HomeMy WebLinkAboutCity Council - 02/17/2015
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 17, 2015 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop - Heritage Room II
I. VEGETATION MANAGEMENT PLANS FOR MITCHELL AND RED ROCK
LAKES (5:30-6:15)
II. WATER PROGRAM UPDATES (6:15-6:30)
Open Podium - Council Chamber
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 17, 2015 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner
Julie Klima, Community Development Director Janet Jeremiah, Parks and Recreation Director
Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 3, 2015
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 3, 2015
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
CHAPTER 5 RELATING TO REGULATION OF PEDDLERS, SOLICITORS
AND TRANSIENT MERCHANTS AND ADOPT RESOLUTION APPROVING
PUBLICATION OF SUMMARY ORDINANCE
C. APPROVE CONTRACT WITH KEYS WELL DRILLING COMPANY TO
SERVICE PUMP EQUIPMENT IN WELLS NO. 11 AND NO. 13 AND
INSTALL NEW FLOW METER PUMPING SYSTEM COMPONENTS
D. AWARD CONTRACT TO ST. CROIX ENVIRONMENTAL SERVICES,
FOR WELL 11 & 13 REHABILITATION WORK
E. AWARD CONSTRUCTION CONTRACT FOR BITTERSWEET DRIVE
CULVERT REHABILITATION TO INSITUFORM TECHNOLOGIES
USA, LLC
CITY COUNCIL AGENDA
February 17, 2015
Page 2
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK
ASSOCIATES, INC. FOR PURGATORY CREEK BANK STABILIZATION
NEAR PURGATORY ROAD
G. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE
THE CITY MANAGER TO DISPOSE OF THE PROPERTY
H. AWARD CONTRACT FOR REPAIR OF RINK 1 HVAC AT COMMUNITY
CENTER TO NORTHERN AIR CORPORATION
I. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT A FUNDING
APPLICATION THROUGH HENNEPIN COUNTY’S TRANSIT ORIENTED
DEVELOPMENT (TOD) PROGRAM FOR THE WEST 70TH STREET
EXTENSION PROJECT
IX. PUBLIC HEARINGS / MEETINGS
A. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING
PLAN, DISTRICT NO. 16, AND AMENDMENT NO. 4 TO THE PROJECT
MANAGEMENT AGREEMENT
B. AMEND PUD AND DEVELOPMENT AGREEMENT FOR THE
APARTMENTS AT CITY WEST by City of Eden Prairie. Request for Planned
Unit Development Amendment with waivers on 13.5 acres and Zoning District
Amendment on 13.5. Location: 6418, 6425 and 6434 City West Parkway.
(Ordinance for PUD District Amendment with waivers and Zoning District
Amendment in the RM-2.5 Zoning District)
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 THE COMMUNITY DEVELOPMENT DIRECTOR
1. Resolution Supporting Participation in the Open to Business Program
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
CITY COUNCIL AGENDA
February 17, 2015
Page 3
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: February 17, 2015
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, February 17, 2015
___________________________________________________________________________________________
TUESDAY, FEBRUARY 17, 2015 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the
first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If
you wish to speak at Open Podium, please contact the City Manager’s office at
952.949.8412 by noon of the meeting date with your name, phone number and subject
matter. If time permits after scheduled speakers are finished, the Mayor will open the floor
to unscheduled speakers. Open Podium is not recorded or televised. If you have questions
about Open Podium, please contact the City Manager’s Office.
IV. PROCLAMATIONS / PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 3, 2015
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 3, 2015
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-I on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
CHAPTER 5 RELATING TO REGULATION OF PEDDLERS, SOLICITORS
AND TRANSIENT MERCHANTS AND ADOPT RESOLUTION APPROVING
PUBLICATION OF SUMMARY ORDINANCE
ANNOTATED AGENDA
February 17, 2015
Page 2
C. APPROVE CONTRACT WITH KEYS WELL DRILLING COMPANY TO
SERVICE PUMP EQUIPMENT IN WELLS NO. 11 AND NO. 13 AND
INSTALL NEW FLOW METER PUMPING SYSTEM COMPONENTS
D. AWARD CONTRACT TO ST. CROIX ENVIRONMENTAL SERVICES,
FOR WELL 11 & 13 REHABILITATION WORK
E. AWARD CONSTRUCTION CONTRACT FOR BITTERSWEET DRIVE
CULVERT REHABILITATION TO INSITUFORM TECHNOLOGIES USA,
LLC
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK
ASSOCIATES, INC. FOR PURGATORY CREEK BANK STABILIZATION
NEAR PURGATORY ROAD
G. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE
THE CITY MANAGER TO DISPOSE OF THE PROPERTY
H. AWARD CONTRACT FOR REPAIR OF RINK 1 HVAC AT COMMUNITY
CENTER TO NORTHERN AIR CORPORATION
I. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT A FUNDING
APPLICATION THROUGH HENNEPIN COUNTY’S TRANSIT ORIENTED
DEVELOPMENT (TOD) PROGRAM FOR THE WEST 70TH STREET
EXTENSION PROJECT
IX. PUBLIC HEARINGS / MEETINGS
A. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING
PLAN, DISTRICT NO. 16, AND AMENDMENT NO. 4 TO THE PROJECT
MANAGEMENT AGREEMENT
Synopsis: This public hearing was continued from the January 20, 2015, meeting.
Staff recommends continuing the public hearing to the March 31, 2015, meeting to
allow for continued negotiations with the developer on the length of the extension
of the term for the affordable units.
MOTION: Move to continue the public hearing on the Resolution
approving Modified Tax Increment Financing Plan, District No. 16, and
Amendment No. 4 to the Project Management Agreement to the
March 31, 2015, City Council Meeting.
B. AMEND PUD AND DEVELOPMENT AGREEMENT FOR THE
APARTMENTS AT CITY WEST by City of Eden Prairie. Request for Planned
Unit Development Amendment with waivers on 13.5 acres and Zoning District
Amendment on 13.5. Location: 6418, 6425 and 6434 City West Parkway.
(Ordinance for PUD District Amendment with waivers and Zoning District
Amendment in the RM-2.5 Zoning District)
ANNOTATED AGENDA
February 17, 2015
Page 3
Official notice of this public hearing was published in the February 5, 2015, Eden
Prairie News and sent to 12 property owners.
Synopsis: This property has been developed as an apartment complex. With the
recent construction associated with Shady Oak Road, the property owner and the
City have been negotiating related to additional property needed for easement areas
resulting from the Shady Oak Trail construction project. The easement areas will
impact parking on the northwest corner of the site. Two impacted parking stalls are
able to be relocated and replaced to the east of their current location. Five
potentially impacted parking stalls would be eliminated.
The property owner has requested that the City amend the current approvals for the
property to reflect the potential change in surface parking in the event that the
parking is unable to be replaced.
The following PUD waiver is proposed:
1. Parking Stalls. The City Code requires 2 parking stalls for each residential
unit. The site provides one surface parking stall and one enclosed parking
stall for each residential unit, meeting the Code requirement. The Shady
Oak Trail construction will impact a net loss of 5 surface parking stalls on
site. The property owner is seeking alternative locations to replace these 5
stalls but has not made a final determination for their locations. The
property owner has requested that the City amend the approvals for the site
to reflect that the site may be allowed 5 less surface parking stalls than are
depicted on its 1985 approved plan.
The waiver to the parking requirement allows the site to remain in conformance
with City approvals considering the results of the impacts from the expanded Shady
Oak Trail project.
The Planning Commission voted 6-0 to recommend approval of the project at the
January 26, 2015, meeting.
MOTION: Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers and Zoning District
Amendment within the RM 2.5 Zoning District on 13.5 acres; and
• Direct Staff to prepare an amendment to the Development
Agreement incorporating Staff and Commission recommendations
and Council conditions.
X. PAYMENT OF CLAIMS
ANNOTATED AGENDA
February 17, 2015
Page 4
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 THE COMMUNITY DEVELOPMENT DIRECTOR
1. Resolution Supporting Participation in the Open to Business Program
Synopsis: Open to Business is a technical assistance program for small
businesses provided through the Metropolitan Consortium of Community
Developers (MCCD), a 45 member association committed to increasing
opportunities for small business and entrepreneurs. The range of services
provided include business plan development, marketing and feasibility
studies, cash flow and financing projections, loan request preparation, and
advocacy with lending institutions.
The fee for one year of service remains at $10,000, with Hennepin County
covering half and the City the other half. This is the fourth year the City has
participated in the program.
MOTION: Move to adopt the resolution supporting the City’s
participation in the Open to Business program and committing to
funding one half of the cost or $5,000.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 3, 2015 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop - Heritage Room II
Council Member Butcher Wickstrom joined the meeting at 6:10 p.m.
I. EMERGENCY OPERATIONS PLAN
Chief Esbensen gave an update on the City’s emergency operations plan. He said the
objectives of the emergency operations plan are to:
• Ensure public health readiness and response to disasters
• Protect the environment during disasters
• Ensure effective and timely emergency warning and alerts
• Provide decision-support and situational awareness to emergency responders and key
leaders
• Ensure continuity of government during emergencies
• Cultivate individual, family and business readiness
• Assist in rapid and effective disaster recovery
• Enhance the effective mobility of emergency responders
• Develop plans for public disaster mobility
Esbensen noted that City staff and the City Council received training on the National Incident
Management System (NIMS) about 10 years ago. A comprehensive continuity of operation
plan (COOP) was developed five years ago in response to a possible influenza pandemic.
Esbensen said the City’s Emergency Management Plan was updated this January. The plan is
derivative of the county’s plan so consistent assistance can be rendered across communities.
The plan is divided into 12 annexes or division:
• Warning and notification
ITEM NO.: VI.A.
City Council Workshop Minutes
February 3, 2015
Page 2
• Direction and control
• Emergency public information
• Search and rescue
• Health/medical
• Security/evacuation/traffic control
• Fire protection
• Damage assessment
• Congregate care
• Debris clearance
• Utility restoration
• Radiological/haz mat
Esbensen said Eden Prairie has a number of advantages in the area of emergency
management, including
• Dedicated 911 Center that allows for flexibility and dedicated services
• A box alarm system, initiated by Eden Prairie, that provides a mechanism to
automatically dispatch the closest/fastest emergency services
• Hennepin County mutual assistance including EMS and public health services
• Collaborative relationships among City departments (fire, police, public works, parks and
finance) and with neighboring communities
Esbensen noted that Eden Prairie’s Community Emergency Response Team (CERT), the
largest in the state, plays an important role in emergency planning and assistance. Specialty
sub-groups focusing on communications and home safety audits have been formed, and a
cultural services unit is being formed this year in partnership with Hennepin County and the
Medical Resource Corps.
Esbensen said the updated Emergency Management Plan will be forwarded to City Council
Members shortly.
Open Podium - Council Chamber
II. OPEN PODIUM
A. BLOSSOM ROAD PROPERTY – TOM SNYDER
Snyder said he lives in a townhome subdivision that backs up to a property on
Blossom Lane that contains an abandoned home. He said the home is in disrepair,
attracts trespassers and poses a public hazard. He said the townhome association
had hoped that the Blossom Lane property would be acquired by the developer
that is building 12 new homes on an adjacent parcel, but the two parties were
unable to come to an agreement on price. Snyder asked for a timeline and details
City Council Workshop Minutes
February 3, 2015
Page 3
on how the City plans to deal with the property. Building Official Kevin Schmieg
said City staff met with the townhome association in the fall and his
understanding was that staff agreed to issue orders for remediation of exterior
maintenance code violations in the spring when the work can be completed. He
said the property owner will be required to repair the roof, replace windows and
paint the exterior or remove the building. The City will offer to remove the
building and assess the cost to the owner.
III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 3, 2015 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad
Aho, Sherry Butcher Wickstrom, Ron Case, and
Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director
Robert Ellis, Community Development Director
Janet Jeremiah, Parks and Recreation Director Jay
Lotthammer, City Attorney Ric Rosow, and Council
Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
Mayor Tyra-Lukens 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. EDEN PRAIRIE FTC ROBOTICS TEAM
Tyra-Lukens welcomed members of the FIRST Tech Challenge (FTC) robotics
team at the Eden Prairie Middle School. Representatives of the team presented a
video they had produced, reviewed the FTC program, and provided a
demonstration of the robot they had assembled.
B. CERT-CSU PROGRAM
Assistant Chief Rik Berkbigler gave an overview of the Eden Prairie CERT-CSU
initiative. The program is funded by Hennepin County and trains community
members to support community disaster recovery and outreach/prevention
activities with culturally specific languages and cultural insight. He noted recruits
for the CERT-CSU program will undergo a six-week training program.
Tyra-Lukens asked if funding is available to sustain the program or just to get the
program started. Assistant Chief Berkbigler said it is funded by the Medical
Resource group in Hennepin County.
ITEM NO.: VI.B.
CITY COUNCIL MINUTES
February 3, 2015
Page 2
Nelson asked if there are age limits for the program. Assistant Chief Berkbigler
said many of the members of CERT are retired, but there is no upper age limit.
Case asked about the attrition rate and if the trained members could join another
community's CERT team. Assistant Chief Berkbigler said they run a class about
once a year and the costs are minimal. Several nearby cities have a CERT
program so they could join those programs.
Aho asked if the upcoming training is only for CSU. Assistant Chief Berkbigler
said the training is basically for the CSU people, but there are five-six people
interested in CERT who are going through at the same time.
C. PUTNAM OSTENSON LAND DONATION (Resolution No. 2015-27)
Lotthammer said Mr. Putnam and Mr. Ostenson, long-time developers in the City,
have offered to gift Outlot D, Westover Woods, to Eden Prairie. The outlot is
located adjacent to the trail crossing under Anderson Lakes Parkway where
Purgatory Creek flows under the road. The addition of the outlot would expand
the width and buffer of the trail corridor.
MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution
2015-27 accepting the gift to the City of Outlot D, Westover Woods, Hennepin
County, Minnesota from James L. Ostenson, Patrice E. Ostenson, Richard A.
Putnam and Janet L. Putnam. Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Item XIV.A.1.
MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion
carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 20, 2015
MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes
of the Council workshop held Tuesday, January 20, 2015, as published. Motion
carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 20, 2015
MOTION: Case moved, seconded by Aho, to approve the minutes of the City
Council meeting held Tuesday, January 20, 2015, as published. Motion carried 5-
0.
CITY COUNCIL MINUTES
February 3, 2015
Page 3
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE PURCHASE OF 2015 78’ QUINT LADDER TRUCK FROM E-
ONE
C. AWARD CONTRACT FOR TENNIS AND BASKETBALL COURT
RECONSTRUCTION AT FRANLO PARK TO MINNESOTA ROADWAYS
COMPANY
D. APPROVE SUBORDINATE FUNDING AGREEMENT 01 FOR TOWN
CENTER NORTH-SOUTH ROAD WITH METROPOLITAN COUNCIL
FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
E. APPROVE SUBORDINATE FUNDING AGREEMENT 02 FOR GOLDEN
TRIANGLE TRAIL WITH METROPOLITAN COUNCIL FOR THE
SOUTHWEST LIGHT RAIL TRANSIT PROJECT
F. APPROVE SUBORDINATE FUNDING AGREEMENT 03 FOR
SOUTHWEST STATION TRAIL WITH METROPOLITAN COUNCIL
FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
G. APPROVE SUBORDINATE FUNDING AGREEMENT 04 FOR THE
TECHNOLOGY DRIVE EXTENSION WITH METROPOLITAN
COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
H. APPROVE SUBORDINATE FUNDING AGREEMENT 05 FOR
LOCALLY REQUESTED CAPITAL IMPROVEMENT
ENVIRONMENTAL DOCUMENTATION WITH METROPOLITAN
COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
I. APPROVE RELEASES OF AGREEMENTS REGARDING SPECIAL
ASSESSMENTS NO. 02-08 AND NO. 02-09
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-I
of the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of
claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher
Wickstrom, Case, Nelson, and Tyra-Lukens voting “aye.”
CITY COUNCIL MINUTES
February 3, 2015
Page 4
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 5 RELATING TO REGULATION OF PEDDLERS,
SOLICITERS AND TRANSIENT MERCHANTS
Getschow said the regulation of peddlers, solicitors and transient merchants is
problematic as it must balance the protection of residents with the Constitutional
protections of speech, expression and religion. The City Attorney recommended
updating the City’s Code section addressing these activities to ensure compliance
with the current laws.
Rosow said the ordinance is an attempt to bring the code provisions into compliance
with more recent court rulings that deal with protection of speech and expression
and religion. It deals specifically with the process to apply for a permit and specifies
in more detail the grounds for denial. It provides a more defined process of
approving a request for a permit and provides for a public hearing for granting a
permit. He said the intent of the ordinance is the same: To regulate the activities of
those who go door to door and make sure they are properly registered in the City.
Aho noted that one section states the person is not allowed to shout or have
amplification of sound and asked if that would prohibit an ice cream truck from
going through a neighborhood. Rosow replied that regulation has been in the
ordinance prior to this amendment. The code deals with door-to-door activities, and
enforcement of the code is based on a complaint being made.
Tyra-Lukens asked how this would affect groups such as Girl Scouts selling
cookies or groups selling Christmas wreaths. Rosow said such groups would be
exempt. Tyra-Lukens asked if there is a stipulation regarding children from Eden
Prairie only. Rosow said there is no such stipulation.
Nelson asked how this would affect a neighbor going around with a petition or a
politician campaigning. Rosow replied those are not commercial activities and
would not fall under this ordinance. Nelson asked if all children's activities can
continue. Rosow said those are exempt from the ordinance.
Case asked if there is a stipulation regarding different types of amplification. Rosow
said it is difficult to distinguish between a bell being rung by an ice cream peddler
and one being rung by someone selling other items. He suggested staff could
discuss this with the Police Department between first and second readings to see if
there is some way to limit it.
Aho said he was concerned about some of the more objective language, such as that
in Subd. 8, Restrictions. He asked who would make the determination of what is
reasonable. Rosow replied they tried to make the regulation as objective as possible
with the overlay of trying to protect our residents from noisy behavior. He said
CITY COUNCIL MINUTES
February 3, 2015
Page 5
there was a lot of discussion about what is a reasonable person. He noted the court
applies the reasonable person standard on a regular basis to judge if conduct is
offensive, so it is a recognized legal standard. The court would apply what is
acceptable within the community. Aho asked if the reasonable person criteria would
be applied by the person on the scene at the time. Rosow said charging someone in
violation of the ordinance would most likely be done by means of a police report
taken at the scene which would include witness testimony.
MOTION: Case moved, seconded by Butcher Wickstrom, to approve the first
reading of an ordinance amending City Code Chapter 5 by amending Section 5.37
relating to the regulation of peddlers, solicitors and transient merchants. Motion
carried 5-0.
B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 9 BY ADDING SECTION 9.17 RELATING TO POINT OF SALE
INSPECTIONS
Getschow said both Items B and C are related to creating a Point of Sale inspection
program in the City. There have been discussions related to a Point of Sale, or Truth
in Housing, inspection program for quite a while. It was budgeted for in the current
year's budget. Prior to implementing the program, we need to amend ordinances to
create the program and regulate the independent evaluators.
Kevin Schmieg, Building Official, said the purpose of putting the code in place is to
stop problems before they reach a point where properties are substandard, such as
the property discussed at tonight's Open Podium. He reviewed the progression of
codes that are in place for properties in the City. Through aging and without proper
maintenance, properties disintegrate and become substandard. This code
amendment will set minimum standards for the community, not just for a
neighborhood. He said the average age of a single family home in Eden Prairie is 30
years. The majority of homes are over 25 years of age--the age at which we begin to
see significant problems.
Schmieg said the Point of Sale Compliance Report will be required for any dwelling
unit listed for sale. The report can be completed by the City or by independent
inspectors. The cost for inspection by a City employee will be $185, and there will
be a $30 filing fee. The program is expected to be revenue neutral. He reviewed the
list of items that would be inspected, the process for correcting the deficiencies, and
the appeal process.
Tyra-Lukens noted we have been talking about this for a lot of years. She asked
about the effect of the ordinance on those who buy houses for rehab purposes who
would be given 180 days to make the necessary corrections but would also have the
appeal process to extend the time beyond 180 days. Schmieg replied if there is
progress on correcting the deficiencies, there would be no reason not to allow the
extra time. Tyra-Lukens asked if the code covers multi-family dwellings, such as
condos. Schmieg replied it does. Tyra-Lukens asked if the items required would be
CITY COUNCIL MINUTES
February 3, 2015
Page 6
items over which the condo owner would have control. Schmieg said that varies by
the by-laws of each association and often the exterior maintenance is not the
owner's responsibility.
Tyra-Lukens noted we are trying to align our rental housing guidelines with owner-
occupied homes and asked if our regulations are any more restrictive than any of
the other 12 cities that have Point of Sale programs. Schmieg said there are many
different formats, and some cities' programs are far more detailed. This code will
give Eden Prairie a tool for dealing with distressed properties.
Aho asked about the timing if someone wanted to put their property up for sale and
got an inspection that found deficiencies but who wanted to defer making the
changes. Schmieg said the realtors wanted the deficiencies to be identified prior to a
listing so that everybody has knowledge of the deficiencies. The owner would need
to have a copy of the report displayed for prospective buyers. Aho commented most
banks require an inspection of a property so most people will do their own private
inspection. He was concerned about a duplication of effort. He would also not want
people to rely on this inspection rather than a full home survey. He asked what the
liability to the City would be if issues were found after the buyer purchased a home
that had been inspected by us. Schmieg said there will be an exclusion statement as
part of the report. They never discourage anyone from having another inspection to
address things we don't inspect. We are looking at this for the long term and want to
establish a minimum standard for the community. Aho was concerned we could be
pushing people out of Eden Prairie with some of these regulations. He has been
hearing a lot of concern from realtors the last couple of days and thought it would
be good to re-engage with the realtors and get more input.
Rosow said this program is very similar to other regulatory processes we have
where we do inspections. There is no greater liability for this than any of the other
inspections we do. The laws are protective of the City in these circumstances. The
obligation undertaken is for protection for the public and not for the buyer, so there
is no duty owed to the buyer.
