HomeMy WebLinkAboutCity Council - 06/18/2024
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JUNE 18, 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. CITY CENTER/POLICE REMODEL
II. 2025-2034 CAPITAL IMPROVEMENT PLAN
III. 2025 BUDGET
Open Podium - Council Chamber (6:30) IV. OPEN PODIUM
V. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JUNE 18, 2024 7:00 PM, CITY CENTER Council Chambers 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. TOUR DE TONKA – MOLLY BAHNEMAN, COORDINATOR FOR MINNETONKA PRESCHOOL, EARLY CHILDHOOD AND FAMILY EDUCATION, AND JUNIOR EXPLORERS
B. CITY GOVERNMENT ACADEMY GRADUATION
C. ACCEPT PARKS AND RECREATION 2024 SPRING DONATIONS
(Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 21, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 21, 2024
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. EDEN PRAIRIE PUBLIC SCHOOLS / UNFI BY EDEN PRAIRIE PUBLIC SCHOOLS SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE AND PLANNED UNIT DEVELOPMENT DISTRICT REVIEW ON 60.91 ACRES, RESOLUTION TO CONDITIONALLY
CITY COUNCIL AGENDA June 18, 2024
Page 2
APPROVE DEVELOPMENT AGREEMENT
C. ASIA MALL PARKING LOT EXPANSION BY ELLIOTT DESIGN SECOND READING OF ORDINANCE FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 4.69 ACRES, RESOLUTION FOR SITE PLAN APPROVAL ON 4.69 ACRES, APPROVE DEVELOPMENT AGREEMENT
D. ENCLAVE AT MANOR ROAD BY BRANDL ANDERSON SECOND READING OF ORDINANCE FOR PLANNED UNIT DEVELOPMENT
DISTRCT REVIEW WITH WAIVERS AND ZONING DISTRICT CHANGE FROM RURAL TO R1-9.5 ON 6.43 ACRES, APPROVE DEVELOPMENT AGREEMENT
E. ADOPT RESOLUTION APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION
F. ADOPT RESOLUTION DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS
G. ADOPT RESOLUTION APPROVING HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN
H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING CO. FOR THE DEVELOPMENT OF DESIGN STANDARDS FOR BIORETENTION FACILITIES
I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION FOR CONSTRUCTION TESTING
SERVICES FOR 2024 PAVEMENT REHABILITATION PROJECT
J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR CONSTRUCTION ADMINISTRATION
SERVICES FOR PRAIRIE CENTER DRIVE AND FRANLO ROAD INTERSECTION IMPROVEMENTS PROJECT
K. AWARD 2024 ADA PEDESTRIAN RAMP PROJECT TO Q3 CONTRACTING, INC.
L. APPROVE AGREEMENT WITH BOLLIG & SONS, INC., FOR DEMOLITION AND REMOVAL OF HAZARDOUS BUILDING AT 17391 RUSTIC HILLS DRIVE
M. APPROVE QUOTE TO UPGRADE MITEL PHONES
N. ACCEPT BIDS AND AWARD CONTRACT TO CONSTRUCTION
RESULTS CORPORATION FOR FLYING RED HORSE MONUMENT
CITY COUNCIL AGENDA June 18, 2024
Page 3
O. APPROVE LEASE EXTENSION FOR RILEY LAKE PARK RENTAL HOUSE
P. APPROVE AGREEMENT WITH RES PYRO FOR FOURTH OF JULY
FIREWORKS
Q. AWARD CONTRACT TO DMJ ASPHALT INC. FOR THE 2024 RILEY
LAKE PARK HARDCOURT REHABILITATION PROJECT
IX. PUBLIC HEARINGS AND MEETINGS
A. NEXUS INNOVATION CENTER by Endeavor Development, LLC. First reading
of Ordinance for Zoning District Change from Office to I-2 on 14.35 acres.
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. STUDENTS ON COMMISSIONS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Amy Markle, Director, Parks and Recreation
ITEM DESCRIPTION:
2024 Spring Quarter donations to the Parks and Recreation Department
ITEM NO.:
IV.C.
Requested Action
Move to: Adopt a Resolution accepting the following donations:
• $250 from Summit Place Senior Campus for Senior Center programs and special events
• $7,500 from T-Mobile for the 3rd and 4th of July Hometown Celebration
• $100 from Prairie Bluffs Senior Living for the July 2nd Salute to Service Concert
• $50 from Health Source of Eden Prairie for Senior Center May bingo
• $100 from Mary Sue Ingman for the Eden Prairie Community Band
• $1,000 from J.A. Price Agency for the 3rd and 4th of July Hometown
Celebration
• $250 from Sholom for Senior Center programs and special events Synopsis
The Eden Prairie Senior Center serves area seniors with drop-in programs, lifelong learning
classes, fitness opportunities, social events, and trips. Participation continues to grow significantly, and the community’s use of this resource is expected to increase in the coming years with the number of aging adults increasing in this community.
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 Eden Prairie Park and Recreation Department coordinates the annual multi-day Hometown
Celebration that includes: July 3rd Sparklefest. A free kid-friendly evening event held at Round Lake Park with inflatables, games, hands-on projects, dance party and a drone display. Military Salute. A free outdoor concert with the Eden Prairie Community Band and Jazz on the Prairie Big Band playing favorite classics as well as patriotic selections. Local veterans and active military are saluted for their service during this musical celebration at Staring Lake Amphitheater.
July 4th. The Hometown Celebration culminates in the signature event featuring live music, food trucks, community plaza and the best fireworks display around!
The Eden Prairie Community Band is a 75-member group that performs year-round in Eden Prairie. Their performance schedule includes the Starring at Staring Concert Series, holiday concerts and other special events. They provide an opportunity for any resident with musical
talent to play on a stage.
The mission of the Eden Prairie Community Band is to promote local musicians while giving the Eden Prairie community fantastic musical events to enjoy.
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 gift to the City in the amount of $250 for Senior Center programs and special events from Summit Place Senior Campus is hereby recognized and accepted by the Eden Prairie City
Council.
The gift to the City in the amount of $7,500 for the 3rd and 4th of July Hometown Celebration from T-Mobile is hereby recognized and accepted by the Eden Prairie City Council.
The gift to the City in the amount of $100 for the July 2nd Salute to Service Concert from
Prairie Bluffs Senior Living is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City in the amount of $50 for Senior Center May bingo from Health Source of
Eden Prairie is hereby recognized and accepted by the Eden Prairie City Council.
The gift to the City in the amount of $100 for the Eden Prairie Community Band from Mary Sue Ingman is hereby recognized and accepted by the Eden Prairie City Council.
The gift to the City in the amount of $1,000 for the 3rd and 4th of July Hometown Celebration
from J.A. Price Agency is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City in the amount of $250 for Senior Center programs and special events from Sholom is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 18th day of June, 2024.
___________________________ Ronald A. Case, Mayor
ATTEST:
__________________________ David Teigland, City Clerk
UNAPPROVED WORKSHOP MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MAY 21, 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. CITY CENTER/POLICE REMODEL
Case asked the Council to provide feedback on the City Center and Police Department remodel
proposal. Getschow stated two options will be discussed tonight: remodeling only the police
department, or remodeling the police department and additionally bringing the lower level
amenities and offices to the upper level. The construction schedule and debt levy impacts will be
discussed. BKV Group was hired as the construction management firm. Sackett introduced
Michael Healy and Paul Michell, BKV Group Project Architects, and Jason Rentmeester, Kraus
Anderson Construction Manager.
Healy explained BKV Group completed a 20 year needs assessment. There are 91 Police staff
currently, expected to increase to 113 in 20 years. 72,700 square feet are needed for the Police
department. Healy outlined project goals including meeting 20-year Police operational needs
with room for growth, providing indoor parking for Police vehicles, improving wayfinding and
identity of the Police department, improving the working environment for recruitment and staff
wellness, improving workspaces and operational flow, securing outdoor parking for Police staff,
and relocating all City department offices and meeting spaces to one level. In one option lower
level city center functions including IT, facilities, and the heritage meeting rooms would be
brought to the upper level. The portion of the building previously leased by UNFI would be
repurposed as the Police station.
Healy displayed a conceptual site plan of the outdoor police parking lot, including 90 stalls
secured by gated access points. There would be an entry into the squad garage, an entry for
evidence vehicles, and an entry into a temporary holding area. There is potential to add
additional equipment storage space to the north where the playground is currently located.
Toomey asked if the playground is used. Rick Clark, Facilities Manager, confirmed the
City Council Workshop Minutes May 21, 2024
Page 2
playground has not been used since the education center ended its lease. Freiberg asked if the
outdoor secure parking provides space for private cars. Sackett confirmed the lot is for police
staff private cars and any accessory vehicles, and any overflow vehicles if the indoor garage is
full. Toomey asked where the mobile command center will be located. Sackett confirmed the
mobile command center will likely be located at a fire station.
Healy displayed a site plan of the lower level where UNFI and the education center were
previously located. The space would be converted into a 54 stall garage. Most of the existing
finishes, flooring, and HVAC would be removed. A temporary detention area with an after hour
release lobby and interview space would be constructed. There would be an evidence space for
processing vehicles, and long term evidence storage. A new staircase and elevator would be
constructed. There will be a small vehicle washing area inside the garage for washing and
maintenance, in addition to a K9 room with kennels and a bath area. Storage rooms off the
garage include armory, weapon cleaning, evidence processing, and equipment storage spaces.
There will be temporary detention center, an interview space, and a release lobby. There are
storage spaces for officer duty bags, body cams, and additional field equipment items.
Toomey asked how many squad cars the Eden Prairie Police Department (EPPD) has. Sackett
answered the EPPD has 50 vehicles at full fleet, including investigative and specialty vehicles.
Toomey asked if the garage should be larger than the currently planned for 54 spaces. Sackett
answered the EPPD does not want to add too many spaces as it hinders flow of traffic and
vehicles are more easily damaged. Additionally, it is rare the entire fleet will be inside at once.
There is only a finite amount of space available. Overflow parking spaces would be located
outside. The EPPD toured multiple police garages in preparation for the remodel. Almost every
garage is under ideal capacity due to cost restraints. Toomey asked if there is space to add on in
the future. Getschow stated additional space could be built to the south. Narayanan asked if there
will be Electric Vehicle charging stations in the garage. Sackett confirmed the garage will be
constructed with prewired conduit.
Healy displayed a site plan of the upper level where UNFI was previously located. The existing
mechanical, electrical, and plumbing spaces will be reused as much as possible to control costs.
All office, support functions, and meeting rooms for the City would be relocated to the upper
level. Two additional large meeting room would be constructed at the north side of the building.
Nelson asked if the public meeting rooms will be equipped with enough technology so the EPPD
could use if needed. Sackett explained technology needs now and into the future are mostly
wireless and could be set up if needed. Healy stated a shared fitness space would be constructed
in the upper level. The new fitness room will have two private changing/shower rooms.
Narayanan asked how many offices IT has. Healy confirmed IT would have three offices.
Narayanan noted the trend in the IT industry is to not have an assigned office. IT employees
value flexibility to work from home, and reserving a workspace for days they anticipate being in
the office. Case asked where the Garden Room would be relocated to. Healy confirmed the
City Council Workshop Minutes May 21, 2024
Page 3
Garden Room would remain where it is. Getschow added the Garden Room would be leasable
space to be used at the City’s discretion. Nelson asked if the Garden Room elevator would be
relocated. Sackett confirmed the elevator would stay as is. A new elevator would be installed
within the Police department.
Healy explained there would be a new Police public entrance on the upper level. The police
lobby would have natural light and would be connected to the main lobby via a new corridor.
There would be a kitchen space and a single user restroom. Interview rooms and a designated
children’s space would be adjacent to the police lobby. There would be a conference room for
media events. The Police area would be housed within a secure perimeter. The upper level Police
station would include investigative offices, administrative offices, a locker room, forensic labs, a
dispatch area, evidence storage areas, and an interview suite. The patrol section will have a
collaborative bullpen area. The break room has potential to open to an outdoor deck. The goal is
to make a warm, inviting, and collaborative space.
Narayanan asked if the entrances to the police department are well protected. Sackett confirmed
the border walls comprising the secure perimeter will be reinforced for ballistics. BKV and
Kraus Anderson have installed these safety features in many past public safety projects.
Narayanan asked if a command center is needed as a headquarters for large scale events. Sackett
explained there is a large Emergency Operations Center in Fire Station 1. Additionally, the patrol
conference room could also be used as it will be outfitted with the necessary technology.
Healy explained the cost of the police department and bringing all city hall departments to the
upper level is $26 million. This is comprised of $21.45 million of construction costs, and $4.55
million of soft costs such as architectural engineering fees, special inspections, surveying,
furniture, and equipment. The cost of the police department only, without bringing all city hall
departments to the upper level, is $21 million. This is comprised of $17.1 million of construction
costs, and $3.9 million of soft costs. Both options include structural reinforcement and
engineering to bring the building up to current building codes. There have been reductions to the
scope of the work in both options to maximize savings, including reducing in-floor heat in the
police garage. Case asked if the City has the option to heat the entire floor. Getschow stated it
could be added as an alternate option to be decided if bids are favorable. Nelson stated she does
not see a reason to cut back on heating the entire floor as there is never going to be a cheaper
time than now.
Healy displayed comparative costs for public safety buildings renovations by BKV Group. The
projected cost of the City’s renovation is comparable to nearby public safety buildings. New
construction is twice as expensive per square foot. Getschow stated owning the entire building is
an asset for the City. It is entirely paid for, and it provided a reliable stream of lease revenue for
years. Surrounding cities are constructing new police and fire stations for a cost of $50 million or
more. Building a new garage would be over $300 per square foot, compared to $210 per square
City Council Workshop Minutes May 21, 2024
Page 4
foot to renovate existing space. Converting the existing building space to a garage is by far the
most cost effective option.
Getschow explained next steps. Design development and construction documents would be
completed in the fall. Bids would be accepted November and December. The Council would vote
in December 2024 or January 2025 to accept a bid. Narayanan asked how the project would be
funded. Getschow confirmed it would be funded by debt. A year ago, the projected debt needed
to fund the police remodel and necessary fire trucks was $21 million. The debt levy would have
increased from $2.1 million to $3.3 million. The fire trucks will be funded by public safety aid
funding and existing Capital Improvement Plan (CIP) funding, the City will no longer need to
issue debt. The total annual debt levy, including the police department and city center remodel,
would be $3.47 million. There is a one-year increase to the debt levy of $2.3 million in 2026, it
would remain the same each year following. When the police station/city center remodel was
first added to the CIP, the City’s debt levy was $33 million. It is now down to $13 million, one
of the lowest debt levies for comparable surrounding cities. Some neighboring cities pay annual
debt levies that approach $10 million. Case noted the City has been able to keep its levy low
relative to surrounding cities. With a higher than normal levy increase council must
communicate the reasoning and need for the remodel.
Toomey asked if any state or federal money is available for the police department remodel.
Narayanan asked if there are grants the City can apply for. Getschow answered there is no state
or federal funding or grants available for the police department remodel, however the City is
receiving public safety aid to pay for fire trucks and the mobile command center. Instead of
issuing debt for the fire trucks and mobile command center, the debt can instead fund the
remodel.
Case asked the Council for their consensus on the remodel proposal. Nelson and Toomey noted
they are in favor of remodeling the police station and bringing all city offices and meeting spaces
to the upper floor. Narayan noted he is in favor of remodeling the police station but is undecided
on bringing the city offices to the upper floor. Freiberg stated he would like to see a third option.
Getschow noted there have been multiple options over the years the City has moved on from,
those options can be revisited again. Case noted he and the majority of the Council is in favor of
remodeling the police station and bringing the meeting rooms and remaining city offices to the
upper level. However, Case asked Getschow to return to a future workshop to follow up on
Council members outstanding questions and requests. The Council thanked Healy, Michell, and
Rentmeester for their time.
Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 21, 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. All Council Members were present. II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. HUMAN RIGHTS AWARDS
Getschow explained the goal of the Human Rights Award 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 actions, activities or programs.
Human Rights and Diversity Commissioner Susan Weaver explained the City
supports diversity and promotes acceptance and respect of others. She presented the business category award to Jill Slipper Scholtz. Ms. Slipper Scholtz has served Eden Prairie and surrounding communities for several years by offering training and consultation in the diversity-equity-inclusion space. Most recently, she has served
as the Diversity (DEI) Committee chair for the Eden Prairie Community Foundation.
Commissioner Asad Aliweyd presented the Human Rights Award for the individual category to Hodan Nur. Ms. Hodan has consistently demonstrated strong leadership in supporting East African families and youth through her work in schools and at the
Irshad Islamic Center.
Commissioner Shana Bates presented the Human Rights Award for the non-profit category to The PROP Shop. The PROP Shop has mobilized the Eden Prairie
CITY COUNCIL MINUTES May 21, 2024
Page 2
community to care for its neighbors, serving its increasingly diverse and multicultural community for many years. The organization meets the needs of clients who are experiencing various forms of hardship, providing clothing,
household goods, and furniture all free of charge.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Narayanan, to approve the agenda as published. Motion carried 5-0.
VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 7, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 7, 2024
MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, May 7, 2024, and the City Council meeting held Tuesday, May 7, 2024, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. AWARD WEST 70TH IMPROVEMENT PROJECT TO GMH ASPHALT CORPORATION
C. AWARD PRAIRIE CENTER DRIVE PAVEMENT REHABILITATION PROJECT TO NORTHWEST ASPHALT, INC.
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC FOR INSTRUMENTATION AND CONTROL SYSTEMS PROGRAMMING AND CONFIGURATION FOR WASTEWATER LIFT STATION
REHABILITATION PROJECTS
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR CONSTRUCTION MATERIALS TESTING FOR PRAIRIE CENTER DRIVE PAVEMENT REHABILITATION PROJECT
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP, INC. FOR A TRAFFIC STUDY FOR EDEN PRAIRIE CENTER REDEVELOPMENT
MOTION: Nelson moved, seconded by Narayanan to approve Items A-F on the
CITY COUNCIL MINUTES May 21, 2024
Page 3
Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan,
Nelson, Toomey and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:16 p.m. Respectfully submitted,
________________________ Sara Aschenbeck, Administrative Support Specialist
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 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
Amendment to Liquor License – 2AM Closing Permit - Renewal Licensee Name: American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18
8251 Flying Cloud Drive, #4000
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/ Jeremy Barnhart
ITEM DESCRIPTION:
Eden Prairie Pubic Schools/ UNFI
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance for a Zoning District Change from Office and Rural to Public and Parks & Open Space and Planned Unit Development District Review with waivers on 60.91 acres.
• Adopt Resolution Conditionally approving the Development Agreement for Eden Prairie Schools Synopsis
Eden Prairie Public Schools intends to purchase 60.91 acres from UNFI for educational programming. The change in use of the property requires a Comprehensive Plan Amendment and a Zoning District Change. The Comprehensive Plan Amendment, changing the land use guidance to Public/ Semi Public and Parks/ Open Space was approved by the Metropolitan Council on May
8th. The attached ordinance changes the zoning districts to Public and Park/Open Space from
Office and Rural. The PUD District reflects the new underlying zoning districts and the change in ownership. As part of this application, approximately one-half of the property will be subject to a conservation
easement.
The Conditional Approval of the Development Agreement is necessary as the school district does not yet own the property but will prior to recording of the Development Agreement. The Development Agreement includes a copy of the Conservation Easement. Staff and the School
District are fine tuning the language, to be resolved prior to recording.
Attachments 1. Ordinance
2. Resolution for Conditional Approval of the Development Agreement
3. Development Agreement
EDEN PRAIRIE PUBLIC SCHOOLS
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-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, 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, and consists of the “Building Parcel” and the “Open Space Parcel” as identified on Exhibit A. Section 2. That the Land is currently designated as a planned unit development
within the Office Zoning District, PUD-13-2008-OFC (the “Existing PUD”). The Open Space
Parcel is included in the Existing PUD despite being within the underlying Rural Zoning District. Section 3. That action was duly initiated proposing that the underlying zoning districts for the Land be amended such that the Building Parcel be removed from the Office
Zoning District and be placed in the Public Zoning District but remain subject to the terms and
conditions of the Existing PUD, and the Open Space Parcel be removed from the Rural Zoning District and placed in the Parks and Open Space Zoning District, without the Existing PUD designation or any past or future PUD designation.
Section 4. That, the Open Space Parcel as noted in Exhibit A shall be, and hereby is
removed from the Rural Zoning District and placed in the Parks & Open Space Zoning District, and the legal descriptions of land in each district shall be and are amended accordingly. The Existing PUD is amended to remove the Open Space Parcel from the land subject to the Existing PUD.
Section 5. That, as to the Building Parcel, action was duly initiated proposing that the designation of the Building Parcel be amended within the Public Zoning District as -2024-PUD-_-2024 (hereinafter “PUD-_-2024”).
Section 6. 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 7. That the Building Parcel shall be, and hereby is removed from the Office Zoning District and placed in the Public Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2024 and the legal descriptions of land in each district shall be and are amended accordingly.
Section 8. That the Building Parcel shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Independent School District No. 272 and the City of Eden Prairie (hereinafter “Development Agreement”), which incorporates the terms and conditions of the Existing PUD. The Development Agreement
contains the terms and conditions of PUD-_-2024, and is hereby made a part hereof. Section 9. That Ordinance No. 26-2008-PUD-13-2008, which established the Existing PUD, is hereby amended as described in this Ordinance, only as related to the Building Parcel and the Open Space Parcel. The Existing PUD remains in full force and effect as related
to the remainder of the property included in the Existing PUD.
