The URL can be used to link to this page

Home My WebLink AboutCity Council - 02/04/2020 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 4, 2020 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, Fire Chief Scott Gerber, 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 Maggie Neuville, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. COMMISSION WORK PLANS A. PLANNING COMMISSION B. HUMAN RIGHTS & DIVERSITY COMMISSION C. PARKS,RECREATION & NATURAL RESOURCES COMMISSION Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT EDEN PRAIRIE LIYF•WVPK•ORFA M PLANNING COMMISSION Work Plan Presentation February 4, 2020 Charter Statement EDEN To provide an open process and a balanced PRAIRIE p LIYE•WEIRK.QREAM review of development proposals and land use requests, both private and public, with regard to the City's Strategic Plan, Comprehensive Guide Plan and City Land Use . 2019 Commission Members Andrew Pieper, Chair Ed Farr, Vice Chair John Kirk Ann Higgins Charles Weber Balu lyer Michael DeSanctis Christopher Villarreal Carol Mette Julie Klima, Staff Liaison 2019 J Development Projects The Commission reviewed 17 development projects PRAIRIE Single Family Homes Public Organizations LIVE•WOROCIREAM Stable Path Ground Storage Water Reservoir and Pump Station Beverly Hills City Yard Waste Drop Site Sheldon Place Townhomes Nine Mile Creek Watershed District Office Building Addition Miller Property (Highland Oaks) Central Middle School 10197 Eden Prairie Road (Perry Ryan Property) Oak Pointe Elementary School Multi- family housing Commercial/ Office Castle Ridge Target Remodel Pa ravel Apartments 11000 Viking Drive Parking Ramp Costco Fuel Facility Expansion International School or MN, LLC r + South West Transit North Bus Entry/ Office Addition r .�., In 2019 we saw a 70% _ _ _ PHASE '-� PHASE - increase increase in development projects from 2018 ! Single FamilyHome Development F ,• I7r,11 , . i1 y s i .. A\,,iirk, �I��' �q iNh.,_,. pp,.. ..,„, L 1 ' EDE , h '' J �. —,- Iril■nt- �I�,li��, ' 0.11Ia 1� 1.. L.I I ,...rr�y.!i I 1 Isl:;l -Lll ll IaL_�• ``7-7 : — _-_-- - _ 1 - LIV'•WORK.QREA •H ItrnR E E4ATICN__. L _ 4SI) f� IMF .. rilil I !F III IU. i . .- / I ' IIL=IIIill I. i� , H � 4419 WHITTEY AS'OCIATE$NC. r[NN PHAIRIf,MN ,,,Ili:[)I)I VII[)I'MI'N I' Beverly Hill Sheldon Place Townhomes 17 lot single family detached 10 townhomes consisting of 2 subdivision triplexes and 2 twin homes s I � �.J � "`"`{ ''� V JCS 11 _ ,.} ,I � ,:4,a. -�fie,, r 'T-I I '4 V :..�.alk -,I 14 �: rw>< -- i ' °f iu, . � -, \ fa .A sLI lei -- ;I III ; �' I i'�fs . fi r:' 1 ,,-0,K L ,� ;. s wit' ' k . g F.,, tiiii `"�"K ,�, ' 1In11i 4`'. -5,, tR ;_ 4g 1 'ICJ.' ° Ida s,6„� s a z a r. a Sk''' —s _ rIf: s I I�aa�Lem-- 61m; 1 J `dtiL itit , -r d III!NMI ma's' .. 1 f t n r n i, ar 4`. a ''' - s 1 i ,,I •.I $I ,r,4I ..III Le/, I �I r x i'- �I ""rI .ail ;' it f &14 1 _j71 = []L €1 C31 A"I ,I I ,„ ;.I lc ii E s i :�::m . ��{ ,y '-- _ _ ., € -I wm-I .c 2 L .i Y;j—...-� Miller Property (Highland Oaks) Stable Path 17 lot single family detached 17 lot single family detached subdivision subdivision Castle Ridge 1 17r.11 Redevelopment for mixed- use senior housing, multi family EDE housing and commercial/ retail project PRAIRI LIVE•WURK.QREA Phase 1: 274 Senior Housing Units IR M it lifF o - tor- II id' I' isii " 1 i 71- .40.