Aho asked if we would have to hire more people to do the inspections and what the
expected timing would be to complete a home inspection. Schmieg said they would
add one full time inspector, which is already included in the budget. We also allow
independent evaluations so there are options to use other inspectors. The
independent evaluators would need to provide us with a copy of the compliance
report and pay the $30 fee.
Nelson asked about the extent of damage necessary before a roof would be listed on
the report. Schmieg said there would need to be a lot of hail damage or curling or
missing shingles. Nelson asked how we would treat deficiencies that would result
from water damage in a one-time rain event. Schmieg said those items would be
disclosed at the time of the listing. Nelson asked if it would be written up if they
fixed the problem. Schmieg replied it would not be a defect if it had been repaired.
Nelson asked if the deficiencies found on the initial report can be fixed before the
CITY COUNCIL MINUTES
February 3, 2015
Page 7
property goes on the market so they could get a new report. Schmieg said the goal is
to get a clean report. Rosow noted those types of issues are matters covered by the
truth in housing disclosure statement mandated by State law, and that is a separate
process.
Nelson asked about the exemption for sales by the sheriff. Schmieg said those are
typically purchased by the banks. The banks would have to display the report when
they sell the property. Rosow said another party can come in and bid against the
bank for those properties; however, they would have to pay off the bank for the
default and back payments.
Tyra-Lukens asked if there would be another fee for the re-inspection report.
Schmieg said there would not.
Aho said Subd. 7.C. states that all the deficiencies in the report must be repaired
and re-inspected prior to the building being offered for sale. He asked how they
would get to the point where they don't have to have things done. Rosow said that
language should probably be corrected to say the deficiencies must be corrected
before the sale is consummated. A professional closer would know which
communities have these regulations in effect and would require a re-inspection
report to be submitted at the closing.
MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the first
reading of an ordinance amending City Code Chapter 9 by adding Section 9.17
relating to Point of Sale inspections, with the correction to Subd. 7.C suggested by
City Attorney Rosow.
Case asked about how the real estate community was included in developing the
code. Schmieg noted about five years ago staff met with several real estate groups
in the City, and they gave a list of concerns they had about a Point of Sale
program. He thought their concerns would be the same today.
Aho believed there is a feeling of being caught off guard. He would like to
encourage staff to again reach out to groups such as the Minneapolis Area
Association of Realtors before second reading.
Case agreed that was a good idea, but he noted we have been having this
conversation for five years in public meetings that anyone can attend. He believed
this is a needed program for the City in the long term.
VOTE ON THE MOTION: Motion carried 5-0.
Tyra-Lukens said those who have concerns can contact Mr. Schmieg or the
Council Members regarding certain points before second reading of the
ordinance.
CITY COUNCIL MINUTES
February 3, 2015
Page 8
C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 5 BY ADDING SECTION 5.76 RELATING TO THE
REGULATION OF INDEPENDENT EVALUATORS
Getschow said Item B. would require that we have licensing for independent
evaluators. He said staff will confer on the timing and rollout of the program and will
use the time before second reading to receive feedback. He said there is no immediate
time constraint so there is time to reconnect with the realtor community.
MOTION: Butcher Wickstrom moved, seconded by Case, to approve the first
reading of an ordinance amending City Code Chapter 5 by adding Section 5.76
relating to the regulation of Independent Evaluators. Motion carried 5-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Update on the Ice Castle Event--Council Member Case
Case asked for an update on the Ice Castle event.
Lotthammer said we are about mid-way through the time for the Ice Castle
event. We have a one-year agreement with them and a $5,000 damage
deposit. Staff wants to get through the spring melt to see how much repair
will be needed. He said the event was intended to open on December 26, but
they weren't able to open then because the weather was too warm. The
structure was completed shortly after that when the weather turned colder.
The Ice Castle attracted a very large number of people on Martin Luther
King weekend. Staff worked with Ice Castles about interior parking and
traffic control. He said they are trying to encourage people to exit out onto
Dell Road in order to avoid the difficult left turn situation onto Eden Prairie
Road. They have been paying for police officers for traffic control outside of
the parking area. Attendance at the event is now at 58,000. He believed it
has had a positive impact on local businesses. They plan to make an
evaluation of many factors at the end of the event.
Butcher Wickstrom asked if there is a large range of ages for attendees. She
has heard how much people enjoyed it so she thought it has had a positive
impact. Lotthammer replied there has been a range of ages, including church
youth groups and school-age groups. Butcher Wickstrom asked if it
accessible to wheelchairs. Lotthammer said they have a kick sled or sleigh
that can be used to tour the structure.
CITY COUNCIL MINUTES
February 3, 2015
Page 9
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0.
Mayor Tyra-Lukens adjourned the meeting at 8:40 PM.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 17, 2015
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
2015 Renewal Licenses
Commercial Kennel
Wag ‘n Woofs, LLC
- 1 -
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Richard Rosow, City Attorney
ITEM DESCRIPTION:
Second Reading of Ordinance Amending
City Code Chapter 5 relating to Peddlers,
Solicitors and Transient Merchants
ITEM NO.: VIII.B.
Requested Action
Move to: Approve the second reading of an ordinance amending City Code Chapter 5 by amending
Section 5.37 relating to the regulation of peddlers, solicitors and transient merchants and adopt a
Resolution approving summary publication of the ordinance.
Background Information
The regulation of peddlers, solicitors and transient merchants is problematic as it must balance
the protection of residents with the Constitutional protections of speech, expression and religion.
The City Attorney recommended updating the City’s Code section addressing these activities to
ensure compliance with the current laws. Working with the Police Department the City
Attorney has drafted the attached ordinance. The Council approved the first reading of the
ordinance on February 3, 2015.
Attachments
• Ordinance A
• Summary of Ordinance
• Resolution Approving Summary
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5 BY AMENDING SECTION 5.37 RELATING TO
PEDDLERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 5 is amended by deleting Section 5.37 in its entirety and replacing
it with the following:
SECTION 5.37. PEDDLERS.
Subd. 1. Purpose. This Section is not intended to interfere with the legitimate business activities
of peddlers, solicitors, and transient merchants as the same are defined herein, whether same be
local or interstate. These provisions are intended only to, as nearly as possible, ferret out all
illegitimate or confidence operators and to regulate and control all those who, in person, would
use their unique presence on property within the City of Eden Prairie, or their unique proximity
to its residents, for purposes of harassment, nuisance, theft, or other unlawful activities.
Subd. 2. Definitions. When used in this Section, the following terms have the following
meanings:
A. “Chief of Police” means the Chief of Police pursuant to City Code Section 2.30, Subd. 3
and/or the Chief of Police’s designee.
B. “City Clerk” means the City Clerk appointed by the City Manager pursuant to City Code
Section 2.30, Subd. 1 F and/or the City Clerk’s designee.
C. “City Manager” means the City Manager appointed by the City Council pursuant to City
Code Section 2.30, Subd. 1, and/or the City Manager’s designee.
D. “Non-Commercial Door-to-Door Advocate” means any person who goes door-to-door
for the primary purpose of disseminating religious, political, social, or other ideological
beliefs. For purposes of this Section, the term non-commercial door-to-door advocate
shall include door-to-door canvassing, pamphleteering intended for non-commercial
purposes, and seeking donations for which no product or service is given in return.
E. "Peddler" means any person, whether a resident of the City of Eden Prairie or not, who
goes from house to house, from place to place, or from street to street, conveying or
transporting goods, wares or merchandise or offering or exposing the same for sale, or
making sales where payment is received immediately for future delivery to purchasers.
F. “Permit Activities” means all activities requiring a permit pursuant to this Section.
G. “Person” means a Person as defined in City Code Section 1.02, Subd. 5.
H. "Solicitor" means any person, whether a resident of the City of Eden Prairie or not, who
goes from house to house, from place to place, or from street to street with the intention
of taking orders or scheduling future visits for taking orders for services or goods for
future delivery and payment.
I. "Transient merchant" includes any person, firm or corporation, whether as owner, agent,
consignee, or employee, whether a resident of the City of Eden Prairie or not, who
engages in a temporary business of selling and delivering goods, wares and merchandise
within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies
any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in
hotels, lodging houses, apartments, shops, or any street, alley or other place within the
City, for the exhibition and sale of such goods, wares and merchandise, either privately or
at public auction, provided however that such definition does not include any person,
firm or corporation who sells such goods, wares, or merchandise from within the confines
of a lawfully established and operating permanent retail sales operation.
Subd. 3. Permit Required. It is unlawful for any peddler, solicitor, or transient merchant to
engage in permit activities within the City of Eden Prairie without first obtaining a permit
therefor in compliance with the provisions of this Section. Each peddler, solicitor, or transient
merchant engaged in permit activities, whether independently or on behalf of another, must have
a separate permit.
Subd. 4. Exemptions.
A. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this
Section do not apply to the following: (i) the acts of persons selling personal property at
wholesale to dealers in such articles, nor the delivery of newspapers, nor to the acts of
merchants or their employees in delivering goods in the regular course of business, nor to
the sale of farm or garden products by the person producing the same at the location
where such products are produced, which production shall be proven by the vendor, nor;
(ii) persons employed at a bakery, dairy or grocery making an uninvited initiatory visit in
an effort to establish regular route service for future delivery of perishables.
B. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this
Section do not apply to non-commercial door-to-door advocates. This exemption will not
apply if the person’s exercise of constitutional rights is merely incidental to what would
properly be considered a commercial activity.
C. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this
Section do not apply to peddlers or solicitors who are 17 years of age or younger, who are
engaged in permit activities on behalf of a public school or private school, philanthropic
organization, or community organization, which private school, philanthropic
organization or community organization or its parent organization is on file with the
Minnesota Secretary of State as a Minnesota domestic or a foreign business organization
or has filed an assumed name, where the proceeds of the sales are mainly devoted to the
benefit of the children engaged in the permit activities.
D. Nothing contained in this Section prohibits any sale required by statute or by order of any
court, or prevents any person conducting a bona fide auction sale pursuant to law.
Subd. 5. Application and Fee.
A. Applicants for a peddler, solicitor, or transient merchant permit under this Section shall
file with the City Clerk a sworn application in writing on a form to be furnished by the
City Clerk.
B. At the time of filing an application for a peddler, solicitor, or transient merchant permit, a
fee shall be paid to the City Clerk to cover the cost of administering the permit and
investigation of the facts stated therein. The fee shall be as set forth in the City fee
schedule and may be amended from time to time. No fees are required of individuals
taking orders for the shipment of goods through interstate commerce.
Subd. 6. Investigation and Issuance.
A. Upon receipt of each peddler, solicitor or transient merchant application, it shall be
referred to the Chief of Police who shall institute such investigation of the applicant's
business and moral character as s/he deems necessary including, but not limited to, a
criminal history and wanted persons check with the Bureau of Criminal Apprehension for
the protection of the public good, and shall endorse the application in the manner
prescribed in this Section within a reasonable period of time.
B. If, as a result of such investigation, the business and moral character of the applicant are
found to be satisfactory, the Chief of Police shall endorse on the application his/her
approval and return the application to the City Clerk, who shall issue the permit to the
applicant. Such permit shall contain the information and be in the form required by the
City.
C. If, as a result of such investigation, the applicant's business or moral character are found
to be unsatisfactory, the Chief of Police shall endorse on such application his/her
disapproval and his/her reasons for the same, and return the application to the City Clerk,
who shall notify the applicant that his/her application is denied and that no permit will be
issued. Any applicant's business or moral character may be found to be unsatisfactory for
reasons including, but not solely limited to:
1. Fraud, misrepresentation or incorrect statement contained in the application for permit.
2. The failure of an applicant to fully complete or to sign the permit application.
3. The failure of an applicant to pay the required fee at the time of application.
4. A conviction or adjudication within five (5) years of the date of application for any
violation of any federal or state statute or regulation, or of any local ordinance, which
adversely reflects upon the person’s ability to conduct the business for which the
permit is being sought in a legal manner. Such violations shall include, but are not
limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and
any form of actual or threatened physical harm against another person.
5. The revocation, within the past five (5) years, of any license or permit issued to an
applicant for the purpose of conducting business as a peddler, solicitor, or transient
merchant.
6. The denial, within the last year, of any license or permit application for the purpose of
conducting business as a peddler, solicitor, or transient merchant.
7. When an applicant has a bad business reputation, evidence of which shall include, but
is not limited to, the existence of more than three (3) substantiated complaints against
an applicant with the Better Business Bureau, the Office of the Minnesota Attorney
General or another state’s regulatory office or department (such as another state’s
attorney general’s office), or other business or consumer rights office or agency,
within the preceding twelve (12) months, or three (3) substantiated complaints filed
with the city or another city, town, or other political subdivision against an applicant
within the preceding five (5) years.
8. Failure to follow all Federal, State and Local regulations, including failure to be
registered, licensed or permitted if such registration, license or permit is required by
any Federal, State or Local regulation.
D. Any permit holder aggrieved by the denial of a permit may appeal to the City Manager.
Such appeal shall be taken by filing with the City Clerk within ten (10) days after the
denial of a permit, a written statement requesting a hearing before the City Manager and
setting forth fully the grounds for the appeal. A hearing shall be held within fifteen (15)
days of receipt of the request. Notice of the hearing shall be given by the City Clerk in
writing, setting forth the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the permit holder at his/her last known address at least five (5) days prior to
the date set for hearing, or shall be delivered by a police officer in the same manner as a
summons at least three (3) days prior to the date set for hearing.
Subd. 7. General Permit Provisions.
A. Each person engaged in permit activities must be permitted as provided herein and may
not be accompanied by a person who is not permitted while engaging in such activities.
No permit may be transferred between persons or businesses.
B. Each person engaged in permit activities must carry the City issued permit on his or her
person and must display the permit between the waist and the neck on the front of his or
her outer garment while engaged in permit activities.
C. All permits shall expire on December 31 in the year the permit is issued.
D. The permit issued by the City is the property of the City and must be returned to the City
within seven (7) days of its expiration.
E. Each person engaged in permit activities must provide a sales slip, receipt, or other
documentation to any person to whom they make a sale, or from whom they take an order
or receive funds. The sales slip, receipt, or documentation must include the name of the
person engaged in permit activities, his or her affiliated organization, the organization’s
address and phone number, and a description of the transaction.
Subd. 8. Restrictions. No peddler, solicitor, transient merchant, non-commercial door-to-door
advocate, any person acting on his or her behalf, or other person engaged in similar activities
shall, while engaged in such activities:
A. Shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of
the streets, alleys, parks or other public places of the City or upon private property where
sound of sufficient volume is emitted or produced therefrom to be capable of being
plainly heard upon the streets, avenues, alleys, parks, or other public places.
B. Enter in or upon the property of another or attempt to enter in or upon the property of
another if a placard or sign has been posted excluding peddlers and solicitors. The
printed placard or sign must bear the notice: "Peddlers and Solicitors Prohibited". Such
placard shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing thereon
shall not be smaller than 48-point type. No person other than the person occupying such
property shall remove, injure or deface such placard or sign.
C. Enter in or upon the property of another or attempt to enter in or upon the property of
another before 9:00 a.m. or after 7:00 p.m. local time year-round
D. Obstruct the free flow of traffic, either vehicular or pedestrian in any public right of way.
E. Make false or misleading statements about the activities or the products or services being
sold.
F. State or imply that the City, by issuance of a permit, has endorsed his/her activities or
products.
G. Operate in a manner a reasonable person would find harassing, intimidating, abusive or
threatening.
H. Operate in a manner a reasonable person would find offensive, obscene, or abusive, push
open a door not opened by an occupant, place any portion of the person’s body through
an opened doorway without the invitation of an occupant, or physically attempt to stop an
occupant from closing a door.
I. Enter onto the property of another through any side or rear yard or attempt to make
contact with a person at any point other than the main point of entrance of the building or
property being approached.
J. Remain on the property of another after instructed to leave.
K. Act in a manner that threatens the health, safety, or welfare of any person or the general
public.
L. Conduct permit activities in any city park without prior written authorization from the
City Manager.
Subd. 9. Revocation of Permit.
A. Permits issued under the provisions of this Section may be revoked after notice and a
hearing conducted by the City Manager, for any of the following causes: violation of this
Section; violation of federal, state, or local law rule or regulation relating to peddlers,
solicitors, or transient merchants; or any action identified in Subd. 6 C.
B. The Chief of Police may recommend revocation of a permit to the City Manager. Notice
of the hearing for revocation of a permit shall be given by the City Clerk in writing,
setting forth specifically the grounds of complaint and the time and place of hearing.
Such notice shall be mailed, postage prepaid, to the permit holder at his/her last known
address at least five (5) days prior to the date set for hearing, or shall be delivered by a
police officer in the same manner as a summons at least three (3) days prior to the date
set for hearing.
Subd. 10. Appeal. The decision of the City Manager following a public hearing as provided for
in this Section can be appealed by petitioning the Minnesota Court of Appeals for a writ of
certiorari.
Subd. 11. Emergency. If, in the discretion of the City Manager, imminent harm to the health or
safety of the public may occur because of the actions of any person permitted under this Section,
the City Manager may immediately suspend the person’s permit and in such event shall provide
notice to the person of the right to a post-suspension hearing pursuant to the procedures in Subd.
9.
Subd. 12. Severability. If any provision of this Section is found to be invalid for any reason by
a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
Subd. 13. Penalty.
A. Failure to perform, meet or comply with any condition or obligation imposed upon a
permit holder by the City Code shall constitute a sufficient ground to withhold issuance,
suspend, or revoke the permit.
B. A person who commits or attempts to commit, conspires to commit or aids or abets in the
commission of an act constituting a violation of this Section, whether individually or in
connection with one or more other persons or as principal, agent, or accessory is guilty of
a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes,
coerces, permits or directs another to violate a provision of Section is guilty of a
misdemeanor.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
______ day of ____________________, 2015 and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the _____ day of
________________, 2015.
____________________________ ______________________________
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on____________________________.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-__
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. __-2015 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. __-2015 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 20th day of January, 2015.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. __-2015 is lengthy.
B. The text of summary of Ordinance No. __-2015, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance __-2015 shall be recorded in the Ordinance Book, along with proof of
publication, within twenty (20) days after said publication.
ADOPTED by the City Council on February 17, 2015.
___________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
________________________
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5 BY AMENDING SECTION 5.37 RELATING TO
PEDDLERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
The following is only a summary of Ordinance No. __-2015. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance amends City Code Section 5.37 relating to the regulation of
peddlers, solicitors and transient merchants. The Ordinance incorporates, by reference, City Code
Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
___________________________________ ___________________________________
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on_________________________.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE CHAPTER 5 BY AMENDING SECTION 5.37 RELATING TO PEDDLERS; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
The following is only a summary of Ordinance No. __-2015. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance amends City Code Section 5.37 relating to the regulation of peddlers,
solicitors and transient merchants. The Ordinance incorporates, by reference, City Code Chapter 1
and City Code Section 5.99, which contain provisions relating to penalties.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
___________________________________ ___________________________________
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on_________________________.
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Construction Contract with Keys
Well Drilling Company to Service and
Upgrade Municipal Wells No. 11 and 13
ITEM NO.: VIII.C.
Requested Action
Move to: Approve contract with Keys Well Drilling Company to service pump equipment in Wells
No. 11 and No. 13 and install new flow meter pumping system components.
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from three competent regional well drillers
for the rehabilitation work at Municipal Well No. 11 and No. 13. The least-cost proposal was offered by
Keys Well Drilling Company. Staff recommends acceptance of the proposal and establishing a project
budget in the amount of $74,623.50 (which includes a 15% contingency) to be paid from the water utility
fund.
Background Information
City Well 11 was installed in 1991, and City Well 13 was installed in 1998. Each well has been operated
since installation using a 100 HP motor. Both wells and their associated pumping equipment are currently
capable of generating the desired yield (1400 gpm) during periods of peak demand. Each well is
scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or
motor. The existing flow meters will be replaced with a magnetic flow meter. Electrical upgrades to the
well houses are planned at a later date, including installation of a new VFD, as part of a separate project.
To evaluate our options for improving the performance of the wells, we consulted with St. Croix
Environmental, Inc., which recommended routine maintenance activities be performed with no pump or
motor replacement. In the event the inspection identifies performance issues with the existing pump or
motor assembly, a replacement part will be ordered and installed. Since costs for pump/motor
replacement are outside the scope of the project, a 15% contingency has been added to cover equipment
replacement costs, should they be warranted.
Attachments
• Recommendation Letter
• Bid Tabulation Sheet
• Individual Quotes
January 30, 2015
Joe Dusek
Water Treatment Supervisor
City of Eden Prairie – Water Utility
14100 Technology Drive
Eden Prairie, MN 55344-2230
Subject: Contractor Recommendation – Keys Well Drilling Company
Rehabilitation of Municipal Water Wells 11 and 13
Dear Mr. Dusek:
Attached please find the bid tabulation from three independent quotations sought by St. Croix
Environmental, Inc. (SCE) on behalf of the City of Eden Prairie (City). The quotations are for providing
well rehabilitation services at City Wells 11 and 13.
A total of three pre-qualified drilling firms were invited to provide quotations for the project. Firms were
selected based upon their ability to perform the requested scope of services, as well as recent experience
in performing related work for the City. Each drilling firm was provided the recent pump and motor
equipment settings, and was allowed the opportunity to visit the well, inspect existing equipment and
evaluate site access constraints. Each of the firms responded, although only two provided quotes for the
scope of work.
The individual cost quotations are summarized on the attached bid tabulation form. Individual proposals
are also included in the attachment.
Based upon the results of the proposal process, SCE recommends the City retain the services of Keys
Well Drilling Company (Keys) for completion of the project. We recommend establishing a funding level
for this portion of the project of $74,623.50, established from the baseline cost estimate provided by Keys
in the amount of $64,890.00, adding a reasonable contingency of 15% to cover potential unknown
equipment/parts replacement and associated labor.
Upon receiving the City’s authorization to proceed, we’ll schedule the well for the recommended repairs
and return each well to service at the earliest opportunity.
Please let us know if you have any questions, or require additional supporting information.
Sincerely,
St. Croix Environmental, Inc.