Section 10. That 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 11. That this Ordinance shall become effective from and after its passage and publication and acquisition of fee title to the Land by Independent School District No. 272.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the April 16, 2024, and finally read and adopted and ordered published in summary form as
attached hereto at Exhibit B 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
To be zoned Public: That part of Government Lots 2, 3, and 4 and that part of the Northwest
Quarter of the Southeast Quarter, all in Section 11, Township 116, Range 22,
Hennepin County, Minnesota described as follows: Commencing at the East Quarter corner of said Section 11; thence South 88 degrees 11 minutes 04 seconds West, assumed bearing along the East – West Quarter line of said Section 11, a distance of
1318.15 feet to the point of beginning; thence North 00 degrees 00
minutes 00 seconds East, 689.08 feet; thence North 30 degrees 14 minutes 11 seconds West, 892.44 feet; thence South 56 degrees 27 minutes 24 seconds West, 354.81 feet; thence South 29 degrees 35 minutes 31 seconds East, 389.89 feet; thence South 17 degrees 40
minutes 11 seconds West, 234.13 feet; thence South 49 degrees 59
minutes 09 seconds West, 156.90 feet; thence South 58 degrees 42 minutes 02 seconds West, 238.37 feet; thence South 44 degrees 40 minutes 24 seconds West, 259.19 feet; thence South 36 degrees 18 minutes 11 seconds West, 417.59 feet to the southwest corner of said
Government Lot 3; thence South 00 degrees 05 minutes 41 seconds
East, along the west line of said Northwest Quarter of the Southeast Quarter, 381.08 feet to the centerline of County Road 60; thence easterly along said centerline to the intersection with a line that bears South 00 degrees 00 minutes 00 seconds East from the point of
beginning; thence North 00 degrees 00 minutes 00 seconds East,
355.24 feet to the point of beginning. To be zoned Parks- Open Space
Par 1: Government Lot 3 and the accretions thereto, Section 11, Township
116, Range 22, all described as beginning at the Southwest corner of said Government Lot 3; thence East along the South line of said Government Lot 3 and its extension to a point 525 feet West from the East Quarter corner of said Section 11; thence Northwesterly, deflecting to the left 109 degrees, to the shore of Bryant’s Long Lake; thence Northwesterly along the shore of said
lake to its intersection with the Northerly extension of the West line of said Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the above described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16893 and the West boundary line of the above described Government
Lot 3 and accretions thereto has been marked by Judicial Landmarks set
pursuant to Torrens Case No. 16744.
Par 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60.
Par 3: That part of Government Lot 4 and accretions thereto, Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60 and Westerly of a line drawn parallel with and distant 600 feet West measured at right angles from the East line of said Government Lot 4, except that part thereof lying Southerly and Easterly of the following described line:
Commencing at the Northeast corner of the above described part of Government Lot 4; thence on an assumed bearing of South 00 degrees 10 minutes 58 seconds East along the East line thereof a distance of 407.70 feet to the point of beginning of the line to be described; thence North 63 degrees 26 minutes 06 seconds West, a distance of
658.22 feet; thence South 25 degrees 10 minutes 56 seconds West, a
distance of 301.17 feet to the center line of said County Road No. 60, and said line there terminating, according to the Government Survey thereof. The West boundary line of the above described part of the Northwest Quarter of the
Southeast Quarter has been marked by a Judicial Landmarks set pursuant to Torrens
Case No. 16745. AND
That part of Government Lot 2 in Section 11, Township 116, Range 22, lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Government Lot 2, thence North along the East line of said Government
Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line
to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to right 44 degrees 00 minutes 00 seconds a distance of 240.0 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant's Long Lake and there terminating.
The East boundary line of the above described land, except the shore line of Bryant's Long Lake, has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744.
Except: That part of Government Lots 2, 3, and 4 and that part of the Northwest Quarter of the Southeast Quarter, all in Section 11, Township 116, Range 22, Hennepin County, Minnesota described as follows:
Commencing at the East Quarter corner of said Section 11; thence
South 88 degrees 11 minutes 04 seconds West, assumed bearing along the East – West Quarter line of said Section 11, a distance of
1318.15 feet to the point of beginning; thence North 00 degrees 00 minutes 00 seconds East, 689.08 feet; thence North 30 degrees 14 minutes 11 seconds West, 892.44 feet; thence South 56 degrees 27
minutes 24 seconds West, 354.81 feet; thence South 29 degrees 35
minutes 31 seconds East, 389.89 feet; thence South 17 degrees 40 minutes 11 seconds West, 234.13 feet; thence South 49 degrees 59 minutes 09 seconds West, 156.90 feet; thence South 58 degrees 42 minutes 02 seconds West, 238.37 feet; thence South 44 degrees 40
minutes 24 seconds West, 259.19 feet; thence South 36 degrees 18
minutes 11 seconds West, 417.59 feet to the southwest corner of said Government Lot 3; thence South 00 degrees 05 minutes 41 seconds East, along the west line of said Northwest Quarter of the Southeast Quarter, 381.08 feet to the centerline of County Road 60; thence
easterly along said centerline to the intersection with a line that bears
South 00 degrees 00 minutes 00 seconds East from the point of beginning; thence North 00 degrees 00 minutes 00 seconds East, 355.24 feet to the point of beginning.
EXHIBIT B
EDEN PRAIRIE PUBLIC SCHOOLS
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2024-PUD-_-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, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located at 11840 Valley View Road from the Rural and Office Zoning District to the Public and Parks & Open Space Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: That this Ordinance shall become effective from and after its passage and publication and acquisition of fee title to the Land by Independent School District No. 272.
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 FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR EDEN PRAIRIE SCHOOL DISTRICT – TASSEL CAMPUS WHEREAS, the Developer has requested to sign and execute the Development Agreement for Eden Prairie School District – Tassel Campus (the “Project”) at the closing of Developer’s purchase of the property located at 11840 Valley View Road; and,
WHEREAS, the City is amenable to allowing the Developer to sign and execute the Development Agreement at the closing; and,
WHEREAS, the approval of this Agreement and second reading of Ordinance No. ____ are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that Independent School District No. 272 has acquired fee simple interest in the Property as defined in the Development Agreement. If the City Manager does not receive such documentation on or prior to September 1, 2024, the above Ordinance and approvals are null and void and of no further effect.
The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect; and,
WHEREAS, the City Council reviewed the project at a public hearing at its April 16, 2024, meeting.
WHEREAS, the City Council reviewed the Development Agreement for the project at its
June 18, 2024, meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between Independent School
District No. 272 and the City of Eden Prairie is conditionally approved by the City Council on
June 18, 2024, and is conditioned upon the Developer providing the City Manager documentation that Independent School District No. 272 has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to September 1, 2024, the above Ordinance and approvals are null and void and of no further effect. The City Council may, but is
not required to, take such further action to confirm that the Ordinance is null and void and of no
further effect.
ADOPTED by the City Council of the City of Eden Prairie this 18th day of June, 2024.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
DEVEL OPMENT AGREEMENT
Eden Prairie School District - Tassel Campus
THrs DEVELOPMENT AGREEMENT ("Agreement") is entered into as of
2024, by Independent School District No. 272, Eden Prairie, Minnesota, a public
school corporation organized under the laws of Minnesota (the "Developer") its successors and
assigns, and the CITY oF EDEN PRAIRTE, a municipal corporation (the "city")
\ryITNESSETH:
WHEREAS, Developer has applied to City for Guide Plan Change from Office and parks
& Open Space to Public/Semi-Public and Parks & Open Space on 60.91 acres, Zoning District
Change from Rural and Office to Parks and Open Space and Public ZoningDistrict on 60.91 acres,
and Amendment of an existing Development Agreernent, (the "Applications"), for real property
legally described on the attached Exhibit A (the "Property'); and
WHEREAS, on June 28,1978, Developer's predecessor-in-interest and City entered into
a Planned Unit Development and Development Agreement reflecting the terms and conditions of
the City's approval of planned unit development for the Property and another adjacent property,
totaling 80 acres, and a zoning district change and site plan for approximately 35 acres contained
within the Property ("Original Development Agreement"); and
WHEREAS, pursuant to the Original Development Agreernent, an office building with
adjoining parking facilities was constructed on that approximate 35-acre portion of the Property
(the "Office Parcel"); and
I
Eden Prairie School Distrìct - Tassel Campus Development Agreement dated June 18, 2024
I
)
-t
\ilHEREAS, in 2008, the Developer's predecessor-in-interest and City entered into a
Development Agreement dated Decernber 16, 2008 and filed with the Hennepin County Registrar
of Titles' Office as Document No. 4601929, approving a Planned Unit Development District
change and site plan for the Office Parcel to facilitate the expansion of the existing building, among
other improvements ("2008 Development Agreement"); and
WHEREAS, Developer has recently acquired the Property and Developer and the City
desire to clariôr and restate the approvals provided in the Original Development Agreement and
the 2008 Development Agreement, while documenting the change in the Property's zoning from
Office to Parks and Open Space and Public.
NO\il, THEREFORE, in consideration of the City adopting Resolution No
for Guide Plan Change and Ordinance No.for Zoning District Change from Rural
and Office to Parks and Open Space and Public on 60.91 acres, Developer agrees to construct,
develop and maintain the Property as follows:
REAFFIRMING CONDITIONS oF DEVELOPMENT AGREEMENT: Developer
agrees to all applicable terms, conditions and obligations of "Developer" under the
Original Development Agreement and the 2008 Development Agreement as they relate to
the Property, except to the extent such terms, conditions and obligations are inconsistent
with, or amended by, this Agreement.
FUTURE DEVELOPMENT: Developer agrees that this Agreernent does not authorize
any additional development of the Property. Any development beyond what is currently
constructed on the Property must be reviewed and approved by the City in accordance with
the requirements of City Code.
CONSERVATION EASEMENT: Prior to the City's recording of this Agreement,
Developer shall convey to the City an easement over that portion of the Property legally
described on the attached Exhibit B for conservation purposes, in a form approved by the
City Engineer (the "Conservation Easement"). The City will record the Conservation
Easement with the Hennepin County Registrar of Titles' Office immediately after the
recording of this Agreement.
CROSS ACCESS EASEMENT, UTILITY AND MAINTENANCE AGREEMENT:
Prior to the City's recording of this Agreement, Developer must provide a Cross Access
Easement, Utility and Maintenance Agreement over the private driveways and
infrastructure located within the Property that provides cross access and utility access to
parcel identified as Hennepin County PID 1l-116-22-21-0001, adjacent to the Property
(the "Cross Access Agreernent"). The form of the Cross Access Agreement must be
approved in writing by the City Engineer. The Cross Access Agreement must address joint
vehicle access and maintenance over the private streets, storm sewers, sanitary sewer,
watermain and stormwater management facilities. All of these facilities are and will
4
Eden Prqirie School District - Tassel Campus Development Agreement dated June 18, 2024
2
5
continue to be privately owned and maintained by the Developer. After approval by the
City, the Cross Access Easement must be filed with the Hennepin County Registrar of
Titles' Office at the time of recording this Agreement.
CHLORIDE REDUCTION: Developer agrees to responsibly manage salt usage onsite
by complying with the following:
a. The property manager and winter maintenance contractors must provide
documentation annually of current certification through MPCA's Smart Salting
program (Property Management certification and Parking Lots and Sidewalks
certification respectively) and annual refresher courses. This information must be
provided to City Water Resources staff.b. Prior to October 3l each year, the Developer must provide City W'ater Resources
staff with the name, phone number, and email address of the on-site property
manager and the winter maintenance contractor(s).
c. Prior to the 5th day of each month November through May, the Developer must
provide City Water Resources staff with a summary of the plowing events and
salting events during the previous month. The summary must include but is not
limited to: the number of plowing events, the number of salting events, and the
amount of salt applied during each salting event.d' The Developer must conduct street sweeping of the parking lot and drive aisles
within 72 hours of such a request from the City Engineer.
Eden Prairie School District - Tassel Campus Development Agreement dated June 18, 2024
3
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as ofthe day and year aforesaid.
CITY OF EDEN PRAIRIE
By
Ronald A. Case
Its Mayor
Rick Getschow
Its City Manager
STATE OF MINNESOTA
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
ss
)
)
)
Eden Prairie School District - Tassel Campus Development Agreement dated June 18, 2024
4
INDEPEND SCHOOL NO.272
By
Its Board Chair
By
Its Clerk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this 10th day of June, 2024, by Aaron
Casper, the Board Chair, of Independent School District No. 272, a public school corporation
organized under the laws of Minnesota, on behalf of the school district.
l-
Notary
STATE OF MINNESOTA BREiIOAJ,HAYNES
ty
NOÎARY PUBLIC
MlfìlN€9OTA
CoñnìÉ¡¡OñEtd[l 01 "
The foregoing instrument was acknowledged before me this 10th day of June, 2024, by Abby
Libsack, the Clerk, of Independent School District No.272, a public school corporation organized
under the laws of Minnesota, on behalf of the school district.
Notary
THIS INSTRIJMENTWAS DRAFTED BY:
CITy oT EDEN PRAIRIE
8O8OMncUELLRoAD
EDEN PRAIRIn, MN 55344
ss.
)
)
)
)
)SS.
COUNTY OF HENNEPIN
My Cqññla3¡iimErfiral 0l/3I /,
BRENDAJ, HAY}tES
NOTARY PUBLIC
MINNESOTA
Eden Prairie School District - Tassel Campus Development Agreement dated June 18, 2024
5
EXHIBIT A
Eden Prairie School District - Tassel Campus
Development Agreement
Legal Description
That part of Government Lot 2 in Section 11, Township 116, Range 22,lying Easterly and
Northeasterly of a line described as commencing at the Southeast corner of said Govemment Lot
2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the
actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44
degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to lJrght 44
degrees 00 minutes 00 seconds a distance of 240.0 feet; thence Northeasterly deflecting to the right
36 degrees 30 minutes 00 seconds to the shore of Bryant's Long Lake and there terminating.
The East boundary line of the above described land, except the shore line of Bryant's
Long Lake, has been marked by Judicial Landmarks set pursuant to Torrens Case
No. 16744.
Subject to a limitation of the right of the right of access to U.S. Highway Number 494,
as contained in Book 2604 of Deeds, page 203, Doc No. 3677302.
Subject to a 45 foot wide easement for sanitary sewer purposes in favor of Southwest Sanitary
Sewer District Board over a portion of the above described Government Lot 2 as contained in
Book 69 of Hennepin County Records, page3779764.
Torrens Property Torrens Certifi cate No. 12237 66
AND
Par 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all
described as beginning at the Southwest comer of said Govemment Lot 3; thence East along the
Southline of said Government Lot 3 and its extension to a point 525 feet West from the East Quarter
corner of said Section I 1; thence Northwesterly, deflecting to the left 109 degrees, to the shore of
Bryant's Long Lake; thence Northwesterly along the shore of said lake to its intersection with the
Northerly extension of the West line of said Government Lot 3; thence South to the point of
beginning, the Easterly boundary line of the above described Govemment Lot 3 and accretions
thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16893 and the
V/est boundary line of the above described Government Lot 3 and accretions thereto has been
marked by Judicial Landmarks set pursuant to Torrens Case No. 16744.
6
Eden Prairie School District - Tassel Campus Development Agreement dated June l,8, 2024
Par 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11,
Township 116, Range 22lyingNortherly of the center line of County Road No. 60.
Par 3: That part of Government Lot 4 and accretions thereto, Section 11, Township I16,
Range 22lying Northerly of the center line of County Road No. 60 and Westerly of a
line drawn parallel with and distant 600 feet West measured at right angles from the East
line of said Government Lot 4, except that part thereof lying Southerly and Easterly of
the following described line: Commencing at the Northeast corner ofthe above described
part of Government Lot 4;thence on an assumed bearing of South 00 degrees 10 minutes
58 seconds East along the East line thereof a distance of 407.70 feet to the point of
beginning of the line to be described; thence North 63 degrees 26 minutes 06 seconds
West, a distance of 658.22 feet; thence South 25 degrees l0 minutes 56 seconds West, a
distance of 301 .17 feetto the center line of said County Road No. 60, and said line there
terminating, according to the Government Survey thereof.
The West boundary line of the above described part of the Northwest Quarter of the
Southeast Quarter has been marked by a Judicial Landmarks set pursuant to Torrens Case
No. 16745.
Subject to the rights of the State of Minnesota in its sovereign capacity in the lands
herein which lie between the natural ordinary low watermark and natural ordinary
high watermark of Bryant's Long Lake; (As to pars 1, 2 and3).
Torrens Property - Torrens Certificate No. 638943
7
Eden Prairie School District - Tassel Campus Development Agreement dated June i,8, 2024
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima /Jeremy Barnhart
ITEM DESCRIPTION:
Asia Mall
ITEM NO.:
VIII.C.
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance for a Planned Unit Development District Review with waivers on 4.69 acres; and
• Adopt a Resolution approving the Site Plan on 4.69 acres; and
• Approve the Development Agreement for Asia Mall. Synopsis
This is the final reading for Asia Mall and their parking lot expansion project. Asia Mall is adding 122 spaces to the parking lot. With approval, 424 parking spaces will be on site. This project includes the placement of the stormwater management system underground, and a turn lane from Technology Drive into the site. Approval of waivers for parking lot islands (size and number), impervious surface, setback, (front and side), and the number of parking stalls are included as part
of the final approval. Attachments 1. Ordinance for Planned Unit Development District Review with waivers 2. Resolution for Site Plan
3. Development Agreement
ASIA MALL PARKING LOT
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-REG-SER 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-REG-SER 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 _____, 2024 entered into between Asian Plaza Property,
LLC, 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. The City Council determines that publication of the title and a summary of
this ordinance clearly informs the public of the intent and effect of the ordinance, and directs that
only the title of the ordinance and a summary attached as Exhibit B hereto be published, with notice that a printed copy of the ordinance is available for inspection by any person during regular business hours at the office of the city clerk.
Section 8. This Ordinance shall become effective from and after its passage and
publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th Day of May, 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
PUD Legal Description
Legal Description Lot 1, Block 1, Gander Mountain, Hennepin County, Minnesota. Abstract Property
EXHIBIT B
ASIA MALL PARKING LOT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __-2023-PUD-__-2023 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 _ 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 ASIA MALL PARKING LOT EXPANSION BY ASIAN PLAZA PROPERTY, LLC WHEREAS, Asian Plaza Property, LLC, has applied for Site Plan approval of Asia Mall to construct an expansion of the parking lot; WHEREAS, zoning approval for the parking lot expansion was granted by an Ordinance approved by the City Council on June 18, 2024; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 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
May 7, 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 Asian Plaza Property, LLC, subject to the Development
Agreement between Asian Plaza Property, LLC and the City of Eden Prairie, reviewed and approved by the City Council on June 18, 2024.
ADOPTED by the City Council of the City of Eden Prairie this 18th day of June, 2024.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
EXHIBIT A
Site Plan
Legal Description: Lot 1, Block 1, Gander Mountain, Hennepin County, Minnesota. Abstract Property
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
06/18/2024
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Ben Schneider
ITEM DESCRIPTION:
Enclave at Manor Road
ITEM NO.:
VIII.D.
Requested Action
Move to:
• Approve the 2nd Reading of an Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-9.5 on 6.43 acres; and
• Approve the Development Agreement Synopsis This is the 2nd Reading for the Enclave at Manor Road project, which proposes to subdivide one
lot into 17 single-family lots and one (1) outlot. The subject parcel, surrounded by existing single-
family homes, is designated as an infill site in the Comprehensive Plan. The project includes a road and sidewalk connection between South Manor Road and West 168th Avenue. The proposed density is 2.64 units per acre, which is consistent with the Low-Density residential guiding. The current zoning is Rural and the applicant is requesting a zoning district change to R1-9.5. A PUD
is also being requested with three (3) waivers related to front yard setback and minimum lot width.
The proposed outlot includes a stormwater basin that would be owned and maintained by the City. Background
The public hearing and first reading for this project was held at the May 7, 2024. The 120-day
review period expires on June 20, 2024. Between the 1st Reading and this 2nd Reading, the applicant received approval for this project from the Riley Purgatory Bluff Creek Watershed District. The plans were modified slightly to address comments made by the District related to tree preservation. The overall lot configuration remains
unchanged from the 1st Reading, but the drainage and utility easement boundaries are larger for Lots 1-7, Block 1. Attachments 1. Ordinance for Planned Unit Development District Review with waivers and Zoning
District Change 2. Development Agreement
ENCLAVE AT MANOR ROAD
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, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING
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.
Section 3. That action was duly initiated proposing that the designation of the land be amended within the R1-9.5 Zoning District as -2024-PUD-_-2024 (hereinafter "PUD-_-2024”).
Section 4. 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 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and placed in the R1-9.5 Zoning District, as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2024 and the legal descriptions of land in each district referred to in City Code Section 11.03 shall be and are
amended accordingly.
Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated entered into between ___________, 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 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 8. The City Council determines that publication of the title and a summary of this
ordinance clearly informs the public of the intent and effect of the ordinance, and directs that only the title of the ordinance and a summary attached as Exhibit B hereto be published, with notice that a printed copy of the ordinance is available for inspection by any person during regular business hours at the office of the city clerk.
Section 9. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the May 7, 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 South 420.0 feet of the West ½ of the Southwest Quarter of the Northeast Quarter of Section 5, Township 116, Range 22 except the West 30.0 feet thereof, Hennepin County, Minnesota
Legal Description After the Final Plat
Lots 1-17 and Outlot A, Enclave at Manor Road, Hennepin County, Minnesota
EXHIBIT B
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. -2024-PUD-_-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, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 6591 168th Ave W from the Rural Zoning District to the R1-9.5 Zoning District and amends the designation of that land
into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST: ___________________________ _____________________________
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 the City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Rick Getschow, City Manager
ITEM DESCRIPTION:
Resolution approving participation in the
Performance Measurement Program established by the Council on Local Results and Innovation
ITEM NO.:
VIII.E.
