HomeMy WebLinkAboutCity Council - 03/05/2019 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,MARCH 5, 2019 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark
Freiberg, and PG Narayanan
CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Interim Fire Chief Kevin
Schmieg, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor
Workshop-Heritage Rooms I and II(5:30)
I. 2018 QUALITY OF LIFE SURVEY RESULTS
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,MARCH 5, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg,
and PG Narayanan
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. ACCEPT DONATION OF $14,895 FROM EDEN PRAIRIE CRIME
PREVENTION FUND FOR PURCHASE AND TRAINING OF A NEW
POLICE CANINE (Resolution)
B. 2018 QUALITY OF LIFE SURVEY RESULTS PRESENTATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 19, 2018
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 19, 2018
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. GROUND STORAGE WATER RESERVOIR& PUMP STATION by City of
Eden Prairie. Second Reading of an Ordinance for PUD District Review with
Waivers and Zoning district Change to Public on 6.55 acres; Resolution for Site
Plan Review on 6.55 acres (Ordinance for PUD District/Zoning Change;
Resolution for Site Plan Review)
CITY COUNCIL AGENDA
March 5, 2019
Page 2
C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY
CODE CHAPTER 9, RELATING TO MINNESOTA STATE FIRE CODE
AND FIRE ALARM SYSTEMS AND ADOPT RESOLUTION APPROVING
SUMMARY ORDINANCE
D. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION
AND MATERIAL TESTING SERVICES WITH WSB FOR HENNEPIN
TOWN ROAD TURN LANE PROJECT
E. APPROVE PUBLIC WORKS EQUIPMENT SHARING AGREEMENT
F. DECLARE SQUAD CAR#234 AS SURPLUS EQUIPMENT AND
AUTHORIZE PURCHASE OF A 2019 DODGE CHARGER
G. AWARD CONTRACT TO MIDSTATES EQUIPMENT FOR PURCHASE
OF NUVO CRACK SEALANT
H. AWARD CONTRACT TO PEMBER COMPANIES, INC. FOR
SINGLETREE LANE NORTH STREETSCAPE PROJECT
I. AWARD CONTRACT PROJECT TO ODESSA II, LLC FOR SINGLETREE
LANE SOUTH STREETSCAPE
J. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION
AND MATERIAL TESTING SERVICES WITH WSB FOR SINGLETREE
LANE NORTH STREETSCAPE PROJECT
K. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION
AND MATERIAL TESTING SERVICES WITH WSB FOR SINGLETREE
LANE SOUTH STREETSCAPE PROJECT
L. AWARD CONTRACT TO ST. CROIX RECREATION FOR PLAY
STRUCTURE REPLACEMENTS AT BLUFFS WEST 1 & 2 AND NESBITT
PRESERVE PARKS
M. APPROVE AMENDED AND RESTATED PROJECT MANAGEMENT
AGREEMENT AND CONSENT TO FIRST AMENDMENT TO ESCROW
AGREEMENT FOR CASCADE AT TOWN CENTER
IX. PUBLIC HEARINGS/MEETINGS
A. 2019 CDBG FUNDS (Resolution)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
CITY COUNCIL AGENDA
March 5, 2019
Page 3
XII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
A. 2019 COMMISSIONS
B. 2019 COMMISSION CHAIRS & VICE CHAIRS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,MARCH 5, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg,
and PG Narayanan
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. ACCEPT DONATION OF $14,895 FROM EDEN PRAIRIE CRIME
PREVENTION FUND FOR PURCHASE AND TRAINING OF A NEW
POLICE CANINE (Resolution)
B. 2018 QUALITY OF LIFE SURVEY RESULTS PRESENTATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 19, 2018
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 19, 2018
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. GROUND STORAGE WATER RESERVOIR& PUMP STATION by City of
Eden Prairie. Second Reading of an Ordinance for PUD District Review with
Waivers and Zoning district Change to Public on 6.55 acres; Resolution for Site
Plan Review on 6.55 acres (Ordinance for PUD District/Zoning Change;
Resolution for Site Plan Review)
CITY COUNCIL AGENDA
March 5, 2019
Page 2
C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY
CODE CHAPTER 9, RELATING TO MINNESOTA STATE FIRE CODE
AND FIRE ALARM SYSTEMS AND ADOPT RESOLUTION APPROVING
SUMMARY ORDINANCE
D. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION
AND MATERIAL TESTING SERVICES WITH WSB FOR HENNEPIN
TOWN ROAD TURN LANE PROJECT
E. APPROVE PUBLIC WORKS EQUIPMENT SHARING AGREEMENT
F. DECLARE SQUAD CAR#234 AS SURPLUS EQUIPMENT AND
AUTHORIZE PURCHASE OF A 2019 DODGE CHARGER
G. AWARD CONTRACT TO MIDSTATES EQUIPMENT FOR PURCHASE
OF NUVO CRACK SEALANT
H. AWARD CONTRACT TO PEMBER COMPANIES, INC. FOR
SINGLETREE LANE NORTH STREETSCAPE PROJECT
I. AWARD CONTRACT PROJECT TO ODESSA II, LLC FOR SINGLETREE
LANE SOUTH STREETSCAPE
J. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION
AND MATERIAL TESTING SERVICES WITH WSB FOR SINGLETREE
LANE NORTH STREETSCAPE PROJECT
K. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION
AND MATERIAL TESTING SERVICES WITH WSB FOR SINGLETREE
LANE SOUTH STREETSCAPE PROJECT
L. AWARD CONTRACT TO ST. CROIX RECREATION FOR PLAY
STRUCTURE REPLACEMENTS AT BLUFFS WEST 1 & 2 AND NESBITT
PRESERVE PARKS
M. APPROVE AMENDED AND RESTATED PROJECT MANAGEMENT
AGREEMENT AND CONSENT TO FIRST AMENDMENT TO ESCROW
AGREEMENT FOR CASCADE AT TOWN CENTER
IX. PUBLIC HEARINGS/MEETINGS
A. 2019 CDBG FUNDS (Resolution)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
CITY COUNCIL AGENDA
March 5, 2019
Page 3
XII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
A. 2019 COMMISSIONS
B. 2019 COMMISSION CHAIRS & VICE CHAIRS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
CITY COUNCIL AGENDA DATE
SECTION: Proclamations/Presentations March 5, 2019
DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO.
Police Donation for Police Canine IV.A.
Chief Greg Weber
Requested Action
Move to: Adopt Resolution accepting the donation of$14,895.00 from the Eden Prairie Crime
Prevention Fund for the purchase of a new police canine.
Synopsis
Police canines aide in apprehension and capture of criminals in our and neighboring cities. The
generous donation from the Eden Prairie Crime Prevention Fund will pay for both the purchase of the
new canine as well as the cost of training.
Background
The Eden Prairie Police Department has a long history of successful use of canine assistance.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift from Eden Prairie Crime Prevention Fund to the City in the amount of$14,895.00 to
be used to fund the purchase of a new police canine is hereby recognized and accepted by the
Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of March, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
ITEM NO.VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,FEBRUARY 19, 2019 CITY CENTER
5:00—6:25 PM,HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark
Freiberg, and PG Narayanan
CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Interim Fire Chief Kevin
Schmieg, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor
GUEST: Planning Commission
Workshop-Heritage Rooms I and II(5:30)
I. HOUSING
Mayor Case introduced the topic. City Manager Getschow stated there have been workshops
devoted to housing with Aspire and the Strategic Plan for Housing and Economic
Development. The last housing related workshop discussed inclusionary housing.
Housing and Community Services Manager Stanley provided on overview of the topics that
will be covered including current housing policy documents, an overview of current housing
policies and programs along with Eden Prairie successes, inclusionary housing
recommendations, fair housing policy, and tenant protection ordinances. Current housing
policy documents include the Strategic Plan for Housing and Economic Development 2017-
2020, which serves as the City's short-term action plan for prioritizing projects and
identifying needs, potential financing sources, and setting goals for implementation. The
Aspire 2040 Comprehensive Plan is a long-term document with a recently completed housing
chapter that includes the framework for inclusionary housing; the Land Use Chapter that
identifies new densities, districts and infill opportunities; and the Implementation Chapter
which includes a matrix of housing tools used by the City.
Council Member Aho inquired how inclusionary housing differs from fair housing policy.
Stanley replied inclusionary housing requires new developments to include a set percentage
of affordable units, and fair housing policy is a guide to how the City will look at and
approach fair housing issues.
Stanley provided on overview of current affordable housing policies, programs and practices
including City successes. The City administers affordable homeownership through the First
Time Homebuyers Program and Homes Within Reach Program with West Hennepin
Affordable Housing Land Trust. Maintenance of owner-occupied houses, townhomes and
rental units are done through the Rehab Program, Housing Improvement Areas, and License
City Council Workshop Minutes
February 19,2019
Page 2
and Inspection Program. The Property Manager's Group will be reactivated for education
and collaboration opportunities. To preserve affordable rental housing, the City is utilizing
tax increment financing(TIF) District Extensions, Pooled TIF for naturally occurring
affordable housing, and required acceptance of Section 8 Housing Choice Vouchers.
Case inquired if naturally occurring affordable housing is mostly rental. Stanley replied yes.
Aho inquired how the City is requiring the acceptance of Section 8 Housing Choice
Vouchers. Stanley replied Staff has negotiated the acceptance into development agreements.
Aho inquired if these are for new properties. Stanley replied the requirements are part of the
negotiations for financing of the developments and not for new properties.
Nelson recalled Prairie Meadows always being section 8 housing. Community Development
Director Jeremiah stated it was and they were looking for housing revenue bonds when close
to term. The City developed a policy in 2017 requiring any conduit financing to accept
section 8 housing choice vouchers. The rent difference was made up by the vouchers.
Council Member Freiberg inquired what the major pushback is with accepting section 8
housing. Stanley stated one of the primary perceptions is damage to units. A loss in overall
revenue can also be perceived. If they are charging rents higher than the set rental threshold,
then it wouldn't be in their best interest. Council Member Narayanan inquired how the City's
policies compare to neighboring cities policies. Stanley stated the City's use of pooled TIF
tends to be ahead of the curve. Jeremiah stated metro cities are sharing their successes with
one another. There are limitations in making comparisons to charter cities. The City has been
a leader in making inclusionary housing in perpetuity. The City has also had successes with
extending TIF districts. The City has been a leader in some areas and at least equal in other
areas. 37 percent of the existing housing is affordable in the City.
Aho inquired if the Land Trust continues to own the property for the Homes Within Reach
program. Stanley stated the land trust continues to own the land and the house is sold. The
land trust will scout and find eligible buyers. The nonprofit West Hennepin Affordable
Housing Land Trust is the owner. Jeremiah stated the Land Trust maintains their portion of
the equity and any growth in the market value of the building.
Case inquired how many homes are in the Homes Within Reach Program. Stanley replied he
does not have those specific numbers,but the Twin Cities has a disproportionate number of
these Land Trust homes in comparison to other cities. Jeremiah added the City has been
creating about one per year for the last 15 years.
Narayanan stated he would like to see some numbers comparing the City with other
neighboring cities. Stanley stated he can make those numbers available.
Stanley stated the City also had recent affordable rental housing developments utilize
financing through new TIF Districts, Pooled TIF for Transit-Oriented Development (TOD),
Livable Communities grants, and Resolutions of support for other financing. Additionally,
affordable inclusionary housing has been secured with no subsidy. The inclusionary housing
policy requires a given share of new construction be affordable by people with low to
City Council Workshop Minutes
February 19,2019
Page 3
moderate incomes. Inclusionary housing policies vary amongst cities. Edina is the only local
city that allows a payment in lieu of$100,000 per unit for rental or for-sale housing.
Aho inquired if the financial differences are made up once the TIF program ends. Stanley
stated there is no financial gain at the end. Jeremiah stated a subsidized project via TIF has
received tax benefits for many years. Case reiterated it would be beneficial to have the
numbers as comparisons from other cities.
Stanley stated the Planning Commission provided the feedback to stay flexible for
developers, limit projects to a certain size requirement to not hamper smaller developments,
treat rental and for-sale differently, keep units integrated into developments, revisit the policy
periodically, and to not allow payment in lieu for rental development.
Nelson inquired if affordable units are checked to make sure they are kept to the same
standards over time as other units in the development. Interim Fire Chief Schmieg stated
inspectors check units for safety issues and make certain all units are being maintained.
Getschow noted feedback has been sought from residents during the Aspire 2040 plan and
the various methods of outreach. Jeremiah stated from that feedback the City has developed
goals for affordability after identifying needs.
Stanley stated over 35 percent of programs nationally are doing in perpetuity on rental and
over 30 percent on for-sale. A formal policy sends a consistent signal to developers.
Brooklyn Park offers a range of affordability thresholds for developers. The units need to be
of comparable quality, and the City would require them to be integrated throughout the
building.
Planning Commissioner Mette inquired if 10 percent at 80 percent AMI for ownership units
is for single family developments. Stanley stated this would be for owner occupied, single
family developments of 10 units or more. Jeremiah added the City has attempted this process
with homeowner units at Applewood Pointe. This model would be utilized on multi-family.
Aho inquired what percentage of income is considered affordable. Stanley replied generally
housing should account for 30 percent of income.
Planning Commissioner Farr inquired if this is a blend of unit types, one to three bedroom.
Stanley stated the City does recommend a blend of units.
Stanley presented, without subsidies, for rental units it is recommended for developers to
choose a level of affordability, changing from 5 percent at 50 percent AMI and 5 percent at
80 percent AMI to 5 percent at 30 percent AMI, 10 percent at 50 percent AMI, or 15 percent
at 60 percent AMI. This would allow for a slightly greater profit for developers. Jeremiah
stated to be eligible for subsidies, the minimum requirement is 20 percent at 50 percent AMI
or 40 percent at 60 percent AMI.
Case inquired if the restrictions are hampering development in the City. Jeremiah responded
there has been good response to a soft policy especially with two new senior developments.
City Council Workshop Minutes
February 19,2019
Page 4
Aho added the City only has about 60 acres available to develop. Jeremiah stated the City is
still working on infill properties and the redevelopment around the light rail.
Nelson inquired if we have looked into the density of projects to get more units. Jeremiah
replied many are not utilizing the density bonuses, specifically with parking requirements.
Stanley stated the recommendation for owner-occupied housing is to require 10 percent at or
below 80 percent AMI or the potential of payment in lieu of affordable units to be used
toward affordable owner-occupied or rental housing elsewhere.
Aho inquired where the money would go if the City did payment in lieu. Jeremiah
recommended it go to the Land Trust Fund as the model has been successful in the City.
Stanley stated the fair housing policy is a requirement for Met Council Livable Communities
Act Program. The City will need to have this in place for the Trail Pointe Ridge/Smith
Village development. The policy defines the purpose and vision, designates a fair housing
officer, discusses means for meaningful access for citizens, and puts in place internal
practices that support fair housing. Stanley stated tenant protection ordinances are currently
being adopted in metro cities for specific subsets of properties. Tenant protection ordinances
provide advanced notice or notice of sale to tenants and the City, tenant protection periods of
90 days, eviction only for cause, no eviction for rescreening, and no eviction for substantial
rent increases. There would be relocation assistance and penalties for violation of tenant
protection policy.
City Attorney Rosow stated a number of cities that have passed these policies are charter
cities. A statutory city does not have an all powers clause, so there is doubt of whether
statutory cities can sustain some of the features such as penalties.
Aho inquired which properties the tenant protection ordinance would encompass. Stanley
stated for most policies it only applies to the affordable units within the properties.
Jeremiah stated staff could distribute draft policies for additional feedback. Getschow added
there is another housing workshop planned for the spring.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT
ITEM NO. VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 19, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark
Freiberg, P G Narayanan, 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 Case called the meeting to order at 7:00 p.m. All Council Members were present.
II. PLEDGE OF ALLEGIANCE
Members of Boy Scouts Troop 695, Prairie Lutheran Church,presented the colors.
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. ACCEPT DONATION OF $2,000 FROM LIONS TAP FOR PARKS AND
RECREATION SPECIAL EVENTS (Resolution No. 2019-27)
Lotthammer said this is a donation of$2,000 from Lions Tap for Parks and Recreation
special events. He noted the City is very grateful for the support received from Lions
Tap over the years.
MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2019-27
accepting the donation of$2000 from Eden Prairie Lions Club for the Parks and
Recreation special events. Motion carried 5-0.
B. ACCEPT DONATION OF $325 FROM HOME INSTEAD SENIOR CARE FOR
EVENTS AT SENIOR CENTER(Resolution No. 2019-28)
Lotthammer said this is a donation of$325 from Home Instead Senior Care for three
events at the Senior Center.
CITY COUNCIL MINUTES
February 19, 2019
Page 2
MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2019-28
accepting the donation of$325 from Home Instead Senior Care for events at the Senior
Center. Motion carried 5-0.
C. ACCEPT DONATION OF $350 FROM OASIS SENIOR ADVISORS FOR
VALENTINE'S BREAKFAST AT SENIOR CENTER(Resolution No. 2019-29)
Lotthammer said this donation is $350 from Oasis Senior Advisors for the Valentine's
breakfast at the Senior Center.
MOTION: Aho moved, seconded by Narayanan, to adopt Resolution No. 2019-29
accepting the donation of$350 from Oasis Senior Advisors for the Valentine's
breakfast at the Senior Center. Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Nelson moved, seconded by Narayanan, to approve the agenda as published.
Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 5, 2019
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 5, 2019
MOTION: Aho moved, seconded by Freiberg, to approve the minutes of the City
Council workshop held Tuesday, February 5, 2019, and the minutes of the City Council
meetings held Tuesday, February 5, 2019. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 2019-30 APPROVING FINAL PLAT OF BLUFFS
WEST FIFTEENTH ADDITION
C. AWARD CONTRACT FOR 2019 STREET SWEEPING TO PEARSON
BROTHERS, INC.
D. ADOPT RESOLUTION NO. 2019-31 AND FINDINGS DENYING A
THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO MIN JIN LLC D/B/A
SPANUT WELLNESS CENTER AND MASSAGE THERAPIST LICENSES TO
JING AN, BARBIE POMJIE,AND YUN FANG WANG
CITY COUNCIL MINUTES
February 19, 2019
Page 3
E. ADOPT RESOLUTION NO. 2019-32 APPROVING RAILROAD CROSSING
SIGNAL AGREEMENT NO. 18-1 WITH TWIN CITY &WESTERN
RAILROAD COMPANY FOR QUIET ZONE PROJECT
F. APPROVE LEASE AND SOLAR EASEMENT FOR COMMUNITY SOLAR
GARDEN
MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-F on the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. STABLE PATH by Wooddale Builders. Resolution 2019-33 for PUD Concept Review
on 5.9 acres; First Reading of an Ordinance for PUD District Review with Waivers and
Zoning District Change from Rural to R1-9.5 on 5.9 acres; Resolution 2019-34 for
Preliminary Plat on 5.9 acres (Resolution No. 2019-33 for PUD Concept; Ordinance
for PUD District/Zoning Change; Resolution No. 2019-34 Preliminary Plat)
Getschow said Wooddale Builders is requesting approval of a subdivision of a 5.9-
acre property into 17 single family lots and 7 outlots. The property is located at 9650
Stable Path, which is just north of Crestwood Park. The project is proposed to include
an east/west road extension of Dell Drive to Stable Path. The applicant is proposing
villa style homes that offer single level living. The lots range in size from 8,301
square feet to 13,187 square feet with the smaller lots proposed on the south side of
the proposed street.
Steve Schwieters, Wooddale Builders, gave a PowerPoint presentation about the
proposed project to build"empty nester" style homes on 17 family villa style lots
with seven outlots. He pointed out the easement of 80 feet for a gas line located down
the center of the property between the lots on the north and the neighboring property.
The project lots will be 60-70 feet wide, and they are requesting waivers for the
minimum lot size of 8,000 square feet. He noted Lot 8 is a corner lot that will have a
smaller side set back because of its location. They propose to vacate and remove all
the infrastructure for Thomforde Trail in the development to the north. They intend to
give part of the six outlots to the neighborhood to the north and will plant more trees
in that area. He reviewed tree replacement plans and landscape plans for the
development. They would like to plant trees for screening on the triangular piece of
land on the southeast corner of the property. He showed the elevations of the homes
proposed for the development.
Nelson asked about the price point. Mr. Schwieters replied it is around $585-650,000.
Nelson noted that price point is above the average price of homes in Eden Prairie and
asked why the homes would be so expensive considering the small size of the lots.
Mr. Schwieters said they have built a similar project in Bloomington with 60-foot
wide lots with prices at $750,000 to $1,200,000. He noted empty nesters are looking
for smaller lots with one-level living, and many have a secondary home elsewhere.
CITY COUNCIL MINUTES
February 19, 2019
Page 4
Nelson asked why there are no basements for the homes and if they have considered
offering basements as an option. Mr. Schwieters explained these are flat lots with clay
soil, so there is not possibility for walkouts. They could offer a basement if someone
wanted it. Nelson asked if they considered using solar for the homes and if there will
be other green aspects to the homes. Mr. Schwieters replied they did not consider
offering a solar option, and the construction of today's homes is very energy efficient.
Narayanan asked if the large trees currently on the property will be cut down and
replaced. Mr. Schwieters replied there are some significant trees on the property, and
they are trying to save a few of those where it is possible. This is a tight location for
building, and they will need to remove trees; however, they plan to replant a lot of
trees. Narayanan asked about the distance between houses. Mr. Schwieters replied it
is generally 15 feet, with some that are 17 feet apart. Narayanan asked if we have
other developments in the City where houses are that close together. Jeremiah replied
we do.
Narayanan asked how close the gas line will be to the houses. Mr. Schwieters replied
the average distance will be about 45 feet from the pipeline. Narayanan commented
eight different colors for 17 houses seemed like a lot. Mr. Schwieters said they are
offering eight different stones and five different colors in the beige, white and grey
colors. Narayanan asked if they are planning to have LED lighting and water
conservation aspects in the buildings. Mr. Schwieters replied the codes have changed,
and all lighting fixtures have to be LED approved for every unit. There are no special
water conservation measures included.
Freiberg asked if the additional trees on the triangular lot to the east are included in
the 427 inches of trees they plan to be replaced. Mr. Schwieters replied those are part
of the 427 feet. There already are a lot of significant trees along the park line, and
they would like to work with the City to get screening on the triangular lot. Freiberg
asked staff what the pushback was to that. Ellis replied the triangular lot is City
property and contains utilities. The City has plans to use that lot for such functions as
storm water treatment, and placing trees there would make that work difficult.
Mike Byrnes, 18091 Cole Court, noted the builder has done a great job in planning
and asked if the neighbors could have some say about the trees planted along the
north side.
MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion
carried 5-0.
Aho believed there is a real need for this kind of product. People are looking to leave
their large family homes but stay in Eden Prairie.
Case noted in 1995 the Senior Issues Task Force determined the City did not have a
lot of independent senior housing and recommended we encourage more of that
housing. The task force also realized we would be getting more density in the City,
CITY COUNCIL MINUTES
February 19, 2019
Page 5
and that concept would have to be marketed to the neighbors. He noted the effect on
the City's infrastructure for this style housing is less so we can have more density
which provides a higher tax base. Over the last 20 years we have done that. The
housing workshop the Council had this evening indicated there will be an intense
housing shortage across the seven-county metropolitan area by 2030-2040, especially
in the area of affordable housing. He applauded the project.
Case said he understands the concerns about trees planted in right of ways, but he did
like the idea of screening and would like staff to work with the developer on trees in
that area. He did not believe silver maples were considered heritage trees when the
Council was working out the subject of heritage trees. He thought the concept of
heritage trees, as the Council defined it, is being stretched to include silver maples.
He asked if we will have markers to help educate people about the gas pipeline area.
Ellis replied Magellan Pipeline will place markers. Mr. Schwieters noted it is marked
on both ends, and the pipeline location will be included in their marketing literature.
Case commented it was smart to plan for a better way out for the neighborhood to be
built to the west of the project.
Nelson expressed concern about the side lot setbacks for this price home. She thought
the houses are small for the price, and the side lot setbacks are small. In the future she
would expect to see greater side lot setbacks. She noted we have a number of similar
developments around town with multiple price ranges. The City is giving up
something to go with this type of housing, and she had hoped the price would be
lower because of the smaller lot size. She urged staff to look more closely at future
projects.
Case commented we have tried at times to do what we can to incentivize certain
things. With this project, we did get what is good for the people of Eden Prairie. He
didn't think it is up to the City to interfere with the financial aspects of the project.
We are getting a product that is more and more needed. Nelson responded we have
often received some break because we are giving some concessions. She wanted
future projects like this to be at lower price points.
Narayanan thought this is a win/win/win scenario. The neighbors seem happy; it is
good for development; and it is good for the City. He did wish they had added more
sustainable aspects to the homes.
MOTION: Aho moved, seconded by Narayanan, to adopt Resolution 2019-33 for
Planned Unit Development concept review on 5.9 acres; to approve the first reading
of the ordinance for Planned Unit Development District review with waivers on 5.9
acres and a Zoning District change from Rural to R1-9.5 on 5.9 acres; to adopt
Resolution 2019-34 for a Preliminary Plat of one lot into 17 lots and 7 outlots on 5.9
acres; and to direct staff to prepare a development agreement incorporating staff and
Commission recommendations and Council conditions. Motion carried 5-0.
Case asked staff to follow up with neighbors about the trees, as Mr. Byrnes requested.
CITY COUNCIL MINUTES
February 19, 2019
Page 6
B. GROUND STORAGE WATER RESERVOIR& PUMP STATION by City of
Eden Prairie. Resolution 2019-35 for PUD Concept Review on 6.55 acres; First
Reading of an ordinance for PUD District Review with Waivers and Zoning District
Change to Public on 6.55 acres (Resolution 2019-35 for PUD Concept; Ordinance
for PUD District/Zoning Change)
Getschow said the City of Eden Prairie is requesting approval to construct a ground
storage water reservoir and associated pump house. The property is located between
Highway 212 and the Minnesota River Bluffs LRT Regional Trail approximately
1,400 feet east of Eden Prairie Road. The property is former MnDOT right-of-way
purchased by the City and encompasses approximately 6.55 acres.
Rick Wahlen, Utility Operations Manager, gave a PowerPoint presentation about the
project. He commented this is a project he has personally looked forward to and
worked on for a long time. He reviewed the need to expand the water infrastructure
for the City before describing the project timeline, site selection process and details of
the site plan. The land for the project was owned by MnDOT and purchased by the
City in March of 2008. Staff is currently in the last stages of acquisition for access to
the site. He reviewed the historical sites that are near the property, such as the
Washburn Train Depot. He showed elevations of the pump station and noted it will be
modeled after the historic depot. There will be signage to explain the historic nature
of the building for the benefit of those using the public access trail.
Case asked if the Council is being asked to approve the concept of the PUD and the
zoning change only. Getschow replied this is land use approval, and the project has
been budgeted for in the capital improvement budget. Ellis replied the project would
go directly to bids after approval of the zoning waivers. The bid includes the wooden
water tower and train tracks as an alternate,both of which would be evaluated for
inclusion in the final project. This action would be approving the design concept.
Aho assumed the public access to the building would be only through the Hennepin
County trail or from Eden Prairie Road. Wahlen said this project would provide a
way stop along the trail. Aho said he further assumed no one could go into the
building. Wahlen said that was correct. Aho noted it would be nice to have benches to
rest on and possibly a table. Wahlen said that would be possible.
Case asked if there would be a water fountain. Ellis replied staff has been talking with
Three Rivers Park District about partnering with us on the way station, but he did not
know if we are on the same page.
Freiberg noted he was amazed at this project. There is no question we need the
additional capacity. He asked if there will be an interpretive sign to explain the
historical significance of the site. Wahlen replied there will be.
Narayanan asked if cars driving on Hwy 212 will see the top of the building. Wahlen
CITY COUNCIL MINUTES
February 19, 2019
Page 7
replied they will see the top which will be constructed of colored concrete. Narayanan
asked if there will be an Eden Prairie sign on the building. Wahlen said staff is hoping
to minimize the visibility of the facility. Narayanan asked if there will be any other
type of landscaping besides the high grass shown in the elevations. Wahlen said they
designed the site to follow through with the City's plans for a natural prairie grass
setting. Narayanan asked if they could add more trees. Wahlen said they will
maximize the placement of trees but will need to take out trees in some areas. Staff
will replant trees further apart on the site.
Nelson liked the project as well as the idea of having a water station for humans and
pets on the site.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Aho, to close the public hearing; to adopt
Resolution NO. 2019-35 for a Planned Unit Development Concept review on 6.55
acres; and to approve the first reading of the ordinance for Planned Unit Development
District review with waivers on 6.55 acres and a Zoning District change to Public on
6.55 acres. Motion carried 5-0.
C. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS
OVER LOT 1, BLOCK 2,AUGUSTA ADDITION (Resolution No. 2019-36)
Getschow said the property owners of the lot have requested the vacation of part of the
drainage and utility easements to facilitate the plat of Pioneer Trail Eden Prairie
Addition for new building construction. He noted this is related to the Abra project that
was recently approved.
There were no comments from the audience.
MOTION: Aho moved, seconded by Freiberg, to close the public hearing and to
adopt Resolution No. 2015-36 vacating the easterly 5.00 feet of Lot 1, Block 2,
Augusta Addition, Hennepin County, Minnesota. Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Narayanan moved, seconded by Nelson, to approve the payment of claims as
submitted. Motion was approved on a roll call vote,with Aho, Freiberg,Narayanan,
Nelson, and Case voting "aye."
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER
9,RELATING TO MINNESOTA STATE FIRE CODE AND FIRE ALARM
SYSTEMS
CITY COUNCIL MINUTES
February 19, 2019
Page 8
Getschow said this item is a clean-up of the ordinance related to our Fire Code to keep
the code current with the updates in State code, to update the terminology, and to
embark on a new third party vendor software to track the registration of fire alarms at
private businesses. The new software will help to keep up with the maintenance of
those alarms and will have no cost to the City. The updates provide us the ability to
work with web-based systems.
MOTION: Narayanan moved, seconded by Freiberg, to approve the first reading of
an ordinance amending City Code Chapter 9 relating to the Minnesota State Fire
Code and fire alarm systems. Motion carried 5-0.
XII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0.
Mayor Case adjourned the meeting at 8:27 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Christy Weigel, Clerk's License Application List VIII.A.
