training Utility Operations - General
255 Merchandise for Resale Concessions
255 Operating Supplies Fire
251 Merchandise for Resale Concessions
251 Operating Supplies Pool Operations
251 Miscellaneous City Council
250 Conference/Training Stormwater Non-Capital
250 Conference/Training Finance
250 Tuition Reimbursement/School Police Sworn
250 Dues & Sub-Memberships Facilities Staff
245 Miscellaneous Communications
244 Repair & Maint. Supplies Park Maintenance
Amount Account Description Business Unit237Operating Supplies Day Care
229 Operating Supplies Fire
225 Conference/Training Street Maintenance
221 Conference/Training Park Maintenance
220 Conference/Training Park Maintenance
220 Conference/Training Park Maintenance
217 Operating Supplies Fire
216 Small Tools Park Maintenance
216 Office Supplies Police Sworn
211 Repair & Maint. Supplies Fire Station #4
210 Conference/Training Inspections-Administration
210 Conference/Training Inspections-Administration
200 Conference/Training Human Resources
200 Office Supplies Police Sworn
198 Miscellaneous Police Sworn
194 Operating Supplies Day Care
193 Dues & Sub-Memberships Fire
191 Operating Supplies Youth Programs Admin
190 Dues & Sub-Memberships Police Sworn
190 Licenses, Taxes, Fees Pool Lessons
189 Operating Supplies Community Center Admin
189 Operating Supplies Police Sworn
188 Operating Supplies Youth Programs Admin
185 Operating Supplies Senior Center Programs
183 Merchandise for Resale Concessions
182 Process Control Equipment IT Operating
175 Licenses, Taxes, Fees Senior Center Admin
175 Conference/Training Park Maintenance
167 Operating Supplies IT Operating
164 Operating Supplies Community Center Admin
159 Repair & Maint. Supplies Utility Operations - General
159 Conference/Training Senior Center Admin
159 Tuition Reimbursement/School Police Sworn
158 Equipment Repair & Maint Senior Center Programs
158 Repair & Maint. Supplies City Hall (City Cost)
150 Other Contracted Services Fitness Classes
150 Tuition Reimbursement/School Police Sworn
150 Awards Volleyball
150 Operating Supplies Volunteers
149 Merchandise for Resale Concessions
145 Employment Advertising Organizational Services
139 Tuition Reimbursement/School Police Sworn
138 Conference/Training Pool Operations
136 Operating Supplies Concessions
130 Operating Supplies Arts Center
130 Small Tools Facilities Staff
128 Operating Supplies Senior Center Programs
128 Merchandise for Resale Concessions
120 Dues & Sub-Memberships Stormwater Non-Capital
Amount Account Description Business Unit120Merchandise for Resale Concessions
120 Operating Supplies Concessions
120 Conference/Training Street Maintenance
119 Operating Supplies Pool Operations
115 Equipment Repair & Maint Public Safety Communications
114 Licenses, Taxes, Fees Pool Lessons
114 Operating Supplies Arts Center
110 Licenses, Taxes, Fees Fitness Classes
106 Merchandise for Resale Concessions
106 Merchandise for Resale Concessions
106 Merchandise for Resale Concessions
106 Merchandise for Resale Concessions
105 Office Supplies Police Sworn
103 Operating Supplies Police Sworn
100 Deposits General Fund
100 Deposits General Fund
100 Deposits General Fund
100 Deposits General Fund
100 Capital Under $25,000 Snow & Ice Control
100 Employment Advertising Organizational Services
100 Conference/Training Park Maintenance
100 Other Contracted Services Specialty Fitness Programs
100 Employee Award Organizational Services
99 Video & Photo Supplies Fire
94 Operating Supplies Community Band
93 Small Tools Street Maintenance
92 Operating Supplies Pool Operations
92 Training Supplies Police Sworn
91 Video & Photo Supplies Fire
90 Conference/Training Utility Operations - General
90 Operating Supplies Police Sworn
90 Tuition Reimbursement/School Police Sworn
90 Tuition Reimbursement/School Police Sworn
89 Software/Hardware Maint.Fire
