HomeMy WebLinkAboutCity Council - 05/02/2017 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,MAY 2, 2017 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 James DeMann, 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 Jan Curielli
Workshop- Heritage Room H(5:30)
I. ASPIRE EDEN PRAIRIE
Open Podium - Council Chamber(6:35)
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,MAY 2, 2017 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, 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. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. SENIOR AWARENESS MONTH PROCLAMATION
B. TREE DONATION (RESOLUTION)
C. HUMAN RIGHTS AWARDS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 18, 2017
B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 18, 2017
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. ADOPT RESOLUTION APPROVING FINAL PLAT OF ROCKWILL
ADDITION
B. APPROVE PURCHASE OF "MICROSOFT OFFICE" LICENSES
THROUGH STATE CONTRACT
CITY COUNCIL AGENDA
May 2, 2017
Page 2
C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON
& MENK FOR PRELIMINARY DESIGN SERVICES FOR DUCK LAKE
ROAD RECONSTRUCTION IMPROVEMENT PROJECT
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO
FOR PRELIMINARY DESIGN SERVICES FOR HOMESTEAD CIRCLE_
RECONSTRUCTION IMPROVEMENT PROJECT
E. AWARD CONTRACT FOR 2017 STREET BITUMINOUS MILL AND
OVERLAY PROJECT TO GMH ASPHALT CORPORATION
F. AWARD CONTRACT FOR 2017 SEALCOATING PROJECT TO ALLIED
BLACKTOP COMPANY
G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE
WATER SCIENCE FOR THE 2017 WATER QUALITY MONITORING
PROGRAM
H. AWARD CONTRACT FOR PURCHASE OF VIDEO CAMERA SYSTEM
TO VIDEOTRONIX INC.
IX. PUBLIC HEARINGS/MEETINGS
A. VACATION OF UTILITY EASEMENT DEDICATED ON STARRING LAKE
FIRST ADDITION OVER LOTS 1 THROUGH 7, BLOCK 2 (RESOLUTION)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE
SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND
COUNCIL MEMBERS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Adopt Resolution Recommending Appointment of Mark Brown to the
Vacant Term on the Board of Mana2ers for Lower Minnesota River
Watershed District
2. Adopt Resolution Recommending Appointments to the Board of
Mana2ers for the Riley-Purgatory-Bluff Creek Watershed District
CITY COUNCIL AGENDA
May 2, 2017
Page 3
B. REPORT OF CITY MANAGER
1. Backyard Chickens
2. Performance Measurement Program
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVIEW
XVII. ADJOURNMENT
ANNOTATED AGENDA
DATE: May 2, 2017
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, May 2, 2017
TUESDAY,May 2, 2017 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
A. SENIOR AWARENESS MONTH PROCLAMATION
Several members of the Senior Council will attend to accept the proclamation from
the Mayor.
B. TREE DONATION (RESOLUTION)
Synopsis: In the spirit of Arbor Day, the VanLangendon family would like to
donate $1040.00 to purchase four new trees to be planted at Rice Marsh Lake Park.
The VanLangendon's made a similar donation last year for three trees that were
planted in the park.
MOTION: Move to: Adopt the Resolution accepting the donation in
the amount of $1040 from the VanLangendon family towards the
purchase and planting of four Serbian Spruce trees at Rice Marsh Lake
Park.
C. HUMAN RIGHTS AWARDS
Several Human Rights & Diversity Commissioners will present the seven Human
Rights Awards.
ANNOTATED AGENDA
May 2,2017
Page 2
The Eden Prairie Manifesto continues the development of a multicultural
community which will not tolerate acts of harassment and intolerance and
establishes, communicates and encourages community standards that respect
diversity and promote acceptance and respect for individuals in an atmosphere of
caring for others.
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,APRIL 18, 2017
B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 18, 2017
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-H on the Consent Calendar.
A. ADOPT RESOLUTION APPROVING FINAL PLAT OF ROCKWILL
ADDITION
B. APPROVE PURCHASE OF "MICROSOFT OFFICE" LICENSES
THROUGH STATE CONTRACT
C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON &
MENK FOR PRELIMINARY DESIGN SERVICES FOR DUCK LAKE
ROAD RECONSTRUCTION IMPROVEMENT PROJECT
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR
PRELIMINARY DESIGN SERVICES FOR HOMESTEAD CIRCLE
RECONSTRUCTION IMPROVEMENT PROJECT
E. AWARD CONTRACT FOR 2017 STREET BITUMINOUS MILL AND
OVERLAY PROJECT TO GMH ASPHALT CORPORATION
F. AWARD CONTRACT FOR 2017 SEALCOATING PROJECT TO ALLIED
BLACKTOP COMPANY
G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE
WATER SCIENCE FOR THE 2017 WATER QUALITY MONITORING
PROGRAM
ANNOTATED AGENDA
May 2,2017
Page 3
H. AWARD CONTRACT FOR PURCHASE OF VIDEO CAMERA SYSTEM
TO VIDEOTRONIX INC.
IX. PUBLIC HEARINGS/MEETINGS
A. VACATION OF UTILITY EASEMENT DEDICATED ON STARRING LAKE
FIRST ADDITION OVER LOTS 1 THROUGH 7, BLOCK 2 (RESOLUTION)
Synopsis: There has been a request to vacate the utility easement dedicated over
Lot 5, Block 2, on the plat of Starring Lake First Addition. The easement, as
platted on Block 2, runs through the center of Lots 1 through 7 and a number of
homeowners now have auxiliary structures encroaching on the easement. Since
there is no public utility use of the easement, Engineering Staff recommends that
the entire easement be vacated to eliminate the encroachments. The utility
easement to be vacated was originally dedicated with the plat of Starring Lake First
Addition. There is an auxiliary structure on Lot 5 encroaching in the easement and
in order to clear the title on the lot, the property owners would like this easement
vacated. Upon reviewing the request, Engineering Staff noticed a number of other
auxiliary structures on other lots encroaching on the easement. After contacting
other public utilities and property owners, it has been determined that the utility
easement is not in use. Vacating the easement will eliminate the number of
encroachments.
MOTION: Move to:
• Close the public hearing; and
• Adopt the resolution vacating all the Utility Easement as dedicated
on the plat of Starring Lake First Addition, over Lots 1 through 7,
Block 2, Hennepin County, Minnesota.
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE
SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND
COUNCIL MEMBERS
Synopsis: City Code Section 2.05 is being amended to provide for automatic,
biannual cost-of-living increases to the salaries of the mayor and council members,
as well as potential lump-sum increases.
Pursuant to direction from the Council, we have prepared an amendment to Section
2.05 that would implement automatic cost-of-living increases to the salaries of the
mayor and council members. The cities of Edina, Plymouth, and Woodbury
currently provide for these types of increases in their ordinances. The draft
ordinance ties the increase to the percentage increase in the Compensation Limit for
Local Government Officials (the so-called "Governor's Salary Cap"). Because
Minnesota Statutes § 415.11 allows salary increases to take effect only after the
ANNOTATED AGENDA
May 2,2017
Page 4
next municipal election, these cost-of-living increases would be implemented
biannually. Each increase would become effective on January 1 after the preceding
regular City election, held in even-numbered years.
In addition, we have included blank lines in subdivisions 1 and 2 of the amended
Section 2.05 for the Council to discuss and decide whether it wants to adopt lump-
sum increases in mayor and councilmember salaries. Under Minnesota Statutes §
415.11, discussed above, any increase would take effect on January 1, 2019.
MOTION: Move to approve First Reading of Ordinance Amending City
Code Section 2.05 Relating to Salaries of the Mayor and Council
Members.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Adopt Resolution Recommending Appointment of Mark Brown to the
Vacant Term on the Board of Managers for Lower Minnesota River
Watershed District
Synopsis: There is currently a vacant manager position on the Lower
Minnesota River Watershed District(LMRWD). Appointments to a
watershed district's board of managers are made by the County Commission
in which the district falls. The City Council has previously expressed its
desire to play an active role is recommending residents for appointment.
The attached resolution officially proclaims the City Council's support for
the appointment Mark Brown to the LMRWD board of managers.
MOTION: Move to adopt a resolution recommending the
appointment of Mark Brown to the vacant term on the Board of
Managers for the Lower Minnesota River Watershed District.
2. Adopt Resolution Recommending Appointments to the Board of
Managers for the Riley-Purgatory-Bluff Creek Watershed District
Synopsis: Two manager positions on the Riley-Purgatory-Bluff Creek
Watershed District(RPBCWD) are set to expire in July of 2017.
Appointments to a watershed district's board of managers are made by the
County Commission in which the district falls. The City Council has
previously expressed its desire to play an active role is recommending
residents for appointment. The attached resolution officially proclaims the
City Council's support for the appointment of certain individuals to the
ANNOTATED AGENDA
May 2,2017
Page 5
watershed district board. Eden Prairie residents Jim Bracke, Paul Bulger,
Perry Forster, Pete Iverson, John Kirk, and Dick Ward have submitted
letters of interest to serve on the RPBCWD board of managers. The Council
resolution needs to include a minimum of three persons for each term
expiring, but can included as many as six.
MOTION: Move to adopt a resolution recommending the
appointment of to the first term expiring, and
to the second term expiring on the Board of
Managers for the Riley-Purgatory-Bluff Creek Watershed District.
B. REPORT OF CITY MANAGER
1. Backyard Chickens
Synopsis: In 2015, following receipt of a resident petition, the City Council
asked city staff to study allowing backyard chickens in the city. The city's
Zoning Administrator researched the issue and presented his findings to the
Council in late 2015. At that time, the City Council decided to defer taking
action until after the 2016 Resident Quality of Life Community Survey,
when statistically significant gauge of resident opinion about backyard
chickens could be obtained.
The survey results are now available and show that 27% of those surveyed
strongly support allowing chickens, 32% somewhat support it, 25% strongly
oppose it and 17% somewhat oppose it.
Other Communities
Of the five cities that share a border with Eden Prairie, four allow backyard
chickens -Minnetonka, Edina, Bloomington and Shakopee. Similar to Eden
Prairie, Chanhassen only allows chickens in agricultural districts.
The Zoning Administrator also contacted five other suburbs similar in size
to Eden Prairie: Eagan, Woodbury,Apple Valley, Plymouth and Maple
Grove. Of those, only Eagan allows backyard chickens. Woodbury allows
chickens in agricultural districts and the others do not allow chickens at all.
Issues
At-Large
Most cities report 0-2 instances of chickens at-large per year. When compared to
other at-large animal issues, chickens at-large don't seem to be a problem. To
illustrate,below are Eden Prairie dog and cat at-large statistics for the past two
years:
o 2016: Dog at-large=379, Cat at-large= 80. Total=459
o 2015: Dog at-large=340, Cat at-large=55. Total=395
o Eden Prairie has a licensing requirement for dogs,but not for cats.
ANNOTATED AGENDA
May 2,2017
Page 6
Feces/Odor
With the exception of Minnetonka(which had two issues in 17 years),no city
reported any complaints involving feces or odor.
Noise
No city polled allows the keeping of roosters(roosters are responsible for
crowing). The most mentioned violation for noise is when an improperly sexed
chick grows into a rooster. The poll shows that this issue is quite uncommon,but
when it occurs it is quickly dealt with.
Impounding
Because at-large calls are rare(and due to a chicken's propensity to stay near its
home coop if it were to somehow get out),the instances of impounds are extremely
low. Edina opts not to impound chickens at all and in most other instances; cities
are usually successful in locating the chicken's owner.
Tracking/Registration/Permitting:
Because noise, odor and at-large calls are uncommon to non-existent,most cities
don't find value in devoting staff time to registering,tracking and inspecting
chickens.
Slaughtering
No city polled has reported any instances or complaints of slaughtering.
Property Value Impact
No city has tracked or researched this issue.
2. Performance Measurement Program
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. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVIEW
XVII. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
ITEM NO.: IV.A.
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, the increasing number of seniors in Eden Prairie bring many opportunities and
challenges for all components of our City— families, businesses, and government; and
WHEREAS, every segment of our society is influenced by the needs, resources and expertise
of our senior; and awareness improves participation and action; and
WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education,
sharing years of accumulated experience and wisdom which will impact our future; and
WHEREAS, the community wishes to celebrate and acknowledge the contributions and
accomplishments of the seniors in our community and recognize the organizations that serve
older adults; and
WHEREAS, Senior Awareness Month recognizes that seniors are an integral part of our
community.
NOW, THEREFORE, the Eden Prairie City Council does proclaim May 2017 to be
SENIOR AWARENESS MONTH
ADOPTED BY the Eden Prairie City Council on this 2°' day of May 2017.
ji3t4.„,
Nancy Tyra Lukens, Mayor
on behalf of Council Members:
Brad Aho
Sherry Butcher Wickstrom
Ron Case
Kathy Nelson
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.
Jay Lotthammer, Director, Donation from the VanLangendon Family
Parks and Recreation for Trees at Rice Marsh Lake Park
Requested Action
Move to: Adopt the Resolution accepting the donation in the amount of$1040.00 from the
VanLangendon family towards the purchase and planting of four Serbian Spruce
trees at Rice Marsh Lake Park.
Synopsis
In the spirit of Arbor Day, the VanLangendon family would like to donate $1040.00 to purchase
four new trees to be planted at Rice Marsh Lake Park. The VanLangendon's made a similar
donation last year for three trees that were planted in the park.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2017-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City in the amount of$1040.00 to be used for four Serbian Spruce trees to be
planted at Rice Marsh Lake Park from the VanLangendon Family is hereby recognized and
accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 2nd day of May, 2017.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Presentations May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.
Janet Jeremiah, Community
Development Director. Molly Human Rights Awards
Koivumaki, Housing & Community
Services Manager
Synopsis
Several Human Rights & Diversity Commissioners will present the seven Human Rights
Awards.
The Eden Prairie Manifesto continues the development of a multicultural community which will
not tolerate acts of harassment and intolerance and establishes, communicates and encourages
community standards that respect diversity and promote acceptance and respect for individuals in
an atmosphere of caring for others.
Individual Award: Nausheen Malik
Presenting the Award: Commissioner Harvey Humes
Nausheen upholds the values of the Eden Prairie Manifesto through her work to help Muslim
school-age students strengthen their Muslim identities and address issues they face on school
playgrounds. Nausheen expanded her efforts to include students of all racial and ethnic
backgrounds. It is out of her concern as a Mom that she has helped organize a safe haven for
kids to discuss their differences and identify the things all people have in common.
Individual Award: Sue Borchert
Presenting the Award: Commissioner Rehmatbai Sumra
Sue upholds the values of the Eden Prairie Manifesto by creating an environment where
individuals are listened to, respected and cared for. Sue initiated a Saturday Night Out Club for
those with and without disabilities to get together and "hang out", doing what typical kids like to
do. The Saturday Night Out Club gets kids out and about in the community, which shows the
community that those with disabilities are more alike and less dissimilar than people without
disabilities.
Individual Award: Jill Boyd
Presenting the Award: Commissioner Ann Martinka
Jill upholds the values of the Eden Prairie Manifesto by creating an inclusive environment for
students with special needs to enjoy the same high school rite of passage as typical students. For
the past eight years, Jill has overseen a PROM event which pairs students with special needs
with typical students. With all of the trappings of a PROM, including a grand march, dinner,
dance and formal attire, the students feel welcome, respected and loved on their special night.
Individual Award: Patricia Fenrick
Presenting the Award: Commissioner Shahram Missaghi
Patricia upholds the values of the Eden Prairie Manifesto by creating outreach and educational
opportunities for residents, staff and city officials to learn about the different cultures that make
up our community. As the HRDC Staff Liaison, Patricia planned numerous events to bring new
residents together with longtime residents, to promote communication and understanding.
Patricia was a champion for people living with disabilities, and worked hard to understand the
barriers they face and how to reduce those barriers.
Youth Award: Haley Fuchs
Presenting the Award: Student Commissioner Angie Lin
Haley upholds the values of the Eden Prairie Manifesto by helping students with disabilities
succeed socially and academically. Haley is authentic in her desire to help students participate
fully in life and school activities. Her care and compassion for people with disabilities are
sincere and she is a natural role model for students and adults in how to not be afraid of people
with disabilities. Haley helps students feel "typical"and experience life outside of the label of
"special needs. "
Youth Award: Abdinasir Nourkadi (Nasir)
Presenting the Award: Student Commissioner Ashwin Senthikumar
Nasir upholds the values of the Eden Prairie Manifesto by helping to give voice to those who
might not otherwise feel safe or confident to speak up and engage in public discourse. As a first
generation immigrant, he has a passion for public service. Nasir possesses a remarkable sense of
civic virtue and political efficacy. He has an exceptional curiosity of the inner workings of
government, in the hopes that he can one day put that knowledge to use helping others.
Youth Award: The Miracle Field Boys: Trey Cavello, Bailey Demets, Matt Dolan, Mike
Espe,Logan McCarthy,Nolan Sullivan, Connor Young,Jack Zigan.
Presenting the Award: Student Commissioner Carter Rislove
The Miracle Field Boys uphold the values of the Eden Prairie Manifesto by making sure that all
young people have the opportunity to enjoy the benefits of athletics, competition and team work,
regardless of their disabilities. Five years ago, after watching a Miracle League game being
played in another community, this group of young men decided that Eden Prairie needed its own
Miracle Field. This group understood the importance of all children to feel included and the
efforts they took to make an opportunity for all children to be able to enjoy the summertime
activity of playing baseball, regardless of their abilities, shows an attitude of inclusiveness and
respect.
Human Rights and Diversity Commission members are:
• Sana Elassar, Chair
• Greg Leeper, Vice Chair
• Leslie Philmon
• Shahran Messaghi
• Ann Martinka
• Joan Howe-Pullis
• Harvey Humes
• Katherine Lucht
• Rehmatbai Sumra
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,APRIL 18, 2017 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, Ron Case and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Recorder Jan Curielli
Workshop- Heritage Room II
I. COUNCIL GOALS
Mayor Tyra-Lukens opened the workshop meeting at 5:15 p.m. She said the Council will be
doing strategic planning tonight. Getschow said we are starting early this evening because we
may need more than an hour for the discussions.
Review of 2016 Work Plan and Work Plan for 2017
Getschow gave a PowerPoint overview of the department work plans. He noted the Directors
and he worked with the departments and employee work groups to provide a list of department
and division strategic items and to determine their unique objectives. He reviewed the
accomplishments during 2016 and the goals/priorities in the 2017 work plan for several
departments within the Community Development Division. He noted the Public Works
Department received a Local Government Innovation Award in 2016 for the vacuum dredge
box. He reviewed other accomplishments made by Public Works including the innovative
street rehabilitation program. They plan to start the update of the utility rate and franchise fee
in 2017, in part because there has been some legislation at the State level to limit aspects of a
city's ability to impose such fees. Ellis described the proposed legislation regarding franchise
fees. They expect the legislation to be adopted after August 1 of this year.
Getschow reviewed the 2016 accomplishments for the Parks &Recreation Department,
including the grand opening of the Aquatics Center expansion. He said they will be reviewing
their fitness offerings in 2017 and will work on events and programs at the Community Center.
They also plan to assess turf areas on City property to convert some of those to be pollinator-
friendly plantings. In addition, Riley Lake Park will be redeveloped, and there will be a Grand
Opening of Cedar Hills Park. They expect to continue efforts to revitalize community events in
Eden Prairie.
Getschow said the Police Department spent a lot of effort in 2016 on human trafficking. They
plan to continue to do diversified recruitment for the police force and are looking for an all-in-
City Council Workshop Minutes
April 18, 2017
Page 2
one communication device to replace the need for police officers to carry several such devices.
In 2016 the Fire Department implemented online inspection scheduling and brought in 11
recruits. In 2017 the Fire Department will celebrate their 50th anniversary. They also want to
implement electronic review of plans and permit submittal.
Getschow said the Administration Department will be looking at multi-year health and dental
contracts. The Finance Department will begin work on the 2018/2019 budget process. He noted
there was an 85%voter turnout in Eden Prairie for the 2016 election, including 12,000
absentee or early voters. He reviewed several projects planned by the Facilities Department for
2017.
Getschow said other topics for discussion tonight are an overview of the Council's 2016 goals,
the watershed districts, and the Council's 2017 goals. Tyra-Lukens asked to start with
discussion of the watershed districts.
Watershed Districts
Ellis said two years ago the subject came up about exerting more influence on the Watershed
Districts. In 2016 Peter Iverson ran for the Riley-Purgatory-Bluff Creek Watershed District
Board but was not appointed. This year they have tried to find more people, and thus far five
residents have submitted letters of interest to serve on the Board. In addition, Mr. Getschow
has spoken with Perry Forester, and he is planning to run again. Ellis said if the City were to
adopt a resolution with at least three names of Eden Prairie residents, the County will be
obligated to choose someone from that list if they choose someone from our community.
Candidates are interviewed in July and August for the five-person Board. He noted Mr.
Forester's term is expiring this year.
Getschow said staff has talked to our two Hennepin County Commissioners and providing a
list of candidates is not common. The only risk for providing a list would be if someone
wanted to be on the Board but didn't reach out to the City. That would mean the individual's
name would not be on the City's list. He said we plan to treat this like a commission
appointment. The letters from the candidates will be available at the next Council meeting, and
the Council could select the names to include on the list. Getschow said staff talked with each
of the applicants and discussed everything the Council has talked about the last few years
regarding watershed district issues. Ellis said the State statute says the resolution must list
names for each opening, but the two lists could be identical.
Aho asked if there are term limits. Getschow said there are none. Nelson noted we have
requirements for the Commissions and should follow the same type of term-limit rules for the
watershed district boards. Case commented we should honor the practice we have internally.
Getschow said there will be at least six letters for the Council to consider, and the Council can
then pick the names to put on the list.
City Council Compensation:
Getschow distributed a memo with information about Council salaries in other metropolitan
cities. Tyra-Lukens said she has heard rumors that some cities are starting to do City Council
City Council Workshop Minutes
April 18, 2017
Page 3
salary adjustments to tie to the cost of living adjustment(COLA). We last updated the Council
salaries in 2012. Getschow said the Council salaries would be scheduled for an update in 2018;
however, the Council can take action any time between now and next year, to be effective in
January of 2019.