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below
Temporary Liquor
Organization: The Preserve Association
Event: Spring Wine Tasting
Date: April 5, 2019
Place: The Preserve Community Center
11221 Anderson Lakes Parkway
Massage Therapist
Tracy Lynn Johnson
Massage Envy
11995 Singletree Lane#100
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Ground Storage Water Reservoir and VIII.B.
Janet Jeremiah/Beth Novak-Krebs Pump House
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance for Planned Unit Development District Review
with waivers on 6.55 acres and a Zoning District Change to Public on 6.55 acres
• Adopt a Resolution for a Site Plan on 6.55 acres.
Synopsis
This is the final approval of the plans for the Ground Storage Water Reservoir and Pump House.
The property is located between Highway 212 and the Minnesota River Bluffs LRT Regional
Trail approximately 1,400 feet east of Eden Prairie Road. The property is former MnDOT right-
of-way purchased by the City and encompasses approximately 6.55 acres. The project proposes
the construction of a 140-foot diameter prestressed concrete ground storage reservoir and a 2,400
square foot pump house and a parking and turn around area for maintenance vehicles
Background
In 1871, Eden Prairie's original railroad depot and water stop known as the Washburn Station
was constructed in this general area. To celebrate Eden Prairie's past, the pump house is
designed to resemble the former wooden depots of the 1880's. The building material is proposed
to resemble wood lapboard siding and the applicant is proposing windows on the ends of the
building to look like the former depot.
The project does not require a Development Agreement since this is a City project.
The 120-day review period expires on April 12, 2019.
Attachments
Ordinance for PUD and Zoning
Summary Ordinance
Resolution for Site Plan
GROUND STORAGE WATER RESERVOIR AND PUMP HOUSE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 6-2019-PUD-4-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, PLACING
CERTAIN LAND IN A ZONING DISTRICT,AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN THE DISTRICT,AND,ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be placed in the
Public Zoning District as noted in Exhibit A 6-2019-PUD-42019 (hereinafter "PUD-4-2019-PUB
").
Section 3. The City Council hereby makes the following findings:
A. PUD-4-2019-PUB is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-4-2019-PUB is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-4-2019-PUB are justified by the design of the
development described therein.
D. PUD-4-2019-PUB is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 4. The proposal is hereby adopted and the land shall be, and hereby is placed
in the Public Zoning District as noted in Exhibit A and shall be included hereafter in the Planned
Unit Development PUD-4-2019-PUB_ and the legal descriptions of land in each district referred
to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended
accordingly.
Section 5. City Code Chapter 1 entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 6. Planned Unit Development PUD-4-2019- PUB_includes the following
waivers:
A. Building Materials: City Code requires buildings in the Public Zoning District to
include at least three contrasting yet complimentary Class I materials such as
glass, brick, and stone. The waiver allows the applicant to use fiber-cement
lapboard siding to resemble wood siding.
B. Building Color: City Code requires buildings in the Public Zoning District to
include one color variation. The waiver allows the applicant to use a single color
to resemble the original depot.
C. Fence Height: City Code allows fences up to 7 feet high. The waiver allows the
applicant to use fences with a maximum height of 8 feet.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
19th day of February, 2019, and finally read and adopted and ordered published in summary
form as attached hereto at a regular meeting of the City Council of said City on the 5th day of
March, 2019.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
EXHIBIT A
Placed in Public Zoning District
Legal Description
That part of Tracts A and B described below:
Tract A
The west 800 feet of the North Half of the Southwest Quarter of the Northwest Quarter of
Section 16, Township 116 North, Range 22 West, Hennepin County, Minnesota; excepting
therefrom the right of way of the Chicago and North Western Transportation Company(formerly
the Minneapolis and St Louis Railroad) as now located and established and that part of the east
740 feet of the Southeast Quarter of the Northeast Quarter of Section 17, Township 116 North,
Range 22 West, Hennepin County, Minnesota, lying southerly and easterly of the southeasterly
right of way line of the Chicago and North Western Transportation Company(formerly the
Minneapolis and St. Louis Railroad) as now located and established and northerly of the
northerly right of way line of Scenic Heights Road as now located and established, lying
westerly of a line run parallel with and distant 100 feet southeasterly of the following described
line: Beginning at a point on the east and west quarter line of said Section 17, distant 334.92 feet
west of the east quarter corner thereof; thence run northeasterly at an angle of 57 degrees 06
minutes 56 seconds from said east and west quarter line (measured from east to north) for 1700
feet and there terminating;
Tract B
Lots 17, 18, 19, 20 and 21, Block 1, Eden School Addition, according to the plat thereof on file
and of record in the office of the County Recorder in and for Hennepin County, Minnesota;
which lies within Line 1 described below:
Commencing at Right of Way Boundary Corner 818 as shown on Minnesota Department of
Transportation Right of Way Plat No. 27-84 as the same is on file and of record in the office of
the County Recorder in and for said Hennepin County; thence southwesterly on an azimuth of
223 degrees 10 minutes 44 seconds along the boundary of said plat for 1497.23 feet to Right of
Way Boundary Corner B 17 and the point of beginning of Line 1 to be described; thence on an
azimuth of 43 degrees 10 minutes 44 seconds along the boundary of said plat for 631.32 feet;
thence on an azimuth of 202 degrees 38 minutes 18 seconds for 133.74 feet; thence on an
azimuth of 213 degrees 42 minutes 09 seconds for 1495.75 feet; thence on an azimuth of 277
degrees 04 minutes 20 seconds for 363.00 feet; thence on an azimuth of 43 degrees 11 minutes
00 seconds for 1183.17 feet to the point of beginning; containing 6.55 acres, more or less;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 212 from the lands herein conveyed.
GROUND STORAGE WATER RESERVIOR& PUMP HOUSE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 6-2019-PUD-4-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located between
Highway 212 and the Minnesota River Bluffs LRT Regional Trail approximately 1,400 feet east
of Eden Prairie Road within the Public Zoning District. Exhibit A, included with this Ordinance,
gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
Placed in Public Zoning District
Legal Description
That part of Tracts A and B described below:
Tract A
The west 800 feet of the North Half of the Southwest Quarter of the Northwest Quarter of
Section 16, Township 116 North, Range 22 West, Hennepin County, Minnesota; excepting
therefrom the right of way of the Chicago and North Western Transportation Company(formerly
the Minneapolis and St Louis Railroad) as now located and established and that part of the east
740 feet of the Southeast Quarter of the Northeast Quarter of Section 17, Township 116 North,
Range 22 West, Hennepin County, Minnesota, lying southerly and easterly of the southeasterly
right of way line of the Chicago and North Western Transportation Company(formerly the
Minneapolis and St. Louis Railroad) as now located and established and northerly of the
northerly right of way line of Scenic Heights Road as now located and established, lying
westerly of a line run parallel with and distant 100 feet southeasterly of the following described
line: Beginning at a point on the east and west quarter line of said Section 17, distant 334.92 feet
west of the east quarter corner thereof; thence run northeasterly at an angle of 57 degrees 06
minutes 56 seconds from said east and west quarter line (measured from east to north) for 1700
feet and there terminating;
Tract B
Lots 17, 18, 19, 20 and 21, Block 1, Eden School Addition, according to the plat thereof on file
and of record in the office of the County Recorder in and for Hennepin County, Minnesota;
which lies within Line 1 described below:
Commencing at Right of Way Boundary Corner 818 as shown on Minnesota Department of
Transportation Right of Way Plat No. 27-84 as the same is on file and of record in the office of
the County Recorder in and for said Hennepin County; thence southwesterly on an azimuth of
223 degrees 10 minutes 44 seconds along the boundary of said plat for 1497.23 feet to Right of
Way Boundary Corner B 17 and the point of beginning of Line 1 to be described; thence on an
azimuth of 43 degrees 10 minutes 44 seconds along the boundary of said plat for 631.32 feet;
thence on an azimuth of 202 degrees 38 minutes 18 seconds for 133.74 feet; thence on an
azimuth of 213 degrees 42 minutes 09 seconds for 1495.75 feet; thence on an azimuth of 277
degrees 04 minutes 20 seconds for 363.00 feet; thence on an azimuth of 43 degrees 11 minutes
00 seconds for 1183.17 feet to the point of beginning; containing 6.55 acres, more or less;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 212 from the lands herein conveyed.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR GROUND STORAGE WATER RESERVOIR AND PUMP HOUSE
BY THE CITY OF EDEN PRAIRIE
WHEREAS, City of Eden Prairie, has applied for Site Plan approval of Ground Storage
Water Reservoir and Pump House to construct 140-foot diameter ground storage reservoir and a
2,400 square foot pump house,by an Ordinance approved by the City Council on March 5, 2019;
and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its January 28, 2019 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
February 19, 2019 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to City of Eden Prairie
based on the Council memo dated February 19, 2019, the Council memo dated March 5, 2019,
the Plans stamp dated February 14, 2019, reviewed and approved by the City Council on March
5, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of March, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Acting Fire Chief Kevin Schmeig Second Reading of an Ordinance Amending VIII.C.
Fire Department City Code Chapter 9 Relating to the Minnesota
State Fire Code and Fire Alarm Systems
Requested Action
Move to: Approve the second reading of an ordinance amending City Code Chapter 9 relating to the
Minnesota State Fire Code and Fire Alarm Systems.
Synopsis
Under state law, the Minnesota State Fire Code ("MSFC"), which incorporates the International Fire
Code ("IFC"), is applicable throughout the state. State law allows cities, however, to adopt ordinances or
regulations which specify requirements equal to, in addition to, or more stringent than the requirements
of the MSFC that are directly related to the safeguarding of life and property from the hazards of fire.
The current City Code Section 9.05 expressly adopts the 2015 MSFC (which incorporates the 2012 IFC)
as the Fire Code of the City and prescribes certain amendments and additional regulations as allowed by
state law.
The proposed ordinance revises Section 9.05. In addition to re-organizing Section 9.05 for consistency
and readability, the proposed ordinance makes the following substantive changes:
Subdivision 1. The MSFC and the IFC are amended and updated periodically. To avoid the necessity of
amending the City Code each time the MSFC or IFC is updated at the state level, the proposed
ordinance amends Subdivision 1 of Section 9.05 to incorporate the most current version of the MSFC
and expressly adopt future amendments.
Subdivision 2. The MSFC provides for enforcement by a department of fire prevention under the
direction of a"Fire Code Official."The proposed ordinance deletes references to the"Fire Marshal" and
instead references the "Fire Code Official"throughout Section 9.05 for consistency with the MSFC. The
ordinance designates the Fire Chief as the City's Fire Code Official and allows for the appointment of a
Deputy Fire Code Official and other technical officers, inspectors, and other employees to aid in
enforcement of the Fire Code.
Subdivision 3. Subdivision 3 of the proposed ordinance amends certain sections of the MSFC as allowed
by state law. Most of these amendments are contained in the current code. New amendments are those
related to key boxes, system inspection records, and fire alarm signal dialers.
Subdivisions 6 and 8. Section 9.05 and the MSFC require or authorize the City to require permits for
various activities. Subdivision 6 adds general requirements for the application for and issuance or denial
of permits. Subdivision 8 addresses open burning permits and adds more specificity and detail for open
burning permit requirements than is currently contained in Section 9.05. Open burning permits are not
required for recreational fires, though such fires are prohibited when a burning ban or air quality alert is
in effect and all Fire Department rules must be followed.
The proposed ordinance also amends City Code Section 9.10 A relating to Fire Alarm Systems. The
proposed ordinance deletes the requirement in Subdivision 4 that all fire alarm systems be registered
with the Fire Department. Because of difficulties faced as a result of frequent turnover of property
managers and technical reporting, enforcement of the registration system has become cumbersome for
the Fire Department. The registration system is being replaced with a new third-party, web-based
compliance tool called Compliance Engine that will allow the Fire Department to track and drive
inspection and testing code compliance. Under the proposed revision to Section 9.05, contractors who
perform required inspection, testing, or maintenance services on fire and life safety systems in the City
must now submit all reports to the City through the Compliance Engine. A contract with the Compliance
Engine vendor will be presented to the Council for approval contemporaneous with or shortly after the
anticipated date of final approval of this proposed ordinance.
Finally, the proposed ordinance makes minor amendments to City Code Sections 2.26, 2.32, and 8.07 to
remove references to the Fire Marshal and update other references in light of the revisions to Section
9.05.
The first reading of the proposed ordinance was held on February l 9, 20l 9. No changes have been made
since that time.
Attachments
Ordinance
Summary Ordinance
Resolution Approving Summary
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CITY CODE CHAPTER 9 RELATING TO THE MINNESOTA STATE FIRE CODE
AND FIRE ALARM SYSTEMS AND MAKING RELATED MINOR AMENDMENTS TO
CHAPTER 2 AND CHAPTER 8; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Chapter 9, Section 9.05 of the City Code is hereby deleted in its entirety and replaced
with the following:
SECTION 9.05. MINNESOTA STATE FIRE CODE AND OTHER FIRE REGULATIONS.
Subd. 1. Adoption. Pursuant to Minnesota Statutes Section 299F.011 and Minnesota Rules
Chapter 7511,the Minnesota State Fire Code which incorporates by reference and amends certain
provisions of the International Fire Code (collectively referred to herein as "MSFC"), is hereby
adopted as the fire code for the City for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire and explosion. Except for deletions, modifications or
amendments by this Section, every provision contained in the MSFC,together with appendices A,
B, C,D, E,F, G,H, I, K, and L,is adopted and made a part of this Section 9.05 and shall be known
and may be cited as the "Fire Code" of the City. This Section incorporates the MSFC and adopts
future amendments in accordance with Minn. Stat. § 645.31, subd. 2. One copy of the most current
edition of the MSFC shall be marked as the official copy and will be kept on file in the office of
the City Clerk.
Subd. 2. Enforcement.
A. Pursuant to MSFC Section 103.1, the department of fire prevention is hereby established
within the City under the direction of the Fire Code Official. The MSFC and any state
statutes pertaining to fire and life safety shall be enforced by the department of fire
prevention.Members of the department of fire prevention shall be City employees and may
be appointed and removed by the Fire Chief with the consent of the City Manager.
B. The Fire Chief is hereby appointed as the Fire Code Official for the City. The Fire Code
Official may appoint a Deputy Fire Code Official and other related technical officers,
inspectors, and other employees as necessary.
Subd. 3. Amendments to the MSFC. The MSFC is amended as follows:
A. Amendments to Chapter 5 -FIRE APPARATUS ACCESS ROADS.
1. 503.3 "Marking" is amended in its entirety to read as follows:
503.3 Marking Fire Lanes. The marking of fire lanes on private
and public property shall be designated by the Fire Chief and City
Code, Chapter 8, section 8.07, Subd. 3.
2. 506.1 "Where required" is amended to add the following sentence at the end of
the section:
Key boxes shall be installed per the manufacturer's suggested
installation recommendations or as approved by the Fire Code
Official.
B. Amendment to Chapter 6 —BUILDING SERVICES AND SYSTEMS
1. 609.3.3 "Cleaning" is amended to add the following new subsection:
609.3.3.4 System Inspection Records. Contractors who perform
inspection, testing, or maintenance services on commercial kitchen
hoods within the City must electronically submit all compliant and
non-compliant reports to the Fire Department by a method approved
by the Fire Code Official, which may include payment of a fee as
prescribed by the City Fee Resolution.
C. Amendments to Chapter 9 -FIRE PROTECTION SYSTEMS.
1. 901.6.2 "Records" is amended to add the following new subsection:
901.6.2.2 System Inspection Records. Contractors who perform
inspection, testing, or maintenance services on fire and life safety
systems within the City must electronically submit all compliant and
non-compliant reports to the Fire Department by a method approved
by the Fire Code Official, which may include payment of a fee as
prescribed by the City Fee Resolution.
2. 904.11 "Commercial Cooking Systems" is amended to add the following
exception:
Exception: The requirement for protection does not include steam
kettles and steam tables or equipment which as used do not create
grease-laden vapors. The requirement shall not apply to Group R3
occupancies and individual units within Group R1 occupancies.
3. Section 907 "Fire Alarm and Detection Systems" is amended to add the
following new subsection:
907.10 Dialers. Dialers used to communicate fire alarm signals to a
central monitoring station shall be capable of sending all
addressable signals of the fire alarm panel that are required by the
Fire Code Official.
D. Amendment to Chapter 10 - MEANS OF EGRESS.
1. 1001.2 "Minimum requirements"is amended to add the following sentence at the
end of the section:
No exit or part thereof shall be altered in any way unless in
conformance with Chapter 10 of the City Code.
E. Amendment to Chapter 31 - TENTS AND OTHER MEMBRANE STRUCTURES.
1. 3104.20"Standby Personnel"is amended to add the following sentence at the end
of the section:
Standby personnel shall be firefighters unless otherwise approved
by the Fire Chief.
F. Amendment to Chapter 57—FLAMMABLE AND COMBUSTIBLE LIQUIDS.
1. 5704.1 "General" is amended to add the following paragraphs:
The provisions of this section which prohibit the storage of
flammable or combustible liquids in outside above ground tanks are
applicable to all residential zoning districts of the City. Above
ground tanks in all other districts shall meet the standards of UL
2085 and this section for an insulated and protected tank.
A permit from the Fire Department is required for temporary
installations of flammable or combustible liquid tanks used for
construction purposes.
G. Amendment to Chapter 61 —LIQUEFIED PETROLEUM GASES.
1. Chapter 61 is amended to add the following new section 6103:
6103.1 Permit. An installer must obtain a permit and plan approval
from the Fire Department prior to installation of a single container
or an aggregate of interconnected containers of 500 or more gallons
water capacity.
6103.2 Protection. All single container installations with a total
water storage capacity of 2,000 gallons or greater, and
interconnected containers in the aggregate greater than 2,000
gallons, shall be protected by one or more of the following methods:
1. Buried in an approved manner.
2. Mounded in an approved manner.
3. By a system for application of water approved by the Fire Code Official.
4. By other means approved by the Fire Code Official.
H. Amendment to Appendix K — FIRES OR BARBEQUES ON BALCONIES OR
PATIOS.
1. 1.1 "Open Flame Prohibited" is amended in its entirety to read as follows:
1.1 Open Flame Prohibited. In any structure containing three or
more dwelling units, with at least two vertically stacked, no person
shall kindle, maintain, or cause any fire or open flame on any
balcony above ground level, or on any ground floor patio within 15
feet of the structure.
Subd.4. Modifications. The Fire Code Official shall have the authority to modify any application
of the provisions of the MSFC upon request in writing by the owner or licensee or his or her duly
authorized agent, wherein there are particular difficulties in the way of carrying out a strict
interpretation of the MSFC, provided that the spirit of the MSFC shall be observed, public safety
secured, and substantial compliance achieved. The reasons for each such modification when
granted or allowed, and the decision of the Fire Code Official thereon shall be entered upon the
records of the Fire Department and a copy thereof furnished to each such applicant.
Subd. 5. Central Fire Alarm System. Every school building, dormitory, hospital, nursing or
rest home, hotel, motel, or boarding home, and such other premises similarly used, which are
designated in writing by the Fire Code Official upon notice to the owners thereof, shall install and
maintain a fire alarm system which is connected directly to a central alarm station. Any such
structure erected or established hereafter shall be connected to the above described system before
the commencement of any such use, or uses, therein.
Subd. 6. Permits.
A. For any permit required or authorized by the MSFC or this Section, the following
provisions apply:
1. Application. Permit applications must be made to the Fire Department on forms
prescribed by the City. All questions asked or information required by the
application forms shall be answered fully and completely by the applicant. The
applicant must comply with applicable laws, regulations, ordinances, and any
additional requirements of the City.
2. Denial. The Fire Code Official may deny any permit application when the activity
for which the permit is sought violates any applicable law, statute, rule,regulation,
or ordinance or is contrary to the public health, safety, or welfare.
3. Conditions. Any permit may be subject to conditions that protect the public health,
safety and welfare.
4. Permit Fee. Upon submission of a permit application, the applicant must pay a
permit fee to the City.
5. Revocation. A permit is subject to revocation for failure to comply with permit
conditions or failure to comply with any other applicable law, rule, regulation, or
ordinance.
B. The Building Official and the Fire Chief shall act as a committee to determine and specify,
after giving affected persons an opportunity to be heard, any new materials, processes or
occupancies which will require permits, in addition to those now enumerated in MSFC or
this Section. The Fire Code Official will post such list of required permits on the Fire
Department website and distribute copies thereof to interested persons.
Subd. 7. Emergency Service Costs.
A. Costs. Every person, firm or corporation that is not a resident of the City or the owner of
real property in the City subject to real property taxes, shall be liable for all the costs of
emergency services, including but not limited to: fire, prevention, extinguishing, rescue,
medical, clean up and related services, provided to the person, firm or corporation by the
City or contracted for by the City.
B. Assessment. Any cost herein which is not paid within 60 days of being billed may be
certified to the county auditor of any county in which the person, firm or corporation owns
real property in the State of Minnesota and shall be collected together with property taxes
levied against the property. In order to certify a charge to the auditor, the City shall on or
before September 15 provide written notice to the property owner of the City's intention
to certify the charge to the auditor. This provision does not limit in any way the City's
right to collect said costs in any other method available in law or equity.
Subd. 8. Open Burning. Open burning, recreational fires, and ground thawing/construction
material heating operations within the City are subject to all applicable federal, state, and local
laws and regulations including but not limited to the provisions of Minnesota Statutes Sections
88.15 through 88.195, the MSFC, and the City Code.
A. Open Burning. Open burning within the City of Eden Prairie shall be prohibited except
for the following.
1. Prairie Burns. Natural or restored prairie areas may be burned for management
purposes if the following requirements are met:
a. A management plan is in effect. The plan must be on file with the Fire
Department and approved by the City Forester.
b. Trained firefighting crews are present at the burn. The Fire Chief must
approve the crews.
c. An open burning permit is obtained from the Fire Department.
d. All Fire Department rules are followed.
2. Minnesota River Flood Debris Burns. A property owner may remove debris left
on the Minnesota River bank and flood plain by flood waters by open burning. An
open burning permit must be obtained from the Fire Department.
3. Recreational Fires. An open burning permit is not required for recreational fires
within the City. No more than one recreational fire is allowed on a parcel of record
or lot at one time. All Fire Department rules must be followed. Recreational fires
are prohibited when a burning ban or air quality alert is in effect.
4. Ground Thawing/Construction Material Heating. All ground thawing and
construction material heating(such as sand piles and water for masonry work)shall
be done with LP or natural gas. No open burning permit is required.No burning of
combustible materials such as wood or construction debris is allowed.
5. Special Permits. The Fire Code Official is authorized to issue special open burning
permits for circumstances that may include, but are not limited to, fire department
training fires, catastrophic event debris disposal, and other similar circumstances
protective of the public health, safety, and welfare.
B. Open Burning Permit. In addition to the provisions and requirements of subdivision 6 of
this Section, open burning permits shall be subject to the following:
1. In determining whether to issue or deny an open burning permit application, the
Fire Code Official may consider such factors as atmospheric conditions,proximity
of the proposed fire to structures and other combustibles, the potential of fire
spreading, and air quality.
2. An open burning permit is subject to the condition that no burning may occur when
there is a burning ban or air quality alert in effect.
3. An open burning permit is subject to revocation by the Fire Code Official or an
officer of the Minnesota Department of Natural Resources for the following
reasons: a fire hazard existing or developing during the course of the burn;violation
of permit conditions during the course of the burn;pollution or nuisance conditions
developing during the course of the burn; a fire smoldering with no flame; or the
failure to have an attendant present during the course of the burn.
C. Costs. Open burning permit holders or persons hosting a recreational fire will be
responsible for all costs incurred as a result of the burn or recreational fire, including, but
not limited to, fire suppression and administrative fees.
Subd.9. Appeals. Whenever the Fire Code Official shall disapprove any application or refuse to
grant a permit applied for or when it is claimed that a provision of the MSFC does not apply, or
that it has been misconstrued or wrongly interpreted, the applicant may appeal from the decision
of the Fire Code Official to the Board of Adjustments and Appeals within thirty (30) days from
the date of the decision.
Section 2. Chapter 9, Section 9.10 A, Subdivision LB of the City Code is hereby amended by
deleting those words that are in strikethrough font contained in brackets [] and adding those words
that are underlined, to read as follows:
B. Required Fire Alarm System. A Fire Alarm System that is a Required Fire Alarm
System which reports a more than [one]three ([4}3) false alarms to the City in a
single calendar year will cause the alarm user to be charged a user fee for each false
alarm in excess of[one]three ([443) per calendar year. The fee charged shall be in
accordance with the fee schedule adopted by the City Council.
Section 3. Chapter 9, Section 9.10 A, Subdivision 3.B of the City Code is hereby amended by
deleting those words that are in strikethrough font contained in brackets [] and adding those words
that are underlined, to read as follows:
B. Remote automatic alarm systems and other related devices shall not be installed in
such a manner that an automatic alarm signal is connected to the 911 trunks. Under
specific circumstances, automatic devices with two-way voice communication may
be permitted if the Fire Chief finds that the device complies with Section
[1215]7580.0800 Subpart 5 of the [Code of] Minnesota Administrative Rules and
is otherwise in compliance with the requirements of federal, state and local laws
and regulations.
Section 4. Chapter 9, Section 9.10 A, Subdivision 4 of the City Code is hereby amended by
deleting Subdivision 4 in its entirety and replacing it with the following:
Subd. 4. System Certification and Inspection, Testing, and Maintenance.
A. System Certification. All required Fire Alarm Systems installed after January 1,
1986 shall have a UL72 certificate. All required Fire Alarm Systems that are
updated, modified or replaced must have a UL72 certificate issued certifying that
the Fire Alarm System is in compliance with Adopted Codes. The certificate shall
be signed by a Qualified Fire Alarm Technician.
B. Inspection, Testing and Maintenance.
1. The Fire Alarm System alarm user shall have all Fire Alarm Systems
inspected and tested at least once per year in accordance with Adopted
Codes.
2. The Fire Alarm System alarm user shall maintain all Fire Alarm
Systems in accordance with manufacturer specifications and Adopted
Codes.
Section 5. City Code Chapter 2, Section 2.26, Subdivision 2.C.b. is hereby amended by deleting
those words that are in strikethrough font contained in brackets [ ] and adding those words that are
underlined, to read as follows:
b. Fire Code. The Board shall (a) hear and decide appeals of orders,
decisions or determinations made relative to the application and
interpretation of the[Uniform]Minnesota State Fire Code as adopted
by the City, (b) conduct investigations and inquiry into matters
brought before it, (c) make all decisions and findings in writing and
give notice of them to the appellant with a duplicate copy to the Fire
[Marshal]Code Official within fifteen(15)days of the decision, and
(d) recommend to the Council such new legislation as may be
consistent therewith.
Section 6. City Code Chapter 2, Section 2.32 is hereby amended by deleting those words that are
in strikethrough font contained in brackets [ ] and adding those words that are underlined, to read
as follows:
Fire Department
Fire Chief
Fire [Marshal]Code Official
Deputy Fire Code Official
Fire Inspector
Manager of InspectionsBuilding Official
Building Inspectors
Section 7. City Code Chapter 8, Section 8.07, Subdivision 3 is hereby amended by deleting those
words that are in stfiketlifeugli font contained in brackets [ ] and adding those words that are
underlined, to read as follows:
Subd.3.Whenever the owner or person who is in lawful possession of property is required
by City Code provisions,by the conditions precedent or applicable to the issuance of a use
or occupancy permit, or by order of the Fire Chief[;] or Chief of Police[, or the Fire
Prevention Bureau] to maintain driveways, access lanes, or other areas unobstructed by
parked or stopped vehicles for the purpose of insuring ingress or egress for police, fire and
emergency vehicles, the owner or person in lawful possession of such property shall place
or cause to be placed a sign or signs and yellow paint curbing as follows:
A. A sign or signs shall be placed at appropriate locations within thirty(30) days after
notification under the supervision of the Fire Chief[;] or Chief of Police[, or the
Fire Prevention Bureau].
B. Any such sign shall be placed in such a position that it is visible to anyone
attempting to use the way, lane or area for parking and shall state: "No Parking Fire
Lane—By Order of Fire Chief."
C. Any such sign shall be permanent and non-portable except when a temporary sign
is approved by written order of the Fire Chiefb] or Chief of Police[, or the Fire
Prevention Bureau]. Such sign shall not be smaller than twelve (12) inches high
and shall be white with red lettering that is at least two (2) inches high or as
approved by the Fire [Marshal]Chief.
D. At the entrance to a business or an establishment where any such sign has been
placed as set forth in this Section, exception may be made for persons who
discharge passengers from their vehicles at such an entrance.
E. All curbing which borders on or is adjacent to any such way, lane or area shall be
painted yellow and maintained as directed by the Fire Chieff;] or Chief of Police[;
or the Fire Prevention Bureau].
Section 8. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 9. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day
of February, 2019 and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 5th day of March, 2019.
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on .
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. -2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CITY CODE CHAPTER 9 RELATING TO THE MINNESOTA STATE FIRE CODE
AND FIRE ALARM SYSTEMS AND MAKING RELATED MINOR AMENDMENTS TO
CHAPTER 2 AND CHAPTER 8; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 9.99 WHICH,AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: This ordinance amends City Code Chapter 9, Section 9.05 relating to the
Minnesota State Fire Code("MSFC")by: incorporating the most current version of the MSFC and
providing for the adoption of future amendments; providing for enforcement of the MSFC by the
Fire Code Official and designating the Fire Chief as the Fire Code Official; amending certain
sections of the MSFC; adding requirements for various fire-related permits, including open
burning permits; and revising and reorganizing the subdivisions for consistency and readability.
The ordinance also amends City Code Section 9.10 A relating to fire alarm systems to require new
compliance reporting. The ordinance also makes minor amendments to City Code Sections 2.26,
2.32, and 8.07.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 5th day of March, 2019.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. is lengthy.
B. The text of summary of Ordinance No. , attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title
and summary of the Ordinance will clearly inform the public of the intent and effect
of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance shall be recorded in the Ordinance Book, along with proof of
publication, within twenty(20) days after said publication.
ADOPTED by the City Council on March 5, 2019.
Ronald A. Case, Mayor
SEAL
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #18823 ITEM NO.:
Mary Krause Approve Professional Services Agreement with VIILD.
