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City Council - 09/17/2024
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 17, 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. ANNUAL SUSTAINABILITY UPDATE Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 17, 2024 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS AND PRESENTATIONS A. ACCEPT PARKS AND RECREATION 2024 SUMMER DONATIONS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 3, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 3, 2024 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. ADOPT RESOLUTION AND AUTHORIZE ENTRY INTO LABOR CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) C. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE D. ADOPT RESOLUTION APPROVING APPLICATION FOR NOISE BARRIER PROGRAM AND COST SHARING WITH MINNESOTA DEPARTMENT OF TRANSIT CITY COUNCIL AGENDA September 17, 2024 Page 2 E. APPROVE GOLDEN TRIANGLE STATION ENCROACHMENT AGREEMENT F. APPROVE TRAIL CONNECTION CONSTRUCTION OPERATION AND MAINTENANCE AGREEMENT G. APPROVE CHANGE ORDER FOR WATER METER INSTALLATION CONTRACT WITH HYDROCORP H. APPROVE CHANGE ORDER FOR WATER METER SUPPLY WITH METERING TECHNOLOGY SOLUTIONS I. ACCEPT PROPOSALS AND APPROVE AGREEMENT FOR LANDSCAPING INSTALLATION AT TOWN CENTER PLACE WITH SOUTHVIEW DESIGN, INC. J. APPROVE CONTRACT FOR PURCHASE OF STRENGTH MACHINES FOR EDEN PRAIRIE COMMUNITY CENTER WITH JOHNSON FITNESS K. ACCEPT QUOTE AND AUTHORIZE CONTRACT FOR RESTORING MILLER PARK WETLANDS WITH LANDBRIDGE ECOLOGICAL L. AUTHORIZE LEASE AGREEMENT WITH EDEN PRAIRIE SCHOOL DISTRICT FOR USE OF LOCKER ROOM SPACE AT COMMUNITY CENTER M. DECLARE EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL IX. PUBLIC HEARINGS AND MEETINGS A. 11609 LEONA ROAD REDEVELOPMENT by Kimley-Horn. First reading of Ordinance for Planned Unit Development District Review with Waivers on 3.44 acres, Resolution for PUD Concept Review on 3.44 acres. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA September 17, 2024 Page 3 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: Sept. 17, 2024 DEPARTMENT / DIVISION: Amy Markle, Director, Parks and Recreation ITEM DESCRIPTION: 2024 summer quarter donations to the Parks and Recreation Department ITEM NO.: IV.A. Requested Action Move to: Adopt a Resolution accepting the following donations: •$5,000 from Comcast through the Eden Prairie Crime Prevention fund for Safety Camp •$10,000 from Elaine Sampson for the Art Center •$150 from Culvers for the Senior Center garden party •$250 from Prairie School of Dance for the Movies in the Park and Harvest to Halloween programsSynopsis Donations this quarter are for the Art Center and Parks and Recreation special events, including our annual Safety Camp. The mission of the Eden Prairie Art Center is to enhance the quality of life and foster creativity in our community by providing access to the arts for people of all ages and abilities. The generous donations specific for the Art Center will be used to purchase supplies and equipment for various programs, increasing the quality for the participants. All donations for Parks and Recreation special events will be used to enhance the events and lower overall costs. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gifts to the City of $5,000 from Comcast through the Crime Prevention Fund is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $10,00 from Elaine Sampson for the Art Center is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $150 from Culvers for the 2024 Senior Center garden party is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $250 from Prairie School of Dance for Movies in the Park and Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of September, 2024. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 03, 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. RACE EQUITY UPDATE Getschow stated the Human Rights and Diversity Commission (HRDC) and staff have focused time and effort on advancing race equity. The Council is provided an annual update on efforts. Klima noted the Council accepted the Race Equity Report in January 2022. An internal Race Equity Action Team (REAT) was created to facilitate progress and promote diversity, equity, and inclusion (DEI) within the organization. Klima introduced Paja Xiong, Community Services Manager and HRDC Staff Liaison. Xiong summarized the makeup of REAT, including staff from all departments and levels. REAT fosters professional development and tracks and communicates progress on goals related to race equity. Xiong explained an interactive, online REAT dashboard was constructed last year and is now available for resident use. The REAT dashboard includes six areas of inquiry as recommended by the Race Equity Report. Residents can view individual inquiry areas to read recommendations, updates, activities, measurements, and other characteristics. Narayanan asked how many visitors view the online REAT dashboard. Getschow stated that information could be compiled. Viewership would likely increase with promotion. Klima explained REAT promotes education and cultural awareness within the organization. This includes professional development, speakers, and visits to culturally significant areas. The REAT team has held meetings on foundational DEI language and updates to programming to expand access City Council Workshop Minutes September 3, 2024 Page 2 and outreach. The REAT team visited the Shakopee Mdewakanton Sioux Community. Cultural holidays are highlighted. Markle explained the Parks and Recreation team has added equity and inclusion elements to community events. Parks and Recreation hosts free pop up events for targeted neighborhoods. Free programs are offered at the Outdoor Center, Art Center, and Senior Center. The theater program hosts multiple performances throughout the year with a pay-what-you-can model. Programs are designed or modified for the disabled community. Starring at Staring concerts reflect a variety of cultural groups. Emerging sports, such as cricket, are supported. Narayanan asked if winter activities were offered for free. Markle confirmed there are free winter activities. Narayanan asked if the City can accept financial sponsors from the business community. Getschow answered the City does accept financial sponsorships. Sparklefest was sponsored by T Mobile. Case asked if the Party for Pride event will be expanded. Markle noted Party for Pride began two years ago, it has and will continue to expand. Case indicated he would like Council to discuss expanding Party for Pride. Markle stated a sensory retreat space has been added to large community events. Accessibility is prioritized including parking, sidewalks, and mobility shuttles. Narayanan asked if the number of drones at Sparklefest can be increased. Markle answered the City used the 100 drone package, the vendor also offers a 200 drone package. Case stated council direction drives the City’s race equity initiatives, the City has been making good progress. II. FENCE UPDATE Klima stated staff reviewed code of 13 metro cities for electric and barbed wire fencing regulations. Ten cities address electric fences in their code; four cities specifically prohibit use. 12 cities address barbed wire; two cities specifically prohibit use. Plymouth issues a conditional use permit for electric fences and barbed wire. Freiberg asked if barbed wire has been a recent topic of conversation. Klima stated in her tenure barbed wire has not been a recent topic of conversation. Narayanan asked if a brick wall is considered a fence. Klima confirmed a brick wall is an accessory structure. Toomey asked if cities specifically discuss electric fences in farm areas. Klima confirmed other cities do specify areas where electric fences are allowed, such as industrial or agricultural areas. City Council Workshop Minutes September 3, 2024 Page 3 Klima noted the City regulates fence height but not materials. Staff would like Council feedback on limiting electric fence and barbed wire use to outdoor storage and the keeping of farm animals. Freiberg asked if cities address electric voltage in code. Klima answered of the 13 metro cities researched, none specifically addressed voltage. Case asked if there are any properties in the City that would need an electric fence for keeping farm animals. Klima answered there are two properties that potentially keep farm animals. Case asked if there are any industrial properties in the City where barbed wire would be used for outdoor storage. Klima answered barbed wire may be used in properties zoned I-general. Case stated requiring a conditional use permit for electric fences and barbed wire may be useful so the City knows where they are located. Other harmful materials such as razor wire should be considered. Narayanan noted the City should allow conditional use for properties such as telecommunication data centers, government facilities, and powerplants. Case agreed any infrastructure that benefits the public should be granted conditional use. Case stated it may be a good idea to disallow barbed wire and electric fences in any property zoned as or abutting residential. Freiberg noted barbed wire is traditionally used at the top of a fence and would pose less harm to a child than an electric fence. III. EXTERIOR MAINTENANCE CODE ENFORCEMENT Case summarized recent inquiries brought by residents over the lack of exterior maintenance in neighboring homes. The City should consider reviewing its exterior maintenance code enforcement compared to neighboring cities. Freiberg stated some cities require a house to be code compliant upon sale, which can be helpful for areas where many homes are owned by corporate buyers. Case noted these requirements have been a concern for local realtors as it adds costs to the sale of a home, but it keeps housing quality up. Toomey asked if the City has ever condemned a house. Getschow answered the City has condemned houses in the past. Toomey noted if a house is not kept up on the outside, it is likely the same on the inside. The occupant may be elderly or need assistance. Toomey asked if a social worker in tandem with a police officer would visit the home. Neuville noted the person must be willing to let the police or a social worker inside the house. Gerber stated if Police and Fire repeatedly visit a home for an emergency event, they will refer the property to the embedded social worker to offer services. City Council Workshop Minutes September 3, 2024 Page 4 Case stated the City’s tall grass ordinance may need to be strengthened to prevent lawns from falling into disarray. Additionally, he asked all departments to knowledge share to ensure houses with repeating violations be communicated to all departments. Case asked the topic be brought back at a future workshop with examples and recommendations. Open Podium - Council Chamber (6:30) IV. OPEN PODIUM V. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 3, 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. SENATOR STEVE CWODZINSKI RECOGNIZED AS LEAGUE OF MINNESOTA CITIES 2024 LEGISLATOR OF DISTINCTION Getschow explained the proclamation will declare September 3, 2024, as Senator Steve Cwodzinski Day in the City of Eden Prairie. The League of Minnesota Cities recently honored 25 Minnesota lawmakers as 2024 Legislators of Distinction for their actions and leadership on legislative issues of importance to cities. Senator Cwodzinski, who represents Eden Prairie at the State legislature, was one of nine senators to receive the distinction. Case pointed out the City has a close relationship with Senator Cwodzinski. Case read the proclamation. Senator Cwodzinski expressed his appreciation for teaching in Eden Prairie for over 30 years and then serving Eden Prairie as a Senator. He thanked the Council for their recognition. Narayanan noted Senator Cwodzinski taught his children, and they learned a lot in his classes. Toomey agreed Senator Cwodzinski is well-loved throughout the City and the State. CITY COUNCIL MINUTES September 3, 2024 Page 2 Freiberg thanked Senator Cwodzinski for his ability to bring people together. Nelson stated her children loved having Senator Cwodzinski as a teacher. She thanked Senator Cwodzinski for his work as a teacher and Senator. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item to Report of Councilmembers about Southwest Transit State Fair Ridership. MOTION: Toomey moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 20, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 20, 2024 MOTION: Freiberg moved, seconded by Narayanan, to approve the minutes of the Council workshop held Tuesday, August 20, 2024, and the City Council meeting held Tuesday, August 20, 2024, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. AWARD CONTRACT FOR 2024 DUCK LAKE TRAIL REHABILITATION TO BKJ EXCAVATING C. AWARD CONTRACT FOR CITY CENTER DC FAST CHARGER INSTALLATION TO PRAIRIE ELECTRIC MOTION: Freiberg moved, seconded by Narayanan, to approve Items A-C on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. 2023 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) Getschow stated the 2023 Consolidated Annual Performance and Evaluation Report (CAPER) evaluates the City of Eden Prairie’s accomplishments towards meeting the five-year goals defined in the Consolidated Plan, as required by the Department of Housing and Urban Development (HUD), for communities CITY COUNCIL MINUTES September 3, 2024 Page 3 receiving Community Development Block Grant (CDBG) funding. The 2023 program year began July 1, 2023 and ended June 30, 2024 and is the fourth grant period of the 2020-2024 Consolidated Plan. Case noted the main purpose of the public hearing is to highlight that Congress sent money to the local level. MOTION: Narayanan moved, seconded by Toomey, to close the public hearing. Motion carried 5-0. 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 1. SOUTHWEST TRANSIT STATE FAIR RIDERSHIP Narayanan stated 2024 was the third largest State Fair ridership ever with 100,632 passengers for SouthWest Transit, which is 30.1 percent over 2023’s numbers. The 2024 Fair also included the biggest single-day ridership ever at 15,712. Finally, customer satisfaction was 95 percent. He showed a graph of past rider numbers, noting 2.88 percent of all Fair goers used SouthWest Transit. Case pointed out Councilmembers Narayanan and Freiberg serve on the SouthWest Transit Commission. Freiberg noted there is a new CEO of SouthWest Transit that has made a positive impact on ridership. B. REPORT OF CITY MANAGER Getschow explained Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2024. In addition, CITY COUNCIL MINUTES September 3, 2024 Page 4 the City Council must accept a proposed budget for the coming year. Getschow pointed out Eden Prairie employs a two-year budget cycle. The City’s quality of life survey shows the City’s positive impact. Getschow stated the goals were to maintain high-quality services, have reasonable tax impacts, have a balanced budget, maintain fund balance policies, use conservative estimates of revenues and expenditures, annual fee and charge review to adjust for inflation, comprehensive and long-range capital planning, provide engaging onboarding programs for new hires, providing diverse, enriched training, professional development, and wellness initiatives to build the skills of future leaders, implement recruitment and retention strategies with a diversity and inclusion focus, provide salary changes that are competitive and consistent with public and private sector trends, prepare for five elections in 2024, evaluate Fire Duty Crew staffing and vehicle purchases, remodel Police and implement recruitment initiatives, consider trail extensions and maintenance, open new Round Lake building, plan for continued infrastructure investments and sustainability initiatives, implement a Race Equity Plan, and continue to support housing programs and policies. Getschow showed a chart with the General Fund revenue budget, one with charges for services, and another depicting revenue from licenses and permits. He then showed the General Fund expenditure budget, a pie chart with the budget broken down by category, and a pie chart with budget changes from 2024 to 2025. Getschow noted there has been a flattening in residential property values, a two percent increase for commercial and industrial properties, and a decrease in multi-family properties. He showed a graph with City tax impacts based on one’s property value. Getschow compared Eden Prairie with various other cities with tax rates and the proposed 2025 tax levy. Eden Prairie is on the lower end for Hennepin County. Getschow added there will be a public hearing and adoption of a final budget and tax levy on December 3, 2024. Case pointed out the City discusses the budget consistently throughout the two-year budget cycle. Eden Prairie has over $14 billion in tax base to work with. The previous Councils have set up the City for success in growing the tax base to keep the tax rate more reasonable. MOTION: Nelson moved, seconded by Toomey, to adopt Resolution No. 2024- 073 to certify the proposed 2025 property tax levy to be $49,978,940, set December 3, 2024, at 7 p.m. as the meeting which will include discussion of the budget and provide for public comment, accept the proposed 2025 budget of $62,778,864, and consent and approve the HRA tax levy of $220,000. CITY COUNCIL MINUTES September 3, 2024 Page 5 Nelson noted Eden Prairie is a high-quality community with high-quality properties and high-quality services. Narayanan added the Council has had numerous conversations in Work Sessions or conversations with Staff. Case stated the budget is a reflection of the community’s priorities. Council directs Staff to create a budget in line with the wants and needs of the residents. VOTE ON THE MOTION: Motion carried 5-0. 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 Narayanan thanked Staff for their response to recent storms. Case agreed with Narayanan. XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:02 p.m. Respectfully submitted, ________________________ Sara Aschenbeck, Administrative Support Specialist CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Gambling/Bingo Organization: People Reaching Out to Other People Inc (PROP) Place: Fat Pants Brewing 8335 Crystal View Road Date: September 22, 2024 On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal Old Chicago Taproom II, LLC DBA: Old Chicago Pizza & Taproom CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT: Alecia Rose, Administrative Services and Human Resources Director ITEM DESCRIPTION: Resolution and Contract with Law Enforcement Labor Services, Inc. ITEM NO.: VIII.B. Requested Action Move to: Adopt Resolution and authorize entry into labor contract with Law Enforcement Labor Services, Inc. (LELS). Synopsis Negotiations occurred between the City and LELS in the summer of 2024. Through negotiations, a tentative agreement was reached and supported by staff in August 2024. Attachments Resolution City of Eden Prairie and LELS Contract CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-___ A RESOLUTION APPROVING AND IMPLEMENTING THE 2025-2027 LABOR AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #430) WHEREAS, the current Labor Agreement between the City and Law Enforcement Labor Services Inc. (Local #430) (“LELS”) governing police patrol officers expired on December 31, 2024; and WHEREAS, the City and LELS participated in contract negotiations on a new Labor Agreement governing the period from January 1, 2025 through December 31, 2027 and reached a tentative agreement in August 2024 which is attached hereto as Exhibit A; and WHEREAS, the tentative agreement is subject to the approval of and implementation by the City Council in accordance with Minn. Stat. § 179A.20, subd. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that: (i) the 2021–2022 Labor Agreement between the City of Eden Prairie and Law Enforcement Labor Services Inc. (Local #430) attached as Exhibit A is hereby approved and may be executed by the Mayor and City Manager; and (ii) City staff are hereby authorized to implement the agreement. ADOPTED by the Eden Prairie City Council this 17th day of September, 2024. __________________________ Ronald A. Case, Mayor ATTEST: __________________________ David Teigland, City Clerk 2 EXHIBIT A 2025–2027 Labor Agreement between City of Eden Prairie and Law Enforcement Labor Services, Inc. (Local #430) 2025-2027 LABOR AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #430) Effective January 1, 2025 through December 31, 2027 2 INDEX ARTICLE I. PURPOSE OF AGREEMENT………………………………..…………………………………………………………2 ARTICLE II. RECOGNITION………………………………………………………………………………….…………………………2 ARTICLE III. UNION SECURITY…………………………………………..………………………………………………………….2 ARTICLE IV. EMPLOYER SECURITY……………………………………………………….……….…….………………………..3 ARTICLE V. EMPLOYER AUTHORITY………………………………….…………………………………………..……………..3 ARTICLE VI. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE……………………………………….…………………..3 ARTICLE VII. DEFINITIONS………………………………………………….…………………………………….………………….7 ARTICLE VIII. SAVINGS CLAUSE…………………………………………………………………………….……………………..7 ARTICLE IX. WORK SCHEDULES………………………………………………………………………….………..………………7 ARTICLE X. OVERTIME PAY…………………………………………………………………………………….……………………8 ARTICLE XI. CALL BACK AND COURT PAY…………………………………………………………..…..…………………..8 ARTICLE XII. DISCIPLINE……………………………………………………………………………………….…………………….8 ARTICLE XIII. SENIORITY………………………………………………………………………………………..…………………..9 ARTICLE XIV. PROBATIONARY PERIODS…………………………………...................................…………………9 ARTICLE XV. SAFETY…………………………………………………………………………………………………..………………9 ARTICLE XVI. INSURANCE……………………………………………...….……………………….……….…………………..10 ARTICLE XVII. UNIFORMS……………………………………………….………………………………..……………………..10 ARTICLE XVIII. INJURY ON DUTY……………………………………………………………………….……………………..10 ARTICLE XIX. ANNUAL PAID LEAVE AND HOLIDAYS…………………………………….………….………………..10 ARTICLE XX. WAIVER…………………………………………………….…………………………………………………………11 ARTICLE XXI. DURATION…………………………………………………………………………………….…….……………..11 APPENDIX A. WAGES……………………………...……………………………………………………….…….…….….……..12 3 ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Eden Prairie hereinafter called the EMPLOYER, and Law Enforcement Labor Services, Inc., hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all EMPLOYEES in the job classifications listed below who are public EMPLOYEES within the meaning of Minn. Stat. §179A.03, Subdivision 14, excluding supervisory, confidential and all other EMPLOYEES: All licensed essential employees of the Eden Prairie Police Department who are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential employees. ARTICLE Ill. UNION SECURITY In recognition of the Union as the exclusive representative the EMPLOYER shall: 3.1 The UNION will obtain written authorization from the EMPLOYEE for the deduction from wages of union dues established by the UNION. The UNION will forward the written authorization from EMPLOYEE to EMPLOYER. 3.2 The EMPLOYER will deduct the amount authorized by the EMPLOYEE and remit the amount to the appropriate designated officer for the UNION commencing no later than the first pay period of the next month with proper employee authorization. 3.3 When an EMPLOYEE is in non-pay status for the entire pay period in which a deduction would be taken, no withholding will be made to convert that pay period from future earnings. In the case of an EMPLOYEE who is in non-pay status during only part of the pay period in which a deduction would be taken, and the wages are not sufficient to cover the full withholding, no deductions shall be made. 3.4 The UNION may designate certain EMPLOYEES from the bargaining unit to act as stewards and shall 4 inform the EMPLOYER in writing of such choice. 3.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 3.6 The EMPLOYER will provide reasonable space on one EMPLOYEE bulletin board for union postings. Union stewards will be responsible for maintaining the designated space. All postings will comply with City policies, including the policy on political neutrality. Postings shall first be approved by the Police Chief. ARTICLE IV. EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT it, nor any of the EMPLOYEES covered by this Agreement, will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY 5.1. The UNION recognizes the right and authority of the EMPLOYER to operate and manage its affairs in all respects in accordance with its management rights, existing and future laws and regulations of the appropriate authorities. The rights or authority which the EMPLOYER has not officially abridged, delegated or modified by this Agreement are retained by the EMPLOYER. 5.2 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.3. The EMPLOYER'S failure to exercise any right, prerogative, or function hereby reserved to it, or the EMPLOYER'S exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the EMPLOYER'S right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement. 5.4 The parties recognize that all EMPLOYEES covered by this Agreement shall perform the services and duties prescribed by the EMPLOYER and shall be governed by EMPLOYER rules, policies, regulations, directives and orders, provided that such rules, regulations and orders are not inconsistent with the provisions of this Agreement or state or federal laws. The EMPLOYER will provide EMPLOYEES with notice of any proposed change in any policy applicable to the bargaining unit members. ARTICLE VI.EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 5 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. The designated supervisor will be notified when the steward or grievant EMPLOYEE(S) returns to the workstation and resumes duties. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within fourteen (14) calendar days after such alleged violation has occurred, present such grievance in writing to the EMPLOYEE'S Sergeant. The Sergeant will discuss and will respond in writing to such Step 1 grievance within fourteen (14) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall set forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Sergeant’s final answer in Step 1. An answer of the EMPLOYER not provided within the specified time limits constitutes a proper denial of the grievance on the date the answer was due. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the Division Lieutenant. The Division Lieutenant shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Division Lieutenant’s final Step 2 answer. An answer of the EMPLOYER not provided within the specified time limits constitutes a proper denial of the grievance on the date the answer was due. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the 6 Police Chief. The Police Chief shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Police Chief’s final answer in Step 3. An answer of the EMPLOYER not provided within the specified time limits constitutes a proper denial of the grievance on the date the answer was due. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 may by mutual agreement by the EMPLOYER and UNION be submitted to mediation through the Minnesota Bureau of Mediation Services. Agreement to submit the grievance to mediation must be made within ten (10) calendar days of the Step 3 response. If the parties do not agree to submit the grievance to mediation within such 10-day period, the UNION may appeal the grievance to Step 5 within five (5) calendar days of the date the parties could not reach agreement. If the parties agree to submit the grievance to mediation and the grievance is not resolved by mediation, the UNION may appeal the grievance to Step 5 within ten (10) calendar days of the date that mediation ended. Any grievance not appealed in writing to Step 5 as provided by this paragraph shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act and MN Statutes Section 626.892. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue(s) not so submitted. B. The arbitrator shall be without power to make a decision contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension 7 thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. The UNION may not skip any step without the written consent of the EMPLOYER. 6.7 CHOICE OF REMEDY If the grievance is not submitted to or not resolved by mediation in Step 4, and if the grievance involves the suspension, demotion, or discharge of an EMPLOYEE who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE VI. The aggrieved EMPLOYEE shall indicate in writing which procedure is to be utilized - Step 5 of ARTICLE VI or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved EMPLOYEE from making a subsequent appeal through Step 5 of ARTICLE VI. ARTICLE VII. DEFINITIONS 7.1 UNION: Law Enforcement Labor Services, Inc. 7.2 EMPLOYER: The City of Eden Prairie. 7.3 UNION MEMBER: A member of Law Enforcement Labor Services, Inc. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASEPAY RATE: The EMPLOYEE'S hourly pay rate exclusive of longevity or any other special allowance. 7.6 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of a regularly scheduled shift. 7.7 CALL BACK: Return of an EMPLOYEE to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE VIII. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Eden Prairie. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. WORK SCHEDULES 8 9.1 The sole authority in work schedules, hours of employment, and changes thereto is the EMPLOYER. 9.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum of hours the EMPLOYER may assign EMPLOYEES. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of an EMPLOYEE’S regular scheduled shift shall be paid at the overtime rate of one and one-half (1.5) the EMPLOYEE’S regular rate of pay. Compensatory time shall not accumulate beyond 120 hours, which equates to 80 hours of overtime (80 hours x 1.5 = 120 Comp Hours). A limit of 120 hours of Compensatory time may be used to replace scheduled hours per year. Employees may begin earning compensatory time starting with the first payroll of the calendar year through the last full pay period in November. All remaining Compensatory time shall be cashed out after the last full pay period in November each year. 10.2 Overtime will be distributed as equally as practicable. 10.