Tyra-Lukens noted Bloomington and Maple Grove have a per diem in addition to the existing
salary. They also have the highest salaries in the group. She asked if the law has changed
regarding auto adjustments because the handout indicates Woodbury and others do. Rosow
replied several communities have done that, and he thought it is allowable under the State
statute. We would have to adopt an ordinance that sets forth the auto adjustment amount. He
reviewed the provision that Edina uses for the auto adjustment.
Tyra-Lukens asked if the adjustment is an average of the previous two years cost of living
increases. Rosow replied it doesn't say how they compute it. Nelson asked if we have been
doing an adjustment every ten years. Aho replied there was no period set. Tyra-Lukens said we
would have to make a larger adjustment if the time period is longer.
Butcher Wickstrom commented she didn't get any feedback after the last increase. Aho
commented he was surprised we are so close to average. Case said he did not think it is our
goal that Eden Prairie is just average, and he was okay with the COLA increases.
Aho said he was not seeing a real need to change; however, we might want to evaluate what it
would do for people that want to get on the City Council in the future. We should create a
positive environment for someone who wants to serve on the City Council, and he would be
open to seeing an adjustment. Tyra-Lukens noted we want to attract people who may be busy
with families to represent that part of our community.
Getschow said the COLA takes away the discomfort of setting your own salary. It keeps the
average moving as you see it changes with the COLA. Butcher Wickstrom commented it
removes the potential political aspect.
Nelson said she could go along with that, but it would still be hard for younger families to
consider running because we spend a lot of time on what is essentially community service with
just a small stipend.
Tyra-Lukens asked staff to find out about the question regarding the calculation of the two-
year average and to draft something for the Council to review.
Review of Council's 2016 Goals and 2017 Goal Planning
Getschow gave an overview of what the City Council discussed at last year's Council goal
setting workshop.
Tyra-Lukens commented it is amazing how we have changed so much from a City in the early
1990's that was developing so rapidly. Now staff can focus on the things we want to do. She
noted a lot of things on her list have been accomplished.
City Council Workshop Minutes
April 18, 2017
Page 4
Aho reviewed his goals, starting with a goal to complete our conversion to electronic formats
for everything possible in order to keep Eden Prairie as a good place to work and a good place
to do business. He said we should revisit anything that hasn't been converted to electronic
format and see if there is a way to do it in a cost effective way. Another of his goals was a
business incubator concept to encourage businesses. He noted Dave Lindahl has been looking
into that. It would be good to work with our businesses on ways we can be a catalyst to help
find employees with the right skill sets for the right companies. He thought that could be done
at a minimum cost and would help to keep our young people living here. He noted we learned
about an interesting concept in Boston where the city acted as a facilitator with the business
community.
Nelson said she always liked the idea of helping businesses update their technology. We have
discussed the need for higher than average salaries in order for people to be able to afford our
average priced home. She would also like to get an International Festival going again.
Getschow noted staff is working on the July 3 and 4 event with the Human Rights & Diversity
Commission and the individuals who were interested in serving on the commission but who
were not placed. There has also been some talk about having that as a separate event. Nelson
said we used to do it that way, and she would like to get back to that format. Another of her
goals is to have a specific, measurable energy goal, such as 1-2% of energy saved each year, to
keep us looking for all the things we could be doing. Her third goal would be to encourage
accessible and walkable areas for the senior communities so that seniors can stay flexible as
they age.
Getschow said the Parks Department has reported the presence of the emerald ash borer in the
City. Lotthammer said it has been found in a couple different areas. Nelson said we need an
action plan on how to deal with it because we have a lot of ash trees in our community.
Tyra-Lukens would like to see organics recycling, whether we have a central location or an
active pickup of organics.
Case said he plans to go to the housing forum on Thursday, and it appears that event has
become a little controversial. We need to continue telling our story and to be clear what we are
doing and what we can do. He thought we have done a fairly decent job of encouraging
affordable housing in the City. Part of our discussion is whether we want to continue to look
for ways to incentivize affordable housing without additional investment. We have the
potential to increase the HRA funding for housing initiatives. Another of his goals was to
encourage use of alternative energy sources. During the recent trip to Washington, D.C., the
Council Members learned more about rooftop solar. With the Federal government choosing not
to be involved in environmental initiatives, he thought cities across the country must become
involved. The City of Edina is working on this, and individuals such as Elon Musk have been
investing in major solar farms. It is important for the City to do what it can to get on the solar
bandwagon. Getschow said we could connect with the company that helped with the popular
Solar Power hour.
Case said he would also like to see some kind of celebration of diversity with the idea that our
immigrant communities are growing and are becoming more comfortable with expressing their
culture and background. He agreed that we should have a specific separate event for that. It
would help build a sense of community and would show the amazing cultural assets we have in
City Council Workshop Minutes
April 18, 2017
Page 5
the City. Getschow said we have the survey data we can use to get some data about
participation in City events by different groups.
Butcher Wickstrom said she wanted to encourage life cycle housing. It is clear to her that we
need to attract the age group that is just starting out so our kids have an incentive to come back
to Eden Prairie. That might be done by having amenities such as a brewery where dogs are
welcome. We need to appeal to a broader age group and may need to look at businesses that
will attract certain age groups. She noted at one point we did not have a breakfast restaurant,
and Dave Lindahl recruited the Original Pancake House. Tyra-Lukens commented we don't
have many unique restaurants in town. Butcher Wickstrom said communication is also very
important, especially communications that encourage new people coming into the City to
become active community members.
Butcher Wickstrom said she wanted to be sure to keep a focus on our unique historic
properties. She also sensed people want to do more with community gardens, and we should
encourage those, even if only in small areas around the City. Getschow noted he still gets email
regarding why we don't have a farmers' market. Nelson said most other metropolitan
communities have farmers' markets. Butcher said we are training our children to think about
gardens in the schools, and we do have gardens at some schools.
Butcher Wickstrom said during the Washington, D.C. trip we discussed thinking differently
about how we move people around. We received wonderful information about such ideas as
using businesses like Enterprise instead of buses to move people around. She said we need to
keep in mind what roles we might play to help define what public transportation will look like
in the future, and how we can partner with businesses for that.
Aho said the subject of lake water quality is important. Our water resources are a very
important community asset. We have done a good job of improving the water quality at Round
Lake. The watershed district is working on that, but there may be something else for us to do as
a community to focus on the quality of our water resources.
Nelson said she has had people ask if they can have solar or wind energy. She thought we need
some kind of a basic statement regarding allowing solar or wind energy.
Butcher Wickstrom commented we should be proud of ourselves for what we have
accomplished.
Open Podium - Council Chamber
IV. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,APRIL 18, 2017 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. HENNEPIN COUNTY ATTORNEY MIKE FREEMAN
Hennepin County Attorney Mike Freeman commended Police Chief DeMann on
the well-educated and well-trained police officers in Eden Prairie. He said Eden
Prairie has a remarkably low crime rate, and the community organizations make a
lot of difference in that. He reviewed some of the issues faced by his office, such
as opioid and other drug problems,juvenile diversion, school truancy and curfew,
and gun violence.
Tyra-Lukens thanked Mr. Freeman for his work. She noted his office gets things
done in a very small and cramped space She commented the Jamar Clark case
must have been a very difficult one.
B. PRESENTATION OF SUN CURRENT READERS' CHOICE "BEST REC
CENTER" AWARD FOR THE EDEN PRAIRIE COMMUNITY CENTER
Valerie Verley, Community Center Manager, said the Community Center has
almost 1,000,000 visitors annually, and family memberships are up 30% since the
new Aquatics Center opened. She presented the award to Mayor Tyra-Lukens, and
CITY COUNCIL MINUTES
April 18, 2017
Page 2
noted this is the third year the Community Center has received the "Best Rec
Center" award.
C. ACCEPT DONATION TOWARD ARTS IN THE PARK FROM
ANDERSEN WINDOWS (Resolution No. 2017-44)
Lotthammer said this is a $500 donation towards Arts in the Park from Andersen
Windows. He noted this event is gaining a lot of support.
MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No.
2017-44 accepting the donation of$500 from Andersen Windows to go towards
the Arts in the Park event. Motion carried 5-0.
Tyra-Lukens noted Arts in the Park event will take place on May 20 at Purgatory
Park.
D. ACCEPT DONATION TOWARD ARTS IN THE PARK FROM SKIN
ENVY(Resolution No. 2017-45)
Lotthammer said this is a $500 donation from Envy Skin Clinic towards Arts in the
Park.
MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2017-45
accepting the donation of$500 from Envy Skin Clinic to go towards the Arts in the
Park event. Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Case moved, seconded by Butcher Wickstrom, to approve the agenda as
published. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 4, 2017
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of
the City Council workshop held Tuesday, April 4, 2017. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 4, 2017
MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City
Council meeting held Tuesday, April 4, 2017. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
CITY COUNCIL MINUTES
April 18, 2017
Page 3
A. CLERK'S LICENSE LIST
B. ROCKWILL ADDITION by B Cubed, LLC. Approve Development Agreement
C. CEDARCREST STABLES by Pemtom Land Company. Second reading of
Ordinance 7-2017-PUD-2-2017 for Planned Unit Development District review
with waivers on 10.65 Acres and Zoning District change from Rural to R1-13.5 on
10.65 Acres; Resolution 2017-46 for Preliminary Plat of one lot into seventeen lots
on 10.65 acres (Ordinance No. 7-2017-PUD-2-2017 for PUD District review
with waivers and Zoning District change and ResolutionNo. 2017-46 for
Preliminary Plat)
D. REJECT BIDS FOR ENTRY MONUMENT SIGN PROJECT AT THE
INTERSECTION OF ANDERSON LAKES PARKWAY AND TH 169
E. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
WITH FOTH FOR DEVELOPMENT OF A SOLID WASTE
MANAGEMENT PLAN
F. APPROVE CONTRACT WITH PLAYPOWER LT FOR RICE MARSH
LAKE PLAY STRUCTURE
G. APPROVE CONTRACT WITH BLACKSTONE CONSTRUCTION FOR
EDENBROOK BOARDWALK PROJECT
H. AWARD CONTRACT WITH INSITUFORM TECHNOLOGIES USA, LLC
FOR ANTLERS RIDGE STORM SEWER REPAIR PROJECT
MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-H
on the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. KOPESKY 2 ADDITION by HTPO. Resolution 2017-47 for Planned Unit
Development concept review on 4.14 acres; First reading of the Ordinance for
Zoning District change from Rural To R1-13.5 on 4.14 Acres; Resolution 2017-48
for Preliminary Plat of one lot into eight lots on 4.14 Acres (Resolution No. 2017-
47 for PUD Concept Review; First reading of the ordinance for PUD district
review with waivers and Zoning District change; and Resolution No. 2017-48
for Preliminary Plat)
Getschow said the property is located on the northeast corner of 82nd Street West
and Dell Road and is 4.14 acres in size. The site previously included one single-
family house and a garage. Both structures were demolished in the fall of 2016
when the well and septic systems were removed and abandoned. The subject
property is currently zoned Rural and is guided for Low Density Residential
development in the City's Comprehensive Plan. Low Density Residential
CITY COUNCIL MINUTES
April 18, 2017
Page 4
development allows for a density range between 0-2.5 units per acre. The applicant
is also requesting approval of a Planned Unit District review with waivers. Three
of the waivers are necessary because of the proposed outlot on the site, and the
other is a result of the longer length of the cul-de-sac, which is an existing
condition. Getschow said the Planning Commission considered this item at two
meetings and ultimately voted 4-1 to recommend approval of the project at the
March 27, 2017, meeting.
Charlie Howley, chief engineer for HTPO, gave an overview of the project. He
said the property will be developed with a cul-de-sac. The wetland on the north
will not be impacted and will be dedicated to the City as an outlot. He noted they
are located in two sub-watersheds. The property does have some steep slopes;
however, none exceed the ordinance. There will be eight lots developed, with Lots
1-3 as walk-outs. The retaining wall to the south on 82nd Street will be removed, as
will part of the retaining wall along Dell Road. They held a neighborhood meeting,
met with development staff, and had two meetings with the Planning Commission.
They revisited the tree protection and grading for the site, added some smaller
boulder-type retaining walls, and pushed some houses back further in order to save
some trees.
Butcher Wickstrom asked about the concern that was brought up in the Planning
Commission meeting regarding lighting. Mr. Howley replied they did not show
any lighting in the cul-de-sac area in the original plan, and it was suggested that
there should be a street light at the end of the cul-de-sac. He believed City staff is
still reviewing where and how many lights should be placed. Ellis said staff is
planning on a light at the end of the cul-de-sac to be installed by the developer and
are also considering putting a street light on Dove Court at City cost.
Case said this is a good test of our revised tree ordinance. He noted when he
walked the property it seemed like a couple of trees on the north side of Lot 7
would meet the definition of a heritage tree. He asked how the new revision
impacted this project. Mr. Howley replied they have five heritage trees on the site;
however, one of them was in poor condition so it does not factor in. They are using
the latest ordinance so they did pay more attention to the heritage trees because the
replacement criteria are much higher. They have rearranged the house on Lot 7 for
a heritage tree.
Case said his question was how did the revised tree ordinance work for this
project. Jeremiah said the tree preservation ordinance did seem to work well. They
had adequate space to do replacements and were able to meet the requirements in
the number. The heritage trees helped them with less replacement.
Case asked if the evergreen trees on the east corner of Lot 8 are saved. Jeremiah
replied the plans appear to show those have been saved. Case asked about the tree
mass that covers the back of Lot 5 that might be eliminated if the area were
trenched. Mr. Howley said that tree mass is going out because the site had to be
graded to make the lot developable, not because of the trenching.
CITY COUNCIL MINUTES
April 18, 2017
Page 5
Nelson asked if there will be any problems with school buses or fire engines
turning around in the cul-de-sac. Mr. Howley said he did not see any negative
impact to transportation movement since it is a standard-sized cul-de-sac.
Nelson asked if the new tree preservation ordinance addresses the question of a
new homeowner being required to keep the heritage trees that were saved.
Getschow responded the ordinance does not place restrictions on individual home
owners. Nelson said at some point she was not sure the homeowner shouldn't be
responsible for keeping the heritage trees in good health. Getschow said that was
the Council's decision as to the current tree preservation code; however, it is not
the same situation with commercial. We reinforce those restrictions with
development agreements for commercial properties.
Steve Davies, 18290 Dove Court, said he owns the property just north and east of
the cul-de-sac. He said the Planning Commission did a nice job of listening to the
concerns of the neighbors. The comment was made by a Planning Commission
member that the neighbors were mistaken to think this development was part of the
existing neighborhood; however, it is clear to anyone who drives down Dove Court
that this is part of that neighborhood. He said the neighbors are interested in
getting rid of the dead-end turn around and want to finish the neighborhood
consistent with the development that is already there. He was concerned that the
core area of the development will be clear cut, and there will be a substantial
mismatch with the existing neighborhood. The plans for the development leaves
the beautiful trees only around the circumference of the project. He asked that the
tree preservation plan for the development be reconsidered to be more consistent
with the neighborhood.
Rick Wall, 18266 Dove Court, was concerned about the tree preservation on the
property and that the homes to be built should be consistent with the Pines II
development. He said six heritage trees are listed and four of them will be
eliminated. He showed photos of trees that have been cut down on the property,
and said he assumed those trees were not included in the count. He was concerned
about how the property will look when they are done with the development. The
development plan does not show the scraped earth in the center of most of the
project. He asked the Council to help the neighbors by encouraging the developer
to save some of the trees, consistent with the way trees were saved in the original
Pines II development.
Laura Wall, 18266 Dove Court, said she attended the March 27 Planning
Commission meeting where one of the commission members asked the developer
about having seven houses versus eight. There was no answer to that question, and
she believed seven lots would be much better for everyone concerned and would
help to save more trees.
MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion
carried 5-0.
CITY COUNCIL MINUTES
April 18, 2017
Page 6
Case said he appreciated the comments from the neighbors and thanked them for
coming to the meeting. He noted infill projects are always difficult, and the longer
they wait to develop an area, the more difficult the projects are. Our ordinances
have helped administer our guide plans as consistently as we can since 1968. The
Council's job is to do the best we can with development in the City. We give
variances to help the City gain something. We are not in the business of helping
developers make money or not make money. In theory, a developer could come in
and build ten homes on this property. When they come in with eight carved around
the wetlands and with tree preservation considered in the plans, it is clear they
have done a lot of work. The tree preservation ordinance was developed in 1995
and was one of the first of its kind in our State. We have always been careful about
owner rights for both the developer and the existing property owners. Our tree
preservation ordinance does not prevent any owner from taking down a tree;
however, we incentivize them not to do that. We have been so successful in
preserving trees that we now have more trees in Eden Prairie than any time back
thousands of years. The revisions to the tree preservation ordinance changed the
ordinance to be more practical. He was comfortable with the variances for this
development; however, he would like to send the recommendation back to the
developer because they should want to save as many trees as possible.
Case said we have also talked for many years about trying to connect
neighborhoods, and we have an opportunity to do that here by putting a public
right-of-way easement for a trail out to Dell Road.
Nelson agreed that the eight houses are appropriate. She asked about the
anticipated price point for the homes. Jeremiah replied will average about
$800,000 for the lot and home. Nelson noted that would be significantly more than
the values of homes on Dove Court. Jeremiah said there is some variety in price
but not substantially more.
Nelson asked what kind of ash trees are in the wooded area of the property.
Jeremiah said there are quite a few green ash, some of which are scheduled to
remain while several will be removed. Nelson said the emerald ash borer should be
a consideration for this developer because we now have the emerald ash borer in
Eden Prairie. Aho noted there are 22 ash trees listed on the plans which is about
1/5 of the trees.
Nelson said she liked the fact the developer is taking good care of the wetland and
put together a plan that has a good number of trees. She would encourage staff to
see if there are additional trees that could be saved before second reading. She
asked if they plan to clear cut the property. Mr. Howley replied the current plan is
to grade this out. The developer is working with a couple of custom home builders,
and, if that happens, they could possibly make some adjustments to save more
trees. Nelson said it would be good to save trees if they can.
Nelson said she was satisfied with the development. She was not sure they will
have the same style houses as the Pines II development because things have
CITY COUNCIL MINUTES
April 18, 2017
Page 7
changed over the years. She hoped they will choose to save varieties of trees that
are not ash trees.
Aho said the lot density appears to him to be pretty consistent with the existing
neighborhood. We all want to save as many trees as we can, and he thought the
developer will want to as well. He was not as concerned about the tree density
because that will change a lot from what it is now. It will be a big change for those
who live there now and have gotten used to the look; however, we can't stop
development if the development meets our guide plan and zoning requirements. He
was in favor of the project.
Tyra-Lukens commented it is hard to develop land in the same way earlier
developments were done. She noted we all value trees on the property, and she
hoped there will be an effort to preserve as many trees as possible.
Butcher Wickstrom commented she has lived in a situation where a cul-de-sac was
developed, and it was painful for the neighbors; however, we got new neighbors,
and it turned out to be a beautiful neighborhood. She thought the waivers were
reasonable.
MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution
2017-47 for Planned Unit Development concept review on 4.14 acres; to approve
1st reading of the ordinance for Planned Unit Development district review with
waivers, and Zoning district change from Rural to R1-13.5 on 4.14 acres; to adopt
Resolution No. 2017-48 for Preliminary Plat on 4.14 acres into eight lots and one
outlot; and to direct staff to prepare a development agreement incorporating staff
and Commission recommendations and Council conditions.
Case said he wanted to verify that the outlot is deeded to the City. Rosow said his
understanding after talking with staff is that the outlot will be deeded to the City as
a requirement in the development agreement.
AMENDMENT TO THE MOTION: Case moved, seconded by Nelson, to
specify that a trail be put between Lots 2 and 3 to connect out to Dell Road and to
bring back the revisions to second reading.
Ellis said staff could take a look at the water and sewer easements and work with
the developer to find the best location for a trail.
VOTE ON THE AMENDMENT: Motion carried 5-0.
VOTE ON THE MOTION AS AMENDED: Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Aho 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,
CITY COUNCIL MINUTES
April 18, 2017
Page 8
Case, Nelson and Tyra-Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
A. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE
SECTION 9.05, RELATING TO THE UNIFORM FIRE CODE AND
OTHER FIRE REGULATIONS
Getschow said City Code Section 9.05 is being amended to update references to
the Minnesota State Fire Code and the International Fire Code.
MOTION: Case moved, seconded by Nelson, to approve first reading of an
ordinance amending City Code Section 9.05 relating to the Uniform Fire Code and
other fire regulations. Motion carried 5-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
Tyra-Lukens noted we are halfway through our participation in this month's
Mayor's Challenge for Water Conservation. She asked everyone to continue to
sign up to participate in the challenge to conserve water and energy on
mywaterpledge.corn.
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Riley Lake Park Improvement Project Update
Lotthammer gave a PowerPoint presentation of the Riley Lake Park
improvement project. He said staff is ready to go out for bids. One of the
reasons for the timing of this project is the pavement at the park is failing and
that pavement redo was included in our capital improvements program. He
reviewed the history of Riley Lake Park and the acquisition of the land there.
He noted staff members were involved in the design input along with several
groups such as the Three Rivers Park District, The Riley Lake Association,
and the Watershed District. We plan to converted areas from turf to native
grasses. Some trees will be removed and other changes will be made in order
to provide better accessibility and more storm water retention.
CITY COUNCIL MINUTES
April 18, 2017
Page 9
Matt Bourne, Parks &Natural Resources Manager, continued the PowerPoint
presentation with a review of the master plan. He said the boat launch will
stay in place. The park design will keep pedestrians and vehicular traffic
separated and will improve the accessibility and circulation throughout the
site. They plan to add amenities such as lakeshore viewing areas, a spot for
buses to unload, and upgraded benches and picnic tables. There is a tree
removal plan for the northern part of the park, and the wooded area to the
south will be opened up.
Aho asked how many parking spots will be available for boats and trailers.