Requested Action Move to: Adopt the resolution approving participation in the performance measurement program
established by the Council on Local Results and Innovation. Synopsis The City of Eden Prairie has already implemented the required 10 measures with the majority of
them coming from the Quality of Life Survey. This resolution is a formality to adopt the measures and approve using results we already have for a state program in order to receive financial benefit. Background
In February 2012, the Council on Local Results and Innovation created a voluntary performance measurement program. Requirements of the program include officially adopting and implementing the ten minimum performance measures, reporting the results to the residents through at least one of the following means: publication, direct mailing, posting on the entity's
website, or through a public hearing at which the budget and levy will be discussed and public input allowed, and submission of the resolution and results to the Office of the State Auditor. Benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to
use the funds to support participation in the ICMA Insights performance management and analytics program. This will help staff to advance our current goals and results performance measures increasing transparency. Attachments
Resolution Performance Measurement Report Submittal List of Standard Measures for Cities
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-__ RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL
RESULTS AND INNOVATION
WHEREAS, the Council on Local Results and Innovation established by the Minnesota Legislature has implemented a voluntary performance measurement and reporting program; and
WHEREAS, benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect; and
WHEREAS, the Council on Local Innovations and Results has established a standard set of
measures for cities to adopt and report; and WHEREAS, the City has adopted and implemented at least 10 of the measures in order to satisfy the program’s requirements.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie will report any updates of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city’s/county’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed.
BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. ADOPTED by the Eden Prairie City Council on the 18th day of June, 2024.
_________________________ Ronald A. Case, Mayor
ATTEST: __________________________
David Teigland, City Clerk
Performance Measurement Program Report
City of Eden Prairie
6/18/2024
General
Measure Result Notes
Rating of the overall quality of
Eden Prairie services
Excellent- 42%
Good- 43%
Fair- 10%
Poor- 1%
Don’t Know- 4%
2023 Quality of Life Survey-
1123 Reponses
Citizens’ rating of the overall
appearance of the city
Excellent- 52%
Good- 40%
Fair- 7%
Poor- 1%
Don’t Know- 0%
2023 Quality of Life Survey-
1153 Responses
Bond Rating Aaa
AAA
Moody’s Investors Service
Standard & Poor’s Rating
Services
Citizens’ rating of the quality of city
recreational programs and facilities
Recreation services (programs
and classes)
Excellent- 41%
Good- 34%
Fair- 10%
Poor- 3%
Don’t Know- 13%
Recreation centers or facilities
Excellent- 43%
Good- 35%
Fair- 11%
Poor- 2%
Don’t Know- 10%
2023 Quality of Life Survey-
Recreation services
1127 responses
2023 Quality of Life Survey-
Recreation centers or
facilities
1138 responses
Police Services
Measure Result Notes
Citizens’ rating of safety in
community (Overall feeling of
safety in Eden Prairie)
Excellent- 49%
Good- 43%
Fair- 7%
Poor- 1%
Don’t Know- 0%
2023 Quality of Life Survey-
1156 responses
Part I and II Crime Rates 3,045 Crime rate per 100,000
population for Part I and Part II
Crimes
Fire & EMS Services
Measure Result Notes
Citizens’ rating of the quality of
fire protection services
Excellent- 51%
Good- 25%
Fair- 3%
Poor- 0%
Don’t Know- 21%
2023 Quality of Life Survey-
1137 responses
Streets
Measure Result Notes
Citizens’ rating of the quality of
city streets as a whole
Excellent- 29%
Good- 54%
Fair- 14%
Poor- 2%
Don’t Know- 0%
2023 Quality of Life Survey-
1132 responses
Citizens’ rating of the quality of
snow removal on city streets
Excellent- 48%
Good- 37%
Fair- 11%
Poor- 3%
Don’t Know- 1%
2023 Quality of Life Survey-
1140 responses
Average City Street Pavement
Condition Rating
84
Water
Measure Result Notes
Citizens’ rating of the quality of
the city’s drinking water
Excellent- 41%
Good- 37%
Fair- 15%
Poor- 3%
Don’t Know- 4%
2023 Quality of Life Survey-
1128 responses
Sanitary Sewer
Measure Result Notes
Citizens’ rating of the quality of
water and sewer services
Excellent- 37%
Good- 45%
Fair- 8%
Poor- 1%
Don’t Know- 10%
2023 Quality of Life Survey-
1128 responses
Standard Measures for Cities
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Tammy Wilson, Office of the
City Manager/Finance
ITEM DESCRIPTION:
Resolution for reimbursement of prior
expenditures
ITEM NO.:
VIII.F.
Requested Action Move to: Adopt Resolution declaring the City’s official intent to reimburse itself for prior
expenditures out of the proceeds of a subsequently issued series of bonds.
Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for
prior expenditures out of the proceeds of a subsequently issued series of bonds and that the
expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring its intent to issue bonds for the remodel of the existing vacant space on the west side of the building of approximately 73,000 S.F. for the police station and 23,000 S.F. for city office/meeting space.
Attachment Resolution
-1-
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-__ RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY;
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the “City”), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project
expenditures made by the City prior to the date of issuance.
(b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made
from the proceeds of such bonds within the reimbursement period (as defined in
the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds.
(c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified.
2. Official Intent Declaration.
(a) The City proposes to undertake the following project and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below:
Project: Police/City Hall Remodel
Maximum Amount of Bonds Expected to be issued for Project: $26,500,000 (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section
1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the
-2-
foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be
capital expenditures or costs of issuance of the reimbursement bonds.
3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the projects, other than
pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected
that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds.
4. Reimbursement Allocations. The City’s financial officer shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the
transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse
the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement
bonds and shall specifically identify the original expenditures being reimbursed.
ADOPTED by the City Council on June 18, 2024.
___________________________
Ronald A. Case, Mayor ATTEST:
___________________________ David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Scott Gerber, Fire Chief
ITEM DESCRIPTION:
Adopt Hennepin County All-Hazard Mitigation Plan
ITEM NO.:
VIII.G.
Requested Action
Move to: Adopt Resolution approving Hennepin County All-Hazard Mitigation Plan. Synopsis
Hennepin County’s All-Hazard Mitigation Plan has been updated in 2024. The initial plan was development and approved in 2011, an update approved in 2018 and this most recent update in 2024. The plan has been approved by FEMA pending the approval by the local jurisdictions within Hennepin County of the Hennepin County Plan. As the City’s Emergency Management Director, I have reviewed the plan and find it acceptable.
Background Information The Hennepin County Multi-Jurisdictional All-Hazards Mitigation Plan was reviewed by FEMA
based on the local criteria contained in 44 CFR Part 201, as authorized by the Disaster Mitigation Act of 2000, and has met all the criteria for a multi-jurisdictional hazard mitigation plan. Meeting these criteria has given us an “approved pending adoption” status. In order for Hennepin County to receive formal approval of the plan, there needs to be adoption
by both Hennepin County and the participating jurisdictions. Hennepin County Emergency Management has received approval from the County Board. The Hennepin County All-Hazard Mitigation Plan will make the county and participating jurisdictions (Eden Prairie) eligible to receive FEMA hazard mitigation assistance grants. The Hennepin County All-
Hazard Mitigation Plan can be requested from the Hennepin County Emergency Management office. Attachments
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024- A RESOLUTION ADOPTING THE HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN
WHEREAS, the City of Eden Prairie has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and
WHEREAS, the Act establishes a framework for the development of a multi-jurisdictional County Hazard Mitigation Plan; and
WHEREAS, the Act as part of the planning process requires public involvement and
local coordination among neighboring local units of government and businesses; and
WHEREAS, the Hennepin County Plan includes a risk assessment including past
hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and
WHEREAS, the Hennepin County Plan includes a mitigation strategy including goals
and objectives and an action plan identifying specific mitigation projects and costs; and
WHEREAS, the Hennepin County Plan includes a maintenance or implementation
process including plan updates, integration of the plan into other planning documents and how Hennepin County will maintain public participation and coordination; and
WHEREAS, this multi-jurisdictional Plan was updated by the cities and Hennepin
County in 2024, and in 2018 since the initial adoption in January, 2011. WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for
review and comment; and
WHEREAS, the Hennepin County All-Hazard Mitigation Plan will make the county and
participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and
WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan.
NOW THEREFORE BE IT RESOLVED that the City of Eden Prairie supports the hazard mitigation planning effort and wishes to adopt the Hennepin County All-Hazard
Mitigation Plan.
ADOPTED, by the City Council of the City of Eden Prairie, on the 18th day of June, 2024.
______________________________ Ron Case, Mayor
ATTEST:
______________________________
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Lori Haak Public Works / Engineering
ITEM DESCRIPTION: IC# 24825
Approve Agreement with Barr Engineering Co. for the Development of Design Standards for Bioretention Facilities
ITEM NO.:
VIII.H.
Requested Action
Move to: Approve the Agreement between Barr Engineering Co. and the City of Eden Prairie for the Development of Design Standards for Bioretention Facilities
Synopsis This agreement allows the City to work with Barr Engineering to develop design standards, specifications, and checklists for bioretention facilities. These will be used by City staff to amend City Code with new standards and develop a separate surety requirement for bioretention facilities.
Costs associated with this agreement will be paid from the stormwater utility fund.
Background Information Stormwater management is regulated by federal (EPA), state (MPCA) and local (watershed districts, municipalities) government agencies. To reduce the impacts of development on surface waters (like lakes, creeks, and the Minnesota River), developers must design to water quantity and
water quality standards. Developers increasingly employ bioretention facilities (vegetated
depressions designed for stormwater management) to meet these standards. The City (under its municipal stormwater permit from the MPCA) is responsible for maintaining bioretention basins that receive stormwater from public property. Typically, these basins are located on City-owned outlots or within City right of way.
Bioretention basins rely on native vegetation in conjunction with engineered subsoils to achieve
required water treatment and/or retention. It can be difficult for general grading contractors and seeding contractors to correctly construct and maintain them. As a result, many basins turned over to the City do not meet the design or aesthetic standards of City employees or residents (e.g., Stable Path, Prairie Heights). It has been challenging for City employees to hold developers to a high
standard for basin performance and aesthetics within the parameters of our existing land alteration
permit and surety requirements. For example, it is difficult to ensure native vegetation is well-established prior to surety release. Native vegetation can take 3-5 growing seasons to establish well enough to outcompete weedy species. The dedicated surety for bioretention facilities will be smaller than the overall land alteration surety for developments, allowing the City to hold it for
more than 2 seasons and condition its release on factors specific to bioretention facilities.
This agreement with Barr Engineering will help develop design standards, specifications, and checklists for bioretention facilities. These will be used by City staff to amend City Code with new standards and develop a separate surety requirement for bioretention facilities.
Costs associated with this agreement will be paid from the stormwater utility fund.
Attachments
Agreement
2024 03 08
Version 2024 03 08
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _ th_ day of _ June , 20_24_, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _ Barr Engineering Co. _ (“Consultant”), a Minnesota _Corporation_ (hereinafter “Consultant”) whose business address is _4300 Market Pointe Drive
#200, Minneapolis, MN 55435_.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for _the Development of Design Standards for Bioretention Facilities_ 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 ( “Agreement for the Development of Design Standards for Bioretention
Facilities to be Transferred to City Management” ) in connection with the Work. Exhibit
A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from _June 19, 2024_ through June 18, 2025_ 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 $ 38,800.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
Page 2 of 10 2024 03 08
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
Page 3 of 10 2024 03 08
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. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid.
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails 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
Page 4 of 10 2024 03 08
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
Page 5 of 10 2024 03 08
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
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k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless
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of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with
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the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any
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previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
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a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________ ___ _____
Mayor
______________________________ _____ City Manager
BARR ENGINEERING CO.
By: Scott Sobiech Its: Vice President
Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com
May 30, 2024
Lori Haak Water Resources Coordinator City of Eden Prairie 15150 Technology Dr. Eden Prairie, MN 55344
Re: Scope of Work for the Development of Design Standards for Bioretention Facilities to be Transferred to City Management
Dear Lori Haak:
Thank you for retaining us. We will do our best to justify your expression of confidence in us. This letter presents a proposed scope of work regarding the development of specifications for stormwater facilities to be transferred to City management. Please review the scope, schedule, and budget for the project described below. If it is acceptable, please sign and return this Agreement. We are happy to adjust this agreement to best meet your needs. Scope of Work Work Product One: Bioretention Design Standards
This project involves the development of bioretention design standards for developers constructing basins that the City will maintain. The document developed will be organized and clearly state design expectations. Its contents will be like that of specifications, but more concise. The scope of professional consulting services we will provide includes:
1. Facilitate a meeting with City staff to discuss concerns about BMPs that the City has undertaken management and expectations to be set. This meeting will produce a list of issues to be addressed and expectations to be met within the standards to be developed. 2. Barr will develop draft standards to include descriptions of:
a. Excavation and grading i. Basin placement ii. Basin depths iii. Basin side slopes iv. Sediment forebay b. Basin structures design
i. Pretreatment structure
ii. Catch basin with splash block inlet system
iii. Underdrain system
iv. Inlets and outlet structures
City of Eden Prairie; Scope of Work for the Development of Design Standards for Bioretention Facilities to be Transferred to City Management May 30, 2024 Page 2
c. Develop details building upon the MPCA State Stormwater Manual details:
i. Catch basin with splash block inlet system
ii. Surface flow inlet system
iii. Drain tile and clean out system
iv. Cross section of an infiltration basin
v. Cross-section of a filtration basin
vi. Outlet structure
d. Bioretention soils
i. Bioretention soil mixes to be required for infiltration and filtration basins
including two filtration media specifications.
e. Vegetation establishment and maintenance standards
i. Including plant lists:
1. High visibility/high diversity
a. Seed mix for the dry basin side slopes
b. Plug list for wet basin bottoms (we typically require plugs to
be planted in basin bottoms because water movement
prevents seed germination and even distribution)
2. Low visibility/low diversity
a. Seed mix for the dry basin side slopes
b. Plug list for basin bottom
3. Shade species
a. Seed mix for the dry basin side slopes
b. Plug list for basin bottom
4. Shrub species lists
a. For basin side slopes
b. For basin bottom 3. Submit draft standards to City staff for review. 4. Meet with City staff to review comments on the draft standards. 5. Revise the standards to address staff comments. Two rounds of such revisions are included. 6. Submit final work products.
Work Product Two: Compliance Verification for Bioretention Facilities
Develop a document that outlines the process expected of developers for verifying compliance with the bioretention standards develop in work product one. Two versions will be developed – one for developers and the other directed to City staff. This will include elements such as pre-design requirements, construction inspections, and submittals. The document may be organized as the standards developed in Product One -e.g. design, bidding, construction, maintenance, with an additional checklist specifically for aspects to be reviewed at project handoff. Check lists could be developed for each section. City staff would be heavily involved in the development of this document.
City of Eden Prairie; Scope of Work for the Development of Design Standards for Bioretention Facilities to be Transferred to City Management May 30, 2024 Page 3
The scope of professional consulting services we will provide includes:
1. Facilitate a meeting with City staff to explore where they would prefer to intervene in bioretention basin the design and construction process. 2. Develop a draft compliance verification document and submit it to staff for review. 3. Conduct a virtual meeting to discuss comments on draft document. 4. Incorporate comments into final document. 5. Provide final document. Schedule This Agreement will be effective for the duration of the services unless terminated earlier by either you or us. We will commence work upon receipt of a copy of this letter signed by you. We expect to complete the project within sixteen weeks of the project kick-off. Budget Work Product One Budget: Bioretention Design Standards for Developers: $30,700 Work Product Two Budget: Compliance Verification for Bioretention Facilities: $8,100 For the services provided, you will pay us according to the attached Standard Terms. We will bill you. The cost of the services will not exceed $38,800 without prior approval by you. We understand Lori Haak will have the authority to direct us. We will direct communications to Ms. Haak at the address on this letter. Direction should be provided to Fred Rozumalski at the letterhead address. If this Agreement is satisfactory, please sign the enclosed copy of this letter in the space provided and return it to us. Sincerely yours, BARR ENGINEERING CO.
Scott Sobiech, P.E.
Its Vice President
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: #24801
Approve Professional Services Agreement with Braun Intertec Corporation for Construction Testing Services for 2024 Pavement Rehab Project
ITEM NO.:
VIII.I.
Requested Action
Move to: Approve the Professional Services Agreement with Braun Intertec Corporation for Construction Testing Services for the 2024 Pavement Rehab Project in the amount of $39,884.00. Synopsis This Professional Services Agreement will provide construction materials testing services for the 2024 Pavement Rehab Project. Construction will take place this summer. Background Information The Bituminous Pavement Rehab Project is an annual street maintenance project that includes mill and overlays, underseals and full depth reclamation projects. These projects are done to avoid full reconstruction projects which are much more costly and intrusive. The testing Braun Intertec will
perform is to assure that the materials used by the contractor meets the required specifications. Financial Implications The Professional Services Agreement with Braun has an estimated cost of $39,884. Funding for
the project is from Pavement Management funds. Attachment Professional Services Agreement
2024 03 08
Version 2024 03 08
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 18th day of June, 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Braun Intertec Corporation (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 11001 Hampshire Avenue S., Minneapolis, MN 55438.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for 2024 Pavement Rehab Construction Materials Testing Services hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (letter dated May 24, 2024) in connection with the Work. Exhibit A is intended
to be the scope of service for the work of the Consultant. Any general or specific
conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from June 24, 2024 through October 31, 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 $39,884.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the
City.
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
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actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
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Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails 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.
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For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate
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$100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by
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Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of
Page 7 of 10 2024 03 08
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant
to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of
Page 8 of 10 2024 03 08
mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Page 9 of 10 2024 03 08
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to
Page 10 of 10 2024 03 08
examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____ Mayor ______________________________ _____
City Manager
CONSULTANT
By:
Its:
Braun Intertec Corporation
11001 Hampshire Avenue S
Minneapolis, MN 55438
Phone: 952.995.2000
Fax: 952.995.2020
Web: braunintertec.com
AA/EOE
May 24, 2024 Proposal QTB196216
Ms. Ashton Kogel
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Proposal for Construction Materials Testing Services
2024 Pavement Rehabilitation Project
City Project: IC 24801
Eden Prairie, Minnesota
Dear Ms. Kogel:
Braun Intertec Corporation appreciates the opportunity to provide this proposal to provide construction
materials testing services for the City of Eden Prairie’s 2024 Pavement Rehabilitation Project.
Our Understanding of Project
Per our previously performed work and the plans provided, we understand the City’s 2024 project will
include the following repairs:
▪ Full-depth reclamation - FDR (about 5.2 miles)
▪ 2-inch mill-and-overlay (about 4.6 miles)
▪ 3.5-inch mill-and-overlay with undersealing (about 0.9 miles).
We understand work with the construction contractor will begin no earlier than June 24, 2024, and is to
be completed by August 30, 2024.
Available Project Information
This proposal was prepared using the following documents and information.
▪ Our Pavement Evaluation Report dated January 17, 2024 (Braun Intertec project number
B2306627).
▪ Request for Proposal email prepared by Ashton Kogel with the City of Eden Prairie and sent
on April 23, 2024.
▪ Estimates provided by the city of overlay quantities.
▪ City of Eden Prairie Bid Plans for the 2024 Pavement Rehabilitation Project I.C. 24801
document, as provided by Ashton Kogel on April 23, 2024.
▪ City of Eden Prairie Special Conditions for 2024 Bituminous Mill & Overlay, Underseal, and
Reclamation Project I.C. 24801 document, as provided by Ashton Kogel on April 23, 2024.
City of Eden Prairie
Proposal QTB196216
May 24, 2024
Page 2
Scope of Services - Construction Material Testing
We propose the following tasks. If we encounter unfavorable or unforeseen conditions during the
completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to
discuss the conditions before resuming our services.
Services are performed under the direction of a licensed professional engineer. Testing services will be
performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project
representative. After reviewing available information to determine compliance with project plans and/or
specifications and other design or construction documents, our scope of services for the project will be
limited to the tasks defined below.
Soils Related Services (FDR streets)
▪ Sample and test full depth reclamation for compliance with the project documents. This task
includes laboratory gradation testing of full depth reclamation materials.
▪ Perform MnDOT dynamic cone penetrometer (DCP) tests on full depth reclamation
materials.
Bituminous Related Services (FDR and Mill-and-Overlay Streets)
▪ Randomly determine and mark pavement core locations.
▪ Obtain bituminous cores and measure the thickness and density of the compacted
bituminous pavement by the core method for compliance with the project documents. This
task includes coring equipment rental, performing the coring and patching the core holes.
▪ Laboratory testing of cores to determine density and measure thickness.
Consulting, Project Communication and Reporting Services
▪ Project management, including scheduling of our field personnel.
▪ Review test reports and communicating with you and the parties you may designate such as
the project contractor(s), and other project team members, as needed.
▪ Transmit test results to the project team on a weekly basis.
Basis of Scope of Work
The costs associated with the proposed scope of services were estimated using the following
assumptions. If the construction schedule is modified or the contractor completes the various phases of
the project at different frequencies or durations than shown in this proposal, we may need to adjust the
overall cost accordingly. The scope of work and number of trips required to perform these services are as
shown in the attached table. Notable assumptions in developing our estimate include:
▪ We understand compaction testing on full depth reclamation materials will be performed
using the Dynamic Cone Penetration (DCP) method; a minimum of three tests will be
conducted each trip with 11 trips assumed.
City of Eden Prairie
Proposal QTB196216
May 24, 2024
Page 3
▪ We assume we will core the bituminous pavement 2 times a week for 10 weeks. We also
assume we will perform up to six cores per trip.
▪ We assume we will use the contractor’s bituminous mixture properties to assist in
determining core density.
▪ Where required, we assume traffic control for all project areas will be provided for our coring
crews by the City of Eden Prairie and/or the contractor for this project.
▪ We understand your full-time on-site construction observer will observe the test rolling for
this project.
▪ You, or others you may designate, will provide us with current and approved plans and
specifications for the project. Modification to these plans must also be sent to us so we can
review their incorporation into the work.
▪ We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time.
Shorter than 24 hours’ notice may impact our ability to perform the requested services, and
the associated impacts will be the responsibility of others.
If the work is completed at different rates than described above, this proposal should be revised. If the
pace of construction is different than described above, this proposal should be revised.
Fees
We will furnish the services described herein for an estimated fee of $39,884. Our estimated costs are
based on industry averages for construction production. Depending on the contractor’s performance, our
costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated
hourly and/or unit rates associated with our proposed scope of services is also attached.
Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for
work we perform during each invoicing period.
Additional Services and Overtime
It is difficult to estimate all of the services, and the quantity of each service, that will be required for any
project. Our services are also directly controlled by the schedule and performance of others. For these
reasons, our actual hourly or unit quantities and associated fees may vary from those reported herein.