Public Works/Engineering WSB for Construction Administration Services and
Material Testing for the Hennepin Town Road Turn
Lane Improvements Project
Requested Action
Move to: Approve Professional Services Agreement with WSB for Construction Administration
Services and Material Testing for the Hennepin Town Road Turn Lane Improvements Project.
Synopsis
This Professional Services Agreement will provide construction administration services
(including surveying, construction observation and project documentation) along with material
testing services for the Hennepin Town Road Turn Lane Improvements Project.
Background Information
The Hennepin Town Road Turn Lane Improvements Project includes the construction of a right
turn lane Hennepin Town Road to Pioneer Trail. Construction of the turn lane is anticipated to
begin in the spring of 2019 and completed in by the end of summer.
Financial Implications
The Professional Services Agreement with WSB has an estimated cost of$25,226.00. The total
estimated construction cost is approximately$185,000. Funding for the project will be from
Transportation Funds along with $100,000 contribution from the Developer of Prairie Bluffs
Senior Housing project.
Attachment
Professional Services Agreement
2017 06 01
Agreement for Professional Services
This Agreement ("Agreement") is made on the 5th day of March, 2019, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and WSB ("Consultant"), a Minnesota corporation (hereinafter
"Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN
55416.
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 Construction Administration, Observation, Staking and Materials Testing
associated with the Hennepin Town Road Turn Lane Improvement Project, 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 (Professional Engineering Services) in connection with the Work. Exhibit A is
intended to be the scope of service for the work of the Consultant. Any general or
specific conditions, terms, agreements, consultant or industry proposal, or contract terms
attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and
shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from March 5, 2019 through December 31,
2019. the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $25,226.00 for the services as described in
Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not
pay additional compensation for services that do not have prior written
authorization.
Version 2017 06 01
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
Page 2 of 10 2017 06 01
documentation as reasonably required by the City. Each invoice shall contain the
City's project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of
the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant shall be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that 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 shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable
to the fullest extent permitted under applicable law, without limitation, for any injuries,
loss, or damages proximately caused by Consultant's breach of this standard of care.
Consultant shall put forth reasonable efforts to complete its duties in a timely manner.
Consultant shall not be responsible for delays caused by factors beyond its control or that
could not be reasonably foreseen at the time of execution of this Agreement. Consultant
shall be responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days
written notice delivered to the other party at the address written above. Upon termination
under this provision, if there is no fault of the Consultant, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination. If
however, the City terminates the Agreement because the Consultant has failed to perform
in accordance with this Agreement, no further payment shall be made to the Consultant,
and the City may retain another consultant to undertake or complete the Work identified
herein.
Page 3 of 10 2017 06 01
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part
of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Consultant shall be awarded its costs and
disbursements, including attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Page 4 of 10 2017 06 01
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. 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 including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a "per project"
basis.
h. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All policies, except 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. The
Professional Liability policy shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement except with respect to the liability for
Page 5 of 10 2017 06 01
loss or damage resulting from the negligence or fault of anyone other than the
Consultant or others for whom the Consultant is legally liable.
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.
1. It shall be Consultant's responsibility to pay any retention or deductible for the
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days' prior notice to the City.
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
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
Page 6 of 10 2017 06 01
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen(15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney's fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement ("Project") does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or
the Consultant beyond the scope of the Project is without liability to the other, and the
party using the Information agrees to defend and indemnify the other from any claims or
liability resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request
for mediation unless a longer period of time is provided by agreement of the parties.
Cost of mediation shall be shared equally between the parties. Mediation shall be held in
Page 7of10 2017 06 01
the City of Eden Prairie unless another location is mutually agreed upon by the parties.
The parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any court
having jurisdiction thereof
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City's public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof Any alterations, amendments, deletions, or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties,unless otherwise provided herein.
Page 8 of 10 2017 06 01
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Consultant further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
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.
Page 9 of 10 2017 06 01
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Consultant under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Consultant in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Consultant shall comply with
those requirements as if it were a government entity. All subcontracts entered into by
Consultant in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT
By: Monica Heil
Its: Senior Project Manager
Page l0 of 10 2017 06 01
WS
February 1, 2019
Ms. Mary Krause, PE
Senior Project Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: City Project No. 18823
WSB Project No.11932-000
Dear Ms. Krause:
WSB & Associates, Inc. (WSB) is excited about the opportunity to present this proposal for
construction services for the Hennepin Town Road Turn Lane and Sidewalk Improvements at
Pioneer Trail (CSAH 1), which includes the following major tasks:
■ Construction Staking
■ Construction Observation and Contract Administration
■ Construction Materials Testing
■ As-Builts
0
The proposed scope of services presented in this proposal is based on final design and bidding
work already completed under a separate contract and discussions with City Staff.
w
CO
PROJECT UNDERSTANDING
The City will be constructing a northbound dedicated right turn along Hennepin Town Road, at the
intersection with Pioneer Trail (CSAH 1). The turn lane construction is proposed in conjunction
with the site development located in the southeast corner of that intersection and will required the
relocation of the existing signal pole located in the southeast corner of the intersection of Hennepin
Town Road at Pioneer Trail. The signal is under the jurisdiction of MnDOT, due to its proximity to
TH 169.
The project will be advertised for bids in February 2019, and construction is expected to begin as
soon as weather and load restrictions permit in Spring, 2019.
z
PROJECT APPROACH/SCOPE OF SERVICES
w
5 WSB's project scope and proposed tasks are based on our understanding of the project, and we
propose the following scope of services:
3
CO Task 1 —Construction Staking
WSB will provide construction staking and survey for construction of the project. WSB assumes
one-time staking for all required, any re-staking will be billed at a time and materials hourly rate.
m
Task 2—Construction Observation and Contract Administration
WSB will provide Construction Observation and Contract Administration services through
construction of the project and final project closeout. This will include:
G:\Group Data\Municipal\Clients-Cities-Counties\Eden Prairie\Proposals\Hennepin Town Road\Hennepin Town Road
CS Proposal\Hennepin Town Road Construction Services Proposal Appendix A.docx
Ms.Mary Krause
February 1,2019
Page 2
• Preparation of materials for and attendance at the preconstruction meeting for the project.
• Contractor submittal review
• Construction observation for a six(6)week construction schedule, including all testing and
final acceptance of the project. It assumed the construction observation needs will be part-
time for the duration of the project, and the construction observer will be on-site only when
the contractor is working and on an as-need basis for traffic control and erosion control
inspections.
• Attendance at three bi-weekly progress meetings with the contractor and City.
• Preparation of all pay vouchers.
• Prepare contract modifications including Work Orders, Change Orders, and Supplemental
Agreements.
• Responding to all contractor requests for information (RFI).
Task 3—Construction Materials Testing
WSB will provide construction materials testing services during construction as outlines in the
project specifications. A separate letter proposal detailing this scope of work is attached.
Task 4—As-Builts
Prepare as-builts consistent with the City of Eden Prairie standards for utility and signal work.
Deliverables will include both the .pdf version and the AutoCAD Civil 3D.dwg of the as-builts.
PROPOSED FEE
WSB & Associates will provide the services as outlined in Project Approach/Scope of Services.
Our budget was developed based on our understanding of the scope and experience with past
reconstruction projects in the area. We estimate an hourly fee of$25,226.00. This estimate used
an assumed 6-week construction duration, with part-time construction observation services and
time spent on-site coordinating grading work with the adjacent site developer and public
improvement work associated with the turn lane improvements.
The proposed scope and fee presented herein represents our complete understanding of the
project based on site visits and discussions with City staff. If you have any questions or concerns,
please feel free to contact me at (952) 737-4675. Once again, we appreciate the opportunity to
submit this proposal and look forward to working with you and your staff.
Sincerely,
WSB
Plik4
aL
Monica Heil, PE
Senior Project Manager
Attachments
Cc: Lee Gustafson, PE, WSB
G:\Group Data\Municipal\Clients-Cities-Counties\Eden Prairie\Proposals\Hennepin Town Road\Hennepin Town Road
CS Proposal\Hennepin Town Road Construction Services Proposal Appendix A.docx
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Approve Public Works Equipment
Robert Ellis Sharing Agreement VIII.E.
Public Work
Requested Action
Move to: Approve Public Works Equipment Sharing Agreement.
Synopsis
This Public Works Equipment Sharing Agreement will work in tandem with the previously
executed Joint Powers Mutual Aid Agreement approved in 2018. The Joint Powers Mutual Aid
Agreement allowed the City of Eden Prairie to request aid from other cities in the event the city
does not have the necessary labor to respond to a situation. The Public Works Equipment
Sharing Agreement will now allow mutual aid cities to share equipment in addition to labor
resources.
There is no fixed cost to participate in either agreements. Both agreements leave the decision as
to when to provide resources (labor or equipment) to the discretion of the sending party and the
sending party can recall such assistance at any time.
Hennepin County Emergency Management("HCEM")has volunteered to serve as the
administrative coordinator of the pacts. They have the largest EM staff of any County EM
Department in the State.
Each Party is responsible for its own personnel and equipment and for injuries or death to any
such personnel or damage to any such equipment. Responding personnel shall be deemed to be
performing their regular duties for each respective Sending Party for purposes of workers'
compensation.
Background Information
The Utilities Division within the Public Works Department has a mutual aid agreement through
the statewide MNWARN organization for aid in responding to utilities related events. This
agreement will be similar in nature, but will also cover requests for aid with respect to Streets,
Engineering, and Fleet operations. Several metro area cities have, or are in the process of,
adopting this joint powers mutual aid agreement.
Financial Implications
All Eden Prairie costs (equipment, material, labor, etc.) are recoverable through the agency
requesting aid. Similarly, if Eden Prairie requests aid then we are responsible for reimbursing
the responding agency for their costs.
Attachment
Public Works Equipment Sharing Agreement
EQUIPMENT LOAN AGREEMENT
This Equipment Loan Agreement ("Agreement") is made and entered into as of the
day of , 20 by and among the governmental units that have
executed this document as evidenced by the signature pages attached hereto.
RECITALS
A. Each Party has certain public works Equipment that can be utilized by other Parties for
use in carrying out their respective duties to keep public infrastructure properly
maintained and to protect the public health, safety, and welfare in a cost-effective
manner.
B. It is the best interests of the Parties and their respective taxpayers to enter into an
agreement to set out a process by which a Party may request the use of certain
equipment of another Party and to set out the terms under which such equipment will be
made available.
C. This Agreement is an extension of the joint powers agreement titled the Public Works
Joint Powers Mutual Aid Agreement the parties have adopted and which is a
prerequisite to entering into this Agreement.
D. In order to reduce the financial risks associated with loaning Equipment, this Agreement
is limited to only loaning Equipment that has a replacement value of no greater than
$500,000 as determined by the Party who owns the equipment.
E. Hennepin County Emergency Management has agreed to receive and maintain the
contact information for the Parties that have entered into this Agreement in order to
facilitate requests to borrow equipment.
F. This Agreement is made pursuant to Minnesota Statues, section 471.59, which
authorizes the joint and cooperative exercise of powers common to the parties. Each of
the Parties to this Agreement is authorized to own and operate Equipment and so may
enter into a joint powers agreement to share such Equipment.
AGREEMENT
The Parties to this Agreement hereby agree as follows:
1. Definition of Terms. For the purposes of this Agreement, the following terms shall
have the meaning given them in this section.
(a) Agreement. "Agreement" means this Equipment Loan Agreement.
(b) Eligible Party. "Eligible Party" means a "governmental unit" as defined by
Minnesota Statues, section 471.59, subdivision 1 that has entered into the joint
powers agreement titled the Public Works Joint Powers Mutual Aid Agreement.
535476v4 TJG CR225-431
(c) Equipment. "Equipment" means any equipment, vehicles, or other property
owned by a Party that has a replacement value of under $500,000 as determined
by the Party who owns the equipment.
(d) HCEM. "HCEM" means Hennepin County Emergency Management or its
designee.
(e) Party and Parties. "Party" means an Eligible Party that elects to participate in this
Agreement by the authorization of its governing body. "Parties" means more than
one Party to this Agreement.
(f) Requestinq Official. "Requesting Official" means a person who is designated by
the Requesting Party to request the loan of one or more pieces of Equipment from
another Party.
(g) Requestinq Party. "Requesting Party" means a Party that requests to loan one or
more pieces of Equipment from a Sending Party.
(h) Sending Official. "Sending Official" means a person who is designated by a Party
to determine whether and to what extent that Party should loan one or more
pieces of its Equipment to a Requesting Party.
(i) Sending Party. "Sending Party" means a Party that loans one or more pieces of
Equipment to a Requesting Party.
2. Designate Officials. The governing body of each Party shall designate one or more
employees or elected officials to serve as a Requesting Official that is authorized to
request Equipment from another Party. The governing body of each Party shall also
designate one or more employees or elected officials to serve as a Sending Official that
is authorized to loan Equipment to another Party. Each Party shall provide the names
and contact information regarding its designated Requesting Official and Sending
Official to HCEM.
3. Requestinq Equipment. Whenever, in the opinion of a Requesting Official of a Party,
there is a need for Equipment from another Party, such Requesting Official may, at his
or her discretion, call upon the Sending Official of any other Party to furnish the
requested Equipment. The Parties understand that this Agreement is limited to
Equipment that has a replacement value of under $500,000 as determined by the Party
that owns the Equipment. Any piece of Equipment that has a replacement value of
$500,000 or greater may not be loaned or borrowed pursuant to this Agreement. The
Sending Party has the sole discretion of determining whether to loan the requested
Equipment to the Requesting Party and shall in no way be held liable for denying a
request.
4. Fees. The Requesting Official and the Sending Official shall mutually agree on whether
a fee shall be charged for use of the Equipment. The Requesting Official and the
Sending Official may determine that no fee will be charged. If a fee is to be charged, the
amount of the fee must be documented in writing and mutually agreed upon before any
Equipment is loaned. Such writing may be by email or any other written form. If a fee is
2
535476v4 TJG CR225-431
charged, the Sending Party shall submit an invoice to the Receiving Party within 30
days after the Equipment is returned to the Sending Party. The Receiving Party shall
pay the invoice within 30 days after receipt of the invoice.
5. Loan Period. Prior to sending the Equipment, the Requesting Official and the Sending
Official shall agree on the length of the period during which the Requesting Party may
use the Equipment. The Requesting Official and the Sending Official may agree to
modify the loan period.
6. Recalling Equipment. Whenever a Sending Party has provided one or more pieces of
Equipment to a Requesting Party, the Sending Official may at any time, regardless of
the agreed upon loan period, recall any of the Equipment it loaned if the Sending Official
determines, in his or her best judgment, such recall is necessary to provide for the best
interests of the Sending Party's community. Such action shall not result in liability to any
Party and each Party hereby waives all claims against another Party for recalling any
Equipment.
7. Requesting Party's Responsibilities. A Requesting Party that receives one or more
pieces of Equipment from a Sending Party shall, during the entire period in which the
Requesting Party has possession of the Equipment, be responsible for each of the
following:
(a) Transporting. Transporting the Equipment to and from the Sending Party's
location;
(b) Examining the Equipment. Examining the Equipment upon receipt to determine
its suitability for the Requesting Party's intended use;
(c) Trained Operators. Ensuring that only properly trained and licensed personnel
are allowed to operate the Equipment;
(d) Routine Maintenance. Conducting any routine maintenance required to operate
the Equipment. Routine maintenance includes, but is not limited to, supplying
fuel, lubricants, fluids, repairing flat tires, and other items that are typically
incidental to the use of the Equipment;
(e) Liability and Equipment Insurance. Maintaining liability, property, automobile, and
such other insurance coverages as may be needed to cover its operation of the
Equipment. The Requesting Party's coverage shall be primary and non-
contributory to any other coverage available to the Sending Party. The
Requesting Party shall also be entitled to maintain a program of self-insurance.
The Sending Party may require proof of insurance coverage from the Requesting
Party before agreeing to loan its Equipment;
(f) Workers' Compensation. Injuries to or death of its own personnel while using the
Equipment. The Requesting Party shall maintain workers' compensation
insurance or self-insurance covering its own personnel while they are using the
Equipment. The Requesting Party waives the right to sue the Sending Party for
any workers' compensation benefits paid to its own personnel or their
3
535476v4 TJG CR225-431
dependents, even if the injuries were caused wholly or partially by the negligence
of the Sending Party or its officers, employees, volunteers, or agents;
(g) Damages. Damages to or loss of the Equipment. At a minimum, the Requesting
Party shall be obligated to either repair the Equipment or pay the mutually agreed
upon actual cash value of the Equipment. The Sending Party shall be entitled to
receive any insurance or coverage proceeds received by the Requesting Party
that are in excess of the Equipment's actual cash value;
(h) Storing. Storing the Equipment in a safe and secure place; and
(i) Returning. Returning the Equipment to the Sending Party at the end of the
agreed upon loan period or earlier if recalled by the Sending Party. The
Equipment shall be returned in at least the same condition it was in when
received, except normal wear and tear. Any Equipment using fuel or other fluids
must be returned with at least the same level of fuel and fluids that the Equipment
had when received by the Requesting Party.
8. Indemnification. To the fullest extent permitted by law, the Requesting Party agrees to
defend, indemnify, and hold the Sending Party harmless against any claims brought or
actions filed against the Sending Party or any officer, employee or agent of the Sending
Party for injury to, death of, or damage to the property of any third person or persons,
arising from the Requesting Party's use of the Equipment or the Requesting Party's
failure to perform its obligations under this Agreement. The Requesting Party is not
required to indemnify the Sending Party for claims arising from the Sending Party's own
negligence or misconduct. Under no circumstances shall a Party be required to pay on
behalf of itself and the other Party any amounts in excess of the limits on liability
established in Minnesota Statutes, Chapter 466 applicable to any one Party.
9. Liability. To the fullest extent permitted by law, action by the Parties to this Agreement
are intended to be and shall be construed as a "cooperative activity" and it is the intent
of the Parties that they shall be deemed a "single governmental unit" for the purposes of
liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a(a), provide further
that for purposes of that statute, each Party to this Agreement expressly declines
responsibility for the acts or omissions of another Party, except to the extent necessary
to give effect to the indemnification provision in this Agreement.
10. Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Minnesota.
11.Waiver. The waiver by either the Requesting Party or the Sending Party of any breach
or failure to comply with any provision of this Agreement by the other party shall not be
construed as, or constitute a continuing waiver of such provision or a waiver of any other
breach of or failure to comply with any other provision of this Agreement.
12. Entire Agreement. This document, including the recitals and the documents expressly
incorporated herein by reference, constitutes the entire agreement between the Parties
regarding the lending and borrowing of Equipment. This Agreement is an extension of
the Public Works Joint Powers Mutual Aid Agreement, which is incorporated herein. To
4
535476v4 TJG CR225-431
the extent there are any inconsistencies between the documents, the provisions of this
Agreement shall be controlling with respect the lending and borrowing of Equipment by
the Parties.
13. Counterparts. This Agreement may be executed in counterparts, each of which shall
be an original, all of which shall constitute but one and the same instrument.
14. Savings Clause. If any court of competent jurisdiction finds any portion of this
Agreement to be contrary to law or invalid, the remainder of the Agreement will remain
in full force and effect.
15.Withdrawal. Any Party may withdraw from this Agreement by action of its governing
body. The withdrawing Party shall send written notification of its withdrawal to HCEM.
Any Party who withdraws from the Public Works Joint Powers Mutual Aid Agreement
shall, as of the effective date of such withdrawal, be deemed to have also withdrawn
from this Agreement.
16. Effective Date and Termination. This Agreement is effective on the date at least two
Parties sign this Agreement. This Agreement will become effective as to additional
Parties on the date executed by each such additional Party. This Agreement shall
continue until terminated. This Agreement shall be deemed terminated if the Public
Works Joint Powers Mutual Aid Agreement is terminated according to its terms, or if the
number of Parties to this Agreement falls below 11. HCEM will notify the remaining
Parties if this Agreement is terminated.
17. No Third Party Rights. This Agreement is solely for the benefit of the Parties. This
Agreement shall not create or establish any rights in or for the benefit of any third party.
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies,
caused this Agreement to be approved on the date below.
GOVERNMENTAL UNIT
Dated:
BY:
Its
AND:
Its
5
535476v4 TJG CR225-431
CITY COUNCIL AGENDA DATE:
March 5, 2019
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Police Replace Dodge Charger Squad Car#234 VIII.F.
Paul Schlueter/Fleet Services
Requested Action
Move to: Declare squad car#234 as surplus equipment and authorize the purchase of a new 2019
Dodge Charger for a cost of$23,305.00.
Synopsis
Police Department squad car#234 is a 2012 two wheel drive Dodge Charger that is due to be replaced. Staff
is requesting approval to replace this car with a 2019 Dodge Charger all-wheel drive model. Funds to
replace this vehicle are currently available in the 2019 Fleet Internal Service Capital Fund.
The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This
enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of
Minnesota. This new squad car will be purchased for$23,305.00 using the State of Minnesota CPV program.
The old 2012 Dodge Charger will be auctioned using contracts currently in place that are in compliance with the
City's Purchasing Policy and City Code.
Attachment
None
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Public Works Award Contract to Midstates Equipment for the VIII.G.
Mike Schmidt/ Streets purchase of Nuvo Crack Sealant
Requested Action
Move to: Award contract to Midstates Equipment& Supply Co., for the purchase of 46,500
lbs. of Nuvo crack sealant material for a total cost of$26,970.00
Synopsis
Two quotes were received for the purchase of 46,500 lbs., of Nuvo crack sealant to be used for
the the 2019 crack sealing of roadways through out the city. A summary of the quotes are noted
below.
Supplier: Quoted Price:
Midstates Equipment& Supply $0.58/lbs. Totaling $26,970.00
Maxwell Products $0.62/lbs. Totaling $28,830.00
The low quote that met our specifications is from Midstates Equipment & Supply Company. Staff
is requesting approval and award of the contract to Midstates Equipment& Supply Company for
the quoted amount of$26,970.00
Funds for this purchase are included in the 2019 Streets Crack Filling budget.
Background Information
Crack sealing aids in pavement preservation, helping to reduce water infiltration beneath the
pavement and to reinforce the adjacent pavement.
Attachment
City of Eden Prairie /Midstates Equipment& Supply Co., — Standard Contract for Goods and
Services
2017 06 10
Contract for Goods and Services
This Contract ("Contract") is made on the 5th day of March, 2019, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Midstates Equipment and Supply, a Minnesota Company (hereinafter
"Vendor")whose business address is 606 County Rd. #1, Mountain Lake, MN 56159
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or services
by Vendor for 46,500 lbs, of Nuvo 3404 crack sealant, hereinafter referred to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work The Vendor agrees to provide, perform and complete all the provisions of
the Work in accordance with attached Exhibit A. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit
A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or
delivered by April 30, 2019.
3. Compensation for Goods. City agrees to pay the Vendor [a fixed sum of$26,970.00 OR
[per lbs. sum of$0.58, with total payments not to exceed $27,000.00] as full and complete
payment for the goods rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, an itemized invoice setting
forth work performed under this Contract. Invoices submitted shall be paid in the same
manner as other claims made to the City.
5. Staffing. The Vendor has designated to perform the Work.
They shall be assisted by other staff members as necessary to facilitate the completion of the
Work in accordance with the terms established herein. Vendor may not remove or replace
the designated staff without the approval of the City.
[STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
7. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both
personal injury and property damage. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of
Vendor's services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken
or not performed or taken by Vendor, its agents, contractors and employees, relative to this
Contract. City will indemnify and hold Vendor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City's written acceptance of the Work. The City's rights under the
Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
13. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
Standard Purchasing Contract 2017 06 01 Page 2 of 5
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case.
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
21. Entire Contract, Construction., Application and Interpretation. This Contract is in
furtherance of the City's public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
Standard Purchasing Contract 2017 06 01 Page 3 of 5
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Vendor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Vendor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
26. Services Not Provided For. No claim for services furnished by the Vendor not
specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
28. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Vendor or other parties relevant to this Contract are subject to examination
by the City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Vendor under this Contract which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Contract is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
Standard Purchasing Contract 2017 06 01 Page 4 of 5
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Vendor in performing any of the
functions of the City during performance of this Contract is subject to the requirements of
the Data Practice Act and Vendor shall comply with those requirements as if it were a
government entity. All subcontracts entered into by Vendor in relation to this Contract
shall contain similar Data Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not
affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
VENDOR
By:
Its:
Standard Purchasing Contract 2017 06 01 Page 5 of 5
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 17-5995 ITEM NO.:
Carter Schulze Award Contract for Singletree Lane VIII.H.
Public Works/Engineering North Streetscape Project to Pember
Companies, Inc.
Requested Action
Move to: Award contract for the Singletree Lane North Streetscape Project (LC. 17-5995) to
Pember Companies, Inc. in the amount of$208,622.80.
Synopsis
Sealed bids were received on Thursday, February 21, 2019 for this project. Four(4)bids were
received and are summarized in the attached Consultant Recommendation Letter. The low bid in
the amount of$208,622.80 was submitted by Pember Companies, Inc. and is 3.0%below the
Engineer's Estimate. Our consultant and staff recommend awarding the contract for the project
to Pember Companies, Inc. in the amount of$208,622.80.
Background Information
The design improvements on the north side of Singletree Lane will complement the south project
and keep with the design framework created in the Major Center Area Streetscape Master Plan.
Just like the South Singletree Project, the north side of Singletree Lane will see improvements to
lighting and landscaping while working within the context of the existing conditions. Again, no
roadway modifications are proposed on the north side of Singletree Lane.
Project Cost Summary
The project will be funded with Capital Maintenance and Reinvestment Funds, Economic
Development Funds, TIF Pooled Redevelopment Funds.
Attachments
Contract
Consultant Recommendation Letter
FORM OF CONTRACT
THIS AGREEMENT,made and executed this day of 20_,by and between
City of Eden Prairie hereinafter referred to as the "CITY", and_Pember Companies, Inc.
hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C._17-5995 Singletree Lane North Streetscape Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices,based on estimated required
quantities is estimated to be$_208,622.80 .
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) Plans
FC-1
(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 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: Pember Companies, Inc.
By
Title
And
Title
FC-2
ws b
February 26, 2019
Honorable Mayor and City Council
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Singletree Lane North Streetscape Project
City of Eden Prairie Project No. 17-5995
WSB Project No. R-011177-000
Dear Mayor and Council Members:
2
0
Bids were received for the above-referenced project on Thursday, February 21, 2019, and were
opened and read aloud. A total of 4 competitive bids were received. The bids were checked
m for mathematical accuracy and tabulated. The Engineer's Estimate was $215,100.00.
As the attached bid tabulation indicates, the low bid was submitted by Pember Companies Inc.,
Menomonie, WI, with a bid amount of$208,622.80. This contractor has successfully completed
other projects our team has designed in different communities. WSB recommends that the City
M consider these bids and award a contract to the low bidder- Pember Companies Inc., in the
amount of$208,622.80.
° As with any construction project, there is the potential for unknown issues to arise during
construction. We recommend that the City set aside a construction contingency of 5% to 10% of
the total construction budget to address any issues that may be encountered during the
implementation of these improvements.
2
It has been a pleasure working with the City of Eden Prairie on this project and we look forward to
0_ seeing this project move into construction. If you have any questions, please call me directly at
w 612-360-1321.
Sincerely,
WSB
M
W
9V:1A/I
LL
Eva Kelly, PLA
w Project Manager
X Enclosure
cc: Carter Schulze, Rodney Rue,City of Eden Prairie
Jason Amberg,WSB
alp
K:\011175-000\Admin\Construction Admin\North\Bidding\Bid Tabulation and LOR\11177-000_North_LOR_20190225.docx
BID TABULATION SUMMARY
PROJECT: Singletree Lane North Streetscape Project
OWNER: City of Eden Prairie, MN
CP NO.: 17-5995
WSB PROJECT NO.: 011177-000
Bids Opened: February 21, 2019, 10:00 a.m.
Contractor Addendum No. 1 Bid Security(5%) Grand Total Bid
1 Pember Companies, Inc. X X $208,622.80
2 Meyer Contracting, Inc. X X $233,590.00
3 Odesa II, LLC X X $238,323.00
4 Blackstone Contractors, LLC X X $239,529.00
Engineer's Opinion of Cost $215,100.00
I hereby certify that this is a true and correct tabulation of the bids as received on February 21, 2019.
Eva Kelly, LA Project Manager
Denotes corrected figure
K:1011175-0001Admin\Construction AdminlNorthlBidding111177-000_North Bid Tab Summary_20190222
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 17-5994 ITEM NO.:
Carter Schulze Award Contract for Singletree Lane VIII.I.
Public Works/Engineering South Streetscape Project to Odesa II,
LLC.
Requested Action
Move to: Award contract for the Singletree Lane Streetscape Project(I.C. 17-5994) to
Odesa II, LLC. in the amount of$703,663.00.
Synopsis
Sealed bids were received on Thursday, February 21, 2019 for this project. Five (5)bids were
received and are summarized in the attached Consultant Recommendation Letter. The bids all
included 4 alternates for additional work. The low bid in the amount of$703,663.00, including
two of the alternates, was submitted by Odesa II, LLC. and is 6.5%below the Engineer's
Estimate. Our consultant and staff recommend awarding the contract for the project to Odesa II,
LLC. in the amount of$703,663.00.
Background Information
The Major Center Area Streetscape Master Plan completed in 2009 created a design framework
for streetscape improvements within the Eden Prairie's Major Center Area including Singletree
Lane. The first phase of the Singletree Lane Streetscape Improvements was constructed in 2010
from Eden Road to Flying Cloud Drive. Design of the improvements on the south side of
Singletree Lane between Prairie Center Drive and Eden Road will work within the context of the
current Singletree Lane conditions, the previous streetscape improvements and design
framework, and lessons learned from previous projects. With this streetscape project, no
roadway modifications to Singletree Lane are currently proposed.
Through the Walmart Development Agreement and Escrow Agreement executed in 2010,
Walmart provided a $535,000 escrow for streetscape improvements along Singletree Lane. Per
the Escrow Agreement, the streetscape improvements must be complete within 10 years of
execution of the agreement.
Project Cost Summary
The project will be funded with Capital Maintenance and Reinvestment Funds, Economic
Development Funds, TIF Pooled Redevelopment Funds as well as the Walmart escrow.