—„,- : El [it rvi 0.1 . I! id. 1 .. ' Alif 1 It ri imki.v1 „); .:rivio �� t P 5 `' 11 . , _1 or 2 1 11 �� Jr_ii _ ii ; II I 1 -.; I P _ Al 71 -,1! :::; ! atidilla - 1 ii . - -,- Iltillhall1L- "1 _ o Ala la II-a 11:111- li IT 11 • ii.- - A lAiiiii,_ 6 17- - tll V ' -- _ 1 , 1 il Urt i ,� 1 LIU 1 1 .:61.1 W:7 uiL km I LLam ' ' fit Di 1 i r [! .� '' -- -- ... .I a1 -1! I M Lt': H- Pa ravel Apartments 111, Redevelopment at Castle Ridge for multi family housing EDE PRAIRI Phase 2: 246 multi- family units including affordable units. Significant site LIVE•uVURK•QREb amenities provided. _ ___--- sp,.. 4404iiim,„z- . lbw r._. ll [1111 :�, •■U . r uggl, dl iliiilirii 11] 1 im ■ ■ 1BEr:: .i.i. .. hiI�4 11 0 '''"tS 11 . 1 Zt '717'llII f :ram— vof l _I �i_ rti - . � '• € r , - -' ,.,- - Central Middle School Additions and Remodel 2020 Proposal for building additions, interior remodeling and site EDE improvements. PRAIRI LIVE•WURK.AREA Additions of a 700 seat auditorium, new west entrance, gymnasium addition, cafeteria addition, 26 additional classrooms and a new music wing. Public Or a n izatiEDE on Pro ' ects � J �yy/ Nine Mile Creek Watershed District PRAIRI i IMPr� u.: Office Building Addition LIYE•uVURK.QREA ..�� if di,. • City Yard Waste Drop Site Ground Storage Water 5 • Reservoir and Pump Station Eden F GSI. ~' • vananc . : ode Amendment . E D E Reviewed 3 Variance applications PRAIRI Approved 2 code amendments LIVE•WEIRK.LIREA Finalized Parks Rezoning . .-- ,.. ,. 7L,i ' ' A. " ,•40.i4"-.••• ----?-- =,;,...•?At - - •Th.c. e-ya.- -7 i.w ,-,1.11._*.U-5.. .---,."4..,- .. - --i AtTit sev..6 t 1 ,,',.4. •e.. pl, . ,; '047sa • -V.-,,,,- '. ---.---4.4-:.'-g-lio -,A.,_ .4 -s , !:„v... ....,,d. j . ;._ r.3,. , ,::,.._ ,:,...0.4: ..!J.,I.r.,...,,,,.. . -d'• if: lar.- • • . ....":4'f.••••r,:t ` : .--,.- .•."..5 Z• 2,4 .-,7-4,,.f3.' -.:-4 ,I• s:7•t-...:,%i1YI-,.:0-•.Lc''.t,,•.:11t4..-.p.l.1•_!:k A.i...-.::.4...1,..,'.1..4.1,.,,4Ai,7,,,•-.•,.,.4..'.i l,.l.'1 Ii,-.-;.i.7.PL,.Ci w.)1a:.7,.t,_.--4.1,i-'2k. _• ,.„_ . , 4...9= ',!•.:..i.,,,,,, 1I,7: ,i..:. .,1 ...;..'.,-..'.,1"-::,".....-,...4._,11.•.:.,,.4''..6-,..1-...,.1;.;0._..=,•4,1p;. rI .:-.. • - , , , • ' W'''':.--- • ,- .6- . . .:-• 7:- - 7e-_•......,•*--=. -- - :.''''/-,'; ''' •. ••411: 4i..•'• • P,:-,-,' ---eri-.-- 41L-----.77. :-7"'-'%"4---.-'''':-• IN--, -- - . _ V* ---- -.,nr--..togit.... ..i--.1.-:..:,c,,,, ".ift‘7,--,.. -•__:. .. . , ... - % t • -• - ... _ 1... . • . I. A 12. . ::t''•- ••Ilt,NR, .• . ..'Ilk +dot iiiiii rif lb-. . . A!; ..°••CC. 'n1r, • ., -„uir,...., ... . '.II!.• ..I.•N . . . b:W•li"•'••••...-- ._1.411a.„40. . . NY . Pi. . • • • ' ,Sh'-•_h..1.4,'•. 1' A......-• • - - • I i ` ith •. fiPt ;..,-.: •.•. .• .,:. ... .•-_,,,. .. . ,• -.1.'3 0 t . 'r.. •• . • -,. 44.ILL'. ..... ':•... ',ilk:''.ri-i.a'''jir'. -.' .f.4`;"...1tft.,' 0; .... .. N. ; ...r. - .e..1.-.1... P'•...q..•. '• - . Ai . i r it •• -- :,..i4 ---. ...A... I...:. ,. :,fr• .e- :1 .. ..Akv.i.t7r, - • ••.• i ..-•...,- .-7, . • . ..._ ... .-- - A, -4 . 1 At .