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XI. CALL BACK, STANDBY AND COURT PAY 11.1 An EMPLOYEE called back, as defined in Section 7.7, will be compensated for a minimum of two (2) hours' pay at one and one-half (1½) times the EMPLOYEE’S base pay rate. 11.2 An EMPLOYEE required to be on call for court on a scheduled day off shall receive three (3) hours of straight time pay. These hours cannot be converted to Compensatory Time. 11.3 An EMPLOYEE required to appear in court on a scheduled day off shall receive a minimum of three (3) hours of overtime pay. 11.4 An EMPLOYEE is generally not eligible for both 11.2 and 11.3 pay types in the same day, except in the rare occurrence separate court cases are called at different times. 11.5 If an EMPLOYEE is required to appear in court but that appearance requirement is canceled after 12 p.m. the day prior, the employee may submit for three hours of straight time pay. ARTICLE XII. DISCIPLINE 12.1 The EMPLOYER will discipline EMPLOYEES only for just cause. Discipline does not have to be progressive. Discipline will be in one of the following forms: Verbal Warning; 9 Written Warning; Final Warning; Suspension; or Discharge All other employer actions will not be considered discipline. 12.2 EMPLOYEES will receive a copy of such discipline and/or notice. 12.3 An EMPLOYEE(s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the EMPLOYEE(s) unless the EMPLOYEE(s) upon his/her request is given the opportunity to have union representation present at the interview to act as a witness for the EMPLOYEE(s). 12.4 Grievances relating to discipline shall be initiated by the UNION at Step 3 of the grievance article. ARTICLE XIII. SENIORITY 13.1 Seniority shall be defined as the length of continuous service in the job classification covered by ARTICLE II – RECOGNITION. EMPLOYEES who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for the purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 13.2 Seniority will be the determining criterion for layoffs. 13.3 Seniority will be the determining criterion for recall. Recall rights under this provision will continue for twenty-four (24) months after layoff. Recalled EMPLOYEES shall have ten (10) working days after notification of recall by registered mail at the EMPLOYEE’S last known address to report to work or forfeit all recall rights. 13.4 Senior employees shall have preference when selecting shifts. ARTICLE XIV. PROBATIONARY PERIODS 14.1 All newly hired or rehired EMPLOYEES shall serve a probationary period of twelve (12) consecutive months of active work. 14.2 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER without such discharge being a violation of this Agreement and such termination is not a proper subject for Article VI (Grievance Procedure). ARTICLE XV. SAFETY 15.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working 10 conditions, to cooperate in safety matters and to encourage EMPLOYEES to work in a safe manner. · 15.2 Representatives of the bargaining unit may be selected to serve on the City Safety Committee based on management approval. ARTICLE XVI. INSURANCE 16.1 All eligible full time EMPLOYEES may participate in the EMPLOYER'S insurance program. An eligible employee is defined as an individual who would be covered under the medical insurance coverage provisions of both the City’s personnel policies and insurance plan documents between the City and insurer. For the term of this agreement, the EMPLOYER will contribute toward the premium for medical, life, and Long-Term Disability insurance on the same basis and subject to the same conditions and restrictions as the basic program for nonunion EMPLOYEES as it may be amended from time to time. ARTICLE XVII. UNIFORMS 17.1 EMPLOYEES shall receive a uniform allowance of $1,200 per year. EMPLOYEES shall have the option of receiving all cash, half cash/half kept on account, or all on account. Newly hired EMPLOYEES are issued uniforms and begin utilizing the uniform allowance the next calendar year after hire date. EMPLOYEES who begin after July 1 receive $600 the next calendar year. ARTICLE XVIII. INJURY ON DUTY 18.1 The EMPLOYER, through its Worker's Compensation insurance plan, will provide Worker's Compensation benefits as allowed by law to all EMPLOYEES. In addition, the EMPLOYER will provide for a period of up to ninety (90) days, the difference between the EMPLOYEE’S normal gross wages and the worker's compensation benefit. The first three (3) days of absence to be deducted from the EMPLOYEE’S PTO leave. ARTICLE XIX. ANNUAL PAID LEAVE AND HOLIDAYS 19.1 Employees will participate in the City’s leave policies on the same basis as the general non-union employee group. 19.2. Patrol Officers do not observe City holiday schedule. Instead, 80 hours of holiday time is reflected in the reduced scheduled hours. Patrol Officers assigned to work on the following City observed holidays will be compensated at time and a half for no more than one shift per holiday (these hours may not be converted to Compensatory time): Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Labor Day, Veteran’s Day, and New Year’s Eve (actual day). Patrol Officers who work on New Year’s Day, July 4, Thanksgiving, Christmas Eve, or Christmas earn double time for no more than one shift per holiday. Patrol Officers with this schedule receive 16 hours of Floating Holiday time annually. Floating Holiday time must be taken at minimum 8 hour increments and will be forfeited after the last full pay period in November each year. Holiday time is not eligible to be converted to Compensatory time. 11 19.3 All other bargaining unit employees follow the City holiday schedule as defined by the personnel policies as they may be amended from time to time. 19.4 EMPLOYEES receive 8 hours of Floating Holiday time per year, in addition to the 16 hours of Floating Holiday time in 19.2. ARTICLE XX. Wellness Days 20.1 To assist officers in the reduction of the accumulation of stress related to the essential functions of their job, EMPLOYEES shall be provided two (2) shifts off every calendar year pursuant to the following conditions: 1. The shift the officer wants to take off is not at minimums or a city holiday. A major work event which involves multiple officers may result in the waiving of this limitation by the Police Chief or his/her designee. 2. The officer emails the shift supervisor and their respective Lieutenant prior to the shift being requested off. 3. The request must be approved by the shift supervisor and/or Lieutenant. 4. Within 4 weeks of the shift taken off, the officer must meet with a licensed therapist. This can be either with a Check Up from the Neck Up provider or one of the EMPLOYEE’s choosing. a. If using a Check Up from the Neck Up provider, EMPLOYER will pay for the cost of the appointment. i. If the appointment is during work hours, either virtually or in person at the Police Department, and approved by the Supervisor, EMPLOYEE will not be required to use time off to attend the appointment. ii. If the appointment is outside of work hours EMPLOYEE will not be compensated for attending the appointment. b. If EMPLOYEE is using their own provider, the cost for the appointment will be the sole responsibility of the EMPLOYEE. EMPLOYER will not compensate EMPLOYEES using their own provider for their time to attend the appointment. c. This meeting will not be considered a fit for duty evaluation. d. This meeting does not replace the annual Check Up from the Neck Up session. 5. EMPLOYER must receive a note from the provider confirming they met with the officer. 6. If EMPLOYER does not receive the note within 4 weeks of the shift taken off, the EMPLOYER shall deduct the appropriate amount of PTO from the EMPLOYEE’s bank and they will forfeit one of the shifts off per year for that calendar year. 7. In the event #6 occurs, it is not a grievable action per Article VI. ARTICLE XXI. WAIVER 21.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding 12 terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 21.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXII. DURATION Upon its approval and implementation by the City Council of the City of Eden Prairie, this AGREEMENT and all appendices shall be effective as of January 1, 2025 and shall remain in full force and effect until December 31, 2027. FOR THE CITY OF EDEN PRAIRIE: FOR LAW ENFORCEMENT LABOR SERVICES, INC.: ______________________________ Ronald A. Case, Mayor _____________________________ _____________________________ Rick Getschow, City Manager Adam Burnside, Business Agent _____________________________ ____________________________ Alecia Rose, Administrative Services Matthew Schmidt, Police Officer and Human Resources Director 13 APPENDIX A WAGE SCHEDULE 2025 2026 STEP 1 $39.24 $40.42 2 $45.43 $46.79 3 $49.08 $50.55 4 $52.95 $54.54 5 $57.17 $58.89 In 2026 the wage increase is reflected above at 3%. If Council approves a higher general wage increase for all other employees, EMPLOYEES covered under this contract will get the higher amount. In 2027 the UNION and EMPLOYER agree to negotiate wages only and the UNION shall inform the Bureau of Mediation Services of intent to negotiate the wage opener in 2026. Step Increase: Advancement of steps will be granted based on a minimum of 12 months served at each step, in addition to positive performance evaluation. FTO and Instructor Pay: Due to the impact on professional development and growth of our organization, EMPLOYEES working as FTO, or on an Instructor Day (I Day) for a full shift, shall receive one (1) additional hour of pay per shift at straight time for an 8.75-hour shift. If Field Training duties are performed for a 12-hour shift, EMPLOYEES shall receive one and a half (1.5) hours of pay at straight time. On-Call Pay: Detectives assigned to the on-call rotation receive 21 hours per week (3 hours per day) at straight time when on call. 14 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Adopt Resolution Declaring Costs, Ordering Preparation of 2024 Special Assessment Roll, and Setting Hearing Date ITEM NO.: VIII.C. Requested Action Move to: Adopt resolution declaring costs to be assessed, ordering preparation of 2024 Special Assessment Hearing roll, and setting Hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing and supplemental assessments for such things as trunk utility assessments, connection fees and contracted removal assessments. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Resolution • Exhibit A - 2024 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-__ RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2024 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City’s share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection. 3. A hearing shall be held on the 15th day of October 2024, at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 17, 2024. Ronald A. Case, Mayor ATTEST: SEAL David Teigland, City Clerk EXHIBIT A 2024 SPECIAL ASSESSMENTS September 17, 2024 Supplementals Total Cost Deferred Amt to be Assessed Trunk Sewer & Water $65,376.60 $0.00 $65,376.60 Sewer & Water Connection Fees $98,176.00 $0.00 $98,176.00 Hazardous Building Removal $45,000.00 $0.00 $45,000.00 Tall Grass & Weed Contracted Removal $3,000.00 $0.00 $3,000.00 Tree Contracted Removal $19,000.00 $0.00 $19,000.00 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Carter Schulze Public Works/Engineering ITEM DESCRIPTION: Adopt Resolution Approving Application for Standalone Noise Barrier Program and Cost Sharing with MnDOT ITEM NO.: VIII.D. Requested Action Move to: Adopt Resolution approving application for standalone noise barrier program and cost sharing with MnDOT Background The Minnesota Department of Transportation has been constructing noise walls and barriers since the mid 1970s. In 1995, the Minnesota State Legislature directed MnDOT to develop a statewide priority list to direct state resources to mitigate traffic noise for locations not adjacent to new roadway construction. MnDOT Metro District currently provides $3 million in annual discretionary funding for this program. In 2022, Metro District conducted a study where they ranked eligible locations for noise walls. The area along Trunk Highway 5 between Carnelian Lane and Heritage Road is currently ranked 88 on the list and MnDOT is accepting applications for potential noise wall projects in fiscal year 2030. Along with the application requirement is the resolution to provide city support of the program and the cost participation. Attachments Attach 1 – Resolution Attach 2 - Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-__ RESOLUTION APPROVING APPLICATION FOR STANDALONE NOISE BARRIER PROGRAM AND COST SHARING WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the State of Minnesota, acting through its Commissioner of Transportation (MnDOT) and in accordance with Statute 161.125 – Sound Abatement Along Highways, studies, designs, and constructs noise walls to mitigate traffic noise; and WHEREAS, MnDOT Metro District provides discretionary funding for the Standalone Noise Barrier Program and uses a solicitation based process to select project locations; and WHEREAS, selected standalone noise barrier projects require a 10% cost share for construction costs from the City where the noise barrier is being proposed as well as associated construction engineering costs; and WHEREAS, the City wishes to submit an application for the construction of a noise wall along the north side of State Trunk Highway 5, between Carnelian Lane and Heritage Road within the corporate City of Eden Prairie limits, for tentative construction in the year 2030; and WHEREAS, the City agrees to participate in sharing of the costs to construct the noise wall as well as associated construction engineering costs if the project is selected by MnDOT for the construction through future capital improvement programming. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council, that the application for the stand-alone noise barrier program and cost sharing with MnDOT if the project is selected for construction is supported and approved. ADOPTED by the Eden Prairie City Council on September 17, 2024. Ronald A. Case, Mayor ATTEST: SEAL David Teigland, City Clerk 5 5 MnDOT Standalone Noise Barrier ProgramMnDOT Standalone Noise Barrier ProgramMnDOT Standalone Noise Barrier Program DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. *Any aerial photography and parcel geometry was obtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie.² Addresses Parcels Scale:1:2,989 0 250 ft CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Carter Schulze Public Works/Engineering ITEM DESCRIPTION: Approve Encroachment Agreement with Metropolitan Council for Trail Connection to the Southwest Light Rail Transit Project ITEM NO.: VIII.E. Requested Action Move to: Approve Encroachment Agreement with Metropolitan Council for Trail Connection to the Southwest Light Rail Transit Project Synopsis As part of the multifamily residential development adjacent to the Green Line Extension’s Golden Triangle Station, a trail connection is to be constructed from the development to the station platform. To construct this trail connection that crosses over Met Council property, Met Council requires an encroachment agreement with the City. This agreement has certain repair and maintenance requirements that the City will then pass on to the developer through a separate agreement which also includes a cost share component. Attachment Encroachment Agreement ENCROACHMENT AGREEMENT This Encroachment Agreement (“Agreement”) is made this _____ day of _____________, 2024, between the CITY OF EDEN PRAIRIE, Minnesota, a municipal corporation (the “City”), and the METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of Minnesota (“Council” or “Owner”). RECITALS A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota, legally described on Exhibit A (the “Owner’s Property”). B. The City desires to construct a trail connection on Owner’s Property, (the “Improvements”) identified on the Design Plan attached as Exhibit B (the “Design Plan”). C. The Improvements will encroach on the Owner’s Property (the “Encroachment”). D. The Council is willing to permit the Encroachment, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the foregoing and the mutual covenants in this Agreement, the parties agree as follows: 1. The recitals set forth above are incorporated into this Agreement by this reference. 2. The Owner acknowledges that Improvements will encroach on the Owner’s Property. The Owner agrees that the Improvements to be constructed on the Owner’s Property shall be located as depicted in the Design Plan. 3. The City shall be solely responsible for repair and maintenance of the Improvements, at City’s expense, as may be reasonably necessary to maintain the Improvements in good condition and repair. The City’s responsibility for repair and maintenance of the Improvements may be addressed in a subsequent operations and maintenance agreement between the City and the owner(s) of adjacent property, provided that in no event shall the Owner be responsible for repair and maintenance of the Improvements. 4. This Agreement does not preclude the Owner from using Owner’s Property for its intended purposes, including but not limited to construction, maintenance, and operation of the METRO Green Line Extension. None of the Improvements constructed by Owner prevent 2 or interfere with the Owner’s use of Owner’s Property for its intended purposes. 5. City shall require its contractor to indemnify, defend and hold the Owner and its employees, contractors, agents, representatives, elected and appointed officials harmless from any and all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising from, based on, or related to the negligence of contractor. 6. The Owner and City agree that they will be responsible for their own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other and the results thereof. The Owner’s and City’s liability is governed by the provisions of Minnesota Statutes, Chapter 466. 7. City acknowledges that the Owner has made no representations or warranties regarding the condition of the Owner’s Property or its suitability for the uses permitted by this Agreement. 8. This Agreement does not create any partnership, joint venture, agency or employment relationship between the parties, or render any party liable for any of the debts or obligations of any other party. 9. Either party’s failure to enforce any provision of this Agreement against the other party shall not be construed as a waiver of such provision, nor a waiver of any other provision of this Agreement and shall not excuse the other party from future performance of that provision or any other provision. 10. This Agreement shall run with the land and bind and inure to the benefit of the parties and their respective heirs, successors and assigns. 11. This Agreement contains all of the terms and conditions relating to the Encroachment and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties to this Agreement. 12. Owner shall cause this Agreement to be filed for record with the Hennepin County Recorder’s Office within thirty (30) days of its execution by Owner and the City. Evidence of filing shall be provided to the City within thirty (30) days thereafter. [signatures on the following pages] 3 CITY’S SIGNATURE PAGE TO ENCROACHMENT AGREEMENT CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2024, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 4 OWNER’S SIGNATURE PAGE TO ENCROACHMENT AGREEMENT METROPOLITAN COUNCIL By: ___________________________ Name: ___________________________ Title: _Regional Administrator_______ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2024, by ________________, the Regional Administrator of the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, on behalf of said corporation. _______________________ Notary Public 5 EXHIBIT A OWNER’S PROPERTY EAST LINE OU T L O T A GOLDEN TRIAN G L E T O D N12°13 '01"W 349 .36 N12°13'01"W24.00 N77°55'49"E 10.91 S12°04'11"E 24.01 S77°57'26"W 10.85 SOUTHEAST C O R N E R OUTLOT A GOLDEN TRIA N G L E T O D P.O.C. P.O.B.N:\0031916.00\DWG\SURVEY\0031916.00-V-ES02-ENCROACHMENT.DWG11 08/15/2024 ENCROACHMENTEXHIBIT SHEET NUMBER: JWM NAS DATE: OF DRAWN: CHECKED: Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free TBPELS ENGINEERING FIRM REGISTRATION NO. 11756TBPELS SURVEYING FIRM REGISTRATION NO. 10074301 0'80'160' © 2024 Westwood Professional Services, Inc. EDEN PRAIRIE, MN GOLDEN TRIANGLE PROJECT NUMBER: 0031916.00 EXHIBIT DESCRIPTION That part of Lot 1, Block 1, LIBERTY PLAZA, according to the recorded plat thereof, Hennepin County, Minnesota,described as follows: Commencing a the southeast corner of OUTLOT A, GOLDEN TRIANGLE TOD, according to the recorded platthereof, said Hennepin County, Minnesota; thence North 12 degrees 13 minutes 01 seconds West, assumed bearingalong the east line of said OUTLOT A, a distance of 349.36 feet to the POINT OF BEGINNING; thence North 12degrees 13 minutes 01 seconds West, along said east line, a distance of 24.00 feet; thence North 77 degrees 55minutes 49 seconds East, a distance of 10.91 feet; thence South 12 degrees 04 minutes 11 seconds East, a distanceof 24.01 feet; thence South 77 degrees 57 minutes 26 seconds West, a distance of 10.85 feet to the east line of saidOUTLOT A and the POINT OF BEGINNING Containing 261 square feet or 0.006 acres, more or less. DENOTES ENCROACHMENT AREA 6 EXHIBIT B DESIGN PLAN XXXXXXXXXXXSTO STO STO STO STO20'10' WIDE STRIP OF 2'x2' CAST IRONDETECTABLE WARNING TILESTYPE A1 SITE FENCE PERSWLRT CONTRACT DOCUMENTSLIGHT POLE & SIGNALFLASHER BY SWLRTPROJECT10'10'4'2.5'10'REFER TO STRUCTURAL PLANSFOR CROSSING FOUNDATIONAND SLAB DETAILS.20'10'14'TYPE A1 SITE FENCE PERSWLRT CONTRACT DOCUMENTSRETAINING WALLCONDITION ALONGNORTH SIDE OF CROSSING860857858859861862863860858859861862863864XXXXXXXXXXXSTO STO STO STO STOGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGL866.18866.16866.12866.32866.32MATCH EX. CONCRETE866.35 ±MATCH EX. CONCRETE866.35 ±865865864 TW: 866.35TW: 866.22BW: 866.22BW: 862.81866.224.08%0'10'20'30'### ### or ## 4 10 06/30/2023 09/21/2023 11/17/2023 03/22/2024 07/31/2024 ASI-01 ASI-02 ASI-04 ASI-07 ASI-010PROJECT NUMBER: 0031916.00SHEET NUMBER:DATE:DATE:LICENSE NO. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTA VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE:REVISIONS: PREPARED FOR: Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free N:\0031916.00\DWG\CIVIL\PHASE 1 PLANS\0031916GD01.1.DWG EDEN PRAIRIE, MN07/31/2024GTS HOUSINGSWLRT PLANENLARGEMENT GTS HOUSINGC302 4301907/31/2024GRETCHEN SCHROEDER . . . 04/26/2023 607 WASHINGTON AVENUE NORTHMINNEAPOLIS, MN, 55388 GRECO REAL ESTATEDEVELOPMENT, LLCPERMIT PLANS© 2023 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.com1" =10'SWLRT Z-STYLE CROSSING GRADING ENLARGEMENTSWLRT Z-STYLE CROSSING LAYOUT ENLARGEMENT101. CONTINUOUSLY GROUND ALL METAL RAILINGS, SEE THE SPECIAL PROVISIONS. REFER TO THEGROUNDING PLANS AND GROUNDING SPECIAL PROVISIONS FOR DETAILS REGARDINGBONDING MULTIPLE ELECTRICAL GROUNDING SYSTEMS.2. USE A500, GRADE B STRUCTURAL STEEL TUBING (HSS) IN THE FENCE CONFORMING TO MNDOTSPECIFICATION 3361. ALL OTHER STEEL SHALL CONFORM TO MNDOT SPECIFICATION 3306.3. ALL STEEL TO NE HIGH STRENGTH STEEL.4. GALVANIZE BOLTS, NUTS, WASHERS, AND ANCHORS PER MNDOT SPECIFICATION 3392.GALVANIZE ALL OTHER STRUCTURAL STEEL PER MNDOT SPECIFICATION 3394, AFTERFABRICATION.5. GALVANIZE FENCE, BASE PLATES, AND PROTRUDING PORTIONS OF BOLTS, NUTS, ANCHORS,AND WASHERS.6. SEE SPECIFICATION SB-18 (2402) METAL RAILING FOR FINISHES.7. INSTALL FENCE POSTS AND PICKETS VERTICAL AND PLUMB TO THE HORIZONTAL PLANE.8. CURVE HORIZONTAL RAILS WHERE APPLICABLE AND PLACE FENCE POST PARALLEL TO THE EDGEOF MOUNTING SURFACE.9. SEE SPECIAL PROVISIONS FOR REQUIREMENTS NOT INCLUDED ON THIS SHEET.10. DRILL 12" DIA. MAXIMUM VENT HOLES ON THE UNDER SIDE OF RAIL TUBES AS NECESSARY TOFACILITATE GALVANIZING.11. FABRICATE AND INSTALL ALL FENCE POST AND PICKETS VERTICAL TO THE HORIZONTAL PLANE.12. INSTALL EXPANSION JOINT AT POSTS CLOSEST TO ALL WALL AND SLAB EXPANSION JOINTS.INSTALL EXPANSION JOINT EVERY FOUR PANELS WHEN NO WALL OR SLAB EXPANSION JOINTSARE PRESENT. SEE EXPANSION JOINT DETAIL WITHIN EACH FENCE TYPE.FENCE TYPE A NOTESFENCE PER SWLRT CONTRACT DOCUMENTS CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Carter Schulze Public Works/Engineering ITEM DESCRIPTION: Approve Construction, Operation and Maintenance Agreement with AERG GTS Phase I Owner, LLC and EP GTS Housing Phase II, LLC for the Trail Connection to the Golden Triangle Station ITEM NO.: VIII.F. Requested Action Move to: Approve Construction, Operation and Maintenance Agreement with AERG GTS Phase I Owner, LLC and EP GTS Housing Phase II, LLC for the Trail Connection to the Golden Triangle Station Synopsis As part of the multifamily residential development adjacent to the Green Line Extension’s Golden Triangle Station, a trail connection is to be constructed from the development to the station platform. This agreement has certain construction, operations and maintenance requirements that the City is passing on to the developer from a separate encroachment agreement between the City and the Met Council. This agreement with the developer also includes a cost share component. Attachment Construction, Operation and Maintenance Agreement 1 CONSTRUCTION, OPERATION, AND MAINTENANCE AGREEMENT This Construction, Operation, and Maintenance Agreement (“Agreement”) is made this _____ day of _____________, 2024, between the City of Eden Prairie, a Minnesota municipal corporation (the “City”), AERG GTS Phase 1 Owner, LLC, a Delaware limited liability company (“Lot 1 Owner”) and EP GTS Housing Phase II, LLC, a Delaware limited liability company (“Lot 2 Owner”). Lot 1 Owner and Lot 2 Owner will be collectively referred to in this Agreement as “Owner”. RECITALS A. The City is the fee owner of property located in the City of Eden Prairie, Minnesota, legally described as Outlot A, Golden Triangle TOD, Hennepin County, Minnesota (“Outlot A”). B. Lot 1 Owner is the fee owner of property located in the City of Eden Prairie, Minnesota, legally described as Lot 1, Block 1, Golden Triangle TOD, Hennepin County, Minnesota (“Lot 1”). C. Lot 2 Owner is the fee owner of property located in the City of Eden Prairie, Minnesota, legally described as Lot 2, Block 1, Golden Triangle TOD, Hennepin County, Minnesota (“Lot 2”). D. The City and Owners’ predecessor-in-interest are parties to that certain Encroachment Agreement dated August 16, 2023 and filed with the Hennepin County Registrar of Titles’ Office on August 24, 2023 as Document No. 6031911, whereby Owners are permitted to encroach on Outlot A for purposes of constructing and maintaining a trail (the “Trail”) for the benefit of the residents of Lot 1 and Lot 2 (the “Trail Encroachment Agreement”). E. The City and the Metropolitan Council have entered into an Encroachment Agreement dated ________________ and filed with the Hennepin County Registrar of Titles’ Office on ___________________ as Document No. __________________, whereby the City, or its assigns, is permitted to encroach on property adjacent to Outlot A and owned by the Metropolitan Council for the purpose of construction and maintenance of a connection of the Trail to the Southwest LRT Golden Triangle Station (the “Trail Connection Encroachment Agreement”), which encroachment area is shown on the attached Exhibit A. F. Because the Trail connection benefits Lot 1 and Lot 2 and will be an extension of the Trail, Owners will be responsible for the construction, operation, and maintenance of the Trail connection, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the foregoing and the mutual covenants in this Agreement, the parties agree as 2 follows: 1. The recitals set forth above are incorporated into this Agreement by this reference. 2. Lot 1 Owner1 shall be solely responsible for construction, operation, repair and maintenance of the “Improvements,” as that term is defined in the Trail Connection Encroachment Agreement in addition to the portion of the “Improvements” within the encroachment area attached on Exhibit A2 , at Lot 1 Owner’s expense (subject to Lot 1 Owner’s ability to seek reimbursement from Lot 2 Owner as provided in that certain Declaration of Reciprocal Easements and Maintenance Agreement dated August 16, 2023, recorded August 24, 2023, as Document No. 6031910 (the “REA”), as may be reasonably necessary to maintain the Improvements in good condition and repair. In no event shall the City be responsible for construction, repair, or maintenance of the Improvements. Specifically, Lot 1 Owner shall be responsible for the following work in connection with the initial construction of the Trail connection: designing and constructing all of the civil components up to the pedestrian crossing including the Z style crossing configuration, furnishing and installing ADA truncated domes, 6” concrete walk with aggregate base, and furnish and installing Type A1 ornamental railing, any necessary retaining structures leading to the pedestrian crossing, as shown on the attached Exhibit B. For the avoidance of doubt, nothing herein shall obligate Owners to construct any additional improvements on the Metropolitan Council’s property, including but not limited to removal and replacement of the ornamental railing on the guideway, adding new light pole at crossing, and performing systems related components to establish the pedestrian connection as shown on Exhibit B. 3. Contemporaneous with execution of this Agreement, Lot 1 Owner shall provide to City a check in the amount of $50,000 (the “Contribution”), payable to the Metropolitan Council, which the City will provide to the Metropolitan Council as payment for a portion of the work to be undertaken by the Metropolitan Council related to the Trail connection, which work includes: removal and replacement of the ornamental railing on the guideway, adding new light pole at crossing, and performing systems related components to establish the pedestrian connection as shown on Exhibit B. The City acknowledges and agrees that Contribution shall not be increased and no additional contribution shall be paid by either Lot 1 Owner or Lot 2 Owner, regardless of the costs associated with the foregoing work to be undertaken by the Metropolitan Council. In addition, the City acknowledges and agrees that in the event that the Metropolitan Council does not commence with the foregoing work for any reason prior to December 31, 2025, the City shall reimburse the Contribution to Lot 1 Owner. 