Kevin Miller, PG
Principal Consultant
Attachments
Water Resource Consulting and Project Management
TABULATION
REQUEST FOR QUOTATION
WELL REHABILITATION - CITY WELLS 11 AND 13
CITY OF EDEN PRAIRIE, MINNESOTA
RFQ DATED: JANUARY 23, 2015
QUOTES REVIEWED: JANUARY 30, 2015
BIDDER NAME TOTAL
QUOTATION
E.H.RENNER WELL COMPANY $89,098.00
KEYS WELL DRILLING $64,890.00
BERGERSON-CASWELL, INC. DID NOT QUOTE
LOWEST QUOTE $64,890.00
CONTINGENCY @ 15% $ 9,733.50
ESTIMATED TOTAL COST $74,623.50
NOTE – CONTINGENCY INTENDED TO COVER COST FOR PUMP REPLACEMENT; MOTOR
REPAIRS; AND OTHER MISCELLANEOUS ITEMS THAT MAY BE WARRANTED
FOLLOWING VIDEO WELL INSPECTION.
Keys We 11 Drilling 'Company
'Water Producers since .1890"
1/30/2015
Kevin Miller
St. Croix Environmental
1094 Golden Oaks Drive
Hudson, WI 54016
Re: Eden Prairie — RFQ for Well Rehab
Keys Well Drilling Co. understands and accepts the scope of work and conditions put forth by St.
Croix Environmental on behalf of the City of Eden Prairie for the 2014 Well Rehabilitation Project. We
acknowledge and have reviewed the city of Eden Prairie's General Conditions and the proposed work
schedule. Included you will find two cost schedules, one for well #11 and one for well # 13. We cannot
propose any alternatives at this time as we will not know the extent of repairs needed until the pump
components have been removed and inspected. At that time, we will provide a recommendation for
the repairs to return each system their normal operating ranges, including repairs not included in the
cost schedule provided. Below is a list of labor & material costs for items not covered under the cost
schedule provided.
Pump Rig (2 guys) -$210 per hr
Well Development -$250 per hr
Motor Repairs —Cost (including usage tax) + 10%
Materials —Cost (including usage tax) + 25%
Bowl Bearing -$180 per bearing
Wear Ring- 350 per Stage
Bowl Shaft/Head Shaft - $450 Each
Thank you for the opportunity to quote this project.
Regards,
Nick Keys
-0 5 6 Homer Street, St. Paul MN 55116-3232 Phone- (651) 646-7871 Fax- (651) 641-0216 keyswell.com
REQUEST FOR QUOTATION —JANUARY 23, 2013
WELL 11 PROJECT ESTIMATE:
CATEGORY I — Well Disassembly and Inspection (All costs are lump sum)
Category I - Task 1) Mobilize/ Demobilize
Category I - Task 2) Pre-Rehabilitation Inspection and Performance Testing
Category I - Task 3) Well Motor/Pump Removal and Inspection
Category I - Task 4) Downhole Video Inspection
Category I - Task 5) Inspection Report and Recommendations
TOTAL ESTIMATE CATEGORY I
CATEGORY II— Well Reassembly and Demonstration Testing (AU costs are lump sum)
Category -Task 6) Pump/Motor Re-Installation
Category II —Task X) New Magnetic Meter Installation
Category II - Task 7) Well & Pump Disinfection
Category II -Task 8) Post-Rehabilitation Demonstration Testing
TOTAL ESTIMATE CATEGORY II
NIL+
$ p.5 tio
$ Ut.riDcd..-
$ -355oul-
CATEGORY III - Materials and Supplies (time and materials, cturr rn.111 to-
12"x 10' T&C column section (8) @ $ ,00(cii /section $ ti 2t:/3
12"x 5' T&C column section @ (1) @ $ ss. ___. _:- ..17 /each hope
12" tail pipe (5 foot length) (1) @ $ 1-75'
Neoprene bearings (19) @ $ .. /bearing $ '1'75 4-4—
Recondition Discharge Head/Packing Gland $ tl.,cieach $ (too"—
12" Spider bearing retainer (8) @ $,ft,== /each $ ((-0ki`"---
1" PVC water level monitoring tube (200) @ $ I /foot $
Shop Labor (estimate) LIC) hours ,@ $ 8'5 /hour $ 3LIeJe --
(Includes clean & straighten line shafting, sand blast & epoxy coat the column assembly)
10' x 1.5"SS w/spider, poly, T&C shaft sections (2) @ $ 109.5 leach $ gd5 0
New Magnetic Meter (installed, per specification) (1) @ $ Iol or.,0 leach $ 16 r ove r-
TOTAL ESTIMATE CATEGORY III $ g3 1 t36 11q 5
WELL 11 TOTAL ESTIMATE (SUM OF PHASES I, II, and III)
„,,--
$ gigs
„—
-Ns 0,
EDEN PRAIRIE WELL REHAB - WELLS 11 AND 13 Page 8
t•Ilc
REQUEST FOR QUOTATION -JANUARY 23, 2013
WELL 13 PROJECT ESTIMATE:
CATEGORY I -Well Disassembly and Inspection (All costs are lump sum)
Category I - Task 1) Mobilize/ Demobilize
Category I - Task 2) Pre-Rehabilitation Inspection and Performance Testing
Category I -Task 3) Well Motor/Pump Removal and Inspection
Category I - Task 4) Downhole Video Inspection
Category I - Task 5) inspection Report and Recommendations
TOTAL ESTIMATE CATEGORY I
CATEGORY II - Well Reassembly and Demonstration Testing (All costs are lump suml
Category II -Task 6) Pump/Motor Re-Installation
Category II Task 7) Well & Pump Disinfection
Category II - Task 8) Post-Rehabilitation Demonstration Testing
TOTAL ESTIMATE CATEGORY II
$tx
$ lab.o'cr-
$ diara"r-
$ ltILrOuJ
ur--
$
CATEGORY III - Materials and Supplies (time and materials, quantities estimated)
12"x 10' T&C column section (8) @ $ 4cno, /section $
12"x 5' T&C column section @ (1) @ $ '135 /each $
12" tail pipe (10 foot length) (1) @ $ 375 /tail pipe $ 375'
Neoprene bearings (19) @ $ ,5 /bearing $ L(75 c''
Recondition Discharge Head/Packing Gland $ (Go /each $ 16(.)w-
12" Spider bearing retainer (8) @ $ „An) /each $
1" PVC PVC water level monitoring tube (200) @ $ ( /foot $ c9e5n
Shop Labor (estimate) 110 hours @ $ 5 /hour $ 3t-foo"c-
(Includes clean & straighten line shafting, sand blast & epoxy coat the column assembly)
10' x 1.5"SS w/spider, poly, T&C shaft sections (2) @ $ lo95 /each $ go.50
New Magnetic Meter (installed, per specification) (1) @ $ loptso /each $ to t cs-r.
TOTAL ESTIMATE CATEGORY III
$ ar3 /10 t°i711.1 5 eAI--
WELL 13 TOTAL ESTIMATE (SUM OF PHASES I, II, and III)
$ (7464°.-2-1 11 5
EDEN PRAIRIE WELL REHAB - WELLS 11 AND 13 Page 9
Qty Units Price Extension
1 L.S. $
1 L.S. $
1 L.S. $
• 1 L.S. $
1 L.S. $
4,500.00 $ 4,500.00
500.00 $•500.00
4,500.00 $ 4,500.00
1,500.00 $ 1,500.00
100.00 $ 100.00
$ 11,100.00
1 L.S. $
4,500.00 $
4,500.00
1 L.S. $
100.00 $
100.00
1 L.S. $
500.00 $
500.00
5,100.00
8 EA
1 EA
1 EA
19 EA
1 EA
8 EA
200 Foot
10 HRS
670.00
475.00
425.00
31.00
150.00
265.00
1.50
115.00
$ 5,360.00
475.00
425,00
589.00
150.00
$ 2,120,00
300.00
$ 1,150.00
2 EA $ 265.00 $
530.00
1 EA $ 17,250.00 $
17,250.00
28,349.00
$ 44,549.00
ESons
ifICO(TXXated
January 30, 2015
City of Eden Prairie
Kevin Miller / Joe Dusek
14100 Technology Drive
Eden Prairie, MN 55344-2230
Subject: RFQ
Re:Well *13
WELL DRILLING FOR FIVE GENERATIONS
15688 Jarvis Street NW * Elk River, Minnesota 55330
Phone (763) 427-6100 * Fax (763) 427-0533 * Toll Free (800) - 409-WELL
Description •
Category I
Mobilize / Demoblilize
Pre-Rebilitatoin Inspection and Performance Tessting
Weill Motor Removal and Inspection
Down Hole Video
Inspection Report and Recommendation
Total for Category I
Category II
Pump/Motor Reinstallation
Well & Pump Disinfection
Post - Rehabilition Demonstration Testing
Total for Category II
12" x 10' T&C Column Section
12" x 5' T&C Column Section
12" Tail Pipe 5 foo length
Neoprene Bearing
Recondition Dishcharge head/ Packing Gland
12" Spider Bearing Retainer
1" PVC Water Level Monitoring tube
Shop Labor (estimate)
(Includes cleaning/straighten line shaft)
10" x 1.5"SS w/spider, poly, T&C Shaft Sections
New Magnetic Meter Installation
Total for Category III
Total Well 11 estimate (sume of phases 1,11,111
Alternate - Well Repairs
Epoxy Coat The Pipe inside and out
Recommend only on new pipe if you going to require this
90 Foot $
20.00 $ 1,800.00
Invoices will be based on actual amount required and approved,
If you need additional information or have questions, I can be contacted at my office 763-427-6101
or my cell is 763-286-5283. Please let me know when you would like to schedule.
441 t- 7004"20---- -'3d- CS"-
Katie Renner Welle
Project Manager
E.H. Renner & Sons, Inc.
1,36-11-
E.H. Renner & Sons
Incorporated
January 30, 2015
City of Eden Prairie
Kevin Miller / Joe Dusek
14100 Technology Drive
Eden Prairie, MN 55344-2230
Subject: RFQ
Re:Well 11
WELL DRILLING FOR FIVE GENERATIONS
15688 Jarvis Street NW* Elk River, Minnesota 55330
Phone (763) 427-6100 * Fax (763) 427-0533 * Toll Free (800) 409-WELL
Description
Category I
Mobilize/ Demoblilize
Pre-Rebilitatoin Inspection and Performance Tessting
Well / Motor Removal and Inspection
Down Hole Video
Inspection Report and Recommendation
Total for Category I
Category 11
Pump/Motor Reinstallation
New Magnetic Meter Installation
Well & Pump Disinfection
Post - Rehabilition Demonstration Testing
Total for Category 11
12" x 10' T&C Column Section
12" x 5' T&C Column Section
12" Tail Pipe 5 foo length
Neoprene Bearing
Recondition Dishcharge head/ Packing Gland
12" Spider Bearing Retainer
1" PVC Water Level Monitioring tube
Shop Labor (estimate)
(Includes cleaning/straighten line shaft)
10" x 1.5"SS w/spider, poly i T&C Shaft Sections
New Magnetic Meter Installation
Total for Category III
Total Well 11 estimate (sume of phases 1,11,111
Qty Units Price Extension
1 L.S.
1 LS.
1 LS.
1 L.S.
1 LS.
$ 4,500.00
500.00
$ 4,500.00
$ 1,500.00
100.00
$ 4,500.00
500.00
$ 4,500.00
$ 1,500.00
100.00
$ 11,100.00
1 L.S. 4,500.00 $ 4,500.00
1 L.S. 250.00
250.00
1 L.S. 100.00 100.00
1 L.S. 500.00
500.00
$ 5,350.00
8 EA
670.00 $ 5,360.00
1 EA 475.00
475.00
1 EA 425.00
425.00
19 EA 31.00 589.00
1 EA 150.00
150.00
8 EA
265.00 $ 2,120.00
200 Foot
1.50
300.00
10 HRS 115.00 $ 1,150.00
2 EA 265.00 $ 530.00
1 EA 17,000.00 $ 17,000.00
$ 28,099.00
$ 44,549.00
Alternate - Well Repairs
Epoxy Coat The Pipe inside and out
90 Foot $
20.00 $ 1,800.00
Recommend only on new pipe if you going to require this
Invoices will be based on actual amount required and approved.
If you need additional information or have questions, I can be contacted at my office 763-427-6101
or my cell is 763-286-5283. Please let me know when you would like to schedule.
722,eveter-
Katie Renrier Welle
Project Manager
E.H. Renner & Sons, Inc.
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Joe Dusek
Public Works/Utilities
ITEM DESCRIPTION:
Award Contract to St. Croix Environmental
Services for Well 11 & 13 Rehabilitation work
ITEM NO.: VIII.D.
Requested Action
Move to: Award Contract to St. Croix Environmental Services for Wells 11 and 13 rehabilitation
work not to exceed $36,000.
Synopsis
The purpose of the Agreement with St. Croix Environmental is to have them provide
professional services and oversee the Wells 11 and 13 rehabilitation project. They will provide
services for the downhole work, mag meter install, and VFD replacement.
Background Information
All of the 15 wells owned and operated by the City of Eden Prairie are in a 7 year rotation to
have rehabilitation work performed, as industry standard. Well 11 & 13 are due to have work
performed in 2015. The VFD’s in both of these wells are near the end of their life expectancy
and are in need of replacement. Mag meters will also be installed to replace the current flow
meters, which also are nearing the end of the life expectancy.
Staff recommends approval of the contract with St. Croix Environmental. The contract has been
signed by St. Croix Environmental representatives and will be provided to the Mayor and City
Manager for signature.
Attachments
• Professional Services Agreement with St. Croix Environmental
• Exhibit “A” Proposal for Professional Services
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the 17 th day of February 2015, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and St. Croix Environmental a Well rehabilitation (hereinafter
"Consultant") whose business address is 1094 Golden Oaks Drive, Hudson, WI 54016.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose
of this Agreement is to set forth the terms and conditions for the provision of professional
services by Consultant for Well 11 & 13 Rehabilitation hereinafter referred to as the 'Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A in connection with the Work. The terms of this Agreement shall take
precedence over any provisions of the Consultants proposal and/or general conditions.
If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the
right to reject any general conditions in such proposal.
2. Term. The term of this Agreement shall be from February 18, 2015 through June 1,
2015 the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as
they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $36,000 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
4. City information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
A. Access to the Area, Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
D. City's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement.
He or she shall have complete authority to transmit instructions, receive
information, interpret, and define the City's policy and decisions with respect to
the services provided or materials, equipment, elements and systems pertinent to
the work covered by this Agreement.
5. Method of Payment The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant shall verify
all statements submitted for payment in compliance with Minnesota Statutes
Sections 471.38 and 471.391. For reimbursable expenses, if provided for in
Exhibit A, the Consultant shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain
the City's project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant shall be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that this account, Claim, or demand is just and correct and that no part of
It has been paid."
Standard Agreement for Professional Services 2014.04 Page 2 of 8
6. Project Manager and Staffing. The Consultant has designated Kevin Miller to serve on
the Project. They shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Consultant
may not remove or replace the designated staff from the Project without the approval of
the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and
diligence in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Hennepin County, Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law, without limitation, for
any injuries, loss, or damages proximately caused by Consultant's breach of this
standard of care. Consultant shall put forth reasonable efforts to complete its duties in a
timely manner. Consultant shall not be responsible for delays caused by factors beyond
its control or that could not be reasonably foreseen at the time of execution of this
Agreement. Consultant shall be responsible for costs, delays or damages arising from
unreasonable delays in the performance of its duties.
8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Consultant under this Agreement which the City requests
to be kept confidential, shall not be made available to any individual or organization
without the City's prior written approval. The books, records, documents and accounting
procedures and practices of the Consultant or other parties relevant to this Agreement
are subject to examination by the City and either the Legislative Auditor, or the State
Auditor for a period of six (6) years after the effective date of this Agreement. This
Agreement is subject to the Minnesota Government Data Practice Act, Minnesota
Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data
Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used,
maintained, or disseminated by Consultant in performing any of the functions of the City,
during performance of this Agreement is subject to the requirements of the Data Practice
Act and Consultant shall comply with those requirements as if it were a government
entity. All subcontracts entered into by Consultant in relation to this Agreement shall
contain similar Data Practices Act compliance language.
9. Termination. This Agreement may be terminated by either party by seven (7) days
written notice delivered to the other party at the address written above. Upon
termination under this provision, if there is no fault of the Consultant, the Consultant shall
be paid for services rendered and reimbursable expenses until the effective date of
termination. If however, the City terminates the Agreement because the Consultant has
failed to perform in accordance with this Agreement, no further payment shall be made
to the Consultant, and the City may retain another consultant to undertake or complete
the Work identified herein.
10. Subcontractor. The Consultant shall not enter into subcontracts for services .provided
. under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
Standard Agreement for Professional Services 2014,04 Page 3 of 8
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall
pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in
a civil action to collect interest penalties from the Consultant shall be awarded its costs
and disbursements, including attorney's fees, incurred in bringing the action.
11. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it
shall deem necessary and appropriate for the performance of its obligations pursuant to
this Agreement, who shall be employees, and under the direction, of Consultant and in
no respect employees of City, and (ii) shall have no authority to employ persons, or
make purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the
City.
12. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products — Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
shall cover liability arising from premises, operations, independent contractors,
Standard Agreement for Professional Services 2014.04 Page 4 of 8
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in
a business contract). There shall be no endorsement or modification of the
Commercial General Liability form arising from pollution, explosion, collapse,
underground property damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured. It shall be
Consultant's responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
Insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or
CG 20 37 04 13, or their equivalent.
g. All policies, except the Professional Liability Policy, shall apply on a "per project"
basis.
h. All polices shall contain a waiver of subrogation in favor of the City.
All policies, except for the Worker's Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
j. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement.
k. Consultant agrees to maintain all coverage required herein throughout the term of
the Agreement and for a minimum of two (2) years following City's written
acceptance of the Work.
I. It shall be Consultant's responsibility to pay any retention or deductible for the
coveraeges required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non
renewed without ten (10) days' prior notice to the City,
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to
do business in the state in Minnesota and having a current A.M. Best rating of no
less than A-, unless specifically accepted by City in writing,
Standard Agreement for Professional Services 2014,04 Page 5 of 8
o. A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to
•enforce the terms of Consultant's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
P. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (Le., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
•the negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees
that this indemnity shall be construed and applied in favor of indemnification.
Consultant also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney's fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City, will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
Standard Agreement for Professional Services 2014.04 Page 6 of 8
14. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement ("Project") does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or
the Consultant beyond the scope of the Project is without liability to the other, and the
party using the Information agrees to defend and indemnify the other from any claims or
liability resulting therefrom.
15. Non-Discrimination. During the performance of this Agreement, the Consultant shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment, The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Consultant further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et, seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost
of mediation shall be shared equally between the parties. Mediation shall be held in the
City of Eden Prairie unless another location is mutually agreed upon by the parties. The
parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
19. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
Standard Agreement for Professional Services 2014.04 Page 7 of 8
20. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
21. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAM% t• Oro i)( Er\ i V`-i(Uittt I riA C •
1N. Kvin :T
By: 0
Its: v res
Standard Agreement for Professional Services 2014.04 Page 8 of 8
St Croix -
Environmental Inc;
Errelronrnertol Managerrorl ConSIOng
EK yr A,
PROPOSAL FOR PROFESSIONAL CONSULTING SERVICES
2015 WELL REHABILITATION PROGRAM (CITY WELLS 11 AND 13)
CITY 01? EDEN PRAIRIE
January 23, 2015
Mr. Joe Dusek
Water Treatment Supervisor
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344-2230
Subject; Proposal for Professional Consulting Services
2015 Well Rehabilitation Program (City Wells 11 and 13)
City of Eden Prairie
Submitted via E-Mall
Dear Mr. Dusek,
St. Croix Environmental, Inc. (SCE) is pleased to present this proposal to the City of Eden Prairie (City) for
professional consulting services. The services offered under this proposal relate to project management,
bidding and construction phase services for implementation of the City's 2015 well rehabilitation
program.
PROJECT UNDERSTANDING
The purpose of this project is to develop and oversee implementation of well rehabilitation and
maintenance activities, as well as limited electrical upgrades, for two City water wells (Wells 11 and 13).
The existing wells are in need of routine inspection and replacement for downhole equipment. In
addition, the existing flow meters and variable frequency drives at each well installation have surpassed
their useful life, and are in need of replacement. The work will be performed in two coordinated
phases. Phase I will include well rehabilitation activities, and Phase lithe electrical equipment upgrade.
SCE SCOPE OF SERVICES
Under Phase I, the existing pump and motor assembly, including all downhole equipment, will be pulled
and inspected by a licensed water well contractor. Once the equipment has been removed, the well will
be visually inspected via a downhole cam'era. The contractor will make recommendations to the City
based on the observed condition of the removed equipment, and the results of the video well
inspection. The downhole well equipment will then be re-installed, and the well readied for service. In
addition, the contractor will replace the existing flow meter with a magnetic meter assembly. SCE will
seek quotes from not less than three qualified well drilling contractors; review and evaluate quotes;
make a contractor selection recommendation to the City; provide construction oversight and direction
services; and advise the City on replacement equipment (as necessary) prior to well reassembly. At this
St. Croix Environmental, Inc.
PROPOSAL FOR PROFESSIONAL CONSULTING SERVICES
2015 WELL REHABILITATION PROGRAM (CITY WELLS 11 AND 13)
CITY OF EDEN PRAIRIE
Page 2
time, SCE does not envision the project to require well re-development services, pump or motor
repair/replacement.
Under Phase II, the existing variable frequency drive (VFD), which monitors and controls the pumping
conditions at each well, will be replaced with a new VFD by a licensed electrical contractor. The new
VFD will be consistent with those installed during recent electrical upgrade projects at other wells,
allowing for consistent operation and an increased level of redundancy. SCE will seek quotes from not
less than three qualified electrical contractors; review and evaluate quotes; make a contractor selection
recommendation to the City; and provide construction oversight and direction services. The make and
model of the upgraded VFD will be similar to those installed during recent electrical upgrades at City
Wells 08 and 10.