Bourne said it will be increased from 14 to 23 spots.
Bourne said this will built as a phased project. He reviewed the plans for the
beach and picnic areas and the tree removal plan for the park. There will be
more pervious surface to capture rain water, and quite a bit of the area will be
planted in native grasses or small rain gardens. The parking lot and trails will
be the base bid with alternate bids for other amenities. The bid opening is
planned for May 4, with construction starting on July 10. The construction
should be substantially completed in October with final completion in the
spring of 2018 in order to have maximum use of the park this summer.
Lotthammer said they hope to do as much as possible in the first phase and
then several years later add the buildings and other amenities. The utility
construction tears up a lot of the site, so they want to do that as part of the
project. They will receive a DNR grant for a cleaning station, which will be
one of the first of its kind in the State. Other funding will come from capital
reinvestment funds set aside for maintenance and from park improvement
funds.
Nelson said she would want to save all the trees possible, but she would
recommend we take down the ash trees as appropriate. She did not want us to
have to come back in a few years and disrupt the park to take those down.
Lotthammer responded the site doesn't have a lot of ash trees to begin with,
and they plan to replant several varieties of trees.
Case said he liked the plan and thought staff did wonderful work. It shows a
lot of time and effort put in. He has been struggling with the situation that
came about when he received several calls from people who were upset about
the project, yet he knew nothing about the park renovation plans. He thought
there needs to be a way for City Council Members to get back into the
process prior to the various groups getting involved. He thought this project
would be large enough and expensive enough that the Council should be
involved because Council Members are the ones who get the calls from
residents about the project.
Getschow said only the Parks Commission has received a presentation. Other
groups will be presented to next week or later.
CITY COUNCIL MINUTES
April 18, 2017
Page 10
Case said the Council may want to get involved earlier in the process so as
not to be surprised by phone calls. Aho said that would be true, especially if
it is a public-noticed project.
Lotthammer said they have not sent out public notices. The practice is to
work with neighbors for a neighborhood park, but to use the Parks
Commission as a sounding board for a City park. The projects are put on the
website, and people have attended the Parks Commission meeting where the
plan was discussed. He said Mr. Getschow has heard from the Riley Park
Association. Things get to the public from different sources at different
times.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVII. ADJOURNMENT
MOTION: Nelson moved, seconded by Case,to adjourn the meeting. Motion carried 5-0.
Mayor Tyra-Lukens adjourned the meeting at 9:13 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.A.
Randy L. Slick Final Plat Report of Rockwill Addition
Public Works/Engineering
Requested Action
Move to: Adopt the resolution approving the final plat of Rockwill Addition.
This proposal is for the plat located at 15480 Sunrise Circle West. This plat consists of 1.05
acres to be platted into two single family lots. Proposed Lot 2 will include the existing single
family home and proposed Lot 1 is being created for a new single family home site.
Background Information
The preliminary plat was approved by the City Council on March 21, 2017. Second reading of
the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
April 18, 2017.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$350.00
• Receipt of street lighting fee in the amount of$588.06
• Prior to release of the final plat, Developer shall execute the Special Assessment
Agreement for trunk sewer and water in the amount of$4,157.63.
• Prior to release of final plat, the deferred assessments in the amount of$13,846.99 on the
Property shall be paid in full.
• The requirements as set forth in the Developer's Agreement.
• Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy.
• Prior to release of final plat, Developer shall submit a 1"=200' scale reduction of final
plat.
• Prior to release of final plat, Developer shall pay connection fees for sanitary sewer and
water mains in the total amount of$7,400.00.
• Prior to release of plat, Developer shall submit a disk in AutoCAD format in Hennepin
County coordinates containing parcel and easement data.
Attachment
•Resolution
•Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2017-
A RESOLUTION APPROVING FINAL PLAT OF ROCKWILL ADDITION
WHEREAS, the plat of Rockwill Addition has been submitted in a manner required for platting
land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and
all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Rockwill Addition is approved upon compliance with the
recommendation of the Final Plat Report on this plat dated May 2,2017.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on May 2, 2017.
Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
ROCKWILL ADDITION C.R. DOC. NO.
KNOW ALL PERSONS BY THESE PRESENTS:That B Cubed LLC.a Minnesota Limited Liability Company,fee owner of the following described property situated in the City of
Eden Prairie,County of Hennepin,Minnesota:
NE CORNER OF A tract of land in the Northwest Quarter of Southwest Quarter of Section 21,Township 116,North,Range 22 West of the 5th Principal Meridian,Hennepin County,
LOT 31,BLOCK 1, Minnesota,described as follows:
BOULDER POINTE NE CORNER OF Commencing of a point 1013.76 feet West of the Northeast corner of the Southwest Quarter;and thence South 00 degrees 10 minutes East a distance of 723.0 feet:
,-WEST TOWNHOMES NORTH LINE SW 1/4 OF SEC.21,T.16,R.22_` thence North 88 degrees 00 minutes East o distance of 30.0 feet to the actual point of beginning; thence South o degrees 10 minutes East along the center line of a
88'S5'03"W A THE SW 1/4. road,a distance of 302.95 feet;thence South 89 degrees 35 minutes along the center of a road,a distance of 195.0 feet;thence North 00 degrees 10 minutes West a
- 1013.44(MEAN) �r �-_ distance of 310.3 feet;thence South 88 degrees 00 minutes West a distance of 195.0 feet to the actual point of beginning.
I 1013.76(DEED) Excepting lherfrom the West 30 feet and the South 30 feet for public road use,Hennepin County,Minnesota,
W Has caused the same to be platted as ROCKWILL ADDITION avid does hereby dedicate to the public for public use forever the drainage and utility easement as created by
his plat.
I In witness whereof said B Cubed LLC. o Minnesota Limited Liability Company,hoe caused these presents to be signed by its proper officer this toy of
,9
,2017.
---195.16(MEAS.)--- Signed:B Cubed LLC,a Minnesota Limited Liability Company
I S 588700 W(DEED)) 1-11'_ _
I I� 165.15 _
k�88'00'E y/_ -I Y�, Jeremy Rock,Treasurer
30.01 I 30.01 10 �� s II \I
- Drainage&Utility STATE OF MINNESOTA,COUNTY OF________
Easement - The foregoing instrument was acknowledged before me this___day of__ 2017 by
��� Jeremy Rock,treasurer of B Cubed LLC,a Minnesota Limited Liability Company
30
fn 30 I Notary Public, County,Minnesota Notary Printed Name
I, I L 0 T ' My Commission Expires
3 I Larry R,Couture do hereby certify that this plat w s prepared by me r n;under my direct supervisio that I a a duly Licensed Land Surveyor in the State of Minnesota;
that this plat is correct representation of the boundary survey;that all data and labels are
correctly designated on this plat;that all monuments depicted
O U '0 '58CALE 30 60 on this plat have been correctly set;that there are no wetlands as defined in M.S.505.02,Subd.1:and all public ways are shown and labeled on this plat.
Cl � � Doted this day of _ - .2017.
Z I Ni
3 SR Iti It.
Es I/S 50R IRON 005AMENT FOUND.utusss
o ?I Z I5 3 Larry R.Couture,Licensed Land Surveyor
N 0 10 ____is W 3 ae0 ADo2CO LICRfuscw5o Dg0je0N MONUMENT SEi Minnesota License No. 9018
o N89'9 1'E STATE OF MINNESOTA,COUNTY OF HENNEPIN
f a' 185.46 _ — �5 N The foregoing instrument was acknowledged before me this_ - day of ,2017,by Larry R.Couture
a Z Z z
I- w s W W 10 w
0) o V E Drainage an y
li Notary Public,Hennepin County,Minnesota Notary Printed Name
W L a m X En
cre.ore own
(NOT To SCALE)r,us My Commission Expires J.31,2020
S I W I O 1 L„ CITY COUNCIL,CITY OF EDEN PRAIRIE,MINNESOTA - - n c
This plat of ROCKWILL ADDITION was approved and accepted by Inc City Council of Eden Prairie,
Minnesota,at a regular meeting thereof held this- day of_ 2012,and said plat is ompliance with provisions of Minnesota Statutes,
W Section 505.03,Subtlivision 2.
F- ^ I 0 CITY COUNCIL,CITY OF EDEN PRAIRIE.MINNESOTA
z I L 0 T 2 I I
— I.' Being 10 feet in width adjoining u ets.of way s By Mayor by Manager
, and 5 feet in width adjoining lot otherwise indicated on the plat.
W 1 RESIDENT AND REAL ESTATE SERVICES,HENNEPIN COUNTY,MINNESOTA
I hereby certify that foxes payable for 20____and prior years hove been paid for land described on this plat day of 2017.
10
30 Drainage&Utility
I Mork V.Chapin,County Auditor
I \I-Easemenl<,— 5
30 I BY .Deputy
W
p II '-_- 165.82 -1-l� I SURVEY DIVISION,HENNEPIN COUNTY,MINNESOTA
( S 89'27'26'E(MEAS.) of I
_I Pursuant to Minnesota Statutes Section 383E1.565(1969),this plot has been approved this___day of
t 5 89'35'E(DEED) of ) _____________,2017.
D \\ EXCEPTION II,
O _ _ - - _ `JL —T Chris F.Mavis,County Surveyor
SUNRISE CIRCLE EAST CENTERLINE
CO 1195.0(MEAD.)S 89•35E E
By
m 195.0(DEED)S 89'35'E n COUNTY RECORDER,HENNEPIN COUNTY,MINNESOTA I hereby certify thot the within plat of ROCKWILL ADDITION was recorded in this office this
day of ,2017 at___oclock _M.
Martin McCormick,County Recorder
BY—_— .Deputy
EICKHOLTS ADDITION
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 2, 2017
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Aditi Salunke, IT Manager Approve Purchase of MS Office Licenses
through State Contract
Requested Action
Move to: Approve the purchase of"Microsoft Office" licenses through State of Minnesota
Agreement 01E61724.
Synopsis
This is for true-up of licenses for year 1 of a 3 year contract for Microsoft Office and will bring
us up to date on our MS Office licenses. Over the last year, we have identified workstations that
require MS Office products and have added new workstations requiring MS Office to our
inventory.
The total cost of the True-up for 75 additional licenses will be $35,775.00. This will bring us to a
total of 425 Microsoft Office licenses.
Background Information
We signed a 3-year Enterprise Agreement(EA)with Microsoft with SHI as reseller in 2016.
After every year of this 3 year Microsoft Office Pro Plus licensing term, we are required to true-
up MS Office licenses. There has been an increase in the number of devices requiring MS Office
(workstations and laptops) over the last year and this purchase of additional licenses will bring us
up to date on our MS Office licenses.
SHI pricing is under the SHI MN State Contract#48196 release C 1046(5).
Attachments
• SHI(vendor) quote for MS Office license true-up cost
• MS License agreement for the 3 year term from May 2016—April 2019
Pricing Proposal
Quotation#: 13316773
Created On: 4/14/2017
Valid Until: 4/30/2017
City of Eden Prairie MN Inside Account Manager
Aditi Salunke Rachel Hayes
8080 MITCHELL ROAD 290 Davidson Avenue
ATTN:ACCOUNTS PAYABLE Somerset, NJ 08873
EDEN PRAIRIE,MN 55344 Phone:732-652-4750
United States Fax: 732-652-4751
Phone: (952)949-8520 Email: Rachel_Hayes@shi.com
Fax:
Email: asalunke@edenprairie.org
All Prices are in US Dollar(USD)
Product Qty Your Price Total
1 OfficeProPlus ALNG LicSAPk MVL-True Up Year 1 75 $477.00 $35,775.00
Microsoft-Part#:269-05623
Subtotal $35,775.00
Total $35,775.00
Additional Comments
If you are using SHI's contract##48196 release C1046(5), please include this contract number on your PO
The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicy, unless there is
an existing agreement between SHI and the Customer.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: 17-5980 ITEM NO.: VIII.C.
Mary Krause Approve Professional Services
Public Works/Engineering Agreement with Bolton & Menk for
Preliminary Design Services for the
Duck Lake Road Reconstruction
Improvement Project
Requested Action
Move to: Approve Professional Services Agreement with Bolton & Menk for Preliminary
Design Services for the Duck Lake Road Reconstruction Improvement Project.
Synopsis
This Professional Services Agreement will provide preliminary design services for the Duck
Lake Road Reconstruction Improvement Project. Once preliminary design work is complete a
separate agreement for final design will be needed. The current schedule is to construct the
proposed improvements in 2018.
Background Information
The Duck Lake Road Reconstruction Improvement Project from Duck Lake Trail to
approximately Mallard Court. This project includes the following significant components which
have been identified in the City's Capital Improvement Program:
• Reconstruction or reclamation of the collector street which is in poor condition (This
street segment was originally constructed in 1973). This section of street is currently
narrow and does not have curb and gutter.
• The addition of a storm water management system.
• The addition of pedestrian facilities.
The preliminary design work will result in a proposed project layout, scope, and preliminary cost
estimate. Once the preliminary design work is complete a separate agreement for final design
will be needed. The proposed schedule is to complete the preliminary design by the end of the
year. Final design would then be completed and construction of the project planned for 2018.
Financial Implications
The Professional Services Agreement with Bolton & Menk has an estimated cost of $103,944.
The project cost estimate in the CIP is $1.35 million, however this number is expected to change
as the scope of the project is more completely defined. Primary funding for the project will be
from Municipal State Aid funds.
Attachments
• Professional Services Agreement
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the 2nd day of May, 2017, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Bolton & Menk, Inc., a Minnesota Corporation (hereinafter
"Consultant") whose business address is 12224 Nicollet Avenue, Burnsville, MN 55337.
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 Improvements to Duck Lake Road, from approximately Mallard Court
to Duck Lake Trail 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 (Preliminary Engineering & Topographic Survey Services) in connection with
the Work. The terms of this Agreement shall take precedence over any provisions of the
Consultants proposal and/or general conditions. If the Consultants proposal is attached
as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in
such proposal.
2. Term. The term of this Agreement shall be from May 3, 2017 through the completion of
the project 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 $ 103,944 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.
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.
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 Sarah Lloyd, P.E. and
other Consultant Staff 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 A.M. 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
-;� FIRM NAME
Its: �kz\octPr_
Standard Agreement for Professional Services 2014.04 Page 8 of 8
ellBO LTO N 12224 NicoRet Avenue
& M E N K Burnsville, MN 55337-1649
Ph: 1952] 890-0509
Real People. Real Solutions. Fax: (952) 890-8065
Bolton-Menk.com
EXHIBIT A
April 25,2017
Ms. Mary Krause
Sr. Project Engineer
City of Eden Prairie
RE: Proposal for Professional Engineering& Surveying Services
Duck Lake Road Reconstruction: Phase 1 -Preliminary Engineering&Topographic Survey
Services
City of Eden Prairie
Dear Ms. Krause:
Thank you for allowing Bolton&Menk, Inc. to provide you with this proposal for engineering and
surveying services in support of the City of Eden Prairie's Duck Lake Road Reconstruction Project. This
proposal is based on our meeting with the City held on March 3, 2017. As a part of this proposal,we have
described our project understanding, detailed our proposed scope of work, and itemized our estimated
fees.
Scope of Work
The City of Eden Prairie has requested this proposal from Bolton&Menk,Inc. to complete Phase 1
services for the Duck Lake Road Reconstruction project including: topographic survey,preliminary
design(30%),wetland delineation, and preliminary engineering report. We have itemized the anticipated
tasks of this Phase.
Phase 1 Services:
1. Survey Work: Topographic Survey/Wetland Delineation
2. Regulatory Agency Coordination: Research grant opportunities&identify potential agency
partnerships.
3. Public Engagement: Neighborhood Meetings&Meeting with School District
4. Preliminary Design and Feasibility: 30%preliminary design layout, engineer's estimate,
preliminary stormwater analysis, assessment evaluation, and assistance with the City's
preparation of the Preliminary Engineering Report.
5. City Meetings: Meet with City staff throughout Phase 1 to review project progress.
N:\Proposals\Eden Prairie\Duck Lake Road\Exhibit A_Duck Lake Road Proposal.docx
Bolton&Menk is an equal opportunity employer.
Duck Lake Road Proposal—Exhibit A
April 25,2017
Page 2
Estimate of Fees
Estimated fees for Phase 1 services are as follows:
Topographic Survey $ 16,580
Wetland Delineation $ 6,300
Regulatory Agency Coordination $ 4,364
Public Engagement $ 6,462
Stormwater Analysis $ 12,880
30%Preliminary Design & Cost Estimating $ 38,282
Assessment Evaluation $ 4,368
Feasibility Assistance $ 5,904
Geotechnical Evaluation $ 1,972
City Meetings $ 6,832
Total Estimated Costs $103,944
These fees for these individual tasks are estimates. A detailed breakdown of task hours and fees are
included with this proposal. Bolton&Menk proposes the Phase 1 services to complete the topographic
survey,wetland delineation, 30%preliminary engineering, cost estimating, and public engagement to be
paid on an hourly basis, in accordance with the City of Eden Prairie's standard professional services
agreement for a not to exceed hourly fee of$103,944.Bolton&Menk will not invoice the City directly
for any indirect/reimbursable expenses.
Schedule:
DATE _ TASK
May 2,2017 Council Considers Awarding Bolton and Menk,Inc. Phase 1 services
May 8-June 9,2017 Survey Work
May 8—May 19,2017 Geotechnical Coordination
End of May Neighborhood Meeting 1, School District Engagement
End of May—Early June Coordination with Watershed District&DNR
June 12—August 11,2017 30%Preliminary Design
July 2017 Engineer's Estimate
July 2017 Assessment Evaluation
July 2017 Neighborhood Meeting 2
August 21 —August 28,2017 Feasibility Report Assistance
Conclusion:
Upon completion of Phase 1 services,we look forward to moving into final design and would be happy to
provide a proposal for final design services. We look forward to providing these professional services to
the City of Eden Prairie and appreciate your consideration of Bolton&Menk,Inc. Please contact us if
you have any questions,need additional information, or wish to discuss this proposal.
Sincerely,
Bolton & Menk, Inc.
SOI(`ail ,!)(/t4 `1,11,x4 A
Sarah E.Lloyd,P.E. Marcus A.Thomas,P.E.
Project Manager Principal Engineer
N:\Proposals\Eden Prairie\Duck Lake Road\Exhibit A_Duck Lake Road Proposal.docx
Bolton&Menk is an equal opportunity employer.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #17-5980 ITEM NO.: VIII.D.
Mary Krause Approve Professional Services Agreement with
Public Works/Engineering HTPO for Preliminary Design Services for the
Homestead Circle Reconstruction Improvement
Project
Requested Action
Move to: Approve Professional Services Agreement with HTPO for Preliminary Design
Services for the Homestead Circle Reconstruction Improvement Project.
Synopsis
This Professional Services Agreement will provide preliminary design services for the
Homestead Circle Reconstruction project. Once preliminary design work is complete a separate
agreement for final design will be needed. A specific construction schedule has not been
determined.
Background Information
The Homestead Circle Reconstruction Improvement Project includes the following significant
components which have been identified through the Pavement Management program:
• Reconstruction of the street which is in poor condition(Homestead Circle was originally
constructed in 1975).
• Addition of a storm sewer system and draintile system to manage discharging sump
pumps.
• Potential storm water management BMP's to support the new storm sewer system.
The preliminary design work will result in a proposed preliminary plan, scope, and preliminary
cost estimate. Once the preliminary design work is complete a separate agreement for final
design will be needed. A construction schedule for the proposed project will be determined upon
completion of the preliminary design.
Financial Implications
The Professional Services Agreement with HTPO has an estimated cost of$29,800. Funding for
the preliminary design will be through the Pavement Management CIP.
Attachment
Professional Services Agreement
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the 2nd day of May , 2017 ,
between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is
8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc., a
Minnesota corporation (hereinafter "Consultant") whose business address is 7510
Market Place Drive, Eden Prairie, MN 55344 .
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 Preliminary Design of Homestead Circle Reconstruction
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 (HTPO letter dated April 21, 2017 ) in connection with the Work. The terms
of this Agreement shall take precedence over any provisions of the Consultants proposal
and/or general conditions. If the Consultants proposal is attached as the Exhibit A
Scope of Work, City reserves the right to reject any general conditions in such proposal.
2. Term. The term of this Agreement shall be from May 3, 2017 through
December 31, 2017 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 $ 29,800 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.
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.
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 Laurie Johnson and
Adam Pawelk 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 A.M. 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
FIRM NAME
I � _ .l► l a, /�i1)c�� O/'scit , Jc
Its: j
f reii �rJ�
Standard Agreement rot.Professional Services 2014.04 Page 8 of 8
t fi
I 1 Engineering Surveying
'In "' Landscape Architeclure
April 21, 2017
Ms. Mary Krause
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Homestead Circle Drainage Improvements and Street Reconstruction
Dear Mary,
HTPO is pleased to provide this proposal for land surveying and civil
engineering services for preliminary design to resolve the existing drainage
issues and reconstruction of Homestead Circle.
SCOPE OF SERVICES
We propose to provide the following services:
1. Existing Conditions Survey
Includes boundary and topographic survey of the right-of-way
corridor for Homestead Circle and from beyond said right-of-way
to face of buildings and for Outlot A located between 7261 and
7275 Green Ridge Drive.This will include the following:
a. Visible surface features,such as buildings, drives,fences,and
trees (4" or larger).
b. Portrayal of underground utilities based upon a Gopher State
One Call request and mapping provided by utility operators.
c. Rim and Invert elevations on sanitary sewer and storm sewer
utilities and watermain features in the project area.
d. Location of wetland flags for wetland located between Green
Ridge Drive and Tartan Curve.
2. Preliminary Design
Includes preliminary design for stormwater management and
storm sewer options,street reconstruction, and minor sanitary
sewer and watermain improvements with cost estimates. Includes
identifying easement needs,coordination and attendance at one
meeting with watershed district, preparation of color presentation
7510 Market Place Drive drawings, and attendance at one neighborhood meeting.
Eden Prairie, MN 55344
952-829-0700 3. Wetland Delineation by Kjolhaug Environmental Services
952-829-7806 fax Includes wetland evaluation and delineation for down gradient
www.htpo.com stormwater wetland located between Green Ridge Drive and
Tartan Curve. Also includes completion of a MnRAM functional
assessment.