If the number of hours or units ultimately required exceed those assumed for purposes of this proposal,
they will be invoiced at the hourly or unit rates shown in the attached tabulation. If services are ultimately
required that have not been identified or described herein, they will be invoiced in accordance with our
current Schedule of Charges. Prior to exceeding our estimated fees, we will update you regarding the
progress of our work. Fees associated with additional services will be summarized in a Change Order and
submitted to you for review and authorization.
City of Eden Prairie
Proposal QTB196216
May 24, 2024
Page 4
This cost estimate was developed with the understanding that the scope of services defined herein will
be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through
Friday. Services that we are asked to provide to meet the project requirements or the contractor’s
construction schedule outside our normal work hours will be invoiced using an overtime rate factor. The
factor for services provided outside our normal work hours or on Saturday will be 1.25 times the normal
hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be
1.5 times the normal hourly rate for the service provided. We have not included premiums for overtime;
however, we recommend that allowances and contingencies be made for overtime charges. You will be
billed only for services provided on a time and material basis.
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. If anything in this proposal is not
consistent with your requirements, please let us know immediately. Braun Intertec will not release any
written reports until we have received a signed agreement. Also, ordering services from Braun Intertec
constitutes acceptance of the terms of this proposal.
The proposed fee is based on the scope of services described and the assumption that our services will
be authorized within 30 days and that others will not delay us beyond our proposed schedule.
City of Eden Prairie
Proposal QTB196216
May 24, 2024
Page 5
If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie
with this proposal included as Exhibit A.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Amy Grothaus at 651.261.7122 (agrothaus@braunintertec.com) or Andrew Valerius at
952.995.2242 (avalerius@braunintertec.com).
Sincerely,
BRAUN INTERTEC CORPORATION
Amy J. Grothaus, PE
Senior Manager, Senior Engineer
Andrew M. Valerius
Associate Director, Senior Project Manager
Charles M. Cadenhead Jr, PE
Vice President, Principal Engineer
Attachment:
Cost Estimate Table
Client:Service Description:Work Site Address:
Various City Streets
Eden Prairie, MN
City of Eden Prairie
Ashton Kogel
8080 Mitchell Rd
Eden Prairie, MN 55344
(952) 949-8300
Construction Materials Testing Services
Proposal Total:$39,884.00
Description Quantity Units Unit Price Extension
Phase 1 Construction Materials Testing
Activity 1.1 Soil Testing $6,264.00
1162 Sieve Analysis with 200 wash, per sample 8.00 Each 156.00 $1,248.00
217 Compaction Testing - DCP 33.00 Hour 94.00 $3,102.00
Work Activity Detail Qty Units Hrs/Unit Extension
DCP Testing 11.00 Trips 3.00 33.00
209 Sample pick-up 11.00 Hour 94.00 $1,034.00
Work Activity Detail Qty Units Hrs/Unit Extension
Sample Pick-up 11.00 Trips 1.00 11.00
1861 CMT Trip Charge 22.00 Each 40.00 $880.00
Activity 1.2 Pavement Testing $28,480.00
1542 Thickness and Density of Bituminous Core (ASTM D2726)120.00 Each 60.00 $7,200.00
252 Bituminous Coring, two person 80.00 Hour 220.00 $17,600.00
Work Activity Detail Qty Units Hrs/Unit Extension
Coring 20.00 Hours 4.00 80.00
1555 Bituminous patch material, per core 120.00 Each 24.00 $2,880.00
1861 CMT Trip Charge 20.00 Each 40.00 $800.00
Activity 1.3 Project Management $5,140.00
128 Senior Engineer/ Senior Project Manager 20.00 Hour 210.00 $4,200.00
238 Project Assistant 10.00 Hour 94.00 $940.00
Phase 1 Total:$39,884.00
Page 1 of 105/24/2024 08:40 AM
Project Proposal
QTB196216
City of Eden Prairie- 2024 Pavement Rehab #24801
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Adam Gadbois
Public Works / Engineering
ITEM DESCRIPTION: #23819
Approve Professional Services Agreement with SRF Consulting Group for Construction Administration Services for the Prairie Center Drive and
Franlo Road Intersection Improvements
Project
ITEM NO.:
VIII.J.
Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for
Construction Administration Services for the Prairie Center Drive and Franlo
Road Intersection Improvements Project. Synopsis
This Professional Services Agreement will provide construction administration services for
construction of a new traffic signal at the intersection of Prairie Center Drive and Franlo Road. Background Information
The intersection of Prairie Center Drive and Franlo Road has been recommended for
improvements since the Major Center Area study in 2012, which predicted that surrounding development would justify the need. Since that study, development and redevelopment has occurred in this area and this project will include installation of a new traffic signal to improve operations as the current situation includes a side street stop-controlled intersection with
extended side street delay. Additional improvements include new pedestrian facilities meeting
current requirements, and new roadway pavement from Flying Cloud Dr. to 200 feet east of Franlo Rd. Construction split into two phases requiring directional closures and detours for the travelling public. It is anticipated that construction will begin in August and be substantially complete by the end of October 2024.
Financial Implications The Professional Services Agreement with SRF has an estimated cost of $137,140.00. Funding for the project includes the City’s municipal state aid account, the transportation fund, and the
storm water utility fund.
Attachment Professional Services Agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Megan Larson
Public Works / Engineering
ITEM DESCRIPTION: I.C. 24807
Award Contract for the 2024 ADA Pedestrian Ramp Project to Q3 Contracting, Inc.
ITEM NO.:
VIII.K.
Requested Action
Move to: Award Contract for the 2024 Pedestrian Ramp Project to Q3 in the amount of $115,354.45. Synopsis 7 bids were received on Thursday, June 6, 2024. The bids received are summarized below.
Q3 Contracting, Inc. $115,354.45 Create Construction, LLC $121,321.50 Pember Companies, Inc. $148,178.95 BKJ Excavating $150,011.65
Ti-Zack Concrete, LLC $170,009.72 Concrete Idea, Inc. $173,083.50 JL Theis, Inc. $180,795.80 City staff recommend awarding the contract for the project to Q3 Contracting, Inc., in the amount of
$115,354.45. Background Information This contract provides for the construction of pedestrian ramp improvements as part of the City’s ADA
Transition Plan. Ramps included in this project are along Chestnut Drive, Windson Drive, and Carmody Drive. The selected ramps are in a priority area as part of the ADA Transition Plan, and this project is in anticipation of the 2025 pavement management program for these streets. Project Cost Summary
Q3 Contracting Inc.’s low bid is within the Engineer’s Estimate for this project of $142,399.50. This project will utilize the Capital Maintenance and Reinvestment Funds. Attachment Contract Agreement
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 18th day of June 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Q3 Contracting, 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:
IC #24807 2024 ADA Pedestrian Ramp 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 $115,354.45. 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
DATE:
June 18, 2024
DEPARTMENT / DIVISION:
Fire Department
Steve Kartak, Building Official
ITEM DESCRIPTION:
Approve Agreement for Demolition and Removal of Hazardous Building at 17391 Rustic Hills Drive
ITEM NO.:
VIII.L.
Requested Action Move to: Approve Agreement with Bollig & Sons, Inc. for Demolition and Removal of Hazardous
Building at 17391 Rustic Hills Drive in the amount of $29,309. Synopsis The home located at 17391 Rustic Hills Drive was severely damaged by a fire on April 14, 2023. The
City’s Building Official conducted an inspection that confirmed that the building is structurally unsafe
and must be demolished. Despite efforts to require the property owner to demolish and remove the home, the property owner has failed to do so. On May 7, 2024, the Council adopted a resolution declaring that the house is a hazardous building and ordering its removal under the process provided by Minnesota Statutes Chapter 463.
The property owner has failed to comply with the order, and the City Attorney has filed a motion in Hennepin County District Court for summary enforcement of the Council’s order. A motion hearing is scheduled for June 25, 2024. If the court grants the motion, the City will be permitted to undertake the demolition and removal and specially assess the property for its cost incurred in doing so.
While the City may not proceed unless and until the court grants the motion, staff has solicited quotes from three contractors for the demolition work in order to proceed as quickly as possible. Staff has received the following quotes:
Bollig & Sons, Inc. $29,309.00
Final Grade, Inc. $32,716.64 Lloyds Construction Services $52,990.00 Staff recommends contracting with the lowest-cost proposer, Bollig & Sons, Inc. The contract will be
contingent upon the issuance of the court order allowing the City to proceed with demolition. Attachment
Agreement for Contract Services
(rev. 6/2024)
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 18th day of June, 2024, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bollig & Sons, Inc., a Minnesota corporation (hereinafter "Contractor") whose business address is 11401 County Road 3, Hopkins, MN 55343.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the demolition and
removal of a hazardous building at 17391 Rustic Hills Drive, hereinafter referred to as the “Work”.
The City and Contractor agree as follows:
1.Scope of Work. The Contractor agrees to provide, perform and complete all the provisions ofthe 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 ExhibitA are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2.Effective Date and Term of Agreement. This Agreement shall become effective as of June18, 2024. The Work shall be completed within thirty-one (31) days of Contractor’s receipt ofwritten notice to proceed from the City.
3.Obligations of Contractor. Contractor shall provide the materials and services as set forth in
Exhibit A.
4.Compensation for Services. City agrees to pay the Contractor a fixed sum of $29,309 as full
and complete payment for the labor, materials and services rendered pursuant to thisAgreement and as described in Exhibit A.a.Any changes in the scope of the work which may result in an increase to thecompensation due the Contractor shall require prior written approval by an authorizedrepresentative 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,unknown site conditions, 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, dueto the delay.
Standard Agreement for Contract Services (rev. 6/2024)
Page 2 of 10
5. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City.
b. Claims. By making the claim for payment, the person making the claim is declaring that the 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. 6. Project Manager. The Contractor shall designate a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of
the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. 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 to the extent directly 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. Contractor shall be responsible
for costs, delays or damages incurred by the City to the extent directly arising from unreasonable delays under Contractor’s control in the performance of its duties. 8. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence
Standard Agreement for Contract Services (rev. 6/2024)
Page 3 of 10
$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. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, and Automobile Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All policies, 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.
Standard Agreement for Contract Services (rev. 6/2024)
Page 4 of 10
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 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.
Standard Agreement for Contract Services (rev. 6/2024)
Page 5 of 10
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.
9. 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, to the extent directly caused by 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.
10. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under
the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar
days after receiving written notice and without expense to the City, to begin to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City, unless a longer timeframe is
agreed to by the parties. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and
(c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties.
Standard Agreement for Contract Services (rev. 6/2024)
Page 6 of 10
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 fifteen (15) 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. 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.
d. Notwithstanding the foregoing provisions of this paragraph 11, the City may terminate this Contract at any time prior to issuing a notice to proceed if the City does not receive permission from the Hennepin County District Court to undertake the Work.
12. 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. 13. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall
be subject to mediation as a condition precedent to initiating 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
Standard Agreement for Contract Services (rev. 6/2024)
Page 7 of 10
Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided
by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. 19. Damages. In the event of a breach of this Agreement by either Party, no Party shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the
Standard Agreement for Contract Services (rev. 6/2024)
Page 8 of 10
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the
parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other
BOLLIG & SONS INC.
11401 COUNTY ROAD 3
HOPKINS, MN 55343
952-938-4133
office@bolligandsons.com
May 21, 2024
City of Eden Prairie
Attn: Steve Kartak
612-600-6768
skartak@edenprairie.org
JOB SITE: 17391 Rustic Hill Drive, Eden Prairie
JOB DESCRIPTION:
Apply for demo permit at city. Price $ 100
Escrow fee. Price $ 50
Asbestos testing. Price $ 675
Asbestos removal if found. Price $ TBD
Disconnect gas, electrical, telephone. Price $ 12
Disconnect sewer and water with permit. Price $ 1,927
Provide and install silt logs or silt fence on property line. Price $ 1,038
Remove 3 trees and stumps, haul debris off site (trees are burned). Price $ 1,325
Disconnect A/C, remove freon. Price $ 335
There is 30” of water in basement, pump water out of basement. Price $ 400
Remove all personal items left behind clothes, furniture, paints, chemicals, t.v., appliance, etc. Price $ 3,575
Demolish home, foundation, sidewalk, patio, driveway, haul debris off site. Price $ 15,892
Import common fill, fill foundation hole back up to grade, compact soil as needed. Price $ 3,580
Provide and hand seed disturbed areas. Price $ 400
NOTE:
We have included a price to test for asbestos containing materials. Once we receive the test results, we will provide a
quote for removal. If you choose to use your own asbestos contractor, we will require all documentation prior to
demolition. Above machine and labor prices are good for 30 days. Material prices are good for 15 days.
Accepted Owner Signature:__________________________________________________ Date:_________________
Thank you for the opportunity to work with you on this project.
We do appreciate your business.
Respectfully,
Jim Beuch
612-369-5017
Exhibit A
Requested Action
Move to: Approve quote to upgrade approximately 145 phones, which are currently out of support, for a one-time cost of $31,474.10. Synopsis:
We have older models of phones in our environment that are no longer supported, and need to be upgraded. We will upgrade 92 phones to Mitel 6915, 35 phones to Mitel 6930 and 18 phones to Mitel 6940 models. Background: Phone models are selected based on user role and requirements. We will also purchase wireless headsets for users as required, and wall mounts as applicable. These replacements were budgeted in the IT CIP budget.
Attachments: Marco quote for phone replacements.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Phone upgrades
ITEM NO.:
VIII.M.
Stephanie Ward
Prepared By:
Senior Technology Advisor
651-634-6164
Stephanie.Ward@marconet.com
Quote Number: 179009
PROPOSAL FOR
CITY OF EDEN PRAIRIE
RYAN HIGGINS
May 14, 2024
SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT
AGREEMENT(S)
IT - Phone Replacement Quote -- CITY OF EDEN PRAIRIE
Prepared by:Prepared for:Ship To:Quote Information:
Marco - Twin Cities CITY OF EDEN PRAIRIE CITY OF EDEN PRAIRIE Quote #: 179009
Stephanie Ward
651-634-6164
Stephanie.Ward@marconet.co
m
8080 MITCHELL RD
EDEN PRAIRIE, MN 55344
RYAN HIGGINS
952.949.8401
rhiggins@edenprairie.org
8080 MITCHELL RD
EDEN PRAIRIE, MN 55344-
2203
RYAN HIGGINS
952.949.8401
rhiggins@edenprairie.org
Version: 2
Date Issued: 05/14/2024
Expiration Date: 06/24/2024
Special Pricing Program:
Sourcewell/NJPA
Products
Description One-Time Qty Ext. One-Time
This quote is based on the Mitel Sourcewell contract #120122-MBS
MITEL 6915 IP PHONE $143.00 92 $13,156.00
Mitel 6930w IP Phone - Cordless - Corded/Cordless - Bluetooth, Wi-Fi - VoIP - IEEE
802.11a/b/g/n - 2 x Network (RJ-45) - PoE Ports
$292.50 35 $10,237.50
MITEL 6940W IP PHONE $386.75 18 $6,961.50
Mitel Wall Mount for IP Phone - 10 / Pack $225.55 2 $451.10
Mitel DECT Headset compatible with 6930w and 6940w phones
Mitel Integrated DECT Headset (NA)$214.50 14 $3,003.00
Subtotal:$33,809.10
Discounts
Description One-Time Qty Ext. One-Time
One-Time Product Discount ($2,335.00)1 ($2,335.00)
Mitel Additional Discount on Bulk Order Expires 6/24/2024. If the number of phones decreases the discount will not apply.
Subtotal:($2,335.00)
2
SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT
AGREEMENT(S)
Quote Summary - One-Time Expenses
Description Amount
Products $33,809.10
Discounts ($2,335.00)
Total:$31,474.10
Payment Options
Description Payments Interval Amount
One-Time Payment
One-Time Payment 1 One-Time $31,474.10
Summary of Selected Payment Options
Description Amount
One-Time Payment: One-Time Payment
3
SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT
AGREEMENT(S)
Approval
Client represents that it has reviewed and agrees to be legally bound by this Schedule of Products.
Client represents that it has reviewed and agrees to be legally bound by the Relationship Agreement, any Product
Agreement(s) referred to herein, and applicable policy(ies) (“Terms and Conditions”) which are located at
www.marconet.com/legal for the Products it is obtaining as identified in this Schedule of Products.
If the parties have negotiated changes to the Terms and Conditions that have been reduced to writing and signed by both
parties, the modified version(s) of such Terms and Conditions, that have not expired or been terminated, shall replace
the online version(s).
Client agrees to use electronic signatures, electronic communications, and electronic records to transact business under
the above documents.
The pricing above does not include taxes. Taxes, fees and surcharges shall be paid by Client and will be shown on
invoices to Client.
Payments made via credit card are subject to a 3% surcharge.
A $30 fee will be assessed for any returned payment
Marco Technologies, LLC CITY OF EDEN PRAIRIE
Signature:
Name:
Title:
Date:
Prepared for:Aditi Salunke
Signature:
Signed by:
Title:
Date:
PO Number:
Email Address:
4
Rick Getschow
City Manager
June 18, 2024
asalunke@edenprairie.org
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Accept Bids and Award Contract for the Flying Red Horse Monument Sign to Construction Results Corporation
ITEM NO.:
VIII.N.
Motion
Move to: Accept the bids and authorize entering into a contract with Construction Results
Corporation for the Flying Red Horse Monument Sign Project in the amount of $209,409.00. Synopsis
Bids were publicly advertised and opened on May 30, 2024. Bids were received from six contractors with the low bid coming from Construction Results Corporation. The remaining five bids with accepting both alternates ranged in price from $281,500.00 to $493,250.00. Construction Results Corporation has successfully completed similar projects for the City and other surrounding communities.
Background Staff has been working with WSB to restore the historic flying red horse sign and have it placed
on a foundation at the corner of Flying Cloud Drive and Town Center Place. Concepts and the final design have been presented to the Parks, Recreation and Natural Resources Commission and City Council, all who recommended continuing the project through bidding. The engineers estimate for the project was $619,375.00 and recommends accepting the bid with both alternates from Construction Results Corporation.
Attachment Construction Contract Agreement Bid Summary Letter of Recommendation from WSB
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 18th day of June, 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Construction Results Corporation, 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: Flying Red Horse Monument Sign
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 $209,409.00. 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 _Construction Results Corporation________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
PROJECT:
OWNER:City of Eden Prairie
WSB PROJECT NO.:
021400-000
Bids Opened: Thursday, May 30, 2024, at 1:00 pm
Contractor
Bid
Security
(5%)
BASE BID ALTERNATE 1
Select Granular
Embankment
ALTERNATE 2
Box Sign with
Letters
Base Bid and
Alternate 1 and
Alternate 2
1 Construction Results Corporation X $184,909.00 $4,500.00 $20,000.00 $209,409.00
2 Urban Companies X $210,000.00 $1,500.00 $70,000.00 $281,500.00
3 Indigo Signs X $382,376.19 $10,144.95 $22,500.00 $415,021.14
4 Vinco, Inc.X $394,700.00 $300.00 $2,000.00 $397,000.00
5 Albrecht Sign Company X $410,705.00 $975.00 $66,200.00 $477,880.00
6 Blackstone Contractors, LLC X $432,500.00 $750.00 $60,000.00 $493,250.00
Engineer's Opinion of Cost $499,000.00 $375.00 $120,000.00 $619,375.00
Denotes corrected figure
Robert Slipka, LA
BID TABULATION SUMMARY
I hereby certify that this is a true and correct tabulation of the bids as received on May 30, 2024.
Flying Red Horse Monument Sign
K:\021400-000\Admin\Construction Admin\Bidding\021400-000 Bid Summary 053024
K:\021400-000\Admin\Construction Admin\Bidding\021400-000 LOR 053024.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM May 30, 2024
Honorable Mayor and City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Re: Flying Red Horse Monument Sign City of Eden Prairie, MN WSB Project No. 021400-000
Dear Mayor and Council Members:
Bids were received for the above-referenced project on Thursday, May 30, 2024, and were opened and read aloud. Six bids were received. The bids were checked for mathematical
accuracy. Please find enclosed the bid summary indicating the low bid as submitted by Construction Results Corporation, Plymouth, MN in the amount of $184,909.00 for the Base Bid.
The Engineer’s Estimate was $499,000.00 for the Base Bid.
In addition, there were two alternat bids on this project. Construction Results Corporation bids for these alternates are noted below:
Alternate 1 – Select Granular Embankment $ 4,500.00
Alternate 2 – Box Sign with Letters $20,000.00
We recommend that the City Council consider these bids and award a contract for the Base Bid and both Alternates in the amount of $209,409.00 to Construction Results Corporation, based on
the results of the bids received.
Sincerely,
WSB
Robert Slipka, LA Landscape Architect
Attachments
cc: Candace Amberg, WSB
kkp
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Approve the Lease Extension for the Riley Lake Park Rental House
ITEM NO.:
VIII.O.
Motion
Move to: Approve the Lease Extension for one year with Nathan Lovas and Autumn Brown
Lovas for the Riley Lake Park Rental House. Synopsis The tenants of the Riley Lake Park rental house have been renting the historic Riley-Jacques house since 2011 and have expressed interest in extending the lease for one year.
Background
The City has been renting the Riley-Jacques house at Riley Lake Park for many years. Nathan and Autumn Brown Lovas have been renting the house since 2011. Having someone in the house has allowed the City to gain revenue, but more importantly, has kept someone in the home caring for and
protecting this historic site. Staff has purposely kept rent low compared to other rental properties because of the renter’s responsibility for the high cost of heating the home and the intensive care needed to maintain the home.
Attachment Lease Extension
LEASE EXTENSION
This Lease Extension (“Extension”), is made and entered into this 18th day of June, 2024 between the City of Eden Prairie (“Landlord”) and Nathan Lovas and Autumn Brown Lovas (“Tenants”).