CITY OF EDEN PRAIRIE RESPONSIBILITIES
In order to complete our tasks under the scope of services, SCE will need the city to provide the
following:
1. Provide a designated contact person within the water utility.
2. Provide answers to specific project questions, provide requested information, and make
decisions regarding project direction during the course of the project in a timely manner.
3. Engage the selected contractors (water well and electrical) through the city's contracting and
procurement process; and review and approve invoices in a timely manner.
4. Provide access to existing engineering design drawings and specifications concerning VFD
equipment based on recent electrical upgrades completed at other City wells,
SCHEDULE
A detailed project schedule will be provided with the Request for Quotation documents developed
under each phase of the project. SCE will attempt to have the downhole well rehabilitation services
completed, and the well placed back into operation with the existing VFD, on or before June 1, 2015.
The well will be out of service from the date of project award until June 1, 2015.
Due to the typical lead times experienced when ordering replacement VFD equipment (up to 10 weeks),
the electrical upgrade installation will follow later in the spring, with an anticipated completion date of
July 1, 2015, The well is likely to be out of service for 3-5 business days during the changeover of the VFD
equipment at each well. SCE will communicate with the City, and coordinate with the contractors, in
such a manner as to limit the period of time during which each well is out of service,
CONSULTING FEES
Based upon the scope of work outlined above, SCE proposes to perform the defined tasks for an
estimated hourly fee not to exceed $23,000 for completion of Phase I, and $13,000 for Phase II. This
estimate is based on a not-to-exceed time-and-materials estimate under the terms and conditions of the
City's Standard Agreement for Professional Services, using our 2015 Fee and Equipment Rate Schedule
(attached), Included within these costs is an estimated $2,000 in subcontracted fees for electrical
engineering support, and $2,000 for subcontracted SCADA programming support.
St. Croix Environmental, Inc.
PROPOSAL FOR PROFESSIONAL CONSULTING SERVICES
2015 WELL REHABILITATION PROGRAM (CITY WELLS 11 AND 13)
CITY OF EDEN PRAIRIE
Page 3
If you have questions regarding the contents of this proposal or the associated cost estimate, please
contact me at your earliest convenience.
Very truly yours,
ST. CROIX ENVIRONMENTAL, INC.
Kevin J. Miller
President / Principal Consultant
St. Croix Environmental, Inc.
. St Croix
Environmental Inc. —
IrOvar,u11...yrrd t oeuri,
EXHIBIT A
ST. CROIX ENVIRONMENTAL, INC,
2015 LABOR RATES
PROFESSIONAL CONSULTING SERVICES
Charges for all professional, technical and administrative personnel directly charging time to a
project will be calculated and billed on the basis of the following staff categories:
FEE RATE CATEGORY FEE RATE
• PRINCIPAL HYDROGEOLOGIST
$150.00/HR
• SENIOR HYDROGEOLOGIST
$135.00/HR
• PROJECT MANAGER
$130.00/HR
• SCIENTIST/GIS/DATA SPECIALIST SENIOR
$115.00/HR
• SCIENTIST/GIS/DATA SPECIALIST II
$105.00/HR
• SCIENTIST/GIS/DATA SPECIALIST I
$ 95.00/HR
•GS/DATA TECHNICIAN II
$ 85,00/HR
GIS/DATA TECHNICIAN
$ 75.00/HR
ADMINISTRATIVE
$ 60.00/HR
All personnel have been classified in the above staff categories based upon discipline, education
and experience level. All billing rates subject to annual revision.
OTHER DIRECT COSTS
1. General office expenses including normal reprographics, domestic telephone and
facsimile, postage and courier services will be billed at cost plus 10%.
2. All travel related costs will be in accordance with SCE's standard travel policy, as
revised from time to time, and will be billed at cost plus 10%.
3. Any and all other costs, including subcontracts and third-party services, will be
reimbursed at cost plus 15%,
INVOICES AND PAYMENT
Invoices for personnel fees and other direct costs will be provided at the end of the month based
upon that month's Services. Terms are Net 30,
St. Croix Environmental, Inc.
Stillwater, Minnesota
Hudson, Wisconsin
715-441-9933
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #14-5885 Award
Construction Contract for the Bittersweet
Drive Culvert Rehabilitation to Insituform
Technologies USA, LLC
ITEM NO.: VIII.E.
Requested Action
Move to: Award contract for Bittersweet Drive Culvert rehabilitation to Insituform
Technologies USA, LLC, in the amount of $89,948.94.
Synopsis
Sealed bids were received Friday February 6, 2015, for this project. Five bids were received and
are summarized in the attached Consultant Recommendation Letter. The bid documents
intended for a certain method of trenchless technology, but allowed for alternatives to be
submitted. The low total bid in the amount of $89,948.94 was submitted by Insituform
Technologies USA, LLC and is an alternative method (cured in place pipe lining) to the bid
documents. Staff has reviewed the bids and recommends awarding the contract for the project to
Insituform Technologies USA, LLC in the amount of $89,948.94. The project will be funded out
of the Stormwater utility budget.
Background Information
Bittersweet Drive passes over a corrugated metal culvert installed in 1978 that directs flow under
Bittersweet Drive from a drainage channel on the west side of the road towards Purgatory Creek on the
east side of the road. The bottom of the culvert has rusted away and requires repair. The rehabilitation
method of the pipe is intended to be trenchless as Bittersweet Drive is a cul-de-sac with no other access
options and the pipe is approximately 16-feet below the road, plus this will minimize impacts to the
wetlands.
Attachment
Recommendation Letter
..np
p I Engineering Surveying
,-7) ;4) Landscape Architecture
February 9, 2015
Mr. Carter Schulze, PE
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Construction Bids for Bittersweet Dr. Culvert Rehabilitation,
LC. #14-5885
Dear Mr. Schulze:
Bids were received and opened at 9:00 a.m. on Friday, February 6, 2015
for the above referenced project. The bids are shown on the attached
Summary of Bids.
The Engineer's Estimate for this project was $140,100.00. The low bidder,
Insitu form Technologies USA, LLC, came in 36% below the Engineer's
Estimate with a bid of $89,948.94.
Recommendation is made that the City Council awards I.C. #14-5885 to
Insituform Technologies USA, LLC in the amount of $89,948.94. This
recommendation considers that the City Council reserves the right to
waive minor irregularities and further reserves the right to award the
contract in the best interests of the City.
Respectfully,
Hansen Thorp Pellinen Olson, Inc.
""--)
6,6
Adam Pawelk, P.E.
7510 Market Place Drive
Eden Prairie, MN 55344
952-829-0700
952-829-7806 fax
www.htpo.com
Enclosures
HANSEN THORP PELLINEN OLSON, INC.
SUMMARY OF BIDS
DESCRIPTION: Bittersweet Dr. Culvert Rehabilitation
BIDS OPENED: February 6, 2015
CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc.
CHECKED BY: Hansen Thorp Pellinen Olson, Inc.
Bidder 5% Bid Bond Total Bid
Insituform Technologies USA, LLC. Yes $89,948.94
Minger Construction Yes $170,158.50
Lametti & Sons, Inc. Yes $170,700.00
GM Contracting, Inc. Yes $230,761.00
G.F. Jedlicki, Inc. Yes $260,651.00
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Robert Ellis
Public Works / Engineering
ITEM DESCRIPTION: #11-5800 Approve
Professional Services Agreement with Wenck
Associates, Inc. for Purgatory Creek Bank
Stabilization near Purgatory Road
ITEM NO.: VIII.F.
Requested Action
Move to: Approve professional services agreement with Wenck Associates, Inc. for
Purgatory Creek bank stabilization near Purgatory Road in an amount not to
exceed $46,500.
Synopsis
This Professional Services Agreement provides design, bid solicitation, construction observation,
and administration for the Purgatory Creek bank stabilization project near Purgatory Road.
Background Information
The bank of Purgatory Creek is in need of repair to stabilize the embankment near Purgatory
Road. The lower slope in this area appears to be unstable and additional failure will move
upgradient. The exposed lower slope material appears to be an un-cohesive soil that is subject to
displacement. The upper stable slope has poor vegetative cover with trees adding weight and
shading to the ground. The channel flow in the creek is directed into the slope creating an
impinging force that likely caused the observed erosion. This project has been identified as a
high priority to address bank stabilization along the lower reaches of Purgatory Creek.
Construction of this project is scheduled to begin and be substantially complete in 2015.
Financial Implications
The Professional Services Agreement with Wenck associates, Inc. has an estimated total cost of
$46,500. The funding source for this project is the storm drainage utility. The city is also
seeking a financial partnership with the Riley-Purgatory-Bluff Creek watershed District.
Attachment
Professional Services Agreement
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the 17 1h day of February, 2015, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and Wenck Associates, Inc., a Minnesota company (hereinafter
"Consultant") whose business address is 1800 Pioneer Creek Center, P.O. Box 249, Maple
Plain, MN, 55359-0249.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose
of this Agreement is to set forth the terms and conditions for the provision of professional
services by Consultant for Slope Evaluation and Restoration Design at 10089 Purgatory Road
hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A in connection with the Work. The terms of this Agreement shall take
precedence over any provisions of the Consultants proposal and/or general conditions.
If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the
right to reject any general conditions in such proposal.
2. Term. The term of this Agreement shall be from February 17, 2015 through December
31, 2016 the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as
they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $46,500.00 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
D. City's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement.
He or she shall have complete authority to transmit instructions, receive
information, interpret, and define the City's policy and decisions with respect to
the services provided or materials, equipment, elements and systems pertinent to
the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant shall verify
all statements submitted for payment in compliance with Minnesota Statutes
Sections 471.38 and 471.391. For reimbursable expenses, if provided for in
Exhibit A, the Consultant shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain
the City's project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant shall be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
Standard Agreement for Professional Services 2014.04 Page 2 of 8
D. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of
it has been paid."
6. Project Manager and Staffing. The Consultant has designated
to serve on the Project. They shall be assisted by other staff members as
necessary to facilitate the completion of the Work in accordance with the terms
established herein. Consultant may not remove or replace the designated staff from the
Project without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and
diligence in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Hennepin County, Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law, without limitation, for
any injuries, loss, or damages proximately caused by Consultant's breach of this
standard of care. Consultant shall put forth reasonable efforts to complete its duties in a
timely manner. Consultant shall not be responsible for delays caused by factors beyond
its control or that could not be reasonably foreseen at the time of execution of this
Agreement. Consultant shall be responsible for costs, delays or damages arising from
unreasonable delays in the performance of its duties.
8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Consultant under this Agreement which the City requests
to be kept confidential, shall not be made available to any individual or organization
without the City's prior written approval. The books, records, documents and accounting
procedures and practices of the Consultant or other parties relevant to this Agreement
are subject to examination by the City and either the Legislative Auditor or the State
Auditor for a period of six (6) years after the effective date of this Agreement. This
Agreement is subject to the Minnesota Government Data Practice Act, Minnesota
Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data
Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used,
maintained, or disseminated by Consultant in performing any of the functions of the City
during performance of this Agreement is subject to the requirements of the Data Practice
Act and Consultant shall comply with those requirements as if it were a government
entity. All subcontracts entered into by Consultant in relation to this Agreement shall
contain similar Data Practices Act compliance language.
9. Termination. This Agreement may be terminated by either party by seven (7) days
written notice delivered to the other party at the address written above. Upon
termination under this provision, if there is no fault of the Consultant, the Consultant shall
be paid for services rendered and reimbursable expenses until the effective date of
termination. If however, the City terminates the Agreement because the Consultant has
failed to perform in accordance with this Agreement, no further payment shall be made
to the Consultant, and the City may retain another consultant to undertake or complete
the Work identified herein.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
Standard Agreement for Professional Services 2014.04 Page 3 of 8
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall
pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in
a civil action to collect interest penalties from the Consultant shall be awarded its costs
and disbursements, including attorney's fees, incurred in bringing the action.
11. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it
shall deem necessary and appropriate for the performance of its obligations pursuant to
this Agreement, who shall be employees, and under the direction, of Consultant and in
no respect employees of City, and (ii) shall have no authority to employ persons, or
make purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the
City.
12. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products — Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability
$1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
Standard Agreement for Professional Services 2014.04 Page 4 of 8
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
shall cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in
a business contract). There shall be no endorsement or modification of the
Commercial General Liability form arising from pollution, explosion, collapse,
underground property damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured. It shall be
Consultant's responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or
CG 20 37 04 13, or their equivalent,
g. All policies, except the Professional Liability Policy, shall apply on a "per project"
basis.
h. All polices shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker's Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
j. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement.
k. Consultant agrees to maintain all coverage required herein throughout the term of
the Agreement and for a minimum of two (2) years following City's written
acceptance of the Work.
I. It shall be Consultant's responsibility to pay any retention or deductible for the
coveraeges required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days' prior notice to the City.
Standard Agreement for Professional Services 2014.04 Page 5 of 8
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to
do business in the state in Minnesota and having a current AM. Best rating of no
less than A-, unless specifically accepted by City in writing.
o. A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to
enforce the terms of Consultant's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees
that this indemnity shall be construed and applied in favor of indemnification.
Consultant also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney's fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
Standard Agreement for Professional Services 2014.04 Page 6 of 8
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
14. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement ("Project") does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or
the Consultant beyond the scope of the Project is without liability to the other, and the
party using the Information agrees to defend and indemnify the other from any claims or
liability resulting therefrom.
15. Non-Discrimination. During the performance of this Agreement, the Consultant shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Consultant further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost
of mediation shall be shared equally between the parties. Mediation shall be held in the
City of Eden Prairie unless another location is mutually agreed upon by the parties. The
parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
Standard Agreement for Professional Services 2014.04 Page 7 of 8
19. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
20, Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
21. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
• 24. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
Standard Agreement for Professional Services 2014.04
Page 8 of 8
Toy
WENCK
SS ATES
Responsive partner.
Exceptional outcomes.
February 6, 2015
Robert Ellis, PE, PTOE
Public Works Director
City of Eden Prairie, Minnesota
8080 Mitchell Road
Eden Prairie, MN 55344-4485
RE: Proposal for Slope Evaluation and Restoration Design
10089 Purgatory Road, Eden Prairie, MN
Wenck File #0094-00
Dear Robert:
Wenck Associates, Inc. (Wenck) is pleased to submit this proposal to evaluate and repair the
slope failure at 10089 Purgatory Road. The scope of work presented in this proposal reflects
previous discussions regarding site conditions and brief site visits conducted by Wenck
personnel on February 1st and 4th, 2015.
Scope of Services
Task 1 - Site Visit With the City of Eden Prairie
Wenck would like to visit the site with representatives from the City of Eden Prairie to
review existing site conditions, discuss objectives, and discuss potential alternatives for
rennediation of the failure. In particular, Wenck would like to review potential access routes
to the site for construction equipment and material delivery. A potential permanent access
route to the creek will be discussed for future maintenance.
While on-site, Wenck will collect limited topographic information through the scarp area for
use in the stability analysis and remedial design. During our initial visits, the site was found
to be too inaccessible for soil testing equipment. Wenck will attempt to visually identify soil
types present along the slope. If possible, Wenck will probe the slope soils to determine
existing soil consistency and collect samples of soil from the slope to test for Atterberg
Limits and grain size distribution. These tests will help to confirm field visual-manual
determination of soil types present so that soil strength parameters can be estimated.
Approximately six bank pins will be installed at the base of the slope. These pins will be
periodically monitored to help determine the rate of stream bank erosion in the failure area.
Estimated fees for this task: $3,000
Task 2 - Existing Stability and Alternatives Analysis
Following the site visit, Wenck will use information gathered at the site to perform a stability
analysis of the existing slope and evaluate potential restoration alternatives. Following the
analysis, Wenck will prepare a technical memo that discusses the investigative work and
Wenck Associates, Inc. I 1800 Pioneer Creek Center I P.O. Box 249 I Maple Plain, MN 55359-0249
Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com
Robert Ellis, PE, PTOE
Public Works Director
City of Eden Prairie
February 6, 2015
results of the analysis. The memo will include a description of the recommended restoration
methods, along with estimated construction costs and associated engineering and
construction administration costs.
The memo will be submitted to the City of review and comment. Wenck will immediately
notify the City if we determine that the factors of safety present an imminent danger to the
adjacent residence.
Estimated fees for this task: $6,000
Task 3 - Plans and Specifications
Upon approval of the recommended design, Wenck will prepare appropriate drawings,
details and technical specifications to issue for bids. The bid documents will address specific
items including: bidding and contract requirements, site access corridor, potential staging
areas, site preparation, erosion control measures, construction material specifications,
earthwork and material placement, and restoration activities.
Wenck also recommends the inclusion of an erosion control map and erosion control details
that would normally be included in a Stormwater Pollution Prevention Plan (SWPPP). This
project does not exceed the disturbance area threshold (1 acre) that would require a
Construction Stormwater NPDES permit and accompanying SWPPP. However, Wenck
recommends these be included due to the proximity of the project work to Purgatory Creek.
Mr. Dave Parenteau, P.E. will manage the project and be the certifying engineer, signing the
drawings and technical specifications as a Professional Engineer registered in Minnesota. Ed
Matthiesen, P.E. will assist in the design and provide senior peer review.
Estimated fees for this task: $12,000
Task 4 - Easement Assistance
Wenck will assist the City in securing a temporary construction easement to access the
property. Wenck GIS staff will work with the City Attorney to prepare the exhibits required
to secure the easement. If necessary, Wenck can provide a staff Registered Land Surveyor
(RLS) to perform any required field surveys. A change in scope/fees for this task will be
negotiated with the City, should that be necessary.
Estimated fees for this task: $1,800 (RLS not included)
Task 5 - Environmental Permitting
Wenck will work with the appropriate governmental units to secure the necessary permits
for the proposed work. We anticipate that permits will be required from the Minnesota
Department of Natural Resources (MnDNR) and possibly from the United States Army Corps
of Engineers (USACE). The site falls within the boundary of the Riley Purgatory Bluff Creek
Watershed District (District). However, they do not have a permit program. Wenck
recommends communication and coordination with the District Administrator, Claire Bleser.
Talky WENCK
vAY MCI OS
2
RCS ponsIve partner. Exceptional outcomes,
T:\0094 Eden Prairie\ 00 \10089 Purgatory Road \ Proposal Letter 020615.doot
Robert Ellis, PE, PTOE
Public Works Director
City of Eden Prairie
February 6, 2015
Wenck will complete the MnDNR permit and follow up with Jack Gleason, the MnDNR Area
Hydrologist for this area. The MnDNR will forward a copy of the permit to the USACE for
review. Wenck will work with Melissa Jenny, the local USACE representative to determine
whether they will be issuing a permit on their own or comment through the MnDNR.
Estimated fees for this task: $5,200
Task 6 - Bid Solicitation
Wenck will solicit bids from 2-3 qualified contractors and make a recommendation to the
City. As part of this task, Wenck will include any City required insurance and bonding
information, as well as a sample contract, so the contractors can account for this in their bid
preparation. Wenck does not anticipate preparation and distribution of formal bid addenda.
However, we will be available to answer questions during the bid solicitation period. Wenck
will conduct a pre-bid meeting at the site with contractors so that they can view the site and
become familiar with the work required before submitting their bids. Bid submittal will be
requested approximately one week following the site visit. Bids will be accepted by Wenck
by either fax or e-mail and will be tabulated and included in a formal recommendation to
the City.
Estimated fees for this task: $2,500
Task 7 - Construction Field Services/Contractor Management
Wenck recommends daily construction observation during this stabilization project to ensure
that field conditions are consistent with the assumptions in our design, and to monitor the
progress of the contractor. Wenck proposes to use a staff engineer familiar with the project
constraints and proposed design to be the on-site construction observer. The engineer will
work under the direction of Mr. Parenteau and Mr. Matthiesen and report to them daily. We
anticipate the engineer will be on site for approximately 4 hours/day for 3 weeks during
slope stabilization and 1 week during site restoration. We will confirm this schedule once
the bids have been received and will advise the City at that point if changes to our
anticipated level of effort are necessary.
The on-site engineer will obtain site photographs and prepare a brief written daily report
documenting the construction activities that occurred and an estimate of the quantities of
the various bid items that were placed that day.
At the conclusion of the project, Wenck will perform a field GPS survey to delineate areas
and confirm quantities as appropriate. Wenck will prepare a record drawing that consists of
a map based on this field survey and will include this drawing in a brief letter report that
summarizes the construction events. The report will be signed by Mr. Parenteau and
include the following:
• Brief narrative summarizing the construction activities
• Signed certification statement that the project was constructed in general accordance
with the approved plans and specifications
YAW WENCK
TAT zuzamme
3
Responsive partner. Exceptional outcomes.
T: \ 0094 Eden Prairie WON 10089 Purgatory Roadyroposal Letter 020615.docx
Robert Ellis, PE, PTOE
Public Works Director
City of Eden Prairie
February 6, 2015
Appendices
o Photographs
o Held reports
o Record Drawing
Wenck will work with the City to complete the traditional Contractor Management/Contract
Administration activities such as submittal review, progress meeting facilitation and
documentation, pay request review and recommendation, lien waivers, appropriate IC-134
tax forms as required by the Department of Revenue, and any necessary change order
negotiation.
Estimated fees for this task: $12,000 during the slope stabilization, $4,000 during site
restoration
Schedule
We are prepared to begin the work immediately. We anticipate completing the initial
analysis and results memo approximately three weeks following the site visit. Draft design
documents will be prepared and submitted for the City to review approximately four weeks
following design approval. We anticipate bids will be received in early April. Easement,
Permitting and Legal assistance activities can be completed concurrent with these other
tasks. Construction will most likely occur after the spring runoff event, or when water levels
in Purgatory Creek allow.
We look forward to working with you and your staff on this project. Should you have any
questions on this proposal, please contact us.
Sincerely,
Dave Parenteau, P.E. Ed Matthiesen, P.E.
Principal Engineer
Principal Engineer
(763) 479-4243
(763) 479-4208
c: Leslie Stovring - City of Eden Prairie
4
v;ekv'WENCK
vAT i=rilmn
Responsive partner, Exceptional outcomes.