HANSEN THORP PELLINEN OLSON, INC.
Page 2 of 2
RE: Homestead Circle Drainage Improvements and Street Reconstruction
April 21,2017
ASSUMPTIONS
+ Feasibility report will not be required.
• Additional Geotechnical data will not be required.
• Construction documents and construction phase services are not
included.
SCHEDULE
We assume that all work will be completed by December 31, 2017.
COMPENSATION
Compensation for those items described in the Scope of Services above is
estimated as follows:
Services Estimated Fee
1. Existing Conditions Survey $ 9,600
2. Preliminary Design $17,200
3. Wetland Delineation by Kjolhaug $ 2,500
Subtotal $29,300
Estimated Reimbursable Expenses $ 500
Total $29,800
PAYMENT:
Invoices will be submitted based on actual hours worked using a 2.4
multiplier times direct personal expense, and reimbursable expenses
incurred(printing,courier,and other out-of-house documents and fees). We
will keep you Informed of our work progress and the above fee estimate will
not be exceeded without prior approval from your office. We invoice our
services monthly payable within 30 days.
Thank you for this opportunity to provide our services.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC.
O # P44 ,
Adam Pawelk, P.E. Laurie A.Johnson, P. .
Project Engineer President
p I Engineering I Surveying HOURLY BUDGET
74) ill Landscape Architecture Project Homestead Circle Drainage improvements
111 and Street Reconstruction
Client City of Eden Prairie
Date 3/17/2017 Job No. TBD
HOURS BILLING RATE TOTALS TASK
PHASE: CATEGORY DATE
100 SURVEY
Proposed Fee Held-bndy,topo,trees,wetland 40 Sury II 115 4,600 _
$9,600 Research/Computation 4 Sury III _ 135 540
Draft 40 Sury I _ .. 95 3,800
Check/Supervision 2 Sury IV 155� 310
QC Review 2 Sury IV 155 3101
Billable Total $9,560
200 PRELIMINARY DESIGN
Proposed Fee Project Management,Coordination 4 Eng V 175 700
$17,200 Review and research 4 Eng II 115 460 _
Site Visit 2 Eng II 115 230
Watershed District coordination/meeting 8 Eng II/Eng V 145 1,160
Storm Sewer Options/Comps 40 Eng I I 115 4,600
Street Design(profile,x-sections) 28 Eng II 1i5 3,220
Sanitary Sewer Repairs 4 Eng II 115 460
Watermain-valve, hydrant repairs 4 Eng II 115 460
Cost Estimates(Prellminaryl 16 Ene II 115 1,840
Check Quantities 6 Tech IV 123_ 738
Meetings with Client 6 Eng II/Eng V 145 870
Meetings with Neighbors 4 Eng II 115 460
Color Drawings/Boards 8 Eng II 115 920
QC Review 6 Eng V 175 1,050
-
Billable Total $17,168
Kjalhaug-Wetland Delineation
$2,500
Expenses& Reimbursables
$500
$29,800 Project Total
Homestead Circle?raj Budget Planner page]of 1 4/24/2017
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 17-5977 ITEM NO.: VIII.E.
Mary Krause Award Contract for the 2017 Bituminous Mill
Public Works/Engineering and Overlay Project to GMH Asphalt
Corporation
Requested Action
Move to: Award the Contract for 2017 Street Bituminous Mill and Overlay Project to GMH
Asphalt Corporation in the amount of$1,655,999.25.
Synopsis
Sealed bids were received on Thursday, April 20, 2017 for the 2017 Bituminous Mill and
Overlay Project. Seven bids were received and are summarized in the attached bid tab. The low
bid in the amount of $1,655,999.25 was submitted by GMH Asphalt Corporation. Staff has
reviewed the bids and recommends awarding the contract for the project to GMH Asphalt
Corporation in the amount of$1,655,999.25.
Background Information
The Bituminous Mill and Overlay Project is an annual street maintenance project. The 2017
Operating and Maintenance budget for milling and overlay is $219,000. In addition, funds
generated from the Pavement Management CIP are utilized. The Pavement Management CIP is
funded through franchise fees collected from Centerpoint Energy, Xcel Energy and Minnesota
Valley Electric collecting approximately $2,000,000 annually for pavement maintenance. In
addition to the overlay project, the pavement maintenance CIP fund also finances seal coating
and other pavement improvement projects.
Attachments
• Bid Tabulation
• Contract
BID TABULATION
2017 Bituminous Overlay
City of Eden Prairie, I.C.#17-5977
COMPANY: GMH Asphalt WM Mueller&Sons,Inc. Bituminous Roadways Northwest Asphalt Park Construction Valley Paving Hardrives
EST. UNIT UNIT UNIT UNIT UNIT UNIT
NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL
1 MnDOT Mix SPWEA230B 22,500 Tons $47.24 $1,062,900.00 $48.20 $1,084,500.00 $41.00 $922,500.00 $49.20 $1,107,000.00 $49.42 $1,111,950.00 $49.50 $1,113,750.00 $51.19 $1,151,775.00
2 MnDOT Mix SPNWB240B 350 Tons $57.37 $20,079.50 $57.25 $20,037.50 $47.00 $16,450.00 $53.15 $18,602.50 $65.81 $23,033.50 $55.55 $19,442.50 $65.61 $22,963.50
3 MnDOT Mix SPNWB430B 175 Tons $57.37 $10,039.75 $57.25 $10,018.75 $55.00 $9,625.00 $53.05 $9,283.75 $61.80 $10,815.00 $59.20 $10,360.00 $69.83 $12,220.25
4 MnDOT Mix SPWEA440B 6,400 Tons $51.54 $329,856.00 $51.30 $328,320.00 $43.70 $279,680.00 $53.70 $343,680.00 $52.63 $336,832.00 $53.50 $342,400.00 $55.88 $357,632.00
Bituminous Pavement
5 Rehabilitation-Full Depth Mill 4,500 Sq.Yd. $2.00 $9,000.00 $2.45 $11,025.00 $4.00 $18,000.00 $1.65 _ $7,425.00 $2.22 $9,990.00 $3.25 $14,625.00 $2.50 $11,250.00
6 Bituminous Edge Milling 5,000 L.F. $1.17 $5,850.00 $1.60 $8,000.00 $2.50 $12,500.00 $0.96 _ $4,800.00 $1.19 $5,950.00 $1.10 $5,500.00 $1.18 $5,900.00
7 Bituminous Full Depth Milling 232,000 Sq.Yd. $0.44 $102,080.00 $0.75 $174,000.00 $1.50 $348,000.00 $0.68 _ $157,760.00 $0.90 $208,800.00 $0.87 $201,840.00 $0.86 $199,520.00
8 Aggregate Base Cl.5(100%
crushed quarry rock) 2,300 Tons $15.45 $35,535.00 $15.40 $35,420.00 $20.25 $46,575.00 $19.40 _ $44,620.00 $20.92 $48,116.00 $22.50 $51,750.00 $17.10 $39,330.00
9 Common Excavation 1,600 Cu.Yds. $31.00 $49,600.00 $15.00 $24,000.00 $19.50 $31,200.00 $17.50 $28,000.00 $11.00 $17,600.00 $18.50 $29,600.00 $10.61 $16,976.00
10 Joint Adhesive(mastic) 16,050 L.F. $0.58 $9,309.00 $0.55 $8,827.50 $0.58 $9,309.00 $0.58 $9,309.00 $0.56 $8,988.00 $0.56 $8,988.00 $0.61 $9,790.50
11 Traffic Control Lump Sum Lump Sum $15,000.00 $15,000.00 $19,000.00 $19,000.00 $61,000.00 $61,000.00 $37,800.00 _ $37,800.00 $11,000.00 $11,000.00 $30,000.00 $30,000.00 $17,424.99 $17,424.99
12 Placement of Geotextile Fabric 4,500 Sq.Yd. $1.50 $6,750.00 $1.30 $5,850.00 $0.40 $1,800.00 $0.65 _ $2,925.00 $0.32 $1,440.00 $0.40 $1,800.00 $3.70 $16,650.00
TOTAL BASE BID $1,655,999.25 $1,728,998.75 $1,756,639.00 $1,771,205.25 $1,794,514.50 $1,830,055.50 $1,861,432.24
FORM OF CONTRACT
THIS AGREEMENT,made and executed this day of 2017 by and between
City of Eden Prairie hereinafter referred to as the "CITY", and GMH Asphalt Corporation
hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C. 17-5977—2017 Bituminous Overlays
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in
accordance with the prices bid for the unit or lump sum items as set forth in the Proposal
Form attached hereto which prices conform to those in the accepted CONTRACTOR'S
proposal on file in the office of the City Engineer. The aggregate sum of such prices, based
on estimated required quantities is estimated to be $1,655,999.25.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
c. Accepted Proposal
d. Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Map
(6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MN.
By
Its City Mayor
And
Its City Manager
CONTRACTOR
In Presence Of:
By
Title
And
Title
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 17-5976 ITEM NO.: VIII.F.
Mary Krause Award Contract to Allied Blacktop
Public Works/Engineering Company, for the 2017 Sealcoating Project
Requested Action
Move to: Award the Contract for 2017 Sealcoating Project to Allied Blacktop Company, in
the amount of$634,968.00.
Synopsis
Bids were received on Thursday, April 20, 2017 for the 2017 Sealcoating project. Three bids
were received and are tabulated as follows:
Allied Blacktop Company $638,968.00
Pearson Brothers, Inc. $645,281.60
ASTECH Corporation $715,173.20
Background Information
Street sealcoating is an annual street maintenance project. The unit prices for sealcoat this year
are slightly lower than 2016 prices. The 2017 Operating and Maintenance budget for sealcoating
is $215,000. The balance between the actual project costs and the budgeted amount will be taken
from the CIP pavement management fund.
Attachments
• Bid Tabulation
• Contract
2017 Seal Coating
City of Eden Prairie I.C. #17-5976
Allied Blacktop Co. Pearson Brothers,Inc. Astech Corportation
EST. _ UNIT UNIT UNIT
NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL
1 Streets-Chip Seal 185,000 Sq.Yd. $1.23 $227,550.00 $1.10 $203,500.00 $1.43 $264,550.00
FA-3,CI.A
(0.34 gal/sq.yd.CRS-2P)
Bit.Seal Coat gray or black only
(20 lbs/sq.yd.FA-3,CL.A)
2 Streets-Chip Seal 225,000 Sq.Yd. $1.13 $254,250.00 $1.00 $225,000.00 $1.17 $263,250.00
FA-2,Modified
(0.24 gal/sq.yd/CRS-2)
C1.A(1/8"Trap Rock)
(20 lbs/sq.yd.FA-2 Mod)
Bituminous Seal Coat
(0.24 gal/sq.yd/CRS-2 201bs/sq.yd.
FA-2 Mod)
3 Streets-Fog Seal 315,000 Sq.Yd. $0.12 $37,800.00 S0.30 $94,500.00 $0.43 $135,450.00
(0.12 gal/sq.yd/CSS-1H)
Bituminous Seal Coat
4 CRS-2P,12"wide strip at 23,232 L.F. $0.25 $5,808.00 $0.05 $1,161.60 $0.10 $2,323.20
centerline,applied at 0.34
gal/sq.yd.
5 Traffic Control Lump Sum L.S. $75,000.00 $75,000.00 $100,000.00 $100,000.00 $40,000.00 $40,000.00
6 Inlet Protection 384 Each $90.00 $34,560.00 $55.00 $21,120.00 $25.00 $9,600.00
TOTAL BASE BID $634,968.00 $645,281.60 $715,173.20
FORM OF CONTRACT
THIS AGREEMENT, made and executed this day of , 2017, by and between the City
of Eden Prairie, hereinafter referred to as the "CITY", and Allied Blacktop Company, hereinafter
referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C.# 17-5976, 2017 Sealcoating
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Documents.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in
accordance with the prices bid for the unit or lump sum items as set forth in the Proposal
Form attached hereto which prices conform to those in the accepted CONTRACTOR'S
proposal on file in the office of the City Engineer. The aggregate sum of such prices,based
on estimated required quantities is estimated to be $634,968.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
c. Accepted Proposal
d. Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond
(2) Special Conditions
(3) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
FC-1
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MN.
By
Its City Mayor
And
Its City Manager
CONTRACTOR
In Presence Of:
By
Title
And
Title
FC-2
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 15-5901 ITEM NO.: VIII.G.
Leslie Stovring Approve Professional Services Agreement
Engineering with Blue Water Science for the 2017 Water
Quality Monitoring Program
Requested Action
Move to: Approve Professional Services Agreement with Blue Water Science for the 2017
Water Quality Monitoring Program in the amount of$31,360.
Synopsis
The proposal from Blue Water Science continues the City's ongoing monitoring program to help
manage our lakes and ponds. Monitoring is conducted annually to evaluate water quality trends
as many of our lakes are listed as impaired waters by the State of Minnesota for excess nutrients.
In addition, the monitoring is used to assess lakes for treatment options such as harvesting and
the use of alum to improve water quality. The costs of water quality improvement and
monitoring projects are paid out of the stormwater utility.
Background Information
The budget for the water quality sampling program was established in the City's Local Water
Management Plan. City staff met with the Nine Mile Creek(NMCWD) and Riley-Purgatory-
Bluff Creek(RPBCWD) Watershed Districts to discuss projects proposed for the upcoming year
in order to coordinate activities and avoid duplication. The following actions are proposed:
• Fish survey for Red Rock Lake to evaluate the fishery health and impacts to water quality.
• Vegetation sampling for Mitchell and Red Rock Lakes to determine harvesting goals for
2017. The intent is to conduct one early season harvest for curly leaf pondweed and a second
summer survey to help maintain recreational access. The need for additional harvesting
operations will be assessed this summer.
• Water quality sampling for Idlewild, Mitchell, Red Rock and Round Lakes. This will help
monitor conditions for the lakes for comparison with the water quality improvement projects
that are currently ongoing by the City and the District.
• Alum treatment analysis for Round Lake to determine the requirements and permitting needs
for application of a second dose of alum in 2018 to maintain the water quality.
The Consultant is proposing to have Draft reports completed by March 31, 2018 for presentation
at a Conservation Commission meeting in the spring. The estimated cost is $31,360 and will be
paid from the storm water utility fund.
Attachments
• Water Quality Sampling Program Proposal
• Standard Agreement for Professional Services
Snelling Ave .
550 SouthS e g 651.690.9602
St. Paul, MN 55116 Y TAR mccomas@pclink.com
PROPOSAL
To: Leslie A. Stovring,Environmental Coordinator
From: Steve McComas,Blue Water Science
Date: April 18, 2017
Re: 2017 Water Quality Sampling Program Proposal for Eden Prairie
The sampling program will include the Tasks outlined below. All lake water quality data collected must be
entered into the Minnesota Pollution Control Agency's water quality database.
TASK 1 —LAKE WATER QUALITY SAMPLING-IDLEWILD/MITCHELL/RED ROCK/ROUND
The following samples be collected every other week from May through October for the lakes listed above.
Samples should be collected as surface and bottom samples.
Parameters to be analyzed in the field(full profiles, except for Secchi disc):
• Secchi disc
• Temperature
• Dissolved oxygen
• Conductivity
• pH
Parameters to be analyzed by a laboratory:
• Total phosphorus (top and bottom)
• Orthophosphate
• Chlorophyll a
• Ammonium
• Nitrate/nitrite
• Total Kjeldahl nitrogen
• Total Alkalinity
• Total Suspended Solids
• Chloride
• Iron(top and bottom)
-1-
TASK 2—VEGETATION SAMPLING-HARVESTING
We will conduct pre-and post-harvesting operation sampling for the following lakes:
• Red Rock Lake
• Mitchell Lake
Blue Water Science and Steve McComas(Senior Aquatic Scientist)will map the aquatic vegetation within these
lakes to provide monitoring to meet each of the MnDNR permit requirements and to coordinate harvesting
services with the lake harvesting company to determine the best times and locations to harvest. This work is the
result of Vegetation Management Plans that have been developed for these lakes by Wenck Associates. It is
anticipated that there will be one pre-harvesting evaluation and one post-harvesting evaluation for each of the
following events.
1. Invasive Species Control-Early summer harvest for invasive species control,in coordination with an
herbicide application that the Riley-Purgatory-Bluff Creek Watershed District will be conducting.
2. Recreational Access—One to two additional harvesting operations to enhance recreational access. The
proposed locations for the harvesting have been mapped by Wenck Associates,the timing and final location will
be determined based on the vegetation mapping conducted this summer.
Blue Water Science and Steve McComas have conducted over 900 aquatic plant surveys.
TASK 3 —ALUM TREATMENT ANALYSIS - ROUND LAKE
Blue Water Science will conduct sediment and water quality analysis required for conducting a follow-up alum
application in 2018.
The last alum application was in 2012 and analysis was conducted by Blue Water Science. A total of 7,850
gallons of alum were applied which is equivalent to 280 gallons per acre at a cost of about$14,000. The
anticipated 2018 cost would be about $16,000. An alum treatment analysis typically should not cost more than
25% of the total alum treatment cost. Therefore the alum treatment analysis cost for Round Lake should be
$4,000 or less.
We will evaluate the appropriate alum application rate using 4 methods:
1. The William James sediment testing protocol which fractionates lake sediment phosphorus into a number of
phosphorus categories (James 2007,2011, and 2013)(6 sediment samples).
2. University of Minnesota Soil Testing protocol (15 parameters will be analyzed based on techniques used by
McComas on over 1,000 samples and on over 100 lakes)(6 sediment samples).
3. Phosphorus release rates based on hypolimnetic p-release from sediments(bottom phosphorus will be
collected in the water sampling task).
4. Maximum dose to maintain a pH over 6 based on the lake's alkalinity(alkalinity will be collected in the water
sampling task). Sometimes an alum buffer is considered if lake alkalinity is too low.
Blue Water Science has used these methods in a variety of lakes to conduct an alum treatment analysis including
a previously successful application in Round Lake.
In addition, a late summer aquatic plant point intercept survey will be conducted in the course of collecting lake
sediments.
-2-
TASK 4-FISH SURVEY-RED ROCK LAKE
Blue Water Science will conduct a trapnet fish survey in Red Rock using standard MnDNR style trapnets. We
will deploy 5 trapnets on one day and then sample them the next 2 days. There will be a total of 10 net lifts for
the survey.
Results will be compared to previous MnDNR trapnet surveys. We will also conduct shoreline seining. This
will allow us to produce a fish Index of Biotic Integrity(IBI) score as well. We will produce an IBI.
TASK 5 - REPORT REQUIREMENTS
Once the analysis is completed a final report will be prepared which summarizes the results for each individual
water body sampled. The report must include the following information:
• Analysis of existing conditions
• Comparison with historical conditions
• Recommendations for future actions
One(1)original, stapled copy and one(1)PDF copy of each Final Report should be submitted by February 27,
2018. Copies of all laboratory reports should be submitted separately. All laboratory results for the lakes will be
entered into the MPCA database.
Blue Water Science anticipates one meeting with City Staff or the City's Conservation Commission to present
the results of the project.
References
James,W.F., J.W. Barko,H.L. Eakin and P.W. Sorge. 2002. Phosphorus budget and management strategies for
an urban Wisconsin lake. Lake and Reservoir Management 18:149-163.
James,W.F. 2007. Internal phosphorus loading and mobile and refractory phosphorus fractions in sediments of
Bald Eagle,Fish, and Oneka Lakes,Minnesota. Environmental Research and Development Center,US Army
Corps of Engineers, Spring Valley,Wisconsin.
James,W.F. 2011. Sediment phosphorus characteristics and alum doseage analysis for Bald Eagle Lake,
Minnesota. Environmental Research and Development Center,US Army Corps of Engineers, Spring Valley,
Wisconsin.
James,W.F. 2013. Internal phosphorus loading and sediment phosphorus fractionation analysis for Redrock,
Lake,Minnesota. University of Wisconsin-Stout,Menomonie,WI.
Rydin,E. and E.B. Welch. 1998. Aluminum dose required to inactivate phosphate in lake sediments. Water
Research 32:2969-2976.
-3-
SECTION 3-FEE QUOTATION
Costs for 2017: Lake and Pond Water Sampling and Projects
2/Month Costs Total
May-Oct Costs
Secchi,Temp, Diss oxygen,
Conductivity,pH,TP,OP, Labor For Lab Report
Chl,NN03 TKN, Sampling Costs Costs
Totaltal Alkalinityty,,TSS,
Chloride, Iron
TASK 1. LAKE WATER QUALITY SAMPLING
Idlewild 12 sampling trips $1,100 12 x$220 $600 $4,340
_$2,640
Mitchell 12 sampling trips $1,100 12 x$220 $600 $4,340
_$2,640
Red Rock 12 sampling trips $1,100 12 x$220 $600 $4,340
_$2,640
Round 12 sampling trips $1,100 12 x$220 $600 $4,340
_$2,640
Subtotal $4,400 $10,560 $2,400 $17,360
Total
Costs
TASK 2. VEGETATION SAMPLING-HARVESTING
Pre and Post Harvesting
Mitchell Lake(112 ac) Pre Harvesting 2 evaluations $3,100
$1,400 $1,700
Red Rock Lake(91 ac) Pre Harvesting 2 evaluations $3,200
$1,500 $1,700
Subtotal $6,300
TASK 3. ALUM TREATMENT ANALYSIS-ROUND LAKE
Sediment testing 12 samples averaging$150 each $1,800
Field collection $400
Aquatic plant point-intercept survey no charge
Data analysis and report preparation $1,400
Subtotal $3,600
TASK 4. FISH SURVEY-RED ROCK LAKE
Set trapnets and sample them(3 days)(includes $3,700
report preparation)
Conduct shoreline seining and produce an IBI $100
Subtotal $3,800
TASK 5. REPORT REQUIREMENTS AND MEETING
Report preparation -- -- included
Meeting -- -- $300
Subtotal $300
Summary of Proposed Costs for 2017 for Blue Water Science
Total Proposed Costs Summary
Task 1: Lake Water Quality Sampling $17,360
Task 2:Vegetation Sampling-Harvesting $6,300
Task 3:Alum Treatment Analysis-Round Lake $3,600
Task 4: Fish Survey-Red Rock Lake $3,800
Task 5: Report Requirements and Meeting $300
Total $31,360
-4-
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the day of , 20
between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is
8080 Mitchell Road, Eden Prairie, MN 55344, and
a Minnesota (hereinafter "Consultant") whose business address is
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 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 through
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 $ 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.