• ..... . .._ - — '-'• '2.: - 1-••• ..i. • :-...: ..... • - [ sen Prairie 2040 .4„0,.., f.. 7:11 Aspire Eden Prairie 2040 was APPROVED by the Metropolitan Council; City Council final approval on October EDEN St PRAIRIE 1 , 201J• LIYE•WORK'OREAM "- _ Air �* .3 ` f rr. - j ! ! = EDEN PRAIRI[ __ TIP . 4., ■ ■ / �k� n■■ '� ,111 0 - , lic: 4, - lir . , • lb- -.)K .Wil - 'I' 4. • likt :-i As pi R . .._ _, . \ :.� EDEN DRAIRI P � -,---_-,-1 �A �' _:- - + 2020 Work Plan .,'.1 Initiatives for 2020 EDEN i•li • II .h. III II 1' . 1 I' 1 PRAIRIE • Development Project Applications i ., . ,��„i 4 � LIYE•uVURK•DREAM _.........--:-r_ A- • Aspire Eden Prairie 2040 Implementation Y • Code Amendments / '"' AtPIRE • Aspire Implementation EDEN PRAIRIE 2040 • Code Maintenance Y I a . .. • Commission Training Curriculum - * 1. .,.;. . ' .; - x Questions ? EDE PRAIRI LIVE•WURK.QREA 1 i ` — S J. _ f , Rl. -y.l .4.3 L K t•• <: 7 ,, ur. .,� %w�a -i Ma +�� i 1 A is ti I` ++ • r,4! kn 1 I J4 - :i itriti.``ai f.'._• h.• 4.,,_•}, r`.a ay?. i`. y,,' . ' 4~� ` 1 r fir... f.; ....:urt..d. r .-' 'itis1. �'.. .-4 =.1.it-•ti t'�x ') . I. F •' •'1 77- I Human Rights and Diversity Commission CITY COUNCIL UPDATE 2020 WORK PLAN Human Rights and Diversity Commissioners Greg Leeper, Chair Rehmatbai Sumra I, Shahram Missaghi, Vice Chair Tyler Aman Sana Elassar Asad Aliweyd 0 Katherine Lucht Philip Skeie Leslie Philmon Megan Yerks, Staff Liaison Student Commissioners • Caprice Steidle • Nicole Mayer • Najma Ali • Stavan Bhakta HRDC 201 9 Highlights Kickin ' It with the Cops In partnership with Eden Prairie Police Department, Eden Prairie Fire Department and Eden Prairie Park and Recreation Eden Prairie Human Rights Awards Native American Heritage Month Social Media Posts in partnership with Eden Prairie Communications Department HRDC 201 9 Highlights PeopleFest! A Community IMF 11111 isw new! - Celebration of Culture . in partnership with Eden Prairie Chinese Association, - Eden Prairie Community Foundation, Eden Prairie } I Schools Community Education, Hennepin County "�1i 1 �z , P44 - .EFr a,. I Library, Interfaith Circle and others. �� p t F I � �, o. EP r 4' Community Conversation Series ;; • -dis Ep ili ,- ; I 1 tCulture N Motion r , ZT ili ii 1 in partnership with Eden Prairie Community �_ { ' Foundation and Eden Prairie Community Education r� 1 1 1 i _ Peoplefest! Planning Committee, August 2019 Listening the Community ► ira . Census2020 Outreach- Steve � �,Durham , Eden Prairie City4I k . , I Planning Department �� ._ ° -'0- SupportingSurvivors of Human , kr V) Trafficking- Christine Erickson , (� :y. ' yr ! f .. s� Grace Church - � r. Social Justice Theater- Shelley = . Smith , Chain Reaction Theater Eden Prairie Culture ` N Motion, October 2019 Listening the Community f' Disability Access- Ken Rodgers, y4 s . ~ ° DisabilityAdvocate $ _ay 3 t w i ,r sr F }, ,_ ix k f _ 3- yr: ,: x ADA Transition Plan for the Right of � = ,i ww: Way - Robert Ells, Eden Prairie -� � r Public Works Director F, , 3 - Indian Independence Day *� Celebration - Ladybirds of India Kickin ' It with the Cops, July 2019 P.� Goals - Promote inclusivity by creating spaces ,, ' ---t:, - .,. IIIn 0 for members of our community to connect rt¢i 9,,�,=,: ; '� Increase listeningavenues within the ii ruma:::.!