Attachments
Contract
Consultant Recommendation Letter
FORM OF CONTRACT
THIS AGREEMENT,made and executed this day of 20_,by and between
City of Eden Prairie hereinafter referred to as the "CITY", and Odessa II, LLC
hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C._17-5994 Singletree Lane South Streetscape Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices,based on estimated required
quantities is estimated to be$_703,663.00 .
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
c. Accepted Proposal
d. Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
FC-1
(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 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: Odesa II, LLC.
By
Title
And
Title
FC-2
ws b
February 26, 2019
Honorable Mayor and City Council
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Singletree Lane South Streetscape Project
City of Eden Prairie Project No. 17-5994
WSB Project No. R-011175-000
Dear Mayor and Council Members:
2
0
Bids were received for the above-referenced project on Thursday, February 21, 2019, and were
opened and read aloud. A total of 5 competitive bids were received. The bids were checked for
m mathematical accuracy and tabulated. The Engineer's Estimate for base bid was $727,009.00.
to
The low bid was submitted by Odesa II. Our team is familiar with this contractor on a variety of
projects, including several projects for Eden Prairie Parks, and have experienced successful
results. WSB recommends the City consider these bids and award a contract to the low bidder,
M Odesa II, Sauk Rapids, MN, in the amount of$703,663.00 for base bid and recommended add
alternate bid items as listed below:
Base Bid $680,413.00
Add Alternate A(Concrete Pavers in Medians) $17,700.00
Add Alternate B (Hydrant) $5,550.00
2 Total Recommended Contract Award: $703,663.00
1n
Note: Upon discussion with city staff, alternates C (Cast Stone Seat Wall) and D (Seat Wall Plaza
a
at Walmart) are not recommended due to cost and construction budget.
w
As with any construction project, there is the potential for unknown issues to arise during
construction. We also recommend that the City set aside a construction contingency of 5% to
10% of the total construction budget to address any potential issues that may be encountered
w
during the implementation of these improvements.
It has been a pleasure working with the City of Eden Prairie on this project and we look forward to
seeing this project move into construction. If you have any questions, please call me directly at
612-360-1321.
w
w Sincerely,
a WSB
w
x
Eva Kelly, PLA
Project Manager
Enclosure
cc: Carter Schulze, Rodney Rue,City of Eden Prairie
Jason Amberg,WSB
1001 11 7 5-0 00\Admin\Construction Admin\South\Bidding\R-011175-000_South_LOR_20190225.docx
BID TABULATION SUMMARY
PROJECT: Singletree Lane South Streetscape Project
OWNER: City of Eden Prairie, MN
CP NO.: 17-5994
WSB PROJECT NO.: 011175-000
Bids Opened: February 21, 2019, 10:00 a.m.
Grand Total Base Bid +
Contractor Addendum No. 1 Bid Security(5%) Base Bid Alternate Alternate
1 Odesa II, LLC X X $680,413.00 $148,197.00 $828,610.00
2 Pember Companies, Inc. X X $741,402.05 $292,219.20 $1,033,621.25
3 JL Theis, Inc. X X , $876,727.30 $161,353.00 i $1,038,080.30
4 Blackstone Contractors, LLC X X $854,421.50 $246,160.00 $1,100,581.50
5 G.L. Contracting, LLC X X1,132.70 $35111111M1111 $1,287,543.00
Engineer's Opinion of Cost $918,029.00
I hereby certify that this is a true and correct tabulation of the bids as received on February 21, 2019.
Eva Kelly, LA Project Manager
Denotes corrected figure
K:1011175-0001Admin\Construction AdminlSouthlBiddinglR-011175-000_South Bid Tab Summary_20190222
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #17-5995 ITEM NO.:
Carter Schulze Approve Professional Services Agreement with VIII.J.
Public Works /Engineering WSB for Construction Administration Services and
Material Testing for the Singletree Lane North
Streetscape Project
Requested Action
Move to: Approve Professional Services Agreement with WSB for Construction Administration
Services and Material Testing for the Singletree Lane North Streetscape Project.
Synopsis
This Professional Services Agreement will provide construction administration services
(including surveying, construction observation and project documentation) along with material
testing services for the Singletree Lane North Streetscape Project.
Background Information
The Singletree Lane North Streetscape Project includes the lighting and landscaping
improvements to Singletree Lane in the Major Center Area to compliment the Singletree Lane
South Streetscape Project. Construction is anticipated to begin and be completed in the summer
of 2019.
Financial Implications
The Professional Services Agreement with WSB has an estimated cost of$21,100.00. The total
estimated construction cost is $208,622.80. Funding for the project will be from the Capital
Maintenance & Reinvestment, Economic Development and TIF Pooled Redevelopment Funds.
Attachment
Professional Services Agreement
Agreement for Professional Services
This Agreement ("Agreement") is made on the 5th day of March , 2019 , between the City of Eden
Prairie , Minnesota ( hereinafter "City") , whose business address is 8080 Mitchell Road , Eden
Prairie , MN 55344 , and WSB (" Consultant") , a Minnesota corporation (hereinafter "Consultant")
whose business address is 701 Xenia Avenue South , Suite 300 , Minneapolis , MN 55416 .
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 Construction Administration , Observation , Staking and Materials Testing
associated with the Singletree Lane North Streetscape Project 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 ( WSB Letter Dated February 12 , 2019 ) in connection with the Work. Exhibit
A is intended to be the scope of service for the work of the Consultant . Any general or
specific conditions , terms , agreements , consultant or industry proposal , or contract terms
attached to or a part of Exhibit A are declined in full and , accordingly , are deleted and shall
not be in effect in any manner.
2 . Term . The term of this Agreement shall be from March 5 , 2019 through
December 31 , 2021 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 $21 , 100 . 00 for the services as described in
Exhibit A .
a . Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council . The City will not pay
additional compensation for services that do not have prior written authorization .
b . Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City .
Page 1 of 9 2017 06 01
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
n ecessary , 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
o r 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 Al 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
o r 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 .
Page 2 of 9 2017 06 01
c . Payments for Special Consultants . The Consultant shall be reimbursed for the
work of special consultants , as described herein , and for other items when
authorized in writing by the City .
d . Claims . To receive any payment on this Agreement , the invoice or bill must include
the following signed and dated statement: " I declare under penalty of perjury that
this account , claim , or demand is just and correct and that no part of it has been
paid . "
6 . Project Manager and Staffing. The Consultant shall designated a Project Manager and
n otify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein .
Consultant may not remove or replace the Project Manager without the approval of the
City .
7 . Standard of Care. Consultant shall exercise the same degree of care , skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
u nder similar circumstances in Hennepin County , Minnesota . Consultant shall be liable
to the fullest extent permitted under applicable law , without limitation , for any injuries , loss ,
o r damages proximately caused by Consultant' s breach of this standard of care .
Consultant shall put forth reasonable efforts to complete its duties in a timely manner .
Consultant shall not be responsible for delays caused by factors beyond its control or that
could not be reasonably foreseen at the time of execution of this Agreement . Consultant
shall be responsible for costs , delays or damages arising from unreasonable delays in the
performance of its duties .
8 . Termination . This Agreement may be terminated by either party by seven (7) days written
n otice delivered to the other party at the address written above . Upon termination under
this provision , if there is no fault of the Consultant , the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination . If however,
the City terminates the Agreement because the Consultant has failed to perform in
accordance with this Agreement , no further payment shall be made to the Consultant , and
the City may retain another consultant to undertake or complete the Work identified herein .
9 . Subcontractor. The Consultant shall not enter into subcontracts for services provided
u nder this Agreement except as noted in the Scope of Work , without the express written
consent of the City . The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten ( 10 ) days of the Consultant' s receipt of payment
by the City for undisputed services provided by the subcontractor . If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City , the Consultant shall pay interest to the subcontractor
o n 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 .
Page 3 of 9 2017 06 01
10 . Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement , who shall be employees , and under the direction , of Consultant and in no
respect employees of City , and (ii) shall have no authority to employ persons , or make
purchases of equipment on behalf of City , or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City .
11 . Insurance .
a . General Liability . Prior to starting the Work, Consultant shall procure , maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable . Such insurance shall
include , but not be limited to , minimum coverages and limits of liability specified in this
Paragraph , or required by law .
b . Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work :
Worker' s Compensation Statutory Limits
Employer' s Liability $ 500 , 000 each accident
$ 500 , 000 disease policy limit
$500 , 000 disease each employee
Commercial General $ 1 , 000 , 000 property damage and bodily
Liability injury per occurrence
$2 , 000 , 000 general aggregate
$2 , 000 , 000 Products — Completed Operations
Aggregate
$ 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 .
Page 4 of 9 2017 06 01
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 .
S aid 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.
a 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
P rofessional Liability Policy , shall name the " City of Eden Prairie" as an additional
insured including products and completed operations .
g . All policies , except the Professional Liability Policy , shall apply on a " per project" basis .
h . All General Liability policies , Automobile Liability policies and Umbrella policies shall
contain a waiver of subrogation in favor of the City .
i . All policies , except for the Worker' s Compensation Policy and the Professional Liability
P olicy , 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 . The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable .
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 .
n . Consultant shall maintain in effect all insurance coverages required under this
P aragraph 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 5 of 9 2017 06 01
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 .
12 . Indemnification . Consultant will defend and indemnify City , its officers , agents , and
employees and hold them harmless from and against all judgments , claims , damages ,
costs and expenses , including a reasonable amount as and for its attorney' s fees paid ,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents , contractors and employees , or any negligent or intentional act or
omission performed , taken or not performed or taken by Consultant , its agents , contractors
and employees , relative to this Agreement . City will indemnify and hold Consultant
harmless from and against any loss for injuries or damages arising out of the negligent
acts of the City , its officers , agents or employees .
13 . Ownership of Documents . All plans , diagrams , analyses , reports and information
generated in connection with the performance of the Agreement (" Information ") shall
become the property of the City , but Consultant may retain copies of such documents as
Page 6 of 9 2017 06 01
records of the services provided . The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes . Use of the Information for
the purposes of the project contemplated by this Agreement (" Project") does not relieve
any liability on the part of the Consultant , but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom .
14 . Mediation . Each dispute , claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party . Unless the parties agree otherwise , the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party . No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties . Cost of
mediation shall be shared equally between the parties . Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties . The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15 . Assignment. Neither party shall assign this Agreement, nor any interest arising herein ,
without the written consent of the other party .
16 . Compliance with Laws and Regulations . In providing services hereunder , the
Consultant shall abide by statutes , ordinances , rules , and regulations pertaining to the
provisions of services to be provided . Any violation of statutes , ordinances , rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement .
17 . Conflicts . No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest , direct or indirect , in this Agreement . The violation
of this provision renders the Agreement void .
18 . Counterparts . This Agreement may be executed in multiple counterparts , each of which
shall be considered an original .
19 . Damages . In the event of a breach of this Agreement by the City , Contractor shall not be
entitled to recover punitive , special or consequential damages or damages for loss of
business .
20 . Employees . Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one ( 1 ) year thereafter, without prior written consent of the
former employer in each case .
21 . Enforcement. The Contractor shall reimburse the City for all costs and expenses ,
including without limitation , attorneys' fees paid or incurred by the City in connection with
Page7of9 2017 06 01
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement .
22 . Entire Agreement , Construction , Application and Interpretation . This Agreement is
in furtherance of the City' s public purpose mission and shall be construed , interpreted ,
and applied pursuant to and in conformance with the City' s public purpose mission . The
entire agreement of the parties is contained herein . This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations , amendments , deletions , or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties , unless otherwise provided herein .
23 . Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota .
24 . Non -Discrimination . During the performance of this Agreement , the Consultant shall not
discriminate against any employee or applicants for employment because of race , color,
creed , religion , national origin , sex , marital status , status with regard to public assistance ,
disability , sexual orientation or age . The Consultant shall post in places available to
employees and applicants for employment , notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment . The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work , and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363 . 01 , et. seq . , Title VI of the Civil Rights Act of
1964 , and the Americans with Disabilities Act of 1990 .
25 . Notice . Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to
an officer of the party , or if mailed in a sealed wrapper by United States registered or
certified mail , return receipt requested , postage prepaid , or if deposited cost paid with a
nationally recognized , reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid , provided , however , that if notice is
given by mail or deposit , that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change
its address for the service of notice by giving written notice of such change to the other
party , in any manner above specified , 10 days prior to the effective date of such change .
26 . Rights and Remedies . The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties , obligations , rights and remedies otherwise imposed or available by law.
27 . Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City .
28 . Severability. The provisions of this Agreement are severable . If any portion hereof is ,
for any reason , held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
Page 8 of 9 2017 06 01
29 . Statutory Provisions .
a . Audit Disclosure . The books , records , documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement .
b . Data Practices . Any reports , information , or data in any form given to , or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential , shall not be made available to any individual or organization without the City's
prior written approval . This Agreement is subject to the Minnesota Government Data
Practice Act , Minnesota Statutes Chapter 13 ( Data Practices Act) . All government data ,
as defined in the Data Practices Act Section 13 . 02 , Subd 7 , which is created , collected ,
received , stored , used , maintained , or disseminated by Consultant in performing any of
the functions of the City during performance of this Agreement is subject to the
requirements of the Data Practice Act and Consultant shall comply with those
requirements as if it were a government entity . All subcontracts entered into by Consultant
in relation to this Agreement shall contain similar Data Practices Act compliance language .
30 . Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect , the validity of the remainder of this Agreement .
Executed as of the day and year first written above .
CITY OF EDEN PRAIRIE
Mayor
City Manager
WSB
9144- 4C-46
By : 1 0a L . AMr
Its : PguJCIMt" amp rvim iti
Page 9 of 9 2017 06 01
EXHIBIT A
WS 0 `3
February 12 , 2019
Mr. Carter Schulze
Assistant City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie , MN 55344
Re : Construction Services Proposal — Singletree Lane — North
0
Dear Mr. Schulze :
0
WSB is pleased to present this proposal for construction services related to the construction
improvements of Singletree Lane — North Streetscape .
This scope of services is based on discussions with you and Rodney Rue as well as knowledge
o from WSB's direct involvement in the preparation of the construction documents for this project .
0
co
PROJECT UNDERSTANDING
It is our understanding that the scope of services for this project are to provide construction
administration services for the development of the streetscape improvements that include
removals , earthwork , electrical , light fixtures , and landscaping .
The anticipated contract award for Singletree Lane North is expected in March 2019 with an
estimated construction budget of $230 , 000 . Construction is scheduled to take place April
August 2019 . This project will also involve coordination with the awarded contractor for the
_ Singletree Lane - South project, should it be a separate contractor. We've assumed 8- 10 weeks
0 of active construction .
a
SCOPE OF SERVICES
z
WSB is proposing the following construction inspection and administration services for this project
0 based on the project understanding and as outlined below:
0
111
Construction Administration Services
1 . Conduct Pre-Construction Meeting including preparing and distributing meeting minutes
to all attendees .
2 . Site Progress Meetings : Attend up to 8 site progress meetings during periods of active
construction during the project to allow for pro-active communication with the contractor
and Owner, which will maximize efficiency during the construction . Meeting minutes will
be prepared and distributed to all the attendees . These meetings will allow WSB to :
a . Become generally familiar with and to keep the Owner informed about the
progress and the quality of the portion of the work completed . Note , this does not
111
X include exhaustive or continuous on -site inspections to check the quality or
quantity of the work .
b . Determine , in general , if the work is being performed in a manner indicating that
when fully completed , it will be in accordance with the Contract Documents .
G:\Group Data\Municipal\Clients - Cities - Counties\Eden Prairie\Proposals\Singletree Lane StreetscapinglConstruction Services Proposal\NORTH - Construction
Services Proposal - Singletree Lane.docx
Mr. Carter Schulze
February 12 , 2019
Page 2
c. Report to the Owner known deviations from the Contract Documents .
d . Includes attending 1 Substantial completion meeting and preparing punchlist.
e . Includes attending 1 Final Project Completion review meeting .
3 . Review submittals and shop drawings .
4 . Answer contractor questions and provide design intent and clarification for any issues
that may arise during the project.
5 . Review pay applications prepared by contractor and make recommendations regarding
payment .
6 . In the event of changed conditions during the project , WSB will prepare and distribute
any necessary change orders to expedite the work in the field .
Construction Inspections
WSB will provide a part-time observer to be on -site , as needed , for testing , inspections , and
observations during the project to provide experience and knowledge regarding proper
construction techniques that meet all necessary standards .
1 . Attendance at Pre-Construction Meeting .
2 . Assume 8 trips at a maximum of 5 hours per trip .
Environmental Compliance
WSB will provide a certified Environmental Compliance Specialist registered in the State of
Minnesota as having successfully completed the comprehensive U of M construction site
manager training course. WSB will conduct a biweekly audit of the project to meet the City's
requirements and goals . Each site audit will include a review of the project' s SWPPP , installation
of BMPs , inspection and maintenance records , and overall site compliance with the NPDES
Permit and the City' s ordinances . The Specialist will prepare an inspection report detailing the
audit results and all reports will be provided within 24 hours of inspection completion . The WSB
inspector will utilize Datafi , a web-based GIS application specifically targeted for field inspection
tools with the ability to manage projects and quickly report on inspections . This implementation
will include WSB' s standard Environmental Compliance field inspection survey and report .
1 . Includes biweekly audits of the project ( up to 6 trips total)
Materials Testing Services
1 . Aggregate Base
a . 1 sieve analysis to ensure aggregate base meets specifications
b . 1 density tests
2 . Concrete foundations
a . 2 concrete tests on mix
b . 2 curing and compressive strength tests
Construction Staking and Coordination
1 . Prepare stakeout data for Construction Limit and Light Fixtures .
2 . Provide construction stakes for all of the above . One set of stakes with line and grade on
an offset that is usable . The contractor will be responsible for protecting theses stakes .
Any re -stake will be at the contractor' s cost.
ADDITIONAL SERVICES
1 . Any additional work or change in project scope will be completed on an hourly basis to be
billed in accordance with WSB' s hourly rates at the time work is completed .
PROJECT MANAGEMENT
1 . Jason Amberg will serve as the principal , with Eva Kelly providing day-to-day project
management.
Mr. Carter Schulze
February 12 , 2019
Page 3
P ROPOSED FEES
All proposed fees are based on the scope of services defined in this proposal . Fees are to be
billed as hourly not-to-exceed .
Construction Administration $ 10 , 500
Construction Inspections $ 5 , 200
Environmental Compliance $ 1 , 200
Materials Testing $ 1 ,400
Construction Staking $ 2 , 800
TOTAL FEE $ 21 , 100
ASSUMPTIONS AND EXCLUSIONS
The scope of services includes the following assumptions and exclusions related to the project
fees :
1 . Construction inspections , observation and testing services are based upon the assumed
hours , and it also assumes the Contractor(s) supply all necessary information throughout
the construction period .
2 . Warranty review of plant material to be performed by Owner.
The proposed scope and fee presented herein represents our complete understanding of the
project based on available information . If you have any questions or need additional information ,
please feel free to contact me at (763) 231 -4841 . Once again , we appreciate the opportunity to
submit this proposal and look forward to working with you and your staff.
S incerely,
WSB Team
f
Jason L . Amberg , PLA , ASLA Eva Kelly, PLA
P rincipal / Group Manager Landscape Architect
Alp
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #17-5994 ITEM NO.:
Carter Schulze Approve Professional Services Agreement with VIII.K.
Public Works /Engineering WSB for Construction Administration Services and
Material Testing for the Singletree Lane South
Streetscape Project
Requested Action
Move to: Approve Professional Services Agreement with WSB for Construction Administration
Services and Material Testing for the Singletree Lane South Streetscape Project.
Synopsis
This Professional Services Agreement will provide construction administration services
(including surveying, construction observation and project documentation) along with material
testing services for the Singletree Lane South Streetscape Project.
Background Information
The Singletree Lane South Streetscape Project includes sidewalk widening, retaining walls,
banner poles, bollards, lighting and landscaping improvements to Singletree Lane in the Major
Center Area. Construction is anticipated to begin and be completed in the summer of 2019.
Financial Implications
The Professional Services Agreement with WSB has an estimated cost of$43,500.00. The total
estimated construction cost is $703,663.00. Funding for the project will be from the Capital
Maintenance &Reinvestment, Economic Development and TIF Pooled Redevelopment Funds as
well as the Walmart escrow fund.
Attachment
Professional Services Agreement
Agreement for Professional Services
This Agreement ("Agreement") is made on the 5th day of March , 2019 , between the City of Eden
Prairie , Minnesota ( hereinafter "City") , whose business address is 8080 Mitchell Road , Eden
Prairie , MN 55344 , and WSB (" Consultant") , a Minnesota corporation (hereinafter "Consultant")
whose business address is 701 Xenia Avenue South , Suite 300 , Minneapolis , MN 55416 .
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 Construction Administration , Observation , Staking and Materials Testing
associated with the Singletree Lane South Streetscape Project 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 ( WSB Letter Dated February 12 , 2019 ) in connection with the Work. Exhibit
A is intended to be the scope of service for the work of the Consultant . Any general or
specific conditions , terms , agreements , consultant or industry proposal , or contract terms
attached to or a part of Exhibit A are declined in full and , accordingly , are deleted and shall
not be in effect in any manner.
2 . Term . The term of this Agreement shall be from March 5 , 2019 through
December 31 , 2021 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 $43 , 500 . 00 for the services as described in
Exhibit A .
a . Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council . The City will not pay
additional compensation for services that do not have prior written authorization .
b . Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City .
Page 1 of 9 2017 06 01
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
n ecessary , 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
o r 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
o r 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 .
Page 2 of 9 2017 06 01
c . Payments for Special Consultants . The Consultant shall be reimbursed for the
work of special consultants , as described herein , and for other items when
authorized in writing by the City .
d . Claims . To receive any payment on this Agreement , the invoice or bill must include
the following signed and dated statement : " I declare under penalty of perjury that
this account , claim , or demand is just and correct and that no part of it has been
paid . "
6 . Project Manager and Staffing. The Consultant shall designated a Project Manager and
n otify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein .
Consultant may not remove or replace the Project Manager without the approval of the
City .
7 . Standard of Care . Consultant shall exercise the same degree of care , skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
u nder similar circumstances in Hennepin County , Minnesota . Consultant shall be liable
to the fullest extent permitted under applicable law , without limitation , for any injuries , loss ,
o r damages proximately caused by Consultant's breach of this standard of care .
Consultant shall put forth reasonable efforts to complete its duties in a timely manner.
Consultant shall not be responsible for delays caused by factors beyond its control or that
could not be reasonably foreseen at the time of execution of this Agreement. Consultant
shall be responsible for costs , delays or damages arising from unreasonable delays in the
performance of its duties .
8 . Termination . This Agreement may be terminated by either party by seven (7) days written
n otice delivered to the other party at the address written above . Upon termination under
this provision , if there is no fault of the Consultant , the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination . If however ,
the City terminates the Agreement because the Consultant has failed to perform in
accordance with this Agreement , no further payment shall be made to the Consultant , and
the City may retain another consultant to undertake or complete the Work identified herein .
9 . Subcontractor. The Consultant shall not enter into subcontracts for services provided
u nder this Agreement except as noted in the Scope of Work, without the express written
consent of the City . The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten ( 10) days of the Consultant' s receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City , the Consultant shall pay interest to the subcontractor
o n 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 .
Page 3 of 9 2017 06 01
10 . Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such ( i ) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees , and under the direction , of Consultant and in no
respect employees of City , and ( ii ) shall have no authority to employ persons , or make
purchases of equipment on behalf of City , or otherwise bind or obligate City . No statement
herein shall be construed so as to find the Consultant an employee of the City .
11 . Insurance .
a . General Liability . Prior to starting the Work, Consultant shall procure , maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable . Such insurance shall
include , but not be limited to , minimum coverages and limits of liability specified in this
Paragraph , or required by law .
b . Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work :
Worker' s Compensation Statutory Limits
Employer' s Liability $ 500 , 000 each accident
$500 , 000 disease policy limit
$ 500 , 000 disease each employee
Commercial General $ 1 , 000 , 000 property damage and bodily
Liability injury per occurrence
$2 , 000 , 000 general aggregate
$2 , 000 , 000 Products — Completed Operations
Aggregate
$ 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 .
Page 4 of 9 2017 06 01
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 .
S aid 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
P rofessional Liability Policy , shall name the "City of Eden Prairie" as an additional
insured including products and completed operations .
g . All policies , except the Professional Liability Policy , shall apply on a " per project" basis .
h . All General Liability policies , Automobile Liability policies and Umbrella policies shall
contain a waiver of subrogation in favor of the City .
i . All policies , except for the Worker' s Compensation Policy and the Professional Liability
P olicy , 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 . The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable .
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 .
n . Consultant shall maintain in effect all insurance coverages required under this
P aragraph 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 5 of 9 2017 06 01
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 .
12 . Indemnification . Consultant will defend and indemnify City , its officers , agents , and
employees and hold them harmless from and against all judgments , claims , damages ,
costs and expenses , including a reasonable amount as and for its attorney' s fees paid ,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant , its agents , contractors and employees , or any negligent or intentional act or
omission performed , taken or not performed or taken by Consultant , its agents , contractors
and employees , relative to this Agreement . City will indemnify and hold Consultant
harmless from and against any loss for injuries or damages arising out of the negligent
acts of the City , its officers , agents or employees .
13 . Ownership of Documents . All plans , diagrams , analyses , reports and information
generated in connection with the performance of the Agreement (" Information ") shall
become the property of the City , but Consultant may retain copies of such documents as
Page 6 of 9 2017 06 01
records of the services provided . The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes . Use of the Information for
the purposes of the project contemplated by this Agreement (" Project") does not relieve
any liability on the part of the Consultant , but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom .
14 . Mediation . Each dispute , claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party . Unless the parties agree otherwise , the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party . No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties . Cost of
mediation shall be shared equally between the parties . Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties . The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement , which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15 . Assignment. Neither party shall assign this Agreement , nor any interest arising herein ,
without the written consent of the other party .
16 . Compliance with Laws and Regulations . In providing services hereunder, the
Consultant shall abide by statutes , ordinances , rules , and regulations pertaining to the
provisions of services to be provided . Any violation of statutes , ordinances , rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement .
17 . Conflicts . No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest , direct or indirect , in this Agreement . The violation
of this provision renders the Agreement void .
18 . Counterparts . This Agreement may be executed in multiple counterparts , each of which
shall be considered an original .
19 . Damages . In the event of a breach of this Agreement by the City , Contractor shall not be
entitled to recover punitive , special or consequential damages or damages for loss of
business .
20 . Employees . Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one ( 1 ) year thereafter , without prior written consent of the
former employer in each case.
21 . Enforcement . The Contractor shall reimburse the City for all costs and expenses ,
including without limitation , attorneys' fees paid or incurred by the City in connection with
Page 7 of 9 2017 06 01
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement .
22 . Entire Agreement, Construction , Application and Interpretation . This Agreement is
in furtherance of the City' s public purpose mission and shall be construed , interpreted ,
and applied pursuant to and in conformance with the City' s public purpose mission . The
entire agreement of the parties is contained herein . This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations , amendments , deletions , or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties , unless otherwise provided herein .
23 . Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota .
24 . Non -Discrimination . During the performance of this Agreement , the Consultant shall not
discriminate against any employee or applicants for employment because of race , color,
creed , religion , national origin , sex , marital status , status with regard to public assistance ,
disability , sexual orientation or age . The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non -
discrimination clause and stating that all qualified applicants will receive consideration for
employment . The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work . The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363 . 01 , et. seq . , Title VI of the Civil Rights Act of
1964 , and the Americans with Disabilities Act of 1990 .
25 . Notice . Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to
an officer of the party , or if mailed in a sealed wrapper by United States registered or
certified mail , return receipt requested , postage prepaid , or if deposited cost paid with a
nationally recognized , reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid , provided , however, that if notice is
given by mail or deposit , that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change
its address for the service of notice by giving written notice of such change to the other
party , in any manner above specified , 10 days prior to the effective date of such change .
26 . Rights and Remedies . The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties , obligations , rights and remedies otherwise imposed or available by law.
27 . Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City .
28 . Severability. The provisions of this Agreement are severable . If any portion hereof is ,
for any reason , held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
Page 8 of 9 2017 06 01
29 . Statutory Provisions .
a . Audit Disclosure . The books , records , documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement .
b . Data Practices . Any reports , information , or data in any form given to , or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential , shall not be made available to any individual or organization without the City' s
prior written approval . This Agreement is subject to the Minnesota Government Data
Practice Act , Minnesota Statutes Chapter 13 ( Data Practices Act) . All government data ,
as defined in the Data Practices Act Section 13 . 02 , Subd 7 , which is created , collected ,
received , stored , used , maintained , or disseminated by Consultant in performing any of
the functions of the City during performance of this Agreement is subject to the
requirements of the Data Practice Act and Consultant shall comply with those
requirements as if it were a government entity . All subcontracts entered into by Consultant
in relation to this Agreement shall contain similar Data Practices Act compliance language .
30 . Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect , in any respect, the validity of the remainder of this Agreement .
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
WSB
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Page 9 of 9 2017 06 01
EXHIBIT A
WS 0 V
February 12 , 2019
Mr. Carter Schulze
Assistant City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie , MN 55344
Re : Construction Services Proposal — Singletree Lane - South
0
Dear Mr. Schulze :
0
WSB is pleased to present this proposal for construction services related to the construction
improvements of Singletree Lane — South Streetscape .
This scope of services is based on discussions with you and Rodney Rue as well as knowledge
o from WSB ' s direct involvement in the preparation of the construction documents for this project.
a
PROJECT UNDERSTANDING
It is our understanding that the scope of services for this project are to provide construction
~. administration services for the development of the streetscape improvements that include
removals , earthwork , electrical , light fixtures , concrete sidewalk , site amenities , seat walls ,
retaining walls , concrete pavers , pedestrian crossing , signage , and landscaping .
The anticipated contract award for Singletree Lane South is expected in March 2019 with an
estimated construction budget of $630 , 000 . Construction is scheduled from April -- August 2019 .
This project will also involve coordination with the awarded contractor for the Singletree Lane -
o North project, should it be a separate contractor. We've assumed 14 weeks of active
a construction .
SCOPE OF SERVICES
WSB is proposing the following construction inspection and administration services for this project
M based on the project understanding and as outlined below:
Construction Administration Services
`�. 1 . Conduct Pre -Construction Meeting including preparing and distributing meeting minutes
to all attendees .