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.
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
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days' prior notice to the City.
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 A.M. 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
FIRM NAME:
By:
Its:
Standard Agreement for Professional Services 2014.04 Page 8 of 8
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 2, 2017
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.H.
George Esbensen, Chief Accept proposal for a City wide camera system
Fire Department replacement
Requested Action:
Move to: Award the contract for the purchase of the video camera system to Videotronix Inc.,
d/b/a VTI Security Integrators and authorize execution of the contract.
Synopsis:
The new city wide camera system will replace the current system that is at the end of its life
cycle.
Background Information:
In 2016, the City staff reviewed the existing city wide video camera system needs for the City of
Eden Prairie and determined that it was past the end of its life cycle. As a result, City staff
sought proposals for replacement of the city wide video camera system. The replacement video
camera system will include City Hall, Liquor stores, Fire Stations, Police, and Maintenance
facility. The new system will be designed to include the additional light rail cameras, if any.
Parallel Technologies submitted a proposal to the Fire Department to replace the city wide
camera system for$93,289. Videotronix, Inc., d/b/a VTI Security Integrators ("VTI") submitted
a proposal to replace the city wide camera system for$89,738, which includes all options. City
staff recommends the City Council approve the selection of VTI for the purchase of the video
camera system and authorize execution of the contract regarding the same.
Attachments:
Contract and Exhibits
Standard Agreement for Contract Services
This Agreement ("Agreement") is made on the 2nd day of May, 2017, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Videotronix Inc., d/b/a VTI Security Integrators, a Minnesota
corporation (hereinafter "Contractor") whose business address is 401 West Travelers Trail,
Burnsville, Minnesota 55337.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for
the installation of a Genetec camera system at City Hall, City liquor stores, City fire stations, and
City maintenance facilities hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A and Exhibit B. The terms of this
Agreement shall take precedence over any provisions of the Contractor's proposal and/or
general conditions.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of May
_, 2017. The Work shall be completed by July 31, 2017.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A and
Exhibit B.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor's personnel will contact the appropriate
person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon
entering the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests
and employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor's personnel must be neat appearing, wear a uniform and badge that
clearly identifies them as a service contractor, and abide by City's no smoking
policies.
e. Contractor must honor the City's request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor's personnel will be provided with keys or access cards
in order to perform their work. Any lost keys or cards that result in rekeying a space
or other cost to the City will be billed back to the Contractor.
g. Contractor shall provide a warranty for all services and products provided pursuant to
this Agreement in accordance with the attached Exhibit C.
4. City's Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $89,738.00
as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A and Exhibit B.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Contract, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. 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.
8. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General 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,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in
a business contract). There shall be no endorsement or modification of the
Commercial General Liability form arising from pollution, explosion, collapse,
underground property damage or work performed by subcontractors.
d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13;
and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
f. All policies shall apply on a "per project" basis.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All policies shall be primary and non-contributory.
i. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance of
the Work.
k. It shall be Contractor's responsibility to pay any retention or deductible for the
coveraeges required herein.
I. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days' prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to
do business in the state in Minnesota and having a current A.M. Best rating of no
less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor's Work. Upon request a copy of the Contractor's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Contractor of any deficiencies in such documents and receipt
thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to
enforce the terms of Contractor's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees
that this indemnity shall be construed and applied in favor of indemnification.
Contractor also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
9. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Contractor, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Contractor harmless from
and against any loss for injuries or damages arising out of the negligent acts of the City, its
officers, agents or employees.
10. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement describing
the breach or non-performance of this Agreement entitling it to do so. The notified
party shall have five (5) days from the date of such notice to cure the breach or non-
performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City's premises
any and all of Contractor's equipment and other property. Except for liability resulting
from acts or omissions of a party, arising, taken or omitted prior to such termination,
the rights and obligations of each party resulting from this Agreement shall cease
upon such termination. Any prior liability of a party shall survive termination of this
Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective.
11. 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:
VTI Security Integrators
Attn: Ralph Michels
401 West Travelers Trail, Burnsville, MN 55337
952-707-9511
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:
City Manager
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.
12. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Contractor an employee of the City.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
14. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of
six (6) years after the effective date of this Agreement. This Agreement is subject to the
Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices
Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7,
which is created, collected, received, stored, used, maintained, or disseminated by
Contractor in performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the Data Practice Act and Contractor shall
comply with those requirements as if it were a government entity. All subcontracts entered
into by Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
15. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Contractor shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Contractor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
16. Conflicts. No salaried officer or employee of the City and no member of the Council, or
Commission, or Board of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the agreement void.
17. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former
employer in each case.
18. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Agreement or thereafter of any of the rights
or remedies of the City under this Agreement.
21. 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.
22. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
23. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
24. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded any of them under the Agreement, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
25. 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.
26. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Agreement
and entitle the City to immediately terminate this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
Videotronix, Inc.
d/b/a VTI Security Integrators
By:
Its:
EXHIBIT A
(City Hall, Police, Fire Stations, and Public Works Video System Conversion)
Convert the existing Integral Digital Sentry systems to a Genetec Enterprise system. VTI will
provide and install a BCDVideo Directory server and Archiver server in the City Hall dispatch
area equipment room. The Directory and Archiver servers will support the following cameras
systems:
City Hall (includes police) - 64 analog cameras & 3 IP cameras
Fire station 1-10 analog cameras
Fire Station 2-7 analog cameras
Fire Station 4-5 analog cameras
Public Works - 7 analog cameras
The Archiver server will be configured for Raid5 plus a hot spare. The Archiver will have 11TB
of useable storage. A new vertical rack to house the servers is included in this proposal. 10 client
licenses will be included with the project. A one year SMA is included for the project.
Encoders will be used to connect the existing analog cameras at the Community Center and
analog cameras at the Fire Stations to the Eden Prairie network. Video will be routed through the
network to the directory and archiver servers located in City Hall. VTI will configure and
program the cameras into the Genetec system.
Eden Prairie to provide/install for the project:
1. Network connections to encoders, workstations and servers.
2. Network switches required for the project.
3. IP addresses for all equipment.
4. Genetec Workstation client hardware, OSS and monitors.
5. 120vac power and connections for equipment where required.
Equipment List
Qty Model# Description
1 0 BCDVideo Directory Server
1 0 BCDVideo Archiver Server, 11TB Useable, RAID 5
1 GSC-BASE-5.4 Genetec Security Center Base Package -Version 5.4
1 GSC-OM-E GSC Omnicast Enterprise Package, Unlimited Number
of cameras
4 GSC-OM-E-1C IP Camera License for Enterprise
86 GSC-OM-E-1PAC Analog Camera Connection for Encoder
90 ADV-CAM-E-1Y Genetec, Advantage for 1 Omnicast Enterprise Camera
-1 year
5 GSC-1U Security Desk Client, First 5 Clients are at Zero Cost
90 0 camera termination&programming
1 0 Rack allowance
1 0 Remove matrix switcher&mark cables
1 0 Network configurations with owner
5 0541-004 M7016 Encoder, 16 CH
5 0415-004 M7014, Video Encoder, 4 CH
0 0288-004 Q7401 Encoder, 1 Channel, SD Slot
1 KTD-313 Data Converter, AD Manchester, Diamond Protocol to
Digiplex, 2-Way
1 0 PTZ Comm Modules
10 CAT6010 Network Jumper, Cat6,10 Foot, Black Jacket
1 Lot Miscellaneous Parts
Upgrades included in the project cost are:
• The server chassis will include a 12 bay chassis. The server will be populated with drives
to provide 28TB of useable storage. Storage will be in a RAIDS configuration pus a hot
spare. 28TB will provide storage for 97 IP 1080P cameras for 30 days.
• 10 IP camera licenses for future IP cameras.
• Advantage Software Support Agreement for the IP cameras.
• Federation license is included for the following sites: City Hall, Community Center, Fire
Station 1, Fire Station 2 &Fire Station 3.
• Addition of a Hot Spare drive to the 11TB server.
EXHIBIT B
(Municipal Liquor Store)
Genetec Hybrid SV32 recorder for Liquor store. The SV32 will have a 24 Channel capture card
to connect the existing analog cameras. The unit will have 12TB of storage. Software on the unit
includes Security Center/Omnicast/Synergis/AutoVu. The NVR will support up to 32 cameras
and 5 clients. The NVR will be a standalone system not connected to other City of EP systems.
In the future the liquor store Genetec systems can be connected to other Genetec system by using
Federation.
• Connect 16 existing analog cameras to the NVR.
• Connect 4 existing IP cameras to the NVR.
• Program cameras into Genetec system.
• Test for proper recording.
City of Eden Prairie to provide for the project:
1. Network connections for cameras and NVR.
2. 120vac power and connections.
3. Monitor for NVR.
4. Equipment List
Qty Model# Description
1 SV32v2-12TB-24Ch1O-GSC- SV-32v2, 12TB, 24Ch Capture card, Security
Unified Center, Omnicast/Synergis
4 SV32V2-1C-GSC 1 Camera Connection for SV32
16 SV32v2-1PAC-GSC 1 Promotional camera connection with select
encoders
20 0 camera terminations &programming
1 ADV-SV32-1Y SMA for 1 SV-32 system -1 Year
1 0 Remove old DVR Network interface
1 CAT6014 Network Jumper, Cat6, 14 Foot, Black Jacket
EXHIBIT C
LIMITED WARRANTY
for
The City of Eden Prairie, MN
This limited warranty sets forth all VideoTronix, Incorporated, conducting business as VTI
Security Integrators; (herein after referred to as VTI) responsibilities regarding VTI provided
labor, material, and equipment. There are no other express or implied warranties from VTI. The
actions described herein are the exclusive remedies for warranty claims. All other warranties,
expressed or implied, including implied warranties of merchantability and fitness for a particular
purpose are excluded from this warranty. No other terms or conditions of a Client purchase
order or construction contract or other document modify these terms and conditions. This shall
be the exclusive,primary and surviving terms and conditions.
I.Warranty Coverage Dates:
One year from the date of customer acceptance.
II. Warranty Service Provided:
Warranty Service coverage is 8:00AM - 5:00PM, Monday-Friday, Holidays Excluded(New
Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, & Christmas Day)
For service call toll free 952-894-5662, or E-mail Service@vtisecurity.com
A. VTI does provide after hours emergency service support Monday - Friday, 5:00PM —
8:00AM, also Weekends & Holidays. (Please reference current VTI published service
rates for your market area.)
B. For after hours service phone 952-894-5662 and press option 7 when prompted. E-
mails will not be responded to until the next normal business day.
VTI hereby warrants system operation from the time of substantial completion against defects in
material and/or workmanship for a period of one (1) year in the amount, manner, and conditions
indicated herein. After that time period the labor will be billable at standard VTI service rates.
1
Equipment protection from that point forward will be subject to the manufacturer's warrantee
statements. VTI will insure that the manufacturer's warranty period is observed and the CLIENT
receives the full benefit of such warranties.
VTI is a reseller of software manufactured by others. Software performance is limited solely to
realized functionality of the version provided by the manufacturer at the time of installation and
subject to any limitations, terms and conditions of the manufacturer's software license. If a
software malfunction is detected VTI's duty is to promptly contact the software manufacturer
and to acquire any available patch within the warranty period and install the patch or
modification at no charge to Client.
In the event that VTI determines the system failure is due to defects in equipment,
materials, and/or workmanship, VTI will:
A. Respond to service calls as required by problems with system or equipment within two
(2) hours by telephone and if necessary on site within eight (8) business hours during
normal business hours except in the event of unusual or severe weather to include major
snowstorms, flooding, tornadoes or any other acts of Nature that would prevent or
become a major hindrance to VTI's response.
B. Ensure replacement parts or equipment shall be of equal quality and become the sole
property of CLIENT upon installation. The replacement of any parts or equipment
installed by VTI during the term of this warranty shall be subject to the terms and
conditions of this warranty and all available warranties shall be assigned to CLIENT.
C. Maintain responsibility to repair the system and for replacement of equipment if damages
are a direct result of negligence, acts or omissions of VTI and/or its agents.
D. Provide necessary labor for repairing defects in material or workmanship according to the
current VTI published service rates for your market area. (See section II)
III. Exclusions:
This warranty does not cover and there will be additional charges (as outlined in Section IV) for
any of the following:
A. Damage to the equipment resulting from: abuse, accident, act of nature (including
lightening strikes), improper operation, lack of reasonable care, power surge/loss, misuse,
neglect, unauthorized modification, or use in a manner for which the equipment was not
intended.
B. Loaner equipment. Subject to availability and upon the CLIENT's authorization, VTI
will provide rental equipment for device(s) that cannot be repaired on site. Standard
rental rates will be applied.
C. Consumable items including but not limited to Access Cards, VCR tapes and printheads
for printers.
D. Service on materials, devices, or software not sold and installed by VTI.
E. Diagnostic time spent by VTI to determine a product provided by others to be
incompatible with the rest of the CLIENT'S security system.
2
F. Service to repair, or assistance in diagnosing problems associated with CLIENT'S
telephone service or a CLIENT provided computer network(LAN/WAN).
G. The Client is responsible for all firewalls (hardware & software) and maintaining
adequate network security.
H. It is the CLIENT'S responsibility to perform routine system back-ups as recommended
by the manufacturer and/or VTI. Service work requested and performed by VTI because
of the CLIENT'S failure to do such back-ups will be billable. VTI recommends that
system back-ups are performed a minimum of once a week.
I. Additional training or unreasonable phone support required for system operation are not
considered to be covered by warranty and are billable.
IV. Exclusionary Service:
In the event that VTI determines system failure is not due to defects in equipment,
materials and/or workmanship,VTI will:
A. Provide necessary service labor according to the current VTI published service rates for
your market area. (See section II)
B. Upon the CLIENT'S authorization, provide replacement parts of equal quality, which
shall become the sole property of CLIENT upon installation. The replacement of any
parts or equipment installed by VTI during the term of this warranty shall be subject to
the terms and conditions of this warranty and all available warranties shall be assigned to
CLIENT.
V. Additional Terms and Conditions:
A. This Limited Warranty constitutes the entire agreement between the parties with respect
to the subject matter hereof and supersedes all prior proposals, negotiations and
communications, both oral or written, between the parties with respect to the subject
matter hereof, and no deviation from these terms and conditions shall be binding unless
in writing and signed by both parties.
B. Neither party shall assign all or any part of this Limited Warranty, or any interest therein,
without the other party's prior written consent, except that CLIENT may assign to any
corporate affiliate without the consent of VTI provided the CLIENT remains the
guarantor of all of its obligations under this warranty and VTI may assign to any
corporation affiliate or purchaser of all or any portion of VTI stocks or assets without
Customer consent, provided such assignee agrees to be bound by, and perform all of its
obligations in accordance with the terms and conditions of this warranty.
C. This limited warranty is entered into solely for the mutual benefit of VTI and CLIENT,
and no benefits, rights, duties or obligations are intended or created by this agreement as
to any third parties.
D. Any disputes, claims or controversies arising from or relating to this limited warranty
shall be adjudicated under the laws of the State of Minnesota. Any provision of this
Warranty that may be invalid or illegal in any State shall fall by itself in that State, but
shall in no way be held to invalidate any remaining provision otherwise not invalid or
3
illegal. Any provision of this contract that may be unenforceable on a particular state of
facts shall remain enforceable in other factual situation to the extent permitted by law.
E. VTI assumes no responsibilities, obligations, liabilities or any damages whatsoever
including but not limited to loss of use, data, profits or productivity for any special,
incidental, or consequential damages in connection with equipment malfunction whether
in an action of contract or tort, including negligence. VTI shall not be held responsible
for any loss to property or harm to persons as a result of equipment malfunction nor for
circumstances that cause a loss or casualty that may arise from the implied security
protection intended by the equipment used.
F. VTI may subcontract any or all of the work to be performed by it under this Warranty but
shall retain responsibility for the work subcontracted.
G. CLIENT is solely responsible for all system database information including but not
limited to Photo Images, Cardholder information, transaction history and/or activity logs.
VTI assumes no responsibility or obligations relating to any system database information
that is added, changed, damaged, lost, or removed during the period of this warranty. In
the event of a system database loss is directly due to a defect in materials or a result of
negligence, acts or omissions of VTI and/or its agents, VTI will restore system
configuration information to original installation specifications.
H. CLIENT must provide a suitable installation environment with all facilities as prescribed
by VTI and/or equipment manufacturer, including but not limited to: regulated electrical
power, air conditioning, humidity control, site conditions which do not represent a hazard
to the safety or health of any VTI employee, or any other special requirements as noted
by VTI. Failure to provide suitable environment may result in termination of this
Warranty and/or refusal of service. In the event that a CLIENT delays, prevents, or
causes responding Service Technicians from completing requested work within a
reasonable period, CLIENT will be charged for Technicians time according to schedules
listed in Section I, Paragraph D or Section III, Paragraph A.
I. This warranty is voided in the event any unauthorized person alters or repairs the
equipment or the equipment is transferred from its present service location to a different
service location outside of the normal service area of VTI.
4
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2017-
VACATION OF ALL THE UTILITY EASEMENT AS DEDICATED ON THE PLAT OF
STARRING LAKE FIRST ADDITION OVER LOT 1 THROUGH 7, BLOCK 2,
HENNEPIN COUNTY, MINNESOTA
VACATION 17-01
WHEREAS, the City of Eden Prairie has a certain Utility Easement described as follows:
All the Utility Easement as dedicated on the plat of STARRING LAKE FIRST ADDITION,
over Lots 1 through 7, Block 2, Hennepin County, Minnesota; and
WHEREAS, a Public Hearing was held on May 2, 2017, after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above
described Utility Easement has no relationship to the comprehensive municipal plan; and
WHEREAS, it has been determined that the said Utility Easement is not necessary and has no
interest to the public, therefore, should be vacated.
NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said Utility Easement described above is hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on May 2, 2017.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
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VACATION 17-01
NOTICE OF VACATION OF ALL THE UTILITY EASEMENT AS DEDICATED ON THE PLAT
OF STARRING LAKE FIRST ADDITION OVER LOTS 1 THROUGH 7, BLOCK 2,
HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the
Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on May 2, 2017 at 7:00 p.m. to
hear all persons present upon the proposed vacation of the utility easement described as follows:
All the Utility Easement as dedicated on the plat of STARRING LAKE FIRST ADDITION
over Lot 1 through 7, Block 2, Hennepin County, Minnesota.
By Order of the City Council
Published in the Eden Prairie News on April 13, 2017.
NOTIFICATION LIST
VACATION REQUEST 17-01
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
21-116-22-43-0010
21-116-22-43-0011
21-116-22-43-0012
21-116-22-43-0013
21-116-22-43-0014
21-116-22-43-0015
21-116-22-43-0016
A copy of the Public Hearing Notice has been sent to the following Utilities:
CenterPoint Energy
Century Link Communications
Comcast Cable
Xcel Energy
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 17-01 ITEM NO.: IX.A.
Denise Christensen Vacation of Utility Easement dedicated on
Starring Lake First Addition over Lots 1
Public Works/Engineering through 7, Block 2.
Requested Action
Move to: Close the public hearing; and
Adopt the resolution vacating all the Utility Easement as dedicated on the plat of
Starring Lake First Addition, over Lots 1 through 7, Block 2, Hennepin County,
Minnesota.
Synopsis
There has been a request to vacate the utility easement dedicated over Lot 5, Block 2, on the plat
of Starring Lake First Addition. The easement, as platted on Block 2, runs through the center of
Lots 1 through 7 and a number of homeowners now have auxiliary structures encroaching on the
easement. Since there is no public utility use of the easement, Engineering Staff recommends
that the entire easement be vacated to eliminate the encroachments.
Background Information
The utility easement to be vacated was originally dedicated with the plat of Starring Lake First
Addition. There is an auxiliary structure on Lot 5 encroaching in the easement and in order to
clear the title on the lot, the property owners would like this easement vacated. Upon reviewing
the request, Engineering Staff noticed a number of other auxiliary structures on other lots
encroaching on the easement. After contacting other public utilities and property owners, it has
been determined that the utility easement is not in use. Vacating the easement will eliminate the
number of encroachments.
Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims May 02, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 252762 - 252996
Wire Transfers 1016739 - 1016834
Wire Transfers 6089 - 6103
Purchasing Card
City of Eden Prairie
Council Check Summary
5/2/2017
Division Amount Division Amount
21,589 308 E-911 434
100 City Manager 20 315 Economic Development 5,256
101 Legislative 5,000 502 Park Development 13,899
111 Customer Service 3,752 509 CIP Fund 41,530
112 Human Resources 70 513 CIP Pavement Management 1,250
113 Communications 10,965 804 100 Year History 311
114 Benefits&Training 2,946 Total Capital Projects Fund 62,679
130 Assessing 10
131 Finance 7,916 601 Prairie Village Liquor 70,900
132 Housing and Community Services 8,500 602 Den Road Liquor 165,013
133 Planning 441 603 Prairie View Liquor 105,718
136 Public Safety Communications 2,431 605 Den Road Building 2,645
137 Economic Development 6 701 Water Enterprise Fund 133,711
151 Park Maintenance 20,377 702 Wastewater Enterprise Fund 18,907
153 Organized Athletics 1,003 703 Stormwater Enterprise Fund 106,371
154 Community Center 50,742 Total Enterprise Fund 603,264
156 Youth Programs 2,030
158 Senior Center 7,224 802 494 Commuter Services 18,488
161 Oak Point Pool 4,395 803 Escrow Fund 17,810
163 Outdoor Center 1,449 806 SAC Agency Fund 7,480
168 Arts Center 387 807 Benefits Fund 469,900
180 Police 13,942 809 Investment Fund 9,115
184 Fire 27,888 811 Property Insurance 18,131
186 Inspections 130 812 Fleet Internal Service 51,680
200 Engineering 10 813 IT Internal Service 18,734
201 Street Maintenance 100,102 815 Facilites Operating ISF 24,704
202 Street Lighting 71,952 816 Facilites City Center ISF 49,630
Total General Fund 365,278 817 Facilites Comm.Center ISF 79,053
Total Internal Svc/Agency Funds 764,723
301 CDBG 11,030
303 Cemetary Operation 33 Report Total 1,807,104
312 Recycle Rebate 97
Total Special Revenue Fund 11,160
City of Eden Prairie
Council Check Register by GL
5/2/2017
Check# Amount Supplier/Explanation Account Description Business Unit Comments
6098 246,101 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Tax
6096 161,703 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA
1016789 144,030 XCEL ENERGY Electric Street Lighting Electric bills
6094 100,545 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales tax Mar 2017
1016834 83,379 XCEL ENERGY Electric Water Supply(Wells)
1016790 67,265 ZIEGLER INC Equipment Parts Stormwater Capital
252951 47,238 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
252959 43,644 MIDSTATES EQUIPMENT&SUPPLY Crack Filling Street Maintenance
252777 37,235 CARGILL INC Salt Snow&Ice Control
1016808 36,992 WSB&ASSOCIATES INC Other Contracted Services Capital Maint.&Reinvestment
252946 36,826 INDEPENDENT SCHOOL DISTRICT 272 CAM School City Hall-CAM
252932 34,290 FREE MOTION FITNESS Capital Under$25,000 Fitness Center
252769 32,360 BLUE WATER SCIENCE OCS-Studies Stormwater Non-Capital
252826 28,709 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
252967 25,710 NELSON AUTO CENTER,INC Autos Fleet-Police
252982 24,759 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
6100 23,818 EMPOWER Deferred Compensation Health and Benefits
252876 21,164 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
6099 17,325 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
252916 16,100 CLIFTONLARSONALLEN LLP Audit&Financial Finance
252910 15,879 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store
1016787 14,810 WALL TRENDS INC Contract Svcs-General Bldg City Hall-CAM
6091 14,675 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
252955 14,043 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
252824 13,809 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
252773 13,741 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store
1016826 13,404 POMP'S TIRE SERVICE INC Tires Fleet Operating
252938 12,755 GRAYMONT Treatment Chemicals Water Treatment
252936 11,672 GENERAL OFFICE PRODUCTS COMPANY Office Supplies Water Treatment
252913 11,000 CABINETS FOR EVERYONE INC Other Contracted Services Rehab
6092 10,831 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission
252993 10,606 VIDEOTRONIX INC Video&Photo Supplies Aquatics Admin.
252911 10,281 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store
1016759 9,818 SITEONE LANDSCAPE SUPPLY,LLC Conference/Training Park Acquisition&Development
252776 9,500 CAPREF EDEN PRAIRIE LLC Deposits Escrow
252949 9,133 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
252901 9,115 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund
252900 8,969 3D SPECIALTIES Asphalt Overlay Traffic Signs
252808 8,539 GRAYMONT Treatment Chemicals Water Treatment
252973 8,226 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
252983 8,010 SPACK CONSULTING Deposits Escrow
252914 7,638 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
252902 7,480 ANDERSON COMPANY Due to Other Governments SAC Agency Fund
252772 7,207 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store
1016774 7,145 MINNESOTA ATHLETIC APPAREL Operating Supplies-Dept Events Fire
252992 7,055 VERIZON WIRELESS Other Contracted Services IT Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1016825 6,975 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance
252797 6,962 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Capital Maint.&Reinvestment
252866 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
252930 6,450 FIRE SAFETY USA INC Equipment Repair&Maint Fire
252841 6,120 MEDICINE LAKE TOURS Special Event Fees Trips
6089 5,805 SELECT ACCOUNT HRA Health and Benefits
1016817 5,740 HAWKINS INC Treatment Chemicals Water Treatment
1016764 5,608 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM
252833 5,256 LANDMARK REMODELING LLC Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING
252966 5,000 NATIONAL RESEARCH CENTER INC Other Contracted Services City Council
1016813 4,798 CENTERPOINT ENERGY Gas Water Supply(Wells)
1016761 4,702 VAN PAPER COMPANY Cleaning Supplies Fire Station#4
1016769 4,626 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering
252860 4,465 PRINTING ENTERPRISES INC Printing Communications
252796 4,395 EDEN PRAIRIE SCHOOL Other Contracted Services Oak Point Operations
1016746 4,216 BRAUN INTERTEC CORPORATION Other Contracted Services Park Acquisition&Development
252857 4,167 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
252799 4,000 ETHICAL LEADERS IN ACTION LLC Other Contracted Services Fire
252774 3,900 CABIN FEVER SPORTINGS GOODS Operating Supplies Staring Lake
252794 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service
252903 3,697 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
252991 3,648 VALLEY RICH CO INC Equipment Repair&Maint Wasterwater Collection
252971 3,607 PARK NICOLLET CLINIC Health&Fitness Fire
252766 3,527 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
252892 3,512 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
252965 3,250 MOVEFWD INC Other Contracted Services Housing and Community Service
252845 3,222 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
252856 3,132 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store
252779 3,088 CENTURYLINK Telephone City Hall-CAM
252832 3,077 LAKE COUNTRY DOOR LLC Insurance Public Works/Parks
252956 3,050 MACQUEEN EQUIPMENT INC Small Tools Wasterwater Collection
1016783 3,009 STREICHERS Clothing&Uniforms Police
1016822 2,984 LOVEGREEN INDUSTRIAL SERVICES INC Equipment Repair&Maint Water Treatment
252972 2,767 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store
252942 2,632 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
6103 2,530 AMERICAN EXPRESS Bank and Service Charges Finance
252989 2,476 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire
252792 2,431 EARL F ANDERSEN INC Signs Park Maintenance
252819 2,429 HYDRO KLEAN Equipment Parts Wasterwater Collection
1016832 2,410 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store
252869 2,319 SEALBOSS CORP Repair&Maint.Supplies Wasterwater Collection
252822 2,295 INTERTECH INC Contract Development IT Operating
252816 2,290 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
252947 2,263 INTEGRITY REMODELING&DESIGN GROUP LLC Contract Svcs-General Bldg Cummins Grill House
1016809 2,253 ANCHOR PAPER COMPANY Office Supplies Customer Service
1016772 2,218 LANDS END CORPORATE SALES Clothing&Uniforms Police
252931 2,200 FOUNDATION BUSINESS SYSTEMS,LLC Capital Under$25,000 Stormwater Non-Capital
1016803 2,150 SITEONE LANDSCAPE SUPPLY,LLC Operating Supplies Street Maintenance
252943 2,033 HYDRO-VAC INC Equipment Repair&Maint Stormwater Collection
1016818 2,032 HORIZON COMMERCIAL POOL SUPPLY Contract Svcs-Pool Pool Maintenance
Check# Amount Supplier/Explanation Account Description Business Unit Comments
252785 2,014 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission
1016788 2,014 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store
1016807 1,967 WENCK ASSOCIATES INC OCS-Studies Stormwater Non-Capital
1016763 1,967 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
252904 1,935 ARVIG Fiber Lease Payments IT Operating
252843 1,800 MESSERLI&KRAMER Deposits 494 Corridor Commission
252906 1,795 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store
252883 1,722 TEAM LABORATORY CHEMICAL CORPORATION Repair&Maint.Supplies Wastewater Lift Station
252770 1,704 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
1016767 1,700 CDW GOVERNMENT INC. Computers-Monitors IT Operating
252882 1,698 TACTICAL SOLUTIONS INC Equipment Repair&Maint Police
252812 1,672 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police
252834 1,620 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
252827 1,568 JOHNSON CONTROLS Contract Svcs-HVAC Water Treatment
252840 1,525 LUTHY SANDBLASTING&PAINTING INC Equipment Repair&Maint Fleet Operating
252889 1,510 VESSCO INC Equipment Parts Water Treatment
252988 1,435 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
252802 1,397 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission
252990 1,380 UNIFORMS UNLIMITED Clothing&Uniforms Police
252817 1,375 HOMELINE Other Contracted Services Housing and Community Service
1016833 1,295 WM MUELLER AND SONS INC Landscape Materials/Supp Street Maintenance
1016828 1,260 RAY ALLEN MANUFACTURING CO INC Autos Fleet-Police
252805 1,250 GOODPOINT TECHNOLOGY INC Design&Engineering CIP Pavement Management
1016821 1,142 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
252909 1,134 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
1016812 1,122 CDW GOVERNMENT INC. Hardware-Other IT Operating
1016752 1,108 HACH COMPANY Equipment Repair&Maint Water Treatment
1016805 1,076 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr
252996 1,059 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
252863 1,002 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM
1016745 1,001 BOUNDLESS NETWORK Capital Under$25,000 Water Conservation
252884 1,000 TGA PREMIER GOLF AND TENNIS Instructor Service Tennis
252954 1,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
252848 988 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications
252836 983 LIONS GATE MARKETING Operating Supplies Senior Center Admin
252767 945 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance
252987 942 STERLING FENCE INC Building Capital Maint.&Reinvestment
252801 928 FIRE SAFETY USA INC Equipment Repair&Maint Fire
252984 921 SPOK,INC. Pager&Cell Phone IT Operating
1016806 906 VINOCOPIA Liquor Product Received Prairie View Liquor Store
252775 890 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
252940 885 GYM WORKS Equipment Repair&Maint Fitness Center
252887 880 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Softball
252837 878 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating
1016823 874 MENARDS Equipment Repair&Maint Flying Cloud Fields
1016768 871 CENTERPOINT ENERGY Gas Prairie View Liquor Store
252763 849 ALADTEC INC Software Maintenance IT Operating
252861 800 PROMO WORLD LLC Deposits 494 Corridor Commission
1016770 791 GRAINGER Small Tools City Center Operations
6093 790 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
252781 773 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie Village Liquor Store
252912 772 BROCK WHITE COMPANY LLC Repair&Maint.Supplies Wasterwater Collection
1016740 770 ALBERS,JASON Tuition Reimbursement/School Organizational Services
252768 769 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store
252895 764 YORKTOWN OFFICES Deposits 494 Corridor Commission
252899 762 PETTY CASH Mileage&Parking Stormwater Non-Capital
252786 758 COSTCO Operating Supplies-Dept Events Concessions
252825 757 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
252928 748 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store
252927 736 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet-Police
1016757 733 ROSE,ALECIA Employee Award Organizational Services
252885 708 TKO WINES,INC Liquor Product Received Den Road Liquor Store
1016796 700 HIGGINS,RYAN Operating Supplies IT Telephone
252844 680 MIDWEST SAFETY COUNSELORS INC Conference/Training Park Maintenance
1016795 672 FASTENAL COMPANY Safety Supplies Park Maintenance
252809 656 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
252780 637 CENTURYLINK Other Broadband Internet Water Distribution
252975 637 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store
1016831 626 WATSON CO INC,THE Merchandise for Resale Concessions
252807 625 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
252846 625 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police
1016778 621 PRAIRIE ELECTRIC COMPANY Supplies-HVAC Fitness/Conference-Cmty Ctr
252793 601 ECOLAB Repair&Maint.Supplies Concessions
252868 598 SCHELEN-GRAY AUTO ELECTRIC Equipment Repair&Maint Water Treatment
252813 595 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications
1016810 588 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
1016816 579 GRAINGER Equipment Parts Park Maintenance
252804 579 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg City Center Operations
252782 574 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
252859 569 PRINT SOURCE MINNESOTA Training Supplies Utility Operations-General
1016800 568 PROSOURCE SUPPLY Cleaning Supplies Pool Maintenance
252985 564 STAPLES ADVANTAGE Office Supplies Customer Service
252907 550 BLOOMINGTON,CITY OF Kennel Services Animal Control
1016773 537 MENARDS Repair&Maint.Supplies Outdoor Center
1016811 524 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
252771 511 BOYER FORD TRUCKS Equipment Parts Fleet Operating
1016765 509 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
252944 501 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
252958 495 METROPOLITAN COMPOUNDS INC Operating Supplies Water Distribution
252821 494 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1016771 493 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
1016819 493 KIDCREATE STUDIO Instructor Service Arts Center
252762 490 PETTY CASH-POLICE DEPT Operating Supplies Police
252886 477 TRUCK UTILITIES MFG CO Equipment Repair&Maint Fleet Operating
252879 477 STAPLES ADVANTAGE Office Supplies Customer Service
252924 475 CREATURE ENCOUNTERS INC Other Contracted Services Outdoor Center
1016815 467 FORCE AMERICA Equipment Repair&Maint Fleet Operating
252960 461 MIDWAY INDUSTRIAL SUPPLY CO INC Supplies-Plumbing Fire Station#1
252961 460 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie Village Liquor Store
252939 453 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
Check# Amount Supplier/Explanation Account Description Business Unit Comments
252855 435 PARK NICOLLET CLINIC Employment Support Test Organizational Services
252811 431 HEALTHPARTNERS Employment Support Test Organizational Services
252829 413 KEEPRS INC. Clothing&Uniforms Animal Control
252881 405 SYMBOLARTS Operating Supplies Safety Camp
1016777 402 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
252803 387 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
252875 375 SOUNDS GREAT&SPECIAL SOUNDS INC Other Contracted Services Special Events&Trips
1016791 372 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities
252964 364 MOLITOR&ASSOCIATES AR Utility Water Enterprise Fund
1016786 359 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services
1016762 352 VANDENBERGHE,MARK Travel Expense Fire
1016748 351 CHEMSEARCH Contract Svcs-Pool Pool Maintenance
1016751 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service
252994 338 WATSON FURNITURE GROUP Equipment Repair&Maint E-911 Program
1016741 335 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store
1016820 326 LANDS END CORPORATE SALES Clothing&Uniforms Police
1016766 314 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
252974 310 PLANT&FLANGED EQUIPMENT Repair&Maint.Supplies Round Lake
252810 305 GRUBER ACCOUNTING Deposits 494 Corridor Commission
1016747 302 CARLSTON,BRANDON Clothing&Uniforms Police
252893 300 WYMAN PAUL Refunds Water Conservation
252898 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow
1016775 293 OENO'S DISTRIBUTION Liquor Product Received Den Road Liquor Store
252926 288 E A SWEEN COMPANY Merchandise for Resale Concessions
252950 288 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment
252979 287 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
6095 284 VANCO SERVICES Bank and Service Charges Wastewater Accounting
252915 282 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
252937 281 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
252806 280 GOPHER Operating Supplies Gymnasium(CC)
1016830 273 UPS Postage Planning
1016801 251 QUALITY PROPANE Motor Fuels Fleet Operating
252764 250 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events
252980 250 RUFFRIDGE JOHNSON EQUIPMENT CO INC Conference/Training Street Maintenance
1016739 250 ADAMS PEST CONTROL INC Other Contracted Services Fitness/Conference-Cmty Ctr
1016742 243 BERKBIGLER,RIK Travel Expense Fire
1016814 235 FERRELLGAS Gas Dorenkemper House
1016824 234 MINNESOTA EQUIPMENT Equipment Repair&Maint Park Maintenance
252795 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police
252953 226 KEEPRS INC. Clothing&Uniforms Fire
1016780 214 SPRINT Deposits 494 Corridor Commission
252789 212 DIRECTV Cable TV Community Center Admin
252872 209 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
1016744 207 BORG,STEVE Travel Expense Water Treatment
1016829 207 TOWMASTER INC Equipment Parts Fleet Operating
252920 203 COMCAST Cable TV Fire
252977 202 REGENTS OF THE UNIVERSITY OF MINNESOTA Operating Supplies Outdoor Center
252830 200 KENDELL DOORS&HARDWARE INC Contract Svcs-Security Den Road Building
252871 200 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating
252934 199 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance
Check# Amount Supplier/Explanation Account Description Business Unit Comments
6097 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
252835 195 LEIFELD FRAMING Operating Supplies Police
252948 187 J H LARSON COMPANY Repair&Maint. Supplies Flying Cloud Fields
1016743 183 BERRY COFFEE COMPANY Merchandise for Resale Concessions
252923 180 COMCAST Other Broadband Internet IT Operating
252969 178 OLSEN CHAIN&CABLE Repair&Maint.Supplies Water Distribution
252941 176 HD SUPPLY WATERWORKS LTD Equipment Parts Park Maintenance
1016794 171 BUSINESS ESSENTIALS Office Supplies Utility Operations-General
6101 167 OPTUM HEALTH Other Contracted Services Health and Benefits
252765 166 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
1016756 162 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
252865 150 RIFFLAND SOLUTIONS Capital Under$25,000 Recycle Rebate
252935 150 GENERAL MACHINING INC. Equipment Repair&Maint Park Maintenance
252784 140 COMCAST Deposits 494 Corridor Commission
252864 134 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
252925 133 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1016749 130 CUSTOM HOSE TECH Equipment Parts Fleet Operating
1016784 129 TOWMASTER INC Equipment Parts Fleet Operating
252854 127 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr
1016799 126 MY CABLE MART Computers-Monitors IT Operating
252888 125 UNIVERSITY LANGUAGE CENTER Other Contracted Services Police
252791 124 DOHERTY,SANDRA L Operating Supplies Athletic Programs Admin
1016797 121 KALLIGHER,ANDREA Mileage&Parking Community Center Admin
252978 120 RIEDER GILLIAN Licenses,Permits,Taxes,Fees Pool Lessons
1016827 120 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Pool Maintenance
1016753 112 KARST,JOAN E Supplies-General Building City Center Operations
1016792 110 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store
252790 109 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1016754 106 KRUEGER,MARK Operating Supplies Reserves
252929 105 EXECUTIVE OCEAN Operating Supplies Heritage Preservation
252814 102 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
252918 100 COMCAST Cable TV Fire
252778 100 CARROLL BRIAN Refunds Water Conservation
252800 100 FIEDLER TIM Refunds Water Conservation
252815 100 HEUCHERT KAREN Refunds Water Conservation
252818 100 HUBERT SARAH Refunds Water Conservation
252838 100 LUCKI JAMES Refunds Water Conservation
252839 100 LUEDTKE JAMES Refunds Water Conservation
252847 100 MN/SCIA Tuition Reimbursement/School Police
252851 100 OCHS MICHAEL Refunds Water Conservation
252867 100 SARDELLI CATHY Refunds Water Conservation
252873 100 SMITH OTHA Refunds Water Conservation
252896 100 ZARNS,GEORGE Refunds Water Conservation
252963 100 MOBERG DENNIS Refunds Water Conservation
252968 100 NORTON ANNETTE Refunds Water Conservation
252986 100 STATE OF MINNESOTA DEPT OF PUBLIC SAFETY Contract Svcs-Fire/Life/Safe Ice Arena Maintenance
1016755 96 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
1016779 96 SHERWIN WILLIAMS CO Operating Supplies Outdoor Center
252945 95 INDEPENDENT EMERGENCY SERVICES LLC Equipment Repair&Maint E-911 Program
252933 95 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions
Check# Amount Supplier/Explanation Account Description Business Unit Comments
252970 94 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
252842 89 MEREDITH KATE Deposits 494 Corridor Commission
252853 86 OLSEN CHAIN&CABLE Operating Supplies Park Maintenance
1016798 85 MCMONIGAL,CAROLE Tuition Reimbursement/School Fitness Classes
6090 81 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits
1016793 72 BATTERIES PLUS Repair&Maint.Supplies Prairie Village Liquor Store
252870 72 SHRED RIGHT Waste Disposal City Center Operations
1016782 72 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General
252908 70 BLUE TARP FINANCIAL INC Small Tools Park Maintenance
252823 69 IVERSON,MARGARET P&R Refunds Community Center Admin
252831 61 KROWEZ SAMANTHA Operating Supplies Arts Center
1016804 61 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating
252995 58 WHEELER LUMBER LLC Equipment Parts Water Treatment
252880 55 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
252981 52 SNAP-ON TOOLS Small Tools Fleet Operating
252890 50 WALTON JAMES Refunds Water Conservation
252897 50 WASHINGTON COUNTY SHERRIFF'S OFFICE Tuition Reimbursement/School Police
252905 50 AUTIO WENDY Refunds Water Conservation
252962 50 MN/SCIA Tuition Reimbursement/School Police
1016776 48 O'REILLY AUTOMOTIVE INC Small Tools Fleet Operating
1016802 45 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store
252952 43 JOHNSTONE SUPPLY Supplies-HVAC Water Treatment
1016750 40 FASTENAL COMPANY Repair&Maint.Supplies Traffic Signs
1016758 36 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store
252850 35 NELSON,ROBIN Deposits 494 Corridor Commission
252820 35 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs
1016760 35 TOLL GAS AND WELDING SUPPLY Operating Supplies-Dept Events Fire
252976 33 POWER UP PRODUCTS LLC Merchandise for Resale Concessions
1016781 32 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Equipment Repair&Maint Park Maintenance
6102 25 SELECT ACCOUNT HRA Health and Benefits
252877 25 SOUTHWEST TRANSIT Deposits 494 Corridor Commission
252894 24 YANAMANDALA SRIKANTH Refunds Water Conservation
252788 24 DE MIRA MARIQUITA Deposits 494 Corridor Commission
252858 22 POWER UP PRODUCTS LLC Merchandise for Resale Concessions
252852 20 OFFICE OF MN IT SERVICES Other Contracted Services Police
252874 20 SOLUTION BUILDERS Deposits 494 Corridor Commission
252957 20 MAMA Miscellaneous Administration
252787 20 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission
252917 18 COMCAST Cable TV Fire
252922 18 COMCAST Cable TV Fire
1016785 17 UPS Postage Public Safety Communications
252919 16 COMCAST Cable TV Fire
252921 16 COMCAST Cable TV Fire
252828 13 JOHNSTONE SUPPLY Supplies-HVAC Water Treatment
252849 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police
252862 10 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Deposits 494 Corridor Commission
252783 5 COMCAST Cable TV Fire
1,807,104 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances &Resolutions May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A.