1 NTD: Per the REA that the City approved between Lot 1 and Lot 2, Lot 1 Owner is responsible for initial constr uction of the Trail (specifically called out in that agreement as a Shared Improvement). Lot 1 Owner is also responsible for maintenance, subject to the ability to bill back Lot 2 Owner at the time of a CO issuance for Lot 2. Lot 1 Owner will be doing all of the work contemplated here consistent with that REA. 2 NTD: “Improvements” under the Encroachment Agreement only covers the portion set forth on Outlot A, so adding this to clarify that this definition will also include the small portion on the Met Council property shown on Ex. A. 3 4. Not hing in this Agreement shall preclude the Metropolitan Council from using its property on which the Improvements are located for its intended purposes, including but not limited to construction, maintenance, and operation of the METRO Green Line Extension and the Golden Triangle Station. 5. Lot 1 Owner shall require its contractor to indemnify, defend and hold the City and the Metropolitan Council and their employees, contractors, agents, representatives, elected and appointed officials harmless from any and all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising from, based on, or related to the negligence of contractor. 6. Lot 1 Owner, Lot 2 Owner and City agree that they will be responsible for their own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other and the results thereof. 7. Owners acknowledge that the City and the Metropolitan Council have made no representations or warranties regarding the condition of the property on which the Improvements will be located or its suitability for the uses permitted by this Agreement. 8. This Agreement does not create any partnership, joint venture, agency or employment relationship between the parties, or render any party liable for any of the debts or obligations of any other party. 9. Either party’s failure to enforce any provision of this Agreement against the other party shall not be construed as a waiver of such provision, nor a waiver of any other provision of this Agreement and shall not excuse the other party from future performance of that provision or any other provision. 10. This Agreement shall run with the land and bind and inure to the benefit of the parties and their respective heirs, successors and assigns. For avoidance of doubt, the obligations of Lot 1 Owner and Lot 2 Owner under this Agreement shall run with Lot 1 and Lot 2, respectively, and be binding upon Lot 1 Owner and Lot 2 Owner, respectively, and their successors and assigns of Lot 1 and Lot 2, respectively. 11. This Agreement contains all of the terms and conditions relating to the Improvements and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties to this Agreement. 12. Lot 1 Owner shall cause this Agreement to be filed for record with the Hennepin County Registrar of Titles’ Office within thirty (30) days of its execution by Owners and the City. Evidence of filing shall be provided to the City within thirty (30) days thereafter. [signatures on the following pages] 4 5 CITY’S SIGNATURE PAGE TO OPERATIONS AND MAINTENANCE AGREEMENT CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2024, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 6 LOT 1 OWNER’S SIGNATURE PAGE TO OPERATIONS AND MAINTENANCE AGREEMENT AERG GTS PHASE I OWNER, LLC By: ___________________________ Name: ___________________________ Title: __________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2024, by ________________, the _____________________ of AERG GTS Phase I Owner, LLC, a Delaware limited liability company, on behalf of the company. _______________________ Notary Public 7 LOT 2 OWNER’S SIGNATURE PAGE TO OPERATIONS AND MAINTENANCE AGREEMENT EP GTS HOUSING PHASE II, LLC By: ___________________________ Name: ___________________________ Title: __________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2024, by ________________, the _____________________ of EP GTS Housing Phase II, LLC, a Delaware limited liability company, on behalf of the company. _______________________ Notary Public Drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Ave S, Ste. 1550 Minneapolis, MN 55401 8 EXHIBIT A Trail Connection Encroachment Area EAST LINE OU T L O T A GOLDEN TRIAN G L E T O D N12°13 '01"W 349 .36 N12°13'01"W24.00 N77°55'49"E 10.91 S12°04'11"E 24.01 S77°57'26"W 10.85 SOUTHEAST C O R N E R OUTLOT A GOLDEN TRIA N G L E T O D P.O.C. P.O.B.N:\0031916.00\DWG\SURVEY\0031916.00-V-ES02-ENCROACHMENT.DWG11 08/15/2024 ENCROACHMENTEXHIBIT SHEET NUMBER: JWM NAS DATE: OF DRAWN: CHECKED: Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free TBPELS ENGINEERING FIRM REGISTRATION NO. 11756TBPELS SURVEYING FIRM REGISTRATION NO. 10074301 0'80'160' © 2024 Westwood Professional Services, Inc. EDEN PRAIRIE, MN GOLDEN TRIANGLE PROJECT NUMBER: 0031916.00 EXHIBIT DESCRIPTION That part of Lot 1, Block 1, LIBERTY PLAZA, according to the recorded plat thereof, Hennepin County, Minnesota,described as follows: Commencing a the southeast corner of OUTLOT A, GOLDEN TRIANGLE TOD, according to the recorded platthereof, said Hennepin County, Minnesota; thence North 12 degrees 13 minutes 01 seconds West, assumed bearingalong the east line of said OUTLOT A, a distance of 349.36 feet to the POINT OF BEGINNING; thence North 12degrees 13 minutes 01 seconds West, along said east line, a distance of 24.00 feet; thence North 77 degrees 55minutes 49 seconds East, a distance of 10.91 feet; thence South 12 degrees 04 minutes 11 seconds East, a distanceof 24.01 feet; thence South 77 degrees 57 minutes 26 seconds West, a distance of 10.85 feet to the east line of saidOUTLOT A and the POINT OF BEGINNING Containing 261 square feet or 0.006 acres, more or less. DENOTES ENCROACHMENT AREA B 9 EXHIBIT B Trail Connection Design Details 29618467v3 XXXXXXXXXXXSTO STO STO STO STO20'10' WIDE STRIP OF 2'x2' CAST IRONDETECTABLE WARNING TILESTYPE A1 SITE FENCE PERSWLRT CONTRACT DOCUMENTSLIGHT POLE & SIGNALFLASHER BY SWLRTPROJECT10'10'4'2.5'10'REFER TO STRUCTURAL PLANSFOR CROSSING FOUNDATIONAND SLAB DETAILS.20'10'14'TYPE A1 SITE FENCE PERSWLRT CONTRACT DOCUMENTSRETAINING WALLCONDITION ALONGNORTH SIDE OF CROSSING860857858859861862863860858859861862863864XXXXXXXXXXXSTO STO STO STO STOGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGLGL866.18866.16866.12866.32866.32MATCH EX. CONCRETE866.35 ±MATCH EX. CONCRETE866.35 ±865865864 TW: 866.35TW: 866.22BW: 866.22BW: 862.81866.224.08%0'10'20'30'### ### or ## 4 10 06/30/2023 09/21/2023 11/17/2023 03/22/2024 07/31/2024 ASI-01 ASI-02 ASI-04 ASI-07 ASI-010PROJECT NUMBER: 0031916.00SHEET NUMBER:DATE:DATE:LICENSE NO. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTA VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE:REVISIONS: PREPARED FOR: Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free N:\0031916.00\DWG\CIVIL\PHASE 1 PLANS\0031916GD01.1.DWG EDEN PRAIRIE, MN07/31/2024GTS HOUSINGSWLRT PLANENLARGEMENT GTS HOUSINGC302 4301907/31/2024GRETCHEN SCHROEDER . . . 04/26/2023 607 WASHINGTON AVENUE NORTHMINNEAPOLIS, MN, 55388 GRECO REAL ESTATEDEVELOPMENT, LLCPERMIT PLANS© 2023 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.com1" =10'SWLRT Z-STYLE CROSSING GRADING ENLARGEMENTSWLRT Z-STYLE CROSSING LAYOUT ENLARGEMENT101. CONTINUOUSLY GROUND ALL METAL RAILINGS, SEE THE SPECIAL PROVISIONS. REFER TO THEGROUNDING PLANS AND GROUNDING SPECIAL PROVISIONS FOR DETAILS REGARDINGBONDING MULTIPLE ELECTRICAL GROUNDING SYSTEMS.2. USE A500, GRADE B STRUCTURAL STEEL TUBING (HSS) IN THE FENCE CONFORMING TO MNDOTSPECIFICATION 3361. ALL OTHER STEEL SHALL CONFORM TO MNDOT SPECIFICATION 3306.3. ALL STEEL TO NE HIGH STRENGTH STEEL.4. GALVANIZE BOLTS, NUTS, WASHERS, AND ANCHORS PER MNDOT SPECIFICATION 3392.GALVANIZE ALL OTHER STRUCTURAL STEEL PER MNDOT SPECIFICATION 3394, AFTERFABRICATION.5. GALVANIZE FENCE, BASE PLATES, AND PROTRUDING PORTIONS OF BOLTS, NUTS, ANCHORS,AND WASHERS.6. SEE SPECIFICATION SB-18 (2402) METAL RAILING FOR FINISHES.7. INSTALL FENCE POSTS AND PICKETS VERTICAL AND PLUMB TO THE HORIZONTAL PLANE.8. CURVE HORIZONTAL RAILS WHERE APPLICABLE AND PLACE FENCE POST PARALLEL TO THE EDGEOF MOUNTING SURFACE.9. SEE SPECIAL PROVISIONS FOR REQUIREMENTS NOT INCLUDED ON THIS SHEET.10. DRILL 12" DIA. MAXIMUM VENT HOLES ON THE UNDER SIDE OF RAIL TUBES AS NECESSARY TOFACILITATE GALVANIZING.11. FABRICATE AND INSTALL ALL FENCE POST AND PICKETS VERTICAL TO THE HORIZONTAL PLANE.12. INSTALL EXPANSION JOINT AT POSTS CLOSEST TO ALL WALL AND SLAB EXPANSION JOINTS.INSTALL EXPANSION JOINT EVERY FOUR PANELS WHEN NO WALL OR SLAB EXPANSION JOINTSARE PRESENT. SEE EXPANSION JOINT DETAIL WITHIN EACH FENCE TYPE.FENCE TYPE A NOTESFENCE PER SWLRT CONTRACT DOCUMENTS CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Change Order No. 1 for Water Meter Installation Contract with HydroCorp ITEM NO.: VIII.G. Requested Action Move to: Approve Change Order No. 1 to the Contract with HydroCorp, Inc. for the Replacement of Water Meters in the amount of $109,761.77. Synopsis This change order encompasses the need to cover additional costs encountered during the residential phase of the city-wide water meter exchange project as well as adding to the scope of work by including labor to install new meters at multi-family housing units and smaller commercial properties. Background Information Eden Prairie Utilities has been working with HydroCorp under contract to replace aging water meters throughout accounts classified as residential property, minus the multi-family housing units. Included in this phase of the overall project to replace all water meters in the city, was the inventory of all commercial property water meters and the inspection and documentation of backflow prevention devices in those commercial locations. This change order covers extra costs associated with the need for repeated visits to complete this work due to missed, cancelled, and rescheduled appointments; for significant additional time and effort to make contact with non-responsive customers; and for additional installation visits needed to re-establish and maintain cellular communication with the new meter systems. The increase in scope of work involves adding 205 properties to the commercial property inventory list, performing compliance reviews for failed cross connection inspections, adding meter installations at 396 multi-family residential addresses in order to optimize the installation schedule and take advantage of the water meter delivery timeline and the lower installation fees associated with the residential phase of the project. Funds for the additional costs to this capital improvement project are programmed in the water enterprise capital improvement plan. Attachments Change Order September 17, 2024 CHANGE ORDER NO. 1 Project: Removal and Replacement of Residential Water Meters Eden Prairie, Minnesota City Project No. 157060 To: HydroCorp, Inc. You are hereby directed to make the changes noted below in the contract. NATURE OF CHANGE TO CONTRACT 1.Increase the number of residential meter installations (single family) by 62 (62 x $75.58 = $4,871.96).2.Increase the number of cross-connection inspections/meter inventories by 205 (205 x $125.49 = $25,725.45.3.Perform compliance reviews for 90 cross-connection failed inspections (90 x $125.49 = $11,294.10).4.Add up to 396 meter installations (multi-family) to the original contract (396 x $75.58 = $29,929.68).5.Add additional budget for administrative costs for missed/rescheduled appointments, etc. ($9,140.58)6.Add additional budget for 384 rescheduled commercial inventory appointments ($28,800) All additions to the scope of work are calculated using the original bid unit price schedule. ORIGINAL CONTRACT AMOUNT $ 1,392,288.00 INCREASE FROM PREVIOUSLY APPROVED CHANGE ORDERS $ 0.00 TOTAL DELETIONS -$ 0.00 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 109,761.77 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 1,502,049.77 THE ABOVE CHANGES ARE APPROVED: CITY OF EDEN PRAIRIE By By Project Manager City Manager Date Date THE ABOVE CHANGES ARE ACCEPTED: Contractor CITY OF EDEN PRAIRIE By By Mayor Date Date 09/10/2024 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Change Order No. 1 for Water Meter Supply Contract with Metering Technology Solutions ITEM NO.: VIII.H. Requested Action Move to: Approve Change Order No. 1 to the Contract with Metering Technology Solutions for the Supply of Cellular Water Meters in the amount of $137,550. Synopsis This change increases the quantities of meters to be made available for the city-wide water meter replacement project. Background Information Eden Prairie Utilities approached the city-wide meter replacement project in four phases. The first phase was product research, analysis, and system selection. The second phase was a pilot project of 3,500 accounts to capture lessons learned from a small-scale project before taking on the entire city. The third phase, which is ongoing, was the replacement of residential property water meters and the inventory of commercial water meters. The fourth phase will cover the replacement of commercial property meter systems. Although our plan was to include muti- family residential apartment buildings in the commercial phase, we can take advantage of the current contract pricing by ordering some of the meters for these types of properties now. This will also accelerate the delivery time of these meters rather than waiting for the start of the next phase, which will require another contract. Phase 4 is planned to begin after the city’s new finance software system is fully fielded and utility billing operations are tested, validated, and trained. Purchasing additional meters at the 2021 contract price will be funded by the water meter replacement project 157060 within the water utility enterprise capital improvement plan. Attachments Change Order September 17, 2024 CHANGE ORDER NO. 1 Project: Cellular AMI Water Meter Systems Eden Prairie, Minnesota City Project No. 157060 To: Metering and Technology Solutions, Inc. You are hereby directed to make the changes noted below in the contract. NATURE OF CHANGE TO CONTRACT 1.Increase the quantity of 1-inch water meters by 250 (250 x $331.00 = $82,750).2.Increase the quantity of 1-1/2 inch water meters by 50 (50 x $1,096 = $54,800). All changes are calculated using the original bid unit price schedule. ORIGINAL CONTRACT AMOUNT $ 4,494,330.00 INCREASE FROM PREVIOUSLY APPROVED CHANGE ORDERS $ 0.00 TOTAL DELETIONS - $ 0.00 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 137,550.00 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 4,631,880.00 THE ABOVE CHANGES ARE APPROVED: CITY OF EDEN PRAIRIE By By Project Manager City Manager Date Date THE ABOVE CHANGES ARE ACCEPTED: Contractor CITY OF EDEN PRAIRIE By By Mayor Date Date 09/10/2024 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Accept Proposals and Approve Agreement with Southview Design, Inc. for the Town Center Place Landscaping ITEM NO.: VIII.I. Motion Move to: Accept the proposals and approve the Agreement for Contracted Services with Southview Design, Inc. for the installation of landscaping in the Town Center Place landscape beds at a cost not to exceed of $122,457.00. Synopsis City staff worked with the Project Office to include upgrades to the LRT Green Line around the Town Center Station. As part of these upgrades, planter boxes were installed along Town Center Place. These planter boxes were installed during construction of the light rail and staff is now proposing to have a contractor install plant material and landscape rock to those between Eden Road and the LRT station. City staff worked with local landscaping contractors and received proposals from two companies. The low quote was from Southview Design, Inc. City staff have worked with this contractor on previous projects and are comfortable recommending approval. Funding for the planting will come from the Capital Maintenance and Reinvestment Fund. Attachment Agreement for Contracted Services with Southview Design, Inc. 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 17th day of September, 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Southview Design, a Minnesota Company (hereinafter "Contractor") whose business address is 2383 Pilot Knob Road, Mendota Heights, MN 55120. 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 Town Center Plaza Landscaping Project hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of September 17, 2024. The Work shall be completed by October 31, 2024. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $122,457.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under 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 Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and 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. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all 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. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ 2383 Pilot Knob Road, Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 www.SouthviewDesign.com Enhancement Proposal Billing Address Service Address Matthew Bourne 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie Town Center 8000 Town Center Place Eden Prairie, MN 55344 Phone: 952-949-8535 Manager:Juliana Cardon Date:August 28, 2024 Proposal is good for 30 days Southview Design will provide all material and labor to install plant material specific to Eden Prairie Town Center's scope of work. This proposal includes the following scope of work items: ·Installation of plant material per design provided by the City of Eden Prairie. ·Installation of weed preventative fabric to eliminate any unwanted vegetation growth in the landscape beds. ·Installation of 1.5" Washed River Rock to depth of 3" in all applicable landscape beds where plants were installed. Project Notes: All plant material is nursery-grown and will be installed to industry standards. Plant material installed by Southview Design will be warrantied for one calendar from original installation date. All landscape beds will be weed free and prepped for Southview Design upon installation date. All irrigation drip-line system components shall be in working order to ensure new plant material receives adequate water to promote new growth. Any irrigation repairs during the installation process can be completed by Southview Design at time and material rates. Total Proposed:$122,457.00 Client Signature *All applicable Taxes will be added to Invoice CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Community Center Parks and Recreation ITEM DESCRIPTION: Approve Standard Contract for Goods and Services with Johnson Fitness for replacing strength equipment in the weight room at Eden Prairie Community Center ITEM NO.: VIII.J. Motion Move to: Approve the Standard Contract for Goods and Services with Johnson Fitness for the purchase of twelve strength machines and accessories for the Eden Prairie Community Center in the amount of $52,015.00. Synopsis Staff recommends entering into a Standard Agreement for Goods and Services with Johnson Fitness for the purchase of twelve strength machines and three benches for the Eden Prairie Community Center’s weight room. The new machines will replace the existing, aged machines and will make better use of the limited, though heavily used, space. Background The weight room is a heavily used area of the fitness floor. The limited space, layout of the current machines and aged equipment create a challenging workout space for patrons. The strength machines in this space have been in place since 2008 or earlier. In an effort to replace aged equipment and maximize the space, updated equipment will be strategically placed to give patrons an ideal weightlifting experience. Staff obtained quotes from vendors Life Fitness, which is the brand of most of the current equipment, and Johnson Fitness, which offers comparable equipment in a variety of brands. Though members are familiar with the functionality of the current Life Fitness equipment, after thorough research and testing, staff identified a combination of Matrix and Hoist brand machines that offered greater functionality, while focusing on the same muscle groups of the current machines. The Matrix strength machines include 1 Functional Trainer, 1 Perfect Squat/Calf, 1 Leg Press, 1 Smith machine, 1 Preacher Curl, 2 Power racks and 2 3-way Olympic benches (excluding decline). The Hoist strength machines include 1 Chin Dip Assist, 1 Back Extension and 1 3-way Olympic bench (including decline). Recommendation The quotes presented to staff from Johnson Fitness and Life Fitness were within $400 of each other. Upon reviewing the proposals, staff recommends the purchase of twelve strength machines and accessories through Johnson Fitness for the Eden Prairie Community Center due to their preferred functionality. Attachments Quotes from Johnson Fitness and Life Fitness Standard Contract for Goods and Services Ship To Information Bill To Information Megan Munoz16700 Valley View RdEden Prairie, MN 55344 Eden Prairie Community Center Home: (952) 949-8402 QuoteDrew Wurst (3827)7585 Equitable DriveEden Prairie, MN 55344Phone: (952) 500-0508 Fax: (952) 906-6909Email: drew.wurst@johnsonfit.com Work: (952) 949-8472 22-065882Quote Order Expiration Date:8/24/2024 Terms:Prepaid Johnson Fitness & Wellness Megan Munoz16700 Valley View RdEden Prairie, MN 55344 Eden Prairie Community Center Home: (952) 949-8402 Work: (952) 949-8472 01/03/24Date Cell: (952) 949-8470 Cell: (952) 949-8470Email: send invoice to drew.wurst@johnsonfit.com mmunoz@edenprairie.org Email: send invoice to drew.wurst@johnsonfit.com mmunoz@edenprairie.org Qty Description Price Ext. PriceSKUDeliveryMethodTaxYourPriceList 8-19-24 Update - 1 adjustable benchBlack Pads, Silver Frames for everything Deliver1 G3MSFT4 Matrix* Aura Functional Trainer - 400# Stack $7,840.00 $7,840.00$10,605.00includes 10 attachmentscenter storage for accessoriesMultiGrip Pull-Up Handles w/Rock Climb Grips Plate-Loaded Deliver1 VY-400 Matrix Varsity Series Pefect Squat $3,280.00 $3,280.00$3,580.00Deliver1 MG-PL70 Matrix Magnum Series PL Leg Press $4,615.00 $4,615.00$5,285.00Deliver1 MG-PL62 Matrix Magnum Smith Machine $4,615.00 $4,615.00$5,285.00vertical bar path Deliver1 HF-RS-1700 Hoist ROC-IT Chin Dip Assist w/Rock ClimbGrips $4,685.00 $4,685.00$6,299.00 - standing style assist (flip away for free use) Benches & Bench Presses Deliver1 HF-CF-2179B Hoist 3 Way FID Oly Bench $2,055.00 $2,055.00$2,499.00- new version of your flat/incline/decline bench Deliver2 MG-C895 Matrix Magnum Series 3-Way Olympic Bench $3,845.00 $7,690.00$5,270.00Adjust from Flat, to Incline to Shoulder Pressw/plate storage horns 1 3of Qty Description Price Ext. PriceSKUDeliveryMethodTaxYourPriceList Deliver1 MG-A82 Matrix Magnum Series Multi-AdjustableBench LP $1,230.00 $1,230.00$1,405.00 Deliver1 A87 Matrix Magnum Utility Bench (IS/Black)$715.00 $715.00$815.00 Deliver1 MG-A62 Matrix Magnum Series Preacher Curl $1,070.00 $1,070.00$1,230.00 Deliver1 HF-CF-3663 Hoist Back Hyper Extension Benchw/AdjustableAngle $895.00 $895.00$1,099.00 - w/plate horns on frame Deliver2 MG-MX47 Matrix Magnum MX Premium Power Rack $3,805.00 $7,610.00$5,692.00Deliver6 MG-MXO6 Matrix Magnum MX Base Pull-up Bar Deliver4 MG-XR27C-4 Matrix Magnum 12" Weight Storage Horn: 4-Pack Deliver4 MG-XR27CS Matrix Magnum 6" Weight Storage Horn Deliver2 MG-MXO16 Matrix Magnum MX Upper Dual Olympic Bar Storage with 10 Plate Storage Horns per rack3 Mounted Pull-Up Bars per rackUrethane Coated J-Hooks & Spot ArmsDouble Barbell Hanger/Storage per rack 1 Factory Freight $940.00 $940.00$3,704.91reduced freight c/o Johnson Fitness Deliver1Install Labor/Delivery/Assembly $3,800.00 $3,800.00$5,140.00*Includes Moving 5 FreeMotion Piecesinto space created by removal of Chest Press Removals, Recycles, Disposals: Deliver1Used Product Pickup / Equip Move $975.00 $975.00Remove: Squat rack, smith, Hoist bench, preacher curl bench, adjustable benches, back ext,FreeMotion Chest Press-cable, CMDAP functional trainer, plate load leg press Special Instructions:StrengthIce silver/platinum frames, Black Matrix PadsBlack Hoist PadsNET 30 Terms Item Total:Tax:TOTAL: $52,015.00$0.00$52,015.00 2 3of Standard Terms and Conditions 1.All orders must be prepaid before shipment without approved credit. 2.These prices are subject to change after 30 days from document date. 3. There will be a 1.5% monthly service charge on all overdue accounts. The buyer is also responsible for any collection and/or legal fees involved in collecting past due accounts. 4.Any changes on orders must be made within 7 days after the order is accepted. 5. Clerical errors subject to correction. All prices and agreements are contingent upon strikes, accidents, and other causes avoidable or beyond our control. 6.Buyer agrees to promptly file claim for all goods damaged in transit. 7. There will be a 25-35% restocking charge on merchandise ordered but not accepted. Special orders are not refundable. Delivery, Set-Up and Freight charges will not be refunded. 8.A Preventative Maintenance Agreement is available for all equipment. 9.Equipment lease is available with approved credit. 10. All unit prices are F.O.B. manufacturer.11. Products purchased without commercial warranties that are placed in non-residential settings void manufacturer's warranty. All repair costs are customers responsibility. Please send check payments to: DBA Johnson Fitness & Wellness 1600 Landmark Drive Cottage Grove, WI 53527 Acceptance of Proposal: These prices, specifications and conditions are satisfactory and are hereby accepted. I am authorized to order the listed equipment with full understanding of the payment terms. Authorized Signature:_______________________________________________ Print Name:_______________________________________________ P.O. Number:_______________________________________________ Date of Acceptance: _______________________________________________ www.johnsonfit.com/commercial 3 3of This is a draft quote and not a contract - Subject to management approval QUOTE Quote#3773139 - 1R Date 15-AUG-2024 Bill To CITY OF EDEN PRAIRIE COMMUNITY CENTER 16700 VALLEY VIEW RD EDEN PRAIRIE,HENNEPIN MN 55346-4243 US Contact: Cell: Office: Email: Ship To CITY OF EDEN PRAIRIE COMMUNITY CENTER 16700 VALLEY VIEW RD EDEN PRAIRIE, HENNEPIN MN 55346-4243 United States Contact: Cell: Office: Email: Page 1/4 SALES REPRESENTATIVE JARED ALLEN Cell: 763-300-4217 Office: Email: Jared.Allen@lifefitness.com Life Fitness Corporate Address:Remittance Address: 10601 Belmont Avenue 2716 Network Place, Franklin Park, IL 60131 USA Chicago,IL Phone: Main (847) 288-3300 60673, USA Toll Free (800) 735-3867 ONSITE CONTACT Cell: Megan Munoz @ 952-949-8402 Email: mmunoz@edenprairie.org Facility ID: Line Model #Qty Unit Price Unit Discount Unit Selling Price TOTAL PRICE 1 HS-OB Hammer Gym Bar,29MM,Chrome,Bushing,20KG 5 751.00 -225.30 525.70 2,628.50 2 HDW-HR HD ATHLETIC NX HALF RACK - TITANIUM/7FT 7IN (91IN) / 231CM TRAINING UPRIGHT/LANGUAGE: ENGLISH/PULL UP: 2 HANDLE/REAR XM: HAMMER STRENGTH SIGN/PREMIUM BAR SUPPORT/HALF RACK PREMIUM BAR CATCH/NONE/21IN / 54CM LONG STORAGE DEPTH/3 PAIR STANDARD AND 2 PAIR XL LENGTH Total 13,442.00 5 2,216.00 -775.60 1,440.40 7,202.00 PULL UP: 2 HANDLE 5 159.00 -55.65 103.35 516.75 REAR XM: HAMMER STRENGTH SIGN 5 319.00 -111.65 207.35 1,036.75 PREMIUM BAR SUPPORT 5 164.00 -57.40 106.60 533.00 HALF RACK PREMIUM BAR CATCH 5 807.00 -282.45 524.55 2,622.75 3 PAIR STANDARD AND 2 PAIR XL LENGTH 5 471.00 -164.85 306.15 1,530.75 3 HSLLP HAMMER STRENGTH LINEAR LEG PRESS - Platinum Frame/Black Upholstery/LANG.ENG 1 7,150.00 -2,502.50 4,647.50 4,647.50 4 HSSMV HAMMER STRENGTH VERTICAL SMITH - Platinum Frame/LANG.ENG 1 6,750.00 -2,362.50 4,387.50 4,387.50 QUOTE Quote#3773139 - 1R Date 15-AUG-2024 Page 2/4 This is a draft quote and not a contract - Subject to management approval Line Model #Qty Unit Price Unit Discount Unit Selling Price TOTAL PRICE 5 SS-ADC INSIGNIA SERIES ASSIST DIP CHIN - Platinum Clear Frame/Double Stitch Black Uph/English/C-LB Weight Stack/Standard Rear Shroud/L Trim Total 4,619.55 1 6,379.00 -2,232.65 4,146.35 4,146.35 C-LB Weight Stack 1 199.00 -69.65 129.35 129.35 L Trim 1 529.00 -185.15 343.85 343.85 6 LBR-BE Life Fitness Back Extension - Frame Platinum/Uph Black Double Stitch 1 1,809.00 -633.15 1,175.85 1,175.85 7 LBR-MA LIFE FITNESS MULTI ADJUSTABLE BENCH - Frame Platinum/Uph Black Double Stitch 3 1,869.00 -654.15 1,214.85 3,644.55 8 CMDAS LF DUAL ADJUSTABLE PULLEY WITH STABILIZATION - Frame Platinum/Upholstery Black Double Stitch/English/LB/Rear Shroud/Chin Handles 1 9,999.00 -3,499.65 6,499.35 6,499.35 9 SPLBC LF PLATE LOADED BICEPS CURL - English/Platinum Frame/UPH.BLK/Platinum Work Arm/Gray Knob 1 3,808.00 -1,332.80 2,475.20 2,475.20 10 SPLCALF LF PLATE LOADED CALF RAISE - Black Single Stitch Upholstery/Platinum Work Arm/English/Gray Knob/Platinum Frame 1 2,509.00 -878.15 1,630.85 1,630.85 QUOTE Quote#3773139 - 1R Date 15-AUG-2024 Page 3/4 This is a draft quote and not a contract - Subject to management approval PO Number Subtotal Payment Type List Price 69,174.00 Payment Terms NET 30 Adjustment and Surcharge -24,023.15 Freight Terms Selling Price 45,150.85 FOB Freight/Fuel/Installation 7,254.79 Tax TAXES AS APPLICABLE Total(USD)52,405.64 Notes: Discount based on package pricing. Any changes to quantities or product may affect pricing. QUOTE Quote#3773139 - 1R Date 15-AUG-2024 Page 4/4 This is a draft quote and not a contract - Subject to management approval Shipment Priority:STANDARD Requested Delivery Date: 08-NOV-2024 This order quote is valid for 30 days. Buyer may accept by either (1) returning this quote with Buyer's signature or (2) by Buyer issuing a Purchase Order against this quote to Life Fitness. In all cases, this order quote and its acceptance are subject to the Life Fitness Commercial Terms & Conditions of Sale posted online at https://www.lifefitness.com/en-us/legal/terms-conditions, which supersede any terms in Buyer's purchase orders, policies, vendor guidelines and any other documents that pre-date or post-date this purchase. Any inconsistent terms in Buyer's documents are deemed to have been rejected. Upon acceptance by Buyer and then Life Fitness, this Agreement shall become legally binding and constitutes the sole and complete agreement of the parties. For avoidance of doubt, if Buyer and Life Fitness executed an active Master Agreement, the applicable Master Agreement will govern this Agreement and the Life Fitness Standard Terms and Conditions will supplement. (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the 20th day of August 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Johnson Fitness, a Minnesota business hereinafter “Vendor”) whose business address is 7585 Equitable Drive, Eden Prairie, MN 55344. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for the purchase, delivery and assembly of 12 strength machines and their accessories, hereinafter referred to as the “Work”. The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by 12/31/24. 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $52,015.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 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. 5. Staffing. The Vendor has designated Johnson Fitness staff to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 6 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this Contract. Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 6 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Vendor 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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ DW Drew Wurst, Johnson Fitness Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 6 EXHIBIT A Quote/Proposal/Scope of Work CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Approve Contract with Landbridge for Restoring Woodlands in Miller Park ITEM NO.: VIII.K. Motion Move to: Accept quote and authorize entering a Contract for Goods and Services with Landbridge for the restoring woodlands in Miller Prak at an amount not to exceed of $21,855.00. Synopsis Staff has been working to remove buckthorn and restore woodland pockets within Miller Park. This work utilizes Conservation Partners Legacy (CPL) grant funds from the MN Department of Natural Resources (DNR). Four ecological restoration vendors submitted a proposal to conduct invasive species management in the woodland areas at Miller Park. An on-site pre-bid meeting was held with four vendors attending. Background Miller Park is adjacent to Mitchell Lake with approximately 15 acres needing to be restored or enhanced that will help improve water and habitat quality. The initial removal of buckthorn from 10 acres along the woodland trails had been done in 2022, follow-up planting and other invasive removal will now take place. Two new areas will have initial buckthorn removal at Miller Point and around the wetland next to the hockey rinks, which will be done by Park Maintenance staff and ICWC crews. The contractor will help with the follow-up invasive species removal over the next two years. Volunteers through Friends of Eden Prairie Parks will help lead events for planting native species to enhance pollinator habitat and help with long-term maintenance of invasive species such as buckthorn and garlic mustard. This contract fulfills the grant requirements laid out in the CPL grant funded by the MN DNR. The total cost of the project is in line with initial estimates staff received and funding for this project will come from the 2024 MN DNR CPL grant funds. Attachment Vendor Pricing Contract Attachment: Vendor Pricing Oak Woodland (2.7 acres) MNL NRP RES Landbridge Timeframe Activity Quantity Cost Cost Cost Cost Spring '25 to Spring '26 Invasive Management 3 $ 5,550.00 $ 8,002.73 $ 3,894.00 $ 7,650.00 Fall 2025 Cut buckthorn regrowth 1 $ 8,300.00 $ 9,232.32 $ 11,327.00 $ 4,410.00 Maple-Basswood Forest (10.4 acres) Activity Activity Quantity Cost Cost Cost Cost Fall 2024 Cut buckthorn regrowth 1 $ 16,710.00 $ 20,762.52 $ 16,555.00 $ 6,487.50 Wetland Catchment - Wet Forest (2.5 acres) Timeframe Activity Quantity Cost Cost Cost Cost Fall 2025 Cut buckthorn regrowth 1 $ 6,475.00 $ 9,232.32 $ 6,042.00 $ 3,307.50 Page 1 of 18 City of Eden Prairie Miller Park Restoration Request for Proposals Submission: Bids shall be submitted electronically to kwittner@edenprairie.org before August 16, 2024, by 9 am to be considered. Questions Due August 9 Pre-bid Site Meeting: 9:00 am on Wednesday July 31, 2024 Playground (Miller Pkwy W) at Miller Park 8208 Eden Prairie Rd, Eden Prairie, MN 55347 Project Manager: Karli Wittner, Forestry & Natural Resources Supervisor Ph: 952-949-8463 - kwittner@edenprairie.org 15150 Technology Drive, Eden Prairie, MN 55344 Page 2 of 18 City of Eden Prairie Requirements for Contract Services 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 above ‘City of Eden Prairie Miller Park Forest Restoration’ hereinafter referred to as the "Work". The City and Contractor agree as follows: 1.Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2.Effective Date and Term of Agreement. This Agreement shall become effective as of the date both the City and Contractor sign the contract. The work shall be completed June 1, 2026. 3.Obligations of Contractor. Contractor shall conform to the following obligations: a.Contractor shall provide the materials and services as set forth in Exhibit A, Exhibit B, and Exhibit C. b.Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. c.Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. d.Pursuant to Minnesota Statutes 177.41 to 177.44, and corresponding Minnesota Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. 1.City’s Obligations. City will do or provide to Contractor the following: a.Provide access to City properties as appropriate. 2.Compensation for Services. City agrees to pay the Contractor as listed on ‘City of Eden Prairie Miller Park Forest Restoration’ as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A and Exhibit B. a.Any changes in the scope of the work which may result in an increase to the compensation due to 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 Page 3 of 18 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. 3.Method of Payment. a.Contractor shall prepare and submit to City 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. 4.Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 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 Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6.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 Page 4 of 18 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. d.Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e.All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f.All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g.All polices shall contain a waiver of subrogation in favor of the City. Page 5 of 18 h.All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i.All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j.Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k.It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l.All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m.Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n.A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. 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 Page 6 of 18 (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. 7.Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8.Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages Page 7 of 18 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. 9.Termination. a.This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b.Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. 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. 10.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 Page 8 of 18 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. 11.Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15.Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16.Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and 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. Page 9 of 18 20.Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21.Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22.Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24.Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all 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 Page 10 of 18 aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26.Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27.Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29.Statutory Provisions. a.Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b.Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 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. Page 11 of 18 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Page 12 of 18 Exhibit A 1) SCOPE OF WORK *Updated 1. City of Eden Prairie proposes to hire an ecological restoration contractor to manage invasive species in an oak woodland (2.7 acres), maple-basswood forest (10.4 acres), and wetland catchment (2.5 acres) at Miller Park (8208 Eden Prairie Rd, Eden Prairie, MN 55347). The goal is to begin invasive species management this Fall 2024, until the contract ends June 1, 2026. Contractors will provide a breakdown of costs in their proposal with timeline and associated activity. Site maps can be found in Exhibit B. 1.1.1. Oak Woodland (2.7 acres) will need three follow up treatments for buckthorn resprouts and other invasive species following initial removal in Winter 2024. Treatments can include a mixture of herbicide use and/or mechanical removal. 1.1.2. Maple-Basswood Forest (10.4 acres) is currently in decent shape with buckthorn secondary regrowth occurring. The contract will need to cut newly grown buckthorn and other non-native shrubs with brush saws to avoid impacting native shrubs. 1.1.3. Wetland Catchment (2.5 acres): will need three follow up treatments for buckthorn resprouts and other invasive species following initial removal in Winter 2024. Treatments can include a mixture of herbicide use and/or mechanical removal. 2) QUALIFICATIONS 1. Herbicide applicators must be Minnesota Department of Agriculture Commercial certified pesticide applicators. Herbicide application must follow industry standards for temperature and weather conditions, according to label directions and the State of MN Commercial Pesticide Applicator Manual. Label directions must be followed; active ingredient must be of sufficient percentage to effectively kill the target weeds. Herbicide application must follow label instructions and recommendations, and applicator must follow all industry safety standards. 3) SPECIFICATIONS – GENERAL 2. The Contractor is required to meet with the City on site prior to any work beginning on this contract. The pre-bid meeting may count towards this requirement. 3. The Contractor needs to build labor, materials, equipment, and mobilization expenses into their cost per ‘activity’. The City reserves the right to reject any activity in the proposal or request changes. The Contractor will need to include on the invoice the management activity completed, and date work took place. Performance Standards must be met before payment will be issued. 4. Contractor will notify the City’s Project Manager at least 24-hours in advance of when they plan to be on-site. The Contractor must also contact the City’s Project Manager within the first 48 hours of work occurring on this project to confirm that work went as intended. 5. Contractor shall provide a certificate of liability insurance, listing the City of Eden Prairie as a Certificate Holder covering all activities within the scope of the contract performed by the Contractor. The policy must have a single limit liability coverage minimum of $1,000,000. Page 13 of 18 Contractor must provide a certificate of workers compensation coverage prior to starting work. All costs for fuel, parts, equipment, and labor are the contractor’s responsibility. 6. Work may only be performed from 7AM-7PM, Monday through Friday, unless prior approval is given by the City’s Project Manager. Work may not occur on holidays recognized by the City of Eden Prairie. 7. For all tasks, follow best management practices to minimize negative impacts including but not limited to soil compaction, rutting, and other soil disturbances; herbicide drift and non-target impacts; disturbance to nesting birds and other wildlife. Any rutting of soils or damage to land must be mitigated before payment will be granted. 8. Vehicles are not allowed on steep slopes (greater than 40% grade). 9. Care should be taken to minimize negative impacts to existing desirable plants using selective herbicides and seasonal timing for spraying. 10. Any machinery/equipment used on this contract must be thoroughly cleaned prior to entering a site to prevent bringing in undesirable seeds. 11. No portion of the work on this contract may be sub-contracted or performed by another contractor other than the contractor listed in this agreement, unless approved by the City. 12. Failure to abide by any of these specifications could result in nonpayment for services or immediate termination of this contract, as decided by the City. 4) SPEFICIATIONS – INVASIVE MANAGEMENT 13. Manage all Undesirable Species by the Contractor such that seedset is reduced or eliminated and the ability of the plant to compete with desirable vegetation is greatly reduced. 14. Avoid herbicide application on windy days and ensure a rain-free period of at least 3 hours after application. 15. Aquatic formula is required when applying within 100 feet of a wetland. Appropriate surfactant is added to herbicides mixes, such as aquatic approved, when applied on or near water unless otherwise approved by the City prior to treatment. 16. Herbicide should be applied when targeted plants are not dormant. This is typically between April and November but varies year to year. 17. Use herbicide dye with herbicide so the City can see what was treated. 18. Herbicide applicators must be able to accurately identify all target plants, particularly common and glossy buckthorn, honeysuckle, and garlic mustard. 19. Forestry Mulcher or similar equipment must only be used when ground is frozen and target undesirable woody plants. Page 14 of 18 20. All undesirable woody plants greater than 4” DBH (diameter at breast height) not removed by Forestry mulcher must be cut and stumps treated. 21. All undesirable woody plants smaller than 4” DBH (diameter at breast height) must cut mechanically, such as with a brush saw. Herbicide application is acceptable on seedlings. 22. Mowing or other invasive management is acceptable with best management practices. PERFORMANCE STANDARDS Management Task Payment Schedule Performance Standards Corrective Measures Herbicide Application/ Invasives Management Full payment upon completion and achievement of performance standard. 80% of Undesirable Species have been treated and there is visual confirmation of treatment by City Project Manager. All specifications in this contract have been met. Contractor must send crew out to treat missed undesirable species within two weeks after initial application. Contractor will not be paid for additional hours for re-treatment within this time period. After re-inspection and confirmation of completeness by the City, payment will be released for initial visit. Mechanical Control (ex. Forestry Mulcher) Full payment upon completion and achievement of performance standard. 95% of undesirable woodys, such as buckthorn or honeysuckle mulched. Any left standing are cut and treated. Contractor must send a crew out to cut and treat any missed buckthorn within four weeks after initial application. Contractor will not be paid for additional hours for re-treatment within this time period. After re-inspection and confirmation of completeness by the City, payment will be released for initial visit. IMPORTANT NOTE: Any performance standard(s) not met, as determined by the City, shall require correction by Contractor. Method of correction will be discussed with and approved by the City in writing prior to implementation. Corrections shall be implemented by Contractor at Contractor’s expense until all performance standards are met. Proposal Form *Site map can be found in Exhibit B* Oak Woodland (2.7 acres) Timeframe Activity Quantity Unit Price Cost Spring '25 to Spring '26 Invasive Management 3 $ 2,550.00 $ 7,650.00 Fall 2025 Cut buckthorn regrowth 1 $ 4,410.00 $ 4,410.00 Maple-Basswood Forest (10.4 acres) Activity Activity Quantity Unit Price Cost Fall 2024 Cut buckthorn regrowth 1 $ 6,487.50 $ 6,487.50 Wetland Catchment - Wet Forest (2.5 acres) Timeframe Activity Quantity Unit Price Cost Fall 2025 Cut buckthorn regrowth 1 $ 3,307.50 $ 3,307.50 Total to be Awarded by City: $ 21,855.00 Company Name: Company Email: Contractor Contact Information Company Phone *Need to sign on next page and return entire document to complete bid* 2.COMMENCEMENT OF WORK, COMPLETION OF WORK, AND INVOICING 24.All work shall be completed by June 1, 2026, with no opportunity for extension. 25.The Contractor will need to furnish the City with a list indicating the date the site was worked on, the targeted plant(s), and the management activities completed with each invoice. A copy of the record of all pesticide/herbicide applications shall be submitted to the City. Submitting records with invoices is acceptable. 26.Invoicing for completed work shall not be submitted more frequently than monthly. 27.E-mail invoices to kwittner@edenprairie.org 28.The undersigned, after having personally examined the plans, specifications, for the proposed work, hereby proposes to furnish all labor, materials, equipment, and service necessary for the work outlined in this contract. 29.The undersigned further agrees to fully complete all such work and to maintain the entire work in a proper and workman like manner until approved and accepted by the City's Project Manager in accordance with this contract. 30.The undersigned further proposes to comply with all legal requirements of contractors on public property. 31.It is hereby agreed that the City of Eden Prairie has the right to reject this proposal or to award the work to the undersigned at the prices stipulated. The City of Eden Prairie also reserves the right to increase or decrease the quantity of work as indicated in the original proposal at any time. Page 16 of 18 By signing below the contractor agrees to meet all requirements listed as conditions and specifications of this document, along with the 'City of Eden Prairie Requirements for Contract Services' found below. If the city accepts the proposed bid, a city representative will sign below and return to the company, making this a formal contract. Contractor signs at time of bid. Legal Name of Company l:;7o \\�� (7',\�a �,-�:. • ..f �\J-\,t "''� SSI \t<.-/ <, Legal Address of Company Date City fills out after accepting bid. Authorized By _________________ _ City of Eden Prairie Representative Date Contractor has the winning bid for this contract and can move forward with work as soon as a copy signed by the city is received. Page 17 of 18 Page 18 of 18 Exhibit B: SITE MAPS & DESCRIPTIONS CITY COUNCIL AGENDA SECTION: Consent Calendar DATE Sept. 17, 2024 DEPARTMENT / DIVISION Amy Markle, Parks and Recreation Director ITEM DESCRIPTION Lease Agreement with School District No. 272 for Use of Community Center Locker Room Space ITEM NO. VIII.L. Requested Action Move to: Authorize Entering Into a Lease Agreement with Independent School District No. 272 for Use of Community Center Locker Room Space Synopsis The Eden Prairie School District (Independent School District No. 272) leases locker room space at the Community Center for their high school hockey program. The past lease is set to expire and a new lease is being requested. The requested lease is for a three (3) year term commencing on October 1, 2024, and terminating on September 30, 2027, unless extended or sooner terminated. The District would pay the City an annual rental rate of Four Thousand Three Hundred Fifty-Six Dollars ($4,356.00). Attachment Lease Agreement LEASE AGREEMENT THIS LEASE AGREEMENT is made this 9th day of Ausust 2024,by and between the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called 'oI.essor"), and Independent School District No. 272, aMinnesota public school (hereinafter called "Lessee"). WITNESSETH: That Lessor is the owner of the Eden Prairie Community Center, located at 16700 Valley View Road in the City of Eden Prairie (the "Community Center"), which houses three indoor ice rinks; That Lessee operates the Eden Prairie High School Girl's Hockey program, which uses the ice rinks at the Community Center; That Lessee desires to lease 242 squarc feet of space in the Community Center, located adjacent to Rink 2, for the exclusive use of Eden Prairie High School Girl's Hockey, which space is depicted on Exhibit A attached hereto (hereinafter referred to as the "Premises"); and That Lessor, for valuable consideration hereinafter contained, hereby leases unto Lessee, and Lessee hereby takes and hires the Premises. 1. Term: Rent. Lessee hereby leases said Premises for a three (3) year term commencing on October 1,2024, and terminating on September 30,2027, unless extended or sooner terminated as hereinafter provided. Lessee shall pay to Lessor as and for Base Rent for the Premises annual rental of Four Thousand Three Hundred Fifty-Six Dollars ($4,356.00). Said annual rental shall be paid in advance on or before October I of each year of the term ofthis Lease at the address of the Lessor as hereinafter set forth or such other place as the Lessor may, from time to time, designate in writing, commencing on the l't day of October,2024. The rent provided for in this section shall be an absolute net rent to the Lessor for the leased Premises. All other obligations of Lessee hereunder shall be paid in addition to the rental established by this section. Either parly may terminate this Lease prior to the expiration of the term as set forth above upon ninety (90) days' wriffen notice to the other party. 2. Use of Premises. Lessee may use the Premises for the purpose of ateam/coaches room for Eden Prairie High School Girl's Hockey. Lessee shall not perform any acts or carry on any practices which may injure the building and shall keep the Premises under its control clean and free of rubbish and dirt at all times, and shall dispose of all trash and garbage in the manner directed by Lessor as applicable to the Community Center as a whole. 3. Ouiet Enjoyment. Lessor covenants that Lessee, on the performance of the terms and conditions of this Lease, shall and may peaceably and quietly have, hold and enjoy the Premises for the term aforesaid. 4. Alteration or Improvement of Premises. Lessee may not alter, renovate or improve the Premises without the prior written consent of Lessor. Any alterations, additions and improvements which may be made or installed by the Lessee shall remain upon the Premises and at the termination of this Lease shall be surrendered with the Premises as a part thereof. Lessee shall indemniff and save Lessor harmless from any and all liens for labor, materials and supplies which may arise by reason of such alterations or improvements made by Lessee. 5. Taxes and Assessments. Lessee shall, as Additional Rent to the rent otherwise payable hereunder, pay when due all personal property taxes, use taxes, real property taxes, sales taxes, rates, charges, levies and special assessments, general or special, of every kind which shall become due and payable or which are to be assessed against or levied upon the Premises during the term of this Lease. Lessor shall promptly forward to Lessee all bills received by Lessor for taxes which Lessee is required by the provisions of this Lease to pay, and which shall be assessed or levied against Lessor, and Lessee shall deliver promptly to Lessor receipts evidencing payments ofall such taxes. It is further agreed that in the case of non-payment or failure by the Lessee to pay and discharge any taxes, assessments, rates, charges or levies, as herein provided, then the Lessor may, at its option and without prejudice to any other rights of said Lessor, pay such taxes, assessments, rates, charges or levies or redeem from any sale or forfeiture made because of the non-payment thereof or buy the Premises at any tax sale, and the amount of any and all payments made for such purposes shall be forthwith paid by the Lessee in such amounts as so much Additional Rent for the premises and the Lessor shall have a lien for the repayment of the same, to the same extent as for other rent herein reserved. Insurance. Lessee shall purchase at its own expense and keep in force during this Lease a policy or policies of; Worker'sCompensation StatutoryLimits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,000,000 property damage per occumence $2,000,000 general aggregate $2,000,000 Products - Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive AutomobileLiability $1,000,000 combined single limit (shall 6. A. B. include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 All Risk or Special Form coverage protecting Lessee against loss of or damage to Lessee's alterations, additions, improvements, carpeting, floor coverings, panelings, decorations, frxtures, inventory, plate glass and other business personal property situated in or about the Premises to the full replacement value of the property so insured; and, Business Interruption Insurance with limit of liability representing loss of at least approximately six months of income. Comprehensive General/Commercial General Liability policies shall be equivalent in coverage to ISO form CG 0001, and shall include the following: I Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XC[D. Personal and Advertising Injury coverage with Employment Exclusion (if any) deleted. Broad Form CG0001 0196 Contractual Liability coverage or its equivalent. Broad Form Propeffy Damage coverage, including completed operations, or its equivalent. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent, naming "the City of Eden Prairie." 6. Severability of Insureds provision There shall be no endorsement ormodifrcation ofthe Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Lessee shall maintain in effect all insurance coverages required under this Paragraph at Lessee'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 specifrcally accepted by Lessor in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: All polices shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); 2 J. 4. 5 C I 2. J 4 5 6. All policies, except the Worker's Compensation Policies, shall contain a waiver of subrogation naming 'the City of Eden Prairie"; All policies, except the Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; All policies, except forthe Worker's Compensation Policy, shall be primary and non-contributory; All policies, except the Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Lessee under this Agreement; and All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thiúy (30) days prior written notice to the Lessor. A copy of the Lessee's Certificate of Insurance which evidences the compliance with this Section 6 must be filed with Lessor prior to the commencement of the term ofthis Lease. Upon request a copy ofthe Lessee's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to Lessor and shall provide satisfactory evidence that Lessee has complied with all insurance requirements. Renewal certificates shall be provided to Lessor prior to the expiration date of any of the required policies. Lessor will not be obligated, however, to review such declaration page, Rider, Endorsement or certif,rcates or other evidence of insurance, or to advise Lessee of any deficiencies in such documents and receipt thereof shall not relieve Lessee from, nor be deemed a waiver of, Lessor's right to enforce the terms of Lessee's obligations hereunder. Lessor reserves the right to examine any policy provided for under this paragraph. Effect of Lessee's Failure to Provide Insurance. If Lessee fails to provide the specified insurance, then Lessee will defend, indemniff and hold harmless the Lessor, the Lessor's ofTicials, agents and employees from any loss, claim, liability and expense (including reasonable attomey'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 laq this indemnity applies regardless of any strict liability or negligence attributable to the Lessor (including sole negligence) and regardless ofthe 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 Lessee, its subcontractors, agents, employees or delegates. Lessee agrees that this indemnity shall be construed and applied in favor of indemnification. Lessee 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. D. If a claim arises within the scope of the stated indemnity, the Lessor may require Lessee to: a. Furnish and pay for a surety bond, satisfactory to the Lessor, guaranteeing performance ofthe indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Lessee's insurance company. Lessee will take the action required by the Lessor within fifteen (15) days ofreceiving notice from the Lessor. E.Whenever Lessee shall undertake any alterations, additions or improvements in, to or about the Premises ("Work") the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in connection with such Work, without limitation including liability under any applicable structural work act, and such other insurance as Lessor shall require; and the policies of or certificates evidencing such insurance must be delivered to Lessor prior to the commencement of any such Work. Lessee shall also require surety payment and performance bonds, or other similar securþ approved by Lessor for any Work done on the Premises. 7. Maintenance. Repair. Replacement. Lessee covenants that throughout the term of this Lease, Lessee will, at its own expense, maintain the Premises and all improvements and fixtures thereon in good order and repair, and shall promptly make all necessary repairs and shall keep the Premises in a clean, safe and sanitary condition in conformity with all applicable laws, ordinances, regulations and codes. Lessor shall be under no obligation to rebuild, replace, maintain or make repairs to the Premises or the improvements and fixtures thereon, during the term of this Lease; provided, however, that Lessor shall make available to Lessee to the extent of Lessee's actual expenditures therefor any monies received by Lessor in reimbursement or in compensation for damage or loss to the Premises in connection with any bonds, insurance, damage recovery or litigation affecting the Premises. The Premises shall be retumed to Lessor at the termination of the Lease in at least as good of a condition as the Premises are in as of the commencement of the Lease. Lessor shall have the right at any reasonable time to inspect the Premises. Lessor may request that Lessee make any repairs which, in Lessor's opinion, are reasonable and essential for the protection and maintenance of the Premises or any part thereof; if Lessee fails to commence such repairs within fifteen (15) days after notice from Lessor, Lessor may make such repairs or cause such repairs to be made, and any expenditures for such work shall be considered as Additional Rent payable in addition to any other rent payable hereunder. 