W 2 . Site Progress Meetings : Attend up to 16 site progress meetings during active
construction to allow for pro-active communication with the contractor and Owner, which
will maximize efficiency during the construction . Meeting minutes will be prepared and
distributed to all the attendees . These meetings will allow WSB to :
a . Become generally familiar with and to keep the Owner informed about the
X progress and the quality of the portion of the work completed . Note , this does not
0 include exhaustive or continuous on -site inspections to check the quality or
quantity of the work .
b . Determine , in general , if the work is being performed in a manner indicating that
when fully completed , will be in accordance with the Contract Documents .
c . Report to the Owner known deviations from the Contract Documents .
G:\Group Data\Municipal\Clients - Cities - Counties\Eden PrairietProposals\Singletree Lane Streetscaping\Construction Services Proposal SOUTH - Construction
Services Proposal - Singletree Lane.docx
Mr. Carter Schulze
February 12 , 2019
Page 2
d . Includes attending 1 Substantial Completion meeting and prepare punchlist .
e . Includes attending 1 Final Project Completion review meeting .
3 . Review submittals and shop drawings .
4 . Answer contractor questions and provide design intent and/or clarification for any issues
that may arise during the project .
5 . Review pay applications prepared by contractor and make recommendations regarding
payment.
6 . In the event of changed conditions during the project, WSB will prepare and distribute
any necessary change orders to expedite the work in the field .
Construction Inspections
WSB will provide a part-time observer to be on -site as needed for testing , inspections and
observations during the project to provide experience and knowledge regarding proper
construction techniques that meet all necessary standards .
1 . Attendance at Pre-Construction Meeting .
2 . Pre- Project Inspection and Removal Measurements .
3 . Assumed up to 5 trips at a maximum of 10 hours per trip .
4 . Assumed up to 15 trips at a maximum of 5 hours per trip .
Environmental Compliance
WSB will provide a certified Environmental Compliance Specialist registered in the State of
Minnesota as having successfully completed the comprehensive U of M construction site
manager training course . WSB will conduct a biweekly audit of the project to meet the City's
requirements and goals . Each site audit will include a review of the project' s SWPPP , installation
of BMPs , inspection and maintenance records , and overall site compliance with the NPDES
Permit and the City's ordinances . The Specialist will prepare an inspection report detailing the
audit results and all reports will be provided within 24 hours of inspection completion . The WSB
inspector will utilize Datafi , a web-based GIS application specifically targeted for field inspection
tools with the ability to manage projects and quickly report on inspections . This implementation
will include WSB ' s standard Environmental Compliance field inspection survey and report .
1 . Includes biweekly audits of the project ( up to 8 trips total) .
Materials Testing Services
1 . Aggregate Base
a . 1 sieve analysis to ensure aggregate base meets specifications
b . 2 density tests
2 . Concrete foundations
a . 8 concrete tests on mix
b . 8 curing and compressive strength tests
Construction Staking and Coordination
1 . Prepare stakeout data for Construction Limit , Grading Layout , Sidewalk , Light Fixtures ,
and Walls .
2 . Provide construction stakes for all the above . One set of stakes with line and grade on an
offset that is usable . The contractor will be responsible for protecting theses stakes . Any
re-stake will be at the contractor' s cost .
ADDITIONAL SERVICES
1 . Any additional work or change in project scope will be completed on an hourly basis to be
billed in accordance with WSB 's hourly rates at the time work is completed .
PROJECT MANAGEMENT
1 . Jason Amberg will serve as the principal , with Eva Kelly providing day to day project
management.
Mr. Carter Schulze
February 12 , 2019
Page 3
P ROPOSED FEES
All proposed fees are based on the scope of services defined in this proposal . Fees are to be
billed as hourly not to exceed .
Construction Administration $ 15 , 800
Construction Inspections $ 14, 800
Environmental Compliance $ 1 , 800
Materials Testing $ 3 , 500
Construction Staking $ 7 , 600
TOTAL FEE $ 43 , 500
ASSUMPTIONS AND EXCLUSIONS
The scope of services includes the following assumptions and exclusions related to the project
fees :
1 . Construction inspections , observation and testing services are based upon the assumed
hours , and it also assumes the Contractor(s) supply all necessary information throughout
the construction period .
2 . Warranty review of plant material to be performed by Owner.
The proposed scope and fee presented herein represents our complete understanding of the
project based on available information . If you have any questions or need additional information ,
please feel free to contact me at (763) 231 -4841 . Once again , we appreciate the opportunity to
submit this proposal and look forward to working with you and your staff.
S incerely,
WSB Team
Jason L . Amberg , PLA , ASLA Eva Kelly, PLA
P rincipal / Group Manager Landscape Architect
Alp
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Matt Bourne, Parks and Accept Proposal and approve Standard VIII.L.
Natural Resources Manager, Agreement for Contract Services with St.
Parks and Recreation Croix Recreation for Playground Equipment
Motion
Move to: Accept proposal and approve the Standard Agreement for Contract Services with
St. Croix Recreation for the purchase and installation of playground equipment at
Nesbitt Preserve, Bluffs West 1 and Bluffs West 2 at a cost not to exceed
$162,724.00.
Synopsis
The City of Eden Prairie requested proposals for new playground designs and equipment at
Nesbitt Preserve Park, Bluffs West 1 Park, and Bluffs West 2 Park. The City received proposals
from four vendors and after reviewing options with the Parks, Recreation and Natural Resources
Commission., St. Croix Recreation's designs were chosen for all three parks. The proposal for
the project total was for a not to exceed cost of$155,000.00, but after adding additional
amenities requested by the Commission and staff, the cost of all equipment and installation
totaled$162,724.00. Funding for the play equipment replacement work will come from the Capital
Maintenance and Reinvestment Fund.
Background
Play equipment is on a replacement schedule based on our annual safety audits. Equipment is
identified as needing replacement based on its age and safety audit point priority ranking. Play
equipment has a normal life expectancy of 15 years and the existing equipment has out-lived its
normal expectancy.
Recommendation
The proposal from St. Croix Recreation is in line with our estimate and staff recommends approval of
this Contract.
Attachment
Standard Agreement for Contract Services
2017 06 01
Agreement for Contract Services
This Agreement ("Agreement") is made on the 5th day of March, 2019, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and St. Croix Recreation, a Minnesota business (hereinafter "Contractor")
whose business address is 1826 Tower Dr W, Stillwater, MN 55082.
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
supply and installation of the play equipment at Nesbitt Preserve, Bluffs West 1, and Bluffs West
2 hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any
manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
March 5, 2019. The Agreement shall continue for one (1) year thereafter. The project
completion must be completed by October 1, 2019 ready for owner inspection.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor's personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering
the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City's no smoking policies.
e. Contractor must honor the City's request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor's personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City's Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Removal and installation of EWF in each play container.
c. Level and grade site prior to install
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$162,724.00
as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Contractor may not
remove or replace the Project Manager without the approval of the City.
Standard Agreement for Contract Services 2017 06 01.01
Page 2 of 15
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
Standard Agreement for Contract Services 2017 06 01.01
Page 3 of 15
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance
of the Work.
k. It shall be Contractor's responsibility to pay any retention or deductible for the
coverages required herein.
1. 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
Standard Agreement for Contract Services 2017 06 01.01
Page 4 of 15
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.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Contractor harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
Standard Agreement for Contract Services 2017 06 01.01
Page 5 of 15
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Agreement, from the date of City's written acceptance of the Work. The City's rights under
the Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City's premises
any and all of Contractor's equipment and other property. Except for liability
resulting from acts or omissions of a party, arising, taken or omitted prior to such
termination, the rights and obligations of each party resulting from this Agreement
Standard Agreement for Contract Services 2017 06 01.01
Page 6 of 15
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.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
Standard Agreement for Contract Services 2017 06 01.01
Page 7 of 15
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City's public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties,unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Contractor shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
Standard Agreement for Contract Services 2017 06 01.01
Page 8 of 15
subcontracts for program work. The Contractor further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
Standard Agreement for Contract Services 2017 06 01.01
Page 9 of 15
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONTRACTOR
By:
Its:
Standard Agreement for Contract Services 2017 06 01.01
Page 10 of 15
Exhibit A
PROPOSAL FORM
Play Structures at
Nesbitt Preserve Park Playground
8641 Center Way
Bluffs West 1
10458 Devonshire
Bluffs West 2
10292 Edinburgh Circle
Eden Prairie,MN 55344
Bill Olmschenk,Park Construction Supervisor
Eden Prairie Parks Maintenance
15150 Technology Drive
Eden Prairie,MN 55344
Play equipment removal,purchasing,and installation at
Nesbitt Preserve Park $ 14 ODQ,f)n
Play equipment removal,purchasing,and installation at
Bluffs West 1 $ 4' STClf).Ge
Play equipment removal,purchasing,and installation at Bluffs West $ q7. o.00
Grand Total(Not to exceed$155,000) $ / 000.730
City Representative authorizing acceptance C c r Authorized Signature
or bid and commencement of construction
according to specifications tct+ jt R &car tf
Name(Type or Print)
Company Name
R4._9(tE sE.J.."1147)1-1
Title
182 'o w 1.4)b51—
Address
r tdt.41- irL, 4L ) 575.022.
City State Zip
W- 3 9 1,12 li pf
Telephone Number D to
Standard Agreement for Contract Services 2017 06 01.01
Page 11 of 15
St.Croix Recreation Fun Playgrounds INC. �h
1826 Tower Dr W y 7�'JI onir Stillwater,MN 55082 US r j
16514301247
hannah@stcroixrec.com RECREATION
.•,I'I.,y euai Nm
ESTIMATE ESTIMATE* 3451
DATE 02/20/2019
ADDRESS SHIP TO
City of Eden Prairie City of Eden Prairie
Accounts Payable City of Eden Prairie
8080 Mitchell Road ATTN:BELL
Eden Prairie,MN 55344 15150 TECHNOLOGY
DRIVE
• 55344
EDEN PRAIRIE,MN
55344-3680
Please detach tap portion and return with your payment. •
SHIP VIA SALES REP
TRUCKLOAD MIKE BASICH
ACTIVITY' . :. :.::.:::. .._ „ -oaw Q"iY RATE:, AMflllNT
_ - ... -.!'•:,.11.. ti..'. ��..1�..! .ES.. .::•ems.'i�. ...- ...x-y. .n tg-
BCI100-114733- 1 78,672.00 78,672.00
CUSTOM NUIN PLAYSTRCUTURE,SWINGS AND EVENTS NESBITT
PRESERVE PARK PER ATTACHED LISTING AND LAYOUT
BCI 100-114776-2 1 53,514.00 53,514.00
CUSTOM NUIN PLASTRUGTURE,SWINGS AND EVENTS BLUFFS WEST
PARK PER ATTACHED LISTING AND LAYOUT
BCI100-114773w3 1 61,486.00 61,486.00
CUSTOM NUIN PLAYSTRUCTURE,SWINGS AND EVENTS BLUFFS WEST 2
PARK PER ATTACHED LISTING AND LAYOUT
DISCOUNT 1 -30,948.00 -30,948.00
DISCOUNT
BASE BID$155 000.00
ADD FOR NESBITT MATS 60$167=$1,002.00
ADD FOR NESBITT KONNECTION SWING SEAT 1@$1,254.00
ADD FOR BLUFFS WEST(3)SOLIS SHADE PODS @$1,300-$3,900
ADD FOR BLUFFS WEST 2 (3)HUE PANELS @$300=$900
ADD FOR BLUFFS WEST 2(2)SOLIS SHADE PODS @$1,300=$2,600
DISCOUNT-$1,932
TOTAL BID:$162,724
ABOVE LISTED ITEMS WERE REQUESTED CHANGES BY CITY
INSTALLATION AND FREIGHT ARE INCLUDED IN ABOVE QUOTED/BID
PRICING
QUOTES ARE EFFECTIVE FOR 30 DAYS. TOTAL $162,724.00
SALES TAX SUBJECT TO CHANGE.ADD IF NOT EXEMPT OR SUPPLY
EXEMPTION CERTIFICATE IF NOT ON FILE(ANNUALLY).
PAYMENT TERMS ARE NET 30 DAYS UNLESS OTHERWISE NOTED.
FAILURE TO PAY IN ATIMELY MANNER MAY INCUR INTEREST.
Standard Agreement for Contract Services 2017 06 01.01
Page 12 of 15
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RECREATION NESBITT PRESERVE PARK PLAYGROUND PROPOSAL: 100-114733-3
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development Amended and Restated Project Management VIII.M.
Janet Jeremiah Agreement and Consent to First Amendment
to Escrow Agreement for Cascade at Town
Center
Requested Action
Move to: Approve Amended and Restated Project Management Agreement and Consent to First
Amendment to Escrow Agreement for Cascade at Town Center and authorize the Mayor and City
Manager to execute on behalf of the City
Synopsis
Amended and Restated Project Management Agreement
On November 14, 2018, the Council approved a Development Agreement and plans for Cascade at Town
Center(formerly Lincoln Parc) for the conversion of ground floor commercial space to 16 residential
studio units located at 8090 Eden Road. The property, which will now contain 202 residential units, is
within a Tax Increment Financing ("TIF") district that was approved with the original development in
2000 and is subject to a Project Management Agreement ("PMA") that requires the project to maintain
affordability levels for 20% of the units in the project at up to 50% of the Area Median Income ("AMI").
In the Development Agreement, the developer committed to maintaining the current affordable housing
units, provide additional affordable units for the term of the TIF district, and provide at least six
affordable units in perpetuity after the end of the TIF district. The TIF district is set to expire on
December 31, 2027.
The City and the developer have agreed to the terms of an Amended and Restated Project Management
Agreement ("Amended PMA")to formalize these commitments, as well as to amend other provisions of
the PMA. The main substantive changes reflected in the Amended PMA are as follows:
• Increase in Number of Affordable Units During the Term of the TIF District.
o The developer is required to provide six additional affordable units for the duration of the
TIF district,bringing the number of required affordable units from 38 to 44. These 44
units will consist of a minimum of 22 three-bedroom units and 12 two-bedroom units, and
a maximum of 8 one-bedroom units and 2 studio units.
o Rents for these affordable units may not exceed the maximum rates set annually by the
Minnesota Housing Finance Agency for households whose incomes do not exceed 50% of
the AMI, adjusted for number of bedrooms.
o The developer may not refuse to lease any affordable unit based on a tenant's receipt of or
eligibility for housing assistance, social security, Housing Choice Vouchers, or other types
of public or private assistance.
o The developer must provide reduced rents for these units until the end of the TIF district
even if the City has paid the developer the maximum TIF payments before the end of the
term. If, at the end of the term, the TIF payments received by the developer exceed the
amount used as actual subsidy to provide the affordable units, the developer must provide
reduced rents beyond the end of the term until the entire TIF amount is expended in actual
subsidy.
• Perpetual Affordable Inclusionary Housing Units
o Upon the end of the term of the TIF district, or upon earlier termination of the PMA, the
project must provide, in perpetuity, a minimum of 6 Affordable Inclusionary Housing
Units on the property, comprised of 4 three-bedroom units and 2 two-bedroom units.
o The City will provide no subsidy for the Affordable Inclusionary Housing Units, and rents
may not exceed the same maximum rates described above for affordable units during the
term.
o The developer may not refuse to lease any Affordable Inclusionary Housing Unit based on
a tenant's receipt of or eligibility for housing assistance, social security, Housing Choice
Vouchers, or other types of public or private assistance.
o If the developer at any time fails to provide these Affordable Inclusionary Housing Units,
the City may recover money damages in the amount of 125% of the present value of the
difference between the maximum permitted rent rates and the market rent, or seek specific
performance.
• Termination
o Section 5.2 of the original PMA gave the developer the unilateral right to terminate the
PMA at any time without cause so long as the developer repaid the City any TIF payments
that had not yet been used as subsidy for the affordable units (the "Termination
Payment"). The Amended PMA deletes this unilateral right to terminate. The Amended
PMA may now be terminated only for cause or by mutual consent of the parties.
Consent to First Amendment to Escrow Agreement
As noted above, Section 5.2 of the original PMA gave the developer the unilateral right to
terminate the PMA without cause. When the project was sold and the PMA assigned to the new owner in
2017, the seller, with the City's consent,placed funds in escrow for the Termination Payment to be made
to the City should the new owner decide to unilaterally terminate the PMA as then-permitted under
Section 5.2. Because the Amended PMA deletes the owner/developer's unilateral right to terminate the
PMA, the escrow agreement is being amended to permit the release of the escrowed funds. The City's
consent is required for this release.
Attachments
Amended and Restated Project Management Agreement
Consent to First Amendment to Escrow Agreement
AMENDED AND RESTATED
PROJECT MANAGEMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EDEN PRAIRIE (CITY)
AND
LP EP APARTMENTS,LLC (DEVELOPER)
CASCADE AT TOWN CENTER
THIS AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT
("Agreement") is made as of March 5, 2019, between THE CITY OF EDEN PRAIRIE, a public
body corporate and politic under the laws of the State of Minnesota (the "City"), and LP EP
Apartments, LLC, a Delaware limited liability company (the "Developer"). The Agreement
consists of:
1. The body of the Agreement;
2. Exhibit A—Legal description of the Project property
3. Exhibit B—Form of Rent Roll
4. Exhibit C— Second Amended TIF Note
RECITALS:
WHEREAS, the Developer is the owner of that certain real property located in the City at
12100 Singletree Lane and legally described as set forth on Exhibit A, on which is constructed a
mixed-use residential and commercial building (the "Project"); and
WHEREAS, on July 20, 1999,the City adopted that certain Tax Increment Financing Plan
and Tax Increment Financing (Qualified Housing) District 16, hereinafter referred to as "TIF
Plan".
WHEREAS, the City and the Developer's predecessor-in-interest, Hartford Financial
Services, Inc., entered into that certain Developer's Agreement dated July 6, 1999, pertaining to
the Property.
WHEREAS, the City and Hartford Associates, LLC, entered into the certain Project
Management Agreement dated June 20,2000,filed in the Office of the Hennepin County Registrar
of Titles on November 9, 2000 as Document No. 3331466 pertaining to the Property, as assigned
to Lincoln Parc Apartments, LLC, a Minnesota limited liability company, pursuant to an
Assignment of Project Management Agreement dated October 25, 2000, filed in the Office of the
Hennepin County Registrar of Titles on November 9, 2000, as Document No. 3331467. The
following amendments and assignments were subsequently recorded with the Hennepin County
Registrar of Titles pertaining to the Property:
a. Amendment No. 1 to Management Agreement dated November 14, 2000, filed
December 6, 2000, as Document No. 3339042.
b. Amendment No. 2 to Project Management Agreement dated September 30, 2003,
filed November 5, 2003, as Document No. 3871169.
c. Amendment No. 3 to Project Management Agreement and Subordination
Agreement dated February 1, 2011, filed February 23, 2011, as Document No.
4836565.
d. Assignment of Project Management Agreement dated February 1, 2011, filed
February 23, 2011, as Document No. 4836566.
e. Amendment No. 4 to Project Management Agreement dated March 31, 2015, filed
April 14, 2016, as Document No. 5340165.
2
f. Second Amendment to Project Management Agreement, by and between the City
of Eden Prairie and Lincoln Parc Apartments,LLC,dated September 17,2002,filed
December 21, 2017, as Document No. T05499875.
g. Assignment and Assumption of Project Management Agreement dated December
20, 2017, filed December 21, 2017, as Document No. T05499877, from Lincoln
Parc Apartments, LLC, a Minnesota limited liability company, as Assignor, to the
Developer, as Assignee.
The Project Management Agreement, Amendments No. 1, 2, 3, 4, the Second Amendment, and
the Assignments dated February 1, 2011 and December 20, 2017 are hereinafter referred to
collectively as the "Amended PMA."
WHEREAS, Developer and City entered into that certain Development Agreement dated
November 13, 2018, filed with the Hennepin County Registrar of Titles on November 30, 2018 as
Document No. T05579298, pertaining to the Property(the "Development Agreement").
WHEREAS, the Amended PMA requires the provision of 38 Very Low Income Units as
defined in said agreement.
WHEREAS, Developer intends to convert some commercial space in the Project into an
additional 16 residential units, for a total of 202 residential units (the "Remodel").
WHEREAS, the City also has provided tax-increment financing to reimburse the prior
developer and the Developer for certain qualified costs pursuant to Minnesota Statutes, Sections
469.174 to 469.179, as amended(the "Tax Increment Act"); and
WHEREAS,the City and the Developer agree to amend and restate the Amended PMA in
its entirety pursuant to the terms of this Agreement.
3
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants,
conditions, and promises set forth in this Agreement, the parties agree as follows:
1. Defined Terms. When used in this Agreement, the following terms shall have the
meanings set forth in this subsection 1.
1.1 Actual Subsidy:With respect to the Affordable Inclusionary Housing Units
and the Very Low Income Units, the amount by which the market rate rent for comparable units
for a certain period exceeds the rent amount actually received by the Developer for the Units, for
such period.
1.2 Affordable Inclusionary Housing Units: Dwelling units described in
Section 6, which will be rented to individuals or families whose incomes do not exceed fifty
percent (50%) of the Median Income.
1.3 Annual TIF Payment: An annual portion of the Tax Increment received
by the Developer from the City based upon seventy-five percent (75%) of the annual Tax
Increment.
1.4 Code: Internal Revenue Code, codified at Title 26 of the United States
Code, as amended.
1.5 Maximum Rent Rates: Rent amounts that do not exceed the maximum
rates set annually by the Minnesota Housing Finance Agency for households whose incomes do
not exceed fifty percent (50%) of the Median Income and adjusted for number of bedrooms.
1.6 Median Income: the area median gross income for the Minneapolis-St.
Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, and as
determined annually by the U.S. Department of Housing and Urban Development.
4
1.7 Tax Increment: The tax increments derived from the TIF District, which
have been received by the City in accordance with the provisions of Minnesota Statutes, Section
469.177 or otherwise pursuant to the Tax Increment Act.
1.8 Term: A period of twenty-five(25)years beginning on the date the first tax
increment was received in 2002 and ending on December 31, 2027.
1.9 TIF District: Housing Tax Increment Financing District No. 16, created by
the City in conformance with the Tax Increment Act, Minnesota Statutes Chapter 496, including
but not limited to Section 469.1761, which TIF District includes the Project.
1.10 Total Annual TIF Payments: The sum of the Annual TIF Payments
received by the Developer from the City. The Total Annual TIF Payments during the Term shall
not exceed the maximum amount of$8,343,643, but may be less based on the amount of each
Annual TIF Payment.
1.11 Very Low Income Units: Forty-four (44) of the 202 total dwelling units
and in any event no less than twenty percent (20%) of the dwelling units made available for rent
at any given time in the Project as described in Section 4.1, which will be rented to individuals or
families whose incomes do not exceed fifty percent (50%) of the Median Income, in accordance
with Minnesota Statutes Section 469.1761, subd. 3 and Section 142(d)(1)(A) of the Code.
2. Project Management. The Project was completed in accordance with the terms of
the Project Management Agreement, as amended by Amendment No. 1 to Project Management
Agreement. The City and the Developer agree that the Developer's management of the Project and
the City's obligations with respect to the Project shall be subject to the terms and conditions set
forth in this Agreement, including the remedies for noncompliance set forth herein or otherwise
available by law.
5
3. City Obligations.
3.1 Subject to all of the terms and conditions of this Agreement,the City agrees
to provide, or to make available to,the Developer with regard to the Project the benefits described
in this Section 3.
3.2 The City has established the Qualified Housing District in conformance
with Minnesota Statutes, Section 469.001 to 469.047, formerly Chapter 462.
3.3 The City has created the TIF District.
3.4 If all other terms and conditions of this Agreement have been complied with
and performed, the City shall pay to the Developer or its lender the Annual TIF Payments during
the Term. The Annual TIF Payments may be used only for eligible costs identified in the TIF Plan,
Section K, Estimated Public Costs, as land/building acquisition, site improvements/preparation
costs, installation of public utilities, and loan/note interest payments and for the Actual Subsidy
for the Very Low Income Units. The City's Annual TIF Payments shall be made semi-annually in
two (2) equal installments per year, each installment to be paid within ten (10) business days of
receipt by the City of property tax revenues from Hennepin County. In no event will the City be
required to make an Annual TIF Payment from any funds whatsoever other than those generated
by the TIF District. The Total Annual TIF Payments shall be the City's contribution to the Project.
4. Developer's Obligations.
4.1 Tenants. During the Term of this Agreement and as provided in Section
4.11,Developer shall use the Annual TIF Payment to provide the Actual Subsidy for the Very Low
Income Units, which shall constitute no less than twenty percent (20%) of the dwelling units
available for rent in the Project. Currently, as set forth in the Amended PMA, the Developer is
required to provide Thirty-eight (38) Very Low Income Units. The Developer shall provide an
6
additional six (6)Very Low Income Units, resulting from the creation of two (2)new units as part
of the Remodel and the conversion of four (4) existing two-bedroom units to Very Low Income
Units. Upon completion of the remodel, a minimum of forty-four (44) of the 202 dwelling units
in the Project shall be Very Low Income Units. At all times during the Term of this Agreement,
including during construction of the remodel, no less than twenty percent (20%) of the dwelling
units available for rent in the Project shall be Very Low Income Units. The Very Low Income
Units will consist of a minimum of twenty two (22) three-bedroom units, a minimum of twelve
(12) two-bedroom units, a maximum of eight (8) one-bedroom units, and a maximum of two (2)
studio units. The Developer must reexamine the income of each Very Low Income Unit tenant on
an annual basis. If the income of a Very Low Income Unit tenant did not exceed the applicable
income limit upon commencement of such tenant's occupancy of a unit,the income of such tenant
shall be treated as continuing not to exceed the applicable income limit until such tenant's income
for a year shall exceed one hundred and forty percent (140%) of the Median Income for the year.
In the event that a tenant's income exceeds such income limit,the Developer will notify the tenant
that the tenant must vacate the Very Low Income Unit by the later of the date such tenant's lease
expires or six months after the notice. The tenant may occupy another market-rate unit in the
Project.
4.2 Rents. Rent for the Very Low Income Units and Affordable Inclusionary
Housing Units may not exceed the Maximum Rent Rates.
4.3 Notice of Rent Increase. The Developer will provide tenants occupying
Very Low Income Units and Affordable Inclusionary Housing Units with written notice at least
thirty (30) calendar days before implementing any rent increase, which may not exceed the
Maximum Rent Rates.
7
4.4 Rent Roll. Developer shall submit to the City by December 31 of each year
rent roll and occupancy information for the Very Low Income Units and Affordable Inclusionary
Housing Units in the form attached hereto as Exhibit B. Additionally,the Developer must provide
to the City a calculation of Actual Subsidy for each of the Very Low Income Units and Affordable
Inclusionary Housing Units. The City will review the rent roll and will approve any proposed rent
roll,provided that such rents are not in excess of the Maximum Rent Rates.Any rent roll submitted
by the Developer will be considered approved unless disapproved by the City within thirty (30)
business days after submission. The City shall provide written reasons if any rent roll is
disapproved. The Developer shall have sixty (60) days following receipt of any notice of
disapproval or such other longer period of time as agreed to by the City(the"Cure Period")to cure
any objections the City has made in its notice of disapproval and to submit a revised rent roll to
the City for review and approval as provided for in this Section. The Developer's failure to obtain
the City's approval of revised rent rolls during the Cure Period, unless such approval is
unreasonably withheld by the City, shall constitute a default by the Developer.
4.5 Refusal to Lease. The Developer may not refuse to lease any Very Low
Income Unit or any Affordable Inclusionary Housing Unit to a prospective tenant on the basis of
the prospective tenant's receipt of, or eligibility for, housing assistance, social security, Housing
Choice Vouchers, or other types of public or private assistance. Tenants of Very Low Income
Units and Affordable Inclusionary Housing Units, and Tenants using Housing Choice Vouchers
may not have their lease terminated or not renewed based on rent increases that would otherwise
be applicable to the tenant's unit.
8
4.6 Maintenance and Repairs. The Developer shall cause the buildings,
appurtenances, equipment, and grounds of the Project to be maintained and repaired according to
applicable local codes.
4.7 Utilities and Services. The Developer shall make arrangements for water,
electricity, gas, sewage and trash disposal, vermin extermination, laundry facilities, telephone
services, and other utilities and services, as required by law, including the City Code.
4.8 Insurance. The Developer shall obtain and cause to be placed in force the
following insurance coverage for the Project: (1)Property Insurance in the amount of the assessed
market value of the Project; and (2) Commercial General Liability Insurance in the amount of
$1,000,000 coverage per occurrence and $2,000,000 aggregate coverage.
4.9 Governmental Orders. Unless under judicial or administrative appeal,
protested in good faith by the Developer in accordance with applicable law or regulation, the
Developer shall take such actions as may be necessary to comply promptly with any and all orders
or requirements affecting the Project that are placed upon the Project by any federal, state, county,
or municipal authority having jurisdiction over the Project.
4.10 Records and Reports. The Developer shall establish and maintain a
comprehensive system of records, books, and accounts in a manner reasonably satisfactory to the
City. The City may inspect Developer's records, books, and accounts during regular business
hours upon reasonable notice thereof. The Developer shall submit to the City the annual
compliance reporting required by the Minnesota Housing Finance Agency or any other applicable
federal or state agency for the Very Low Income Units and Affordable Inclusionary Housing Units.
4.11 Rent Reduction. The Developer will provide reduced rents for Very Low
Income Units as described in subsection 4.2 as follows: (1) if the City pays to the Developer the
9
maximum Total Annual TIF Payments as specified in subsection 1.10 before the end of the Term,
the Developer will continue to provide reduced rents for the Very Low Income Units until the end
of the Term; and (2) if, at the end of the Term, the Total Annual TIF Payments received by the
Developer exceed the amount used by the Developer as Actual Subsidy, the Developer shall
continue to provide reduced rents for Very Low Income Units beyond the end of the Term until
the Total Annual TIF Payments are expended in Actual Subsidy, in addition to providing the
Affordable Inclusionary Housing Units as described in Section 6. The Developer will continue to
provide reduced rents for the Affordable Inclusionary Housing Units in perpetuity.
4.12 Additional Debt. The Developer will not incur debt, except for non-Project
related debt and other than in the Developer's ordinary course of business, without the City's
written approval, which approval shall not be unreasonably withheld.
5. Termination of Agreement. This Agreement shall remain in full force and effect
unless and until terminated as provided below.