Approve First Reading of Ordinance
Richard F. Rosow Amending City Code Section 2.05 Relating to
City Attorney Salaries of the Mayor and Council Members
Requested Action
Move to: Approve First Reading of Ordinance Amending City Code Section 2.05 Relating to
Salaries of the Mayor and Council Members.
Synopsis
City Code Section 2.05 is being amended to provide for automatic,biannual cost-of-living increases
to the salaries of the mayor and council members, as well as potential lump-sum increases.
Background Information
Pursuant to direction from the Council,we have prepared an amendment to Section 2.05 that would
implement automatic cost-of-living increases to the salaries of the mayor and council members.The
cities of Edina, Plymouth, and Woodbury currently provide for these types of increases in their
ordinances. The draft ordinance ties the increase to the percentage increase in the Compensation
Limit for Local Government Officials(the so-called"Governor's Salary Cap").Because Minnesota
Statutes § 415.11 allows salary increases to take effect only after the next municipal election,these
cost-of-living increases would be implemented biannually.Each increase would become effective on
January 1 after the preceding regular City election, held in even-numbered years.
In addition,we have included blank lines in subdivisions 1 and 2 of the amended Section 2.05 for the
Council to discuss and decide whether it wants to adopt lump-sum increases in mayor and
councilmember salaries. Under Minnesota Statutes § 415.11, discussed above, any increase would
take effect on January 1, 2019.
Attachment
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2017
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 2 RELATING TO SALARIES OF THE MAYOR AND
COUNCIL MEMBERS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1
AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 2, Section 2.05, Subdivision 1, is hereby deleted in its entirety and
replaced with the following:
Subd. 1. The monthly salary of the Mayor shall be $1,125.00 until December 31, 2018,
and shall be $ thereafter, subject to increases as provided in subdivision 3.
Section 2. City Code Chapter 2, Section 2.05, Subdivision 2, is hereby deleted in its entirety and
replaced with the following:
Subd. 2. The monthly salary of each Council Member shall be $895.00 until December
31, 2018, and shall be $ thereafter, subject to increases as provided in
subdivision 3.
Section 3. City Code Chapter 2, Section 2.05, Subdivision 3, is hereby amended by adding the
following subsection C:
C. Following the regular City election held in 2018, and following each subsequent
regular City election, the salary of the Mayor and each Council Member shall be
adjusted following the City election to become effective January 1 in a percentage
equal to the total percentage increase since the last salary adjustment contained in
the Compensation Limit for Local Government Employees annually published by
the Minnesota Office of Management and Budget, pursuant to Minn. Stat. §
43A.17.
Section 4. City Code Chapter 2, Section 2.05, Subdivision 4, is hereby deleted in its entirety.
Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 6. This ordinance shall be in effect from and after the date of its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2017, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of , 2017.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
Published in the Eden Prairie News on the day of , 2017.
CITY COUNCIL AGENDA DATE:
SECTION: Reports of Council Members May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.1.
City Council Resolution Recommending Appointment to
the Board of Managers for the Lower
Minnesota River Watershed District
Requested Action
Move to: Adopt a resolution recommending the appointment of Mark Brown to the vacant term
on the Board of Managers for the Lower Minnesota River Watershed District.
Background Information
There is currently a vacant manager position on the Lower Minnesota River Watershed District
(LMRWD). Appointments to a watershed district's board of managers are made by the County
Commission in which the district falls. The City Council has previously expressed its desire to
play an active role is recommending residents for appointment. The attached resolution
officially proclaims the City Council's support for the appointment Mark Brown to the LMRWD
board of managers.
Attachment
Resolution of Support
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2017-
A RESOLUTION RECOMMENDING APPOINTMENT TO THE BOARD OF
MANAGERS FOR THE LOWER MINNESOTA RIVER WATERSHED DISTRICT
WHEREAS, appointments to the Lower Minnesota River Watershed District Board of Managers
are made by the County Commission in which the District falls; and
WHEREAS, the City of Eden Prairie desires to have citizen representation from Eden Prairie on
the Lower Minnesota River Watershed District.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council, that Mark Brown
is recommended for appointment to the Board of Managers for the Lower Minnesota River
Watershed District.
ADOPTED by the Eden Prairie City Council on May 2, 2017.
Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Reports of Council Members May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.2.
City Council Resolution Recommending Appointments to
the Board of Managers for the Riley-
Purgatory-Bluff Creek Watershed District
Requested Action
Move to: Adopt a resolution recommending the appointment of to the first
term expiring, and to the second term expiring on the Board of
Managers for the Riley-Purgatory-Bluff Creek Watershed District.
Background Information
Two manager positions on the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) are
set to expire in July of 2017. Appointments to a watershed district's board of managers are made
by the County Commission in which the district falls. The City Council has previously
expressed its desire to play an active role is recommending residents for appointment. The
attached resolution officially proclaims the City Council's support for the appointment of certain
individuals to the watershed district board. Eden Prairie residents Jim Bracke, Paul Bulger,
Perry Forster, Pete Iverson, John Kirk, and Dick Ward have submitted letters of interest to serve
on the RPBCWD board of managers.
The Council resolution needs to include a minimum of three persons for each term expiring, but
can included as many as six.
Attachment
Resolution of Support
Letters of Interest(Jim Bracke,Paul Bulger,Perry Forster,Pete Iverson,John Kirk,and Dick Ward)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2017-
A RESOLUTION RECOMMENDING APPOINTMENTS TO THE BOARD OF
MANAGERS FOR THE RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT
WHEREAS, appointments to the Riley-Purgatory-Bluff Creek Watershed District Board of
Managers are made by the County Commission in which the District falls; and
WHEREAS, approximately fifty-eight (58) percent of Eden Prairie's land mass falls within the
boundaries of the Riley-Purgatory-Bluff Creek Watershed District; and
WHEREAS, approximately forty-four (44) percent of Riley-Purgatory-Bluff Creek Watershed
District's landmass falls within the boundaries of Eden Prairie; and
WHEREAS, the City of Eden Prairie desires to have citizen representation from Eden Prairie on
the Riley-Purgatory-Bluff Creek Watershed District.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
1. are recommended for appointment to
the Board of Managers for the Riley-Purgatory-Bluff Creek Watershed District for the
first term expiring.
2. are recommended for appointment to
the Board of Managers for the Riley-Purgatory-Bluff Creek Watershed District for the
second term expiring.
ADOPTED by the Eden Prairie City Council on May 2, 2017.
Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
A /7
EQUITY PROPERTY GROUP
April 24, 2017
Mr. Robert Ellis
Public Works Director
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4485
RE: Riley-Purgatory-Bluff Creek Watershed District Board of Managers
Dear Robert,
Thanks to both you and Rick for your time in discussing the Riley-Purgatory-Bluff Creek Watershed
District. I had discussed this position earlier with Jan Callison as well as David Lindahl and came away
from our meeting feeling a strong interest in serving on the District's Board of Managers. My work
experience over the years has made me keenly aware of the importance of both protecting and
improving the water resources of a community. I spent about half of my career with General Growth
Properties(which for many years had a large presence in Eden Prairie) having had responsibility for a
large number of regional shopping centers in various locations throughout the United States. Having
total responsibility for all business functions within my portfolio of shopping centers including
expansions, renovations,as well as the property management issues would frequently cause us to work
closely with local municipalities on storm water retention, pollution control, and other issues that might
include working with a state's Department of Natural Resources. Over the years, I had responsibility for
various shopping centers in 23 states literally from Florida to Washington and upstate New York to
Oahu. For the past several years I have headed Equity Property Group which is totally involved in all
segments of commercial real estate including development and have dealt with pollution control and
water retention issues on a variety of smaller developments.
While I am known by our Mayor as well as each of the council members, I thought it would be
appropriate to briefly outline my experience serving on various boards both within the community
as well as within my industry:
•Eden Prairie Chamber of Commerce-board member from 2006-2010. Served as board chair
In 2009.
•Eden Prairie Community Foundation-board member from 2008-2014. Served as board chair
in 2013.
•PROP(People Reaching Out to People)-board member from 2011-present. Served as board
chair from July 2013-Dec.2014.
•Minnesota Shopping Center Association-served on legislative board from 1994-present.
•International Council of Shopping Centers-Operations Chair for Minnesota, North &South
Dakota-1999-2002.
<hCA lr U d d 2/2
We moved to Eden Prairie in August of 1990 from West Des Moines, Iowa. Both of our daughters were
recipients of a wonderful education in the Eden Prairie school system which allowed them to excel in
college and now in life. Martha and I are proud citizens of this community and feel grateful for the
opportunities our daughters have been given,the quality of life we have experienced here and feel a
real sense of wanting to be involved in opportunities that will continue to make Eden Prairie such a
great community.
I believe that I have the background to serve on this board and my experience should give me a unique
perspective to effectively deal with the issues that will confront the watershed district in the future.
Sincerely,
ale-A01
Richard Ward
Cc: Rick Getschow
.r k/
Mr. Rick Getschow April 6, 2017
City Manager
Mr. Robert Ellis
Public Works Director
City of Eden Prairie
8080 Mitchell Rd.
Eden Prairie,MN 55344
Dear Rick and Robert,
It was great meeting with you a few weeks ago to discuss volunteer opportunities in
support of Eden Prairie. As a resident of approximately 36 years, I truly appreciate
the quality of life that living in this community provides for the residents. It is a
privilege to be able to do a small part to maintain and grow the Eden Prairie
experience.
As we discussed, I am interested in expanding my volunteer activities and am
interested in being considered as a candidate to be a manager of the Riley Purgatory
Bluff Creek Watershed District.
For the past few years I have been intrigued in the watershed district and attended
several meetings. The diversity of issues is wide and impact significant. With 12
years on the Eden Prairie Planning Commission, I can see some parallels as well as
some new challenges such as budget management,staffing, etc,to face in the
Watershed District.
My referenced (and continuing) Planning Commission experience combined with an
engineering background and executive management experience (VP and SVP level)
at two different companies are all good preparation for the diverse responsibilities
of the manager role. It would be exciting to be part of another organization tasked
with the responsibility to manage some of the most significant natural features of
Eden Prairie and surrounding communities.
Please let me know if there is any additional information that you need from me. I
look forward to the next steps in the process with Hennepin County..
Best regards,
John Kirk •
15365 Village Woods Dr.
Eden Prairie, MN 55347
612 702 1855
enterprise.2.kirk@gmail.com
•
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March 1, 2017
✓Robert Ellis
Public Works Director
Rich Getschow
• City Manager
Eden Prairie City Hall
8080 Mitchell Road
Eden Prairie, MN 55344
Gentlemen,
Thank you for the opportunity to discuss my potential candidacy for a Manager position on the
RPBCWS Board with you.
This follow up letter is to affirm my interest in that opportunity. I believe that I have the right
combination of public, senior business management, and technical backgrounds that could
make me a good representative of the Eden Prairie citizenry on this Board. My biography,
below, is also attached as a separate document for your convenience.
James W. (Jim) Bracke, age 69, is a 20-year resident of Eden Prairie. He currently serves
as Vice President of EPIEN Medical, St. Paul, MN. His 36-year occupational career has
encompassed a range of senior executive positions in both public and private companies
in scientific research, business, and as a business and technology consultant. Some of his
past experience includes positions at 3M, Lifecore Biomedical,Nestle Health Care
Nutrition, and National Green Gas. His original training included an emphasis on
environmental microbiology from Minnesota State, Mankato (MA, Biology) and the
University of Iowa(PhD, Microbiology). He is married with two married children and
three grandchildren, all of whom are also Eden Prairie residents.
If you require different, or an expanded resume, please let me know.
I will look forward to hearing from you about next steps.
Sincerely,
Jim Bracke
c c;.c e Z(z
Jim Bracke, age 69, is a 20-year resident of Eden Prairie. He currently serves as
Vice President of EPIEN Medical of St. Paul, MN. His 36-year occupational
career has encompassed a range of senior executive positions in both public and
private companies in scientific research, business, and as a business and
technology consultant. Some of his past experience includes positions at 3M,
Lifecore Biomedical, Nestle HealthCare Nutrition, and National Green Gas. His
original training included an emphasis on environmental microbiology from
Minnesota State, Mankato (MA, Biology) and the University of Iowa (PhD,
Microbiology). •
He is married with two married children and three grandchildren, all Eden Prairie
residents.
•
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P61/4/ k 6.1yr a
23 March 2017 •
Robert Ellis,PE,Public Works Director
Rick Getschow, City Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
RE: Letter of Interest RPBCWD District Board Application
This letter is submitted to express my interest in applying for the Board of Managers positions •
that will open in July 2017 for the Riley Purgatory Bluff Creek Watershed District(RPBCWD).
I appreciate the opportunity to meet with you a couple of weeks ago to learn more about the City
of Eden Prairie and RPBCWD relationship. The City has pursued a commitment to the
environment, as shown by the Sustainable Eden Prairie program, including the fleet fuel
efficiency and Fire Station water reuse project. These programs are encouraging and •
demonstrate the City's commitment to sustainable practices. I would welcome the support of the
City of Eden Prairie in my application for the RPBCWD Board.
My desire to serve on the RPBCWD Board is a combination of my interests and expertise. I
have been a life-long enthusiast of spending time outdoors and concerned about protecting •
. earth's natural resources. I greatly enjoy the various city, county, state and national parks and
other preserved lands. In particular,I appreciate that the Twin Cities metro area has an
abundance.of lakes, creeks and rivers,with good public access, including within RPBCWD. My
present home and backyard abuts the Timber Creek Conservation Area along Purgatory Creek. I
frequently enjoy spending time viewing the Conservation Area, which is a scenic floodplain and
vegetated area, with abundant wildlife. I also regularly use the trail systems and kayak in the
lakes, so think it is important to protect these resources.
My education and work experience includes a valuable mix of expertise with the natural sciences
and government regulations. I obtained a BS in Geology and MS in Hydrogeology
(Groundwater Geology). The initial part of my career was in the area of groundwater protection,
working with environmental regulations and resource protection for 13 years. For the second
part of my career over the past 17 years, I have continued to work with regulations, in the
medical device area. This combined experience gives me solid skills to understand the District
mission and complex role to protect creeks, rivers and lakes.
Since 2015 I have been involved with the RPBCWD, as a member of the Citizens Advisory
Committee(CAC) and frequently attend the Board of Managers meetings. This has been a
valuable experience given the time it takes to understand the history of the watershed and
multitude of projects. The District is in the process of updating the RPBCWD 10-Year Plan,
which has been a long term effort. My primary goals in helping to formulate the Plan are to
•
• • pe,s.A 1/4c,- z72_
ensure we define the:District priorities and make the project•decision.making process transparent
• tothepublic. .
I would Bice to continue to be involved with the'Watershed District to:protect these valuable
watershed resources, This can be achieved by following the regiilatiOns;.White overstetg
timelypermit review.process, Vsingthis•approach will strive for balancing development and
responsible land.use:in sensitive areas. Further; I feel it is importantto have effective programs.
• to educate the public,about sustainable water use and prbte.c.tion. Increased public.echication.will
help a large•segrnerit of society to appreciate how*their daily behaViors..•affect.'watershedliealth.. I
amn looking to use.ray technical skills and understanding of the regulatory process to help the •
Distiict pi Otect resonrces,while working with residents and developers to find the.yieit balance.
• s.betWe.en*Variedinterests.
Please let-rne know if you have any questibns•or need additionalinformatim I appreciate the
opportunity to assisttheDistriet tb protect the wetlands,creeks and lakes with the kl3E•CWD.
•
•
Paul l . Bulge
15 Q7, South Timid Road.
Edert-Prairie,MN 55346 •
95243:3-2382.
Paul.-bulger@bsci.coin
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1
Pee -�r �
Peter G. Iversen
Eden Prairie Resident for 40 years, including 29 years on Mitchell Lake
Employment
• 36 year Honeywell employee. Labor Relations Manager 13 years. Manager of
the Year award recipient.
• Vice President of Human Resources and Officer of Genmar Boats (21 companies
comprising world's largest powerboat manufacturers).
• Executive recruitment and placement worldwide.
Community Activities
• Current member of Riley-Purgatory-Bluff Creek Watershed District Citizen
Advisory Committee.
• Chairman of Eden Prairie Human Rights and Service Commission.
• Current Board Member of Mitchell Lake Association
• Current President of Timber Lakes Homeowners Association.
• Volunteer for Honeywell retirees "Rebuild America" organization building
. disability access ramps for elderly homeowners.
• Former President of Sterling Field Neighborhood Association.
*References available upon request
1 e e! �c��s Yer l/3
Perry Forster
9505 Highview Drive
Eden Prairie, MN 55347
952-934-0938
fornine@comcast.net
April 24, 2017
Mayor Nancy Tyra-Lukens
Council Member Brad Aho
Council Member Ron Case
Council Member Kathy Nelson
Council Member Sherry Butcher Wickstrom
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55347
Dear Mayor and Council Members:
I am writing to express my interest to serve one more term as a manager on the
Riley Purgatory Bluff Creek Watershed District. I am currently the president of
the Board of Managers. I am also Secretary of the Minnesota Association of
Watershed Districts.
Lynne and I built our home overlooking Lake Riley in 1971 and have lived in
Eden Prairie since then.
I am asking to be reappointed to the Board of Managers because the managers
and staff are in the midst of revising our 10 Year Plan. This is needed to meet
the requirements of Minnesota Rule 8410. We have been working on it for a
year with the goal of completing the plan by the end of 2017. This is the fourth
10 Year Plan for the Watershed district. I was involved in the development of the
second and third generation plans. My experience in the development of those
plans will be beneficial in the development of this plan and obtaining its approval
by the appropriate state governmental agencies, particularly the Board of Water
and Soil Resources.
The late council member Richard T. Anderson recommended me for appointment
to the board in 1992. I was named president in 1999. I served continuously until
2005 when I resigned because of a company transfer to London England for a
year and a half. I was reappointed to the board in 2009 when a vacancy
occurred. I was elected President in 2011 and continue in that capacity today.
When I was reappointed to the board in 2014, the Hennepin County
Commissioners'vote was unanimous.
�a R 51cr
c r r � 2�Z
My original interest in serving on the board was to work on improving the water
quality of Lake Riley and Eden Prairie water bodies. My interest has expanded
to protecting and improving the waters of our approximately 50 square mile
watershed district.
We believe restoring and protecting our waters is the highest priority, while
respecting our local history and preserving our water heritage. To achieve this
goal, we have a "One Water" management strategy for long term restoration and
preservation of our connected waters through systemwide, positive solutions. We
seek to:
Have waters dominated by native fish and plant populations.
Delist impaired waters in the district and improve water clarity.
Engage and educate residents and scientists in adaptive management
activities.
Support regulations necessary to sustain water quality.
In 2016, the district completed 10 projects, engaged residents in developing our
next 10-Year Management Plan, received over $300,000 in grants and was
recognized as the "District of the Year" by the Minnesota Department of Natural
Resources. Projects included combating aquatic invasive species with herbicide
treatments, reducing phosphorus pollution, and implementing our first ever creek
restoration project on Purgatory Creek. While the restoration is in Minnetonka, it
will benefit Eden Prairie as the creek flows through the city.
Herbicide treatments were performed in five lakes: Mitchell, Red Rock, Riley,
Susan and Staring. Red Rock Lake is off the MPCA Impaired Waters list and
Mitchell Lake will soon be removed from the same list.
In May, Lake Riley was treated with a compound called aluminum sulfate (alum).
The goal is to manage the phosphorous in the lake. Summer water sampling
showed improvements in water quality, lower phosphorous levels, reduced
chlorophyl levels and improved water clarity. Continued monitoring will track the
long-term performance of the alum treatment.
In 2017, the District will again evaluate the need for herbicides to combat aquatic
invasive species. We will also begin creek restoration on Riley Creek, implement
two water conservation projects and continue to engage with our community.
The creek restoration project will be a joint project with Eden Prairie and the
Lower Minnesota River Watershed district. Lower Minnesota discovered that
I �l f �� c7 r 5 ter 3/�J
was cheaper to reduce the amount of silt entering the Minnesota River by
improving Riley Creek rather than dredge the river.
Our revised plan is very ambitious. We completed an online survey with district
residents; held stakeholder workshops; held meetings with our Citizens and
Technical Advisory Committees. To date, over fifty possible projects have been
identified. We can't afford to complete all these projects. As a result, a
prioritization system is being developed that will guide the managers in selecting
projects for completion.
A draft plan will be available for agency, city and public review by early fall. The
plan will be revised considering the comments received and released for final
public hearings. Subsequently, the plan will be submitted to BWSR for their
approval.
I am very enthusiastic about the planning process that we have developed and
what the possible outcomes maybe for the plan. I would like to see the plan
through to its completion. This will be in keeping with our goal of protecting,
managing and restoring the water resources in our community.
Thank you for your consideration,
Petty 12,1-5Zet
CITY COUNCIL AGENDA DATE:
SECTION: Report of the City Manager May 2, 2017
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1.
James DeMann, Police Chief; Backyard Chickens
and Rick Getschow, City
Manager
Background
In 2015, following receipt of a resident petition, the City Council asked city staff to study
allowing backyard chickens in the city. The city's Zoning Administrator researched the issue and
presented his findings to the Council in late 2015. At that time, the City Council decided to defer
taking action until after the 2016 Resident Quality of Life Community Survey, when statistically
significant gauge of resident opinion about backyard chickens could be obtained.
The survey results are now available and show that 27% of those surveyed strongly support
allowing chickens, 32% somewhat support it, 25% strongly oppose it and 17% somewhat oppose
it.
Other Communities
Of the five cities that share a border with Eden Prairie, four allow backyard chickens -
Minnetonka, Edina, Bloomington and Shakopee. Similar to Eden Prairie, Chanhassen only
allows chickens in agricultural districts.
The Zoning Administrator also contacted five other suburbs similar in size to Eden Prairie:
Eagan, Woodbury, Apple Valley, Plymouth and Maple Grove. Of those, only Eagan allows
backyard chickens. Woodbury allows chickens in agricultural districts and the others do not
allow chickens at all.