T: \ 0094 Eden Prairie \ 00 \10089 Purgatory Road\ Proposal Letter 020615.docx
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Office of City Manager,
Information Technology/
Kristi Etter
ITEM DESCRIPTION:
Declare obsolete computer equipment as
surplus.
ITEM NO.: VIII.G.
Requested Action
Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose
of property to manage end of life computers, monitors and electronics using
Renovo Data services and the State of Minnesota as authorized under City Code
Section 2.86, Subd. 3.
Synopsis
The City has a surplus of obsolete computer equipment. The equipment is of no use and will be
recycled. Renovo Data, an Eden Prairie company, will pick up and recycle the equipment and
pay the City a fee for the items they can reuse. All equipment will be disposed of as authorized
by City Code Section 2.86, Subd. 3.
Attachment
List of surplus equipment
Type Manufacturer Model
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Panasonic CF-30
Computer Dell Optiplex 745
Computer Dell Optiplex 755
Computer HP DC7900
Computer HP DC7900
Computer HP DC7900
Computer HP DC7900
Computer Dell Optiplez 755 SFF
Computer HP DC7900
Laptop Dell Latitude D400
Computer Dell Dimension 3200
Computer HP DC7900
Computer Dell Optiplex 755
Computer Dell Optiplex 755
Computer HP DC7900
Computer Dell Optiplex GX620
Computer Dell Optiplex 755
Laptop Dell Inspiron 6000
Laptop Dell Inspiron 9300
Computer Dell Optiplex 755
Computer Dell Optiplex GX620
Computer Dell Optiplex 745
CRT Monitor Dell E771a
Computer Dell Optiplex 755
Printer OKI Microline 184 Turbo
Laptop Dell Latitude D620
Computer Dell Optiplex 755
Computer Dell Optiplex 755
Computer Dell Optiplex GX620
Computer Dell Optiplex 755
Computer HP DC7900 LFF
Printer HP Laserjet 1012
Computer HP DC7900
Laptop Dell Latitude D620
Laptop Dell Latitude D620
Computer Dell Optiplex 755
Computer Dell Optiplex 755 SFF
Computer HP DC7900
Computer HP DC7900
CCTV Multiplexer Robot MV99p
Computer HP DC7900
Computer HP DC7900
Computer HP DC7900 LFF
Computer HP DC7900 LFF
Computer Dell Optiplex GX280
Computer Dell Optiplex 755
Computer Dell Optiplex GX620
Computer Dell Optiplex 755
Computer Dell Optiplex 745
Computer Dell Optiplex 745
Computer Dell Optiplex GX620
Computer Dell Optiplex 745
Computer Dell Optiplex 755
Computer Dell Optiplex GX620
Serial Misc
8CKYA17003
7IKYA70650
7IKYA70787
7IKYA70771
9CKYA46004
7IKYA70605
7IKYA70663
8CKYA16871
8CKYA16793
7IKYA70618
8CKYA16811
7IKYA70671
7IKY870616
7IKY870801
7HKYA64289
7IKYA70761
8CKYA17009
71KYA70728
8CKYA16899
8CKYA16814
7IKYA70721
8CKYA16810
9ikya81917
7IKYA70763
8CKYA16822
7IKYA70712
7IKY870802
7IKYA70726
8CKYA16791
7IKYA70797
3Z8L9C1
8C64TF1
2UA93701DD
2UA9190B3P
2UA9510TX0
2UA9510TWX
2YGPNH1
2UA9190B40
2913831677
7PZ96C1
2UA9510TWR
59XWMF1
CDL8YG1
2UA9190B3W
5FHXBB1
HFF77G1
PP12L
PP14L
3ZPWMF1
GSN6W91
79XWMF1
MY-08J854-46632-1BS-806E
3FF77G1
107A1001887
28299535489
FYPWMF1
JDL8YG1
CYWSKB1
JVBZHF1
2UA9130GCQ
CNFB688957
MXL94323SQ
24482276353
38805550417
2FF77G1
5CFQNH1
2UA9340MV2
2UA9340MV9
1.45995E+11
2UA9130GCV
2UA9190B44
2UA9130GCS
2UA93701DR
CHTSV71
7CFQNH1
FGHXBB1
GYPWMF1
B0S9QD1
2KKL9C1
8TN6W91
649L9C1
98XWMF1
BTN6W91
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Dzevad Mahmutovic,
Administration, Facilities
ITEM DESCRIPTION:
Rink 1 HVAC Repair
ITEM NO.: VIII.H.
Requested Action
Move to: Award the contract for repair of Rink 1 HVAC at Community Center to Northern Air
Corporation.
Synopsis
The dehumidification unit at Community Center is the original unit and has failed due to age. It
is being replaced with a desiccant wheel. The following bids were received:
Base Bid
NAC $27,652.58
Daikin $29,848.00
Attachment
• Proposal
• Contract
A irk' CHP
7.=1 ••n•-
Mechanical Si. Electrical Services
Combustion Heat & Power
A ono&
1001 Lahore Industritil Count. SuiteI Vadrtilk I Iiht. tiiiiiesuIii 55110 lel: 631-490-9868 Cux: 651-490-1636
January 12, 2015
Mr. Dzevad Mahmutovic
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie, MN 55344
Re: Munters desiccant wheel replacement
Mr. Mahmutovic,
Current Situation;
Desiccant wheel In Munters unit model A30, at the Community Center has fallen apart
Proposed Solution:
Install new tvlunters desiccant wheel, new rollers and belt
Services Included:
• Coordination of all performed work with Client
• Remove and properly dispose of one (1) Munters desiccant wheel, seals, rollers and belt
• Furnish and install one (1) new Munters desiccant wheel, new seals, new rollers and new belt
• Start unit and verify proper operation
• Extend Manufacturer's warranty to client
Notes:
1. Proposal based upon normal working hours.
2. Any additional work beyond the above scope will be billed at time and materials rates upon
prior approval.
3. Verification of roller wheels by factory representative required for proper replacement
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Mechanical & Electrical Services
Combustion Heat & Power
A Diviglmi (31' NA(.
Client investment: $27,652.58 (Twenty seven thousand six hundred fifty two dollars fifty eight cents)
If you have any questions feel free to contact us anytime, or if you would like us to proceed please sign
proposal and fax or e-mail back at your convenience.
Accepted by:
City of Eden Prairie NAC MECHANICAL & ELECTRICAL SERVICES
Signature: Signature: (Bn'an 9-famifton
Name:
Name: Brian Hamilton
Title:
Title:
Account Manager
Date: Date: January 12, 2014
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An Atiiri,iuiivc Actioit, I:qua kniploy men t Opporltinily Fin pl Dyer
Direct (65 1 ) 255-35 18 Vux (551 ) 490-1636 (.'cl 1 (651 ) 368 -0993 1 -Itnai 1 bliatnilloti u mic- 11
itlAC Mechanical - Building Automation - Electrical - Plumbing - Sheet M elal - Preventative Maintenance- Service Repairs - Combustion SLIMi4:tS -
COMMiln 1C8Ii0115
Standard Construction Contract
This Contract (“Contract”) is made on the 17thth day of February, 2015, between
the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address
is 8080 Mitchell Road, Eden Prairie, MN 55344, and NAC Mechanical and
Electrical Services, a Minnesota Corporation, (hereinafter "Contractor") whose
business address is 1001 Labore Industrial Court, Suite B, Vadnais Heights, MN
55110. .
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to
provide a variety of services for City projects. That policy requires that persons,
firms or corporations providing such services enter into written agreements with
the City. The purpose of this Contract is to set forth the terms and conditions for
the provision of services by Contractor for the Finance Remodel, hereinafter
referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Contractor’s proposal dated January 12,
2015. The terms of this Contract shall take precedence over any provisions of the
Contractor’s proposal and/or general conditions.
2. Time of Commencement and Completion. The Work to be performed under this Contract
shall be commenced immediately after execution of this Contract. The Work shall be
completed by May 28, 2015.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $27,652.58
as full and complete payment for the labor, materials and services rendered pursuant to this
Contract and as described in Contractor’s proposal.
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.
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an
itemized invoice for services performed under this Contract. Invoices submitted shall be
paid in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance
with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses,
if provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of
the contract.
b. Claims. To receive any payment on this Contract, the invoice or bill must include the
following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
c. Final Payment. Final payment, constituting the entire unpaid balance of the Contract
Sum, shall be paid by the City to the Contractor when the Work has been completed,
the Contract fully performed, and the City accepts the Work in writing. The
acceptance of final payment shall constitute a waiver of all claims by the Contractor
except those previously made in writing and identified by the Contractor as unsettled
at the time of Application for Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the
Contractor has provided satisfactory evidence to the City that the Contractor and
each of its subcontracts has complied with the provisions of Minn. Stat. Section
290.92 relating to withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement.
5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor
shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall
not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Contract. Contractor shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
6. Project Manager. The Contractor has designated Brian Hamilton to Manage the Work. He
shall be assisted by other staff members as necessary to facilitate the completion of the
Work in accordance with the terms established herein. Contractor may not remove or
replace the designated manager without the approval of the City.
7. Condition and Inspection. All goods and other materials furnished under this Contract
shall be new and in current manufacture, unless otherwise specified, and all goods and work
shall be of good quality, free from faults and defects and in conformance with this Contract.
All goods and work not conforming to these requirements shall be considered defective.
Goods shall be subject to inspection and testing by the City. Defective goods or goods not in
current manufacture may be returned to the Contractor at the Contractor’s expense.
Standard Construction Contract Page 2 of 10
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair,
replace and in general to perform all necessary corrective Work with regard to the defective
or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING
SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The
Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
10. Private Property. The Contractor shall not enter upon private property for any purpose
without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks,
etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances
thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the
Contractor fail to remove such equipment, tools and supplies, the City shall have the right to
remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part
thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed
by the Contractor within ten (10) days after the date fixed in the written notice from the City to
the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Standard Construction Contract Page 3 of 10
Contractor for the additional expense incurred due to suspension of the work. Claims for such
compensation, with complete substantiating records, shall be filed with the City within ten (10)
days after the date of order to resume Work in order to receive consideration. This paragraph
shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made
at the request of the Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate
Change Order shall be issued deducting from the payment then or thereafter due the
Contractor the cost of correcting such deficiencies. If the payments then or thereafter due
the Contractor are not sufficient to cover such amount, the Contractor shall pay the
difference to the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to
terminate this Contract for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being
completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract shall be terminated at
the expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or
fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in
connection with such abandonment, failure or refusal, and non-payment of claims wherein the
Standard Construction Contract Page 4 of 10
City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable
attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract
upon ten (10) days written notice to the City for any of the following reasons:
a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45)
days after the sum becomes due.
16. Performance and Payment Bonds. Not applicable.
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall
agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Contractor fails within that time to pay the
subcontractor any undisputed amount for which the Contractor has received payment by the
City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate
of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Contractor shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Contractor
shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
18. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
19. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-
delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified
mail at the following address:
Brian Hamilton
NAC
1001 Labore Industrial Court, Suite B
Vadnais Heights, MN 55110
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City
by certified mail at the following address:
Standard Construction Contract Page 5 of 10
Paul Sticha
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
20. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law. The policy(ies) shall name the City as an
additional insured for the services provided under this Contract and shall provide that
the Contractor's coverage shall be primary and noncontributory in the event of a loss.
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
Comprehensive Liability $1,500,000 property damage 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 (shall include
coverage for all owned, hired and non-owed
vehicles.
Umbrella or Excess Liability $1,000,000
c. The Comprehensive General/Commercial General Liability policy(ies) 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 (XCU).
ii. Products and Completed Operations Property Damage coverage. Contractor
agrees to maintain this coverage for a minimum of two (2) years following
completion of its work.
iii. Personal injury with Employment Exclusion (if any) deleted.
Standard Construction Contract Page 6 of 10
iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.
v. Broad Form Property Damage coverage, including completed operations, or
its equivalent.
vi. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent,
naming “the City of Eden Prairie.” The additional insured form needs to
extend protection for “product and completed operations”.
vii. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
viii. “Stop gap” coverage for work in those states where Workers’ Compensation
insurance is provided through a state fund if Employer’s liability coverage is
not available.
ix. Incidental Malpractice and Host Liquor Liability insurance applicable to the
Contractor’s performance under this Contract.
x. Severability of Insured’s provision.
d. 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. In addition to the
requirements stated above, the following applies to the insurance policies required
under this Paragraph:
i. All polices shall be written on an “occurrence” form (“claims made” and
“modified occurrence” forms are not acceptable);
ii. All polices shall be apply on a “per project” basis;
iii. All policies, except the Worker’s Compensation Policy, shall contain a waiver
of subrogation naming “the City of Eden Prairie”;
iv. All policies, except the Worker’s Compensation Policy, shall name “the City of
Eden Prairie” as an additional insured;
v. All policies, except the Worker’s Compensation Policy, shall insure the
defense and indemnity obligations assumed by Contractor under this
Contract; and
vi. All polices shall contain a provision that coverages afforded there under shall
not be canceled or non-renewed or restrictive modifications added, without
thirty (30) days prior written notice to the City.
e. 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.
f. 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
Standard Construction Contract Page 7 of 10
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees
that this indemnity shall be construed and applied in favor of indemnification.
Contractor also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Indemnification. Contractor will indemnify City and hold it harmless from and against all
judgments, claims, damages, costs and expenses, including a reasonable amount as and
for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of
this Contract by Contractor or any negligent or intentional act or omission performed, taken
or not performed or taken by Contractor, its agents, contractors and employees, relative to
this Contract. City will indemnify and hold Contractor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its agents or employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Contract (“Information”) shall become
the property of the City, but Contractor may retain copies of such documents as records of
the services provided. The City may use the Information for its purposes and the Contractor
also may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of
this Contract is without liability to the other, and the party using the Information agrees to
defend and indemnify the other from any claims or liability resulting therefrom.
23. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Contractor shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for such
Standard Construction Contract Page 8 of 10
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.
24. 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 one of the
Voting Members 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.
25. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Contractor under this Contract which the City requests to be
kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Contract are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of
six (6) years after the effective date of this Contract. The Contractor shall at all times abide
by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent
the Act is applicable to data and documents in the possession of the Contractor.
26. 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.
27. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
28. Damages. In the event of a breach of the Contract by City, the Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
30. 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.
31. Entire Agreement. The entire agreement of the parties is contained herein. This Contract
supersedes all oral agreements and negotiations between the parties relating to the subject
Standard Construction Contract Page 9 of 10
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of
the provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
32. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
33. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
34. 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. Any federal regulations and applicable state statutes
shall not be violated.
35. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Nancy Tyra-Lukens, Its Mayor
___________________________________
Rick Getschow, Its City Manager
NAC
__________________________________
By
_________________________________
Its
Standard Construction Contract Page 10 of 10
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Community Development/
Economic Development Janet
Jeremiah/David Lindahl
ITEM DESCRIPTION:
Resolution in support of Application to
Hennepin County Housing & Redevelopment
Authority’s TOD Program
ITEM NO.: VIII.I.
Requested Action
Move to: Adopt resolution authorizing City staff to submit a funding application through
Hennepin County’s Transit Oriented Development (TOD) Program for the West 70th Street
extension project.
Synopsis
The grant will help pay for Phase I construction of West 70th Street improvements between
Flying Cloud Drive and Shady Oak Road in the Golden Triangle Area (GTA). Phase I (the West
70th Street extension project) includes a new roadway segment with medians, bicycle lanes and
streetscape improvements from Flying Cloud Drive east to the planned GTA transit station next
to the former Supervalu headquarters building. The West 70th Street extension is anticipated to
be completed in 2015 to accommodate Liberty Property Trust’s leasing schedule.
Phase II will improve West 70th Street from the station area east to Shady Oak and will be
constructed in conjunction with SWLRT. The completed project will provide improved access
within the GTA, improve pedestrian, bicycle, and auto access to the GTA Station and area
businesses, and will provide increased capacity to support future job growth and TOD
redevelopment in the area.
Background Information
The City worked with SRF and area property owners on the design for West 70th Street. The
phased project includes the extension of West 70th Street from its current terminus near the future
station west to Flying Cloud Drive, as well as a future upgrade and improvement to the eastern
segment. Medians are proposed near Flying Cloud Drive, Shady Oak Road and at the future
station to aid pedestrian crossings. Bike lanes, wide sidewalks, landscaping, pedestrian lighting
and other streetscape improvements are also desired.
Hennepin County is making up to $2.2 million available to support transit-oriented development
(TOD) Projects that reflect the geographic balance of Hennepin County and its transit ways, have
a high likelihood of commencing construction in 2015, and are likely to spur additional TOD in
their respective locations. Eden Prairie’s grant application will request funding to help pay for
the desired upgraded pedestrian and bicycle improvements including lighting for the Phase I
extension in 2015.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-__
A RESOLUTION APPROVING A GRANT APPLICATION SUBMITTAL TO HENNEPIN
COUNTY’S TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM TO HELP FUND THE
CITY’S W70th STREET EXTENSION PROJECT IN THE GOLDEN TRIANGLE
WHEREAS, the City of Eden Prairie, Minnesota (the “City”), desires to apply for infrastructure
project funds through Hennepin County’s Transit Oriented Development Program to help fund
the City’s West 70th Street Extension Project; and
WHEREAS, the City of Eden Prairie understands that city staff shall submit to Hennepin
County’s Housing and Redevelopment Authority, an application for a grant from the Transit-
oriented Development Program Funding; and
WHEREAS, the City of Eden Prairie held a City Council meeting on February 17, 2015, to
consider this matter.
NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City
Manager of the City of Eden Prairie, Minnesota, hereby express their approval of city staff to
apply for an infrastructure project award from Hennepin County’s Transit Oriented Development
Program to help fund the City’s West 70th Street Extension Project.
ADOPTED by the City Council of the City of Eden Prairie this 17thth day of February, 2015.
_______________________
Nancy Tyra-Lukens, Mayor
ATTEST:
_______________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
February 17, 2015
DEPARTMENT:
Janet Jeremiah, Community
Development Director
Molly Koivumaki, Manager,
Housing and Community
Services
ITEM DESCRIPTION:
Resolution Adopting Modified Tax Increment
Financing Plan, District No. 16 – Lincoln Parc
Apartments
ITEM NO.: IX.A.
Requested Action
Move to: Continue the public hearing on the Resolution approving Modified Tax Increment
Financing Plan, District No. 16, and Amendment No. 4 to the Project Management Agreement to
the March 31, 2015, City Council Meeting.
Synopsis
This public hearing was continued from the January 20, 2015, meeting. Staff recommends
continuing the public hearing to the March 31, 2015, meeting to allow for continued negotiations
with the developer on the length of the extension of the term for the affordable units.
Background
Tax Increment Financing District No. 16 was established in 1999 in order to provide 140
affordable housing units to tenants living at Lincoln Parc for a term of 15 years. The City, the
HRA, and the developer, Lincoln Parc Apartments, LLC, are negotiating to extend the term of
the affordable units. The Modified TIF Plan for District No. 16 increases the budget for the
District to facilitate reimbursement of additional developer-incurred project costs associated with
continuing to provide the affordable units.
Lincoln Parc is a 186-unit apartment building located on Singletree Lane near the intersection of
Flying Cloud Drive. The project is part of Tax Increment Financing District No. 16 created in
1999 to help subsidize 20% of the total units for tenants with incomes below 50% of the median
income for the metro area, and 55% of the total units for tenants with incomes below 80% of the
median income for the metro area.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Community
Development/Planning
Janet Jeremiah/Julie Klima
ITEM DESCRIPTION:
City West Apartments
ITEM NO.: IX.B.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers and Zoning District Amendment within the RM 2.5 Zoning District on 13.5 acres;
and
• Direct Staff to prepare an amendment to the Development Agreement incorporating
Staff and Commission recommendations and Council conditions.
Synopsis
This property has been developed as an apartment complex. With the recent construction
associated with Shady Oak Road, the property owner and the City have been negotiating related
to additional property needed for easement areas resulting from the Shady Oak Trail construction
project. The easement areas will impact parking on the northwest corner of the site. Two
impacted parking stalls are able to be relocated and replaced to the east of their current location.
Five potentially impacted parking stalls would be eliminated.
The property owner has requested that the City amend the current approvals for the property to
reflect the potential change in surface parking in the event that the parking is unable to be
replaced.
The following PUD waiver is proposed:
1. Parking Stalls. The City Code requires 2 parking stalls for each residential unit. The site
provides one surface parking stall and one enclosed parking stall for each residential unit,
meeting the Code requirement. The Shady Oak Trail construction will impact a net loss
of 5 surface parking stalls on site. The property owner is seeking alternative locations to
replace these 5 stalls but has not made a final determination for their locations. The
property owner has requested that the City amend the approvals for the site to reflect that
the site may be allowed 5 less surface parking stalls than are depicted on its 1985
approved plan.
The waiver to the parking requirement allows the site to remain in conformance with City
approvals considering the results of the impacts from the expanded Shady Oak Trail project.
Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the project at the January 26,
2015 meeting.
Attachments
1. Ordinance
2. Staff Report
3. Location Map
4. Land Use Map
5. Zoning Map
6. Aerial photo
7. Planning Commission Minutes
APARTMENTS AT CITY WEST
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2015-PUD-_-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CERTAIN LAND WITHIN THE RM 2.5 ZONING DISTRICT, AMENDING THE
LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the RM 2.5 Zoning District __-2015-PUD-_-2015 (hereinafter "PUD-__-2015-_).
Section 3. The City Council hereby makes the following findings:
A. PUD-__-2015-_ is not in conflict with the goals of the Comprehensive Guide Plan
of the City.
B. PUD-__-2015-_ 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-__-2015-_ are justified by the design of the development
described therein.
D. PUD-__-2015-_ is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of _________, 2015, entered into between Park at City West
Apartments, LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The
Development Agreement contains the terms and conditions of PUD-__-2015-_, and are hereby
made a part hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the RM 2.5 District and shall be included hereafter in the Planned Unit
Development __-2015-_, and the legal descriptions of land in each district referred to in City
Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. 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 February, 2015, 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 _______,
2015.
ATTEST:
_____________________________ _______________________________
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on__________________, 2015.