5.1 Termination by Mutual Consent. To the extent allowed by law, this
Agreement may be terminated by mutual written consent of the City and the Developer.
5.2 Termination by Right. Section 5.2 is of the Amended PMA is deleted in its
entirety.
5.3 Termination by City for Cause.
a. If during the term of this Agreement, the Developer shall fail to comply
with the terms of this Agreement, the City may provide notice of such
default or failure and, if the Developer fails to cure within sixty (60)
calendar days of receipt of notice or such greater time as allowed by the
City, may terminate this Agreement for cause upon thirty(30) calendar
days' written notice to the Developer. Termination of this Agreement
for cause shall subject the Developer to the remedies set forth in this
Agreement or otherwise.
10
b. Notwithstanding any provision to the contrary, and in addition to any
other remedy, unless the termination is under judicial or administrative
appeal, protested in good faith by the Developer in accordance with
applicable law or regulation, the Developer, in the event that this
Agreement is terminated by the City for cause, and upon the receipt of
a written demand by the City therefor, shall tender immediately to the
City an amount equal to the amount of the Total Annual TIF Payments
already provided to the Developer and not yet provided as Actual
Subsidy.
5.4 Termination by Developer for Cause. In the event that during the term of
this Agreement, the City fails to provide an Annual TIF Payment within thirty-five (35) business
days of receipt by the City of Tax Increment from Hennepin County, then the City shall be in
intentional default of this Agreement. The Developer shall provide written notice of such default,
and, if the City fails to cure within thirty(30) calendar days or such greater time as allowed by the
Developer, the Developer may either:
a. Commence an action in Hennepin County District Court for specific
performance to compel the City to provide to the Developer the Annual
TIF Payment, or
b. Terminate this Agreement for cause upon thirty (30) days' written
notice to the City. If this Agreement is terminated by the Developer for
cause due to City's intentional default, the Developer shall not be
obligated to repay the City any portion of the Total Annual TIF
Payments provided through the date of termination,provided,however,
that all Total Annual TIF Payments in the Developer's possession at the
time of the termination of the Agreement shall be applied by the
Developer to provide the Very Low Income Units, thus alleviating the
hardship which would be caused to tenants if the Project were
immediately converted to market-rate tents. The City and the Developer
shall agree on the application of said funds to provide the Very Low
Income Units, and the City shall have the right to examine the
Developer's records to ensure that the Total Annual TIF Payments are
being applied to provide the Very Low Income Units.
6. Affordable Inclusionary Housing Units.
6.1 Developer's Obligation. Upon the earlier of December 31, 2027, or the
termination of this Agreement, and so long as the Developer has not exercised its right to terminate
11
for cause pursuant to Section 5.4 hereof, the Developer shall thereafter at all times provide at a
minimum of six (6) units as Affordable Inclusionary Housing Units on the Property. The
Affordable Inclusionary Housing Units shall be comprised of four (4) 3-bedroom units and two
(2) 2-bedroom units.
6.2 Rents. No subsidy will be provided by the City for the Affordable
Inclusionary Housing Units. Rent for the Affordable Inclusionary Housing Units will not exceed
Maximum Rent Rates.
6.3 Compliance with Section 4. In addition to the obligations of this Section 6,
Developer shall comply with the requirements of Section 4 of this Agreement as applicable to the
Affordable Inclusionary Housing Units, whenever provided.
6.4 Default. If Developer fails at any time to provide the Affordable
Inclusionary Housing Units when required to do so pursuant to the terms of this Agreement, the
City will be entitled to recover, at its discretion: (1) monetary damages in the amount of 125% of
the present value of the difference between the Maximum Rent Rates and the market rent for the
units measured from the date of default through the date of compliance or the date the Project
ceases to exist on the Property whichever first occurs ; or(2) specific performance of Developers
obligations under this Section 6.
6.5 Survival. The Property shall at all times be subject to the requirements of
this Section 6. The requirements of this Section 6 will survive the termination of this Agreement
for any reason. The requirements of this Section 6 may be amended only by the written agreement
of both parties, which for the City shall require City Council approval.
7. Reimbursement. Contemporaneously with the execution of this Agreement,
Developer shall execute and deliver to the City the Second Amended TIF Note in the form
12
attached hereto as Exhibit C. Should the Developer cease to continue providing the Very Low
Income Units as provided in this Agreement, the Developer shall be required to repay to the City
the amount of the Total Annual TIF Payments previously received by the Developer and not yet
provided as Actual Subsidy, pursuant to the Second Amended TIF Note. Neither Developer nor
any member, partner, shareholder, employee, officer or agent of Developer shall have any
personal liability for the Developer's obligations under this Agreement, it being recognized by
the City that the obligations of Developer under the TIF Note are nonrecourse obligations. The
City agrees that the Developer's obligation to reimburse Total Annual TIF Payments shall be
subject,junior and subordinate in all respects to all mortgage financing for the Project provided
by a lender or lenders whose loans in the aggregate do not exceed the fair market value of the
Project (determined at the time such loan or loans are initially funded). The priorities provided
for in this section shall be applicable irrespective of the timing of order of filing or perfection of
this Agreement and such other mortgage or mortgages. The City agrees to execute such other and
further documents as may be reasonably requested by such lender or lenders to confirm and reflect
the subordination provided for herein.
8. Assignments.
8.1 This Agreement shall inure to the benefit of and constitute a binding
obligation upon the City, the Developer, and their respective successors and assigns. Any
assignee, successor,buyer, lessee, or transferee of the Developer or the City shall be subject to all
of the terms and conditions of this Agreement.
8.2 The Developer may sell,transfer, or assign its interest in the Project and this
Agreement to any buyer, transferee, or assignee that expressly assumes all of the Developer's
obligations under this Agreement.
13
9. Prohibition on Conversion to Occupant-Owned Condominiums. During the Term,
the Developer or any assignee, successor, or transferee of the Developer shall be prohibited from
converting the Project to condominium occupant-ownership, wherein single units constitute
condominiums, and condominiums are owned by occupants. The Developer and the Developer's
assigns, successors or transferees may convert the Project to condominium ownership wherein a
group of units constitutes a condominium, condominiums are not owned by occupants, and each
unit within the condominium is rented,rather than owned,by occupants. If the Project is converted
to non-occupant condominium ownership, the Property shall continue to provide Very Low
Income Units and Affordable Inclusionary Housing Units as required by this Agreement, and the
condominium owners shall be liable for compliance with the terms of this Agreement applicable
to their condominiums. Prior to or simultaneous with any conveyance of condominiums allowed
under this subsection,the buyer of such condominium shall agree to assume the obligations of this
Agreement and shall execute and deliver to the City a document acceptable to the City assuming
such obligations.
10. Financial Statements. Prior to each semiannual payment, the Developer will
provide the City an unaudited statement of income and expenses and an unaudited statement of
cash flow for the semiannual period to which the payment relates and that reflects the application
of the Annual TIF Payment to Actual Subsidy. Within sixty (60) days following the end of each
calendar year, the Developer will provide the City an audited set of financial statements of the
Development, including a statement of cash flow, setting forth the financial condition of the
Development and the results of operation of the Project for the calendar year and that reflects the
application of the Annual TIF Payment to Actual Subsidy.
14
11. Amendments. This Agreement constitutes the entire agreement of the City and
Developer, and no amendment or modification shall be valid and enforceable unless in writing,
executed and approved by both parties in the same manner as this Agreement.
12. Notices. Any notice required by this Agreement shall be sufficient if in writing and
delivered as follows:
To City: The City of Eden Prairie
c/o City Clerk
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344-2230
To Developer:LP EP Apartments, LLC
c/o Magellan Investment Partners,
225 N. Columbus, Suite 100, Chicago, IL 60606,
Attn: Asset Management,
with a copy to:
c/o Harbert Management Corporation
2100 Third Avenue North, Suite 600,
Birmingham, AL, 35203 Attn: General Counsel Telecopier
number: 205-987-5575
Email:
JMcCullough@Harbert.net<mailto:JMcCullough@Harbert.net>
13. Change of Notice. Any party may from time to time designate a change in the
contact person or contact information for notice to the other parties, by providing written notice
via hand delivery, registered mail, or other delivery providing proof of receipt.
15
IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated
Project Management Agreement as of the day and year first above written.
DEVELOPER:
LP EP APARTMENTS, LLC
By:
Marc Swerdlow
Its: Authorized Signatory
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, , by Marc Swerdlow the Authorized Signatory of LP EP
Apartments, LLC, a Delaware limited liability company, on behalf of the company.
Notary Public
16
CITY:
CITY OF EDEN PRAIRIE
By:
Ronald A. Case
Its: Mayor
By:
Rick Getschow
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, , by Ronald A. Case and Rick Getschow, the Mayor and
City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on
behalf of the corporation.
Notary Public
Drafted by:
Gregerson, Rosow,Johnson&Nilan,Ltd.
100 Washington Avenue South, Suite 1550
Minneapolis,MN 55401
17
EXHIBIT A
LEGAL DESCRIPTION OF THE PROJECT PROPERTY
Lot 1, Block 1, Lincoln Parc Apartments, Hennepin County, Minnesota
EXHIBIT B
FORM OF RENT ROLL
Cascade at Town Center Annual Rent Compliance
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Total , 1 1
EXHIBIT C
SECOND AMENDED TIF NOTE
Date:
FOR VALUE RECEIVED, the undersigned (herein called the "Borrower") promises to tender to
the City of Eden Prairie, a public body corporate and politic under the laws of the State of
Minnesota (herein called the "Lender"), or its assigns, under the terms of the Amended and
Restated Project Management Agreement dated between Lender and
Borrower (the "Project Management Agreement") the "Total Annual TIF Payments," as defined
in the Project Management Agreement subsection 1.9, which have been previously paid to the
Borrower by the Lender(the"TIF Repayment"). The Total Annual TIF Payments will not exceed
a maximum of$8,343,643. The Lender is providing the Tax Increment Funds to the Borrower to
enable the Borrower to improve certain real property located within the City of Eden Prairie,
Minnesota, described as: Lot 1, Block 1, Lincoln Parc Apartments, Hennepin County, Minnesota
(the "Project").
The Project Management Agreement refers to the rights of the Lender as to the acceleration of the
indebtedness evidenced by this Note. The Project Management Agreement also refers to events,
the occurrence of which will result in the Borrower's no longer having an obligation to pay the
TIF Repayment or to pay a lesser amount. The debt evidenced by this Note may be prepaid in
whole or in part at any time prior to the final maturity date of this Note.
Demand,protest, and notice of demand and protest are hereby waived, and the undersigned hereby
waives, to the extent authorized by law, any and all homestead and other exemption rights which
otherwise would apply to the debt evidenced by this Note. The Borrower promises to pay all costs
of collection,including but not limited to reasonable attorneys' fees,paid or incurred by the Lender
on account of such collection. This Note shall be governed and construed in accordance with the
laws of the State of Minnesota.
IN WITNESS WHEREOF,this Note has been duly executed by the undersigned as of the day and
year first written above.
BORROWER:
LP EP APARTMENTS, LLC, a
Delaware limited liability company
By:
Marc Swerdlow
Its: Authorized Signatory
21
CONSENT AND SUBORDINATION
PGIM Real Estate U.S. Debt Fund Lincoln Series Lender, a designated series of limited
liability company interests in PGIM Real Estate U.S. Debt Fund Seller, LLC, a Delaware limited
liability company (assignee of PGIM Real Estate U.S. Debt Fund REIT, LLC, a Delaware limited
liability company), the owner and holder of that certain Mortgage, Assignment of Leases and
Rents and Security Agreement dated the 20th day of December, 2017, recorded in the office of
the Registrar of Titles in and for the County of Hennepin, State of Minnesota, on the 21st day
of December, 2017 as Document No. T5499878, and encumbering the Property described on
Exhibit A hereto (the "Mortgage"), for valuable consideration, does hereby consent to, and does
hereby subordinate the lien of the Mortgage to, that certain Amended and Restated Project
Management Agreement, to which this Consent and Subordination is attached, dated as of
March 5, 2019 between the City of Eden Prairie and LP EP Apartments, LLC, a Minnesota
limited liability company.
PGIM Real Estate U.S. Debt Fund Lincoln Series
Lender, a designated series of limited liability
company interests in PGIM Real Estate U.S. Debt
Fund Seller, LLC, a Delaware limited liability
company
/
�y
By:
Kathryn Thurston
Title: _ kuthori7ecl%ig, to y
STATE OF NEW YORK )
SS:
COUNTY OF NEW YORK
The foregoin ,instr ment was acknowledged before me this 2-7day of F,- -Covt , 2019, by
NV-4 741s z� 51�r ' f PGIM Real Estate U.S. Debt Fund ncoln Series
Lender, designated series of limited'1iabili�i company interests in PGIM Real Estate U.S. Debt
Fund Seller, LLC, a Delaware limited liability company. Said individual is personally known to me
or produced ---- (type of identification) as identification and did not take an
oath.
I LORRAINE C COBBS
I Notary Public-State of New York
NO.01C06377357
Qualified in New York County
My Commission Expires Jul 2, 2022 M NO ARY PUBLIC
55193199v.2
FIRST AMENDMENT TO POST-CLOSING ESCROW AGREEMENT
THIS FIRST AMENDMENT TO POST-CLOSING ESCROW AGREEMENT(this"First
Amendment") is made and entered into effective as of the day of February 2019, by and
among LP EP APARTMENTS, LLC, a Delaware limited liability company ("Purchaser"),
LINCOLN PARC APARTMENTS,LLC,a Minnesota limited liability company, ("Seller")and
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ("Escrow Agent").
RECITALS:
A. Seller and Magellan Investment Partners LLC, a Delaware limited liability
company ("MIP") entered into an Agreement of Purchase and Sale dated August 7, 2017 (as
amended, the "Purchase Agreement");
B. MIP and Purchaser entered into an Assignment and Assumption of Agreement of
Purchase and Sale dated October 26, 2017, whereby MIP assigned its interest in the Purchase
Agreement to Purchaser;
C. Purchaser, Seller and Escrow Agent (collectively, "the Parties") entered into that
certain Post-Closing Escrow Agreement dated as of December 20, 2017, ("the Escrow
Agreement") governing the deposit and disbursement of a certain Termination Payment provided
for in the Purchase Agreement;
D. Purchaser, Seller and Escrow Agent wish to amend and clarify the Escrow
Agreement as forth herein.
NOW THEREFORE,in consideration of the mutual covenants contained herein, and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the
Parties agree to amend the Escrow Agreement as follows:
AGREEMENT:
1. Recitals. The above Recitals are hereby incorporated as a material part of this First
Amendment with the same force and effect as if restated in full in this Paragraph.
2. Capitalized Terms. Except as otherwise set forth in this First Amendment, terms
capitalized in this First Amendment, but not otherwise defined, have the meanings ascribed to
them in the Escrow Agreement.
3. Disbursement of Escrow Deposit. The Escrow Agreement is hereby amended by
adding the following paragraph to be an independent paragraph at the end of Section 3:
"In addition to the occurrence of any Disbursement Event, Purchaser and Seller
may jointly deliver a written notice signed by both parties to Escrow Agent
requesting disbursement of the Escrow Deposit, in which case Escrow Agent shall
disburse the Escrow Deposit pursuant to the instructions of Purchaser and Seller,
provided Escrow Agent receives Lender's written consent to the disbursement."
4. Miscellaneous. The Escrow Agreement, except as modified herein, is hereby
confirmed to be in full force and effect. The individuals executing this First Amendment hereby
represent and warrant that they are empowered and duly authorized to so execute this First
Amendment on behalf of the parties they represent. This First Amendment shall be binding upon and
inure to the benefit of each of the Parties hereto and their respective successors and assigns. This
First Amendment may be executed in any number of counterparts, each of which when executed
shall be deemed an original with all such counterparts taken together shall constitute one and the
same instrument. Facsimile or email (PDF format) signatures shall be deemed and treated as
originals. The Escrow Agreement, as amended by this First Amendment, constitutes the entire
agreement between the Parties with respect to the Real Property.
[Signatures Contained on Following Page]
2
[Signature Page to First Amendment to Escrow Agreement]
IN WITNESS WHEREOF, The Parties hereto have executed this First Amendment as of
the date first stated above.
PURCHASER: SELLER:
LP EP APARTMENTS,LLC LINCOLN PARC APARTMENTS, LLC
By: By:
Its: Its:
ESCROW AGENT:
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
By:
Its:
[Consents Contained on Following Page]
3
[Consents to First Amendment to Escrow Agreement]
CONSENT TO FIRST AMENDMENT
The City of Eden Prairie hereby consents to this First Amendment to the Escrow
Agreement.
CITY OF EDEN PRAIRIE
By:
Ronald A. Case
Its Mayor
By:
Rick Getschow
Its City Manager
CONSENT TO FIRST AMENDMENT
PGIM Real Estate U.S. Debt Fund REIT, LLC, a Delaware limited liability company,
hereby consents to this First Amendment to the Escrow Agreement.
PGIM REAL ESTATE U.S. DEBT FUND REIT,LLC
By:
Name:
Its:
4
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development 2019 CDBG Funding Recommendations IX.A.
Janet Jeremiah, Director;
Jonathan Stanley, Housing and
Community Services Manager
Requested Action
Move to: Adopt Resolution approving the use of 2019 CDBG funds as recommended by the Eden
Prairie Human Services Review Committee.
Synopsis
The 2019 CDBG allocation has not yet been announced by the office of Housing and Urban
Development (HUD). However, the Human Services Review Committee used the conservative
estimate of$220,000 in grant funding plus$100,000 in program income funds to make the funding
recommendations as listed below. Once the actual amount is received,the Housing Rehabilitation
Program will be increased or decreased accordingly. The regulations stipulate that public service
funding may not exceed 15 percent of the City's total allocation($220,000),plus 15 percent of the
previous year's program income ($149,000). The Human Services Review Committee reviewed
the 2019 CDBG proposals and recommended the following activities be funded.
Public Service Activities Funding County
Level Priority
PROP (Housing Support Services) $24,000 High
HOME (Household& Outside Maintenance for $12,000 High
the Elderly)
PROP (Emergency Vehicle Repair) _ $15,000 High
PROP (Child Care) $4,000 High
Subtotal $55,000
Housing Activities Funding County
Level Priority
Housing Rehabilitation Deferred Loan Program $125,000 High
Affordable Housing—WHAHLT $60,000 High
First Time Homebuyer Program $30,000 High
Fair Housing Initiative $2,000 High
Program Administration $48,000 High
Grand Total $320,000
Background Information
2019 Allocation Process
The discussion of how to distribute the 2019 CDBG funds through the Human Services Review
Committee included a complete review of all "Request for Funding" applications and the
distribution percentage of funds in 2018. The Committee's goals were to have the best and highest
use of these funds for human services that demonstrated the most direct benefit to the community.
Attachments
2019 CDBG Summary of Proposals
2019 Resolution
2019 Action Plan
2019 CDBG Public Service Application Summary
2019
Type of 2019 2018 HSRC Clients Projected
Funds Activity Agency Request Funding Recomme Description Served Clients
ndation 2018* 2019
Emergency Emergency financial assistance for 12
a e
Public Service Housing PROP $24,000 $28,000 $24,000 rent/mortgagepayments to prevent Households 15
Assistance homelessness. $12,000 Households
Household Senior Provide maintenance and chore
Chore& Comm. service to residents 60 and older 13 38
Public Service Main. Services $12,000 $12,000 $12,000 Households Households
$5,000
for seniors (HOME)
Car repair for low-income Eden
Prairie families. PROP will 13
Public Service Vehicle PROP $15,000 $15,000 $15,000 administer the program that pays 75% Residents 15
Repair Residents
of repair costs up to$1000 per $9,000
low/mod income resident.
Provide short term child care
Public Service Childcare PROP $8,000 $0 $4,000 assistance for residents starting a new N/A 3
Subsidy job or training program. Youth
Eden Provide childcare subsidy to support
Childcare low-income families with child care ?
Public Service SubsidyPrairie $48,000 $0 $0 N/A
Schools** costs for before and after school care. Youth
TOTAL $107,000 $55,000 $55,000
*Clients served 7/1/2018 through 12/31/2018
**The current school year is the first year the school district has had sole responsibility for before and after school child care. Currently,the school district does not have
a child care subsidy program in place. In their application for funding,they stated that without the full$48,000 they would not be able to implement the assistance
program. Since the amount of CDBG funds that may be used for public service is limited,the programs that receive these funds use them to leverage other funding
sources for their programs.As there would be no way to fully fund the child care program without making severe cuts to the other programs,the committee recommends
not funding the child care program this year. City staff has begun working with Community Ed to find a way to make this a program the city can fund in the future.
Public Service funds available for 2019=$55,000
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION APPROVING USE OF FUNDS FOR 2019
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the
Community Development Block Grant Program; and
WHEREAS,the City of Eden Prairie has developed a proposal for the use of CDBG funds, and
held a public hearing on March 5, 2019, to obtain the views of citizens on the proposed use of
$220,000 in grant funding plus $100,000 in program income funds for the 2019 Community
Development Block Grant Program.
BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following
activities for funding from the Block Grant program, and authorizes and directs the Mayor and the
City Manager to execute Sub recipient and Third Party Agreements on behalf of the City.
Public Service Activities Funding
Level
PROP (Housing Support Services) $24,000
HOME (Household & Outside Maintenance for $12,000
the Elderly)
PROP (Emergency Vehicle Repair) $15,000
PROP (Child Care) $4,000
Subtotal $55,000
Housing Activities Funding
Level
Housing Rehabilitation Deferred Loan Program $125,000
Affordable Housing- WHAHLT $60,000
First Time Homebuyer Program $30,000
Fair Housing Initiative $2,000
Program Administration $48,000
Grand Total $320,000
BE IT FURTHER RESOLVED that the City Manager is authorized to execute on behalf of the
City, the Application for Federal Assistance, Form SF424 submitted with the Action Plan, the
HUD Funding/Approval form and all Certifications and other documents required in connection
therewith.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of March, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
2019 COMMUNITY DEVELOPMENT BLOCK GRANT
ACTION PLAN
JULY 1, 2019 - JUNE 30, 2020
Annual Action Plan 1
2019
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Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community
in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban
Development (HUD). The City remains a part of the Hennepin County Consortium for purposes of the
Five Year Consolidated Plan and HOME funding.
When the city held its public hearing on March 5, 2019, it had not received its 2019 allocation amount
from HUD. The city estimated the amount it will receive to be$220,000,with the stipulation that the
Housing Rehabilitation Loan program will be increased or decreased accordingly once the actual
allocation amount is received.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
The City of Eden Prairie will carry out activities that will provide for the preservation of the City's housing
stock, provide affordable housing options, provide essential services to seniors,families and individuals
and support Fair Housing activities.
The city's CDBG allocation will be used for housing rehabilitation, energy improvements, accessibility
improvements and emergency repairs for the purpose of maintaining decent affordable housing. The
city plans to rehab five low/mod income, owner occupied homes and assist two seniors with emergency
grants.
If excess program income funds are available, the city plans to use these funds to provide rehab grants
to non profits who serve low mod income Eden Prairie residents to make needed repairs to their
facilities.
The City's CDBG allocation will be used for affordable housing to help provide decent housing, while
maintaining affordability and sustainability. CDBG program income funds will be used for a first time
home buyer program to assist two low/moderate income households purchase their first home. CDBG
funds will be used by the West Hennepin Affordable Housing Land Trust to help acquire one single
family home,which will then be sold to a low/mod income first time homebuyer.
Annual Action Plan 2
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The city supports public service programs that provide assistance to low/moderate income seniors,
families and individuals.These funds help provide access to suitable living environments, maintain
affordability, availability and accessibility to housing activities. It is anticipated that seventy one
low/mod income Eden Prairie residents will be assisted through PROP and Senior Community Services.
The City will utilize CDBG funds to support fair housing activities through the Fair Housing
Implementation Council.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or
projects.
Due to the limited amount of CDBG funds received,the city carefully considers each project to make
sure that it will meet as many housing and community development needs as possible. There is
particular focus on this with the public service agencies, requiring them to report of past performance
and anticipated future performance when applying for funds.The majority of organizations receiving
CDBG funding from the City of Eden Prairie meet 100 percent of their expected performance goals.
These organizations continuously experience high demand for their services and give the city insight into
community needs.
The city evaluates the organizations receiving CDBG funds through quarterly reports and biennial
monitoring visits. By requiring these organizations to submit quarterly reports, the city is able to closely
monitor them for timeliness and to make sure they are serving the clientel specified in their funding
request. If a grantee is falling behind in their spending or accomplishments,the city works closely with
them to come up with solutions. The city feels as though communication is an important tool to make
sure the funded programs are successful.
The city maintains spreadsheets that track the past performance of funded organizations and uses these
spreadsheets when determining funding. The city is able to look back several years to see trends and to
determine if a program is not serving its purpose.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
The City of Eden Prairie is part of the Hennepin County Consortium, and therefore the
City's Consolidated Plan is part of the Hennepin County Consortium Consolidated Plan. The City follows
Hennepin County's Citizen Participation Plan, which calls for the Hennepin County Consortium Action
Plan to be available for public comment 30 days prior to a public hearing before the Hennepin County
Board. The Eden Prairie City Council holds their own public hearing and allows the public to comment
on the proposed activities. Notice of the public hearing was published in the Eden Prairie News thirty
Annual Action Plan 3
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days prior to the council meeting. The City's Human Services Review Committee responds to questions
and inquiries about the plan, and makes recommendations to the City Council based on feedback. The
Human Services Review Committee used the conservative estimate of$220,000 in funding to make the
funding recommendations to the city council because at the time of the hearing,the city did not have its
allocation amount. Once the actual amount is received,the Housing Rehabilitation Program will be
increased or decreased accordingly. For the 2019 program year,the public notice was published on
Jnauary 31, 2019 and the council meeting was held on March 5, 2019. At the public hearing two
grantees talked about the positive difference CDBG funds have made in their programs and how so
much funding has been cut that they rely more heavily on the city's CDBG funds. No citizens
participated in the public hearing and no comments were received prior to the meeting.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
The city does not typically receive public comments on their action plan. Therefore, throughout the
year,the city works hard to engage residents in the planning process. The city relies heavily on residents
to point out needs they see in the community.
As part of the city's Comprehensive Plan Update process,the City assembled a number of focus groups
to address housing, specifically to determine how to meet housing needs going into the future.The
information gathered will assist in planning for future housing needs, including the acquisition and
preservation of affordable housing. The city participated in a Community Housing Forum that allowed
community members to voice their concerns regarding the need for affordable housing, the
preservation of affordable housing and tenant's rights.
The city holds quarterly meetings with PROP,the city's emergency services provider, to discuss
resident's needs/barriers, affordable housing,tenant/landlord issues and homeless prevention. These
meetings are very important to the city as a means to understand what the need is in the community
and what can be done to address the needs. The city learned that barriers include child care, affordable
housing and transportation.The city plans to fund programs that address these barriers in 2019.
The city used social media this year to reach out to first time homebuyers and current homeowners to
advertise our First Time Homebuyer and Housing Rehab programs. By using Facebook, email and the
city's webpage we were able to educate the public on the programs we offer. There was an uptick in
the number of residents served during 2018 due to marketing these programs on social media.
6. Summary of comments or views not accepted and the reasons for not accepting them
No comments have been received or rejected by the city of Eden Prairie.
Annual Action Plan 4
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7. Summary
In summary,the City continues to serve as many low/moderate income households as possible. The city
believes that its citizen participation plan as well as input from public service providers enables it
to administer CDBG funds efficiently and to meet the needs of it's residents.
The activities to be undertaken during the 2019 fiscal year address the priority needs and local
objectives as set forth in the Consolidated Plan. The activities that are part of the 2019 Action Plan are
to be completed within 12 months from the time funds are allocated to the City of Eden Prairie.
Annual Action Plan 5
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PR-05 Lead & Responsible Agencies - 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and
those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator EDEN PRAIRIE Community Development
Table 1—Responsible Agencies
Narrative
The city of Eden Prairie administers the city's CDBG program, but is a part of the Hennepin County
consortium for purposes of the HOME program. The county is the lead of the consortium per the joint
cooperation agreement.
Consolidated Plan Public Contact Information
Jeanne Karschnia
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie, MN 55344
952-949-8486
jkarschnia@edenprairie.org
Annual Action Plan 6
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AP-10 Consultation - 91.100, 91.200(b), 91.215(1)
1. Introduction
The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and
Community Services, Community Development and Planning, Engineering, Fire and Inspections. This
committee meets as needed to review proposals for new development and projects. This group works
directly with developers, non-profit agencies and other governmental agencies and transit authorities to
ensure that all perspectives are considered throughout the review process.
The city consults and works closely with the Fair Housing Implementation Council to identify and
address fair housing needs throughout the metro area.
Provide a concise summary of the jurisdiction's activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(1)).
Although the Southwest Rail Light Rail Transit (SWLRT) project has experienced delays,funding is now in
place and development is expected to heat up.The City's investment in the Elevate project, a 222-unit
apartment complex, is well underway and will bring 20%affordable units upon completion. Station Area
planning for all four proposed Eden Prairie Stations is also ongoing, and the City expects to start seeing
increased interest from the development community.The City is also active in working with peer cities
along the line, exploring tools for creating or maintaining affordability such as inclusionary housing
policies and preserving naturally-occurring affordable housing (NOAH), and continues to refine its own
practices surrounding its use of tools such as tax increment financing (TIF) and housing revenue bonds.
This year,the City completed its Comprehensive Plan update--Aspire 2040, which articulates the City's
vision for housing, examines needs within the Met Council specified income bands of 30%and below of
AMI, 31-50%of AMI, and 51-80%of AMI, and describes the financial and technical tools it can use to
help achieve its vision and reach its goals. Importantly,Aspire incorporates significant feedback from the
community and includes in-depth focus on the special needs of seniors.
Every year,the City of Eden Prairie provides grant funding, through CDBG and the General Fund, to
human services agencies to provide services to seniors, individuals, children and families. Coordination
of the grants takes place within of the City's Office of Housing and Community Services (OHCS). Many of
these services are provided on-site to residents living in the three Section 8 project-based housing
developments in Eden Prairie. OHCS staff coordinate outreach strategies with the local emergency
services provider, PROP, to property managers to make sure property managers know about the
programs and services that are available to the tenants living in their buildings.