In consideration of the covenants and agreements contained herein, the parties agree as follows:
1. LEASE EXTENSION. The parties agree to extend for one additional year that certain Minnesota Standard Residential Lease between Landlord and Tenants for the property located at 9100 Riley Lake Road, Eden Prairie, MN 55347 (“Lease”). The Lease runs
through June 30, 2024. This Extension will begin on July 1, 2024 for a term of 12
months. 2. MONTHLY RENT. Beginning July 1, 2024 the monthly rent amount due will be $695.00 per month.
3. RENTER’S INSURANCE. Tenant must procure and carry liability insurance and name the City as an additional insured for the term of this extension providing coverage in the minimum amount of Twenty Five Thousand Dollars ($25,000) Personal Property and Five Hundred Thousand Dollars ($500,000) Liability Limit.
4. ALL OTHER TERMS. All other terms of the Lease will remain in full force and effect for the duration of this Extension.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LANDLORD: TENANTS:
CITY OF EDEN PRAIRIE NATHAN LOVAS BY: _____________________________
Name: _________________________
ITS: ___________________________ AUTUMN BROWN LOVAS BY:
Name: ________________________
ITS: ___________________________ _____________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Amy Markle, Director, Parks and Recreation
ITEM DESCRIPTION:
4th of July Fireworks Contract with
RES Pyro
ITEM NO.:
VIII.P.
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 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 complement the traditional fireworks display!
Attachment
Standard Agreement for Professional Services
Standard Agreement for Professional Services
4th Fireworks
This Agreement (“Agreement”) is made on the twenty-fourth day of May, 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 May 24, 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 ___Tracy Vanasek__ 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.
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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:
Cory Stinar
Director of Services
RES Pyro
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 18, 2024
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award contract for the 2024 Riley Lake Park Hardcourt Rehabilitation Project.
ITEM NO.:
VIII.Q.
Motion
Move to: Award contract for the 2024 rehabilitation of the Riley Lake Park hardcourt surfaces to DMJ Asphalt Inc. in the amount of $143,673.70. Synopsis The scope of this project is to remove the existing bituminous, fencing, net posts & anchors, and aging basketball hoops. The area will then be regraded, compacted, repaved, and new
bituminous, fencing, net posts & anchors, and basketball hoops will be installed. Following construction, the courts will receive new sport court surfacing via a 2-coat color system using acrylic resurfacing with filler and acrylic color with filler. The courts will be lined for 1 USTA tennis court, 4 pickleball courts, and 1 basketball court. With these courts being distanced from residential property, this facility is a great opportunity for Parks to provide additional pickleball
courts to meet growing demand. Background Riley Lake Park hardcourts were last rehabilitated in 2013 and resurfaced in 2022 with the intent to extend the life of this facility to 2028 when they were scheduled for rehabilitation. The courts’
structural cracking and surface flaking were too significant for resurfacing to extend the facility’s life and will result in unsafe to playing conditions. Resurfacing the existing courts is no longer a viable option due to the extent of damage to the facility. Our recommendation is to rehabilitate these courts before hazardous conditions arrive to ensure the facility stays in a playable condition.
The staff estimate and budget for this project was $150,000.00. The funding for this rehabilitation project comes from the Cash Park Fees funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2024 Hardcourt Rehabilitation
DMJ Asphalt $143,673.70
BKJ Excavation $174,864.50
Minnesota Roadways $174,908.00
Bituminous Roadways $197,896.00
Attachment Form of Contract
(rev. 6/2024)
Construction Contract
This Contract (“Contract”) is made on the 18th day of June 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and DMJ Asphalt Inc., a Minnesota Incorporation (hereinafter "Contractor") whose business address is 2392 Pioneer Trail Medina, MN 55340.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for the 2024 Riley Lake Park Hardcourt Rehabilitation Project hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to
or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in
effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be
completed by September 30th, 2024.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $143,673.70 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
Standard Construction Contract (rev. 6/2024) Page 2 of 14
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid.
c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate from the
Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract (rev. 6/2024) Page 3 of 14
6. Project Manager and Staffing. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
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10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
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f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
Standard Construction Contract (rev. 6/2024) Page 6 of 14
shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the
City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor
shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria
required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that
the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of
Standard Construction Contract (rev. 6/2024) Page 7 of 14
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City.
20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
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d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy,
shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract.
j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
Standard Construction Contract (rev. 6/2024) Page 9 of 14
of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also
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may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of
this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating 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 legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period of
time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original.
28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
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termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change.
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35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this
Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by
Contractor in performing any of the functions of the City during performance of this
Contract is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
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CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
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EXHIBIT A Proposal/Scope of Work
Requested Action Move to:
• Close the Public Hearing; and
• Approve the first reading of an Ordinance for a Zoning District Change from Office (OFC) to Industrial (I-2)
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions
• Authorize the issuance of an early Land Alteration Permit for Nexus Innovation Center at the request of the Developer subject to the conditions outlined in the permit Synopsis The applicant is requesting approval to build a 185,733 square foot one-story industrial building on the property located at 6131 Blue Circle Drive. The site is 14.35 acres and was previously occupied by
American Family Insurance. The property is in the far northeast corner of the City between the west bound on-ramp to Highway 62 from Highway 212 and the northern city limits. The proposed building is in the middle of the site with parking surrounding the building. The front of the building will face the highway and the back of the building (loading docks) will face Blue and Yellow Circle Drives. The northern edge of the property is the municipal boundary between Minnetonka and Eden Prairie. The property is guided
Industrial Flex Tech and zoned Office. The applicant is requesting approval of a zoning change to the Industrial (I-2) Zoning District, which is consistent with the guiding. No waivers are requested.
Background
Planning Commission Recommendation
The Planning Commission held a public hearing on May 28, 2024. With a vote of 8-0, the Commission approved the project. City of Minnetonka Comments
Comments were received from the City of Minnetonka and a copy is attached. Several of the comments
included changes requested by Minnetonka. The plans have been revised to address the changes. The City of Minnetonka has reviewed the trail location. The termination/touchdown points in the right-of-way must be approved by Minnetonka and will be addressed in the Development Agreement.
Parking
CITY COUNCIL AGENDA
SECTION: Public Hearings and Meetings
DATE
June 18, 2024
DEPARTMENT / DIVISION:
Julie Klima/Beth Novak-Krebs
Community Development/Planning
ITEM DESCRIPTION
Nexus Innovation Center
ITEM NO.
IX.A.
The number of parking spaces is based on speculative uses within the building, including17,440 square feet of office space and 168,293 square feet of warehouse space. The floor plan as proposed requires 171
parking stalls and the site plan includes 278 stalls.
Even though the site plan as proposed includes more parking stalls than required under the proposed mix of office and warehouse space, the number of spaces allows for flexibility for possible additional office or manufacturing uses. Additional spaces could be provided on site for flexibility depending on the mix
of office and warehouse space and potential added manufacturing space. If the number of parking stalls
required by the mix of uses in the building exceed 278 parking stalls, the owner will be required through the Development Agreement to contact the City to discuss implementing the “Future Parking” Plan, which includes 143 potential parking stalls in the loading dock area. The parking will include 7 EV capable parking stalls.
Building Architecture and Materials The parapets at the main entrances along the south façade has been raised up to emphasize the entrances and visually anchor the corners of the building, but it left 225 feet of façade between the entrances with no roofline variation. Based on a recommendation made by staff, the applicant raised the parapet at the
vertical elements to provide more roofline variation. The west and east facades have similar vertical
elements, which was addressed. See building elevations below.
Revised Elevation
Previous Elevation
The Industrial zoning requires 75% of each façade to consist of two contrasting yet complimentary class I materials with one color variation. The class I material on the building includes architectural precast with
scoring, glass, and cultured stone. The colors of the class I material include light tan, medium tan, dark
bronze and limestone. Each façade complies with and exceeds the building material requirements. The building shell designed to be capable of supporting future solar panels. Landscaping and Tree Replacement
The landscaping requirement is 1,160 caliper inches, which is provided. The landscaping is robust and
includes trees, shrubs, and perennials. The plan provides a buffer along the east property line, trees and shrubs along Blue Circle and Yellow Circle Drive to screen the loading areas, foundation plantings to add interest at the base of the building, and trees to enhance the existing plantings along the highway.
The applicant is proposing to save as many trees as they can around the perimeter of the site. The removal
of the significant and heritage trees on the site results in a tree replacement requirement of approximately 1,080 caliper inches. The applicant will meet the tree replacement through the payment in lieu option for tree replacement.
Attachments
1. City of Minnetonka Comments 2. Ordinance for Zoning Change 3. Staff Report
4. Planning Commission Minutes
NEXUS AT OPUS PARK
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 Office Zoning District and be placed in the Industrial (I-2) Zoning District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Office Zoning District and shall be included hereafter in the Industrial (I-2) Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision1, 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 Endeavor Nexus, LLC, 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 18th day of June, 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
Lot 1, Block 1, American Family Addition, Hennepin County, Minnesota. (Torrens Property - Certificate of Title No. 715407)
Project Site
City of Minnetonka
TO: Planning Commission
FROM: Beth Novak-Krebs, Senior Planner
DATE: May 28, 2024
SUBJECT: Nexus Innovation Center Development
LOCATION: 6131 Blue Circle Drive
APPLICANT:
REQUEST:
Endeavor Development, LLC
• Zoning Change from Office to I-2 on 14.35 acres
• Site Plan Review on 14.35 acres
120 – DAY REVIEW
PERIOD:
September 10, 2024
BACKGROUND
The applicant is requesting approval
to build a 185,733 square foot
industrial building on the property
located at 6131 Blue Circle Drive.
The site is 14.35 acres and was
previously occupied by American
Family Insurance. The property is in
the far northeast corner of the City
between the west bound on ramp
to Highway 62 from Highway 212
and the northern city limits.
The land on the north side of the
subject property is located in the
City of Minnetonka. The right-of-
way for Yellow Circle Drive and Blue
Circle Drive and the improvements
within the right-of-way are owned
by the City of Minnetonka. The
property is served by the City of
Minnetonka sanitary sewer and water.
The properties to the north are located in the City of Minnetonka in the area known the Opus Business Park. The
business park has a mix of uses including the Opus Light Rail Station, residential, office, industrial, and commercial. The
property to the east is occupied by a systems engineering company in Eden Prairie, the property to the west is a
vacant wooded lot in Eden Prairie and the land to the south is Highway 62 and 212.
No specific tenant(s) have yet been identified for the proposed building. At this time, the applicant anticipates the
building uses will be office and warehousing.
Staff Report – Nexus Innovation Center
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COMPREHENSIVE PLAN AND ZONING
The property is designated as Industrial Flex Tech in the Comprehensive Plan. The Industrial Flex Tech designation
allows office uses as well as light manufacturing, warehousing and distribution uses. The current zoning of the
property is Office. The applicant is proposing to rezone the property from Office to Industrial (I-2). The I-2 zoning is
consistent with the Industrial Flex Tech guiding in the Comprehensive Plan.
SITE PLAN
The applicant is proposing to demolish all the current buildings, the parking structure, parking lots etc. on the lot and
build the industrial building in the center of the site with parking and loading along the perimeter of the building.
There are currently three access points into the site. There are two driveways from Yellow Circle Drive and one
driveway from Blue Circle Drive. The applicant is proposing to modify the driveway access points. The proposed plan
includes one driveway from Yellow Circle Drive and two driveways from Blue Circle Drive, which maintains the current
number of driveways. The location, width, and number of driveways is regulated by the City of Minnetonka.
The front of the building will face the highway with the loading docks facing Blue Circle Drive. The proposal includes
three main entrances into the building along the front.
Stormwater management facilities are proposed along the east and south sides of the site.
Staff Report – Nexus Innovation Center
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PARKING
The number of parking spaces is based on speculative uses within the building; 17,440 square feet of office space and
168,293 square feet of warehouse space. The plan as proposed requires 171 parking stalls and the plan includes 278
stalls.
Even though the site plan as proposed includes more parking stalls than required under the proposed mix of office and
warehouse space, the number of spaces allows for flexibility for possible additional office or manufacturing uses. The
number of required parking stalls could be more than the number shown on the plan depending on the mix of office
and warehouse space and the potential of adding manufacturing space. Keeping the amount of office space constant
at 17,440 square feet and adding a manufacturing component, the number of proposed parking stalls can
accommodate the office use plus a maximum of 42,293 square feet of manufacturing and 126,000 square feet of
warehouse. If the number of parking stalls required by the mix of uses in the building exceed 278 parking stalls, the
owner will be required through the Development Agreement to contact the City to discuss implementing the “Proof of
Parking” Plan.
The “Proof of Parking” Plan, submitted by the applicant, includes 146 parking future stalls in the loading dock area and
19 future parking stalls south of the parking lot along the south side of the building. The “Proof of Parking” shown
south of the parking lot along the south side of the building should be removed from the proposal. Implementation of
that portion of the proposed “Proof of Parking” would result in the loss of green space and landscaping. The
landscaping in that location is needed to comply with the landscaping requirements. Providing “Proof of Parking” in
the loading dock area requires some striping and possibly some modification to the loading docks. This is a simpler and
more cost-effective solution.
BUILDING ARCHITECTURE AND MATERIALS
The proposed building is 750’ long by 250’ wide. The applicant breaks up the long facades with recesses and
projections, changes in building material and colors, and the placement of windows. The main entrances to the
building are emphasized through the use of mostly glass at the first level and above the entry, cultured stone and
canopies/sun shades.
Although the building is only one story, the building articulation and design makes the building appear to be two
stories. The south facade includes windows along the first level with portions having similar windows above the first
level, which provides light into the building and gives the appearance of two stories. Other portions include clerestory
windows above the first level, which provides some light into the warehouse area. In the graphic below, the light gray
areas are glass, and the darker bronze areas are painted to mimic the effect of glass, which will often reflect dark
color.
Staff Report – Nexus Innovation Center
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The east and west facades have articulation similar to the south façade except that the entire façade does not have
windows at the first level. The clerestory windows add light into warehouse.
The parapets at the main entrances along the south façade has been raised up to emphasize the entrances and visually
anchor the corners of the building, but this leaves 225 feet of façade between the entrances with no roofline variation.
There is a vertical element on the south building façade between each entrance. Staff recommends raising the
parapet at this vertical element to provide more roofline variation. The west and east facades have similar vertical
elements. Staff recommends a similar treatment as the south façade.
The Industrial zoning requires 75% of each façade to consist of two contrasting yet complimentary class I materials
with one color variation. The class I material on the building includes architectural precast with scoring, glass, and
cultured stone. The colors of the class I material include light tan, medium tan, dark bronze and limestone. Each
façade complies with and exceeds the building material requirements.
The rendering at the top of the next page depicts what the building is intended to look like.
Staff Report – Nexus Innovation Center
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TREE REPLACEMENT
The site was originally developed throughout the 1970’s and 1980’s. As a result, the site has a significant number of
mature trees. In addition to the wooded slope on the west side of the property, there are trees along the south, north,
and east property lines and throughout the site creating a wooded campus. The applicant is proposing to save as many
trees as they can around the perimeter of the site. The removal of the significant and heritage trees on the site results
in a tree replacement requirement of approximately 1,080 caliper inches.. The applicant will meet the tree
replacement through the payment in lieu option for tree replacement.
LANDSCAPE PLAN
City Code requires single story buildings over 20 feet tall to be considered two (2) stories for purposes of calculating
the landscaping requirements. The proposed building height is 37 feet. In this proposal, the building is tall to
accommodate a range of industrial uses that are demanded by the market. The landscaping requirement is calculated
as follows: building footprint 185,733 square feet times two and divided by 320, which equals 1,160 caliper inches.
The proposed Landscape Plan includes 1,130 caliper inches. The landscaping is robust and includes trees, shrubs, and
Staff Report – Nexus Innovation Center
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perennials. The plan provides a buffer along the east property line, trees and shrubs along Blue Circle and Yellow Circle
Drive to screen the loading areas, foundation plantings to add interest at the base of the building, and trees to
enhance the existing plantings along the highway. The applicant must revise the Landscape Plan to comply with the
landscaping requirements prior to City Council review.
SIDEWALKS AND TRAILS
There is currently a trail on the north side of the property stretching from the easterly driveway onto Yellow Circle
Drive to the east property line. This trail connects to a broader trail system that extends to the east and goes north
into the Opus Business Park. A portion of the trail is in the Blue Circle Drive right-of-way and part of the trail is located
on the subject property. The applicant is proposing to remove the section of the overall trail that is on the subject
property. To provide pedestrian access to the broader trail system in the business park, the applicant is proposing a
sidewalk along the south and east sides of the building that will continue in the right of way and connect with the trail
system in the Opus Business Park.
The City of Minnetonka has developed an Opus Area Placemaking + Urban Design Guide which includes a trail along
the north property line. The proposed sidewalk should be replaced with a trail along the north property line. The City
of Minnetonka will work with the applicant to fine tune the location of tail that better complies with the Opus Area
Placemaking + Urban Design Guide than the proposed sidewalk.
TRAFFIC STUDY
The proposed project consists of a 185,733 square foot warehouse and office building with access from Blue Circle
Drive and Yellow Circle Drive in Minnetonka. The project is adjacent to the Opus Business Park area of Minnetonka,
which has an Alternative Urban Area Review (AUAR) administered by the City of Minnetonka that was started in 2020.
This AUAR includes scenarios for modifying some of the streets and intersections in the area to accommodate current
and future development in the Opus Business Park. The proposed development was analyzed for transportation and
traffic impacts based on the identified uses and based on these future street modifications. Trip generation was
estimated using the Institute of Transportation Engineers Trip Generation Manual 11th Edition. The development is
expected to generate 115 peak hour trips in the AM and 120 peak hour trips in the PM. Essentially all trips are
expected circulate on streets within the Opus Business Park and eventually connect to Highway 169 and Bren Road to
the east or Highway 62 and Shady Oak Road to the west. The traffic study concluded that all intersections in their 2024
configuration can accommodate the additional traffic from this development and still operate at acceptable levels. The
traffic study projected 2040 trip generation and distribution and concluded that all intersections would operate
acceptably if the modifications identified in the AUAR are made.
Pursuant to City Code 11.24. Subd. 10, all office and industrial developments and redevelopments require a
Transportation Demand Management (TDM) Plan. For this development, the developer must complete a checklist of
TDM strategies that they will commit to implement. Completion of the checklist will be covered in the Development
Agreement.
DRAINAGE/STORMWATER MANAGEMENT
Based on the provided geotechnical data, the soils on site are primarily clayey soils belonging to Hydrologic Soil
Group D. City Code and the Minnesota Pollution Control Agency (MPCA) prohibit stormwater infiltration BMPs
within Group D soils. Thus, the development will utilize two stormwater ponds to provide rate control and water
Staff Report – Nexus Innovation Center
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quality benefits. One pond is proposed on the east side of the site, while a smaller one is proposed on the south
side of the site.
WETALND
A Wetland Delineation Report was prepared for this property in May 2024. A wetland was identified near the
southeast corner of the property. Most of the wetland is located in the Minnesota Department of Transportation
(MnDOT) right-of-way with a very small piece extending onto the property. The wetland must be shown on the plans.
This might impact the location of the proposed monument sign.
LIGHTING
The Photometric Plan includes wall pack lighting around the entire building with new pole lighting at each driveway to
Blue Circle Drive. These fixtures provide lighting for the main entrances to the building, the parking areas, the
driveways and for the loading dock areas. The Photometric Plan as proposed must be revised to show the new pole
lights and the photometrics for those lights.
SIGNS
The site plan shows two new monument signs on the property and several wall signs. Prior to installing any of the
signs, the signs must comply with the City of Eden Prairie sign requirements and the signs require approval through a
separate permit.
UTILITIES
Sanitary sewer and water are provided by the City of Minnetonka.
In 1977, Minnetonka and Eden Prairie entered into a Joint Powers Agreement for “sanitary and storm sewer and water
facilities and street improvements” for the Eden Prairie properties located in Opus. Under the agreement: (1)
Minnetonka constructed these facilities and assessed Eden Prairie; (2) Minnetonka is responsible for the maintenance
of the sewer and water improvements; and (3) Minnetonka reads meters and charges Eden Prairie properties directly
for sewer and water services. Detailed building use or fixture count information will be provided to Minnetonka prior
to City Council review so the demands can be calculated and incorporated into Minnetonka’s AUAR model and the
capacity impacts can be better understood. Minnetonka has indicated that they will not approve any increase in utility
use.
SUSTAINABILITY
The applicant is proposing to incorporate the following sustainable features and practices:
• Utilize the Energy Design Assistance Program
• Incorporate EV charging. The Site Plan includes 7 parking stalls that are proposed to be EV capable.
• Design the building so the shell is capable of supporting future installation of solar panels
• Use efficient appliances and fixtures
• Use Low VOC materials
• Use sustainable landscape design principles including diversity in plant species, disease and drought resistant
plants and native species
• Use water efficient irrigation
Staff Report – Nexus Innovation Center
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The Building Sustainability Standards do not apply to this project because it is not a PUD.
MINNETONKA REVIEW
Copies of the plans were submitted to the City of Minnetonka. Comments are attached.
STAFF RECOMMENDATION
Recommend approval of the following requests:
• Zoning Change from Office to I-2 on 14.35 acres
• Site Plan Review on 14.35 acres
This is based on plans submitted on May 1, 2024 and the following conditions:
1. Prior to the 1st reading by the City Council, the applicant must:
A. In the Site Data, remove the word heavy in front of industrial, remove the word rear from setbacks
there are only front and side setbacks perhaps call them front (Hwy 62) and front (Blue and Yellow
Circle, the building height cannot be 41 feet without a waiver, what does (ROW) mean after side
setbacks just say side.
B. The Site Plan includes a label for the trash room. Does this also include recycling?
C. The Site Plan must be revised to address the following: the minimum size of a parking lot island is 160
square feet. Many of the islands are labeled as 132 square feet. Measure to the front of the curb and
label it 160 square feet otherwise you would need a waiver. Label the 70 square foot islands at the
north side of the parking lot and to the east side of the building as 160 square feet. More area
around the sidewalk can be counted to reach 160 square feet.