EXHIBIT A
PUD Legal Description
Lot 8, Block 1, City West, Hennepin County, Minnesota
Abstract and Torrens
Certificate of Title No. 1188423
Lot 1, Block 1, City West Fourth Addition, Hennepin County, Minnesota
Abstract and Torrens
Certificate of Title No. 1188423
STAFF REPORT
TO: Planning Commission
FROM: Julie Klima, City Planner
DATE: January 26, 2015
PROJECT: City West Apartments
LOCATION: 6418, 6425 and 6435 City West Parkway
OWNERS: Park at City West Apartments
120 DAY REVIEW: N/A
REQUEST: 1. Planned Unit Development District Review with waivers on 13.5 acres
2. Zoning District Amendment within the RM 2.5 Zoning District on 13.5
acres
BACKGROUND
The Comprehensive Guide Plan shows the 13.5 acre property for High Density Residential land
use. Surrounding land uses consist of Office, Neighborhood Commercial and Public. The
propert y is zoned RM 2.5.
The subject site is currently occupied by the City West Apartments. A development plan for this
project was approved by the City in 1985.
SITE PLAN
This property has been developed as an apartment complex. The existing parking meets parking
stall count requirements. With the recent construction associated with Shady Oak Road, the
property owner and the City have been negotiating related to additional property needed for
easement areas resulting from the Shady Oak Trail construction project. The easement areas will
impact parking on the northwest corner of the site. Two impacted parking stalls are able to be
relocated and replaced to the east of their current location. Five potentially impacted parking
stalls would be eliminated.
The property owner has requested that the City amend the current approvals for the property to
reflect the potential change in surface parking in the event that the parking is unable to be
replaced.
PLANNED UNIT DEVELOPMENT WAIVERS
The following PUD waiver is proposed:
Staff Report – City West Apartments PUD
January 26, 2015
Page 2
1. Parking Stalls. The City Code requires 2 parking stalls for each residential unit. The site
provides one surface parking stall and one enclosed parking stall for each residential unit,
meeting the Code requirement. The Shady Oak Trail construction will impact a net loss
of 5 surface parking stalls on site. The property owner is seeking alternative locations to
replace these 5 stalls but has not made a final determination for their locations. The
property owner has requested that the City amend the approvals for the site to reflect that
the site may be allowed 5 less surface parking stalls than are depicted on its 1985
approved plan.
The waiver to the parking requirement allows the site to remain in conformance with City
approvals considering the results of the impacts from the expanded Shady Oak Trail project.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
1. Planned Unit Development District Review with waivers on 13.5 acres
2. Zoning District Amendment within the RM 2.5 Zoning District on 13.5 acres
This is based on plans dated December 14, 2014 and the following condition:
1. The following waiver has been granted through the PUD District Review for the
property:
A. Parking Requirements. A waiver to allow a maximum of 5 less parking spaces (for
a total of 283 surface parking stalls) on site. City Code requires 288 surface
parking stalls.
Site Atea. _ _ _
Site Area less Pond
Building Type:
Stones With Drive Under Garage;
%do
1 Bedroom'
1 Bedroom wid) Den
2 Bedroom
111" - 3 Stories with Drive Under Garage
• shoo
1 Beckoom
1 Bedroom oidi polb
•
-2 Bedroom
iflanciam'
-
:Total Units i.(3-"A" Buildbigs and 3-13" Build ings) _ _
rrriefaig Required. and Parldng Provided: _11
Density ,
_BOLDING DATA
Cross_Building Area-Apartments Only
Net Rentable -Area
GIDSS Building Area-Garages Only
588,5OOF.- 135 Acres
517,000 S.F. - 11.8 Acres
713(240' - 45 Units
3 Ibis
16 Lido
1TUdas
•9 Unirs
71'x270' ••=51 Units
3 Units
20 liras
Si
22 Oats
1 Da
288 Units
- -
COVered 7 288 Spaces
•-§-urface-aiiaces
'
24.4. Units/Acre'
S F 385 291 - • •
:240;085 S.F.
17,09.0
F2-71
O.; 1
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4,111n•nn11%
1111MMINIENE
Mill01011111111
Swimming Pool
. ___/Deck
Pond
High Water 0ev4tion
886.0'
\
DEVfLOPMENT SITE PLASI
r:60 ,
Q', 30'W 120:
npjth
260'
0.
.E
Parcel 12
0
scale in feet
25 50
CONSTRUCTION LIMITS
SUBJECT TO CHANGE
PRELIMINARY
4/22/2014
H:\Projects\8389\CAD_BIM\Graphics\Right of Way\8389_gr41.dgnRight of Way Acquisition
City of Eden Prairie
5/12/2014
Job 8389
City West Parkway Trail
PROPOSED TEMPORARY EASEMENT
PROPOSED TRAIL EASEMENT
PROPOSED TEMPORARY ACCESS EASEMENT
PROPOSED TEMPORARY ACCESS EASEMENT = 1,043 SF (0.02 ACRE)
PROPOSED TEMPORARY EASEMENT = 3,913 SF (0.09 ACRE)
REMAINING PARCEL = 399,297 SF (9.17 ACRE)
PROPOSED TRAIL EASEMENT = 15,232 SF (0.35 ACRE)
EXISTING PARCEL = 414,529 SF (9.52 ACRE)
AREA COMPUTATIONS
POINTCHASC IT Y W
E
S
TPKWYOLDSHADYOAKRDY E L L O W C I R C L E D R
CHEROK EETRLWCROSST O W N C IRSHADY OAK RDW 62ND ST
BE LLEVU
E
LNR
E
G
E
N
C
Y
L
NMONTEE DRGOLDENRIDGEDRCity of Minnetonka
HWY 62
HWY 212
City West Parkway
¯
Area Location Map - Apartments at City West Parkway
Address: 6418, 6425 and 6434 City West Parkway Eden Prairie, Minnesota 55344
0 700 1,400350 Feet
SITESITE
Shady Oak Road
POINTCHASF L Y IN G C L O U D D R
C IT Y W
E
S
TPKWYOLDSHADYOAKRDY E L L O W C I R C L E D R
CHERO KEETRLWCROSST O W N C IRSHADY OAK RDW 62ND ST
B E LLEVU
E
LNR
E
G
E
N
C
Y
L
NMONTEE DRC OTEAUTRLGOLDENRIDGEDRSITESITE
City West Parkway
Highway #62
Shady Oak Road
Highway #212
Streams
Principal Arterial
A Minor Arterial
B Minor Arterial
Major Collector
Minor Collector
City of Eden Prairie Land Use GuidePlan Map 2000-2020
¯
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness
of 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 it
contains. 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.
M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd
Map was Updated/Created: April 18, 2008
DATE Revised 02-23-06
DATE Approved 03-19-03
DATE Revised 01-07-05
DATE Revised 11-07-05
DATE Revised 03-23-06
DATE Revised 06-23-06
DATE Revised 12-06-06
DATE Revised 03-01-07
DATE Revised 06-01-07
DATE Revised 10-01-07
DATE Revised 03-01-08
DATE Revised 03-01-09
Guide Plan Map -Apartments at City West Parkway6418, 6425, and 6434 City West Parkway, Eden Prairie, MN 55344
Rural Residential 0.10 Units/Acre
Low Density Residential 0-2.5 Units/Acre
Low Density/Public/Open Space
Medium Density residential 2.5-10 Units/Acre
Medium Density Residential/Office
High Density Residential 10-40 Units/Acre
Airport
Office
Office/Industrial
Office/Public/Open Space
Industrial
Neighborhood Commercial
Community Commercial
Regional Commercial
Town Center
Park/Open Space
Public/Quasi-Public
Golf Course
Church/ Cemetary
Open Water
Right-Of-Way 710 0 710355 Feet
POINTCHASC IT Y W
E
S
TPKWYOLDSHADYOAKRDY E L L O W C I R C L E D R
CHERO KEETRLWCROSST O W N C IRSHADY OAK RDW 62ND ST
B E LLEVU
E
LNR
E
G
E
N
C
Y
L
NMONTEE DRGOLDENRIDGEDRSITESITE
Highway #62
Highway #212
City West Parkway
Shady Oak Road
City of Eden Prairie Zoning Map
In case of discrepency related to a zoning classification on this zoning map, the Ordinance
and attached legal description on file at Eden Prairie City Center will prevail.
¯
Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.250.125
Miles
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness
of 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 it
contains. 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.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd
Map was Updated/Created: June 11, 2008
Zoning Map - Apartments at City West6418, 6425, and 6434 City West Parkway,Eden Prairie, MN 55344
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
POINTCHASC IT Y W
E
S
TPKWYOLDSHADYOAKRDCHERO KEETRLWSHADY OAK RDW 62ND ST
B E LLEVU
E
LNR
E
G
E
N
C
Y
L
NMONTEE DRBETTY LN
ROS
EMILY LNGO LDENRIDGEDRCity West Parkway
Highway #212
Shady Oak Road
Highway #62
SITESITE
¯
Aerial Map - Apartments at City West ParkwayAddress: 6418, 6425 and 6434 City West Parkway Eden Prairie, Minnesota 55344
0 630 1,260315 Feet
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JANUARY 26, 2015 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven
Frank, Ann Higgins, Mary Egan, Charles Weber,
Andrew Pieper
STAFF MEMBERS: Julie Klima, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Kirk and Weber were absent.
II. APPROVAL OF AGENDA
MOTION by Higgins, seconded by Frank, to approve the agenda. Motion carried 6-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 12, 2015
MOTION by Pieper, seconded by Frank, to approve the minutes. Motion carried
5-0; Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
C. PUD AMENDMENT FOR THE APARTMENTS AT CITY WEST by City
of Eden Prairie
Location: City West Parkway
Request for:
• Planned Unit Development Amendment with waivers on 13.5 acres
• Zoning District Amendment on 13.5 acres
Planning Commission Minutes
January 26, 2015
Page 2
Julie Klima presented this proposal. She said the City West apartments received
approval back in 1985. As a result of Shady Oak Trail, this may impact a loss
of 5 stalls on the site. They are asking the City to amend the PUD.
Wuttke asked in the future could we have another discussion about parking
stalls.
Klima said 7 stalls have been impacted and 2 have already been relocated. The
property owner has not expressed concern with losing the 5 stalls; they want to
make sure they have the proper City approvals.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Wuttke, seconded by Egan, to close the public hearing. Motion
carried 6-0.
MOTION by Wuttke, seconded by Frank, to recommend approval of the
Planned Unit Development Amendment with waivers on 13.5 acres and Zoning
District Amendment on 13.5 acres based on plans dated April 22, 2014, and the
information included in the staff report dated January 26, 2015. Motion
carried 6-0.
VII. PLANNERS’ REPORT
No Planners’ Report
VIII. MEMBERS’ REPORT
No Members’ report.
IX. CONTINUING BUSINESS
No continuing business.
X. NEW BUSINESS
No new business.
XI. ADJOURNMENT
MOTION by Higgins, seconded by Frank, to adjourn the meeting. Motion carried
6-0.
There being no further business, the meeting was adjourned at 8:45 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Sue Kotchevar, 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 237002 – 237211
Wire Transfers 1009902 - 1010006
Wire Transfers 5294 – 5307
December Purchases
City of Eden Prairie
Council Check Summary
2/17/2015
Division Amount Division Amount
General 1,890,341 601 Prairie Village Liquor 77,708
100 City Manager 2,601 602 Den Road Liquor 65,236
101 Legislative 17,591 603 Prairie View Liquor 82,753
102 Legal Counsel 19,110 605 Den Road Building 3,626
110 City Clerk 260 701 Water Fund 218,289
111 Customer Service 4,290 702 Sewer Fund 297,884
112 Human Resources 292 703 Storm Drainage Fund 125,222
113 Communications 14,475 Total Enterprise Funds 870,718
114 Benefits & Training 22,225
130 Assessing 921 803 Escrow Fund 30,926
131 Finance 747 807 Benefits Fund 653,027
132 Housing and Community Services 174 809 Investment Fund 1,170
133 Planning 1,955 812 Fleet Internal Service 47,101
136 Public Safety Communications 5,404 813 IT Internal Service 75,979
137 Economic Development 133 815 Facilites Operating ISF 33,090
138 Community Development Admin.507 816 Facilites City Center ISF 62,080
151 Park Maintenance 10,590 817 Facilites Comm. Center ISF 83,653
153 Organized Athletics 45 Total Internal Service Funds 987,025
154 Community Center 30,371
156 Youth Programs 2,177 Report Totals 4,678,516
157 Special Events 130
158 Senior Center 2,882
159 Recreation Administration 60
160 Therapeutic Recreation 2,272
162 Arts 2,958
163 Outdoor Center 134
168 Arts Center 196
180 Police 7,337
183 Emergency Preparedness 2,400
184 Fire 16,407
186 Inspections 3,244
200 Engineering 6,898
201 Street Maintenance 5,474
202 Street Lighting 948
Total General Fund 2,075,548
301 CDBG 732
303 Cemetary Operation 18
Total Special Revenue Funds 750
435 2008B G.O. Improvement Bonds 3,100
Total debt Service Funds 3,100
308 E-911 240
309 DWI Forfeiture 84,194
315 Economic Development 2,670
316 WAFTA 925
445 Cable PEG 879
526 Transportation Fund 2,544
527 CIP - Leasing Costs 23,877
528 Shady Oak Rd-CR 61 North 7,245
529 Shady Oak Rd-CR 61 South 609,139
531 Eden Prairie Road 1,047
534 WEST 70TH ST. EXTENSION 8,616
Total Capital Project Funds 741,375
City of Eden Prairie
Council Check Register
2/17/2015
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
237179 1,726,955 RJM CONSTRUCTION INC Land Improvements CmtyCtr Pool Upgrade/Expansion Aquatics Addition
237110 636,028 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Road/CR 61 SOUTH Shady Oak Interchange
237062 285,393 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility - General MCES monthly fee
237040 251,189 HEALTHPARTNERS Accounts Receivable Health and Benefits Health Insurance
5296 232,694 CERIDIAN Federal Taxes Withheld Health and Benefits Payroll
5299 162,048 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA
237095 97,133 WATCHGUARD VIDEO Other Hardware DWI Forfeiture
1009950 84,647 XCEL ENERGY Electric Traffic Signals
1009965 73,073 MINNESOTA NATIVE LANDSCAPES Improvement Contracts Storm Drainage
1010000 57,581 SRF CONSULTING GROUP INC Design & Engineering Shady Oak Road/CR 61 SOUTH
1009931 49,021 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant
237165 47,198 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
5294 44,827 US BANK Operating Supplies Water System Maintenance
237164 40,009 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses & Taxes Water Treatment Plant
237052 31,270 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
237144 29,640 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
1009936 25,704 GREGERSON ROSOW JOHNSON & NILAN LTD Operating Supplies Rehab
1009994 25,339 LOGIS LOGIS Sewer Accounting
1009997 23,938 RICE LAKE CONSTRUCTION GROUP Other Contracted Services Water Capital
237127 23,775 HAMMEL, GREEN AND ABRAHAMSON Design & Engineering CmtyCtr Pool Upgrade/Expansion
1009912 23,741 INTEGRITY REMODELING & DESIGN GROUP LLC Other Contracted Services Den Road Building
237099 23,469 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store
5298 23,299 ING Deferred Compensation General Fund
237103 20,255 ABM JANITORIALSERVICES-NORTH CENTRAL INC Janitor Service City Hall - CAM
237087 20,187 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1009932 19,997 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks
237090 19,262 TANDEM CORPORATION Deposits Escrow
1009911 17,396 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
237086 17,347 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit
237076 17,114 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
1009987 16,128 ESRI Software Maintenance IT Operating
237140 15,560 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
5297 13,528 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
237077 13,397 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
1009925 13,350 WENCK ASSOCIATES INC Design & Engineering Storm Drainage
237147 12,036 MATTS AUTO SERVICE INC Miscellaneous DWI Forfeiture
237125 11,937 GRAYMONT Treatment Chemicals Water Treatment Plant
237177 11,693 RACHEL CONTRACTING LLC Improvement Contracts Storm Drainage
1010001 11,599 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Wellhead Protection Plan
5307 11,208 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store
237168 10,500 MUNICIPAL LEGISLATIVE COMMISSION Dues & Subscriptions City Council
1009980 10,424 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
237176 10,000 PULTE GROUP Deposits Escrow
5306 9,886 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
5304 9,749 GENESIS EMPLOYEE BENEFITS, INC HSA General Fund
1009956 9,117 BRAUN INTERTEC CORPORATION Testing - Soil Boring Engineering
5301 9,099 GENESIS EMPLOYEE BENEFITS, INC HSA General Fund
237186 9,078 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
1009947 9,057 WALL TRENDS INC Contract Svcs - General Bldg Park Shelters
237067 8,972 NORTH STAR PUMP SERVICE Equipment Repair & Maint Sewer Liftstation
237184 8,856 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Storm Drainage
237084 8,100 SITEIMPROVE, INC Other Contracted Services Communications
1010003 7,732 WALL TRENDS INC Contract Svcs - Gen. Bldg Fitness/Conference - Cmty Ctr
237208 7,612 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store
237066 7,238 MINNESOTA UI FUND Unemployment Compensation Organizational Services
237072 6,861 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
237207 6,779 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store
237150 6,749 METRO CITIES Dues & Subscriptions City Council
5303 6,700 GENESIS EMPLOYEE BENEFITS, INC HRA Health and Benefits
237120 6,545 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police
237012 6,535 AUTHENTIC EDGE LLC Other Contracted Services Organizational Services
237082 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications
237200 6,137 VERMONT SYSTEMS, INC Other Contracted Services Community Center Admin
1009906 5,400 DAILEY DATA & ASSOCIATES Software Maintenance Prairie Village Liquor Store
237172 4,905 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
237122 4,546 G&K SERVICES Clothing & Uniforms Park Maintenance
237070 4,460 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1009983 4,289 CERIDIAN Ceridian IT Operating
237051 4,243 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
1009946 4,097 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store
237038 3,873 GRAYMONT Treatment Chemicals Water Treatment Plant
1009995 3,873 METRO SALES INCORPORATED*Other Rentals IT Operating
237170 3,511 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
237096 3,497 WETLAND HABITAT RESTORATIONS, LLC Other Contracted Services Storm Drainage
1010002 3,413 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store
237142 3,351 LUBE-TECH ESI Lubricants & Additives Fleet Operating
237091 3,346 TARGETSOLUTIONS LEARNING, LLC Training Supplies Fire
1009923 3,208 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr
237014 3,193 BELSON OUTDOORS INC Building Materials Round Lake
237189 3,100 SPRINGSTED INCORPORATED Other Contracted Services 2008B G.O. Improvement Bonds
1009907 3,064 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store
237174 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
237054 2,978 KAISER, DAVID S Operating Supplies Fitness/Conference - Cmty Ctr
1009973 2,722 TITAN ENERGY SYSTEMS Contract Svcs - Fire/Life/Safe Fire Station #4
1009982 2,506 CDW GOVERNMENT INC.Computers IT Operating
1009964 2,394 LUNDGREN, CAROL Tuition Reimbursement/School Organizational Services
1009958 2,374 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store
1009963 2,373 LOWERY, THOMAS Tuition Reimbursement/School Organizational Services
237081 2,280 READY WATT ELECTRIC Equipment Repair & Maint Emergency Preparedness
237188 2,209 SPIRIT APPAREL AND STUFF Operating Supplies Community Center Admin
237063 2,182 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Prairie View Liquor Store
237131 2,149 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police
237211 2,100 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Sewer System Maintenance
237206 1,965 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
237093 1,950 TRILLIUM TOWER DEVELOPMENT INC Design & Engineering Public Safety Communications
237004 1,810 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - Gen. Bldg City Center Operations
1009927 1,693 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1009938 1,680 ICC Conference/Training Inspections-Administration
237088 1,669 SPORTS WORLD USA INC Operating Supplies Ice Operations
1010005 1,657 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
237161 1,642 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
237139 1,631 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
1009975 1,540 VAN PAPER COMPANY Cleaning Supplies Park Shelters
1009948 1,518 WATSON CO INC, THE Merchandise for Resale Concessions
1009961 1,485 FULLERTON, ALLISON Tuition Reimbursement/School Organizational Services
237157 1,430 MINNESOTA PIPE AND EQUIPMENT*Equipment Parts Water System Maintenance
237030 1,404 EDINA, CITY OF Printing Therapeutic Rec Admin
1009949 1,404 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
237116 1,387 E A SWEEN COMPANY Merchandise for Resale Concessions
1009966 1,373 PAUL'S TWO-WAY RADIO Equipment Repair & Maint Public Safety Communications
237044 1,372 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
237151 1,367 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions
237016 1,365 BETHEL UNIVERSITY Tuition Reimbursement/School Fire
237098 1,361 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
237201 1,339 VESSCO INC Repair & Maint. Supplies Water Treatment Plant
237171 1,335 PERKINS + WILL INC Other Contracted Services Planning
1009924 1,330 VINOCOPIA Liquor Product Received Prairie View Liquor Store
237166 1,325 MS-A1770 Tuition Reimbursement/School Water Treatment Plant
1009935 1,302 GRAINGER Supplies - HVAC Park Maintenance
1009945 1,273 STREICHERS Clothing & Uniforms Police
237133 1,250 HIGBEE & ASSOCIATES TRUST ACCOUNT Advertising Prairie View Liquor Store
237205 1,240 WEIGHT WATCHERS NORTH AMERICA INC Other Contracted Services Organizational Services
1009922 1,222 USA MOBILITY WIRELESS INC Pager & Cell Phone IT Operating
237029 1,216 EDEN PRAIRIE CHAMBER OF COMMERCE Dues & Subscriptions Economic Development
1009919 1,211 SWANK MOTION PICTURES INC Licenses, Permits, Taxes Staring Lake Concert
237134 1,202 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
237025 1,200 CRAIG RAPP, LLC Conference/Training Administration
237163 1,173 MN DEPT OF TRANSPORTATION Testing - Soil Boring Shady Oak Road/CR 61 SOUTH
237198 1,170 US BANK Interest Investment Fund
237008 1,164 ARVIG Wireless Subscription IT Operating
1009976 1,113 VANDENBERGHE, MARK Conference/Training Public Safety Communications
237124 1,108 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
237100 1,078 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store
237156 1,040 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie Village Liquor Store
237053 1,037 JONES & BARTLETT LEARNING LLC Tuition Reimbursement/School Fire
1009960 995 FASTENAL COMPANY Equipment Parts Fleet Operating
1009903 973 BERRY COFFEE COMPANY Merchandise for Resale Concessions
237059 925 LEAGUE MN CITIES INS TRUST Insurance WAFTA
237005 925 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Fire