OHCS staff partner with physicians and nurses from a local pediatric office to hold an annual meeting for
immigrant parents to hear about family health care, including immunizations, children's mental health,
Annual Action Plan 7
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drug use and other medical topics. Staff also works with the National Alliance on Mental Illness (NAMI)
to provide workshops focused on specific populations to address mental health issues common in that
age cohort. These populations include high school youth, seniors and the general community members.
Eden Prairie is collaborating with a local non-profit to provide housing to youth who are homeless,
precariously housed, or at risk of homelessness, in the "transitional" age group of 18—24 years of
age. The program, called Onward Eden Prairie, offers supportive housing with supervision and case
management to help young people get the education and job skills to lift them out of poverty.
Eden Prairie' OHCS collaborated with the Senior Center, Edendale Residence and PROP to reduce
transportation barriers for seniors living in Edendale, a section eight, senior living facility.The senior
center is providing transportation between Edendale and PROP so seniors can access the food shelf and
resources that PROP offers.
OHCS staff provide an annual training for all metro area service providers called "Navigating the
Waters". This training focuses on ways for service providers to access services for their clients. It
teaches them how to navigate the state and county programs available to help those in need find
affordable housing, mental health care, food, and financial assistance.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families,families with
children,veterans, and unaccompanied youth) and persons at risk of homelessness.
Members of the Minneapolis/Hennepin Co Continuum of Care (CoC) &the Office to End Homelessness
(OEH) help coordinate funding by participating on funding review committees and working to ensure
consistent goals &data from all providers.The CoC's funding committee actively evaluates existing and
proposed projects for service to the chronically homeless and reallocates funds to meet emerging
needs. All CoC funded permanent supportive housing projects now prioritize chronically homeless
persons and families.
The Coordinated Assessment/Entry system identifies people most in need of permanent supportive
housing and those who can benefit from rapid rehousing. Length of stay in shelter is currently tracked
and efforts are focused on those in shelter the longest to prioritize them for permanent housing
opportunities.The Office to End Homelessness has hired three Housing Referral Coordinators to match
those in shelter to available openings in housing. Our community has very few homeless families that
meet the HUD definition of chronically homeless, due to our"shelter all" policy, our focus on rapidly
rehousing families in shelter, and our provision of progressive engagement to repeat shelter users. For
example,the Office to End Homelessness completed a Young Parent Pilot where single parenting youth
who frequently cycled back to shelter were matched with more intensive support, especially around
employment. The success of this project contributed to a decline in the number of families in
emergency shelter. With Coordinated Entry for singles,the highest priority is on chronically homeless
Annual Action Plan 8
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single adults to find the appropriate housing that meets their needs.The community developed an
"Adult Shelter Connect" for single adults entering shelter, using the VI-SPDAT to assess for housing
needs.
Domestic violence agencies are part of the CoC's Family Services Network planning process as well. In
Minnesota, all openings in domestic violence shelters are coordinated in the Day One system. As our
Coordinated Entry is implemented, domestic violence services and shelters will be encouraged to
participate and features of the Day One system will be mimicked acknowledging the unique needs of
families facing domestic violence and protecting their privacy.
CoC Youth strategies: Prevention & RRH services by a network of providers,Youth Mental Health
Outreach,Youth In-reach Worker for age 24&younger in adult shelters, drop-in centers, StreetWorks
Collaborative street outreach, housing opportunities &services for youth 17 &younger and 18-24, self-
support assistance and training, annual Youth Connect events,Youth Opportunity Center, and Youth
Service Coordination meetings. Minnesota recently enacted legislation that youth under age 18 who are
sexually exploited are victims, not perpetrators, of a crime.The MN legislature also enacted funding for
emergency shelters for sexually exploited youth.
Veterans: OUTREACH: Hennepin County hosts an annual "Stand Down"for homeless veterans by
Minnesota Assistance Council for Veterans(MACV), in collaboration with Minneapolis VA Mental Health
Homeless Programs&VISN Coordinator. Outreach is provided at the Adult Opportunity Center, shelters
& Drop-in Centers,through the VA MH Homeless Mobile Outreach program, and Minneapolis VA's
Community Resource& Referral Center in downtown Minneapolis. Minnesota has formed a homeless
veteran registry to better identify and assist homeless veterans. SUPPORTIVE HOUSING: in collaboration
with others,the CoC will solicit&support proposals for new housing opportunities for veterans using
federal, state & local resources.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
Eden Prairie does not receive ESG funds.
2. Agencies, groups, organizations and others who participated in the process and
consultations
Annual Action Plan 9
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Table 2—Agencies,groups,organizations who participated
1 Agency/Group EDEN PRAIRIE
/Organization
Agency/Group Other government- Local
/Organization
Type
What section Housing Need Assessment
of the Plan Non-Homeless Special Needs
was addressed Market Analysis
by Economic Development
Consultation?
Briefly Human Services Review Committee: This committee is comprised of City staff from a variety of departments, including
describe how Housing and Community Services, Zoning Enforcement, Police,Administration and Parks and Recreation. This group
the meets as necessary to work on issues related to housing and community services. Each year,this committee reviews
Agency/Group requests for funding from service providers and makes funding recommendations to the City Council. There are two
/Organization sources of funding for community services,the City's general fund and CDBG.The recommendations are based on review
was consulted. of written proposals, site visits and other methods to determine the quality of the service and the overall value to the
What are the community.The Office of Housing and Community Services meets to determine recommendations for how CDBG funds
anticipated will be used for housing programs. The recommendations are based on funds available and needs in the community.
outcomes of The city Housing Rehab Program and First Time Homebuyer Program are popular programs that are funded with CDBG
the funds.
consultation or
areas for
improved
coordination?
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2 Agency/Group SENIOR COMMUNITY SERVICES
/Organization
Agency/Group Services-Elderly Persons
/Organization
Type
What section Non-Homeless Special Needs
of the Plan
was addressed
by
Consultation?
Briefly The city holds an annual non-profit funding review with the Human Services Review Committee.To determine needs for
describe how low/mod income seniors living in Eden Prairie,the city consults with Senior Community Services. Senior Community
the Services is able to tell city employees what trends they are seeing in the senior community and what the greatest need is.
Agency/Group Currently, as the population ages, many seniors are trying to stay in their homes longer. By providing chore services
/Organization through the HOME program,they are able to help seniors avoid moving out of their homes. Senior Community Services
was consulted. has noticed a trend that the number of residents they are able to serve with CDBG funds has gone down because each
What are the senior requires more services and there is not enough funds remaining to meet the needs of additional seniors.They do
anticipated use our funds to leverage other funding to assist these people. As the population in Eden Prairie ages, this is an area we
outcomes of would like to find more funding.
the
consultation or
areas for
improved
coordination?
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3 Agency/Group People Reaching out to Other People
/Organization
Agency/Group Services- Housing
/Organization Services-Children
Type Services-homeless
Transportation
What section Housing Need Assessment
of the Plan Homeless Needs- Families with children
was addressed Non-Homeless Special Needs
by Market Analysis
Consultation? Economic Development
Briefly The city holds an annual non-profit funding review with the Human Services Review Committee.To determine need and
describe how anticipated resources for low/mod income families living in Eden Prairie. The city consulted PROP to help with planning
the the best way to use CDBG funds to prevent homelessness. The city relies on PROP to forward their data to the city so
Agency/Group that we are able to prevent homelessness before it becomes a problem. PROP helps the city understand that funding
/Organization from the city is a high priority in the fight against homelessness. PROP assists Eden Prairie residents who are in danger of
was consulted. becoming homeless and need housing assistance. After consulting with PROP regarding car repair needs in the
What are the community, it was determined that there is a large need for car repair assistance in Eden Prairie so low/mod income
anticipated residents have dependable transportation to work and school. Because of the need for this program, PROP'S CDBG
outcomes of funding is not enough to cover the costs of the program for the entire year. They have set aside money in their budget
the to use once the CDBG funds have been expended. In 2019, PROP will be implementing a Child Care program that
consultation or provides short term assistance to residents who are beginning a new job or training program.
areas for
improved
coordination?
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4 Agency/Group WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST
/Organization
Agency/Group Housing
/Organization
Type
What section Housing Need Assessment
of the Plan
was addressed
by
Consultation?
Briefly The city consulted with WHAHLT to determine the need for affordable housing and the availability of housing in the city.
describe how WHAHLT struggles with finding available properties within Eden Prairie that are affordable. Finding affordable housing in
the Eden Prairie is a high priority for the city and working with WHAHLT is a way to attain this goal.
Agency/Group
/Organization
was consulted.
What are the
anticipated
outcomes of
the
consultation or
areas for
improved
coordination?
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5 Agency/Group Southdale YMCA
/Organization
Agency/Group Services-Children
/Organization
Type
What section Non-Homeless Special Needs
of the Plan
was addressed
by
Consultation?
Briefly The YMCA no longer provides child care in the city of Eden Prairie. The school district applied for child care funding in
describe how 2019, but the committee made the decision not to fund them based on their application.
the
Agency/Group
/Organization
was consulted.
What are the
anticipated
outcomes of
the
consultation or
areas for
improved
coordination?
Identify any Agency Types not consulted and provide rationale for not consulting
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All agencies listed above,with the exception of Southdale YMCA,were consulted. Since the Southdale YMCA is no longer providing childcare
services in Eden Prairie,they were not consulted.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care
The city's Comprehensive Guide Plan lays out development of the city for the next 30
City of Eden Prairie
City of Eden Prairie years. It also identifies affordable housing efforts within the city,which may be
Comprehensive Guide Plan
impacted by the city's CDBG efforts.
The Corridor Housing Strategy studied the city's housing and economic development
Corridor Housing Strategy Hennepin County
opportunities along the corridor.
Table 3-Other local/regional/federal planning efforts
Narrative
The City of Eden Prairie coordinates with Hennepin County, and the other entitlement communities that comprise the consortium, in setting the
priorities of need,the citizen participation and the fair housing strategic plan for the five year span.
Unfortunately,the amount of CDBG funds that may be used for public service are limited and the need is great. Not all organizations that
applied for funding during the funding process received their full request. More residents would be served if more funding was available.
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AP-12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
The Consortium supports and encourages the participation of citizens, community groups, and other interested agencies in both the
development and the evaluation of the Plan's programs and activities. The citizen participation process is designed to encourage all residents,
including non-English-speaking and minority populations. Extremely low and low-income persons are especially encouraged to participate in the
process, particularly those individuals living in blighted areas and in public housing or other assisted housing. Attempts are made to include
residents of areas where CDBG-funded projects currently exist or are proposed, such as assisted housing developments and targeted
revitalization areas.
The Consortium worked with area community-based organizations, obtaining input from target populations through
surveys, and meetings. Goals were set to best serve community and population needs.
The City of Eden Prairie's citizen participation process includes an RFP process that allows non-profit agencies to apply for public service grant
funding. Through this process,the City engages with social service providers,the faith community and school district staff to learn about the
needs in the community and how to best allocate pubic service funds in the most effective manner. Applicants,for the most part, live or work in
Eden Prairie and by participating in the RFP process,they broaden their individual and organizational knowledge of how the city manages CDBG
funds. The City's Human Rights& Diversity Commission receives a presentation when the RFP process is underway and Commissioners are
encouraged to help spread the word about the potential funding source to non-profit service providers that may know.
As part of the City's Comprehensive Guide Plan Update,the City held a series of focus groups for residents to discuss housing, parks, equity,
traffic, etc. The City met with civic organizations, faith community groups and business groups to get their perspectives on the same topics. The
information gathered was used to inform the Comp Plan Update, specifically related to affordable housing and land use. The city created an on-
line survey aimed at the reaching the millennial age group to gather feedback on these topics. We learned that when it comes to housing,
seniors and millennials basically want the same thing; low maintenance, energy efficient housing in walkable neighborhoods.This is a change
from the large family homes with three-stall garages and large yards that have been the standard in suburban communities. The citizen
participation impacted goal setting by helping to focus land use planning for the housing needs the City will face in the coming years.
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The citizen participation process impacted goal setting by giving Eden Prairie a clear understanding of where the funds would be best allocated
to meet the greatest needs in our community. The city plans to continue these focus groups and community meetings in the future in order to
get a true sense of the residents needs and wants. Affordable housing continues to be an important topic for all ages and the city will continue
to explore new avenues to provide affordable housing in Eden Prairie. Eden Prairie is striving to be a community where its residents can "Live,
Work, Dream".
Citizen Participation Outreach
Sort Order Mode of Target of Summary Summary of Summary of comments URL(If applicable)
Outreach Outreach of Comments not accepted
response/ received and reasons
attendance
The
comments
were made by
the public
service
Attendance providers and
Non- by two were related
Public
1 targeted/broad public to providing N/A
Hearing
community service information
providers about the
organization
and thanking
the city
council for
their support.
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Sort Order Mode of Target of Summary Summary of Summary of comments URL(If applicable)
Outreach Outreach of Comments not accepted
response/ received and reasons
attendance
https://www.edenprairie.org/city-
Non-
Internet No comments government/departments/community-
2 targeted/broad N/A N/A
Outreach received development/housing-and-
community
community-services
Non-
Newspaper No comments
3 N/A
Ad targeted/broad N/A received
community
Table 4—Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
During the 2019 program year,the city will receive $220,000 in grant funds and approximately$30,000 in program income. The city will use
these funds along with $70,000 in prior year funds to fund approved projects.
Anticipated Resources
Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description
of Funds Annual Program Prior Year Total: Amount
Allocation: Income: Resources: $ Available
$ $ $ Remainder
of Con Plan
$
CDBG public- Acquisition During the 2019 program year,the city
federal Admin and will receive$220,000 in grant funds and
Planning approximately$30,000 in program
Economic income. The city will use these funds
Development along with $70,000 in prior year funds to
Housing fund approved projects.
Public
Improvements
Public Services 220,000 30,000 70,000 320,000 400,000
Table 5-Expected Resources—Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
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When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own
funds with the CDBG funds.
Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of
purchased properties.
All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of
their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require
a commitment.
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs
identified in the plan
N/A
Discussion
The city anticipates receiving it's annual allocation along with $30,000 in program income. The city has prior year entitlement funds and
program income available that it will use to fund projects during 2019.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator
Order Year Year Area
1 Homeowner 2015 2019 Affordable Housing Citywide Preserve/Create CDBG: Homeowner Housing
Rehabilitation Single Family $125,000 Rehabilitated: 7 Household
Homeownership Housing Unit
2 Direct 2015 2019 Affordable Housing Citywide Preserve/Create CDBG: Homeowner Housing Added: 1
Homebuyer Single Family $90,000 Household Housing Unit
Assistance Homeownership Direct Financial Assistance to
Homebuyers: 2 Households
Assisted
3 Senior Services 2015 2019 Non-Housing Citywide Education, Outreach CDBG: Public service activities other
Community and Services $12,000 than Low/Moderate Income
Development Housing Benefit: 38 Persons
Assisted
4 Emergency 2015 2019 Affordable Housing Citywide Education, Outreach CDBG: Public service activities other
Services Non-Housing and Services $43,000 than Low/Moderate Income
Community Housing Benefit: 18 Persons
Development Assisted
Public service activities for
Low/Moderate Income Housing
Benefit: 15 Households Assisted
5 Fair Housing 2015 2019 Fair Housing Citywide Fair Housing CDBG: Other: 1 Other
$2,000
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Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator
Order Year Year Area
6 Administration 2015 2019 Administration Citywide Administration CDBG: Other: 1 Other
$48,000
7 Rehab Grants 2015 2019 Non-Homeless Citywide Rehab Grants Facade treatment/business
Special Needs building rehabilitation: 1
Business
Table 6—Goals Summary
Goal Descriptions
1 Goal Name Homeowner Rehabilitation
Goal The City of Eden Prairie expects to rehabilitate five owner-occupied homes through the Housing Rehabilitation Loan
Description Program.The program is funded using CDBG formula funds and program income.The program provides up to$30,000 for
eligible repairs through an interest free, deferred loan,with a phased repayment.The loan is forgiven after 20
years. Applications are accepted year round on a "first come, first served" basis. Applicants qualify based on their
household income and the amount of equity in their home. An emergency rehab grant program will also be available for
seniors to receive grants up to $5,000 to make emergency repairs to their homes. It is expected that two emergency
grants will be made.
2 Goal Name Direct Homebuyer Assistance
Goal The city assists first time homebuyers through a downpayment assistance program and through the WHAHLT
Description program. The city expects to provide two First Time Homebuyer loans and one grant to WHAHLT for
acquisition. Downpayment assisitance is an interest free deferred loan up to$15,000 that provides 50%of the required
down payment, $5000 in closing costs and 10% principle reduction.
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3 Goal Name Senior Services
Goal Assistance to seniors with interior and exterior home maintenance (such as yard work, snow removal, and minor repairs)
Description to help seniors remain in their homes with dignity and safety.
4 Goal Name Emergency Services
Goal Provide assistance to households in danger of becoming homeless that need emergency assistance for housing costs
Description (rent/mortgage). Provide emergency transportation assistance through the Emergency Vehicle Repair program. Provide
short term child care assistance for residents beginning a new job or job training.
5 Goal Name Fair Housing
Goal Fair Housing activities include education for property managers, staff training, community outreach, and referral to Legal
Description Aid. Funds are provided to Hennepin County for implementation of the Fair Housing activity.
6 Goal Name Administration
Goal Administrative costs associated with the implementation of the CDBG program for the city of Eden Prairie.
Description
7 Goal Name Rehab Grants
Goal Provide rehabilitation grants to non profits that serve low/mod income Eden Prairie residents to update their
Description facilities. This goal will be funded if excess program income is available.
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AP-35 Projects - 91.420, 91.220(d)
Introduction
As determined at the March 5, 2019 public hearing, and adopted by Eden Prairie City Council Resolution
No. 2019-,the city of Eden Prairie will undertake activities related to housing rehabilitation, homebuyer
assistance, public services,fair housing, and program administration.
Family public service and senior service projects fall under the public service cap. These projects are
funded for a total of$55,000 which is below the city's public service cap of$55,384; 15%of$220,000
(2019 allocation) and 15%of$149,225 (2018 program income).
# Project Name
1 Housing Rehabilitation
2 Affordable Housing
3 Family Public Services
4 Senior Services
5 Fair Housing
6 Program Administration
7 Rehab Grants
Table 7—Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
At a public hearing held by the Eden Prairie City Council on March 5, 2019 and through Eden
Prairie Resolution No. 2019-,the city has allocated it's 2019 CDBG funds. The focus of the allocation
continues to be on housing rehabilitation and affordable housing initiatives.
The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and
provide assistance for those who have underserved needs. The City will continue to be in contact with
these agencies to learn about the underserved need in the community and how the City can help meet
these needs.
An obstacle to meeting underserved needs the City has encountered has been a lack of affordable
housing for potential homebuyers in its First Time Homebuyer Program. Due to the current housing
market in the area, the City has encountered a lack of available housing in the price range that is within
reach of young families and individuals who qualify for mortgages in the range of$150,000 to
$200,000. This lack of single family homes has become a barrier to first time homebuyers looking to
purchase a home in Eden Prairie using the First Time Homebuyer Program.
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AP-38 Project Summary
Project Summary Information
1 Project Name Housing Rehabilitation
Target Area Citywide
Goals Supported Homeowner Rehabilitation
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $125,000
Description Housing rehabilitation including energy efficiency repairs for low/mod
income Eden Prairie homeowners. The rehabilitation loan program
provides up to $30,000 for eligible repairs through a interest free,
deferred loan that is forgiven after twenty years. These loans are
offered in an effort to help maintain the condition of housing and
neighborhoods in Eden Prairie. An emergency rehab grant program will
also be available for seniors to receive grants up to $5,000 to make
emergency repairs which to their homes. It is expected that two
emergency grants will be made.
Target Date 6/30/2020
Estimate the number It is estimated that five low/mod income Eden Prairie families will
and type of families benefit from the Housing Rehab program and two low/mod income
that will benefit from seniors will benefit from the emergency rehab program.
the proposed activities
Location Description This is a citywide program.
Planned Activities Housing rehabilitation of owner occupied Eden Prairie homes
2 Project Name Affordable Housing
Target Area Citywide
Goals Supported Direct Homebuyer Assistance
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $90,000
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Description Funding for down payment assistance for low/mod income first time
home buyers. The Eden Prairie First Time Homebuyer Program offers a
zero interest, deferred loan with the city of Eden Prairie holding a
second mortgage on the property. The deferred loan helps first time
homebuyers offset the cost of purchasing a home by providing
assistance with down payment, closing costs, and mortgage principle
reduction. Repayment of the loan is required when the home is sold or
no longer homesteaded within the first 30 years. After 30 years,the
loan becomes due and payable. CDBG funds are used for acquisition of
the affordable property by West Hennepin Affordable Housing Land
Trust (WHAHLT) and then sold to a low/mod income eligible buyer.
WHAHLT retains ownership of the property on which the home sits,
thereby assuring that it will remain an affordable property for a term of
99 years.
Target Date 6/30/2020
Estimate the number Two moderate income families will benefit with first time homebuyer
and type of families assistance.
that will benefit from One moderate income family will benefit with the acquisition of
the proposed activities affordable housing.
Location Description This is a city wide program
Planned Activities First time homebuyer down payment assistance for two low/mod
income households
WHAHLT-affordable housing acquisition to be sold to one low/mod
income household
3 Project Name Family Public Services
Target Area Citywide
Goals Supported Emergency Services
Needs Addressed Education, Outreach and Services
Funding CDBG: $43,000
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Description The Homeless Prevention program provides one to three months of
emergency mortgage and rent payments for low/mod income Eden
Prairie families facing a housing crisis.The goal of the program is to
prevent homelessness and to stabilize families in their homes and
alleviate a financial crisis.The Car Repair program helps low/mod
income Eden Prairie residents maintain self sufficiency by assisting with
the costs of repairs to their vehicles. The car repair program will pay
75%of eligible safety repairs up to $1000. This enables residents to
maintain their transportation and continue working. Provide short term
child care assistance for residents starting a new job or job training.
Target Date 6/30/2020
Estimate the number Emergency Housing- 15 low/mod Eden Prairie families
and type of families Car Repair- 15 low/mod Eden Prairie residents
that will benefit from
the proposed activities Childcare—3 low/mod income Eden Prairie youth
Location Description These are citywide programs.
Planned Activities Emergency rent/mortgage assistance, emergency car repair assistance
and short term child care assistance
4 Project Name Senior Services
Target Area Citywide
Goals Supported Senior Services
Needs Addressed Education, Outreach and Services
Funding CDBG: $12,000
Description Senior Community Services helps maintain independence for elders and
avoid premature nursing home placement by providing homemaker,
maintenance and chore services through their HOME program.
Target Date 6/30/2020
Estimate the number 38 low/mod income seniors will receive chore service benefits
and type of families
that will benefit from
the proposed activities
Location Description This is a citywide program.
Planned Activities Provide maintenance and chore assistance to seniors
5 Project Name Fair Housing
Target Area Citywide
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Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $2,000
Description The City is an active member of the Fair Housing Implementation
Council (FHIC), a coalition comprised of the counties of Anoka, Dakota,
Hennepin, Ramsey and Washington;the Metro HRA(Metropolitan
Council);the Community Development Agencies of Scott and Carver
counties; and the cities of Bloomington, Eden Prairie, Minneapolis,
Minnetonka, Plymouth, Coon Rapids, Saint Paul and Woodbury.A
second coalition,the Fair Housing Advisory Committee (FHAC), was
formed to incorporate feedback from the community and a HUD
technical services provider to inform and improve the regional Analysis
of Impediments.The scope of work includes both informing those most
likely to experience discrimination of their fair housing rights, and also
connecting them with government decision-makers to address barriers
to fair housing.
Target Date 6/30/2020
Estimate the number Low/mod income Eden Prairie residents will benefit from the Fair
and type of families Housing Implementation Council's (FHIC)work to identify and eliminate
that will benefit from barriers to Fair Housing.The FHIC's work includes outreach, education
the proposed activities and enforcement activities. This work is not measured in number of
people served, but is designed to help as many people as possible
experience a better quality of life.
Location Description This is a citywide program.
Planned Activities The city of Eden Prairie will participate in and help to fund fair housing
activities through the Fair Housing Implementation Council, which
provides support for fair housing activities. Activities include education
for property managers, staff training community outreach and referral
to Legal Aid. Funds are provided to Hennepin County for
implementation of the fair housing activity.
6 Project Name Program Administration
Target Area Citywide
Goals Supported Administration
Needs Addressed Administration
Funding CDBG: $48,000
Description Implement and coordinate the CDBG program.
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Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed activities
-
Location Description
Planned Activities Implement and coordinate the CDBG program.
7 Project Name Rehab Grants
Target Area Citywide
Goals Supported Rehab Grants
Needs Addressed Rehab Grants
Funding .•
Description Provide grants to non profits for rehabilitation of facilities
Target Date
Estimate the number If excess program income funds are available in 2019,the city will
and type of families provide a rehabilitation grant to one non profit organization that serves
that will benefit from low/mod income Eden Prairie residents.
the proposed activities
Location Description Citywide
Planned Activities Provide grants to non profits for rehabilitation of facilities
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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
All programs will be provided on a city-wide basis and will be directed to low/mod income Eden Prairie
residents.
Geographic Distribution
Target Area Percentage of Funds
Citywide 100
Table 8-Geographic Distribution
Rationale for the priorities for allocating investments geographically
Because there are no concentrations of poverty or other significant factors, all programs are available
city-wide.
Discussion
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AP-75 Barriers to affordable housing -91.420, 91.220(j)
Introduction
The city of Eden Prairie strives to assist residents with affordable housing. They do this through CDBG funded programs including Housing
Rehabilitation, First Time Homebuyer and WHAHLT. Public service providers also assist residents with affordable housing through homeless
prevention, car repair and maintenance chore services for seniors.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such
as land use controls,tax policies affecting land, zoning ordinances, building codes,fees and charges, growth limitations, and
policies affecting the return on residential investment
Eden Prairie uses many strategies to remove barriers to affordable housing. By using the land trust model,these properties remain affordable
for 99 years.The City uses Tax Increment Financing (TIF) and other tools to help incent developers to build multi-family developments in Eden
Prairie. City policy requires developers who receive public financing to set aside 20%of the units as affordable at the 50%Area Median Income
(AMI).The City works with developers to incorporate affordable housing in all new proposed developments.The city is currently studying the
development of an inclusionary housing policy that will bring more affordable housing units to Eden Prairie.
The City uses CDBG funds in the single family home rehabilitation program to help homeowners keep their properties viable and structurally
sound. Without the home rehabilitation program, some of our residents, particularly senior citizens, could not afford to make the repairs which
are necessary to stay in their homes.
The City of Eden Prairie allocates general funds for social services programs. These programs support people who are currently homeless, facing
homelessness or have other special needs.
Discussion
Eden Prairie will continue to support existing programs that remove barriers to affordable housing as well as participate in regional opportunities
to address affordable housing issues. The city will continue its policy of making housing affordable citywide.
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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
In an effort to further the city's efforts in assisting low and moderate income households,the following
are additional actions in which the city provides or participates in.
Actions planned to address obstacles to meeting underserved needs
As described in the Public Housing section,the City of Eden Prairie does not have oversight of and is not
involved in the operation of public housing units, and therefore does not have a plan to address public
housing improvements and resident initiatives.
The proposed actions the City of Eden Prairie will take to reduce the number of persons below the
poverty line are seen in the public services programs we fund, both with our general funds and CDBG
funds, which promote self-sufficiency. Funded social services programs such as the vehicle repair
program,the emergency housing assistance program, Meals on Wheels, and others listed several times
throughout this Action Plan have the common theme of helping people become or remain self
sufficient. Helping people become or remain self-sufficient will reduce the likelihood that they will fall
below the poverty line.
Actions planned to foster and maintain affordable housing
Eden Prairie uses multiple approaches to foster and maintain affordable housing,for both ownership
and rental properties.The City invests CDBG funds in a community land trust called Homes Within
Reach. The land trust model provides homeownership opportunities to people of low to moderate
incomes. The City uses pooled TIF housing funds and CDBG funds for a first-time homebuyer
program. This program is structured to allow an interest-free loan with deferred repayment of up to
$15,000. To acquire and maintain affordable rental units, the City offers TIF to developers that can
demonstrate need for their projects, which requires that 20%of units be set aside as affordable for as
long as 25 years. The City practices an inclusionary housing model, which requires developers to set
aside 10%of the units to be built as affordable, even if no City financing is involved, and is close to
adopting a formal policy on inclusionary housing.The City provides conduit financing to owners of multi-
family developments who wish to refinance a housing bond. The conduit financing allows the City to
require the property owner to accept a specific number of Section 8 Vouchers, or to set aside a certain
number of units as affordable. Finally,the City also participates by issuing housing revenue bonds to be
paired with 4% low income housing tax credits.
The City uses CDBG to fund the single-family home rehabilitation program to help homeowners keep
their properties viable and structurally sound. This program allows our residents, particularly senior
citizens, who could not otherwise afford to do so, make the repairs,which are necessary to remain in
Annual Action Plan 32
2019
OMB Control No:2506-0117(exp.06/30/2018)
their homes.
Actions planned to reduce lead-based paint hazards
Participants in the City's Housing Rehabilitation Program who reside in a house built prior to 1978 are
required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint
testing is completed by Hennepin County. If lead hazards are found,they must be corrected and the
home must pass a clearance test before the project is considered complete. If the clearance test does
not pass,the corrections and re-testing must continue until the home does pass. This process is
completed following HUD regulations and guidelines.
Actions planned to reduce the number of poverty-level families
The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families
• Collaborating with and funding social service agencies in the community that assist families
toward self-sufficiency.
• Partnering with nonprofits to offer financial management and budgeting classes for the
immigrant community, particularly who have accessed financial support in the past.
• Job coaching program to assist poverty level adults in finding jobs, particularly those who have
barriers with technology.
• Providing assistance to help poverty level families find affordable housing.
• Participate in the Open to Business program to help families start their own small businesses.
• Raising the visibility of support services in the community so that families in need can find the
help they need to move out of poverty.