-" "1 community in order to advise City H ii:.fl.l 11��a4„[i iI M1bMnn ,1DM!lnn • � mnuq nurl[�Hn 'yp'uiIiiinV i 41 z _ Council of successes, community 0'F.iff b. needs and concerns. _ Enlist the cooperation of organizations A. 1 p g and individuals in the community to promote awareness and Human Rights Award Winners, May 2019 appreciation of the City' s Manifesto HRDC 2020 Initiatives Collaborative Community Events = 77-- r Passport to PopCulture � ► Eden Prairie Iftar Dinner 1 " , . "'E L-,2 i, � .. /IP .' '�- � 4 , 4...) ,-, 1/ - , Stop the Trafficking 5k 1 - e ► Kickin ' it with the Cops (*lit di. 111 1_14, ' . PeopleFest! A Community Awr .,: . ... Celebration of Culture Ararilillinkl'. ' . ► Culture ` N Motion Fire Department Open House, October 2019 . HRDC 2020 Initiatives .,.c.,._,,,, . ...:::.!... f. ". .. . jai.., . „__ •' ` t. 1 2020 Subcommittees `~ r� F N .. , } _ ,R Census 2020 Outreach ...._:_____ 1ask.- I. 0 �4 i Police Community Relations i. itOn Eden Prairie Er Hnan n•gm. V 7 r re -, Q °,� ;; Additional Initiatives - , . , .,.,, . ,I.,1. 77.,. %./6_,4, (4) 4 ► Support victims of bias crimes and i -' �•• • ..; arapnan • • • � � � �—� review alleged ADA violations PeopleFest! Party August 2019 g J QUESTIONS OR FEEDBACK ? PARKS , RECREATION & NATURAL RESOURCES COMMISSION 2019 ACCOMPLISHMENTS 2020 WORK PLAN EDEN PRAIRIE Commission Members • Larry Link, Chair Student Representatives • Patrice Erickson, Vice Chair • Shay Ginuga • Cecilia Cervantes • Riley Marble • Kim Harris • Tanay Salunke • Andy McGlasson • Zachery Spears • Leonard Pesheck • Simon Vergara • John Rahman • Ken Ross • Kirk Spresser 2019 ACCOMPLISHMENTS Staring Lake Park Building Participated in design process l" 11. m. al l-R 11 ir — r it. Ile" 411111111r- - JP' It 40011.• r , LA.allin•mast. [ all 1 [A _.1. ini WY Il i -1 wow WI! s.' ter - - __ — J . ,- .11.• .41, -Aii. ‘ Marketing Efforts Learned about concepts and gave feedback ➢ Targeted social media efforts ➢ A new free-standing kiosk advertising Staring Lake amphitheater events ➢ Astreamlined program brochure �'�' • LETLC5 ME SO glom Xem 1 &floe P's"' ��s r Abu' p($ PARK FACILITIES -""4 � � r ,,, ;;"°,,., swim Ow ...• 9.� . PARK FACILITY RENTAL 004 "Am.i nge'ti c.y•'r:%.n 04.4 K64...1•111MI=NNE.remit mai PARK FACILITIES ' =" -�� 4 _c..�.._ c.s.a+4 Ir.I...».. pV1 lFiw'F/ ' 'r""u o.�"°"`• If *WO°ww °�' �+��-- _ Renick w....r..u..r... wpmv�'c�, w0+• � .Part it WAN. ■11. RIM n.a_n W.v..n�CM clew 4' w .6rtJIWr•w PFM�.• »�W� f�M,VINMsti.� • -- w./� 4f1 J ' .w.dY.rrq..r.lar Ir..�yV+rr �. wl.w•5 � � - Vr F" '"� pER it r�iIS•041�r r....ar� cr �..".__rwc._ . Imo ^ryr�'t `.1�^� �� PS!lrrr .w,sn..ar.�n..�� '____��^^t* wlr r/.'"rf+ r`A+ ..W �.- il.waOISE1�rr.r.r rw.w•ro .a'wow c.r. !"� 1■ +l.b�°!' wra►ww _ M'�+ .r* r"'►� s��yaL L � '.� CMTWOr CA.drr wnwLr COME Mw o..�� „a+M' mow• w� — h.sl..,.� INS la maw wi+►'r"r+' ._,,..r-r�"�•M''. •is•..aw p ome tiam.:a r SPECIAL USE AREAS sa.rr MILLS US!! crlrrwti � ire.�.~ n -_ J .•. vr..r.rw ■aymarbo. �� •�ar 1 STD SKATING RINKS .K▪ . Sri •!"•rOr• ow. rrA ' A. .,� =� 4 P![1C4#RR[L •Y.wrr+f.1 MOM. EM �Ilrk COURTS c.c Pu!/r.IA. •.a17+,.. Ww wnr..es.�Y�r�r r.rrwl uaYr Tr. aa-M irv...��.�.