237049 919 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund
237138 919 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund
237173 888 PITNEY BOWES Postage Customer Service
1009941 885 METRO SALES INCORPORATED*Other Rentals IT Operating
1009990 879 GRANICUS INC Equipment Repair & Maint Cable PEG
237153 875 MINNESOTA AWWA Conference/Training Water System Maintenance
237055 868 KEEPERS Clothing & Uniforms Police
1009989 844 GRAINGER Supplies - HVAC Fitness/Conference - Cmty Ctr
237101 825 EHLERS & ASSOCIATES INC Conference/Training Finance
237143 825 MACPHAIL CENTER FOR MUSIC Other Contracted Services New Adaptive
1009981 812 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1009985 795 COMPAR INC Other Hardware IT Operating
237033 765 FIRE SAFETY USA INC Small Tools Fire
1009978 738 W P & R S MARS CO Operating Supplies Fleet Operating
237061 725 MAXIMUM SOLUTIONS INC Other Contracted Services Community Center Admin
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
1009910 717 FASTENAL COMPANY Equipment Parts Water System Maintenance
237017 668 BMI GENERAL LICENSING Licenses, Permits, Taxes Staring Lake Concert
1009940 668 MENARDS Operating Supplies Traffic Signs
1009969 645 ROTO-ROOTER Equipment Repair & Maint Fire Station #1
237080 644 PROP United Way Withheld General Fund
237079 638 PRINT SOURCE MINNESOTA Printing Arts
1009902 622 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Riley House
237078 606 PRICISE MRM LLC Equipment Parts Fleet Operating
237015 593 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
237111 576 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General
237041 556 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
237209 553 ZINTL CONSTRUCTION SYSTEMS Other Contracted Services CIP - Leasing Costs
1009920 543 THE OASIS GROUP Employee Assistance Organizational Services
237035 540 FRESHWATER SOCIETY Conference/Training Engineering
237068 536 OXYGEN SERVICE COMPANY EMS Supplies Fire
1009928 524 BIFFS INC Waste Disposal Park Maintenance
237129 520 HD SUPPLY WATERWORKS LTD Equipment Parts Sewer Liftstation
237028 514 E A SWEEN COMPANY Merchandise for Resale Concessions
237162 488 MINVALCO INC Building Repair & Maint.Utility Operations - General
237007 486 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
237106 480 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
237119 464 EDEN PRAIRIE NOON ROTARY CLUB Dues & Subscriptions Police
1010004 462 WATSON CO INC, THE Merchandise for Resale Concessions
1009972 455 STONEBROOKE Equipment Parts Fleet Operating
1009993 444 KIDS TEAM TENNIS LLC Instructor Service Tennis
237018 430 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
237020 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service
237048 383 INTERNATIONAL CODE COUNCIL Dues & Subscriptions Inspections-Administration
237024 379 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund
237045 376 HOME DEPOT CREDIT SERVICES Supplies - General Building Public Works/Parks
237191 375 STORK, ALEX Other Contracted Services Water Treatment Plant
237178 371 REALIFE VALLEY VIEW COOP AR Utility Water Enterprise Fund
237073 363 PLASTIC BAG MART Liquor Product Received Prairie View Liquor Store
237145 361 MARCO INC Equipment Repair & Maint IT Telephone
237021 360 CENTURYLINK Telephone IT Telephone
237085 350 SOUNDS GREAT Instructor Service Skating Rinks/Warming Houses
237185 350 SOUNDS GREAT Instructor Service Special Events & Trips
1009974 348 TOEWE, GLENN A.Operating Supplies Fire
1009905 348 CUSTOM HOSE TECH Equipment Parts Fleet Operating
1009943 348 PREMIUM WATERS INC Office Supplies Fire
1009929 342 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police
237074 328 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police
237192 324 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
237094 306 UNITED WAY United Way Withheld General Fund
5302 300 GENESIS EMPLOYEE BENEFITS, INC HRA Health and Benefits
1009934 300 GRAFIX SHOPPE Autos Police
1009984 300 CLAUDE'S CERAMIC TILE INC Contract Svcs - General Bldg Garden Room Repairs
237108 293 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
237135 291 HOTSY MINNESOTA Equipment Repair & Maint Fleet Operating
237137 290 INDOFF INCORPORATED Office Supplies Customer Service
237031 283 ENVIRONMENTAL RESOURCE ASSOCIATES Laboratory Chemicals Water Treatment Plant
237019 275 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Fitness/Conference - Cmty Ctr
237180 275 SARAH PIERCE PHOTOGRAPHY Instructor Service Special Events & Trips
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
237210 275 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Sewer System Maintenance
237149 270 MCPA/MN CRIME WATCH Dues & Subscriptions Police
237105 270 APPERT'S FOODSERVICE Merchandise for Resale Concessions
1009916 266 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
237065 260 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions Police
5295 259 CERIDIAN Garnishment Withheld General Fund
237175 258 PROP United Way Withheld General Fund
237182 250 SENSIBLE LAND USE COALITION Dues & Subscriptions Administration
237013 250 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
237121 240 FIRE SAFETY USA INC Equipment Parts Fleet Operating
237060 238 MALLORY, BRUCE AR Utility Water Enterprise Fund
237114 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund
237046 234 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
237136 234 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1009968 229 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
237126 220 GTS Conference/Training City Clerk
237089 218 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1009937 216 HD SUPPLY FACILITIES MAINTENANCE Supplies - General Building City Center Operations
237197 215 URBAN LAND INSTITUTE Dues & Subscriptions City Council
237037 204 G&K SERVICES Clothing & Uniforms Street Maintenance
237109 200 BRIANT, THOMAS Refunds Environmental Education
237104 193 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store
1009999 190 SOCIETY FOR HUMAN RESOURCE MANAGEMENT Dues & Subscriptions Human Resources
237039 190 GS DIRECT Operating Supplies Engineering
1009918 184 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
237117 183 EATS Operating Supplies Housing and Community Service
1009971 178 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations
1009962 177 INTEREUM INC Supplies - General Bldg Fitness/Conference - Cmty Ctr
237118 175 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Communications
1009959 174 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store
1009952 167 AMERICAN SOLUTIONS FOR BUSINESS Clothing & Uniforms Community Center Admin
1009967 166 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1009904 161 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations - General
1009986 160 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld General Fund
237154 160 MINNESOTA DEPT OF HEALTH Conference/Training Water System Maintenance
1009926 160 A TO Z RENTAL CENTER Operating Supplies Fire
1009992 156 KIDCREATE STUDIO Instructor Service Arts Center
1009933 155 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld General Fund
237023 151 COMCAST Cable TV Fire
237167 150 MSSA Operating Supplies Street Maintenance
1009930 146 CDW GOVERNMENT INC.Computers IT Operating
1009951 144 ZIEGLER INC Equipment Parts Fleet Operating
237202 144 VINE LINE DISTRIBUTION LLC Liquor Product Received Prairie View Liquor Store
237036 132 G & K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance
237196 131 UNITED WAY United Way Withheld General Fund
237022 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General
1009921 128 TYRA-LUKENS, NANCY Mileage & Parking City Council
237009 128 ASPEN MILLS Clothing & Uniforms Fire
5305 128 VANCO SERVICES Miscellaneous Community Center Admin
1009913 125 LEVERSON, DEANNA Tuition Reimbursement/School Fitness Classes
1009942 120 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall - Direct Costs
1009955 118 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations - General
1009988 116 FERRELLGAS Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
1009944 109 SPRINT Computers IT Operating
237006 106 APPERT'S FOODSERVICE Merchandise for Resale Concessions
1009953 105 AUSTIN, CHARLENE Tuition Reimbursement/School Fitness Classes
1009909 105 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store
1009917 105 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
1009977 103 VINOCOPIA Liquor Product Received Den Road Liquor Store
237132 101 HENNEPIN COUNTY TREASURER TIF Revenue Project Fund
237032 100 ESHOO, JOSEPH & JENNIE Refunds Environmental Education
237056 100 KOSEL, DAN Refunds Environmental Education
237128 100 HANSON, BRIAN Refunds Environmental Education
237130 100 HEDBERG, AMELIA Refunds Environmental Education
237141 100 LIMA, SUSAN Refunds Environmental Education
237183 100 SHOLD, DAVID P Refunds Environmental Education
237195 100 TUCKER, MARY Refunds Environmental Education
237199 98 VALLEY VIEW COOPERATIVE Refunds Environmental Education
237050 95 J H LARSON COMPANY Repair & Maint. Supplies Park Maintenance
1009957 92 DANHAUSER, LINDSEY Mileage & Parking Arts
237026 92 CUB FOODS EDEN PRAIRIE Operating Supplies Police
237083 89 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage
237159 87 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
237203 86 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
237160 85 MINNESOTA REAL ESTATE JOURNAL Dues & Subscriptions Assessing
1009915 84 MPX GROUP, THE Printing Police
237071 84 PETSMART Canine Supplies Police
5300 83 VANCO SERVICES Miscellaneous Community Center Admin
1009979 81 A TO Z RENTAL CENTER Other Rentals Park Maintenance
1009970 80 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1009998 75 SCHARBER & SONS Equipment Parts Fleet Operating
237064 75 MINNESOTA AMBULANCE ASSOCIATION Dues & Subscriptions Fire
237152 70 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
237123 64 GENERAL MACHINING INC.Equipment Repair & Maint Park Maintenance
1009914 64 MCCALLEY, JAMIE Tuition Reimbursement/School Fitness Classes
237057 62 LARKSTUR ENGINEERING & SUPPLY INC Repair & Maint. Supplies Water Treatment Plant
237075 60 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store
1009991 60 INDUSTRIAL FLOOR MAINTENANCE INC.Operating Supplies Fleet Operating
1009996 59 NUCO2 INC Supplies - Pool Pool Maintenance
237034 55 FISCHER, DELORES Deposits-P&R Refunds Community Center Admin
237042 55 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
237069 55 PARKER, MARCIE Deposits-P&R Refunds Community Center Admin
237092 55 TODD, JUDY Deposits-P&R Refunds Community Center Admin
237169 55 OURADA, FRANK Deposits-P&R Refunds Community Center Admin
1009908 53 ETZEL, TRACY Tuition Reimbursement/School Fitness Classes
237058 50 LARSON, ROBERT Refunds Environmental Education
237010 50 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
237194 49 SWEET, SHARON Deposits-P&R Refunds Community Center Admin
237002 48 440400 - NCPERS MINNESOTA PERA Health and Benefits
237102 48 440400 - NCPERS MINNESOTA PERA Health and Benefits
237204 42 WATER HEATERS ONLY LLC Supplies - HVAC Fitness/Conference - Cmty Ctr
237003 41 ADAMSON, AMY AR Utility Water Enterprise Fund
237027 36 DIRECTV Cable TV Community Center Admin
237043 35 HENNEPIN HISTORY MUSEUM Dues & Subscriptions Heritage Preservation
237148 32 MATULA, WAYNE Deposits-P&R Refunds Community Center Admin
237155 32 MINNESOTA DEPT OF HEALTH Tuition Reimbursement/School Water Treatment Plant
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
237113 32 COMCAST Wireless Subscription IT Operating
237097 30 WETLAND PROFESSIONALS ASSOCIATION Dues & Subscriptions Storm Drainage
237146 25 MASS/MRPA Dues & Subscriptions Senior Center Admin
237115 22 CUB FOODS EDEN PRAIRIE Training Supplies Police
237011 22 AT&T MOBILITY Pager & Cell Phone Park Maintenance
1009954 21 BATTERIES PLUS Repair & Maint. Supplies Water Metering
1010006 20 YAHOO!Other Contracted Services Police
237112 15 COMCAST Other Contracted Services Police
237190 14 STAPLES ADVANTAGE Office Supplies Customer Service
1009939 14 JANEX INC Cleaning Supplies Fire Station #1
237047 11 INDOFF INCORPORATED Office Supplies Customer Service
237107 8 BAUMERT, SARAH Deposits-P&R Refunds Community Center Admin
237181 8 SCHENCK, PATRICIA Deposits-P&R Refunds Community Center Admin
237193 5 SUBURBAN WASTE Solid Waste Licenses General Fund
4,678,516 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
December Purchases
Amount Explanation Vendor Account Description Business Unit
141 US-supplies FRATTALLONE'S/MINNETONKA ACE Operating Supplies Park Maintenance
57 US-chain saw SOUTHWEST SALES AND RENTAL Equipment Repair & Maint Park Maintenance
2,806 US-service NORTHERN TOOL & EQUIPMENT Small Tools Water System Maintenance
7 US-parts MENARDS Repair & Maint. Supplies Water System Maintenance
3 US-de-icer MENARDS Repair & Maint. Supplies Water System Maintenance
336 US-trip GREEN MILL Special Event Fees Trips
39 US-holiday lunch WALMART COMMUNITY Special Event Fees Senior Center Programs
1,478 US-holiday lunch KOWALSKI'S MARKET Special Event Fees Senior Center Programs
109 US-deposit tickets DELUXE BUSINESS CHECKS & SOLUT Operating Supplies Senior Center Admin
43 US-holiday lunch TARGET Operating Supplies Internal Events
250 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs
15 US-replacement cards AMAZON.COM Special Event Fees Senior Center Programs
550 US-coffee maker COFFEE WHOLESALE Capital Under $25,000 Senior Center Admin
35 US-MRPA conf MRPA Conference/Training Senior Center Admin
45 US-wood shop blades ROCKLER WOODWORKING & HARDWARE Equipment Repair & Maint Senior Center Programs
33 US-shop supplies MENARDS Operating Supplies Park Maintenance
10 US-supplies/picnic tables HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Park Maintenance
10 US-picnic tables HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Park Maintenance
18 US-clear coat/picnic tables MENARDS Repair & Maint. Supplies Park Maintenance
60 US-batteries MENARDS Repair & Maint. Supplies Water System Maintenance
41 US-kitchen supplies TARGET Repair & Maint. Supplies Utility Operations - General
45 US-kitchen supplies MENARDS Repair & Maint. Supplies Utility Operations - General
160 US-power box MENARDS Repair & Maint. Supplies Water Treatment Plant
1,000 US-K Carlson CC Fraud US BANK Deposits Escrow
16 US-K Carlson CC Fraud US BANK Deposits Escrow
55 US-K Carlson CC Fraud US BANK Deposits Escrow
214 US-K Carlson CC Fraud US BANK Deposits Escrow
84 US-Liners MENARDS Equipment Repair & Maint Utility Operations - General
54 US-mounting tape HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Water Treatment Plant
145 US-elec supplies W W GRAINGER INC Operating Supplies Park Maintenance
13 US-supplies MENARDS Operating Supplies Park Maintenance
27 US-ice auger CABIN FEVER SPORTINGS GOODS Equipment Repair & Maint Park Maintenance
2 US-lake aerators MENARDS Equipment Repair & Maint Park Maintenance
34 US-mouse traps MENARDS Repair & Maint. Supplies Water Treatment Plant
41 US-flagging-restoration work FORESTRY SUPPLIERS INC.Operating Supplies Reforestation
40 US-annual dues INTERNATIONAL SOCIETY OF ARBOR Dues & Subscriptions Tree Disease
234 US-business mtg NOTHING BUNDT CAKES Operating Supplies Fire
1,170 US-united firefighters mtg BUCA Operating Supplies Fire
1,140 US-business mtg CHIPOTLE Operating Supplies Fire
360 US-popcorn for open house KERNEL CONCESSION SUPPLY Operating Supplies Fire
107 US-kids holiday party TARGET Operating Supplies Fire
30 US-kids holiday party MICHAELS - THE ARTS & CRAFTS S Operating Supplies Fire
-32 US-return TARGET Operating Supplies Fire
8 US-hsem class CITY WALK RAMP Operating Supplies Fire
80 US-food PANERA BREAD Operating Supplies Fire
Amount Explanation Vendor Account Description Business Unit
93 US-liddell retirement DAIRY QUEEN Operating Supplies Fire
6 US-liddell retirement WALMART COMMUNITY Operating Supplies Fire
74 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
84 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
1,824 US-café operating US FOOD CULINARY EQUIPMENT & S Operating Supplies Concessions
48 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
163 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
38 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
110 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
60 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
40 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
101 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
18 US-café food SUPER AMERICA Merchandise for Resale Concessions
59 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
42 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
13 US-training items WALMART COMMUNITY Training Supplies Water Treatment Plant
97 US-training tools MENARDS Training Supplies Water Treatment Plant
225 US-water school-s borg MINNESOTA RURAL WATER ASSOCIAT Conference/Training Water Treatment Plant
225 US-water school-B peterson MINNESOTA RURAL WATER ASSOCIAT Conference/Training Water Treatment Plant
182 US-water school-B peterson HOLIDAY INN Travel Expense Water Treatment Plant
182 US-water school-s borg HOLIDAY INN Travel Expense Utility Operations - General
225 US-water school-M albert MINNESOTA RURAL WATER ASSOCIAT Conference/Training Water Treatment Plant
182 US-water school-M albert MINNESOTA RURAL WATER ASSOCIAT Conference/Training Water Treatment Plant
276 US-membership dues INSTITUTE OF TRANSPORTATION EN Dues & Subscriptions Engineering
494 US-epfd holiday cards HALLMARK INSIGHTS Operating Supplies Fire
5 US-parking STANDARD PARKING Mileage & Parking Fire
52 US-pump 2 "NORTHERN TOOL & EQUIPMENT Repair & Maint. Supplies Water System Maintenance
26 US-fax toner-pd dispatch AMAZON.COM Miscellaneous IT Operating
79 US-16 port switch AMAZON.COM Computers IT Operating
104 US-fingerpoint reader PD AMAZON.COM Computers IT Operating
16 US-software IT MICROSOFT CORPORATE Equipment Repair & Maint IT Operating
67 US-printer toner-engineering AMAZON.COM Miscellaneous IT Operating
230 US-brother fax machine-PD OFFICE DEPOT CREDIT PLAN Computers IT Operating
97 US-name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons
57 US-server reack screws RACKMOUNT SOLUTIONS Miscellaneous IT Operating
550 US-software maintenance MAGNET FORENSICS Equipment Repair & Maint IT Operating
598 US-software maintenance GUIDANCE SOFTWARE Equipment Repair & Maint IT Operating
-21 US-return MENARDS Repair & Maint. Supplies Staring Lake
27 US-staring ampitheatre MENARDS Building Repair & Maint.Staring Lake
19 US-elec supplies MENARDS Operating Supplies Park Maintenance
142 US-supplies MENARDS Operating Supplies Park Maintenance
6 US-rink lines HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
5 US-rink lines MENARDS Operating Supplies Park Maintenance
93 US-rinks MENARDS Operating Supplies Park Maintenance
250 US-fire code trng UNIVERSITY OF MINNESOTA Conference/Training Fire
683 US-key id supplies KAT KEYS LOCK AND SAFE CO Fire Prevention Supplies Fire
285 US-membership dues IAAI Dues & Subscriptions Fire
150 US-snow blower repair BALDWIN SUPPLY COMPANY Repair & Maint. Supplies Park Maintenance
89 US-supplies MENARDS Repair & Maint. Supplies Riley Lake
Amount Explanation Vendor Account Description Business Unit
20 US-supplies MENARDS Repair & Maint. Supplies Riley Lake
2 US-supplies MENARDS Operating Supplies Park Maintenance
162 US-supplies MENARDS Operating Supplies Park Maintenance
23 US-lake systems MENARDS Equipment Repair & Maint Park Maintenance
130 US-movie screen cart NORTHERN TOOL & EQUIPMENT Operating Supplies Special Events Admin
129 US-garage vaccuum SEARS EDEN PRAIRIE Repair & Maint. Supplies Water Metering
19 US-snow fence/miller trail MENARDS Operating Supplies Park Maintenance
11 US-paint MICHAELS - THE ARTS & CRAFTS S Operating Supplies Fitness Center
43 US-foam earplugs AMAZON.COM Operating Supplies Fitness Center
182 US-mitts/gloves fitness class AMAZON.COM Operating Supplies Fitness Classes
39 US-fitness class supplies AMAZON.COM Operating Supplies Fitness Classes
81 US-group fitness ADOLPH KIEFER & ASSOCIATES Operating Supplies Fitness Classes
145 US-wrenches/flooding trucks HD SUPPLY WATERWORKS LTD Operating Supplies Park Maintenance
21 US-hockey goals MENARDS Repair & Maint. Supplies Park Maintenance
107 US-boot trays HOME DEPOT CREDIT SERVICES Operating Supplies Community Center Admin
120 US-light bulbs-fitness ops HOME DEPOT CREDIT SERVICES Operating Supplies Fitness Classes
418 US-training AMAZON.COM Office Supplies Organizational Services
102 US-ultimate software mtg CRUMB GOURMET DELI Miscellaneous Human Resources
530 US-training MRA-THE MANAGEMENT ASSOCIATION Conference/Training Planning
7,868 US-Oct14 Bldg surchgs DEPT OF LABOR & INDUSTRY Building Surcharge General Fund
696 US-Oct14 Bldg surchgs DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund
477 US-Oct14 Bldg surchgs DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund
-181 US-Oct14 Bldg surchgs DEPT OF LABOR & INDUSTRY Other Revenue General Fund
185 US-counterpoint gateway fee NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store
359 US-counterpoint gateway fee NCR SPECIALTY Bank and Service Charges Den Road Liquor Store
211 US-counterpoint gateway fee NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store
60 US-UB online PAYPAL INC Bank and Service Charges Utility Operations - General
40 US-UB recurring PAYPAL INC Bank and Service Charges Utility Operations - General
20 US-epermit web security PAYPAL INC Equipment Repair & Maint IT Operating
20 US-café food KWIK TRIP STORES Merchandise for Resale Concessions
20 US-pickleball rewards CARIBOU COFFEE Operating Supplies Gymnasium (CC)
30 US-café food KWIK TRIP STORES Merchandise for Resale Concessions
19 US-café food KWIK TRIP STORES Merchandise for Resale Concessions
11 US-café food KWIK TRIP STORES Merchandise for Resale Concessions
4 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions
60 US-waders GANDER MOUNTAIN Safety Supplies Water Treatment Plant
165 US-Pesticide app recert PAYPAL INC Other Contracted Services Street Maintenance
31 US-pesticide app license MINNESOTA DEPARTMENT OF AGRICU Other Contracted Services Street Maintenance
850 US-user group meeting ARSENAULT ASSOCIATES Conference/Training Fleet Operating
404 US-flight to dossier 2015 summ DELTA AIR Conference/Training Fleet Operating
87 US-supplies PARTY CITY Office Supplies Utility Operations - General