88 Training Supplies Police Sworn
86 Operating Supplies Arts Center
86 Operating Supplies Arts Center
85 Merchandise for Resale Concessions
84 Operating Supplies Senior Center Programs
84 Operating Supplies Police Sworn
83 Employee Award Organizational Services
82 Operating Supplies Youth Programs Admin
81 Miscellaneous Arts Center
80 Merchandise for Resale Concessions
79 Training Supplies Police Sworn
77 Deposits General Fund
77 Repair & Maint. Supplies City Center - CAM
76 Licenses, Taxes, Fees Pool Lessons
75 Conference/Training Street Maintenance
Amount Account Description Business Unit75Merchandise for Resale Concessions
75 Clothing & Uniforms Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Operating Supplies Fleet Operating
72 Operating Supplies Pickleball
69 Equipment Repair & Maint Senior Center Programs
69 Operating Supplies Community Center Admin
68 Operating Supplies Police Sworn
65 Conference/Training Tree Disease
65 Small Tools Facilities Staff
65 Small Tools Facilities Staff
64 Conference/Training Planning
64 Office Supplies Elections
60 Clothing & Uniforms Community Center Admin
60 Employment Advertising Organizational Services
60 Advertising Arts
60 Travel Expense City Council
60 Travel Expense City Council
60 Licenses, Taxes, Fees Pool Lessons
60 Operating Supplies Street Maintenance
59 Advertising Prairie View Liquor Store
59 Operating Supplies Day Care
59 Repair & Maint. Supplies General Community Center
58 Operating Supplies Arts Center
57 Office Supplies Police Sworn
56 Operating Supplies Senior Center Programs
56 Repair & Maint. Supplies City Center - CAM
56 Operating Supplies Skating Rinks/Warming Houses
55 Merchandise for Resale Concessions
55 Operating Supplies Community Center Admin
55 Operating Supplies Arts Center
55 Office Supplies Police Sworn
54 Operating Supplies Fire
54 Small Tools Facilities Staff
54 Software IT Operating
53 Small Tools Facilities Staff
53 Office Supplies Police Sworn
52 Miscellaneous City Council
51 Operating Supplies Senior Center Programs
50 Conference/Training Stormwater Non-Capital
50 Printing Police Sworn
50 Dues & Sub-Memberships Police Sworn
50 Tuition Reimbursement/School Police Sworn
50 Tuition Reimbursement/School Police Sworn
50 Dues & Sub-Memberships Police Sworn
49 Equipment Repair & Maint Senior Center Programs
48 Repair & Maint. Supplies Utility Operations - General
48 Equipment Parts Fleet Operating
47 Computers IT Operating
Amount Account Description Business Unit46MiscellaneousPolice Sworn
45 Operating Supplies Police Sworn
45 Computers IT Operating
45 Operating Supplies Fleet Operating
45 Conference/Training Street Maintenance
43 Operating Supplies Arts Center
43 Operating Supplies Police Sworn
42 Operating Supplies Police Sworn
42 Building Materials Street Maintenance
42 Merchandise for Resale Senior Board
42 Operating Supplies Tree Disease
41 Operating Supplies Fire
41 Operating Supplies Senior Center Admin
41 Operating Supplies Fire
40 Dues & Sub-Memberships Fire
40 Conference/Training Human Resources
40 Computers IT Operating
40 Operating Supplies Arts Center
40 Operating Supplies Skating Rinks/Warming Houses
39 Operating Supplies Pool Operations
39 Miscellaneous City Council
39 Operating Supplies Day Care
38 Licenses, Taxes, Fees Police Sworn
38 Operating Supplies Emergency Management
38 Licenses, Taxes, Fees Pool Lessons
38 Operating Supplies Fitness Admin.
38 Operating Supplies Police Sworn
36 Office Supplies Elections
36 Operating Supplies Skating Rinks/Warming Houses
35 Conference/Training Human Resources
33 Operating Supplies Fitness Admin.
33 Repair & Maint. Supplies Police (City Cost)
32 Operating Supplies Fire
32 Operating Supplies Senior Center Programs
32 Repair & Maint. Supplies Maintenance Facility
30 Operating Supplies Senior Center Admin
30 Operating Supplies IT Operating
30 Operating Supplies Community Center Admin