� rw rr.Yr.._ .,.r.W wrw+1 CI �KI TRAIL Expanded Public Art Offered support and feedback > Including 4 new storage box wraps > A mural at the MN River Vista tunnel > A mosaic tile installation at Staring Lake Park building _ - -- - . - - ter►.- ' v- � •� � � a ' r oil, Emerald Ash Borer Received updates and commented on proposed strategies 1 1ci..ifriiii. e0.,...%g.Oat. - 1. ,.1':.. , EAB Infestation Tracking Map :00� • A\ r ... . . . . . • EDEN - -EMERALD ASH BORER PRAIRIE 4� f,_ak .. Legend h _ ~ • knfes:ed Ash-2019 - f' ` l a • 1 •• lnfesred Ash-261B �' {'• • • 4 Infested Ash-2EH7 i • 7 1 I 1 e Infestation Buffer 14 artNumber of trees 0 , 11_1, ;.4. „ i tI -•• f rl �f -.1 it . . • Map creatad on us 2O20 marked for removal 2019-125 . .fr. -e• 2018-12 t. � i 2017-22 � ° • /A . 441. . . • - . 1 I — • s Community Center Improvements Learned about and reviewed improvements > New Pavers along with upgraded .4� ;. Benches, Trash Cans, Equipment and Tables " } +•1 � ,_�►i r ➢ Electronic Sign Board . : E�EMPRAIRIE 4 -... ,.. i►, [aM.DEu. Y CENTER • i i ( . Edei Prairie _ i `' 47' 1 4 4 el gli j -- fi•r rr r _ y` ! •�-_4 *Fr - a if - IV/di N,.lea. r u+.*- 1 4 ■ Technology Improvements Received staff presentations ■ > New Scheduling Software > Customer Service team utilizing One Note > Additional license for door security software > New User Interface for RecTrac E > Public Wifi at Round Lake Park 01% o °W�1Work OneNote 2020 GOALS & PRIORITIES Parks and Recreation Strategic Plan - responding to change Continue to assist staff/ review document Public Input • Initiated in 2019 Data ,a. Information • Finalize in 2020 History Limit .doill Recommendations 1C )1 Analysis Trends‘::: ok IS' Charts Photos Expand the PeopleFest! Celebration Provide feedback and assist at event > Build Awareness, Partnerships & Attendance > Stipends to Performers ( Expand Diversity & Quality) > Broaden definition of Culture (Abilities, Identities, Traditions) - U 1 b v -� Peo l e Fest! Part -. is ) _ _._�.. �-. Attendance r , - „ . ) ; 414/ 4 2_,:r7 il 1 - ��,�- . 2018 - 350 tY /i Outreach Efforts to Underrepresented Populations Continue to analyze and give feedback > Expand free targeted events .',„; ..- ' „4104'-' > Passport to Fun Fee Assistance Program -, (maximize marketing and ease of use) Y - ti .4 > Expand marketing methods ,40 i of all free seasonal events .:..--_.it , --t - ' i 14, ' 3: t' , . Vitergi y ' ' .` er..-- iii , ' "71 i .14 ' lov, e,-1.- -. 0 , . - oit, 44 „. _ ,, ' ‘,‘ % ,g‘ .''T ' . - Vlf y y t r r - Trail Connections Review designs / help establish priorities 1. Anderson Lakes Pkw ""' p ; . - _ ; _ '7 '6 - ''- -- - a 1 M • � r and Martin Drive _ - .r. Wt.. ,, o , -T, a M w' - t{ -.....IN'. 4'. -I 7 , : , ' 1. V s 4i. . - -. —— ' r:. - - -- �- - - • 1 -� r' I - L'• 7 .- .'. .i. i .... '' -.3 • -To," is\ k•......P... -....• - • .--1 - N OR ° t . iy Reconstruction projects - W 168th Ave and Twin Lakes Crossing Equity & Inclusion Efforts Assist staff with strategies and efforts > Adaptive Brochure i �.,+ > MS Aquatics r" ➢ Parkinson 's Prevention programs : = ➢ Punch Passes for specialty programs -_ --~ • -„- - --. --- _ L.*: ...$ - lirAo. [AI _ -- 1 ;dr et. c , ... 