8. Utilities. Lessor shall provide and pay for all water, gas, electricity, and other utilities used in the Premises. Lessor shall not be liable in damages or otherwise for failure to fumish such services where failure or intemrption is due to causes beyond Lessor's reasonable control. 9. Indemnification. Lessee agrees to indemniff and hold Lessor harmless from any and all actions or causes of action, suits, liens, foreclosures, costs, expenses, taxes, damages, debts and liabilities arising out of or in any way related to Lessee's use, occupation and operations on the Premises. Said obligation of Lessee shall be Additional Rent payable in addition to any other rent payable hereunder and shall include, without limitation, the obligation to promptly reimburse Lessor for all reasonable fees and disbursements of counsel in connection with the matters for which Lessee has agreed to indemniff and hold Lessor harmless. 10. Surrender. On the last day of the term of this Lease or on the sooner termination hereof; the Lessee shall peaceably surrender the Premises in good condition and repair, consistent with the Lessee's duties to make repairs as provided in Section 8 hereof. On or before the last day of the term of this Lease or sooner termination thereof, the Lessee shall at its expense remove all of its equipment from the Premises, and any property not removed shall be deemed abandoned. If the Premises are not surrendered at the end of the term or on the sooner termination thereof the Lessee shall indemni$ the Lessor against any loss or liability resulting from delay by the Lessee in so surrendering the Premises, including without limitation claims made by any succeeding tenant founded on such delay. The Lessee shall promptly surrender all keys for the Premises to Lessor at the place then fixed for payment of rent and shall inform the Lessor of combinations on any locks and safes on the Premises. In no event shall the Lessee be deemed to have abandoned the Premises or this Lease during the terms hereof unless the Lessee first obtains the express written permission of Lessor. The provisions of this section shall survive the termination of the Lease. I l. Holdover. In the event that Lessee continues to occupy the Premises after the expiration ofthe term ofthis Lease or any renewal thereof or having not given notice that it intends to exercise any renewal option, nevertheless continues to occupy the Premises after the expiration of the then current term, then such occupancy shall create a month-to-month tenancy at will only, and shall in no event be deemed a renewal ofthis Lease, and either parly may terminate said month- to-month tenancy at will upon notice to the other party in accordance with the laws ofthe State of Minnesota. During such month-to-month tenancy at will, Lessee shall pay as rental for the Premises the same sum per month as it paid during the last preceding tenancy, and said month-to- month tenancy at will shall be governed by all of the conditions, provisions and obligation of this Lease insofar as they can be applicable to a month-to-month tenancy at will. 12. Eminent Domain. Ifthe whole or any part ofthe leased Premises shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then the term of this Lease shall cease on the party so taken from the date possession shall be required for any public purpose, and the rent shall be paid up to that day. If a portion of the Premises is taken by eminent domain, Lessor shall have the right to terminate this Lease by giving written notice thereof to Lessee within ninety (90) days after the date of taking. If a portion of the Premises is taken by eminent domain, and this Lease is not thereafter terminated, Lessee shall continue in the possession of the remainder of the Premises under the terms herein provided, in which case the annual rent payable hereunder shall be equal to the portion that the remaining area of the Premises bears to the area of the Premises prior to the date of taking. provided, however, that in the event a portion of the Premises is taken by eminent domain and this Lease is not thereafter terminated, Lessor shall at its own expense, restore the Premises, exclusive of any improvements or other changes made to the Premises by the Lessee' to as near the condition wnióh "*irt"d immediately prior to the date of taking as reasonably possible, and rent shall abate during such period of ümó às the Premises are untenable, in proportion that the untenable portion of tñe Premises bears to the entire remaining Premises. - Lessee shall have the right to claim against the condemning authority for the value of its leasehold estate, leasehold improvements, fixtures and moving expenses' if any' 13. Fire or Other Casualtv. If the Premises are completely destroyed by fire or other casualty, the Lessee rh"ll h"t" th" .tght to terminate this Lease, provided it gives written notice thereof to the Lessor within ninety 1eı; days after such destruction' If the Premises are damaged or destroyed by fire or other "u.uutt¡ the Lessor shall have the right to terminate this Lease, p-uia"a it givås written notice thereof to the Lessee within ninety (90) days after such damages or destruction. If a portion of the Premises is damaged by fire or other casualty and this Lease is not thereafter terminated, the Lessor shall, at its expense, restore the Premises, exclusive of any iÁpron...nts or othei "hung". made to the Premiset Uy ttt" Lessee, to as near the condition which existed immediately prior tã such damage or destruction as reasonably possible, and rent shall abate during such pêriod oftime as the Premises are untenable, in the proportion that the untenable fortion of ine premises bears to the entire Premises. The Lessor shall not be responsible to the L"r."" for damage to, or destruction of any of the Lessee's_ furniture, trade fixtures, equipment, inventory or impiovements, regardless of the cause of such damage or destruction' 14. Default. If the Lessee shall default in the payment of any installment of Base or Additional Rent, or in the observance or perforÏnance of any of Lessee's other covenants, agreements or obligations hereunder, Lessor may, ten (10) days after forwarding written notice of such default to Lessee, in the manner provided fór herein, if such default shall not have been cured by Lessee, reenter into the Premises and remove all persons and property therefrom' and at its option, aníul and cancel this Lease as to all future righis of Lessee and have, regain, repossess and "å¡oy itr" premises, unytning herein to the contrary ñotrvithstanding, and Lessee -hereby expressly waives the service of any aiditional notice in writing of intention to reenter as aforesaid, and also all rights to restoration tá possession of the Premises after reentry or after judgment1or possession thereof. In case of any such termination, Lessee will indemniff Lessor against all loss for rents and other damages whích it may incur by reason of such termination during the residue of the term of this Lease, and also against âtt f""t and disbursements of counsel incurred in enforcing any of the terms of this Lease. 15. Assisnment or Subleasins' Lessee may not sublease the Premises or assign this Lease without the piior written consent o-f L"rro. provided however in the event Lessor grants its consent, no such iubletting or assignment shall ielieve the Lessee of its duties and obligations hereunder. 16. Renewal Option. Provided Lessee has not been in default in the payment or performanc. of uny of itrãEtiptions hereunder, Lessee shall have the Option to renew this Lease for successive renewal periodã of one (l) year upon the same terms and conditions as set forth in this Lease, provided, hòw"t"r, that thè ánnual rintal and insurance coverage responsibilities for such renewal periods shall be as set forth purguant to the terms of Sections I and 6, respectively 17. Successors and Assigns. This Lease shall be binding on and shall inure to the benefit ofthe parties hereto and their respective assigns, executors, heirs, personal representatives, and successors. 18. Notices. Every notice, approval, consent or other communication authorized or required by this Lease, shall be effective if given in writing and personally delivered or sent by United States registered or certified mail, refurn receipt requested, with postage pre-paid, and addressed to the Lessor or Lessee at the following addresses or such other addresses as either party may, from time to time, designate in writing. Any such notice shall be deemed given as ofthe date of the postmark thereof. Ifto Lessor:City ofEden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager Ifto Lessee:Independent School District No. 272 8100 School Road Eden Prairie, MN 55344 Attn: Superintendent 19. Access to Premises. Lessor reserves the right to enter the Premises at reasonable hours for the purpose of assuring compliance by Lessee of all of the terms and provisions herein contained or for the purpose of exercising rights of Lessor otherwise provided by law. 20. Subordination. The Lessee agrees that at the Lessor's election this Lease shall be subordinate to any land lease, mortgages, trust deeds, or bond obligations now on or placed on the Premises and to any and all advances to be made thereunder, and to the interests thereon, and all renewals, replacements, and extensio¡ts thereof. The Lessee hereby appoints the Lessor as its attorney-in-fact to execute such documents as may be required to accomplish such subordination. 21. Brokerage Fees. Each party hereto warrants that it has not incurred any real estate brokerage fees, finder's fees, loan brokerage fees, or any other fees to any third party in connection with this Lease. In the event that any third party institutes legal action in an effort to recover such fees, the parties shall jointly defend such action. If a judgment is obtained against the parties jointly, the party responsible for breach of this warranty shall reimburse the other for the latter's attomeys' fees, court costs, expenses, and share of the judgment. 22. Amendment" Modification. or Waiver. No amendment, modification, or wavier of any condition, provision or term ofthis Lease shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or waiver. Any waiver by any party of any default or another party shall not affect or impair any right arising from any subsequent default. 23. Savings Clause. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the parties hereto agree to cooperate with one another to achieve the intended purpose of this Lease. 24. Entire Asreement. This Lease contains the entire understand ing of the parties hereto with respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Lease or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. 25. Captions. Headings or Titles. All captions, headings, or titles in the sections ofthis Lease are inserted for convenience or reference only and shall not constitute a part of this Lease as a limitation of the scope of the particular sections to which they apply. 26. Governing Law. This Lease shall be construed and enforced in accordance with the laws ofthe State of Minnesota. 27. Force Maieure. If the Lessee shall be delayed, or hindered, or prevented from the performance of any act required hereunder by reason of riots, insurrection, war, or acts of God, then performance ofthe act shall be excused for the period of delay, and the period for performance shall be extended for a period equivalent to the period of delay. [signature s on follow ing page] IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSOR: City of Eden Prairie Ronald Case, Mayor Rick Getschow, City Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2024,by Ronald Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws ofthe State of Minnesota, on behalf ofthe City. Notary Public ss. ) ) ) STATE OF MINNESOTA COUNTY QP' Hennepin LESSEE: Independent School District No. 272 Its Executive Director of Exe Its Superintendent. public school, on behalf of said organization. ces ss. ) ) ) 2024 bv tne HlÉ The foregoing instrument was acknowledged before me this 23rd day of August , Andrew Adams and Josh Swanson ,respectively C. DLE1ñÂec oï and Suoer nfenrlent-of Independent School ^-".1 naa District No.272, a Minnesota Public LAUREEN R HE¡TSTOCK Notary Pubtk Àtinnc¡ot¡ My Commilrion Explrr Jan 11,7027 EXHIBTT A DEPICTION OF PREMTSES Ets: :ì r) - 1.,': (t¿''i ¿ t a ,¡, .,. ti.tt iri.'\. I F.:::::::l square {:r * CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: Sept. 17, 2024 DEPARTMENT/DIVISION: Rick Wahlen, Public Works/Utilities Aditi Salunke, Administration/IT ITEM DESCRIPTION: Declare Surplus Property ITEM NO.: VIII.M. Requested Action Move to: Declare property surplus and authorize disposal. Synopsis Eden Prairie Utilities has a small remaining stockage of water meters and meter parts that are not compatible with the new Badger water meter system being replaced throughout the city. We have identified a dealer who is offering more than fair market value for the inventory, and this surplus declaration will allow us to dispose of the components of no further use to the city. The City has a surplus of obsolete computer equipment. This agenda item authorizes the City Manager to dispose of property to manage end of life computers, monitors, and electronics using Minnesota Computer’s services and the State of Minnesota. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Background Information Attached is a list of water meter encoders (registers) by serial number and a separate list of water meters by serial number including water meter repair parts. These items were necessary to keep in inventory before the water meter change-out project for daily use in the maintenance of the old Hersey and Sensus water meters employed throughout our system. Now that Badger Meter systems are replacing the old meter models, these items are no longer needed. Carolina Meter has offered us a very reasonable price for these meters and parts as opposed to scrapping the systems and obtaining minimal salvage value for some of the inventory. Some of the inventory they have offered to buy would otherwise require us to pay for hazardous material disposal due to the electronic components involved. Utilities requests the attached items be declared surplus. Funds received from the sale of the inventory will be placed into our water meter maintenance business unit of the water utility fund. Attachments Surplus Water Meter Property Surplus Computer, Monitor, and electronic Property Surplus Property List Eden Prairie Utilities Excess Water Meter Equipment from Radio-Read System 5/8" Regular 5/8" Digital 1" Regular 1.5" Regular 2" 3" 4" S/N S/N S/N S/N ERT #S/N S/N ERT #S/N S/N S/N 19250925 1 1900123696 1 19236201 1 10900771 27109232 1 20064995 1 10962694 27419916 1 20065040 1 18206915 1 18205413 19250930 2 1900123699 2 19236162 2 10961089 27736330 2 20064998 2 10962705 27522482 2 20065041 2 18206916 2 18205414 19250931 3 1900123668 3 19236195 3 10961070 27736255 3 20064975 3 10962715 27522487 3 20065037 3 18206917 3 18205411 19250932 4 1900123664 4 19236153 4 10961085 27736308 4 20064992 4 10900779 26504572 4 20065031 4 18206919 4 18205410 19250964 5 1900123692 5 19236198 5 10961064 27736309 5 20064994 5 20065036 5 18206914 5 18205412 19250917 6 1900123669 6 19236159 6 10961081 27736277 6 20064999 6 20065033 6 18206918 19250934 7 1900123641 7 19236156 7 10961087 27736288 7 20064997 7 20065029 7 18205399 19250937 8 1900123644 8 19236157 8 10961072 27736242 8 20064972 8 20065023 19250966 9 1900123662 9 19236196 9 20064996 9 20065032 19250935 10 1900123665 10 19236161 10 20064993 10 20065028 19250943 11 1900123666 11 19236154 11 18206903 11 20065022 19250940 12 1900123601 12 19236164 12 18206904 12 20065035 19250933 13 1900123607 13 19236160 13 20065015 13 20065030 19250938 14 1900123661 14 19236197 14 20065009 14 20065027 19250977 15 1900123667 15 19236200 15 20065006 15 20065026 19250960 16 1900123605 16 19236158 16 20065001 16 20065038 19250992 17 1900123663 17 19236199 17 20065007 17 20065024 19250936 18 1900123606 18 19236184 18 20065000 18 20065034 19250944 19 1900123608 19 19236111 19 20065016 19 20065025 19250941 20 1900123609 20 19236105 20 20065014 20 20065039 19250970 21 1900123693 21 19236130 21 20065004 21 20051898 19250976 22 1900123602 22 19236143 22 20065008 22 20051887 19250922 23 1900123610 23 19236149 23 20065013 23 20051885 19250969 24 1900123604 24 19236137 24 20065011 24 20051908 19250942 25 1900123645 25 19236123 25 20065017 25 20051902 19250963 26 1900123698 26 19236114 26 18206902 26 20051912 19250961 27 1900123673 27 19236135 27 18206906 27 20051901 19250975 28 1900123671 28 19236140 28 18206901 28 20051903 19250915 29 1900123611 29 19236105 29 16402844 19250924 30 1900123603 30 19236129 30 16402839 19250939 31 1900123691 31 19236182 31 16402832 19250996 32 1900123670 32 19236163 32 16402849 19250978 33 1900123642 33 19236144 33 16402845 19250973 34 1900123695 34 19236113 34 16402830 19250921 35 1900123613 35 19236139 35 16402836 19250972 36 1900123614 36 19236118 36 15428973 19250928 37 1900123615 37 19236110 37 15428972 19250927 38 1900123697 38 19236186 38 15428991 19250967 39 1900123674 39 19236145 39 18206900 19250968 40 1900123612 40 19236109 40 18206898 19250974 41 1900123672 41 19236126 41 18206896 19250979 42 1900123694 42 19236146 42 18206899 19250965 43 1900123675 43 19236134 43 18206897 19250962 44 1900123688 44 19236194 19250971 45 1900123654 45 19236125 19250994 46 1900123658 46 19236112 19250993 47 1900123657 47 19236124 19250997 48 1900123625 48 19236185 19250991 49 1900123656 49 19236176 19250998 50 1900123655 50 19236193 19250990 51 1900123652 51 19236131 19250948 52 1900123659 52 19236179 19250949 53 1900123622 53 19236187 19250946 54 1900123653 54 19236189 19250947 55 1900123619 55 19236173 Hersey Encoders (Registers) 494 in Total ERT = Endpoint Radio Transmitter 1.5" w/ 60w ERT1" w/ 60w ERT 1 of 3 C:\Users\rwahlen\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XQY2L19J\270729_List Surplus Property Water Metering Equipment Surplus Property List Eden Prairie Utilities Excess Water Meter Equipment from Radio-Read System 5/8" Regular 5/8" Digital 1" Regular 1.5" Regular 2" 3" 4"1.5" w/ 60w ERT1" w/ 60w ERT 19250945 56 1900123617 56 19236170 19250995 57 1900123651 57 19236183 19250950 58 1900123649 58 19236167 19250953 59 1900123647 59 19236172 19250952 60 1900123650 60 19236181 19250951 61 1900123616 61 19236136 19250955 62 1900123660 62 19236175 19250954 63 1900123648 63 19236178 19250957 64 1900123646 64 19236192 19250958 65 1900123639 65 19236174 19250959 66 1900123624 66 19236190 19250956 67 1900123684 67 19236169 19250918 68 1900123627 68 19236122 19250913 69 1900123690 69 19236168 19250914 70 1900123618 70 19236148 19250911 71 1900123631 71 19236177 19250920 72 1900123678 72 19236191 19250912 73 1900123630 73 19236171 19250908 74 1900123685 74 19236116 19250905 75 1900123620 75 18215458 19250916 76 1900123637 76 18215485 19250923 77 1900123629 77 18215479 19250910 78 1900123680 78 18215460 19250902 79 1900123689 79 18215316 19250904 80 1900123626 80 18215493 19250909 81 1900123679 81 18215484 19250919 82 1900123681 82 18215488 19250929 83 1900123634 83 18215519 19250926 84 1900123636 84 18215456 19250906 85 1900123687 85 18215526 19250903 86 1900123633 86 18215480 19250907 87 1900123638 87 18215506 19250901 88 1900123683 88 18215473 19250900 89 1900123632 89 18215498 19251197 90 1900123635 90 18215459 19251181 91 1900123676 91 18215489 19251172 92 1900123643 92 18215504 19251171 93 1900123623 93 18215472 19251184 94 1900123677 94 18215505 19251157 95 1900123682 95 18215477 19251156 96 1900123640 96 18215491 19251163 97 1900123621 97 18215475 19251166 98 1900123628 98 18215500 19251168 99 1900123686 99 18215471 19251169 100 1700040901 100 18215524 19251160 101 1700040902 101 18215482 19251159 102 1700040904 102 18215467 19251162 103 18215492 19251178 104 18215507 2 of 3 C:\Users\rwahlen\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XQY2L19J\270729_List Surplus Property Water Metering Equipment Surplus Property List Eden Prairie Utilities Excess Water Meter Equipment from Radio-Read System No S/N QTY Size S/N 5/8" Frost Plates 22 1 5/8"18127041 1" Frost Plates 28 2 5/8"18127042 Parts Assemblies for Repairs 9 3 5/8"18127043 4 4"16050016 Brand: Metron Farnier Size S/N 1 1-1/2"11030824 2 2"13049284 3 2"13045260 4 2"13045255 5 2"13042587 6 2"13045261 7 2"13045256 8 3"15009204 9 3"15009210 Brand: Hersey Water Meters and Repair Parts 3 of 3 C:\Users\rwahlen\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XQY2L19J\270729_List Surplus Property Water Metering Equipment Asset Type Manufacturer Model Serial Number Tablet Apple iPad DMRVKRECHLF9 Laptop Panasonic CF-3112-01CM 6AKSA59146-Y MiFi Verizon 6620L MiFi Verizon 6620L MiFi Verizon 6620L Projector Sony VPL-CX125 5004186 Monitor HP E223 3CQ91902GN Monitor Orion 15RTC RC150ICQ400012 Monitor ViewSonic VG2436wm-LED S5D120630691 Printer Pentax PT-A4211 O51207314 Monitor ViewSonic VG2739 V1U173800303T Monitor ViewSonic VA2252Sm UE4171240975 Monitor ViewSonic VA2252Sm UE4171240981 Monitor ViewSonic VG2436WM-LED S5D111400646 Monitor ViewSonic VG2239m-LED T71153820233 Speaker Crestron 6507531 Server HP ProLiant DL360 Gen 10 MXQ90301PW Server HP ProLiant DL360 Gen 10 MXQ90302D3 Computer HP EliteDesk 800 G5 MXL9422Y3R Computer HP EliteDesk 800 G5 MXL9422Y43 Computer HP EliteDesk 800 G5 MXL952355L Computer HP EliteDesk 800 G4 MXL9281SQ6 Computer HP EliteDesk 800 G4 MXL9141WSM Computer HP EliteDesk 800 G4 MXL8502F2J Computer HP EliteDesk 800 G4 MXL9141WSP Computer HP EliteDesk 800 G4 MXL9281SQH Computer HP EliteDesk 800 G6 MXL12350L1 Computer HP EliteDesk 800 G3 2UA162FBF Phone Apple iPhone SE FFQDRS4YPLJM Laptop HP ProBook 440 G6 5CD01430QZ Laptop HP ProBook 440 G6 5CD9165V89 Laptop HP ProBook 440 G6 5CD942DKN3 Laptop HP ProBook 440 G6 5CD951CXYP Keyboard Getac VKB10 0519VKB10US1000241 Phone Mitel 5312 IP AVAHF6180 Phone Mitel 5330 IP AVAHK0031 Phone Mitel 5312 IP AVAHF6216 Phone Mitel 5312 IP AVAHF6287 Phone Mitel 5312 IP FSAJV9976 Phone Mitel 5330e 1WDFW1432CY Phone Mitel 5330e 1WDFW14342BM Phone Mitel 5330e 1WDFW14342B2 Phone Mitel 5330e 1WDFW14342CL Phone Mitel 5330e 1WDFW14342CR Phone Mitel 5330e 1WDFW1434230 Phone Mitel 5330e 1WDFW14342BG SURPLUS COMPUTER EQUIPMENT Asset Type Manufacturer Model Serial Number Phone Mitel 5330e 1WDFW143422Z Phone Mitel 5330 IP FSADA7703 Phone Mitel 5312 IP AVAHF5896 Phone Mitel 5330e 1WDFW14342CT Phone Mitel 5330 IP FSAIW6760 Phone Mitel 5312 IP 1TKFW154203L Phone Mitel 5312 IP 1TKFS12483PF Phone Mitel 5312 IP 1TKFW1542045 Phone Mitel 5312 IP 1TKFW154204L Phone Mitel 5312 IP 1TKFS12483PR Phone Mitel 5330e 1WDFW143418R Phone Mitel 5330e 1WDFW143418Y Phone Mitel 5330 IP FSADA7684 Phone Mitel 5330e 1WDFW143422T Phone Mitel 5330e 1WDFW14341XD Phone Mitel 5312 IP AVAHF6062 Phone Mitel 5312 IP AVAHE7858 Phone Mitel 5330e 1WDFW14341AR Phone Mitel 5330e 1WDFW14341BM Phone Mitel 5330e 1WDFW144201P Phone Mitel 5330e 1WDFW1434233 Phone Mitel 5330e 1WDFW14342BB Phone Mitel 5330e 1WDFW143418U Phone Mitel 5330e 1WDFW143419N Phone Mitel 5330e 1WDFW143422Q Phone Mitel 5330e 1WDFW14342AX Phone Mitel 5330e 1WDUC1402BNB Phone Mitel 5330e 1WDFW14341BJ Phone Mitel 5330e 1WDFW143422W Phone Apple iPhone SE FFQDRX5DPLJM Tablet Apple iPad GG7X5443JF8D Phone Mitel 5330e 1WDFW143419K Phone Mitel 5330e 1WDFW143419H Phone Mitel 5330e 1WDFW143422L Phone Mitel 5330e 1WDFW14342CN Phone Mitel 5330e 1WDFW14342BN Phone Mitel 5330e 1WDFW14342CQ Phone Mitel 5330e 1WDFW14341B3 Phone Mitel 5330e 1WDFW14342B7 Phone Mitel 5330e 1WDFW14342BV Phone Mitel 5330e 1WDFW14342BR Phone Mitel 5330e 1WDFW14342BT Phone Mitel 5330e 1WDFW143419D Phone Mitel 5330e 1WDFW14342CS Phone Mitel 5330e 1WDFW14341A3 Phone Mitel 5330e 1WDFW14341AL Asset Type Manufacturer Model Serial Number Phone Mitel 5330 IP FSABT6873 Phone Mitel 5330e 1WDFW14341BT Phone Mitel 5330 IP FSABM3509 Phone Mitel 5330e 1WDFW143419G Phone Mitel 5330 IP 1WDFW14342BU Phone Mitel 5330 IP 1WDFW143418S Printer HP MFP M225dn CNB9JC76ZR Phone Mitel 5330e 1WDFW17241E2 Phone Mitel 5330e 1WDFW14342BC Phone Mitel 5330 IP FSABM7800 Phone Mitel 5330e 1WDFW14342CZ Phone Mitel 5330e 1WDFW14341BV Phone Mitel 5312 IP FSAEE5192 Phone Mitel 5330 IP 1WDFW14341BD Phone Mitel 5312 IP FSAIB8818 Phone Mitel 5312 IP ACAHF5961 Phone Mitel 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5312 IP AVAFZ9116 Phone Mitel 5312 IP AVAHF5935 Phone Mitel 5312 IP AVAHF6280 Phone Mitel 5312 IP AVAHF6229 Phone Mitel 5312 IP AVAHF6263 Phone Mitel 5312 IP 1TKUC1642EMT Phone Mitel 5330e 1WDFW14342CM Phone Mitel 5330 IP FSABM7801 Phone Mitel 5330 IP 1T2FS1135EGF Phone Mitel 5330e 1WDFW14341BW Phone Mitel 5312 IP 1TKFS12262NH Phone Mitel 5312 IP FSAIB8923 Phone Mitel 5312 IP AVAHE7854 Phone Mitel 5312 IP 1WDFW14341QJ Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Planned Unit Development Amendment on 3.44 acres; and • Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers on 3.44 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Authorize the issuance of an early Land Alteration Permit at the request of the Developer subject to the conditions outlined in the permit; and • Authorize the issuance of an early Wrecking Permit at the request of the Developer subject to the conditions outlined in the permit. Synopsis Told Development Company is proposing to redevelop the current Office Depot site at 11609 Leona Road. About 11,500 square feet of the existing building will be demolished to accommodate the business needs of a new commercial tenant, Planet Fitness. The remaining, remodeled building will be about 18,500 square feet. A new drive-thru Starbucks is proposed to be constructed in the northwest corner of the site. The applicant is requesting approval of a Site Plan Review and Planned Unit Development (PUD) Amendment with waivers. The requested waivers are for impervious surface coverage and front yard setback along Leona Road for the new Starbucks building. Site Plan The overall site plan is shown on the following page. Planet Fitness will use approximately 18,500 square feet of the existing Office Depot building and remodel the space for their business. The remainder of the building, about 11,500 square feet, will be demolished. The area the building formerly occupied will be converted into surface parking and provide space for their trash enclosure. The new façades will match the existing building materials. A new drive-thru Starbucks café is proposed for the northwest corner of the site. The new building will be roughly 2,450 square feet and will offer both drive-thru and dine-in options for customers. The drive- thru has capacity for approximately 18 vehicles. The architecture compliments the existing buildings at 11609 and 11611 Leona Road by featuring brick, stone, and glass. CITY COUNCIL AGENDA SECTION: Public Hearings DATE Sept. 17, 2024 DEPARTMENT / DIVISION: Community Development/Planning Julie Klima/ Sarah Strain ITEM DESCRIPTION 11609 Leona Road Redevelopment ITEM NO. IX.A. The northeast corner of the parking lot will remain undeveloped for now. The developer intends to market the northeast corner of the parcel for future commercial development. Any new use or building in the northeast corner of the site will require a Site Plan Review and Planned Unit Development amendment review with both Planning Commission and City Council. The Developer has provided plans showing the area will be repaved and landscaped should development not occur. The Development Agreement between the City and the Developer will include language to ensure that if redevelopment in the northeast corner does not occur within a specific period of time, the parking lot will be improved as shown on the plan, including landscaping and parking lot islands. The developer is agreeable to this approach. Planned Development Waivers The applicant is requesting two (2) Planned Unit Development waivers. Impervious Surface Coverage City Code allows a maximum impervious surface of 30 percent. The existing site condition is 75 percent impervious surface coverage and was approved as part of the Office Depot development proposal before shoreland rules applied. This waiver is being requested to allow 75 percent impervious surface coverage for the PUD area. Front Yard Setback City Code requires structures in the Commercial-Regional-Services zoning district to be setback a minimum of 35 feet from front lot lines. The proposed Starbucks building is setback 27 feet from the north property line, along Leona Road. This is to ensure there is sufficient setbacks and drive lanes between the Starbucks building and the northern property line for 11611 Leona Road. Sustainability At the beginning of 2024, City Council authorized the use of Sustainable Building Standards (SBS) for any new PUD seeking waivers from City Code. This standard requires buildings rezoned with a Planned Unit Development to meet a Sustainable Building Rating System designation, such as LEED, along with meeting the Eden Prairie-specific requirements of for renewable energy and EV charging. There are size requirements new buildings or additions must meet to be considered eligible. The new Starbucks building will need to follow and satisfy the SBS requirements. However, the applicant is only securing the land entitlements for the project. A separate entity will finalize building construction plans and secure the building permit. Without the specific details of final design, the applicant is not able to provide further detail on the selected Sustainable Building Rating System or expected features. Instead, the applicant has agreed to acknowledge language in the Development Agreement requiring the building permit holder must meet the City’s SBS to proceed. The future building permit holder, Starbucks, has also agreed to meet the requirements. City staff will work with the builders throughout the building permit and construction process to ensure the SBS requirements are met. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at the August 26, 2024 meeting. Commissioners asked if there could be separation between the drive aisle and parking spaces east of the Leona Road driveway entrance. The applicant has made this change on the proposed plans. Attachments 1. Resolution for PUD Concept Review 2. Ordinance for PUD Amendment with waivers 3. Planning Commission Staff Report 4. Planning Commission Minutes 5. Public Comments 11609 LEONA ROAD REDEVELOPMENT 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 the land is currently designated within the Commercial-Regional-Services Zoning District PUD-20-97-C-Regional Service, as reflected in Ordinance No. 30-97-PUD-20-97 (hereinafter 30-97-PUD-20-97). Section 2. That action was duly initiated proposing that the designation of the land be amended within the Commercial-Regional-Services 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 that 30-97-PUD-20-97 be amended 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 June 17, 1997 between Office Depot, Inc. and the City of Eden Prairie, as amended by the terms and conditions of that certain First Amendment to Development Agreement dated ______________, 2024, entered into between Ridgecrest Eden Prairie II 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. 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 17th Day of September, 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, Office Depot Addition, Hennepin County, 11609 LEONA ROAD REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2024-PUD-__-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located within the Commercial-Regional-Services 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 APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF 11609 LEONA ROAD FOR TOLD DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 26, 2024, on 11609 Leona Road Redevelopment by Told Development and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on September 17, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. 11609 Leona Road, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated _______________, 2024. 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 26, 2024. ADOPTED by the City Council of the City of Eden Prairie this 17th day of September, 2024. _______________________ Ronald A. Case, Mayor ATTEST: __________________________ David Teigland, City Clerk EXHIBIT A PUD Concept Legal Description: Lot 1, Block 1, Office Depot Addition, Hennepin County, Minnesota TO: Planning Commission FROM: Sarah Strain, Planner II DATE: August 26, 2024 SUBJECT: 11609 Leona Road Redevelopment LOCATION: 11609 Leona Road APPLICANT: Kimley-Horn on behalf of Told Development Company REQUESTS: • Planned Unit Development Concept Plan Review on 3.44 acres • Planned Unit Development District Review with Waivers on 3.44 acres • Site Plan Review on 3.44 acres 120 DAY REVIEW PERIOD: November 19, 2024 BACKGROUND Told Development Company, the property owner, is proposing to redevelop the current Office Depot site at 11609 Leona Road. A portion of the existing building will be remodeled and reused for a new commercial tenant. About 11,500 square feet of the existing building will be demolished to accommodate the new tenant and their business needs. The remodeled building will be about 18,500 square feet. A new drive-thru Starbucks is proposed to be constructed in the northwest corner of the site. COMPREHENSIVE PLAN AND ZONING The property is zoned Commercial-Regional-Services (C-REG-SER) and is guided Regional Commercial in the comprehensive guide plan. There are no proposed zoning or guide plan changes with this application. SITE PLAN The developer is proposing to use the existing Office Depot building for a new retail tenant. However, that tenant does not have a business need for the 31,000 square foot area of the current building. About 11,500 square feet of the existing building will be demolished, leaving the new retail user approximately 18,500 square feet of space. The area the building occupied will be converted into parking lot and provide space for the trash enclosure. A new drive-thru Starbucks café is proposed for the northwest corner of the site. The new building will be roughly 2,450 square feet and will offer both drive-thru and dine-in options for customers. The drive- thru has capacity for approximately 18 vehicles, meeting anticipated business need and preventing queuing into internal drive lanes or Leona Road. Cars will form two (2) lanes and merge together at the order menu and speaker. The following image shows the proposed site plan. Staff Report – 11609 Leona Road Redevelopment August 26, 2024 Page 2 2 Proposed Site Plan for 11609 Leona Road The northeast corner of the parking lot will remain undeveloped for now. The developer intends to incorporate a stand-alone building in the northeast corner of the parcel in the future. Any new use or building in the northeast corner of the site will require a Site Plan Review and Planned Unit Development (PUD) amendment review with both Planning Commission and City Council. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: The following waivers are requested as part of this project: A. Impervious Surface Area City Code allows a maximum impervious surface of 30 percent. The existing site condition is 75 percent impervious surface coverage and was approved as part of a development proposal in 1997 (before shoreland rules applied). This waiver is being requested to allow Staff Report – 11609 Leona Road Redevelopment August 26, 2024 Page 3 3 75 percent impervious surface coverage for the PUD area to bring the site into compliance with shoreland regulations. This waiver is in harmony with the general purposes and intent of shoreland ordinance. This waiver is consistent with the Comprehensive Plan as the property is zoned and guided for Regional Commercial use. There are circumstances unique to the property that creates a need for additional impervious surface coverage, as this lot provides roadway access to a landlocked parcel. This waiver is consistent with the commercial character of the area and is a reasonable use of the property due to the measures being taken to protect and enhance the quality and character of the shoreland. B. Front Yard Setback City Code requires structures in the Commercial-Regional-Services zoning district to be setback a minimum of 35 feet from front lot lines. The proposed Starbucks building is setback 27 feet from the north property line. The unique circumstance for this property is the lot line between 11609 Leona Road and 11611 Leona Road create a situation where it would be difficult to meet both the front and side yard setback requirements while providing access to 11611 Leona Road. ACCESS AND STREET CONNECTIONS The developer will be making several changes to improve internal circulation in the site. Currently, there are several drive lanes through the parking lot to provide access to the Office Depot building and 11611 Leona Road. The drive aisle designed to provide access to 11611 Leona Road is a quick turn after entering the property from Leona Road. The image below shows the current site conditions. In the proposed site plan, shown on the previous page, the entrance aisle from Leona Road is extended further into the site, creating a “T” intersection where vehicles can choose to turn right to the new Starbucks or 11611 Leona Road or to the left for the new retail user. Updated pavement striping will also provide traffic direction. Any directional signage would be reviewed and approved as part of a sign permit application. Aerial Photo of existing conditions at 11609 Leona Road The existing driveway accesses from Leona and Den Roads will remain. A new driveway access is Staff Report – 11609 Leona Road Redevelopment August 26, 2024 Page 4 4 proposed off Den Road roughly 80 feet south of the existing driveway. This will provide more direct access to the new retail user and the established internal drive lanes. Access to 11611 Leona Road will be provided throughout construction. Staff recommends the developer place “Business Access” signs to guide traffic to the open driveways during each construction phase (see Project Phasing section below). TRAFFIC STUDY A traffic study was conducted to determine if the surrounding road system can support the new uses on the site. The study did not identify significant delays or queuing issues, and the surrounding road system can support the proposed development. PARKING City Code requires one (1) stall for every 2.5 seats in a fast-food restaurant use and five (5) stalls for every 1,000 square feet of retail for buildings less than 30,000 square feet. The proposed floor plan for Starbucks shows 50 seats, meaning 20 parking stalls are required. The retail user will require 93 parking stalls based on City Code requirements. The site will have 150 stalls total, exceeding the number of stalls required by City Code. There is also an existing cross-access, parking, and maintenance agreement between 11609 and 11611 Leona Road. SIDEWALKS AND TRAILS The pedestrian ramps along Leona and Den Roads will be reconstructed to meet ADA requirements. A new ADA compliant sidewalk will extend into the site from Leona Road to provide access to both the Starbucks building and the new retail tenant. Sidewalks along the existing retail building will provide access to 11611 Leona Road. Bike racks will be installed at both the Starbucks and the retail building. BUILDING ARCHITECTURE AND MATERIALS Elevations for both buildings are shown on the following page. The exterior of the Office Depot building will remain the same on the south and west sides of the building. The north and east sides will be remodeled due to the partial demolition of the building. The developer is proposing to match the existing brick and stone materials for the new portion of the façade. The entrance will shift to the northeast corner of the building. The area above the main entrance will be EFIS to accommodate signage. The east side of the building, facing Den Road, will feature several windows. The trash enclosure will be attached to the building on the southeast corner. The remodeled façades meet City Code requirements and are consistent with the existing architecture in the PUD area. Staff Report – 11609 Leona Road Redevelopment August 26, 2024 Page 5 5 Exterior Elevations of the remodeled Office Depot building Exterior Elevations of the new Starbucks café The new Starbucks building will complement the existing buildings in the PUD area. Each side will feature two (2) colors of brick, stone, and glass. Most of the windows will face east and south, which overlook the patio and the parking lot. The new building meets City Code requirements for Class I Staff Report – 11609 Leona Road Redevelopment August 26, 2024 Page 6 6 building materials, façade articulation, roofline variation, and mechanical equipment screening. The trash enclosure will be detached from the building to avoid conflicts between garbage trucks and the drive-thru exit. Prior to City Council, the applicant will need to provide elevations confirming the detached trash enclosure compliments the new building and meets City Code requirements. PHASE I ENVIRONMENTAL SITE ASSESSMENT A Phase I Environmental Assessment was conducted, and nothing of note was discovered. WETLAND, SHORELAND, AND BLUFF This property is located in the Shoreland Overlay District as it is within 1,000 feet of Lake Idlewild. There are no wetlands on the property itself. This property is seeking a waiver from impervious surface coverage to maintain the current impervious surface area. Stormwater treatment will be improved from current conditions. DRAINAGE/STORMWATER MANAGEMENT Stormwater will be collected and directed to underground management systems on site. These systems will provide retention of stormwater. The soils on the site are not suitable for infiltration. There is an existing stormwater pond on the far western side of the site, along Flying Cloud Drive. This pond will remain and continue to serve both 11609 and 11611 Leona Road. UTILITIES 11609 Leona Road is served by City sewer and water. There is sufficient capacity in both systems in this area to accommodate the proposed Starbucks building and new retail user. TREE LOSS AND GRADING Given the developed nature of the site, there will be little grading involved with the project. However, several trees will be removed to accommodate the new Starbucks building and the minor grading that is taking place. The applicant is proposing to remove 12 significant trees. A few insignificant and dead trees will also be removed. The developer is proposing to save 33 significant trees. LANDSCAPING AND TREE REPLACEMENT PLAN The landscape plan will add several shrubs to the site in addition to new trees. The existing trees on the site cover the landscaping requirement for the existing retail building. The new landscaping proposed by the Starbucks building covers its landscaping requirements. The applicant is meeting tree replacement requirements by saving existing trees on the site and planting new trees in parking lot islands. The proposed landscape plan will bring the parking lot closer into compliance for parking lot islands. The northeast portion of the property will remain in its current condition until it is redeveloped. There will be a clause in the Development Agreement that if redevelopment does not occur, the Staff Report – 11609 Leona Road Redevelopment August 26, 2024 Page 7 7 northeast portion of the lot will be repaved and brought into compliance with City Code, including parking lot islands. SUSTAINABILITY At the beginning of 2024, City Council authorized the use of Sustainable Building Standards (SBS) for any new PUD seeking waivers from City Code. This standard requires buildings rezoned with a Planned Unit Development to meet a Sustainable Building Rating System designation, such as LEED, along with meeting the requirements of the Eden Prairie-specific overlay for renewable energy and EV charging. There are size requirements new buildings or additions must meet to be considered eligible. The new Starbucks building is requesting a waiver for the front yard setback, and will be over 2,000 square feet, meaning the new building will need to follow and satisfy the SBS requirements. The applicant in this case, however, is only securing the land entitlements for the project. A separate entity will finalize building construction plans and secure the building permit. Without the specific details of final design, the applicant is not able to provide further detail on the selected Sustainable Building Rating System or expected features. Instead, the applicant has agreed to include language in the Development Agreement requiring the building permit holder must meet the City’s SBS to proceed. The future building permit holder has also agreed to meet the requirements. City staff will work with the builders throughout the building permit and construction process to ensure the requirements of the SBS are met. SIGNS The existing freestanding signs will remain on the site and will be updated to reflect the new tenants through a separate permit process. The sign structures will be refurbished as part of the redevelopment of the site. Wall signage is permitted on all four (4) sides of buildings in the C-REG-SER zoning district. Signage will be permitted administratively through a separate application. LIGHTING The lighting plan meets City Code requirements. PROJECT PHASING The remodel and partial demolition of the Office Depot building will be the first phase of the proposed redevelopment. Access to 11611 Leona Road will be available from Leona Road and the existing Den Road driveway. The new driveway access to Den Road will also be constructed during the first phase. Construction of the Starbucks will be the second phase. Access to 11611 Leona Road will be available from the existing and new Den Road driveways. The developer intends to ask for City Council to authorize the issuance of demolition and land alteration permits prior to the approval of the Development Agreement to be able to start construction yet this fall. As noted above, development is anticipated in the northeast corner of the lot. At this time, no user has Staff Report – 11609 Leona Road Redevelopment August 26, 2024 Page 8 8 been identified for this area. Any new use or building in the northeast corner of the site will require a Site Plan Review and Planned Unit Development (PUD) amendment review with both Planning Commission and City Council. The Development Agreement between the City and Told Development will include language to ensure that if redevelopment in the northeast corner does not occur, the parking lot will be improved and brought into compliance with City Code standards, including landscaping and parking lot islands. STAFF RECOMMENDATION Staff recommends approval of the following request: • Planned Unit Development Concept Review on 3.44 acres • Planned Unit Development District Review with waivers on 3.44 acres • Site Plan Review on 3.44 acres This is based on plans received August 20, 2024, the staff report dated August 26, 2024, and the Conditions of Approval outlined in the following section. CONDITIONS OF APPROVAL 1. Prior to the 1st reading by the City Council, the applicant must: A. Provide elevations confirming the detached trash enclosure complements the Starbucks building and meets City Code requirements. 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 construction plans and project specifications for public infrastructure for review and approval by the City Engineer. D. Submit detailed utility and erosion control plans for review and approval by the City Engineer. E. Obtain and provide documentation of Watershed District approval. F. Notify the City and Watershed District 48 hours in advance of grading. G. Provide a construction grading limits and tree protection plan for review and approval by the City. H. Install erosion control at the grading limits of the property for review and approval by the City. I. Install fencing at the construction grading limits and tree protection areas as shown on the approved plans. J. Submit and receive written approval of an executed landscape agreement. K. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the landscaping. Staff Report – 11609 Leona Road Redevelopment August 26, 2024 Page 9 9 L. Obtain written approval of a Wrecking Permit for the removal of building a portion of the existing retail building on the property. M. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. N. 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 Sustainable Building Standard documentation for the new building. 4. The following waivers are granted through the PUD for the project as indicated in the plans received August 20, 2024. A. Impervious Surface – City Code allows 30 percent of the lot area within the Shoreland Overlay District to be impervious surface. The existing site condition is 75 percent impervious surface. This waiver would allow up to 75 percent impervious surface for the 11609 Leona Road PUD Area. This waiver is consistent with the essential character of the locality and is a reasonable use of the property due to the measures being taken to protect and enhance the quality and character of the shoreland. B. Front Yard Setback – City Code requires structures in the C-REG-SER- zoning district to be 35 feet from the front property line. This waiver would allow the building in the northwest portion of the lot to encroach into the front yard setback up to eight (8) feet, allowing a 27-foot setback. 5. Prior to issuance of an Occupancy Permit, the applicant must: A. Complete implementation of the lighting plan in Exhibit B. B. Complete construction of mechanical equipment screening. C. Install EV charging equipment that is fully operational at the new building. D. Complete construction of the trash enclosures. E. Complete implementation of the approved exterior materials and colors plan. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, AUGUST 26, 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 Acting Chair Farr called the meeting to order at 7:09 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission members Pieper and Weber were absent. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Duncan to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Taylor moved, seconded by Duncan to approve the minutes of May 28, 2024. MOTION CARRIED 8-0. V. PUBLIC HEARINGS A. 11609 LEONA ROAD REDEVELOPMENT (2024-05)) Request for • Planned United Development Concept Review on 3.44 acres • Planned Unit Development Amendment with waivers on 3.44 acres • Site Plan Review on 3.44 acres Trent Mayberry, of Toll Development company, displayed a PowerPoint and detailed the application. He also introduced Kathy Anderson from Architectural PLANNING COMMISSION MINUTES August 26, 2024 Page 2 Consortium and engineer Matthew Lingam,. The proposed development would create a Planet Fitness and a Starbucks at the site of the former Office Depot. The site was a vacant 33,000 square foot building with an overgrown landscape and a parking lot needing repair. This property was purchased two years ago in anticipation of Office Depot not renewing the lease, which did occur. The site plan included renovating the building, modernizing the storefront, and using three-quarters of the building, reserving the rest for a Planet Fitness. The parking lot would be expanded and some outlot development would be included. The northeast corner would be a site of future potential retail development. Mayberry displayed elevations with the proposed renovation and the new façade. There would be added windows in the north and east elevations. The Starbucks rendering showed a completely new building, and Mayberry had worked with staff on a design that matched the renovated building with horizontal lines and pleasing canopies. Mayberry detailed the sustainability elements, which included above ground and below ground stormwater management. improved pedestrian/bicycle connectivity, enhanced landscaping and EV charging capability at the Starbucks building. Taylor asked if there would be EV charging at the main building, and Mayberry replied there would not be. He anticipated more demand at the Starbucks but more EV-readiness could be added in the future. Farr asked there would possibly be a variance needed for the driveway of the future potential retail development in the northeast corner which was not being development for this application. Mayberry replied there would be two driveways but the driveway in the northeast corner would be closed off. The question was impossible to answer at this time, but he did not anticipate opening that northeast section again for a driveway in the future. With future development the applicant would have to get site plan approval again. Farr emphasized looking ahead with a rational configuration. Farr also asked if the site lighting plan included LED pole lights in the existing lot. Mayberry replied both business would have brand new lighting, and he was working with staff on a future lighting development agreement timeline. Farr noted the emailed reactions from neighbors asked him to comment on Eric Mueller’s concerns in particular. Mayberry replied he had had conversations with Mueller from the start of the process to collaborate on solutions. The latest emailed comments were new back-and-forth with Sarah Strain, and her proposed solutions were manageable and he would work with staff on them. Farr noted the internal site directional signage for potentially six businesses with shared driveways with a few competitors was a concern. Mayberry agreed, and emphasized that Den Road was a two-way road, not a one-way as raised as a PLANNING COMMISSION MINUTES August 26, 2024 Page 3 concern. It was in his interest to find a circulation solution that worked for everyone. Barnhart presented the staff report. The application was being requested without a specific development idea for the northeast corner. Along with a PUD concept review, two waivers were being requested: an impervious surface limitation of 75 percent, and a 27-foot setback from Leona Road down from 35 feet. In the future development, as long as the total impervious surface was less than 75 percent, no waiver would be needed; staff would of course review that proposal as well. The setback would result in no visual impacts to the neighbors, sightlines, screening, et cetera. Staff had reviewed the access and stacking. Residents had commented on the overall appearance of the site, which would be vastly improved, made more attractive, and sightlines improved. There were unique timing constraints for this application, which requested early demolition and the potential future development. This application would provide parking lot islands in the northeast corner for now. Planet Fitness was considered retail for parking requirements and would share this with the shopping center. Staff had considered the applicant’s neighbors’ comments and assured the commission members there would be two-way traffic through the site and the proper utility work coordination necessary during construction. This could work through via permitting process. The Starbucks was subject to the Sustainable Buildings Standards, being a new building, and would offer EV parking spaces and future solar panels enhancement. More detailed sustainable questions would be answered during the building permit process. The architecture showed a cohesive development with not all identical but matching and complementary materials. Staff recommended approval of the development subject to the conditions outlined in the staff report. Farr asked for and received confirmation the Starbuck’s drive-through lane being paved required a front-yard setback rather than a parking requirement. He noted the landscape plan included a tree in the middle of the reconstructed driveway off Leona, and Barnhart replied graphical error will be corrected; the two driveways would align with those of the Best Buy across the street. Farr stated the main entry driveway had a nice landscape median between Starbucks and the entry driveway, but he wondered if painted striping was warranted on the entrance driveway so cars would not wander. Barnhart replied staff would consider it. Farr suggested building the stormwater underground chamber to encompass the future stormwater compliance of the presently undeveloped northeast corner. Matthew Lingam, engineer for Kimley Horn, confirmed the new stormwater system would have the capacity to handle the future stormwater needs from that site when developed in the future. Connor O’Neill, property manager at 11611 Leona Road, spoke on behalf of Eric Mueller who could not attend. The three concerns were maintaining the access drive which must be wide enough to permit uninterrupted two-way access during PLANNING COMMISSION MINUTES August 26, 2024 Page 4 all phases of construction; maintaining a straight-line exit for trash pickup on Mondays, Wednesdays, Fridays, and Saturdays; and addressing visibility in the center with tree trimming and adequate signage. He hoped the commission would take action tonight to address these concerns, and noted some had already been addressed. Farr replied the commission could not solve these concerns but was empathetic to them, and clarified the second concern was access for trash removal during construction. He suggested the temporary signage and the applicant phasing the work to accommodate the owner’s needs would address most of the concerns. Barnhart replied the area was overgrown and the applicant and the City would work together to address this. A balanced approach would be used as the trees were planted due to City requirements, and would not be arbitrarily removed. MOTION: Kirk moved, seconded by Grote to close the public hearing. Motion carried 8-0. Duncan commended the project; her only concerns were the drive-through stacking at Starbuck’s, which had been addressed. Kirk echoed her comments and stated the details had been addressed by the applicant and staff for optimum development. Farr found the project acceptable and very attractive. He commended the design of the Starbucks and the renovation of the old Office Depot building. He looked forward to the development of the northeast corner in the future. He appreciated the applicant’s willingness to work with the neighboring business owners and agreed with the waivers. MOTION: Duncan moved, seconded by Sherwood to recommend approval of a Planned United Development Concept Review on 3.44 acres; Planned Unit Development Amendment with waivers on 3.44 acres; Site Plan Review on 3.44 acres as represented in the August 26, 2024 staff report subject to the conditions. Motion carried 8-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Kirk to adjourn. Motion carried 8-0. The meeting was adjourned at 7:46 p.m. From:City of Eden Prairie To:Sarah Strain Subject:Proposed Leona Road project Date:Thursday, July 18, 2024 3:44:28 PM Message submitted from the <City of Eden Prairie> website. Site Visitor Name: Eric MuellerSite Visitor Email: muellere737@gmail.com Good afternoon Sarah, Thank you for taking the time to speak with me on Monday about the proposed developmentnext to my retail center at 11611 Leona Road in Eden Prairie. While I understand there no specific plans yet posted, as I mentioned to you on the phone, I do have some general concernsabout traffic flow, visibility and possible congestion that might result from this project. These concerns are: -Internal traffic flow within the center remains uncongested so that customers can easilyaccess my tenants -The new development does not block visibility of my center-During construction, access to my center remains free and open In short, I simply want to make sure that the access and street visibility my retail center has enjoyed for the past 22 years stays preserved. I would greatly appreciate an email once the plans get posted or when any hearings arescheduled so I can follow along. My contact information is: Eric Mueller Merit Commercial Investments, Inc.3219 56th Place SW Seattle, WA 98116360-518-9995 muellere737@gmail.com Please reach out if you have any questions or if I can be of assistance. Sincerely, Eric Mueller Merit Commercial Investments, Inc. 1 Sarah Strain From:Eric Mueller <muellere737@gmail.com> Sent:Wednesday, August 7, 2024 11:43 AM To:Sarah Strain Subject:Re: Proposed Leona Road project Good morning Sarah, Thank you for your email and I appreciate you addressing each of my concerns. I’ll continue to follow the progress of the project. Sincerely, Eric Mueller Merit Commercial Investments, Inc. On Aug 7, 2024, at 8:45 AM, Sarah Strain <sstrain@edenprairie.org> wrote: Good Morning Eric, Thank you for sending over detailed comments on the proposed Leona Road development project. I will add these comments to your previous comments for Planning Commission and City Council review. Please see responses below in red. Let me know what additional questions or comments you have. Thanks, Sarah Strain, AICP (she/her) Planner II 952-949-8413 From: Eric Mueller <muellere737@gmail.com> Sent: Monday, August 5, 2024 1:18 PM To: Sarah Strain <sstrain@edenprairie.org> Subject: Re: Proposed Leona Road project Good afternoon Sarah, Thanks for sending me the link on the Leona Road project. I have reviewed all the documents posted and have the following comments and concerns: 1. In each of the plans, the Match Lines depicted do not conform to the property boundaries. When you look at any plan, the parking spaces on my property are incorrectly shown outside of the Match Lines. I would like the Match Lines to align with the property lines, which are correct. That way there is no question as to who owns which parcel and who is responsible for the parking spaces. 