30 Capital Under $25,000 Engineering
29 Operating Supplies Fitness Classes
28 Operating Supplies Prairie View Liquor Store
28 Office Supplies Administration
27 Operating Supplies Arts Center
27 Operating Supplies Community Center Admin
26 Operating Supplies Winter Theatre
26 Equipment Parts Fleet Operating
26 Operating Supplies City Clerk
26 Travel Expense City Council
26 Operating Supplies Fire
Amount Account Description Business Unit26Operating Supplies Community Center Admin
26 Operating Supplies Arts Center
25 Equipment Repair & Maint Police Sworn
25 Operating Supplies Winter Theatre
25 Dues & Sub-Memberships Fire
25 Conference/Training Economic Development
25 Employee Award Organizational Services
24 Operating Supplies Arts Center
24 Operating Supplies Fitness Classes
24 Repair & Maint. Supplies City Hall (City Cost)
23 Process Control Equipment IT Operating
23 Operating Supplies Arts Center
22 Operating Supplies Fire
22 Miscellaneous IT Operating
21 Operating Supplies Arts Center
21 Operating Supplies Arts Center
21 Operating Supplies Police Sworn
21 Computers IT Operating
21 Repair & Maint. Supplies General Community Center
20 Conference/Training Human Resources
20 Dues & Sub-Memberships Police Sworn
20 Conference/Training Tree Disease
20 Other Contracted Services Organizational Services
20 Operating Supplies Fitness Admin.
19 Operating Supplies IT Operating
18 Operating Supplies Fire
17 Equipment Repair & Maint Park Maintenance
17 Other Contracted Services Organizational Services
17 Operating Supplies Arts Center
17 Office Supplies Police Sworn
17 Office Supplies Senior Center Admin
17 Operating Supplies Arts
16 Operating Supplies Youth Programs Admin
16 Operating Supplies Fitness Admin.
15 Mileage & Parking Street Maintenance
15 Operating Supplies Winter Theatre
14 Operating Supplies Arts Center
14 Operating Supplies New Adaptive
14 Operating Supplies Volunteers
14 Equipment Parts Fleet Operating
14 Operating Supplies Arts Center
13 Operating Supplies New Adaptive
13 Merchandise for Resale Concessions
13 Operating Supplies Street Maintenance
13 Operating Supplies Arts Center
12 Operating Supplies Police Sworn
12 Operating Supplies Fire
12 Operating Supplies Arts Center
12 Operating Supplies Arts Center
Amount Account Description Business Unit12Operating Supplies Police Sworn
12 Operating Supplies Fitness Classes
11 Operating Supplies Fire
11 Operating Supplies Fitness Classes
11 Small Tools Traffic Signals
11 Operating Supplies Community Band
10 Conference/Training Park Maintenance
10 Conference/Training Park Maintenance
10 Other Contracted Services Wine Club/Events
10 Operating Supplies Specialty Fitness Programs
10 Equipment Repair & Maint Public Safety Communications
10 Operating Supplies IT Operating
9 Operating Supplies Fire
9 Miscellaneous City Council
9 Operating Supplies Arts Center
9 Office Supplies Elections
8 Tuition Reimbursement/School Police Sworn
7 Conference/Training Utility Operations - General
7 Operating Supplies IT Operating
7 Operating Supplies IT Operating
7 Operating Supplies Skating Rinks/Warming Houses
6 Operating Supplies Pool Operations
6 Operating Supplies Ice Operations
5 Operating Supplies New Adaptive
5 Dues & Sub-Memberships Police Sworn
5 Clothing & Uniforms Pool Operations
2 Operating Supplies Arts Center
-3 Operating Supplies Senior Center Programs
-25 Operating Supplies Fire
-35 Miscellaneous Arts Center
-44 Merchandise for Resale Concessions
-93 Small Tools Street Maintenance
-100 Conference/Training Street Maintenance
-100 Conference/Training Street Maintenance
-120 Operating Supplies Concessions
-180 Advertising Summer Theatre
85,898 Report Total
CITY COUNCIL AGENDA SECTION: Appointments
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
City Council
ITEM DESCRIPTION:
2024 City Commission Appointments
ITEM NO.:
XIII.A.