34 US-supplies MICHAELS - THE ARTS & CRAFTS S Office Supplies Utility Operations - General
24 US-pdf to excel ADOBE SYSTEMS Office Supplies Utility Operations - General
27 US-supplies DOLLAR TREE STORES, INC.Office Supplies Utility Operations - General
65 US-sunshine Fund-C Munoz BACHMANS CREDIT DEPT Deposits Escrow
69 US-sunshine fund-R Henke BACHMANS CREDIT DEPT Deposits Escrow
84 US-sunshine fund M Meade BACHMANS CREDIT DEPT Deposits Escrow
87 US-M Schmidt sunshine fund VICTORIA ROSE FLORAL Deposits Escrow
74 US-sunshine fund-C Sutherland FLOWERSHOPNETWORK.COM Deposits Escrow
Amount Explanation Vendor Account Description Business Unit
207 US-fuel cans CALUMET LUBRICANTS Operating Supplies Fire
79 US-united firefighters KOWALSKI'S MARKET Operating Supplies Fire
15 US-ems repairs REPAIR LAIR Repair & Maint. Supplies Fire
102 US-memory cards OFFICE DEPOT CREDIT PLAN Video & Photo Supplies Fire
8 US-HSEM class CITY WALK RAMP Mileage & Parking Fire
51 US-printer labels OFFICE DEPOT CREDIT PLAN Video & Photo Supplies Fire
31 US-shop tools MILLS FLEET FARM Small Tools Sewer System Maintenance
173 US-shop tools SEARS EDEN PRAIRIE Small Tools Sewer System Maintenance
2 US-shop supplies MENARDS Repair & Maint. Supplies Sewer System Maintenance
32 US-paint MENARDS Repair & Maint. Supplies Water System Maintenance
40 US-training IIMC Conference/Training City Clerk
73 US-I & I supplies HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Sewer System Maintenance
276 US-ITE dues R Newton INSTITUTE OF TRANSPORTATION EN Dues & Subscriptions Engineering
276 US-ITE dues R Rue INSTITUTE OF TRANSPORTATION EN Dues & Subscriptions Engineering
1,210 US-CEAM conf carter rod randy UNIVERSITY OF MINNESOTA Conference/Training Engineering
300 US-CEAM dues UNIVERSITY OF MINNESOTA Dues & Subscriptions Engineering
73 US-pro shop SPORTS WORLD USA INC Merchandise for Resale Concessions
15 US-café supplies OFFICE DEPOT CREDIT PLAN Merchandise for Resale Concessions
34 US-pro shop OFFICEMAX CREDIT PLAN Merchandise for Resale Concessions
9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions
9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions
9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions
9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions
9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions
9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions
448 US-plow tire chain WHEELCO Equipment Parts Fleet Operating
463 US-tire chains WHEELCO Equipment Parts Fleet Operating
16 US-shop supplies WALGREEN'S #5080 Operating Supplies Fleet Operating
10 US-café food MARKET PLACE FOODS Merchandise for Resale Concessions
18 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
15 US-straps/fittings FRATTALLONE'S/MINNETONKA ACE Repair & Maint. Supplies Water System Maintenance
235 US-ice machine NORTHERN TOOL & EQUIPMENT Repair & Maint. Supplies Water System Maintenance
307 US-scripts for winter theater AMAZON.COM Operating Supplies Winter Theatre
24 US-script SAMUEL FRENCH INC Operating Supplies Theatre Initiative
58 US-card stock for theater post STAPLES Operating Supplies Theatre Initiative
14 US-team meeting BRUEGGERS BAGEL Training Supplies Community Center Admin
15 US-software NIMBLE SCHEDULE Other Contracted Services Community Center Admin
375 US-software NIMBLE SCHEDULE Other Contracted Services Community Center Admin
7 US-return of printer UNITED STATES POSTAL SERVICE Office Supplies Community Center Admin
86 US-subscription THE APPRAISAL FOUNDATION Dues & Subscriptions Assessing
500 US-subscription PRICE WATERHOUSE COOPER Dues & Subscriptions Assessing
250 US-subscription APPRAISAL INSTITUTE Dues & Subscriptions Assessing
30 US-dispatch norary stamp CROWN STAMP AND ENGRAVING CO Office Supplies Police
50 US-quartermaster AMAZON.COM Operating Supplies Police
104 US-quartermaster AMAZON.COM Operating Supplies Police
63 US-quartermaster AMAZON.COM Operating Supplies Police
63 US-quartermaster AMAZON.COM Operating Supplies Police
21 US-regional response prep docs AMAZON.COM Operating Supplies Police
44 US-regional response prep docs AMAZON.COM Operating Supplies Police
Amount Explanation Vendor Account Description Business Unit
14 US-reserve calendar CALENDAR WIZ Operating Supplies Housing Inspections
6 US-air filter MENARDS Equipment Repair & Maint Park Maintenance
48 US-critter food PETCO Operating Supplies Outdoor Center
6 US-critter food PETCO Operating Supplies Outdoor Center
19 US-critter food PETCO Operating Supplies Outdoor Center
61 US-critter food PETCO Operating Supplies Outdoor Center
15 US-pesticide appicator DEPARTMENT OF AGRICULTURE Licenses, Permits, Taxes, Fees Park Maintenance
105 US-DOT inspection stickers MINNESOTA STATE PATROL Equipment Testing/Cert.Fleet Operating
72 US-hole reel HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Water Treatment Plant
688 US-light bulbs PAYPAL INC Repair & Maint. Supplies Water Treatment Plant
-26 US-refund OMNI HOTELS Travel Expense City Council
650 US-J Good trng FBI - LEEDA Tuition Reimbursement/School Police
139 US-C Streiff trng LIFELINE TRAINING LTD Tuition Reimbursement/School Police
200 US-supplies KEEPERS Training Supplies Police
70 US-rock on ice AMAZON.COM Operating Supplies Skating Rinks/Warming Houses
61 US-rock on ice AMAZON.COM Operating Supplies Skating Rinks/Warming Houses
28 US-miller park supplies HOME DEPOT CREDIT SERVICES Operating Supplies Skating Rinks/Warming Houses
272 US-tubing-winter break THREE RIVERS PARK DISTRICT Special Event Fees Special Events & Trips
139 US-winter break field trip CHUCK-E-CHEESE Special Event Fees Special Events & Trips
25 US-winter break field trip CHUCK-E-CHEESE Special Event Fees Special Events & Trips
86 US-winter break field trip BRUNSWICK BOWLING LANES Special Event Fees Special Events & Trips
66 US-winter break field trip BRUNSWICK BOWLING LANES Special Event Fees Special Events & Trips
4 US-winter break field trip BRUNSWICK BOWLING LANES Special Event Fees Special Events & Trips
60 US-Staff training GINA MARIAS INC Miscellaneous Recreation Admin
43 US-club 204 program supplies BARNES & NOBLE Operating Supplies New Adaptive
45 US-broomball rule books MINNESOTA SPORTS FEDERATION Operating Supplies Athletic Programs Admin
210 US-conf UNIVERSITY OF MINNESOTA Mileage & Parking Fire
100 US-EMT exam M Friederichs CENTURY COLLEGE Tuition Reimbursement/School Fire
100 US-EMT exam-D Pieczynski CENTURY COLLEGE Tuition Reimbursement/School Fire
100 US-emt exam-P Dill CENTURY COLLEGE Tuition Reimbursement/School Fire
100 US-emt exam-J young CENTURY COLLEGE Tuition Reimbursement/School Fire
100 US-emt exam J schneider CENTURY COLLEGE Tuition Reimbursement/School Fire
399 US-inspector conf INTERNATIONAL CODE COUNCIL Conference/Training Fire
375 US-A fullerton conf UNIVERSITY OF MINNESOTA Conference/Training Fire
100 US-emt exam G Rogotzke CENTURY COLLEGE Conference/Training Fire
107 US-radio replacement BEST BUY Equipment Repair & Maint Police
35 US-shop tools MENARDS Repair & Maint. Supplies Sewer Utility - General
181 US-small pump MENARDS Repair & Maint. Supplies Water System Maintenance
44,827 Report total
Requested Council Action:
Move to: Adopt the resolution supporting the City’s participation in the Open to Business program and
committing to funding one half of the cost or $5,000.
Synopsis:
Open to Business is a technical assistance program for small businesses provided through the
Metropolitan Consortium of Community Developers (MCCD), a 45 member association committed
to increasing opportunities for small business and entrepreneurs. The range of services provided
include business plan development, marketing and feasibility studies, cash flow and financing
projections, loan request preparation, and advocacy with lending institutions.
The fee for one year of service remains at $10,000, with Hennepin County covering half and the City
the other half. This is the fourth year the City has participated in the program.
Background:
Eden Prairie participated for the first time in 2012. Services provided to clients include cash flow
analysis, regulatory assistance, loan packaging, lease review, strategic planning, equipment lease
negotiation, business feasibility, business plan development, real estate analysis, marketing, and
networking/referrals. In 2015, city staff plans to build upon 2014’s increased success of public
awareness for the Open to Business program. Examples of efforts include continue advertising the
program in the “Life in the Prairie” newsletter, including information about the program in utility bill
mailings, and reaching out to new home-based businesses.
Funding:
Hennepin County has once again committed funds to support Open to Business in 2015. MCCD
provides the service for a flat annual fee of $10,000 for municipalities with populations between
30,000 and 60,000. For populations over 60,000, fees are negotiated on a case-by-case basis.
Attachments:
Resolution
Contract
Results Summary
CITY COUNCIL AGENDA
SECTION: Community Development Director Report
DATE:
February 17, 2015
DEPARTMENT/DIVISION:
Community Development:
Janet Jeremiah/David Lindahl
ITEM DESCRIPTION:
Open to Business Program
ITEM NO.: XIV.C.1.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-__
RESOLUTION APPROVING PARTICIPATION IN “OPEN FOR BUSINESS” A SMALL
BUSINESS TECHNICAL ASSISTANCE PROGRAM OFFERED THROUGH THE
HENNEPIN COUNTY HOUSING & REDEVELOPMENT AUTHORITY (HCHRA)
WHEREAS, the Open to Business is a small business and entrepreneur technical assistance
program provided by the Metropolitan Consortium of Community Developers (MCCD) through
a partnership with the Hennepin County Housing and Redevelopment Authority (HCHRA); and
WHEREAS, The Open to Business program will provide a range of services to participating
Eden Prairie businesses including: business plan development, Feasibility studies, cash flow and
financing projections, marketing, loan request preparation, advocacy with lending institutions;
and
WHEREAS, the City of Eden Prairie intends to submit an application to Hennepin County HRA
to fund half ($5,000) of the annual Open To Business program cost of $10,000.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
The City of Eden Prairie approves submitting an application to Hennepin County HRA and
entering into that certain Contract for Services between the City of Eden Prairie & Metropolitan
Consortium of Community Developers (MCCD) for the Open to Business Program dated
February 17, 2015 for participation in the Open to Business small business technical assistance
program. Provided a grant of $5,000 is approved and provided to MCCD by Hennepin County
HRA for half of the annual program fee, the City agrees to provide to MCCD the other half of
the total cost or $5,000 for one year of service.
ADOPTED by the Eden Prairie City Council on the 17th day of February, 2015.
_________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
Contract for Services
Between the City of Eden Prairie
&
Metropolitan Consortium of Community Developers (MCCD)
for the
Open to Business Program
THIS AGREEMENT, is made and entered into as of the 17th day of February 2015, between the City
of Eden Prairie (herein called “City”) and the Metropolitan Consortium of Community Developers,
(herein called “MCCD”).
WHEREAS, the City wishes to retain MCCD to provide small business technical assistance to existing
businesses and those parties interested in opening a business in Eden Prairie (the “Initiative”) and
WHEREAS, MCCD has represented itself as competent to provide the services required to administer
and carry out the Initiative; and
WHEREAS, the City of Eden Prairie wishes to engage MCCD to provide said services necessary to
carry out the Initiative;
NOW THEREFORE, it is agreed between the parties hereto that;
1. TIME OF PERFORMANCE
The service to be provided by MCCD shall commence upon execution of this Agreement and
shall terminate as of January 31st, 2016. All services, documents, and information to be
furnished or performed by MCCD in order to carry out the Initiative shall be furnished or
performed as promptly as possible, and with the fullest due diligence.
2. COMPENSATION
Total compensation to MCCD shall be $10,000 for a one year period (the Contract Amount) to
manage the Eden Prairie Open to Business program. The Contract Amount will be paid in two
equal installments: $5,000 due and payable by the City of Eden Prairie upon execution of this
Agreement, and $5,000 invoiced and dated on or about 6 months from the agreement date,
payable by Hennepin County Housing Redevelopment Authority.
3. SCOPE OF SERVICES
MCCD will use the Contract Amount to provide technical assistance to existing Eden Prairie
businesses, residents and parties interested in starting a business in Eden Prairie; (See Exhibit A
Scope of Services-Eden Prairie Open to Business Program).
4. REPORTING
MCCD agrees to submit quarterly reports related to its operation of the Eden Prairie Open to
Business program. Items to be reported on include, but are not limited to, the following:
Number of inquiries
Hours of technical assistance provided
1
Type of assistance provided
Type of business
Annual sales revenue
Number of businesses opened
Number of business expanded/stabilized
Number and amounts of financing packages
Demographic information on entrepreneurs
The required reporting schedule is as follows:
1st quarter January – March, report due April 30th
2nd quarter April – June, report due July 31st
3rd quarter July – September, report due October 31st
4th quarter October – December, report due January 31st of 2016
MCCD will provide additional reports as requested by the City.
5. PERSONNEL
MCCD represents that it has, or will secure, at its own expense, all personnel required in
performing the services to carry out the Initiative. Such personnel shall not be employees of or
have any contractual relationship with the City of Eden Prairie. No tenure or any other rights or
benefits, including worker’s compensation, unemployment insurance, medical care, sick leave,
vacation pay, severance pay, or any other benefits available to City of Eden Prairie employees
shall accrue to MCCD or employees of MCCD performing services under this agreement. The
MCCD is an independent contractor.
All of the services required to carry out the Initiative will be performed by MCCD, and all
personnel engaged in the work shall be fully qualified and shall be authorized or permitted under
State and local law to perform such work.
6. INTEREST OF MEMBERS OF THE CITY AND OTHERS
No officer, member, or employee of the City of Eden Prairie, and no member of its governing
body, and no other public official or governing body of the locality in which the Initiative is
situated or being carried out, who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of the Initiative, shall participate in the decision
relating to this Agreement which affects his/her personal interest or the interest of any
corporation, partnership, or association in which he/she is, directly or indirectly, interested or has
any personal or pecuniary interest, direct or indirect, in this Agreement or proceeds thereof.
7. ASSIGNABILTY
MCCD shall not assign any interest in this Agreement, and shall not transfer any interest in the
same without the prior written approval of the City of Eden Prairie thereto.
8. COMPLIANCE WITH LOCAL LAWS
MCCD agrees to comply with all federal and state laws, statutes and applicable regulations and
the ordinances of the City of Eden Prairie.
9. INSURANCE
MCCD agrees to provide proof of workers’ compensation and comprehensive general liability
insurance. Comprehensive general liability insurance shall be in the minimum amount of
$1,500,000
2
10. HOLD HARMLESS
MCCD agrees to defend, protect, indemnify and hold harmless the City of Eden Prairie, their
agents, officers and employees harmless from and against all liabilities, losses, damages, costs
and expenses, whether personal, property, or contractual, including reasonable attorney’s fees,
arising out of, or related to the administration and operation of the Initiative by the MCCD, and
from any act or negligence of MCCD, its officers, employees, servants, agents, or contractors.
The City of Eden Prairie agrees to defend, protect, indemnify and hold harmless the MCCD, its
agents, officers and employees harmless from and against all liabilities, losses, damages, costs
and expenses, whether personal, property, or contractual, including reasonable attorney’s fees,
arising out of, or related to the administration and operation of the Initiative by the City of Eden
Prairie, and from any act or negligence of the City of Eden Prairie, its officers, employees,
servants, agents, or contractors.
11. NOTICES
A notice, demand, or other communication under the Agreement by either party to the other shall
be sufficiently given or delivered if it is dispatched by mail, postage prepaid, return receipt
requested, or delivered personally; and
(a) In the case of MCCD, is addressed or delivered personally to:
David Chapman, Director of Lending and Operations
Metropolitan Consortium of Community Developers
3137 Chicago Avenue South
Minneapolis, MN 55407
(b) In the case of the City of Eden Prairie:
David Lindahl
Economic Development Manager
City of Eden Prairie
8080 Mitchell Road.
Eden Prairie, MN 55344
or at such other address with respect to any party as that party may designate in writing and
forward to the other as provide in the Section.
12. MODIFICATION
This Agreement may not be modified, changed, or amended in any manner whatsoever without
the prior written approval of all the parties hereto.
13. DATA PRACTICES ACT
MCCD shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat.
Section1301, et seq., to the extent that the Act is applicable to data and documents in the hands of
the MCDDA.
14. CLAIMS
3
To receive any payment on this Contract, the invoice or bill must include the following signed and
dated statement: AI declare under penalty of perjury that this account, claim, or demand is just and
correct and that no part of it has been paid.
15. Contracting Party’s Prompt Payment of Subcontractors.
The contracting Party shall pay to any subcontractor within ten (10) days of the Contracting Party’s
receipt of payment from the City for undisputed services provided by the subcontractor. The
Contracting Party shall pay interest of one and a half percent (1 1/2%) per month or any part of a
month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00.
For an unpaid balance of less than $100.00, the Contracting Party shall pay the actual amount due
to the subcontractor.
16. Audits
The books, records, documents, and accounting procedures and practices of the Contracting Party or
other parties relevant to this agreement are subject to examination by the City and either Legislative
Auditor or the State Auditor for a period of six years after the effective date of this Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first written above.
CITY OF EDEN PRAIRIE METROPOLITAN CONSORTIUM
OF COMMUNITY DEVELOPERS
By: By:
Nancy Tyra-Lukens, Mayor Jim Roth, Its Executive Director
And by;
By _________________________________
Rick Getschow, City Manager
4
Exhibit A
Scope of Services
Open for Business Technical Assistance Services
MCCD will provide one-on-one technical assistance to the City of Eden Prairie businesses, residents and
aspiring entrepreneurs intending to establish, purchase, or improve a business in Eden Prairie. Technical
assistance includes, but is not limited to, the following:
Business plan development
Feasibility analysis
Marketing,
Cashflow and other financial projection development
Operational analysis
City and State licensing and regulatory assistance
Loan packaging, and other assistance in obtaining financing
Help in obtaining competent legal advice
MCCD will also provide technical assistance on a walk-in basis monthly in Eden Prairie City Hall or as
requested at a place of business within Eden Prairie.
Open for Business Access to Capital
Access to capital will be provided to qualifying businesses through MCCD’s Emerging Small Business
Loan Program (see Exhibit B Small Business Loan Program Guidelines below). MCCD also provides
its financing in partnership other community lenders, banks or both.
5
EXHIBIT B
Small Business Loan Program Guidelines
Loan Amounts:
• Up to $25,000 for start-up businesses
• Larger financing packages for established businesses
• Designed to leverage other financing programs as well as private financing provided by the
commercial banking community.
Eligible Projects:
• Borrowers must be a “for-profit” business.
• Business must be complimentary to the existing Eden Prairie business community.
• Borrowers must have equity injection as determined by fund management.
Allowable Use of Proceeds:
• Loan proceeds can be used for working capital, inventory, equipment and general business
operations.
Interest Rates:
• Loan interest rate is dependent on use, term and other factors, not to exceed 10%.
Loan Term Length:
• Loan repayment terms will generally range from three to five years, but may be substantially
longer for major asset financing such as commercial property.
Fees and Charges:
• Borrowers are responsible for paying all customary legal and other loan closing costs.
6
City/County:
Time Frame:
Clients Served:
Client Inquiries 2
New Entrepreneur/Start-up 11
Existing Business 5
Total 18
How did client hear about OTB:
• Municipality (newsletter) 10
• Friends/Family 1
• Internet 2
• Bank Referral 1
• Other 2
Direct & Facilitated Financing approved:
# of loans 2
Amount $151,000
Capital Leveraged: $1,208,484
Jobs retained or created from MCCD
closed loan clients: 91
Program related hours TA/Admin: 90
Types of Services Provided:
Networking/
referrals
Business
Plan
Development
Real estate
analysis
Strategic
planning
Loan
packaging
Record
keeping/
bookkeeping,
Personal
financial
planning,
Lease
review/
negotiation
Financial
Management
Assistance
Tax Advice &
Assistance
Cash Flow
Analysis &
Projections
Marketing
Operation/
logistics
Real estate
analysis
Regulatory
assistance
Eden Prairie
1/1/14-12/31/14
Industry Segment:
Service 4
Retail-food related 3
Retail – Gen Mdse 2
Wholesale/Distribution 2
Manufacturing-other 2
Manufacturing-food 1
Technology 2
Types of Businesses:
Gifts and
housewares
Pervious
concrete
Somali
Grocery and
Halal Meat
Market
Medical
skincare
Minnesota
themed
Clothing line
Craft Beer
distributorship
Safety
equipment
and audit
software
company
Child Care
Center
Integrated
circuit design
Catering Artistic retail
boutique
Updates