• Educating the broader population about the needs of poverty level families in the community
and holding collaborating events to work together to meet these needs and assist families in
becoming self-sufficient
Actions planned to develop institutional structure
The city of Eden Prairie is already working with many of the public service agencies that serve the
community. These agencies receive general fund grants from the city as well as CDBG grants. The two
organizations work together as part of a larger, broad-based effort. Since these relationships are
working well,there are no planned changes.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of Eden Prairie coordinates a property managers group that meets quarterly to discuss
challenges, opportunities and resources available to rental properties. Social services agencies
Annual Action Plan 33
2019
OMB Control No:2506-0117(exp.06/30/2018)
participate in these quarterly meetings. The city's rental inspection program makes referrals as needed
to city housing staff and social services agencies to provide resources to prevent displacement of
individuals and families due to deteriorating conditions. The City of Eden Prairie provides grant funding
to Senior Community Services for chore services needed by elderly residents which allows the residents
to remain safe in their homes. The city sponsors workshops by tenant advocacy agency HomeLine to
help landlords and tenants both understand the respective responsibilities and to prevent displacement.
Discussion
Annual Action Plan 34
2019
OMB Control No:2506-0117(exp.06/30/2018)
Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(I)(1,2,4)
Introduction
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table.The following identifies program income that is available for use that is included in
projects to be carried out.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(1)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table.The following identifies program income that is available for use that is included in
projects to be carried out.
1.The total amount of program income that will have been received before the start of the
next program year and that has not yet been reprogrammed 30,000
2.The amount of proceeds from section 108 loan guarantees that will be used during the
year to address the priority needs and specific objectives identified in the grantee's strategic
plan. 0
3.The amount of surplus funds from urban renewal settlements 0
4.The amount of any grant funds returned to the line of credit for which the planned use
has not been included in a prior statement or plan 0
5.The amount of income from float-funded activities 0
Total Program Income: 30,000
Other CDBG Requirements
1.The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that
benefit persons of low and moderate income.Overall Benefit-A consecutive period
of one,two or three years may be used to determine that a minimum overall
benefit of 70%of CDBG funds is used to benefit persons of low and moderate
income. Specify the years covered that include this Annual Action Plan. 100.00%
Discussion
The city will use any excess program income received for affordable housing and rehabilitation projects.
Annual Action Plan 35
2019
OMB Control No:2506-0117(exp.06/30/2018)
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar, Office of the Payment of Claims X.
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 265963 —266259
Wire Transfers 1022005 - 1022096
Wire Transfers 6976 - 6993
City of Eden Prairie
Council Check Summary
3/5/2019
Division Amount Division Amount
General 21,453 309 DWI Forfeiture 987
100 City Manager 239 445 Cable PEG 6,233
101 Legislative 1,291 509 CIP Fund 28,744
102 Legal Counsel -3,777 522 Improvement Projects 2006 11,991
110 City Clerk -2 Total Capital Projects 47,954
111 Customer Service 5,024
112 Human Resources 20 601 Prairie Village Liquor 79,543
114 Benefits&Training 8,123 602 Den Road Liquor 166,831
131 Finance 339 603 Prairie View Liquor 97,987
132 Housing and Community Services 295 605 Den Road Building 3,383
133 Planning 38 701 Water Enterprise Fund 117,733
136 Public Safety Communications 769 702 Wastewater Enterprise Fund 7,990
137 Economic Development 8,035 703 Stormwater Enterprise Fund 18,007
138 Community Development Admin. 1,945 Total Enterprise Fund 491,475
151 Park Maintenance 6,520
154 Community Center 11,508 316 WAFTA 925
156 Youth Programs 5,417 802 494 Commuter Services 11,804
158 Senior Center 532 803 Escrow Fund 9,100
162 Arts 200 804 100 Year History 15
163 Outdoor Center 641 806 SAC Agency Fund 22,365
168 Arts Center 1,192 807 Benefits Fund 498,598
180 Police Sworn 27,314 809 Investment Fund 3,168
182 Police Civilian 2,567 810 Workers Comp Insurance 130,676
184 Fire 16,636 811 Property Insurance 116,151
186 Inspections 530 812 Fleet Internal Service 40,305
200 Engineering 2,486 813 IT Internal Service 118,739
201 Street Maintenance 26,432 815 Facilites Operating ISF 37,791
202 Street Lighting 23,939 816 Facilites City Center ISF 84,239
Total General Fund 169,707 817 Facilites Comm.Center ISF 99,519
Total Internal Svc/Agency Fund 1,173,396
301 CDBG 30
303 Cemetary Operation 18 Report Total 1,882,580
Total Special Revenue 48
City of Eden Prairie
Council Check Register by GL
3/5/2019
Check# Amount Supplier/Explanation Account Description Business Unit Comments
6991 252,432 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Endng 02.15.19
266218 248,188 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Property Insurance Work comp and PC ins premiums
6989 171,054 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 02.01.19
1022096 164,154 XCEL ENERGY Electric Street Lighting Multiple location electric Jan 2019
6981 102,280 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Jan 2019
1022083 61,371 LOGIS Network Support IT Operating
266215 43,622 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
266259 36,455 XIGENT SOLUTIONS LLC Other Contracted Services IT Capital
1022071 30,224 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store
266137 28,744 VIDEOTRONIX INC Other Assets Capital Maint.&Reinvestment
266073 25,137 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
6993 24,377 EMPOWER Deferred Compensation Health and Benefits
266089 22,141 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
266127 21,972 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit
6992 21,495 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
266242 18,634 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
1022074 17,303 ESRI Software Maintenance IT Operating
1022053 16,893 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
266084 16,887 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
266128 15,421 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1022028 13,812 WENCK ASSOCIATES INC OCS-Studies Stormwater Non-Capital
266160 13,774 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store
266238 13,452 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
266159 13,043 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store
266214 12,956 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
266247 12,911 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1022080 12,615 J&D WINDOW CLEANING Window Washing Prairie Village Liquor Store
266029 12,565 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store
1022034 12,250 ESS BROTHERS&SONS INC Landscape Materials/Supp Street Maintenance
266071 12,231 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
6983 12,208 FURTHER-AKA SELECT HSA-Employer Health and Benefits
266025 11,991 BOLTON&MENK INC Design&Engineering Improvement Projects 2006
266028 10,533 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
266136 10,144 VERIZON WIRELESS Data Plans-Police IT Operating
266202 9,206 GRAYMONT Treatment Chemicals Water Treatment
266062 9,141 GRAYMONT Treatment Chemicals Water Treatment
1022077 8,850 GRAYBAR Equipment Repair&Maint Traffic Signals
266237 8,354 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
266100 8,000 MORRIS LEATHERMAN COMPANY Other Contracted Services Economic Development
266112 7,990 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1022079 7,808 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Supply(Wells)
266032 7,656 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1022043 7,388 STREICHERS Clothing&Uniforms Police Sworn
1022066 7,314 A-SCAPE INC Contract Svcs-Snow Removal Building 51
1022070 7,145 CENTERPOINT ENERGY Gas Den Road Liquor Store
1022015 6,406 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
Check# Amount Supplier/Explanation Account Description Business Unit Comments
266109 6,248 PARK NICOLLET CLINIC Health&Fitness Organizational Services
266082 5,891 LIFELINE INC Capital Under$25,000 Police Sworn
266258 5,609 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
266033 5,489 CARVER COUNTY LICENSE CENTER Autos Fleet-Public Works
266239 5,100 POLCO Other Contracted Services Cable PEG
1022067 5,012 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
266066 4,957 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
266228 4,833 MINTAHOE INC Other Contracted Services Special Events&Trips
266078 4,728 LEADSONLINE LLC Other Contracted Services Police Sworn
6984 4,682 FURTHER-AKA SELECT Other Deductions Health and Benefits
266031 4,675 CAMPION,BARROW&ASSOCIATES Employment Support Test Fire
266019 4,386 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
6985 4,306 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
1022062 3,913 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr
1022044 3,860 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#1
266053 3,639 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet-Police
266087 3,500 MESSERLI&KRAMER Legal 494 Corridor Commission
266195 3,412 FIRST MINNETONKA CITY BANK Miscellaneous 494 Corridor Commission
266244 3,168 SECURIAN ASSET MANAGEMENT INC Interest Investment Fund
266099 2,973 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
1022076 2,907 GRAINGER Equipment Repair&Maint Prairie View Liquor Store
266171 2,902 COLLIERS ARCHITECTURE,LLC Other Contracted Services Police(City Cost)
1022018 2,888 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr
1022032 2,748 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
266034 2,725 CENTURYLINK Fiber Lease Payments City Center-CAM
266149 2,723 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
266058 2,706 FREEDOM FENCE,INC. Canine Supplies Police Sworn
1022030 2,605 A-SCAPE INC Contract Svcs-Snow Removal Building 51
1022095 2,602 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
266101 2,574 MPCA Conference/Training Utility Operations-General
266122 2,567 SAWATDEE Beer/Wine Licenses Police Civilian
266203 2,502 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
1022021 2,465 RANDY'S ENVIRONMENTAL SERVICES Janitor Service City Center-CAM
266120 2,384 ROBINSON JEFF Rebates Stormwater Non-Capital
6986 2,272 FURTHER-AKA SELECT Other Contracted Services Health and Benefits
266226 2,244 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1022029 2,220 ANCHOR PAPER COMPANY Office Supplies Customer Service
266077 2,193 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits
266110 2,164 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
266251 2,160 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment
266138 2,144 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
266040 2,064 CORE&MAIN Equipment Parts Water Distribution
266209 1,952 IDN-H.HOFFMAN,INC Supplies-General Bldg Fitness/Conference-Cmty Ctr
266150 1,935 ARVIG Fiber Lease Payments IT Operating
266163 1,846 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1022047 1,846 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
266207 1,819 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
266194 1,769 FIRE SAFETY USA INC Equipment Repair&Maint Fleet Operating
266222 1,740 METERING&TECHNOLOGY SOLUTIONS Repair&Maint.Supplies Water Metering
1022033 1,725 CDW GOVERNMENT INC. Miscellaneous IT Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
266026 1,716 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
266206 1,683 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
1022064 1,674 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating
6978 1,666 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
266193 1,600 ERGOMETRICS Training Supplies Organizational Services
1022006 1,593 ALBERS,JASON Tuition Reimbursement/School Organizational Services
266035 1,558 CENTURYLINK Internet IT Operating
266245 1,516 SIGNSOURCE Equipment Repair&Maint Pool Operations
266205 1,488 HEALTHPARTNERS Employment Support Test Organizational Services
266022 1,431 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
266190 1,405 EDEN PRAIRIE SCHOOL CAM-School City Center-CAM
266145 1,347 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Bldg Police(City Cost)
1022063 1,315 VINOCOPIA Liquor Product Received Prairie View Liquor Store
266153 1,302 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
266064 1,275 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Conference/Training Fire
266046 1,247 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions City Council
1022040 1,207 PRAIRIE ELECTRIC COMPANY Capital Under$25,000 Cummins Grill House
266157 1,200 BLUE WATCH Tuition Reimbursement/School Police Sworn
266232 1,200 MUELLER CO Merchandise for Resale Water Metering
266070 1,187 JERRY'S ENTERPRISES INC Reimburse-legal notices Escrow
1022049 1,176 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire
266223 1,138 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services
1022037 1,133 GRANICUS INC Equipment Repair&Maint Cable PEG
1022092 1,127 VISTAR CORPORATION Merchandise for Resale Concessions
6982 1,122 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
266201 1,100 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
266037 1,075 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1022017 1,042 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
266054 1,000 EMPLOYER SOLUTIONS STAFFING Wages No Benefits 494 Corridor Commission
266221 1,000 MARTIN-MCALLISTER Employment Support Test Organizational Services
1022045 996 WATSON CO INC,THE Merchandise for Resale Concessions
1022016 987 INTOXIMETERS Miscellaneous DWI Forfeiture
266211 984 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
266212 963 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
266023 934 BIG STATE INDUSTRIAL SUPPLY INC Clothing&Uniforms Stormwater Collection
266143 934 AIRGAS USA LLC Supplies-Pool Pool Maintenance
1022027 931 VINOCOPIA Liquor Product Received Prairie View Liquor Store
266079 925 LEAGUE MN CITIES INS TRUST Insurance WAFTA
266170 922 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
266161 921 BRUCE METAL WORKS INC Operating Supplies Traffic Signs
266191 900 EMPLOYER SOLUTIONS STAFFING Wages No Benefits 494 Corridor Commission
266240 898 POWERPLAN OIB Equipment Parts Fleet Operating
266115 893 QUALITY REFRIGERATION Equipment Repair&Maint Concessions
1022075 844 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance
1022054 842 HACH COMPANY Laboratory Chemicals Water Treatment
266016 826 ALTEC INDUSTRIES INC Equipment Parts Fleet Operating
266230 806 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
266108 790 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr
266102 780 MUELLER CO Equipment Parts Water Metering
266216 779 KENDELL DOORS&HARDWARE INC Supplies-General Bldg Ice Arena Maintenance
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1022020 757 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance
266021 750 BASSWOODS FIRST HOME OWNERS ASSOCIATION Rebates Stormwater Non-Capital
266146 725 AMERICAN PLANNING ASSN Dues&Subscriptions Community Development Admin.
1022078 721 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment
1022072 713 ECM PUBLISHERS INC Advertising Community Center Admin
266072 703 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment
266142 700 AIM ELECTRONICS Contract Svcs-Ice Rink Ice Arena Maintenance
1022084 693 MENARDS Building Materials Park Maintenance
266131 686 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1022052 679 FASTENAL COMPANY Operating Supplies Fleet Operating
266234 675 NEGOCE LLC Liquor Product Received Prairie View Liquor Store
266068 664 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
266063 655 HANSEN ERIK Rebates Stormwater Non-Capital
1022055 648 JOHNSTONE SUPPLY Supplies-HVAC Ice Arena Maintenance
266132 639 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1022031 638 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
266233 630 NAHRO Dues&Subscriptions Community Development Admin.
1022068 614 BIFFS INC Waste Disposal Park Maintenance
266167 600 CHWIALKOWSKI SHEA Training Supplies Fire
266179 600 COUNTINGCARS.COM Operating Supplies Engineering
266180 600 COVERTTRACK GROUP Other Contracted Services Police Sworn
266204 600 GREYSTONE CONSTRUCTION COMPANY Equipment Repair&Maint Fleet Operating
266162 599 BTR OF MINNESOTA Equipment Parts Fleet Operating
266052 590 EHLERS&ASSOCIATES INC Conference/Training Community Development Admin.
266147 590 AQUA LOGIC INC Supplies-Pool Pool Maintenance
1022093 572 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr
266139 571 XCEL ENERGY Capital Under$25,000 Engineering
266236 563 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
266125 560 SMALL LOT MN Liquor Product Received Den Road Liquor Store
266117 559 REACH Licenses,Taxes,Fees Community Center Admin
266057 544 FIRE SAFETY USA INC Equipment Parts Fleet Operating
266254 540 TWIN CITY GATE Equipment Repair&Maint Fleet Operating
1022087 539 PREMIUM WATERS INC Operating Supplies-Water Fire
1022086 528 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
266041 521 CORPORATE TECHNOLOGIES Equipment Repair&Maint 494 Corridor Commission
1022026 519 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr
266250 511 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
266045 504 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store
266067 494 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
266181 489 CTM SERVICES,INC. Repair&Maint-Ice Rink Ice Arena Maintenance
266217 483 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Maintenance Facility
266121 470 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store
266060 470 GLOBAL EQUIPMENT COMPANY Supplies-Plumbing City Hall(City Cost)
266229 469 MINVALCO INC Supplies-HVAC City Center-CAM
1022094 466 WATSON CO INC,THE Merchandise for Resale Concessions
266155 456 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1022065 455 AMERITRAK Other Contracted Services Snow&Ice Control
6976 453 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
266020 440 BARTLEY SALES COMPANY INC Supplies-General Bldg Fitness/Conference-Cmty Ctr
266126 425 SOUNDS GREAT&SPECIAL SOUNDS INC Other Contracted Services Special Events&Trips
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1022035 415 FORCE AMERICA Equipment Repair&Maint Fleet Operating
1022051 388 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance
266243 387 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1022036 386 GRAINGER Equipment Parts Park Shelters
266061 383 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
1022089 360 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services
266051 354 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions 494 Corridor Commission
1022005 353 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities
265998 352 PATTON,CHARLES AR Utility Water Enterprise Fund
1022038 351 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
1022014 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service
266083 339 LIONS TAP Reimburse-legal notices Escrow
1022057 334 PROSOURCE SUPPLY Supplies-General Bldg Ice Arena Maintenance
266129 333 STAPLES ADVANTAGE Office Supplies Utility Operations-General
1022081 331 JEFFERSON FIRE&SAFETY INC Clothing-Boots Fire
1022025 320 STOCKWELL,WENDELL Conference/Training Inspections-Administration
266154 320 BIG STATE INDUSTRIAL SUPPLY INC Clothing&Uniforms Utility Operations-General
266074 319 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin
266144 319 ALTEC INDUSTRIES INC Equipment Parts Snow&Ice Control
265984 314 HICKS ANN AR Utility Water Enterprise Fund
266091 314 MINNESOTA CHIEFS OF POLICE ASSOC Prepaid Expenses Police Sworn
266225 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Taxes,Fees Senior Center
266185 295 EDAM Dues&Subscriptions Community Development Admin.
1022061 291 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Wasterwater Collection
266118 291 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
1022046 285 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating
266010 285 SULCINER JOHN AR Utility Water Enterprise Fund
1022019 282 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
266044 277 E A SWEEN COMPANY Merchandise for Resale Concessions
266148 274 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
266133 270 TKO WINES,INC Liquor Product Received Den Road Liquor Store
266095 265 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire
266085 264 MASTER CRAFT LABELS INC Equipment Repair&Maint Public Safety Communications
1022007 254 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store
266184 254 E A SWEEN COMPANY Merchandise for Resale Concessions
266192 252 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store
266036 244 CITY'S BEST MARKETING Printing Police Sworn
6980 239 VANCO SERVICES Bank and Service Charges Wastewater Accounting
266024 239 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Hall(City Cost)
266189 239 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration
1022082 236 KUSTOM SIGNALS INC Equipment Repair&Maint Police Sworn
266175 235 COMCAST Cable TV Fire
266168 234 CINTAS Operating Supplies Park Maintenance
6987 232 US BANK-PAYMODE Bank and Service Charges Finance
266043 232 DIRECTV Cable TV Community Center Admin
266200 225 GOPHER STATE ONE-CALL OCS-Utility Locates Water Distribution
266158 220 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
266246 216 SNAP-ON TOOLS Small Tools Fleet Operating
266169 214 CINTAS CORPORATION Safety Supplies Community Center Admin
266017 212 AMERICAN TRADE MARK Repair&Maint.Supplies Fire
Check# Amount Supplier/Explanation Account Description Business Unit Comments
266105 210 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration
266015 210 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
266047 206 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions Prairie View Liquor Store
266048 206 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions Den Road Liquor Store
266049 206 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions Prairie Village Liquor Store
266196 205 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
6988 205 OPTUM HEALTH Other Contracted Services Health and Benefits
266119 204 RICHARDS,BRANDON P&R Refunds Community Center Admin
1022058 203 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
266134 202 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
266056 200 ESTRINE,ROBERT Other Contracted Services Community Band
265978 200 GERHOLD RANDY AR Utility Water Enterprise Fund
266088 199 METERING&TECHNOLOGY SOLUTIONS Equipment Parts Water Metering
6990 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
266248 198 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk
266069 196 INDUSTRIAL AND RESIDENTIAL LIGHTING INC Lab Supplies Water Treatment
266004 191 SEEHOLZER SHANNIN AR Utility Water Enterprise Fund
266130 190 STEVE LUCAS PHOTOGRAPHY Canine Supplies Police Sworn
266038 190 COMCAST Internet IT Operating
266114 184 PRINCIPAL FINANCIAL GROUP Payroll-Marketing 494 Corridor Commission
266096 180 MINNESOTA POST BOARD Dues&Subscriptions Police Sworn
266165 172 CENTURYLINK Internet IT Operating
1022073 172 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
1022039 170 MENARDS Operating Supplies Youth Programs Admin
265985 158 HIPPE TYRONE AR Utility Water Enterprise Fund
266164 156 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store
266076 150 KROWEZ SAMANTHA Operating Supplies Arts Center
266104 150 NATIONAL TACTICAL OFFICERS ASSOCIATION Dues&Subscriptions Police Sworn
266166 150 CHEF MARSHALL O'BRIEN GROUP Health&Fitness Fire
266249 148 STAPLES ADVANTAGE Office Supplies Customer Service
266027 146 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
266255 142 UNITED STATES POSTAL SERVICE Postage Senior Center Admin
265972 142 EAN KIMNAL AR Utility Water Enterprise Fund
1022059 139 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store
1022013 138 FASTENAL COMPANY Operating Supplies Fleet Operating
266183 133 DWORAK PAUL AR Utility Water Enterprise Fund
266178 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
266055 130 ERGOMETRICS Employment Support Test Organizational Services
1022042 130 SPRINT Pager&Cell Phone 494 Corridor Commission
266210 125 IMMANUEL LUTHERAN CHURCH P&R Refunds Community Center Admin
1022048 125 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr
265979 122 HAMILTON CARMEN AR Utility Water Enterprise Fund
266009 120 SUDALAYANDI BALA AR Utility Water Enterprise Fund
266014 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
1022023 117 SLICK,RANDY L Mileage&Parking Engineering
266173 116 COMCAST Cable TV Fire
6979 115 MONEY MOVERS INC Other Contracted Services Community Center Admin
266111 114 PETSMART Canine Supplies Police Sworn
266241 112 PROP-DO NOT USE Charitable Contributions Health and Benefits
265994 111 MCDONOUGH THOMAS AR Utility Water Enterprise Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
266030 110 CAMPBELL ERIC Rebates Stormwater Non-Capital
266199 110 GALLS LLC Clothing&Uniforms Volunteers
265996 108 MOFFETT PAUL AR Utility Water Enterprise Fund
266039 108 COMCAST Telephone 494 Corridor Commission
266107 107 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
265969 105 CHLOK BONITA AR Utility Water Enterprise Fund
266156 103 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Edenvale Park
266012 101 VENKATRAMAN NARAYANAN AR Utility Water Enterprise Fund
265981 100 HART PATRICIA AR Utility Water Enterprise Fund
266224 100 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Licenses,Taxes,Fees Fitness/Conference-Cmty Ctr
266075 97 KRAEMER MINING&MATERIALS INC Landscape Materials/Supp Park Maintenance
266257 92 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1022069 92 CDW GOVERNMENT INC. Operating Supplies IT Operating
266000 91 POEY RICHARDS AR Utility Water Enterprise Fund
265989 90 KONERZA JUDY AR Utility Water Enterprise Fund
266219 89 MAHONEY,DEBI Tuition Reimbursement/School Fitness Classes
266050 88 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions 494 Corridor Commission
266135 88 US BANK EQUIPMENT FINANCE Printing 494 Corridor Commission
1022010 88 CRANNY SARAH Mileage&Parking Customer Service
1022090 87 STREICHERS Clothing&Uniforms Police Sworn
266011 83 VAN ANN AR Utility Water Enterprise Fund
266098 81 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Sworn
266197 75 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions
266231 75 MR CUTTING EDGE Contract Svcs-Ice Rink Ice Arena Maintenance
266059 74 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions
1022009 73 BOSACKER MIKE Mileage&Parking Police Sworn
1022056 73 KRAUSE,MARY Mileage&Parking Engineering
265992 70 LANIER DAVID AR Utility Water Enterprise Fund
266086 70 MEREDITH KATE Miscellaneous 494 Corridor Commission
266116 67 RASK,DONALD P&R Refunds Community Center Admin
266152 67 BCA-MNJIS Other Contracted Services Police(City Cost)
1022011 60 DEVILBISS JAYDEN Clothing&Uniforms Police Sworn
266141 59 AERO DRAPERY AND BLIND Supplies-General Bldg City Center-CAM
1022022 59 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store
265967 58 BUSCH SUSAN AR Utility Water Enterprise Fund
265982 58 HEDBERG STEPHANIE AR Utility Water Enterprise Fund
1022060 57 STRONER,ELIZABETH Operating Supplies Police Sworn
265988 56 KARR EDWARD AR Utility Water Enterprise Fund
266235 55 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Facilities Staff
265966 53 BROWN BEN AR Utility Water Enterprise Fund
266097 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1022050 52 CARLSTON,BRANDON Clothing&Uniforms Police Sworn
266005 51 SELVAM PACKIARAJAN AR Utility Water Enterprise Fund
266220 50 MARS SUPPLY Operating Supplies Fleet Operating
265991 49 KUHA CHAD AR Utility Water Enterprise Fund
266188 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
266002 46 RYAN KIMBERLY AR Utility Water Enterprise Fund
266113 46 PILGRIM DRY CLEANERS INC Clothing&Uniforms Police Sworn
1022085 46 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
265983 45 HEDLUND ROSS AR Utility Water Enterprise Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
266124 44 SIGNSOURCE Office Supplies City Council
1022008 41 BATTERIES PLUS Operating Supplies Park Maintenance
265999 40 PETULA MELISSA AR Utility Water Enterprise Fund
1022012 40 EICHMAN NATHAN Canine Supplies Police Sworn
265987 39 JONES NICOLE AR Utility Water Enterprise Fund
265964 37 ANDERSON,ROBERT AR Utility Water Enterprise Fund
266123 37 SCHNEIDER,JOSEPH P&R Refunds Community Center Admin
265993 35 LEWIS RYAN AR Utility Water Enterprise Fund
266186 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development
1022088 34 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating
1022041 32 SPRINT Pager&Cell Phone 494 Corridor Commission
266092 32 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations-General
266093 32 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations-General
266094 32 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations-General
266140 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
266001 31 RAMAKRISHMAN RAJKUMAR AR Utility Water Enterprise Fund
266182 30 CUB FOODS EDEN PRAIRIE Employee Award Organizational Services
265974 29 FEIG JOLEEN AR Utility Water Enterprise Fund
266256 29 UNITED WAY Charitable Contributions Health and Benefits
266198 28 FREIBERG MARK Mileage&Parking Heritage Preservation
266172 27 COMCAST Cable TV Fire
265965 27 BARHOOVER BRET AR Utility Water Enterprise Fund
266106 26 OAS,SANDY Mileage&Parking 494 Corridor Commission
266103 24 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn
266065 23 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
265997 23 OLSON,GRACE AR Utility Water Enterprise Fund
266252 21 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
266187 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
265970 20 DALEY TIMOTHY AR Utility Water Enterprise Fund
266080 20 LEAGUE OF MINNESOTA CITIES Mileage&Parking Workers Comp Insurance
266081 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources
1022024 19 SPOK,INC. Pager&Cell Phone IT Operating
266006 18 SEWALL,ELLIE AR Utility Water Enterprise Fund
265977 18 GEORGE SANDRA AR Utility Water Enterprise Fund
265990 17 KREBS NOAH AR Utility Water Enterprise Fund
266018 17 ANDERSON ISAAC Mileage&Parking Pool Operations
266090 17 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
265976 16 GEHRMANN JASON AR Utility Water Enterprise Fund
266151 16 ASPEN MILLS Clothing&Uniforms Fire
266174 16 COMCAST Cable TV Fire
266177 16 COMCAST Cable TV Fire
266013 16 WETMORE ROBERT AR Utility Water Enterprise Fund
266003 13 SEBALD MARY AR Utility Water Enterprise Fund
266007 13 SINKEY MICHAEL AR Utility Water Enterprise Fund
265980 11 HART ELIZABETH AR Utility Water Enterprise Fund
265995 11 MINNESOTA HOLDING COMPANY LLC AR Utility Water Enterprise Fund
265973 11 ESHELMAN JEREMY AR Utility Water Enterprise Fund
1022091 11 UPS Postage Planning
266042 10 CULLIGAN BOTTLED WATER Miscellaneous 494 Corridor Commission
266227 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
Check# Amount Supplier/Explanation Account Description Business Unit Comments
266008 10 STRANGER STEVEN AR Utility Water Enterprise Fund
266213 9 JERRY'S ENTERPRISES INC Operating Supplies Fleet Operating
265963 9 ALF LYNSEY AR Utility Water Enterprise Fund
265986 6 HULTGREN JESSE AR Utility Water Enterprise Fund
265975 6 FREITAG PAUL AR Utility Water Enterprise Fund
265968 6 CHEPURI CHARY AR Utility Water Enterprise Fund
266176 2 COMCAST Other Contracted Services Police Sworn
6977 .09 RADIANT SYSTEMS Bank and Service Charges Den Road Liquor Store
1,882,580 Grand Total
CITY COUNCIL AGENDA
DATE:
SECTION: Appointments March 5, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
City Council 2019 City Commission Appointments XIII.A.
Requested Action
Move to: Appoint to the Conservation Commission with terms ending March 31, 2022; and
with terms ending March 31, 2021
Move to: Appoint to the Flying Cloud Airport Advisory Commission with a term ending March
31, 2022
Move to: Appoint to the Heritage Preservation Commission with terms ending March 31, 2022
Move to: Appoint to the Human Rights and Diversity Commission with terms ending March
31, 2022; and with terms ending March 31, 2021
Move to: Appoint to the Parks, Recreation&Natural Resources Commission with terms ending
March 31, 2022
Move to: Appoint to the Planning Commission with terms ending March 31, 2022
Synopsis
The City Council hosted Commission interviews on Tuesday, February 26, 2019. All terms will begin on
April 1. A required orientation session for new commissioners will be held on Tuesday, March 26.
CITY COUNCIL AGENDA
DATE:
SECTION: Appointments March 5, 2019
DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.:
DIVISION: 2019 Appointments of Chairs and Vice Chairs to XIILB.
City Council City Commissions
Requested Action
Move to: Appoint - Chair and - Vice Chair of the Conservation Commission
Move to: Appoint - Chair and - Vice Chair of the Flying Cloud Airport
Advisory Commission
Move to: Appoint - Chair and - Vice Chair of the Heritage Preservation
Commission
Move to: Appoint - Chair and - Vice Chair of the Human Rights and
Diversity Commission
Move to: Appoint - Chair and_ - Vice Chair of the Parks, Recreation and
Natural Resources Commission.
Move to: Appoint - Chair and - Vice Chair of the Planning Commission
Synopsis
Chairs and Vice Chairs are appointed annually by the City Council following the appointment of
members to City Commissions. The City Council hosted Commission interviews on Tuesday, February
26, and determined Chair and Vice Chair assignments for the period of April 1, 2019, through March 31,
2020.