Requested Action
Move to: Appoint to the Flying Cloud Airport Advisory Commission _______ with terms ending March 31, 2027. Move to: Appoint to the Heritage Preservation Commission ______ with terms ending March 31, 2027.
Move to: Appoint to the Parks, Recreation & Natural Resources Commission _____ with terms ending March 31, 2027. Move to: Appoint to the Planning Commission ____ with terms ending March 31, 2027.
Move to: Appoint to the Sustainability Commission ___ with terms ending March 31, 2027. Move to: Appoint to the Human Rights and Diversity Commission ___ with terms ending March 31, 2027.
Synopsis
The City Council hosted Commission interviews on Wednesday, February 28, 2024. All terms will begin on April 1. A required orientation session for new commissioners will be held in late March.
CITY COUNCIL AGENDA SECTION: Appointments
DATE:
March 12, 2024
DEPARTMENT/DIVISION:
City Council
ITEM DESCRIPTION:
2024 Appointments of Chairs and Vice Chairs to City Commissions
ITEM NO.:
XIII.B.
Requested Action
Move to: Appoint __________- Chair and __________- Vice Chair of the Flying Cloud Airport Advisory Commission Move to: Appoint __________- Chair and __________- Vice Chair of the Heritage Preservation Commission
Move to: Appoint __________- Chair and __________- Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to: Appoint __________- Chair and __________- Vice Chair of the Planning Commission
Move to: Appoint __________- Chair and __________- Vice Chair of the Sustainability Commission Move to: Appoint __________- Chair and __________- Vice Chair of the Human Rights and Diversity Commission
Synopsis Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members
to City Commissions. The City Council hosted Commission interviews on Wednesday, February 28, and determined Chair and Vice Chair assignments for the period of April 1, 2024, through March 31, 2025.
CITY COUNCIL AGENDA SECTION: Appointments
DATE: Mar. 12, 2024
DEPARTMENT/DIVISION: Community Development/ Assessing
ITEM DESCRIPTION: Appointments to 2024 Local Board of Appeal and Equalization (LBAE)
ITEM NO.:
Requested Action
Move to: Appoint to the Board of Appeal and Equalization Lyndon Moquist, Nate Thompson, Steve Tessman, Mark Hoffman, and Scott Werdal for the period of March 12, 2024 through May 31, 2024, or until the Board of Appeal and Equalization completes its work.
Synopsis The proposed members for Council approval are Eden Prairie residents and experienced real estate and valuation professionals with extensive knowledge of the southwest metro market.
Lyndon Moquist, Resident Real Estate Broker is experienced in the sale of residential properties in the southwest metro market and manages the Eden Prairie office of Edina Realty. Nate Thompson, Resident Real Estate Salesperson is experienced in the sale of residential
properties in the southwest metro market. Steve Tessman, Certified Residential Resident Appraiser is experienced in the valuation of residential properties in the southwest metro market.
Mark Hoffman, Certified Residential Resident Appraiser is experienced in the valuation of residential properties in the southwest metro market. Scott Werdal, Certified General Resident Appraiser is experienced in the valuation of residential and multi-family properties in the southwest metro market.
Background From 1992 through 2023, the City Council has appointed a Special (Local) Board of Appeal and Equalization (formerly named the Board of Review). The members are citizen volunteers that are
active and knowledgeable, with experience in the local real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of $50 for all required training sessions and Board meetings.
State statute requires the LBAE have a quorum (majority) of the voting members in attendance for each meeting and at least one member present is required to have completed the LBAE training offered by the Minnesota Dept. of Revenue; four candidates for appointment are currently certified.