2 The match lines and the property lines are separate lines the plans. The property line is shown correctly on the plan sets. The match lines are drawn to show portions of your property to provide context. This will help the Planning Commission and City Council understand the unique property line situation. 2. Paragraph 7- Landscaping: I am very concerned about the visibility of my center from both Flying Cloud and Leona Road. The existing trees along Flying Cloud are very high and block my entire center. Any new landscaping should be with shorter trees and/or bushes that enhance the landscaping but also give visibility to the overall center. Additionally, the new QSR on the northwest corner will definitely block the view of my center from what it now enjoys so a much lower landscaping along Flying Cloud Drive is essential. I have attached photos from Flying Cloud and Leona Road that illustrate these concerns. Thank you for sending the pictures. We will share with the Developer that trimming trees along Flying Cloud Drive would be supported when they remove the trees on their property. This should help improve visibility of 11611 Leona Road and refresh this area of the property too. There are no new plantings proposed for the pond area. The proposed trees near the QSR are ornamental or deciduous trees that will provide visibility in the leaf off conditions, and will hopefully grow to a height where the canopy is above the view line 3. Paragraph 10- REA: Currently there is an existing Reciprocal Easement Agreement (REA), however there have been no discussions on revising the current agreement nor I have not been presented with any new REA to consider. While I am not opposed to signing a new or revised REA, I will only sign one that is acceptable to me. Understood. The REA terms and conditions are a private matter between you and the property owner of 11609 Leona Road. 4. Paragraph 12- Monument Signs: I am pleased to see that the three existing monument signs will remain (Flying Cloud, Leona Road, and Den Road). This is of obvious importance to me as my tenants rely on the advertising and the current REA addresses the monument signs. 5. Page one of the narrative speaks to phasing of the project so that customers will have access to my center throughout construction. Will you be adding a requirement to TOLD’s developer agreement to ensure this is the case? Naturally, I am very concerned that free and open access to my center be maintained during construction. We will ask the Developer for a staging plan of the construction, showing how access will be provided throughout construction. This plan would be included as part of the “Exhibit B” approved plans. 6. I believe some directional signs within the center would improve traffic flow so that drivers know where each tenant is located. This would help eliminate congestion at the T- intersection in front of the current Office Depot building. Signage is typically not reviewed at the Site Plan stage of the project unless a waiver is needed. We asked the Developer to clarify in the narrative if the existing signs would be kept or if new signage would be proposed because your businesses have signage on the existing signs. Signage is expected to meet City Code requirements. Directional signage is allowed up to 6 square feet 3 per sign. We expect some directional signage since there are new drive aisles throughout the site. Please let me know if you have any questions or want further information. Sincerely, Eric Mueller Merit Commercial Investments, Inc. Flying Cloud Drive perspective-1 <image001.jpg> Flying Cloud Drive perspective-2 <image002.jpg> Leona Road perspective showing proposed QSR site <image003.jpg> On Jul 25, 2024, at 11:42 AM, Sarah Strain <sstrain@edenprairie.org> wrote: Hello Eric, Thank you for sending your comments on the proposed Leona Road redevelopment project. I will include your comments in the Planning Commission and City Council packets. The plans for the project are now up on our development project map, linked below. You can search by address in the upper right hand corner search bar, or filter by project name in the upper left search bar. https://gis.edenprairie.org/currentdevelopmentprojects/?page=Projects-Map Please let me know if you have any additional questions or comments. Thank you, 4 Sarah Strain, AICP (she/her) Planner II 952-949-8413 From: City of Eden Prairie <webmaster@edenprairie.org> Sent: Thursday, July 18, 2024 3:44 PM To: Sarah Strain <sstrain@edenprairie.org> Subject: Proposed Leona Road project Message submitted from the <City of Eden Prairie> website. Site Visitor Name: Eric Mueller Site Visitor Email: muellere737@gmail.com Good afternoon Sarah, Thank you for taking the time to speak with me on Monday about the proposed development next to my retail center at 11611 Leona Road in Eden Prairie. While I understand there no specific plans yet posted, as I mentioned to you on the phone, I do have some general concerns about traffic flow, visibility and possible congestion that might result from this project. These concerns are: -Internal traffic flow within the center remains uncongested so that customers can easily access my tenants -The new development does not block visibility of my center -During construction, access to my center remains free and open In short, I simply want to make sure that the access and street visibility my retail center has enjoyed for the past 22 years stays preserved. I would greatly appreciate an email once the plans get posted or when any hearings are scheduled so I can follow along. My contact information is: Eric Mueller Merit Commercial Investments, Inc. 3219 56th Place SW Seattle, WA 98116 360-518-9995 muellere737@gmail.com Please reach out if you have any questions or if I can be of assistance. Sincerely, 5 Eric Mueller Merit Commercial Investments, Inc. From:Eric Mueller To:Sarah Strain Subject:Comments on Leona Road project for Planning Commissioners Date:Monday, August 26, 2024 1:39:24 PM Good evening Commissioners, My name is Eric Mueller and I am the owner and president of Merit Commercial Investments,which has owned the small retail center at 11611 Leona Road since 2006. My center is located at the south end of the property under consideration for development tonight. Because my property is “landlocked”, it relies on an access easement for for thepublic to patronize my tenants (Qdoba, Cell Phone Repair, and Caribou Coffee). It is therefore essential that during construction my center maintain the uninterrupted and freeaccess it has enjoyed since it was built 22 years ago. I have the following concerns with the Phase 1 and Phase 2 plans as currently depicted on the Eden Prairie Planning Department website: 1. In both Phase 1 and Phase 2, the depicted vehicle access to my center during construction is only one car width wide. This does not allow for two way customer traffic, emergencyvehicles access, vendor deliveries, and garbage service to and from my center in this configuration. I am requesting the plans be redrawn to show a two-way, unobstructed drivewide enough to accommodate passenger vehicles and delivery/garbage trucks to my center during all phases of construction. 2. In Phase 1, the western shaded portion of the construction zone for the Planet Fitnessextends across my drive-through exit. This forces cars to make a sharp, 90 degree left turn leaving the drive-through which would be difficult for many vehicles to make. Just asimportant, it prevents garbage truck access to my trash enclosure located at the south end of the drive-through next to Caribou Coffee. Currently trash is collected four times per week andthe trucks drive straight down the drive-through in the opposite direction, pick up the trash and then back out. This is the only way the trash can be collected. I am requesting that the plansbe redrawn to accommodate a straight exit from the drive-through. 3. The narrative says: "The existing trees along Flying Cloud Drive will be trimmed toimprove the visibility of the proposed development." I am requesting this be a condition of approval. As the attached pictures show, my center isvirtually hidden from the very busy Flying Cloud Drive. 4. The report also states: "Staff recommends the developer place “Business Access” signsto guide traffic to the open driveways during each construction phase." I am requesting that this be a condition of approval. It is essential that my customers not be confused on how to reach my tenants. Finally, the narrative states that, pending approval, Phase 1 will start in September and Phase 2 in October. I am very concerned that access to my center cannot be maintained if both phasesare happening at once. Sincerely, Eric MuellerMerit Commercial Investments, Inc. Flying Cloud Drive perspective-1 Flying Cloud Drive perspective-2 Leona Road perspective showing proposed QSR site 1 Sarah Strain From:Sarah Strain Sent:Wednesday, August 28, 2024 3:58 PM To:'Susan Mersy' Subject:RE: 11609 Leona Rd Hello Susan, Thank you for your comments and question about the proposed redevelopment at 11609 Leona Road. Your comments will be shared with the City Council when this project goes to the City Council for public hearing and review. The proposed plans will impact the Caribou/Qdoba building as little as possible. Access to the property will be maintained throughout all phases of construction. Signs will be posted directing traffic to the open driveway access during the two phases of construction. There may be times where the current Caribou drive-thru line extends back into the proposed Starbucks area. In the new parking lot configuration, there will still be space for Caribou drive-thru queuing. The line will need to curve off to the right/eastern part of the site, but there is still space for both drive-thrus to queue. Both 11609 Leona Road and 11611 Leona Road (Caribou/Qdoba address) are zoned in the Commercial-Regional-Services zoning district. A coffee shops is a permitted use in this zoning district. Since the Starbucks is a permitted use, they can propose site plan for review, even with multiple existing storefronts. The City cannot regulate how many storefronts a business has in the City if the use is permitted in the property’s zoning district. Please let me know if you have additional questions or comments. Sarah Strain, AICP (she/her) Planner II 952-949-8413 From: Susan Mersy <susan.mersy@gmail.com> Sent: Tuesday, August 27, 2024 9:59 AM To: Sarah Strain <sstrain@edenprairie.org> Subject: 11609 Leona Rd Hello, Will this proposed redevelopment have any impact on the existing non-Office Depot businesses that are in the area? Specifically the Caribou Coffee at 11611 Leona Rd? I first moved to Eden Prairie in 2005 and the Leona Road Caribou has been a go-to of mine for almost 20 years now. This morning their drive through line was all the way back to where the proposed Starbucks would be located, so I have concerns about how well the new businesses will be able to coexist with the existing ones in that area and if they will have sufficient space for all to thrive. While I have seen studies that show a Starbucks in the area can help boost property values, Eden Prairie already has 3 standalone Starbucks plus the ones in Target, etc and this new location would effectively give them double the presence of Caribou in EP (which started out as a Minnesota based brand no less) 2 and I would hate to see my local Caribou effectively phased out of this town I have called home for so long. Thank you, Susan Mersy 612-247-4642 CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: Sept. 17, 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 311776 - 312095 Wire Transfers 1036765 - 1036870 Wire Transfers 10713 - 10744 Purchasing Card 10713 City of Eden Prairie Council Check Summary 9/17/2024 Division Amount Division Amount 100 City Manager 15,653 304 Senior Board 146 101 Legislative 1,266 308 E-911 982 110 City Clerk 1,698 315 Economic Development 24,784 111 Customer Service 3,955 502 Park Development 319,699 112 Human Resources 371 509 CIP Fund 10,887 113 Communications 7,942 512 CIP Trails 219,115 114 Benefits & Training 673 513 CIP Pavement Management 1,403,805 130 Assessing 136 526 Transportation Fund 700 131 Finance 431 539 2020 Improvement Projects 102,217 132 Housing and Community Services 377 542 Willow Creek Street/Utilities 1,735 133 Planning 228 Total Capital Projects Fund 2,084,070 136 Public Safety Communications 11,806 137 Economic Development 77 601 Prairie Village Liquor 89,778 138 Community Development Admin.602 602 Den Road Liquor 190,648 150 Park Administration 153 603 Prairie View Liquor 91,996 151 Park Maintenance 12,067 701 Water Enterprise Fund 183,655 153 Organized Athletics 1,895 702 Wastewater Enterprise Fund 743,396 154 Community Center 27,963 703 Stormwater Enterprise Fund 17,633 155 Beaches 169 Total Enterprise Fund 1,317,105 156 Youth Programs 19,911 157 Special Events 18,451 802 494 Commuter Services 28,219 158 Senior Center 4,332 807 Benefits Fund 1,034,862 159 Recreation Administration 4,348 811 Property Insurance 1,397 160 Therapeutic Recreation 421 812 Fleet Internal Service 145,969 162 Arts 9,911 813 IT Internal Service 46,594 163 Outdoor Center 1,907 814 Facilities Capital ISF 22,460 164 Park Rental Facilities 60 815 Facilites Operating ISF 6,051 168 Arts Center 2,781 816 Facilites City Center ISF 21,053 180 Police Sworn 65,997 817 Facilites Comm. Center ISF 55,548 184 Fire 33,495 818 Dental Insurance 15,755 186 Inspections 5,175 Total Internal Svc/Agency Funds 1,377,908 200 Engineering 4,359 201 Street Maintenance 6,492 Report Total 5,145,255 202 Street Lighting 77,513 Total General Fund 342,615 301 CDBG 18,749 303 Cemetary Operation 4,808 Total Special Revenue Fund 23,557 City of Eden Prairie Council Check Register by GL 9/17/2024 Check #Amount Supplier / Explanation Account Description Business Unit Comments 311843 1,385,432 BITUMINOUS ROADWAYS INC Pavement Rehab Streets Pavement 2024 Pavement Rehab Project 312051 383,901 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Oct 2024 10734 362,171 HEALTHPARTNERS Insurance Health and Benefits Sept 2024 Premiums 10716 353,030 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 08.23.24 311778 338,129 MINGER CONSTRUCTION INC Improvement Contracts Wastewater Capital Lift St. 1,13,15 Construction work 312033 241,294 GOODMANSON CONSTRUCTION Other Contracted Services Park Acquisition & Development Miller Court Construction 10714 232,473 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 08.09.24 312005 212,143 BKJ LAND COMPANY Other Contracted Services CIP Trails Viking Dr Trail Construction 1036795 93,095 GMH ASPHALT CORPORATION Improvement Contracts 2020 Improvement Projects 1036870 75,661 XCEL ENERGY Electric Various Funds 312024 74,097 DMJ ASPHALT INC Other Contracted Services Park Acquisition & Development 10713 65,507 USB-PURCHASING CARD Various Various Funds 311885 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 311920 44,169 DODGE OF BURNSVILLE Autos Fleet - Police 311855 44,094 DODGE OF BURNSVILLE Autos Fleet - Police 311876 34,523 KREMER SERVICES LLC Equipment Repair & Maint Fleet Operating 10718 32,818 EMPOWER Deferred Compensation Health and Benefits 312034 30,024 GRAYMONT Treatment Chemicals Water Treatment 311944 27,649 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1036865 23,747 STREICHERS Training Supplies Police Sworn 312015 22,100 CHOICE ELECTRIC Contract Svcs - Electrical General Community Center 10736 22,077 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Funds 10717 19,165 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1036846 19,031 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Wastewater Lift Station 312076 18,460 SEBCO INC Other Contracted Services Facilities Capital 311955 17,800 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 10737 17,791 WEX FSA - Medical Health and Benefits 1036855 17,442 HANSEN THORP PELLINEN OLSON Other Contracted Services Economic Development Fund 311808 17,154 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 311864 16,707 GRAYMONT Treatment Chemicals Water Treatment 1036798 16,671 HAWKINS INC Treatment Chemicals Water Treatment 10738 16,654 CARD CONNECT Bank and Service Charges Park and Recreation 1036803 16,480 MINNESOTA ROADWAYS CO Contract Svcs - Asphalt/Concr.General Community Center 311991 16,012 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM 10728 16,004 PAYCHEX Wages and Benefits MM 494 Corridor Commission 311946 14,716 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 311891 14,500 PINNACLE DESIGN & REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing 311814 14,406 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 311851 13,575 CORNERHOUSE Other Contracted Services Police Sworn 311923 12,764 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 312003 12,508 BADGER METER Telephone Water Metering 311971 11,330 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 311979 11,301 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 10733 10,815 BPAS HRA Health and Benefits 10743 10,811 CHASE Bank and Service Charges Utility Funds 311801 10,515 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 312027 10,505 FACILITIES MANAGEMENT EXPRESS LLC Software Maintenance IT Operating 312057 10,362 MUSIC TOGETHER IN THE VALLEY LLC Other Contracted Services Enrichment (Non-Sports) 311826 10,238 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 311931 10,139 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 312061 10,000 NORTH TITLE INC Other Contracted Services Rehab 311842 9,712 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating 311945 9,679 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 311998 9,587 ANCOM COMMUNICATIONS INC Other Contracted Services Public Safety Communications 312060 9,123 NEW LOOK CONTRACTING INC Improvement Contracts 2020 Improvement Projects 311916 9,119 VOSON PLUMBING Deposits General Fund 312090 8,749 TYTANN BLACKTOPPING Other Contracted Services Rehab 312038 8,640 INTIME SERVICES INC Software Maintenance IT Operating 10735 8,065 HEALTHPARTNERS Dental Insurance Dental Insurance 312080 8,045 SLAMHAMMER SOUND CO, INC Other Contracted Services July 4th Celebration 311850 7,961 CORE & MAIN Repair & Maint. Supplies Water Distribution 311964 7,930 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1036826 7,868 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 312087 7,600 TARPS INC Operating Supplies Capital Maint. & Reinvestment 311788 7,405 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 311862 7,111 FIREPENNY Small Tools Fire 311898 7,015 SCHLEMMER ELECTRIC Accounts Receivable TIF-Eden Shores Senior Housing 312092 6,804 WHEN I WORK INC Software Maintenance IT Operating 312081 6,250 SOJOURNER PROJECT INC.Other Contracted Services Police Sworn 311880 6,215 MACQUEEN EQUIPMENT INC Small Tools Fire 311780 6,193 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 311776 6,065 CATALYST GRAPHICS INC Postage Communications 311802 6,040 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1036792 6,031 CENTERPOINT ENERGY Gas Various Funds 311793 5,849 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 311820 5,809 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 311972 5,761 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 10721 5,736 HEALTHPARTNERS Dental Insurance Dental Insurance 312035 5,545 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 311960 5,179 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 311914 5,148 VAN PAPER COMPANY Cleaning Supplies General Community Center 311938 5,106 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 311863 5,000 FREE AND EASY BAND Other Contracted Services July 4th Celebration 311986 4,921 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 311781 4,858 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 311832 4,763 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 311811 4,640 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1036869 4,626 WM MUELLER AND SONS INC Gravel Stormwater Collection 312010 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 1036796 4,557 GRAINGER Equipment Repair & Maint Utility Operations - General Check #Amount Supplier / Explanation Account Description Business Unit Comments 311858 4,359 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering 311873 4,309 ISG Other Contracted Services Park Acquisition & Development 311881 4,195 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement 1036860 4,088 POMP'S TIRE SERVICE INC Tires Fleet Operating 311973 4,067 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 311878 4,000 LOCAL 49 TRAINING CENTER Conference/Training Utility Operations - General 311902 4,000 SEBCO INC Other Contracted Services Facilities Capital 312050 4,000 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 311983 3,977 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1036852 3,938 ESRI Other Contracted Services IT Operating 1036810 3,917 WM MUELLER AND SONS INC Gravel Water Distribution 311970 3,902 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 311943 3,840 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 312054 3,737 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 312032 3,693 FRATTALONE CO Fire Hydrant Permits Water Enterprise Fund 1036781 3,655 INFRARED CONSULTING SERVICES INC Other Contracted Services Fire Station #4 311845 3,638 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 311822 3,513 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 311868 3,510 HOME DEPOT CREDIT SERVICES Small Tools Various Funds 1036791 3,479 CDW GOVERNMENT INC.Computers IT Operating 311925 3,359 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 311800 3,340 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1036823 3,301 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 1036808 3,300 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 312011 3,260 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 1036802 3,249 METRO SALES INCORPORATED*Equipment Rentals IT Operating 312020 3,247 CORE & MAIN Repair & Maint. Supplies Water Distribution 1036832 3,208 KRISS PREMIUM PRODUCTS INC Supplies - HVAC General Community Center 311903 3,085 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Water Capital 1036785 3,072 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance 311892 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 312028 2,998 FINNLY TECH INC Software Maintenance Ice Operations 312009 2,928 BRYAN ROCK PRODUCTS INC Repair & Maint. Supplies Water Distribution 311803 2,752 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 312007 2,740 BOLTON & MENK INC Design & Engineering Capital Maint. & Reinvestment 311839 2,686 ASPEN MILLS Postage Fire 312069 2,656 PRESCRIPTION LANDSCAPE Other Contracted Services Street Maintenance 1036859 2,655 PIONEER ATHLETICS Operating Supplies Park Maintenance 311936 2,594 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 311792 2,593 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 312044 2,560 LYNCH CAMPS INC Instructor Service Recreational Sports 311828 2,512 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 311999 2,439 ARVIG ENTERPRISES INC Telephone IT Operating 1036838 2,393 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 311821 2,390 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 311883 2,352 MEDICINE LAKE TOURS Special Event Fees Trips 311889 2,307 PERA Wages and Benefits MM 494 Corridor Commission Check #Amount Supplier / Explanation Account Description Business Unit Comments 311952 2,282 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1036787 2,260 SWANK MOTION PICTURES INC Operating Supplies Summer Theatre 311959 2,168 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1036776 2,112 BRAUN INTERTEC CORPORATION Testing Capital Maint. & Reinvestment 312052 2,100 MHSRC/RANGE Training Supplies Police Sworn 311924 2,044 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 311804 2,033 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 311779 1,968 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 311928 1,954 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 312037 1,873 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 311919 1,837 XIGENT SOLUTIONS LLC Hardware - R&M IT Operating 312030 1,829 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 311807 1,778 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 311872 1,776 ISC COMPANIES INC Repair & Maint. Supplies Water Treatment 311806 1,761 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 311815 1,742 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 311911 1,683 THE ADVENT GROUP Temp 494 Corridor Commission 1036849 1,681 CENTERPOINT ENERGY Gas Various Funds 312071 1,675 READY WATT ELECTRIC Repair & Maint. Supplies Emergency Management 1036801 1,656 MENARDS Supplies - HVAC Wastewater Lift Station 10741 1,647 FIDELITY SECURITY LIFE INSURANCE CO Voluntary Employee Benefits Health and Benefits 311870 1,600 INNOVATIVE GRAPHICS Operating Supplies Arts in the Park 311879 1,596 LUBE TECH RELIABLE PLUS INC Lubricants & Additives Fleet Operating 311951 1,575 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 312088 1,533 THE ADVENT GROUP Temp 494 Corridor Commission 312006 1,500 BLUE LINE CUSTOM GIFTS Operating Supplies Police Sworn 312045 1,500 MACK ANNIE MICHELLE Other Contracted Services July 4th Celebration 312046 1,500 MAIDEN ENTERTAINMENT LLC Other Contracted Services July 4th Celebration 1036769 1,487 VINOCOPIA Liquor Product Received Den Road Liquor Store 311910 1,467 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 312025 1,440 EARL F ANDERSEN INC Signs Traffic Signs 312086 1,425 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 311810 1,417 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 312031 1,400 FORSGREN, CINDY WADE Other Contracted Services Summer Theatre 311874 1,397 JIANG JEFF Insurance Property Insurance 311954 1,387 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 311782 1,387 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 312022 1,350 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 311947 1,307 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 311976 1,306 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 312049 1,271 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement 311907 1,262 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital 312012 1,219 CENTURYLINK Telephone City Center - CAM 1036845 1,200 WSB & ASSOCIATES INC Improvement Contracts Economic Development Fund 311785 1,173 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 312084 1,167 STANDARD SPRING PARTS Equipment Parts Fleet Operating 1036813 1,130 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 311867 1,113 HIGHWAY 5 BP Equipment Repair & Maint Police Sworn 311975 1,113 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 311922 1,112 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 10744 1,097 AMERICAN EXPRESS Bank and Service Charges Utility Funds 311989 1,055 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 312029 1,048 FIRE SAFETY USA INC Equipment Parts Fleet Operating 311833 1,039 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 312058 1,022 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Recreational Sports 311836 1,016 A WHALE OF A TREAT Miscellaneous Internal Events 311917 1,000 WAYNES HOME SERVICES Window Washing Various Funds 1036841 980 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance 311847 957 CINTAS CORPORATION Safety Supplies Community Center Admin 311812 954 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store 1036770 950 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 10722 943 WEX FSA - Medical Health and Benefits 311819 934 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1036800 930 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment 1036820 924 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1036790 921 BIFFS INC Other Contracted Services Arts in the Park 10732 905 WEX FSA - Dependent Care Health and Benefits 311853 900 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 312083 900 SOMALI MUSEUM OF MINNESOTA Other Contracted Services PeopleFest 1036812 895 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 311866 880 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 1036840 875 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 311786 874 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 311995 870 ALLENS SERVICE Other Contracted Services Police Sworn 1036767 866 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1036766 863 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 10715 856 UKG INC Garnishment Withheld Health and Benefits 311887 855 NORTHSTAR COMPANIES Operating Supplies Fire 311824 843 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 