D. The project requires 1,160 caliper inches of landscaping. The plan includes 1,130 caliper inches. The
plan includes 265 caliper inches of deciduous trees and 575 caliper inches of evergreen trees. The
total is 1,130. Revise the Landscape Plan by adding trees to comply with the 1,160 requirement.
E. Revise the Landscape Plan by eliminating the removal of trees within the road right-of-way. The tree
replacement calculation must be revised to address this change. Remove the proposed trees from
the right-of-way and locating them on the subject property.
F. Based on the boring logs for SB-17, SB-20 and SB-9, the borings do not extend to a depth of at least 5
feet below the bottom elevation of the basins. Please provide borings to a depth of at least 5 feet
below the proposed basin bottom.
G. The Plans must be revised to show the wetland boundaries.
H. The annual TSS and TP discharges for the site under proposed conditions must not exceed conditions.
Please summarize the existing and proposed discharges and provide supporting calculations.
I. Either calculate time of concentration using TR-55 methods or use established minimum TOC (eg,
MnDOT)
J. For HydroCAD, there is a 0.55 acre increase in imperviousness between existing and proposed
models. However, the site plan lists an increase in imperviousness of 0.75 ac. Please revise or explain
this potential inconsistency.
K. Modify plan notes to be Eden Prairie and/or Minnetonka (where applicable)
L. Please move all hydrants to the building side of the parking lot on the islands.
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M. Many trees near the back of the parking lot will not meet the root zone protection rule. Staff
recommends adding small retaining walls on the Grading Plan to limit the root zone disturbance.
N. Please update the total inches on site in the tree replacement calculation to reflect actual amount on
the site.
O. On the North Façade building material calculations, add the percentage of the metal dock doors and
other doors as a Class II building material.
P. Building height is measured to the top of the parapet. It should be measured from the average grade
plane along each façade. If the building height exceeds 40 feet, a waiver is required.
Q. Revise the Proof of Parking Exhibit by removing the proof of parking on the south side of the building.
R. Provide a revised Lighting Plan showing the added lights and the footcandles.
S. On the Site Plan, add a striped crosswalk where a pedestrian on the sidewalk would cross the drive
lane.
T. On the Landscape Plan, clearly label the bike racks.
U. Revise the Landscape-Snow Storage Plan to show the proposed landscaping that is most up to date.
V. On the Exterior Elevations, show the rooftop mechanicals and how they are being screened.
W. Revise the narrative as follows: revise the section on architecture to reflect the most recent design.
Describe the material being used, the building articulation etc. with language about how the building
is similar to those at Arbor Lakes. Building height is measured to the top of the parapet so the 32' high
number should be revised. Revise the section on sustainability to cover the addition of the EV
charging, and add language from the sustainable features analysis, revise the square footage of the
building listed to match the plans.
X. Revise the Exterior Elevations by raising the parapet at all the vertical elements.
Y. Complete a checklist of TDM strategies that they will commit to implement. Completion of the
checklist will be a condition of the Development Agreement.
Z. Revise the plan to show a trail along the north property line, to be verified by the City of Minnetonka
and their Opus Area Placemaking + Urban Design Guide.
2. Prior to land alteration permit issuance, the applicant must:
A. Obtain permits and approvals from other agencies as needed.
B. Obtain City approval of a final grading and drainage plan for the property.
C. Submit detailed utility and erosion control plans for review and approval by the City Engineer.
D. Obtain and provide documentation of Watershed District approval.
E. Notify the City and Watershed District 48 hours in advance of grading.
F. Provide a construction grading limits and tree protection plan for review and approval by the City.
G. Install erosion control at the grading limits of the property for review and approval by the City.
H. Install fencing at the construction grading limits and tree protection areas as shown on the
approved plans.
I. Submit and receive written approval of an executed landscape agreement.
J. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the landscaping.
K. Obtain written approval of a Wrecking Permit for the removal of buildings on the property.
L. Make a cash payment for Tree Replacement as provided by City Code.
M. Obtain a building permit for retaining wall construction from the City for any retaining walls
greater than four feet in height.
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N. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of
the land alteration.
O. Submit a Wetland Plan for approval by the Water Resources Coordinator.
P. Provide proof that the Inspection and Maintenance Agreement for Private Stormwater Facilities
has been recorded.
3. Prior to building permit issuance for the property, the applicant must:
A. Provide a checklist of TDM strategies and provide financial security equal to the cost of
implementing the 1st two years of the plan.
4. Prior to issuance of an Occupancy Permit, the applicant must:
A. Construct the retaining wall(s) in accordance with the terms of the permit and terms and
conditions of Exhibit C.
B. Complete implementation of the lighting plan in Exhibit B.
C. Complete construction of mechanical equipment screening.
D. Install EV capable parking stalls as shown on the plans.
E. Complete implementation of the approved exterior materials and colors plan.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MAY 28, 2024 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, 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 Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
John Kirk was absent. III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Sivilay to approve the agenda. MOTION
CARRIED 8-0.
IV. MINUTES
MOTION: Farr moved, seconded by Taylor to approve the minutes of April 8, 2024 .
MOTION CARRIED 8-0.
V. PUBLIC HEARINGS
A. NEXUS INNOVATION CENTER (2024-04)) Request for
• Zoning Change to I-2 on 14.35 acres
• Site Plan Review on 14.35 acres
Josh Budish, founder and Principal of Endeavor Development, presented a PowerPoint and detailed the application. This development would construct a new 185,733 square foot modern business center on the former office campus for
PLANNING COMMISSION MINUTES May 28, 2024
Page 2
American Family Insurance. The applicant requested a rezone to I-2 Industrial
Park, which was consistent with the Aspire 2040 guidance of Industrial Flex
Tech. Budish displayed the existing property along Highway 62 and explained it was and would continue to be served by Minnetonka regarding sewer and water. Budish displayed the site plan showing the front parked, rear loaded modern business center, which he explained would include EV readiness and would
preserve many existing trees. He explained the robust landscaping plan and
displayed elevations with exterior materials and a finish key. Painted precast concrete would be used along with stone veneer and metal canopy and window frames. He displayed the glass and signature materials on the first and second floors via a rendering. Glazing and paint on the second and third floors would
create a faux fenestration to give a pleasing appearance. He displayed interior
renderings showing light manufacturing, warehouse, and showroom uses. Budish stated this project would revitalize an underutilized site, providing jobs. Barnhart presented the staff report. The flex building would offer 17,000 square
foot of office space and the balance for warehousing. The parking offered
flexibility that met the Zoning Codes and Standards of I-2 without requiring waivers. Staff was confident the attached list of required changes could be fulfilled before the City Council meeting later in June. Minnetonka would issue the utility and right-of-way permits and staff would continue to work with the
applicant on wayfinding goals before final approval. Staff recommended approval
of the application. Weber referenced staff’s “to do” list of changes, stating it appeared in the style of requests. Barnhart confirmed these were indeed requirements, not merely
requests. Taylor asked how many warehouses existed in Eden Prairie. Barnhart
replied he did not know offhand, but added most were a combination of warehouse and another use as here. Taylor asked what the occupancy was in Industrial warehousing in Eden Prairie. Barnhart replied three or four buildings in Eden Prairie were completely vacant, with the rest at least partially occupied,
according to the assessor. Sivilay asked if there were loading docks attached to
the proposed building, and Barnhart replied they were on the north side of the building. Sivilay asked if there were concerns with the one way road, and Barnhart replied there were no access concerns.
Farr asked for and received confirmation the widened center driveway met City standards for access and turning. Barnhart stated this was not dedicated solely for personal vehicles but also provided for truck and pedestrian traffic. Farr asked about possible parking assumptions for a potential second floor mezzanine. Barnhart replied staff did not take that into account in this situation. Staff did not
anticipate a second floor mezzanine. If it was proposed in the future it would trigger a waiver, and therefore another public hearing.
PLANNING COMMISSION MINUTES May 28, 2024
Page 3
Duncan asked if it was common for this many conditions (via the “to do” list)
required before City Council approval. Barnhart replied this was not typically
provided; usually these were worked out beforehand during the development review process but this project was more time-sensitive. Duncan asked if the City of Minnetonka’s access guidelines would govern this project, since the City had jurisdiction in that regard, and Barnhart replied this would follow the City of
Minnetonka’s requirements. Minnetonka staff had not commented on the
driveway but on the trail and right-of-way, not the number of accesses. Duncan asked for and received confirmation there was no need to change the access. Duncan noted this was an attractive building, and commended the development.
She asked how the painting would work in conjunction with the windows. Budish
displayed the materials slide again and replied the charcoal paint on smooth concrete would look like windows from afar and even close in, meant to trick the eye and be an extension of the glass fenestration.
MOTION: Grote moved, seconded by Sherwood to close the public hearing. Motion carried 8-0. Farr commended the infill project’s design and the site’s change in use and expressed support for the development. Sherwood agreed and this was also good
timing for the project.
MOTION: Duncan moved, seconded by Weber to recommend a Zoning Change to I-2 on 14.35 acres and a site Plan Review on 14.35 acres as represented in the May 28, 2024 staff report. Motion carried 8-0.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
June 18, 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 309233 - 309860
Wire Transfers 1036028 - 1036145 Wire Transfers 10460 - 10511
Purchasing Card 10487
City of Eden Prairie
Council Check Summary
6/18/2024
Division Amount Division Amount
100 City Manager 17,756 304 Senior Board 334
101 Legislative 9,192 308 E-911 427
102 Legal Counsel 44,248 315 Economic Development 12,472
110 City Clerk 866 445 Cable PEG 12,485
111 Customer Service 6,894 502 Park Development 12,120
112 Human Resources 536 509 CIP Fund 78,256
113 Communications 12,977 513 CIP Pavement Management 42,567
114 Benefits & Training 5,292 522 Improvement Projects 2006 616
130 Assessing 499 526 Transportation Fund 17,735
131 Finance 471 539 2020 Improvement Projects 9,445
132 Housing and Community Services 500 541 DELL RD (CRESTWOOD TO CSAH 61)35,727
133 Planning 267 542 Willow Creek Street/Utilities 3,165
136 Public Safety Communications 4,616 543 Police Remodel 25,185
137 Economic Development 385 Total Capital Projects Fund 250,534
138 Community Development Admin.667
150 Park Administration 147 601 Prairie Village Liquor 192,012
151 Park Maintenance 72,187 602 Den Road Liquor 333,086
153 Organized Athletics 4,077 603 Prairie View Liquor 212,890
154 Community Center 47,433 605 Den Road Building 8,937
156 Youth Programs 16,091 701 Water Enterprise Fund 615,263
157 Special Events 399 702 Wastewater Enterprise Fund 400,373
158 Senior Center 3,496 703 Stormwater Enterprise Fund 167,765
159 Recreation Administration 2,635 Total Enterprise Fund 1,930,326
160 Therapeutic Recreation 1,209
162 Arts 10,085 316 WAFTA 182
163 Outdoor Center 735 802 494 Commuter Services 46,052
168 Arts Center 3,954 806 SAC Agency Fund 188,860
180 Police Sworn 48,118 807 Benefits Fund 1,287,532
184 Fire 26,355 810 Workers Comp Insurance 314,503
186 Inspections 2,211 811 Property Insurance 323,785
200 Engineering 2,249 812 Fleet Internal Service 379,679
201 Street Maintenance 40,050 813 IT Internal Service 250,857
202 Street Lighting 2,984 814 Facilities Capital ISF 703
Total General Fund 389,578 815 Facilites Operating ISF 74,775
816 Facilites City Center ISF 94,385
301 CDBG 20,264 817 Facilites Comm. Center ISF 42,122
303 Cemetary Operation 3,967 818 Dental Insurance 17,413
312 Recycle Rebate 7,622 Total Internal Svc/Agency Funds 3,020,847
Total Special Revenue Fund 31,853
Report Total 5,623,138
City of Eden Prairie
Council Check Register by GL
6/18/2024
Check #Amount Supplier / Explanation Account Description Business Unit Comments
309332 638,288 LEAGUE MN CITIES INS TRUST WC Insurance Insurance Insurance Premiums
309342 383,901 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee June 2024
10483 313,762 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.17.24
10506 313,755 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.31.24
309513 255,048 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Change out
10481 225,915 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.03.24
10504 223,327 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.17.24
309343 186,971 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund Apr24 SAC charges
1036121 172,206 SHI CORP Software Maintenance IT Operating Software Maint. and Licenses
309793 124,191 FITZGERALD EXCAVATING & TRUCKING INC Improvement Contracts Stormwater Capital 2023 Pond Dredging Projects
309638 121,919 BOYER TRUCKS Autos Fleet - Public Works New Freightliner 162
10487 87,576 USB-PURCHASING CARD Various Various
309295 71,878 AMERICAN LIBERTY CONSTRUCTION, INC Improvement Contracts Water Capital
309499 65,029 KNOX COMPANY Capital Under $25,000 Capital Maint. & Reinvestment
309514 53,242 MIDWAY FORD Autos Fleet - Public Works
10509 52,615 U S BANK Interest Water Capital
1036110 52,092 GRANICUS INC Other Contracted Services IT Operating
309470 48,558 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint Various Funds
309517 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
309494 46,600 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital
309337 45,916 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire
309652 45,521 DODGE OF BURNSVILLE Autos Fleet - Police
1036111 44,242 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution
309657 40,922 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
10485 39,994 EMPOWER Deferred Compensation Health and Benefits
1036056 37,949 WSB & ASSOCIATES INC Design & Engineering Stormwater Capital
1036122 37,084 SRF CONSULTING GROUP INC Design & Engineering General Fund
10508 35,499 EMPOWER Deferred Compensation Health and Benefits
309637 34,185 BKV GROUP OCS - General Bldg Police Remodel
309303 34,060 BLUE WATER SCIENCE OCS - Monitoring Stormwater Non-Capital
10507 33,168 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
309597 31,960 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1036077 30,141 XCEL ENERGY Electric Various Funds
309716 23,212 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
309796 22,385 GRAYMONT Treatment Chemicals Water Treatment
309810 22,226 LANO EQUIPMENT INC Capital Under $25,000 Street Maintenance
309588 22,046 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
309260 21,785 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
309797 21,291 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police
10484 19,914 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
309758 18,694 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost)
309722 18,507 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
309325 17,925 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
10492 17,281 WEX HSA - Employee Health and Benefits
10463 17,181 WEX HSA - Employee Health and Benefits
1036135 16,940 BRAUN INTERTEC CORPORATION Design & Engineering CIP Pavement Management
309575 16,867 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments30980716,748 JOHNSON FITNESS & WELLNESS Capital Under $25,000 Fitness Center
309532 16,698 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store
309481 16,342 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store
10486 16,078 PAYCHEX Wages and Benefits MM 494 Corridor Commission
309620 15,490 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
309480 14,893 GRAYMONT Treatment Chemicals Water Treatment
309834 14,800 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal
309735 14,656 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
1036059 14,104 CENTERPOINT ENERGY Gas Various Funds
309542 14,102 SSI KEF SLB LLC Electric Various Funds
309474 13,965 FIVE STAR BATH SOLUTIONS Other Contracted Services Rehab
309266 13,061 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
309729 12,250 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
309612 12,123 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
309528 11,500 PHOTOSHELTER INC Software Maintenance IT Operating
309284 11,482 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
309301 11,268 BADGER METER Conference/Training Utility Operations - General
309718 11,085 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
309822 10,656 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
1036113 10,500 ITRON INC.Maintenance Contracts Water Metering
309390 10,391 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
309589 10,091 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
309767 10,077 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating
309691 10,049 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
309498 10,000 KNIGHT BARRY TITLE UNITED LLC Accounts Receivable TIF-Eden Shores Senior Housing
309357 9,905 SCHICHTELS NURSERY INC Landscape Materials/Supp Tree Replacement Fund
309743 9,880 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
309757 9,652 SAFETY FIRST PLAYGROUND MAINTENANCE Landscape Materials/Supp Park Maintenance
309261 9,550 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
309279 9,429 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
309244 9,273 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
309605 9,096 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
309384 9,080 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
309737 8,947 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
309698 8,923 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1036105 8,261 BIFFS INC Waste Disposal Park Maintenance
309360 8,238 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Wastewater Capital
309559 8,167 XIGENT SOLUTIONS LLC Hardware - R&M IT Operating
309237 7,886 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
309398 7,732 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
309449 7,538 ASPEN MILLS Clothing & Uniforms Fire
309467 7,472 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
309318 7,371 GRAYMONT Treatment Chemicals Water Treatment
309272 7,311 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
309658 7,265 GRAYMONT Treatment Chemicals Water Treatment
309586 7,166 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
309568 7,109 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
309404 7,084 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
309825 6,985 MOBOTREX INC Operating Supplies Traffic Signals
309530 6,872 POOLWEB LLC Capital Under $25,000 Pool Operations
309717 6,772 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3096266,735 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
309435 6,665 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
309477 6,614 GAMETIME Building Materials Capital Maint. & Reinvestment
309838 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
309322 6,409 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
309288 6,272 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1036125 6,265 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #1
10460 6,192 U.S. BANK - I-494 PURCH. CARD Various 494 Corridor Commission
309378 6,100 WAYNES HOME SERVICES Window Washing City Center - CAM
309444 6,091 ALADTEC INC Software Maintenance IT Operating
10464 6,086 HEALTHPARTNERS Dental Insurance Dental Insurance
309841 6,070 SOCCER SHOTS Instructor Service Recreational Sports
309844 6,010 STANTEC CONSULTING SERVICES INC Other Contracted Services Capital Maint. & Reinvestment
309382 6,004 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
309427 5,994 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
309751 5,912 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
309705 5,875 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
10493 5,816 HEALTHPARTNERS Dental Insurance Dental Insurance
309553 5,796 UNITED STATES CONFERENCE OF MAYORS, THE Dues & Subscriptions City Council
309489 5,740 HINTERLAND CSG LLC Electric Facilities Operating ISF
309855 5,720 VESSCO INC Repair & Maint. Supplies Water Treatment
309602 5,704 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
309688 5,668 CATALYST GRAPHICS INC Postage Communications
1036064 5,554 GRAINGER Building Repair & Maint.General Community Center
309808 5,513 JOHNSTONE SUPPLY Capital Under $25,000 Park Shelters
10476 5,512 HEALTHPARTNERS Dental Insurance Dental Insurance
309250 5,411 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
309383 5,347 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
309792 5,344 FIRE SAFETY USA INC Equipment Parts Fleet Operating
1036112 5,151 HORIZON COMMERCIAL POOL SUPPLY Supplies - Plumbing Pool Maintenance
309569 5,105 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
309687 5,053 VAN PAPER COMPANY Cleaning Supplies City Center - CAM
309668 5,034 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
309440 5,013 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
309406 4,941 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
309650 4,880 CROSS NURSERIES Landscape Materials/Supp Tree Replacement Fund
309379 4,872 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3
309540 4,868 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
309768 4,821 BOLTON & MENK INC Design & Engineering Capital Maint. & Reinvestment
309363 4,819 SOLUTION BUILDERS Computers 494 Corridor Commission
309672 4,800 MN TACTICAL OFFICERS ASSOCIATION Training Supplies Police Sworn
309816 4,788 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
309692 4,786 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
309632 4,740 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Police (City Cost)
309840 4,674 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
309331 4,653 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
309775 4,642 CLEAN RIVER Operating Supplies Recycle Rebate
309492 4,612 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Fire Station #1
309811 4,512 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
309375 4,511 VAN PAPER COMPANY Cleaning Supplies Fire Station #3
309759 4,510 ABSOLUTELY STUMPED Other Contracted Services Tree Removal
Check #Amount Supplier / Explanation Account Description Business Unit Comments3093234,468 HEALTHPARTNERS Wages and Benefits MM 494 Corridor Commission
309669 4,350 MHSRC/RANGE Training Police Sworn
309843 4,343 SPORTS IMPORTS INC Operating Supplies Volleyball
309539 4,331 SIR LINES-A-LOT Contracted Striping Traffic Signs
309280 4,285 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
309624 4,261 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1036067 4,069 METRO SALES INCORPORATED*Equipment Rentals IT Operating
309761 4,049 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost)
309583 4,040 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
309685 4,000 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund
309419 3,935 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
309580 3,875 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
309411 3,780 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
309473 3,762 FIRST RESPONSE MENTAL HEALTH INC Other Contracted Services Police Sworn
309660 3,758 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store
309281 3,751 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
309824 3,738 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds
309258 3,737 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1036126 3,727 XCEL ENERGY Electric Various Funds
1036076 3,711 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance
1036070 3,637 REINDERS INC Chemicals Park Maintenance
309782 3,622 DIESEL COMPONENTS, INC.Equipment Parts Fleet Operating
1036062 3,606 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment
309329 3,603 KNOX COMPANY Software Maintenance Public Safety Communications
309614 3,590 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
309813 3,585 LOWELL, CAROL OR BRUCE Equipment Repair & Maint Wasterwater Collection
309269 3,578 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1036065 3,550 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells)
309640 3,535 BROTHERS GUTTERS Other Contracted Services Rehab
309399 3,413 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
309590 3,405 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
309336 3,333 LOCKRIDGE GRINDAL NAUEN PLLP Legal Transportation Fund
10498 3,297 WEX FSA - Medical Health and Benefits
309613 3,285 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
309769 3,260 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement
309317 3,236 FIRE SAFETY USA INC Equipment Parts Fleet Operating
309736 3,226 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
309727 3,211 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
309453 3,206 BRYAN ROCK PRODUCTS INC Repair & Maint. Supplies Water Distribution
309509 3,206 MARTIN MARIETTA MATERIALS Repair & Maint. Supplies Streets Pavement
309429 3,155 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
309234 3,136 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits
309529 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service
309327 2,990 INNOVATIVE GRAPHICS Clothing & Uniforms Safety Camp
309713 2,987 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
309307 2,980 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate
309381 2,968 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
309595 2,956 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
309726 2,874 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
10469 2,848 WEX FSA - Medical Health and Benefits
309633 2,815 ASPEN MILLS Clothing & Uniforms Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments3095702,807 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
309395 2,806 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1036108 2,752 GENUINE PARTS COMPANY Equipment Parts Fleet Operating
309348 2,670 NATURES STONE AND GRANITE LLC Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
309262 2,637 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
309538 2,610 SAMBATEK INC Design & Engineering Wastewater Capital
1036143 2,600 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
309507 2,547 LLOYDS CONSTRUCTION Sweeping Stormwater Non-Capital
309740 2,535 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
309265 2,491 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
309763 2,439 ARVIG ENTERPRISES INC Telephone IT Operating
309426 2,420 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
309573 2,414 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
309490 2,385 HOPE HAVEN INC Landscape Materials/Supp Tree Replacement Fund
309508 2,367 MACQUEEN EQUIPMENT INC Protective Clothing Fire
309496 2,334 KING WENDY Other Contracted Services Rehab
309850 2,332 THE ADVENT GROUP Temp 494 Corridor Commission
309350 2,307 PERA Wages and Benefits MM 494 Corridor Commission
309527 2,307 PERA Wages and Benefits MM 494 Corridor Commission
309428 2,257 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
309817 2,244 MARTIN MARIETTA MATERIALS Pavement Rehab Wasterwater Collection
309641 2,236 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement
309701 2,232 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
309356 2,220 RICHFIELD PRINTING INC Office Supplies Customer Service
309747 2,199 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
309677 2,163 RIVERS EDGE CONCRETE Pavement Rehab Streets Pavement
309278 2,148 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
309721 2,128 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
309366 2,110 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
10479 2,103 WEX FSA - Medical Health and Benefits
1036141 2,076 HACH COMPANY Laboratory Chemicals Water Treatment
309238 2,074 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
1036068 2,051 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Fire Station #1
1036071 2,025 SPS COMPANIES Supplies - HVAC City Center - CAM
309608 2,023 WINEBOW Liquor Product Received Den Road Liquor Store
309800 2,016 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
309610 1,996 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
309286 1,986 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
309794 1,941 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
309618 1,934 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
309345 1,905 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
309585 1,900 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
10472 1,900 WEX HSA - Employer Health and Benefits
309510 1,875 MARTIN-MCALLISTER Employment Support Test Organizational Services
309664 1,855 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
309291 1,844 WINEBOW Liquor Product Received Prairie View Liquor Store
309693 1,837 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
309468 1,797 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
309755 1,794 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
309417 1,784 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
309402 1,751 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3097861,750 EARL F ANDERSEN INC Operating Supplies Traffic Signs
309469 1,714 DURKEE, DAVID Operating Supplies Theatre Initiative
309770 1,700 CENTER FOR ENERGY AND ENVIRONMENT Other Contracted Services Sustainable Eden Prairie
309422 1,682 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
309276 1,644 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
309312 1,629 CORE & MAIN Repair & Maint. Supplies Water Distribution
309242 1,618 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1036052 1,617 OUTDOOR ENVIRONMENTS INC Other Contracted Services Eden Prairie Cemetery
309338 1,605 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement
309335 1,597 LLOYDS CONSTRUCTION Sweeping Stormwater Non-Capital
309696 1,591 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
309734 1,590 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
309442 1,590 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
309566 1,568 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
309362 1,560 SMOKIN HOT DISH Miscellaneous Volunteers
1036039 1,556 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
309377 1,550 W L HALL CO Contract Svcs - General Bldg City Hall (City Cost)
10477 1,534 WEX FSA - Medical Health and Benefits
1036101 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost)
309394 1,519 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
309645 1,500 CITY OF SAINT PAUL Other Rentals Police Sworn
309803 1,497 HOMELAND SECURITY AND EMERGENCY MANAGEME Other Revenue General Fund
309576 1,486 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
309248 1,457 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
309333 1,452 LEGACY GYMNASTICS Instructor Service Recreational Sports
309746 1,444 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
309683 1,442 THE ADVENT GROUP Temp 494 Corridor Commission
1036035 1,428 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
309254 1,422 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
309560 1,415 YORKTOWN OFFICES Rent 494 Corridor Commission
309700 1,406 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
309486 1,356 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
309533 1,350 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
309388 1,348 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
309433 1,345 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1036043 1,337 ELLIS, ROBERT Tuition Reimbursement/School Organizational Services
1036097 1,322 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
309439 1,308 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
309853 1,302 US LEGACY PROMOTIONS Operating Supplies Inspections-Administration
309476 1,278 GAME ONE Operating Supplies Park Maintenance
309818 1,270 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
309690 1,256 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
309268 1,256 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
309263 1,255 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
309537 1,252 REIKI WITH BAILEE LLC Other Contracted Services Specialty Fitness Programs
309579 1,224 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
309774 1,221 CINTAS CORPORATION Safety Supplies Community Center Admin
309471 1,220 FASTSIGNS Operating Supplies Recreation Admin
309771 1,219 CENTURYLINK Telephone City Center - CAM
309443 1,203 AIRGAS USA LLC Contract Svcs - Pool Fire
309282 1,203 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3093671,200 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection
309860 1,200 NATIONAL COMPUTER TECHNOLOGIES Other Contracted Services Organizational Services
309678 1,193 SCOTT COUNTY TREASURER Other Rentals Police Sworn
309358 1,185 SCOTT COUNTY Autos Fleet - Park & Rec
1036142 1,178 METROPOLITAN FORD Equipment Parts Fleet Operating
309702 1,160 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
309812 1,154 LEGACY GYMNASTICS Instructor Service Recreational Sports
309733 1,151 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
309410 1,151 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
309662 1,142 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Various Funds
309854 1,133 VAN PAPER COMPANY Cleaning Supplies General Community Center
309339 1,131 MASTER CRAFT LABELS INC Operating Supplies Prairie View Liquor Store
1036081 1,126 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
309694 1,119 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
309290 1,113 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
309599 1,105 MEGA BEER Liquor Product Received Den Road Liquor Store
309649 1,100 CORE & MAIN Repair & Maint. Supplies Water Distribution
309728 1,098 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
1036096 1,097 FASTENAL COMPANY Operating Supplies Capital Outlay Parks
309598 1,092 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1036079 1,090 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
309548 1,087 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
309710 1,082 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
309359 1,075 SHADYWOOD TREE EXPERTS INC Equipment Repair & Maint Tree Removal
1036031 1,072 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
309806 1,065 INNOVATIVE GRAPHICS Clothing & Uniforms Tennis
309795 1,060 GERTENS Landscape Materials/Supp Park Maintenance
309591 1,057 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
309389 1,050 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1036084 1,034 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1036072 1,023 STREICHERS Clothing & Uniforms Police Sworn
309601 1,019 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
309438 1,015 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
10495 1,013 WEX FSA - Medical Health and Benefits
1036034 1,008 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
309681 1,008 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
309505 1,000 LIGHT, REGINA M Other Contracted Services Theatre Initiative
309549 983 THE ADVENT GROUP Temp 494 Corridor Commission
309600 981 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
309847 943 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
10491 931 WEX Other Contracted Services Health and Benefits
309432 930 DOMACE VINO Liquor Product Received Prairie View Liquor Store
309239 920 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
309368 913 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
309314 900 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
309316 900 FINCH MICHAEL Other Contracted Services Arts
309351 900 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire
10467 898 WEX FSA - Medical Health and Benefits
309511 891 MCCORMICK INSULATION INC Building Repair & Maint.Utility Operations - General
309369 886 THE ADVENT GROUP Temp 494 Corridor Commission
309283 882 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments309274882SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
309603 869 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
309488 867 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
309738 861 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
309412 858 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
309562 857 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating
10482 856 UKG INC Garnishment Withheld Health and Benefits
10505 856 UKG INC Garnishment Withheld Health and Benefits
309487 850 HENNEPIN COUNTY CHIEFS OF POLICE Dues & Subscriptions Police Sworn
309447 848 AQUA LOGIC INC Supplies - Pool Pool Maintenance
309623 848 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
309856 845 VESTIS SERVICES LLC Janitor Service Prairie View Liquor Store
309319 841 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
309462 834 CORE & MAIN Repair & Maint. Supplies Water Distribution
309334 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn
309374 833 VACKER INC Signs Park Maintenance
309574 833 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1036088 831 VINOCOPIA Liquor Product Received Prairie View Liquor Store
309544 829 STAPLES ADVANTAGE Office Supplies Customer Service
309247 829 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
309789 826 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
309842 815 SOLUTION BUILDERS Computers 494 Corridor Commission
309405 805 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
309534 801 PRINCIPAL FINANCIAL GROUP Wages and Benefits KT 494 Corridor Commission
309371 800 T-MOBILE USA Other Contracted Services Police Sworn
309799 795 HEALTH STRATEGIES Health & Fitness Fire
309364 784 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn
309392 768 MEGA BEER Liquor Product Received Den Road Liquor Store
309441 756 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
309503 755 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn
10500 747 WEX FSA - Medical Health and Benefits
309659 745 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
309667 740 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement
309829 734 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center
309765 731 AVOLVE SOFTWARE Software IT Operating
1036087 730 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
309684 716 T-MOBILE Cell/Pager Plans IT Operating
309423 712 WINEBOW Liquor Product Received Prairie Village Liquor Store
309535 703 QUETICA LLC Other Contracted Services Facilities Capital
309506 699 LINE X COATINGS Autos Fleet - Police
1036107 695 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
1036083 694 VINOCOPIA Liquor Product Received Den Road Liquor Store
309385 691 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
309720 691 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
309315 686 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Lincoln Lane
309409 684 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
309298 681 AQUA LOGIC INC Supplies - Pool Pool Maintenance
309845 677 STAPLES ADVANTAGE Office Supplies Customer Service
309252 677 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
309434 675 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
309577 670 MEGA BEER Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments309285668PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
309686 665 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
309593 663 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
309596 660 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1036109 656 GRAINGER Operating Supplies General Community Center
309424 654 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
309430 653 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1036038 652 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
309465 650 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery
309731 644 TRUE BRANDS Liquor Product Received Den Road Liquor Store
10478 636 WEX FSA - Medical Health and Benefits
309235 628 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
309859 626 PETTY CASH Various General Fund
309760 625 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
309630 622 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
309344 622 MHSRC/DDP Other Contracted Services Senior Center Programs
10474 621 WEX FSA - Medical Health and Benefits
309670 616 MIDLAND NURSERY Improvement Contracts Improvement Projects 2006
309293 611 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
309764 606 ASPEN MILLS Clothing & Uniforms Fire
1036129 603 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
309396 600 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
309259 599 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
309240 597 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
309814 597 LUBE TECH RELIABLE PLUS INC Equipment Testing/Cert.Fleet Operating
1036066 596 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals
309742 590 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1036116 583 MENARDS Operating Supplies Various Funds
309324 578 HOSE PROS, INC Repair & Maint. Supplies Park Maintenance
309646 575 COIT SERVICES MINNESOTA INC Janitor Service Fire Station #3
309607 574 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
309536 573 QUIGLEY JONATHAN JR Other Contracted Services Theatre Initiative
309294 560 AMAZING ATHLETES OF CENTRAL MN Instructor Service Recreational Sports
309452 560 BOUND TREE MEDICAL LLC EMS Supplies Fire
1036131 558 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
309407 557 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
309648 557 CONSTRUCTION MATERIALS INC Pavement Rehab Streets Pavement
309621 553 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
10501 547 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds
309673 540 NAUTICAL BOWLS Merchandise for Resale Concessions
1036132 538 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
309472 534 FIRE SAFETY USA INC Equipment Parts Fleet Operating
309581 528 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
309788 522 EDEN PRAIRIE SCHEELS Clothing & Uniforms Facilities Staff
309631 519 ALLEGRA PRINTING Printing Communications
309711 518 WINEBOW Liquor Product Received Prairie Village Liquor Store
309805 517 INDIGO SIGNWORKS, INC.Operating Supplies Fitness Center
10494 504 WEX FSA - Medical Health and Benefits
309340 500 MEALS ON WHEELS Other Contracted Services Housing and Community Service
309493 500 JOHNSON ARIEL Other Contracted Services Theatre Initiative
309255 499 WINEBOW Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments309656496EPIC EVENT RENTAL Other Rentals Purgatory Creek Park
1036055 493 SUMMIT FIRE PROTECTION Contract Svcs - Fire/Life/Safe Dunn Brothers
309289 488 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store
309349 485 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM
309330 480 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Building 51
309719 477 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
309578 476 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1036030 473 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
309815 471 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
1036123 468 STREICHERS Clothing & Uniforms Police Sworn
309415 467 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
309454 464 CAMFIL USA INC Supplies - HVAC Pool Maintenance
309772 461 CENTURYLINK Internet Various Funds
309671 458 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds
309587 457 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
1036074 452 ULINE Office Supplies Police Sworn
1036053 450 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
309783 450 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
309456 443 CENTURYLINK Internet Various Funds
1036134 437 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
309400 437 WINEBOW Liquor Product Received Den Road Liquor Store
1036128 435 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1036033 435 VINOCOPIA Liquor Product Received Den Road Liquor Store
309753 434 TRUE BRANDS Liquor Product Received Prairie View Liquor Store
309707 431 TRUE BRANDS Liquor Product Received Prairie Village Liquor Store
1036073 428 TWIN CITY SEED CO Building Materials Park Maintenance
309437 427 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1036069 426 PREMIUM WATERS INC Operating Supplies - Water Fire
10502 425 WEX HSA - Employer Health and Benefits
1036138 423 CUSTOM HOSE TECH Equipment Parts Fleet Operating
309629 420 M-R SIGN CO INC Signs Traffic Signs
309416 416 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
309526 411 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1036102 405 METROPOLITAN FORD Equipment Parts Fleet Operating
309831 405 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
309270 404 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
309393 402 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
309766 400 BALLARD-SUNDER FUNERAL & CREMATION Operating Supplies Fire
1036103 400 THOMPSON, RANDY Other Contracted Services Police Sworn
309745 391 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
309571 390 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
309739 390 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
309790 390 ESTRINE, ROBERT Other Contracted Services Community Band
309320 383 GROTH MUSIC Operating Supplies Community Band
309313 379 DETECTACHEM INC Operating Supplies Police Sworn
309695 376 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
309321 375 GYM WORKS Equipment Repair & Maint Fitness Center
309233 375 ESENSTEN RICHARD Deposits General Fund
309376 372 VESTIS SERVICES LLC Janitor Service Prairie Village Liquor Store
309421 372 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
309622 371 MEGA BEER Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments309780370COREMARK METALS Operating Supplies Fleet Operating
309460 360 COMCAST Cable TV Fire
309830 360 PERFORMANCE KENNELS INC Canine Supplies Police Sworn
309709 360 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
309550 359 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
309521 357 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
309391 355 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
309413 355 MEGA BEER Liquor Product Received Prairie Village Liquor Store
309801 353 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
309552 350 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery
309848 350 TACTICAL 21 POLICE K-9 CERTIFICATION GRP Tuition Reimbursement/School Police Sworn
309246 345 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
309653 341 EARL F ANDERSEN INC Operating Supplies Traffic Signs
1036095 337 EICHMAN NATHAN Canine Supplies Fleet Operating
309292 336 ACEK9.COM Dues & Subscriptions Police Sworn
309832 333 POLLARD WATER Repair & Maint. Supplies Water Distribution
309827 330 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
1036130 328 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
309699 328 MILK AND HONEY CIDERS Liquor Product Received Prairie Village Liquor Store
1036093 327 CONCRETE CUTTING AND CORING Equipment Repair & Maint Street Maintenance
309543 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire
309802 325 HENNEPIN HEALTHCARE Tuition Reimbursement/School Police Sworn
309732 323 VENN BREWING COMPANY Liquor Product Received Den Road Liquor Store
309828 322 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
309373 322 TWIN CITIES & WESTERN RAILROAD COMPANY AR Utility Water Enterprise Fund
1036136 320 CARLSTON, BRANDON Canine Supplies Police Sworn
309634 320 AXON ENTERPRISE INC Software Maintenance IT Operating
309491 319 INTERSTATE ALL BATTERY CENTER Supplies - General Bldg Ice Arena Maintenance
309655 319 EDEN PRAIRIE SCHEELS Clothing & Uniforms Facilities Staff
1036092 318 CASE, RON Travel Expense City Council
309387 318 DOMACE VINO Liquor Product Received Den Road Liquor Store
1036045 315 GORDHAMER SCOTT Clothing & Uniforms Police Sworn
309515 314 MINNESOTA AIR INC Building Repair & Maint.Water Supply (Wells)
309616 306 DOMACE VINO Liquor Product Received Prairie View Liquor Store
1036120 305 PREMIUM WATERS INC Operating Supplies - Water Fire
309628 304 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
309833 303 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance
309241 303 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
309558 301 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility
309297 300 ANDERSON BILL Special Event Fees Senior Board
309355 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs
309777 300 COMCAST Phone/Data/Web 494 Corridor Commission
1036133 299 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
309582 297 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
309676 296 PROP - PR Charitable Contributions Health and Benefits
309798 289 GYM WORKS Equipment Repair & Maint Police Sworn
10470 289 US BANK - PAYMODE Bank and Service Charges Finance
309243 285 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
309273 284 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
309556 280 VISWANATHAN JAYALAKSHMI P&R Refunds Community Center Admin
309619 278 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments309752276STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
309682 275 TARPS INC Operating Supplies Staring Lake
309431 268 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
309689 267 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
1036042 264 BERRY COFFEE COMPANY Merchandise for Resale Concessions
309680 262 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
309715 260 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
309857 260 VISWANATHAN JAYALAKSHMI P&R Refunds Community Center Admin
309466 256 DELTA DENTAL Wages and Benefits MM 494 Corridor Commission
309482 251 GRIMCO INC Operating Supplies Traffic Signs
309253 250 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store
309450 245 AT & T Other Contracted Services Police Sworn
309785 244 DISPLAY SALES Repair & Maint. Supplies Purgatory Creek Park
1036060 243 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution
309257 240 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
309615 238 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
309551 235 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
10475 235 WEX FSA - Medical Health and Benefits
309408 234 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
309625 234 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
309304 234 BROADWAY AWARDS Operating Supplies Heritage Preservation
1036037 230 VINOCOPIA Liquor Product Received Prairie View Liquor Store
309839 229 SENGUPTA AVI Improvement Contracts Stormwater Capital
309749 225 RISE RIGHT LLC Liquor Product Received Prairie View Liquor Store
10473 222 VANCO SERVICES Bank and Service Charges Wastewater Accounting
309504 221 LIBERTY TIRE SERVICES LLC Waste Disposal Fleet Operating
309756 215 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
10465 215 OPTUM HEALTH Other Contracted Services Health and Benefits
309300 213 ASPEN MILLS Clothing & Uniforms Fire
309787 213 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development
1036063 209 FRONTIER PRECISION INC Equipment Repair & Maint Engineering
1036099 208 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment
309555 207 VESTIS SERVICES LLC Janitor Service Prairie Village Liquor Store
309809 207 KOCH MARLOWE Building Permits General Fund
309627 207 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
309744 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
309604 206 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
309639 201 BROADWAY AWARDS Operating Supplies City Council
1036061 200 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
309457 200 CHURCH KRISTINE Other Contracted Services Theatre Initiative
309287 197 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
309485 196 HEALTH STRATEGIES Health & Fitness Fire
1036090 190 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
309309 190 COMCAST Internet IT Operating
309779 190 COMCAST Internet IT Operating
309663 189 HOSE PROS, INC Equipment Repair & Maint Park Maintenance
1036029 188 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