Issues
At-Large
Most cities report 0-2 instances of chickens at-large per year. When compared to other at-large animal
issues, chickens at-large don't seem to be a problem. To illustrate,below are Eden Prairie dog and cat at-
large statistics for the past two years:
o 2016: Dog at-large=379, Cat at-large= 80. Total=459
o 2015: Dog at-large=340,Cat at-large= 55. Total=395
o Eden Prairie has a licensing requirement for dogs,but not for cats.
Feces/Odor
With the exception of Minnetonka(which had two issues in 17 years),no city reported any complaints
involving feces or odor.
Noise
No city polled allows the keeping of roosters(roosters are responsible for crowing). The most mentioned
violation for noise is when an improperly sexed chick grows into a rooster. The poll shows that this issue
is quite uncommon,but when it occurs it is quickly dealt with.
Impounding:
Because at-large calls are rare(and due to a chicken's propensity to stay near its home coop if it were to
somehow get out),the instances of impounds are extremely low. Edina opts not to impound chickens at
all and in most other instances; cities are usually successful in locating the chicken's owner.
Tracking/Registration/Permitting:
Because noise, odor and at-large calls are uncommon to non-existent,most cities don't find value in
devoting staff time to registering,tracking and inspecting chickens.
Slaughtering
No city polled has reported any instances or complaints of slaughtering.
Property Value Impact
No city has tracked or researched this issue.
Attachments
• 2016 Community Survey Backyard Chicken Question Results
• Other Communities Survey: General Information and Issues
• Nov 17, 2015 Council Workshop Information(from Chicken Supporters presenting the
Petition)
2016 CommunitySurvey Results
FIGURE 40: RESIDENTIAL CHICKEN REGULATIONS, 2016
Strongly support
27% Somewhat support
32%
Currently, Eden Prairie does not allow residents
to have backyard chickens. The City is
considering changing current regulations to
allow residents with a single family home and
yard to have up to three chickens (excluding
roosters) on their property. To what extent
would you support or oppose this?
Somewhat oppose
Strongly oppose
75 Vo
General Information
Keeping Registration/
Allowed? #of Hens Allowed Roosters Allowed? Permit/Lic
Minnetonka Yes 5/half acre No No
Edina Yes 4/18 chicks No No
Bloomington Yes 4 No No
Shakopee Yes 5 No No
Eagan Yes 5 No Yes
Chanhassen Yes* not addressed not addressed No
Woodbury Yes* 5* not addressed No
Apple Valley No n/a n/a n/a
Plymouth No n/a n/a n/a
Maple Grove No n/a n/a n/a
* = Only in * = more than 5
Argicultural with a CUP
Districts
Issues
At Large Calls Noise Odor/Feces Slaughtering
per Year Complaints 1 Problems 1 Complaints?
Minnetonka ^' 1 1 per year 2 in 17 yrs None
Edina 1-2 None None None
Bloomington 1-2 1-2 per year None None
Shakopee 0 None None None
Eagan 1-2 None None None
Chanhassen 0 None None None
Woodbury 0 None None None
Apple Valley n/a n/a n/a n/a
Plymouth n/a n/a n/a n/a
Maple Grove n/a n/a n/a n/a
Facts About Backyard ahickens
Benefi ts-
*Backyard chickens allow you to reduce your carbon footprint and help
you to live more greener and sustainably by providing farm fresh eggs in
your backyard.
*Chickens are a nonchemical, environmentally sound method of reducing
garden pests such as slug, wood ticks, and Japanese beetles.
*They are also interesting companion animals. r t Common Concerns - ? ,. r =
Noise -> Roosters are prohibited and hens area #,.
nearly silent, making a slight clucking sound.
House wrens, mourning doves, and many other wild birds make more sound.
Barking dogs are exponentially louder than hens.
Smell ->A flock of 5 hens produce less manure than your medium sized dog
does and will not smell at all if kept sanitary.
Mess -> Chicken enclosures in urban settings tend to be attractive and are
easily maintained and managed with a minimum amount of time and energy
on the owner's part.
Disease -> A recent U of MN study proved that there is an extremely small
chance of contracting parasites or diseases from chickens. Cats and dogs
pose much more risk for spreading disease than do chickens.
Cities that currently Pl l ow chickens — Bloomington, Burnsville, Centerville, Circle
Pines, Eagan, Edina, Falcon Heights, Fridley, Golden Willey, Maple Grove, Maplewood,
Minneapolis, Minnetonka, New Brighton, New Hope, Newport, Oakdale, Ramsey, Robbinsdale,
Roseville, St Louis Park, St Paul, Shoreview,Vadnais Heights, West St Paul.
. * 4 I
Join our Facebook Group-
Eden Prairie Backyard Chicken Group
Facts About Backyard Ohio kenB
Benefits-
*Backyard chickens allow you to reduce your carbon footprint and help
you to live more greener and sustainably by providing farm fresh eggs in
your backyard.
*Chickens are a nonchemical, environmentally sound method of reducing
garden pests such as slug, wood ticks, and Japanese beetles.
*They are also interesting companion animals. ` 4 '
-gym
Common Concerns
Noise -> Roosters are prohibited and hens are _-
nearly silent, making a slight clucking sound.
House wrens, mourning doves, and many other wild birds make more sound.
Barking dogs are exponentially louder than hens.
Smell -> A flock of 5 hens produce less manure than your medium sized dog
does and will not smell at all if kept sanitary.
Mess -> Chicken enclosures in urban settings tend to be attractive and are
easily maintained and managed with a minimum amount of time and energy
on the owner's part.
Disease -> A recent U of MN study proved that there is an extremely small
chance of contracting parasites or diseases from chickens. Cats and dogs
pose much more risk for spreading disease than do chickens.
Cities that currently all ow chickens - Bloomington, Burnsville, Centerville, Circle
Pines, Eagan, Edina, Falcon Heights, Fridley, Golden Va11 ey, Maple Grove, Maplewood,
Minneapolis, Minnetonka, New Brighton, New Hope, Newport, Oakdale, Ramsey,Robbinsdale,
Roseville, St Louis Park, St Paul, Shoreview,Vadnais Heights, West St Paul.
7
Join our Facebook Group-
Eden Prairie Backyard Chicken Group
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Suggestions for Eden Prairie Chicken Ordinance
Limitations on the Number of Chickens. No person shall keep on any single
family or two-family residential property more than (4) total hen chickens.
Educational Allowance. Ability for schools to use up to 18 immature chickens
in their educational programs to be used in lessons in science and biology.
Roosters are prohibited.
Chickens are only allowed on single family residence properties
No Slaughtering. The slaughter of chickens is prohibited on
residentially used or zoned properties.
Ownership Occupancy. The owner of the chickens shall live in the dwelling on
the property.
No Chickens in Dwellings or Garages. Chickens over the age of four weeks
shall not be kept inside of a dwelling or a garage.
No Chicken Shall be Permitted to Run at Large. The term "run at large" is
defined as any chicken freely roaming in any area not on the premises to
which the permit applies.
Shelter and Enclosure Requirements. Chickens shall be properly protected
from the weather and predators in a shelter or coop, and have access to the
outdoors in an enclosure or fenced area. The shelter and/or enclosure shall
meet all of the following requirements:
The interior floor space of the chicken coop shall be a minimum of
two square feet for each chicken, but not exceed 120 total square
feet.
The construction of and materials used for the chicken coop and run
must be constructed in a workmanship-like manner, adequate to prevent
access by rodents.
The chicken run shall be attached to the chicken coop and shall be
fully enclosed by fencing or other similar material.
The ground floor of the coop and the run must be covered with
vegetation, concrete, or other surface approved by Eden Prairie, so
that it can be, and is, sufficiently maintained to adequately
dissipate offensive odors.
The chicken coop and run shall be setback at least 10 feet from the
rear lot line and at least 10 feet from the side lot lines unless the
shelter structure and confinement area are adequately screened to the
surrounding neighbors.
The chicken coop and run, or any portion thereof, shall not be located
in the front yard, which is defined as any area located between the
front lot line and the front setback line or front building line,
whichever is further from the front lot line, running from side lot
line to side lot line.
The chicken coop and run shall be kept in good repair as shall be in
compliance with city property maintenance code.
The chicken coop and run shall be kept in a sanitary and odor-free
condition, including the regular and frequent removal and proper
disposal of any accumulated chicken feces or waste, dirt, or filth
that could create a safety or health hazard.
Prevention of Nuisance Conditions. Owners shall care for chickens in a
humane manner and shall prevent nuisance conditions by ensuring the follow
conditions are met:
The shelter and enclosure are maintained in good repair, and in a
clean and sanitary manner free of vermin and objectionable odor.
Feces and discarded feed is to be regularly collected and cleaned to
prevent nuisance odors and the attraction of vermin and objectionable
odors.
Chicken feed shall be stored in leak-proof containers with a
tight-fitting cover to prevent attracting vermin.
The shelter shall be winterized to protect the chickens in cold
weather.
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10/5/2015 Gmail-Chicken Coops&Property Values in Eden Prairie
g
Sara Freeland <jakeguskermit@gmail.com>
Chicken Coops & Property Values in Eden Prairie
4 messages
Jennifer Yankovec <jen@jenniferyankovec.com> Tue, Sep 22, 2015 at 2:51 PM
To: jakeguskermit@gmail.com
Hi Sarah,
I've been in the real estate business full time for over 5 years and have listed and sold a couple of hundred
homes in this area during that time. In my opinion, having a chicken coop in your backyard will not negatively
affect your property value or the property value of the neighbors around you as long as the coop is well
maintained and is built in a manner that fits in with the existing character of the neighborhood.
In addition, when you eventually sell and take the chickens with you, the coop could be re-purposed into a
storage shed or playhouse which adds functionality to the home. Prospective buyers of your home or of your
neighbors home are very visual. If the coop is attractive and fits in with the neighborhood, it will likely not be an
issue. You also have a fenced in yard so there is no chance of the chickens escaping and becoming a nuisance.
Thanks,
Jennifer Yankovec, Realtor, GRI, CNE
Named 2012, 2013, 2014 & 2015 Super Real Estate Agent by Mpls. St. Paul Magazine and Twin Cities
Business
RE/MAX Advantage Plus
Office: 952-253-5600
Cell: 952 215-1724
Email: Jen@jenniferyankovec.com
www.jenniferyankovec,com
CONFIDENTIALITY NOTICE&DISCLAIMER:This communication and any attached files transmitted with it are confidential and intended
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https://mail.google.com/m ail/u/0/?ui=2&i k=ec88d2a896&view=pt&q=jen%40jenniferyankovec.com&qs=true&search=query&th=14ff69c49106fd69&sim1=14ff69... 1/2
10/5/2015 Gmail-Chicken Coops&Property Values in Eden Prairie
Sara Freeland <jakeguskermit@gmail.com> Tue, Sep 22, 2015 at 2:59 PM
To: Sarah Kallal <sarah.kallal@gmail.com>
[Quoted text hidden]
Sara Freeland <jakeguskermit@gmail.com> Tue, Sep 22, 2015 at 3:00 PM
To: Jennifer Yankovec <jen@jenniferyankovec.com>
Thanks again Jenn! If I don't see you, have a great time in Germany. I'm jealous! Can't wait to hear about the
trip when you get back.
Sara
[Quoted text hidden]
Jennifer Yankovec <jen@jenniferyankovec.com> Tue, Sep 22, 2015 at 3:09 PM
To: Sara Freeland <jakeguskermit@gmail.com>
Thanks, I hope it helps!
Yes, I'll tell you all about it when I get back. .
[Quoted text hidden]
https://mail.google.com/mail/u/0/?ui=2&ik=ec88d2a896&view=pt&q=jen%40jenniferyankovec.com&qs=true&search=query&th=14f169c49106fd69&siml=14ff69... 2/2
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Rick Getschow
From: Sarah Kallal <sarah.kallal@gmail.com>
Sent: Tuesday, September 01, 2015 10:39 AM
To: Rick Getschow
Subject: Fwd: Hello from Eden Prairie!
Here's another one from Eagan.
Forwarded message
From: Robert Kent<rkent cJcityofeagan.com>
Date: Wednesday, August 12, 2015
Subject: Hello from Eden Prairie!
To: Sarah Kallal <sarah.kallal@gmail.com>
Cc: Christina Scipioni <CMScipioni c`r cityofeagan.com>
28 Residences is Eagan currently have chicken permits. Since January 1, 2015, I have responded to approximately 8 calls
regarding chickens,The City of Eagan requires a $50 application fee, and a $50 annual renewal fee to cover the costs of
manpower and time spent during the process. On average, it takes me approximately 5 minutes to approve/deny a final
inspection, and about the same for renewal inspections.
To date; we have never had a call for any type of injury that was chicken related.
Thanks,.
Bob 1< •
Bob Kent I Animal Control Officer I City of Eagan r _ T1 j�Police Department 13830 Pilot Knob Road I Eagan,MN 55122 1651-675-5750 1651-675-5707(Fax)I rkent(a cityofeaoan.com City of Raan.-,. Jj(d
THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient.
If you received this in error,please contact the sender and delete the e-mail and its attachments from all computers,
1
•
Chickens in Minnetonka
i The ordinance allowing chickens has been in place since before I started working here in 1999.
• We do not require any permits or registration of chickens as long as they do not surpass the
number of chickens allowed per their property.
o I strongly recommend some sort of registry so you have some idea of where loose
chickens may have come from.
• Property owners are allowed 5 fowl (chickens, ducks, geese, etc) per%acre of property.
o We do pro-rate the numbers by rounding down to the nearest whole number.
1. le: 0.34 acres allows for 3 chickens,0.78 acres allows for 7 chickens.
* You cannot combine properties to increase the number allowed, even if the same owner owns
both.
O No roosters allowed.
a Must have a proper shelter with a ground or floor that can be cleaned to reduce smell.
o Concrete, Straw, other approved surface.
e Must be maintained in a way to prevent the animal from leaving the property.
® Cannot be maintained in a front yard.
I have no idea how many residences have chickens in Minnetonka, but I can tell you that I average 1-2
calls per week asking about the ordinances and that the numbers have greatly increased in the last 2
years or so.
Problems:
O With the increase in numbers, we have seen an increase in the number of chicken related
complaints. However,that number is still very minimal—approximately 5 per year.
9 The most common complaint is loose chickens/chickens in the road.
o This is where a registry would come in handy, so that you could check to see who has
chickens in the area.
O We have also received a complaint about the smell of a coop on one occasion so far.
e We are now trying to come up with a change in the ordinance as to what to do with "chickens at
large"—Do we impound them? Will our impound facility even TAKE them? Do we have to keep
them the full 5 business days that our ordinance requires of domestic animals?
Over all, I think chickens are a good thing for the city. We receive a lot of goodwill from people who
want to have them and they cause minimal problems.
To whom it may concern,
My name is Angela Boston and I work for the city of Burnsville as an Animal Control Officer. I was
approached by Sarah Kallal of Eden Prairie with questions regarding the legalization of owning chickens
in our city. The first point of this topic I will reference to will be our city ordinances regarding keeping
and owning chickens. These can be found on our city website at
http://www.sterlingcodifiers.com/codebook/index.php?book id=468
To my knowledge owning chickens in Burnsville has been legal for just over five years and over that time
we have received over 99%positive feedback and less than 1% negative feedback. The negative
feedback could hardly be considered negative feedback though. We had a situation where an individual
purchased chickens believing them all to be hens, only to learn as they grew older one was in fact a
rooster. Our ordinance states only hens are legal so we had to work with this individual to rehome the
chicken,which they were completely understanding and compliant about. The other feedback that
could potentially be considered "negative" are the questions we receive regarding whether chickens are
legal or not. Most often these calls come from long-term city of Burnsville residents who wish to make
sure they remain in compliance with city code. So our negative feedback has actually not been that
negative after all.
It was inquired as to how many chicken applications we have received since legalizing the owning of
chickens. Since 2009 we have received at least 17 applications and have actually seen an influx this year
with chicken applications. Many families have begun keeping egg laying hens to beat the rising costs
found in the grocery stores as well as to teach their children values and responsibilities they themselves
had while growing up.
A question posed to me was whether we have seen an increase in coyotes due to more people owning
chickens. The most straight-forward answer I can give to this question is No. Coyotes have become
more plentiful throughout the entire state of Minnesota and this increase in population really has
nothing to do with whether someone owns chickens or not. Like many other animals coyotes go
through a mating/breeding season each year late winter, early spring. The reason coyotes have been
spotted more frequently is due to the fact that our wild coyote population has become very socialized
with the human population. They do not fear us anymore. Many people feed their domestic pets as
well as stray animals out their back doors and coyotes have learned to look for this food. Because they
are habitual animals they continue to visit these places as long as there continues to be food placed
there. Some people have even been seen feeding the coyotes, which aids in the coyotes themselves not
fearing humans.
So it doesn't matter what kind of pet or livestock an individual owns, as long as the coyote has no reason
to fear humans we will continue to see them out and about.
If you have any questions regarding any of the information provided above please feel free to call our
Animal Control office at 952-894-3647.
Burnsville Animal Control
Angela Boston
Peter Johnson
Saint Louis Park
Policy on the Keeping of Chickens
September 2011
Residents of St. Louis Park who want to own or maintain chickens on their property will need to
first receive written permission, as required by the City Code, from the Inspections Department.
City Code Sec. 4-1. Regulating the keeping of domestic animals.
No person shall keep or harbor any fowl, horses, cattle,sheep, goats or swine in the city, or permit the
same to be done upon premises the person owns,occupies or controls without written permission from the
city.
(Code 1976, § 11-31
Only chickens will be considered for permission of the identified animals in this code section.
The resident requesting permission must supply the following information-on a provided request
form; name, address,phone number(s), email address, number of chickens, dimensions of coop
and chicken run,type of building materials (plans), site plan showing the location of the
proposed coop and fenced run in relationship to all other existing structures, and a plan for
keeping the area clean and free of waste material and objectionable odor.
Required conditions for consideration of receiving permission:
1) Chickens will only be allowed on a single-family, residential property.
2) If the applicant is not the owner of the property; the property owner will need to provide
written permission as part of the application process.
3) Limit of 4 hens; no roosters.
4) Chickens must be maintained in a coop and/or fenced chicken run at all times.
5) The chicken coop and fenced chicken run must be located in the backyard area as far as
reasonably possible, separated from neighboring properties. A minimum of 10 feet from
property lines is suggested. Owner must provide a site plan at the time of request.
6) Plans for the construction of the coop and/or chicken run must be submitted with the
application and may require compliance with City Codes if applicable.
7) The coop and chicken run must be kept in a healthy and sanitary condition in such way
that no noxious odors are carried to the adjacent public or private property.
8) Chicken(s) are for personal use only; no butchering or sale of eggs or chicken(s) allowed
on the property.
9) Owner will provide access to the property for a pre-inspection at the time of the request
and at any time requested by the city to verify compliance with the conditions or in
response to a complaint.
10)A written letter of permission to keep chickens will be for a maximum of two years. An
extension request will need to be submitted by the owner if they desire to continue
keeping chickens.
11) The permission may be revoked by the city at any time if the owner fails to comply with
all the conditions specified in this policy, if the chickens create a nuisance situation,
objectionable odors, unsanitary conditions, or other city code violations on the property.
Approved:
Signed by Brian Hoffman 9/29/11
Department Head Date
St. Louis Park
MINNESOTA
Application for Chicken Permit
This application must be completed and returned to the Inspections Department along with a completed
Site Plan for approval. An inspection will occur prior to any approval given by the Inspections
Department.
General Information
*Property Owner: Property Address:
Phone Number: Cell Number: Email:
*If the applicant is not the owner; a letter of permission from the property owner is required as part of the application.
Detail Information
Number of hens: (limit four, no roosters)
Chicken Coop Chicken Run
1) Distance from side 1) Distance from side
and rear lot lines and rear lot lines
2) Dimensions of coop 2) Dimensions of run
3) Height of coop 3) Height of run
4) Building materials 4) Building materials
❑ I have enclosed a site plan showing dimensions of the property, existing structures, proposed
structures, and all rear and side yard setbacks; and a coop and/or chicken run construction plan.
❑ I understand that if approved will be for two years only and required to be reviewed at that time.
The undersigned acknowledges that this application has been read and that the above is correct and agrees
to comply with all the ordinances and laws of the City of St. Louis Park.
Applicant's Signature Date
NOTE: Upon review of the application and/or site inspection Zoning or Building Application for the
coop and/or chicken run may be required.
For Office Use Only
Inspector/Date / Comments:
Approval/Date: / Comments:
Rick Getschow
From: Sarah Kallal <sarah.kallal@gmail,com>
Sent: Tuesday, September 01, 2015 10:40 AM
To: Rick Getschow
Subject: Fwd: Chickens: attn Levi
Golden Valley.
Forwarded message
From: Cori Levin <levincori(c@mail.com>
Date: Monday, August 17, 2015
Subject: Fwd: Chickens: attn Levi
To: Sarah Kallal <sarah.kallal@gmail.com>, Sara Freeland <jakeguskermit@gmail,com>
I called 2 of my cities! Golden valley sent below and maple wood told me to call raptor center at u of m.
Mmmm
Sent from my hand
Begin forwarded message:
From: police <police@goldenvalleymn.gov>
Date: August 17, 2015 at 12:11:38 PM CDT
To: 'Cori Levin' <levincori@gmail.com>
Subject: RE: Chickens: attn Levi
I personally do not recall any animal complaints regarding chickens since 12/2014.
CSO Siljander
Levi Siljander I Community Service Officer I Golden Valley Police Department
7800 Golden Valley Road I Golden Valley, MN 55427 1763-593-8079 1763-593-8098
(Fax) 1763-593-3968 (TTY) LSiljander@goldenvalleymn.gov
Original Message
From: Cori Levin [mailto:levincori@gmail.com]
Sent: Monday,August 17, 2015 12:08 PM
To: police <police a,goldenvalleymn.gov>
Subject: Chickens: attn Levi
Have you had animal complaints on chickens?
1