311948 834 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store 311791 809 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 311894 803 PRINCIPAL FINANCIAL GROUP Wages and Benefits MM 494 Corridor Commission 311996 760 AMERICAN PRESSURE INC Repair & Maint. Supplies Water Treatment 312013 756 CENTURYLINK Internet IT Operating 1036786 745 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 1036809 733 STREICHERS Operating Supplies Police Sworn 1036842 730 SWANK MOTION PICTURES INC Other Contracted Services Special Initiatives 1036815 728 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 312073 723 SAFETY SIGNS Signs Traffic Signs 312055 713 MOBOTREX INC Equipment Repair & Maint Traffic Signals 1036818 713 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 311827 710 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1036771 706 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 312082 705 SOLUTION BUILDERS Computers 494 Corridor Commission Check #Amount Supplier / Explanation Account Description Business Unit Comments 10740 702 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration 311896 700 QUALITY COUNTS LLC Improvement Contracts Transportation Fund 10725 670 WEX FSA - Dependent Care Health and Benefits 311861 670 FIRE SMART PROMOTIONS Fire Prev Supp-Pub Ed/PR Fire 1036858 665 MOTOROLA Equipment Repair & Maint Public Safety Communications 10727 657 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 311906 651 ST CROIX LINEN LLC Operating Supplies-Linens Fire 311838 648 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance 311856 628 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1036797 623 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital 1036817 621 VINOCOPIA Liquor Product Received Den Road Liquor Store 311809 620 MEGA BEER Liquor Product Received Den Road Liquor Store 311967 617 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 311912 609 T-MOBILE Cell/Pager Plans IT Operating 312062 600 NOW MICRO INC Computers IT Operating 311935 585 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 311875 578 K&M ELECTRIC COMPANY INC Equipment Repair & Maint Water Supply (Wells) 10729 564 PMA FINANCIAL NETWORK INC Bank and Service Charges Utility Funds 311941 564 WINEBOW Liquor Product Received Prairie Village Liquor Store 312067 545 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 1036788 543 THE OASIS GROUP Employee Assistance Organizational Services 312042 540 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections 311994 534 ALLEGRA PRINTING Printing Arts in the Park 311871 525 INTERTECH INC Contract Development IT Operating 311918 525 WOMEN'S DRUM CENTER Other Contracted Services Arts in the Park 311962 519 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store 311886 513 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 311926 511 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 311783 501 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 311897 500 RJ KOOL MIDWEST INC Operating Supplies Fire 1036854 496 GRAINGER Repair & Maint. Supplies Park Maintenance 1036843 493 URBINA, JAIME Mileage & Parking Den Road Liquor Store 311915 492 VESTIS SERVICES LLC Janitor Service Prairie View Liquor Store 311993 483 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance 1036799 482 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 311957 482 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 311795 477 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store 311932 455 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 311956 455 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1036774 454 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 312070 444 PROP - PR Charitable Contributions Health and Benefits 1036829 442 FLEETPRIDE INC Equipment Parts Fleet Operating 1036830 425 GREGOIRE, DAVID Other Contracted Services Communications 311857 414 EPIC EVENT RENTAL Other Contracted Services Arts in the Park 311884 408 MINNESOTA AIR INC Repair & Maint. Supplies Water Treatment 1036778 403 CUSTOM HOSE TECH Equipment Repair & Maint Park Maintenance 311977 398 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 10720 397 WEX FSA - Dependent Care Health and Benefits 1036863 393 SPS COMPANIES Building Repair & Maint.Utility Operations - General 312065 378 OSOWSKI LUCAS Mileage & Parking Utility Operations - General 1036828 374 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Stormwater Collection 1036780 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 311969 368 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1036783 365 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 311816 360 WINEBOW Liquor Product Received Den Road Liquor Store 1036861 357 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 311797 353 WINEBOW Liquor Product Received Prairie Village Liquor Store 311841 349 BATTERIES PLUS BULBS Operating Supplies Fire Station #1 311817 347 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 312002 338 AVOLVE SOFTWARE Software IT Operating 312036 333 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 312008 319 BOUND TREE MEDICAL LLC EMS Supplies Fire 1036825 318 BOSACKER MIKE Travel Expense Police Sworn 311965 314 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1036853 314 FACTORY MOTOR PARTS COMPANY Operating Supplies Fleet Operating 1036779 311 GIRARD'S BUSINESS SOLUTIONS INC Office Supplies Customer Service 311913 311 UDOR USA Equipment Repair & Maint Park Maintenance 312064 302 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Street Maintenance 312018 300 COMCAST Phone/Data/Web 494 Corridor Commission 1036851 292 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 311846 290 CENTURYLINK Telephone E-911 Program 312075 285 SCOTT COUNTY SHERIFF'S OFFICE Deposits General Fund 1036866 285 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 311987 284 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1036833 282 MADISON, MELISSA Corridor Comm. Misc 494 Corridor Commission 311794 280 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 311929 278 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 311968 277 WINEBOW Liquor Product Received Den Road Liquor Store 311789 273 MEGA BEER Liquor Product Received Prairie Village Liquor Store 311966 267 VENN BREWING COMPANY Liquor Product Received Den Road Liquor Store 312000 267 ASPEN MILLS Clothing & Uniforms Fire 311805 266 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store 311997 266 AMERICAN RED CROSS Licenses and Fees Pool Lessons 312091 265 VESTIS SERVICES LLC Janitor Service Prairie Village Liquor Store 311940 262 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 311869 259 INDIGO SIGNWORKS, INC.Operating Supplies Pool Operations 311904 250 SILVERBERG MATTHEW CHARLES Other Contracted Services Staring Lake Concert 311859 248 FASTSIGNS Operating Supplies Elections 311981 246 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1036768 244 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 10730 243 WEX FSA - Medical Health and Benefits 311854 243 DIGGINS ISABEL DAY Conference/Prof. Dev.494 Corridor Commission 312041 238 LIGHT GINA Clothing & Uniforms Theatre Initiative 311798 236 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 311790 236 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 312023 232 DIGGINS NICHOLE DAY Conference/Prof. Dev.494 Corridor Commission 1036807 224 SHERWIN WILLIAMS CO Repair & Maint. Supplies Park Maintenance 1036847 223 BOYER TRUCKS Equipment Parts Fleet Operating 1036850 218 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 311829 217 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 1036773 214 VINOCOPIA Liquor Product Received Prairie View Liquor Store 311837 214 ACME TOOLS Repair & Maint. Supplies Utility Operations - General 312095 214 RODEKUHR GARY Deposits General Fund 311860 210 FIRE SAFETY USA INC Equipment Parts Fleet Operating 311980 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 311961 206 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 311933 204 MILK AND HONEY CIDERS Liquor Product Received Prairie Village Liquor Store 1036835 199 METROPOLITAN FORD Equipment Parts Fleet Operating 311831 197 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 311865 195 HENNEPIN COUNTY FIRE CHIEF ASSOC Conference/Training Fire 1036806 194 REINDERS INC Chemicals Park Maintenance 1036862 191 SHERWIN WILLIAMS CO Repair & Maint. Supplies Park Maintenance 312019 190 COMCAST Internet IT Operating 311985 189 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 311974 187 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store 1036805 186 MTI DISTRIBUTING INC Lubricants & Additives Fleet Operating 311834 185 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1036822 185 AMERICAN ENGINEERING TESTING INC Other Contracted Services CIP Trails 311937 181 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 311877 173 LAWSON PRODUCTS INC Repair & Maint. Supplies Fleet Operating 311908 172 STAPLES ADVANTAGE Office Supplies Customer Service 311988 170 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1036793 170 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre 1036868 170 WAYTEK INC Operating Supplies Capital Maint. & Reinvestment 311992 169 ACME TOOLS Repair & Maint. Supplies Stormwater Collection 1036789 168 VERLEY, VALERIE Mileage & Parking Community Center Admin 311939 165 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 311840 165 AZTEC BP Equipment Repair & Maint Police Sworn 312043 164 LORENZ, JOYCE Travel Expense Communications 311830 162 RISE RIGHT LLC Liquor Product Received Prairie View Liquor Store 312048 160 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn 1036819 153 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 311934 152 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 311888 152 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Arts Center 312066 152 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center 311890 151 PILGRIM DRY CLEANERS INC Clothing & Uniforms Fire 311921 150 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund 311949 147 DOMACE VINO LLC Liquor Product Received Den Road Liquor Store 1036772 147 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 311796 145 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 311950 142 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 312039 135 KIESLER POLICE SUPPLY INC.Clothing & Uniforms Police Sworn 312063 135 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 1036856 135 HORIZON COMMERCIAL POOL SUPPLY Chemicals Park Maintenance 312014 135 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 1036837 134 OLSEN CHAIN & CABLE Repair & Maint. Supplies Wasterwater Collection 311942 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 311990 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 311958 130 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 311953 129 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 311984 129 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1036765 129 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 311813 125 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store 1036821 123 VINOCOPIA Liquor Product Received Prairie View Liquor Store 311927 122 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 311818 120 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store 311848 120 CINTAS CORPORATION #470 Operating Supplies Fleet Operating 1036814 120 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 312016 119 COMCAST Telephone E-911 Program 312077 118 SHRED RIGHT Waste Disposal Fire Station #1 311963 116 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 1036784 116 OLSON, ROBERT Mileage & Parking Police Sworn 1036864 114 STERICYCLE INC Other Contracted Services Police Sworn 311784 109 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1036816 106 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 311835 103 A TO Z RENTAL CENTER Repair & Maint. Supplies Utility Operations - General 311787 100 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 311825 100 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store 311930 100 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 311978 100 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store 1036848 99 CDW GOVERNMENT INC.Computers IT Operating 312093 98 ROY MICHAEL P&R Refunds Community Center Admin 312017 97 COMCAST Internet IT Operating 312001 95 AT & T Other Contracted Services Police Sworn 311823 94 ELM CREEK BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1036827 90 CARLSTON, BRANDON Canine Supplies Police Sworn 311844 90 BLUE LINE CUSTOM GIFTS Operating Supplies Police Sworn 1036839 86 REXFORD ZACHARY Conference/Training Assessing 312074 84 SCHLAMPP AMANDA Operating Supplies Arts Center 10719 83 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 311852 81 DE PRISCO DAVID AR Utility Water Enterprise Fund 1036824 76 BERRY COFFEE COMPANY Merchandise for Resale Concessions 311909 75 STRAND MANUFACTURING CO INC Repair & Maint. Supplies Water Treatment 1036831 71 KORAS, JORDAN Tuition Reimbursement/School Police Sworn 312068 69 PRAIRIE LAWN AND GARDEN Repair & Maint. Supplies Fleet Operating 10731 67 SQUARE Bank and Service Charges Den Road Liquor Store 311905 67 SONAWANE NEIL P&R Refunds Community Center Admin 312026 63 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 1036775 61 ABRAMOVICH GENNADIY Operating Supplies Police Sworn 1036811 60 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1036836 60 MPX GROUP, THE Printing Police Sworn 311982 56 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 312072 54 RICHFIELD PRINTING INC Office Supplies Customer Service 311799 52 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 1036782 52 LINDAHL, DAVID Mileage & Parking Economic Development 312094 50 THOMPSON NATE Other Contracted Services Assessing 312085 47 STAPLES ADVANTAGE Office Supplies Customer Service 1036857 44 MENARDS Repair & Maint. Supplies Round Lake 1036804 43 MOTOROLA Operating Supplies Public Safety Communications 1036834 43 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 312089 40 T-MOBILE Telephone IT Operating 10739 39 PAYA Bank and Service Charges Theatre Initiative 10723 35 WEX FSA - Medical Health and Benefits 312078 35 SIEMIENAS AMANDA Mileage & Parking Beaches 311849 34 COMCAST Other Contracted Services Police Sworn 312021 32 CROWLEY MAGGIE Mileage & Parking Beaches 312047 32 MARCO INC Telephone IT Operating 1036777 31 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Stormwater Collection 1036844 30 WILSFORD JAMES Reimbursable Training Fire 311900 29 SCOTT COUNTY Autos Fleet - Police 311901 29 SCOTT COUNTY Autos Fleet - Police 10724 28 WEX FSA - Medical Health and Benefits 311777 26 HEATON THERESE Deposits General Fund 312079 25 SIEMIENAS ERIN Mileage & Parking Beaches 1036794 22 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1036867 21 UPS Postage Human Resources 311882 20 MEANS AARON P&R Refunds Community Center Admin 312004 18 BANJOKO FUNMI Operating Supplies Arts Center 312056 18 MRI SOFTWARE LLC Other Contracted Services Police Sworn 312053 18 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance 311899 16 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating 312059 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 312040 10 LEVESQUE RICHARD P&R Refunds Community Center Admin 311893 8 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance 10742 8 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 10726 4 WEX FSA - Medical Health and Benefits 311895 2 PROPIO LS LLC Other Contracted Services Recreation Admin 5,145,255 Grand Total City of Eden Prairie Purchasing Card Report 9/17/2024 Amount Account Description Business Unit 3,345 Building Surcharge General Fund 2,987 Operating Supplies-Dept Events Fire 2,537 Retention Program Community Center Admin 1,960 Supplies - HVAC Ice Arena Maintenance 1,286 Operating Supplies Police Sworn 1,162 Special Event Fees Senior Center Programs 1,084 Mechanical Surcharge General Fund 875 Conference/Training Fire 859 Travel Expense City Council 816 Other Contracted Services July 4th Celebration 795 Other Contracted Services Den Road Liquor Store 759 Conference/Training Communications 750 Capital Under $25,000 Fitness Classes 750 Equipment Repair & Maint Fleet Operating 749 Tuition Reimbursement/School Police Sworn 704 Tuition Reimbursement/School Police Sworn 704 Tuition Reimbursement/School Police Sworn 662 Conference/Training Stormwater Non-Capital 660 Licenses, Taxes, Fees Theatre Initiative 659 Operating Supplies Day Camp 657 Conference/Training Police Sworn 657 Conference/Training Police Sworn 637 Operating Supplies Fire 630 Dues & Subscriptions Fire 625 Conference/Training IT Operating 625 Conference/Training IT Operating 600 Conference/Training Outdoor Center 599 Licenses, Taxes, Fees Fitness Classes 574 Equipment Repair & Maint E-911 Program 550 Tuition Reimbursement/School Police Sworn 546 Dues & Subscriptions General Community Center 538 Clothing & Uniforms Summer Theatre 525 Awards Volleyball 479 Travel Expense Police Sworn Amount Account Description Business Unit 467 Conference/Training Community Development Admin. 456 Operating Supplies Police Sworn 450 Awards Softball 440 Merchandise for Resale Arts Center 437 Plumbing Surcharge General Fund 435 Operating Supplies Public Safety Communications 431 Operating Supplies Park Maintenance 425 Operating Supplies Playgrounds 422 Bank and Service Charges Den Road Liquor Store 405 Operating Supplies Safety Camp 400 Reimbursable Training Fire 400 Reimbursable Training Fire 400 Conference/Training Stormwater Non-Capital 399 Other Contracted Services Liquor Store Delivery 395 Tuition Reimbursement/School Police Sworn 385 Licenses, Taxes, Fees City Hall (City Cost) 369 Miscellaneous City Council 363 Operating Supplies Ice Operations 350 Conference/Training Human Resources 350 Tuition Reimbursement/School Police Sworn 350 Tuition Reimbursement/School Police Sworn 348 Travel Expense Communications 340 Dues & Subscriptions Tennis 338 Supplies - Pool Pool Maintenance 332 Tuition Reimbursement/School Police Sworn 332 Tuition Reimbursement/School Police Sworn 330 Operating Supplies Pool Lessons 317 Clothing & Uniforms Pool Operations 316 Operating Supplies Playgrounds 311 Operating Supplies - Water Fire 300 Equipment Repair & Maint Fitness Center 293 Operating Supplies Fire 281 Operating Supplies Playgrounds 280 Operating Supplies Day Camp 256 Operating Supplies Fire 255 Operating Supplies Fire 255 Bank and Service Charges Prairie View Liquor Store 250 Conference/Training City Clerk 250 Conference/Training City Clerk Amount Account Description Business Unit 246 Supplies - Plumbing Park Shelters 242 Dues & Subscriptions Housing and Community Service 237 Miscellaneous IT Operating 236 Operating Supplies Fire 235 Operating Supplies July 4th Celebration 232 Equipment Parts Fleet Operating 229 Printers IT Operating 225 Operating Supplies New Adaptive 219 Operating Supplies Safety Camp 205 Bank and Service Charges Prairie Village Liquor Store 203 Other Contracted Services Den Road Liquor Store 203 Other Contracted Services Prairie Village Liquor Store 203 Other Contracted Services Prairie View Liquor Store 202 Supplies - Electrical Fire Station #2 194 Travel Expense Communications 193 Operating Supplies Outreach 190 Special Event Fees Trips 185 Operating Supplies Fire 183 Operating Supplies Day Care 181 Operating Supplies Day Camp 180 Operating Supplies Day Camp 178 Operating Supplies Community Center Admin 175 Operating Supplies Outdoor Center 172 Operating Supplies Day Camp 171 Operating Supplies Tree Disease 171 Operating Supplies Arts Center 168 Operating Supplies Arts Center 168 Printers -Accessories IT Operating 165 Operating Supplies - Food Fire 161 Operating Supplies Outdoor Center 160 Operating Supplies Arts Center 160 Operating Supplies Fire 160 Operating Supplies Day Camp 157 Operating Supplies Park Maintenance 154 Operating Supplies Day Camp 154 Operating Supplies Community Center Admin 152 Merchandise for Resale Concessions 151 Operating Supplies Day Camp 151 Licenses, Taxes, Fees Theatre Initiative Amount Account Description Business Unit 150 Awards Pickleball 148 Special Event Fees Senior Center Programs 144 Operating Supplies Pool Operations 144 Operating Supplies Fitness Classes 141 Tuition Reimbursement/School Police Sworn 140 Operating Supplies Arts in the Park 138 Operating Supplies Outreach 137 Operating Supplies Day Camp 137 Equipment Parts Fleet Operating 135 Conference/Training Park Maintenance 135 Conference/Training Housing and Community Service 135 Conference/Training Community Development Admin. 135 Operating Supplies Parks Administration 135 Dues & Subscriptions Fire 135 Dues & Subscriptions Fire 135 Dues & Subscriptions Fire 134 Operating Supplies Day Camp 134 Operating Supplies Tennis 133 Operating Supplies Day Camp 130 Operating Supplies Stormwater Non-Capital 130 Travel Expense Communications 130 Operating Supplies Arts Center 128 Operating Supplies Outdoor Center 127 Operating Supplies Fire 126 Operating Supplies Day Camp 125 Conference/Training Heritage Preservation 123 Equipment Parts Fleet Operating 123 Merchandise for Resale Concessions 122 Operating Supplies Pool Operations 121 Operating Supplies Public Safety Communications 120 Operating Supplies Playgrounds 119 Supplies - General Bldg Police (City Cost) 119 Supplies - General Bldg City Hall (City Cost) 118 Operating Supplies Day Camp 116 Operating Supplies Pool Operations 113 Employee Award Organizational Services 113 Operating Supplies Arts Center 113 Operating Supplies Arts Center 112 Conference/Training Facilities Staff Amount Account Description Business Unit 110 Licenses, Taxes, Fees Fitness Classes 110 Repair & Maint. Supplies Facilities Staff 108 Operating Supplies Day Camp 100 Dues & Subscriptions Planning 100 Operating Supplies Day Camp 98 Operating Supplies Police Sworn 96 Operating Supplies Outdoor Center 96 Operating Supplies Arts Center 94 Travel Expense Police Sworn 93 Merchandise for Resale Concessions 90 Landscape Materials/Supp Park Maintenance 90 Operating Supplies Police Sworn 89 Conference/Training Police Sworn 88 Protective Clothing Fire 88 Fire Prevention Supplies Fire 87 Software/Hardware Maint.Fire 86 Operating Supplies Arts Center 86 Deposits General Fund 86 Deposits General Fund 85 Operating Supplies Special Initiatives 83 Operating Supplies Outdoor Center 81 Operating Supplies Special Initiatives 81 Clothing & Uniforms Pool Operations 80 Computers - Hardware IT Operating 79 Dues & Subscriptions Youth Programs Admin 79 Operating Supplies Fire 78 Operating Supplies Senior Center Programs 78 Operating Supplies New Adaptive 78 Operating Supplies New Adaptive 78 Operating Supplies Senior Center Programs 76 Operating Supplies Pool Lessons 76 Operating Supplies Pool Lessons 75 Tuition Reimbursement/School Police Sworn 75 Advertising Special Events Admin 75 Operating Supplies Outdoor Center 72 Operating Supplies Arts Center 72 Operating Supplies Arts Center 69 Dues & Subscriptions Communications 69 Operating Supplies Special Initiatives Amount Account Description Business Unit 68 Operating Supplies Day Camp 68 Operating Supplies Arts Center 67 Operating Supplies Fire 67 Operating Supplies Outdoor Center 66 Operating Supplies Community Center Admin 65 Clothing & Uniforms Fire 64 Operating Supplies Community Center Admin 64 Operating Supplies Community Center Admin 63 Operating Supplies Outdoor Center 62 Merchandise for Resale Senior Board 60 Operating Supplies Park Facilities 60 Operating Supplies Pool Operations 60 Operating Supplies July 4th Celebration 57 Operating Supplies Arts Center 57 Operating Supplies Arts Center 57 Operating Supplies Community Center Admin 56 Operating Supplies Outdoor Center 55 Operating Supplies Day Camp 55 Equipment Repair & Maint Public Safety Communications 54 Special Event Fees Senior Center Programs 53 Operating Supplies Elections 51 Equipment Repair & Maint Pool Operations 51 Operating Supplies Senior Center Programs 51 Operating Supplies Arts Center 51 Office Supplies Outdoor Center 51 Operating Supplies Community Center Admin 50 Dues & Subscriptions Police Sworn 50 Software Fleet Operating 50 Special Event Fees Senior Center Programs 49 Operating Supplies Fitness Classes 48 Operating Supplies Elections 47 Operating Supplies Fire 47 Supplies - HVAC City Hall (City Cost) 46 Motor Fuels Fleet Operating 45 Merchandise for Resale Senior Board 45 Office Supplies Park Maintenance 44 Operating Supplies Arts Center 43 Operating Supplies Arts Center 43 Operating Supplies Playgrounds Amount Account Description Business Unit 42 Operating Supplies Fire 41 Operating Supplies Outdoor Center 40 Operating Supplies Outdoor Center 39 Operating Supplies Tree Disease 39 Operating Supplies Senior Board 38 Operating Supplies Fitness Center 38 Operating Supplies Day Camp 36 Operating Supplies Special Initiatives 36 Operating Supplies Elections 35 Operating Supplies Arts Center 35 Conference/Training Inspections-Administration 35 Supplies - General Bldg General Community Center 35 Operating Supplies Outreach 34 Operating Supplies Outreach 34 Operating Supplies Arts Center 34 Operating Supplies Outdoor Center 33 Operating Supplies Fitness Admin. 33 Operating Supplies Elections 32 Miscellaneous Parks Administration 31 Operating Supplies Playgrounds 31 Operating Supplies Arts in the Park 31 Operating Supplies Day Camp 31 Training Supplies Community Center Admin 30 Conference/Training Outdoor Center 30 Dues & Subscriptions Outdoor Center 30 Small Tools Outdoor Center 30 Operating Supplies Beaches 30 Operating Supplies IT Operating 30 Operating Supplies Internal Events 29 Operating Supplies Police Sworn 29 Operating Supplies Police Sworn 29 Training Supplies Police Sworn 29 Special Event Fees Senior Center Programs 29 Operating Supplies Outdoor Center 28 Operating Supplies Day Camp 28 Operating Supplies Outdoor Center 28 Operating Supplies Arts Center 28 Operating Supplies Outdoor Center 28 Operating Supplies Day Camp Amount Account Description Business Unit 27 Operating Supplies Arts Center 26 Operating Supplies Senior Center Programs 26 Operating Supplies Arts Center 25 Equipment Parts Fleet Operating 25 Operating Supplies Arts in the Park 25 Operating Supplies Arts Center 25 Awards Volleyball 25 Operating Supplies Arts Center 25 Operating Supplies Beaches 24 Operating Supplies Police Sworn 23 Repair & Maint. Supplies Water Treatment 23 Operating Supplies Beaches 22 Operating Supplies Senior Center Programs 22 Operating Supplies Senior Center Programs 22 Operating Supplies - Food Fire 22 Operating Supplies Outdoor Center 22 Operating Supplies Outdoor Center 22 Operating Supplies Outreach 22 Operating Supplies Public Safety Communications 22 Operating Supplies Police Sworn 22 Operating Supplies Special Initiatives 22 Miscellaneous City Council 22 Computer -Accessories IT Operating 21 Operating Supplies Arts Center 20 Dues & Subscriptions Police Sworn 20 Conference/Training Economic Development 20 Operating Supplies Arts Center 20 Operating Supplies Outdoor Center 20 Operating Supplies Arts Center 20 Operating Supplies Pool Operations 20 Operating Supplies Fire 19 Conference/Training Park Maintenance 19 Operating Supplies Day Camp 18 Operating Supplies New Adaptive 17 Other Contracted Services Organizational Services 17 Operating Supplies Day Camp 17 Operating Supplies Arts Center 16 Office Supplies Police Sworn 16 Operating Supplies Trips Amount Account Description Business Unit 16 Operating Supplies Arts Center 16 Operating Supplies Arts Center 16 Miscellaneous City Council 16 Operating Supplies Outdoor Center 16 Operating Supplies Outdoor Center 15 Repair & Maint. Supplies Water Metering 15 Operating Supplies Arts Center 15 Conference/Training Administration 15 Operating Supplies Senior Center Programs 15 Operating Supplies Outdoor Center 15 Operating Supplies New Adaptive 14 Operating Supplies Special Events Admin 14 Operating Supplies Day Camp 14 Operating Supplies Arts Center 14 Operating Supplies Volunteers 14 Operating Supplies IT Operating 14 Small Tools Fleet Operating 13 Operating Supplies Outdoor Center 13 Operating Supplies - Food Fire 13 Operating Supplies Arts Center 13 Operating Supplies Outdoor Center 12 Operating Supplies Outdoor Center 12 Operating Supplies Day Camp 12 Operating Supplies Tennis 12 Operating Supplies Outdoor Center 12 Operating Supplies Outdoor Center 11 Operating Supplies Theatre Initiative 11 Operating Supplies Day Camp 11 Operating Supplies Arts Center 10 Office Supplies Police Sworn 10 Operating Supplies Outreach 10 Operating Supplies Special Initiatives 9 Office Supplies Police Sworn 9 Operating Supplies Outdoor Center 9 Other Contracted Services Wine Club/Events 9 Operating Supplies Fitness Classes 9 Operating Supplies Arts Center 9 Operating Supplies Arts Center 9 Operating Supplies Athletic Programs Admin Amount Account Description Business Unit 8 Operating Supplies Fitness Admin. 8 Equipment Repair & Maint Police Sworn 8 Operating Supplies Day Camp 8 Operating Supplies Outdoor Center 8 Operating Supplies Fitness Classes 8 Operating Supplies Senior Center Admin 7 Operating Supplies Arts Center 7 Operating Supplies Police Sworn 7 Operating Supplies New Adaptive 6 Operating Supplies Athletic Programs Admin 6 Operating Supplies IT Operating 6 Operating Supplies Pool Operations 6 Operating Supplies Pool Operations 6 Operating Supplies Fitness Admin. 6 Operating Supplies Day Camp 5 Miscellaneous Economic Development 5 Operating Supplies Arts Center 5 Operating Supplies Fitness Classes 5 Operating Supplies Fitness Center 5 Operating Supplies Prairie Village Liquor Store 5 Operating Supplies Den Road Liquor Store 5 Operating Supplies Prairie View Liquor Store 4 Operating Supplies Arts Center 3 Repair & Maint. Supplies Franlo Park 3 Operating Supplies Tennis 3 Conference/Training Heritage Preservation 2 Operating Supplies Special Initiatives 2 Advertising Fitness Classes 2 Advertising Arts in the Park -4 Operating Supplies Arts Center -15 Operating Supplies Parks Administration -20 Operating Supplies Arts Center -20 Merchandise for Resale Concessions -30 Conference/Training Outdoor Center -97 Other Revenue General Fund -135 Dues & Subscriptions Fire -140 Deposits General Fund -175 Operating Supplies Outdoor Center -360 Tuition Reimbursement/School Police Sworn Amount Account Description Business Unit -400 Reimbursable Training Fire 65,507 Report Total