309365 187 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital
309353 185 PLAISTED COMPANIES INC Operating Supplies Park Maintenance
309609 185 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
309501 183 LANO EQUIPMENT INC Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments10468183WEXFSA - Medical Health and Benefits
309730 182 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
309455 182 CAMPBELL KNUTSON, P.A.Legal WAFTA
1036098 180 HAAK LORI Conference/Training Stormwater Non-Capital
309725 180 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
309642 180 CENTURYLINK Internet IT Operating
309584 178 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
309826 176 MOTION INDUSTRIES INC.Supplies - HVAC City Center - CAM
309401 176 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
309781 176 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
309251 173 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
309236 172 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
309706 172 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
309354 172 PROPIO LS LLC Other Contracted Services Water Accounting
1036089 170 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
10488 169 WEX FSA - Medical Health and Benefits
309708 168 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
309741 168 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
309846 168 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
309370 167 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
10497 167 WEX FSA - Medical Health and Benefits
309564 165 GADBOIS ADAM Travel Expense Engineering
309606 163 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1036040 163 ANDREWS, JOHN Travel Expense Police Sworn
309748 162 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
309636 160 BIG STATE INDUSTRIAL SUPPLY INC Repair & Maint. Supplies Wasterwater Collection
309665 160 INTERSTATE ALL BATTERY CENTER Supplies - Electrical General Community Center
309418 160 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
309592 159 DOMACE VINO Liquor Product Received Den Road Liquor Store
309403 156 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
309567 156 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
309611 156 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
309386 154 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
1036139 150 FLEETPRIDE INC Equipment Parts Fleet Operating
309446 150 APTIVE ENVIRONMENTAL Cash Over/Short General Fund
309458 150 COLE DEBRA ANN Other Contracted Services Theatre Initiative
309478 150 GONZALEZ LISA MARY Other Contracted Services Theatre Initiative
309484 150 HANNA AVA LOVE Other Contracted Services Theatre Initiative
309495 150 KING SAMANTHA Other Contracted Services Theatre Initiative
309497 150 KINGSLEY PAM Other Contracted Services Theatre Initiative
309500 150 KUEHL CARRIE Other Contracted Services Theatre Initiative
309519 150 MORIAH RONA Other Contracted Services Theatre Initiative
309520 150 MOSER KATLYN Other Contracted Services Theatre Initiative
309545 150 STILLER JACLYN Other Contracted Services Theatre Initiative
309546 150 STROTHENKE DANA Other Contracted Services Theatre Initiative
309547 150 SWAIN BARA Other Contracted Services Theatre Initiative
309835 150 PROPIO LS LLC Other Contracted Services Outreach
309836 150 RICHARDSON LAURA P&R Refunds Community Center Admin
1036124 150 USA SECURITY Maintenance Contracts Water Treatment
10499 149 WEX FSA - Medical Health and Benefits
10496 149 WEX FSA - Medical Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments309245147LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store
309267 147 LIBATION PROJECT Liquor Product Received Den Road Liquor Store
309414 146 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
309531 140 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance
309341 140 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund
309436 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
309724 138 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
309361 137 SHRED RIGHT Waste Disposal Fire Station #1
309750 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store
1036115 134 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signs
309666 132 LANO EQUIPMENT INC Equipment Parts Fleet Operating
309277 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
309723 131 LIBATION PROJECT Liquor Product Received Den Road Liquor Store
309557 128 WAX EMMA Mileage & Parking Police Sworn
1036127 127 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1036080 127 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
309264 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
309572 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
309594 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
309617 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
309704 126 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store
309561 125 ZUMBRO TOOLS Small Tools Fleet Operating
309714 124 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store
1036032 123 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1036114 122 JANEX INC Cleaning Supplies General Community Center
1036137 121 CHANSKI DAN Clothing & Uniforms Police Sworn
309554 120 VAN PAPER COMPANY Cleaning Supplies General Community Center
1036119 120 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Senior Center
309644 120 CINTAS CORPORATION #470 Operating Supplies Fleet Operating
1036086 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
1036144 120 MPX GROUP, THE Printing Police Sworn
1036049 120 METROPOLITAN FORD Equipment Parts Fleet Operating
309256 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
309858 119 WAX EMMA Mileage & Parking Police Sworn
309308 119 COMCAST Telephone E-911 Program
309299 118 ARCPOINT LABS OF EDINA Employment Support Test Organizational Services
309762 118 ARCPOINT LABS OF EDINA Employment Support Test Organizational Services
309249 116 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
309661 114 HLS OUTDOOR Repair & Maint. Supplies Park Maintenance
309852 111 TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission
309851 111 T-MOBILE Cell Phones 494 Corridor Commission
1036078 110 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
309754 110 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
309679 108 STAPLES ADVANTAGE Office Supplies Customer Service
309712 106 56 BREWING LLC Liquor Product Received Den Road Liquor Store
309275 106 WACONIA BREWING COMPANY Liquor Product Received Den Road Liquor Store
309675 105 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Cummins Grill House
309791 105 FERGUSON ENTERPRISES INC #1657 Repair & Maint. Supplies Water Treatment
309420 104 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
309310 103 COMCAST Cable TV Fire
309380 100 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments1036058100CAWLEY COMPANY, THE Clothing & Uniforms Engineering
309326 100 INDIGO SIGNWORKS, INC.Operating Supplies Special Events Admin
1036041 100 ARPIN, TONJA Tuition Reimbursement/School Fitness Classes
309778 97 COMCAST Internet IT Operating
309823 93 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
1036085 91 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
309523 90 NORTHERN VALUE GROUP LLC AR Utility Water Enterprise Fund
309643 90 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits
309306 90 CENTURYLINK Telephone IT Operating
10489 89 WEX FSA - Medical Health and Benefits
309563 88 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
309697 84 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
309461 84 COMCAST Cable TV Fire
10461 83 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
10490 83 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
309479 75 GOODING WILLIAM Other Contracted Services Senior Center Programs
309565 75 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
309703 75 RISE RIGHT LLC Liquor Product Received Prairie Village Liquor Store
309425 72 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store
1036091 71 BECKER, DAVE Mileage & Parking Police Sworn
1036100 70 LOWERY, THOMAS Tuition Reimbursement/School Police Sworn
309651 69 DIESEL COMPONENTS, INC.Equipment Parts Fleet Operating
1036117 64 METRO SALES INCORPORATED*Printers -Accessories IT Operating
309397 64 SMALL LOT MN Liquor Product Received Den Road Liquor Store
1036075 63 UPS Postage Police Sworn
309518 63 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
309451 60 BOARD OF WATER & SOIL RESOURCES Conference/Training Stormwater Non-Capital
309522 60 NMS LABS Other Contracted Services Police Sworn
309804 60 HUTCHINSON DAN Facility Rentals Community Center Admin
309837 60 RICHFIELD PRINTING INC Office Supplies Customer Service
309784 59 DIGGINS NICHOLE DAY Outreach Mileage/Parking 494 Corridor Commission
1036046 58 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
309302 57 BATTERIES PLUS BULBS Office Supplies Police Sworn
1036082 56 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
309776 56 COMCAST Cable TV Fire
309271 54 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
1036140 54 GOLDENSTEIN, JAMES Mileage & Parking IT Operating
309448 53 ASCHENBECK SARA Employee Award Organizational Services
309483 52 GS DIRECT Operating Supplies Engineering
309459 51 COMCAST Internet IT Operating
1036048 50 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
1036036 49 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
309654 46 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
309296 43 AMERICAN PRESSURE INC Equipment Parts Fleet Operating
309821 42 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
309328 42 JERRY'S ENTERPRISES INC Equipment Repair & Maint Park Maintenance
309820 40 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Concessions
309849 40 TAYLOR SARA Tuition Reimbursement/School Fitness Classes
309445 38 AMERICAN PRESSURE INC Equipment Parts Fleet Operating
309635 36 BATTERIES PLUS BULBS Operating Supplies Park Maintenance
1036047 36 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit Comments103602835SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
309502 34 LAWSON PRODUCTS INC Equipment Parts Fleet Operating
309647 34 COMCAST Other Contracted Services Police Sworn
1036054 33 ROCKEY, JOSH Mileage & Parking Senior Center Admin
1036044 30 GOERGEN, MARIE Tuition Reimbursement/School Fitness Classes
1036094 30 CUSTOM HOSE TECH Equipment Repair & Maint Park Maintenance
10471 28 WEX FSA - Medical Health and Benefits
1036104 26 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
309512 25 MCFOA REGION IV Conference/Training City Clerk
309463 25 COREMARK METALS Equipment Parts Fleet Operating
309346 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
309516 23 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
309819 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
1036051 23 NOVAK-KREBS BETH Operating Supplies Public Safety Communications
10466 22 MONEY MOVERS INC Other Contracted Services Community Center Admin
1036106 22 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
10462 20 WEX FSA - Medical Health and Benefits
309541 20 SOLUTION BUILDERS Computers 494 Corridor Commission
309773 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
1036057 18 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
10511 18 US BANK - PAYMODE Bank and Service Charges Finance
309352 18 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
309674 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
309347 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
10480 12 WEX FSA - Medical Health and Benefits
309464 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
1036118 10 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
10503 9 SQUARE Bank and Service Charges Prairie Village Liquor Store
1036050 8 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
309305 5 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
309311 4 COMCAST Other Contracted Services Police Sworn
309372 3 TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission
5,623,138 Grand Total
City of Eden PrairiePurchasing Card Payment Report
6/18/2024
Amount Account Description Business Unit
8,368 Plumbing Surcharge General Fund
4,580 Other Contracted Services Wine Club/Events
2,830 Clothing & Uniforms Community Band
2,400 Capital Under $25,000 Police Sworn
2,366 Miscellaneous Internal Events
1,773 Capital Under $25,000 Fitness Classes
1,700 Conference/Training City Council
1,481 Retention Program Community Center Admin
1,400 Operating Supplies Fire
1,379 Operating Supplies Riley Lake
1,262 Conference/Training Fleet Operating
1,248 Special Event Fees Trips
1,221 Conference/Training Fire
1,221 Conference/Training Fire
1,182 Telephone IT Capital
978 Travel Expense Fire
970 Awards City Council
965 Conference/Training Utility Operations - General
885 Operating Supplies Pool Lessons
817 Bank and Service Charges Prairie View Liquor Store
804 Clothing & Uniforms Fitness Admin.
795 Tuition Reimbursement/School Police Sworn
761 Employee Award Internal Events
759 Conference/Training Prairie View Liquor Store
756 Conference/Training IT Operating
740 Merchandise for Resale Concessions
714 Employee Award Internal Events
696 Operating Supplies Youth Programs Admin
667 Dues & Sub-Memberships Community Development Admin.
655 Employee Award Internal Events
633 Special Event Fees Senior Center Programs
597 Computers Utility Operations - General
583 Tuition Reimbursement/School Police Sworn
535 Training Supplies Police Sworn
524 Awards Safety Camp
513 Operating Supplies Theatre Initiative
480 Conference/Training Police Sworn
480 Tuition Reimbursement/School Police Sworn
475 Tuition Reimbursement/School Police Sworn
475 Tuition Reimbursement/School Police Sworn
460 Licenses, Taxes, Fees Pool Lessons
Amount Account Description Business Unit
425 Conference/Training Administration
410 Operating Supplies Volunteers
399 Other Contracted Services Liquor Store Delivery
386 Operating Supplies Youth Programs Admin
385 Conference/Training Facilities Staff
380 Operating Supplies Outdoor Center
375 Employment Advertising Organizational Services
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
375 Tuition Reimbursement/School Police Sworn
374 Miscellaneous Administration
369 Dues & Sub-Memberships Facilities Staff
365 Landscape Materials/Supp Reforestation
363 Miscellaneous Administration
360 Licenses, Taxes, Fees Police Sworn
358 Travel Expense Utility Operations - General
358 Travel Expense Utility Operations - General
350 Other Rentals Summer Theatre
344 Repair & Maint. Supplies Utility Operations - General
342 Licenses, Taxes, Fees Pool Lessons
328 Operating Supplies Pool Operations
322 Licenses, Taxes, Fees Pool Lessons
320 Operating Supplies Youth Programs Admin
304 Licenses, Taxes, Fees Pool Lessons
304 Equipment Parts Fleet Operating
300 Conference/Training Assessing
300 Tuition Reimbursement/School Police Sworn
287 Deposits General Fund
285 Awards Communications
276 Operating Supplies Fire
270 Licenses, Taxes, Fees Pool Lessons
266 Licenses, Taxes, Fees Pool Lessons
264 Dues & Sub-Memberships Human Resources
261 Operating Supplies Park Maintenance
258 Merchandise for Resale Concessions
254 Miscellaneous City Council
Amount Account Description Business Unit
250 Advertising Prairie View Liquor Store
244 Capital Under $25,000 Fitness Center
241 Tuition Reimbursement/School Police Sworn
241 Tuition Reimbursement/School Police Sworn
241 Tuition Reimbursement/School Police Sworn
241 Tuition Reimbursement/School Police Sworn
241 Tuition Reimbursement/School Police Sworn
240 Licenses, Taxes, Fees Pool Lessons
240 Operating Supplies Police Sworn
240 Conference/Training Senior Center Admin
240 Conference/Training Senior Center Admin
237 Operating Supplies Fire
232 Operating Supplies Riley Lake
226 Safety Supplies Pool Operations
225 Tuition Reimbursement/School Police Sworn
221 Travel Expense Fire
217 Merchandise for Resale Concessions
216 Tuition Reimbursement/School Police Sworn
216 Tuition Reimbursement/School Police Sworn
209 Telephone IT Capital
201 Equipment Parts Fleet Operating
200 Clothing & Uniforms Pool Operations
199 Other Contracted Services Assessing
198 Miscellaneous Administration
195 Miscellaneous IT Operating
190 Merchandise for Resale Concessions
190 Repair & Maint. Supplies Water Treatment
187 Conference/Training Inspections-Administration
187 Conference/Training Inspections-Administration
180 Licenses, Taxes, Fees Police Sworn
173 Special Event Fees Senior Center Programs
171 Tuition Reimbursement/School Police Sworn
165 Operating Supplies Pool Operations
165 Operating Supplies City Clerk
163 Operating Supplies Volleyball
162 Conference/Training Inspections-Administration
162 Conference/Training Inspections-Administration
157 Operating Supplies Wine Club/Events
156 Conference/Training Street Maintenance
155 Equipment Repair & Maint Elections
152 Safety Supplies Youth Programs Admin
152 Operating Supplies Park Maintenance
150 Other Contracted Services Specialty Fitness Programs
150 Operating Supplies Fire
150 Training Supplies Human Resources
Amount Account Description Business Unit
144 Merchandise for Resale Concessions
144 Merchandise for Resale Concessions
141 Operating Supplies Youth Programs Admin
139 Conference/Training IT Operating
138 Equipment Repair & Maint Park Maintenance
138 Conference/Training Pool Operations
135 Operating Supplies Fire
132 Employee Award Organizational Services
130 Clothing & Uniforms Volunteers
130 Conference/Training Inspections-Administration
127 Operating Supplies Fire
127 Operating Supplies Gymnasium (CC)
126 Retention Program Community Center Admin
125 Repair & Maint. Supplies Police (City Cost)
125 Operating Supplies Arts Center
123 Equipment Repair & Maint Public Safety Communications
120 Repair & Maint. Supplies Park Maintenance
120 Conference/Training Economic Development
119 Operating Supplies Specialty Fitness Programs
116 Operating Supplies Fleet Operating
114 Operating Supplies Arts Center
111 Operating Supplies IT Operating
111 Clothing & Uniforms Arts Center
110 Repair & Maint. Supplies Water Distribution
110 Licenses, Taxes, Fees Fitness Classes
108 Repair & Maint. Supplies Utility Operations - General
108 Safety Supplies Pool Operations
105 Building Repair & Maint.Utility Operations - General
100 Operating Supplies Outdoor Center
99 Training Supplies Fire
98 Miscellaneous Internal Events
96 Office Supplies Utility Operations - General
96 Deposits General Fund
96 Operating Supplies Arts Center
96 Retention Program Community Center Admin
95 Operating Supplies Athletic Programs Admin
95 Advertising Tennis
93 Operating Supplies Outdoor Center
90 Clothing & Uniforms Facilities Staff
89 Software/Hardware Maint.Fire
89 Licenses, Taxes, Fees Utility Operations - General
87 Operating Supplies Police Sworn
85 Conference/Training Street Maintenance
85 Operating Supplies Police Sworn
83 Operating Supplies Arts Center
Amount Account Description Business Unit
82 Repair & Maint. Supplies General Community Center
81 Operating Supplies Youth Programs Admin
80 Licenses, Taxes, Fees Inspections-Administration
79 Tuition Reimbursement/School Police Sworn
79 Tuition Reimbursement/School Police Sworn
79 Dues & Sub-Memberships Youth Programs Admin
78 Repair & Maint. Supplies Wasterwater Collection
76 Licenses, Taxes, Fees Pool Lessons
76 Licenses, Taxes, Fees Pool Lessons
75 Equipment Parts Fleet Operating
75 Operating Supplies Senior Center Programs
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Training Supplies Police Sworn
75 Repair & Maint. Supplies Water Treatment
75 Operating Supplies Arts Center
73 Operating Supplies Arts Center
71 Operating Supplies Athletic Programs Admin
68 Merchandise for Resale Concessions
68 Office Supplies Elections
67 Conference/Training Utility Operations - General
65 Operating Supplies Arts Center
64 Equipment Parts Fleet Operating
63 Operating Supplies Special Events Admin
63 Operating Supplies Fitness Center
62 Tuition Reimbursement/School Police Sworn
60 Advertising Arts
60 Computers IT Operating
60 Operating Supplies Outdoor Center
60 Office Supplies Police Sworn
59 Operating Supplies Arts Center
59 Licenses, Taxes, Fees Pool Operations
58 Conference/Training Utility Operations - General
58 Operating Supplies Fitness Classes
57 Operating Supplies Internal Events
57 Operating Supplies Youth Programs Admin
56 Repair & Maint. Supplies Utility Operations - General
56 Miscellaneous IT Operating
56 Operating Supplies Internal Events
56 Operating Supplies Special Events Admin
56 Operating Supplies Day Care
55 Repair & Maint. Supplies Utility Operations - General
Amount Account Description Business Unit
55 Miscellaneous Administration
55 Operating Supplies Arts Center
54 Operating Supplies IT Operating
53 Operating Supplies Arts
51 Conference/Training IT Operating
51 Clothing & Uniforms Facilities Staff
50 Dues & Sub-Memberships City Clerk
50 Advertising Arts
50 Clothing & Uniforms Facilities Staff
50 Miscellaneous Administration
48 Operating Supplies Pool Operations
48 Operating Supplies Internal Events
48 Operating Supplies Fitness Admin.
47 Office Supplies Elections
47 Office Supplies Police Sworn
46 Licenses, Taxes, Fees Pool Lessons
46 Clothing & Uniforms Athletic Programs Admin
45 Software Fleet Operating
45 Operating Supplies Special Events Admin
45 Office Supplies Utility Operations - General
45 Operating Supplies Gymnasium (CC)
45 Operating Supplies Community Center Admin
45 Conference/Training Parks Administration
43 Operating Supplies Special Events Admin
41 Video & Photo Supplies Fire
41 Operating Supplies Community Center Admin
41 Operating Supplies Community Center Admin
41 Retention Program Community Center Admin
40 Miscellaneous Elections
40 Miscellaneous IT Operating
40 Office Supplies City Clerk
40 Special Event Fees Senior Center Programs
39 Operating Supplies Police Sworn
38 Computers IT Operating
36 Operating Supplies Fire
36 Operating Supplies Parks Administration
36 Canine Supplies Police Sworn
35 Conference/Training Human Resources
35 Capital Under $25,000 Fitness Classes
35 Conference/Training Economic Development
35 Operating Supplies Youth Programs Admin
35 Operating Supplies Community Center Admin
34 Operating Supplies Parks Administration
34 Operating Supplies Fitness Classes
34 Operating Supplies Senior Board
Amount Account Description Business Unit
33 Retention Program Community Center Admin
33 Operating Supplies Planning
30 Office Supplies Park Maintenance
30 Operating Supplies Internal Events
30 Operating Supplies Arts Center
30 Miscellaneous Administration
29 Operating Supplies Senior Center Programs
29 Operating Supplies Arts Center
28 Operating Supplies Special Events Admin
28 Computers IT Operating
28 Special Event Fees Senior Center Programs
27 Retention Program Community Center Admin
25 Licenses, Taxes, Fees Fleet Operating
25 Operating Supplies Ice Operations
25 Operating Supplies New Adaptive
25 Operating Supplies Fitness Classes
25 Operating Supplies Youth Programs Admin
25 Operating Supplies Community Center Admin
24 Merchandise for Resale Concessions
23 Miscellaneous Administration
23 Operating Supplies Elections
23 Operating Supplies Fitness Admin.
23 Operating Supplies Internal Events
22 Operating Supplies Pool Lessons
22 Operating Supplies Arts Center
22 Licenses, Taxes, Fees Fleet Operating
21 Operating Supplies New Adaptive
21 Tuition Reimbursement/School Police Sworn
21 Operating Supplies Police Sworn
21 Office Supplies Elections
20 Merchandise for Resale Concessions
20 Operating Supplies Fire
20 Dues & Sub-Memberships Police Sworn
20 Licenses, Taxes, Fees Utility Operations - General
20 Conference/Training Facilities Staff
20 Operating Supplies Outdoor Center
20 Office Supplies Police Sworn
20 Operating Supplies IT Operating
19 Travel Expense Fleet Operating
18 Office Supplies Park Maintenance
18 Operating Supplies Ice Operations
17 Tuition Reimbursement/School Police Sworn
17 Other Contracted Services Organizational Services
17 Equipment Repair & Maint Senior Center Programs
17 Operating Supplies Internal Events
Amount Account Description Business Unit
16 Conference/Training Parks Administration
16 Operating Supplies Parks Administration
15 Operating Supplies Outdoor Center
15 Operating Supplies Prairie View Liquor Store
15 Operating Supplies Outdoor Center
14 Operating Supplies Outdoor Center
14 Operating Supplies Volunteers
14 Operating Supplies Specialty Fitness Programs
14 Operating Supplies Arts Center
13 Office Supplies Outdoor Center
13 Operating Supplies Ice Operations
12 Operating Supplies New Adaptive
12 Miscellaneous Administration
11 Equipment Repair & Maint Elections
10 Operating Supplies Outdoor Center
10 Conference/Training Economic Development
10 Employment Advertising Organizational Services
10 Other Contracted Services Wine Club/Events
10 Repair & Maint. Supplies Water Distribution
10 Advertising Prairie View Liquor Store
9 Operating Supplies Special Events Admin
9 Deposits General Fund
9 Operating Supplies Community Center Admin
8 Operating Supplies Police Sworn
8 Operating Supplies Volunteers
8 Operating Supplies Senior Center Programs
8 Operating Supplies New Adaptive
7 Conference/Training Economic Development
7 Special Event Fees Senior Center Programs
6 Operating Supplies Outdoor Center
6 Operating Supplies Pool Operations
5 Operating Supplies New Adaptive
5 Operating Supplies Outdoor Center
5 Operating Supplies Arts Center
4 Operating Supplies Special Events Admin
3 Operating Supplies Outdoor Center
1 Miscellaneous Communications
1 Miscellaneous Communications
1 Miscellaneous Communications
1 Licenses, Taxes, Fees Fleet Operating
-19 Capital Under $25,000 Fitness Center
-41 Video & Photo Supplies Fire
-41 Video & Photo Supplies Fire
-41 Video & Photo Supplies Fire
-104 Deposits General Fund
Amount Account Description Business Unit
-168 Deposits General Fund
87,576 Report Total
CITY COUNCIL AGENDA
SECTION: Appointments
DATE
June 18, 2024
DEPARTMENT
Rick Getschow
City Manager
ITEM DESCRIPTION
Student on Commissions Appointments for the
2024-2025 School Year
ITEM NO.
Requested Action Move to:
• Appoint to the Flying Cloud Airport Advisory Commission –
• Appoint to the Heritage Preservation Commission –
• Appoint to the Human Rights and Diversity Commission –
• Appoint to the Parks, Recreation, and Natural Resources Commission –
• Appoint to the Sustainability Commission –
Synopsis
Applications for Students on Commissions positions were accepted from mid-April to the end of May. Fifty-five applications were received this year, and there were more applicants than spots available on Commissions. Commission Staff Liaisons reviewed the applications. The
appointment recommendations are based on the students’ stated Commission preferences and the
quality of their applications. An orientation session will be held in late August.
Background Information In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City’s Commissions, the addition of
Commissions eligible for student appointments, and the desire to include more students in the
program.