1 Ili _ 111' lik ~ 4 ' 4. Over 50 adolescents and young adults with I disabilities currently participate in specialized Y ii adaptive recreation programs (representing Y �" 466 registrations annually) Y Increase Marketing Footprint and Enhance Communication Channels Review staff proposals, efforts and offer ideas EDEN PRAIRIE > Develop Community Center's Wifi system PARKS AN❑ RECREATION II ON[ SURCH'RCL�STER PROGRAMS L�i�CMORR POLiC ES COM iRCT US Mae.•.GwY�. � .. ➢ Marketing Splash PagesalffeW R"""""`""" ➢ Develop Strategic Marketing Plans for: �- r ➢ Outdoor Signs prn,:i 174 ; � rirl ➢ Public Wifi ➢ Individual Program Areas - •C I TT .;;r_v ' ye '% - EDEN PRAIRIE �,f > Strategic Plan .�r COMMUNITY CENTER '- ill — Welcome tothe r = Eden Prairie „F Community Center 16700 VALLEY VIEWILOAD 4 QUESTIONS ? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,FEBRUARY 4, 2020 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 Maggie Neuville, 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 $350 FROM ELIM SHORES FOR SENIOR CENTER(Resolution) B. ACCEPT DONATION OF $400 FROM HOME INSTEAD SENIOR CARE FOR SENIOR CENTER SPECIAL EVENTS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 21, 2020 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 21, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CODE AMENDMENT FOR R1-9.5 SIDE YARD SETBACKS by City of Eden Prairie. Second Reading of an Ordinance to amend City Code Chapter 11 relating to side yard setbacks in the R1-9.5 Zoning District; Resolution approving Summary Ordinance (Ordinance; Resolution approving Summary Ordinance) CITY COUNCIL AGENDA February 4, 2020 Page 2 C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE D. APPROVE THIRD AMENDED AND RESTATED LEASE WITH EDEN PRAIRIE HISTORICAL SOCIETY FOR CUMMINS-PHIPPS-GRILL HOMESTEAD PROPERTY E. AWARD CONTRACT TO DMJ ASPHALT INC. FOR REPLACEMENT OF TENNIS COURT AT RICE MARSH LAKE PARK F. ADOPT RESOLUTION APPROVING PROPOSED FEES FOR PLEASANT HILL CEMETERY BURIALS AND COLUMBARIUM NICHES G. APPROVE LCDA GRANT AGREEMENT FROM METROPOLITAN COUNCIL FOR PARAVEL APARTMENT PROJECT H. AWARD CONTRACT FOR YARD WASTE SITE PROJECT TO PETERSON COMPANIES,INC. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION OF SUPPORT FOR MANAGING WATER FLOWS IN MINNESOTA RIVER BASIN THROUGH INCREASED WATER STORAGE AND OTHER STRATEGIES AND PRACTICES XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. 2020 Mayor and Council Member Priorities B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL AGENDA February 4, 2020 Page 3 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 ANNOTATED AGENDA DATE: January 31, 2020 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, February 4, 2020 TUESDAY, FEBRUARY 4, 2020 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $350 FROM ELIM SHORES FOR SENIOR CENTER(Resolution) Synopsis: The Eden Prairie Senior Center offers a wide range of classes, trips and activities for the interest of adults of all ages. This donation will help to keep the registration prices low and affordable for all to participate along with providing a great experience and prizes. MOTION: Move to adopt the Resolution accepting the donation of $350 from Elim Shores for the Senior Center special events of Shredding event, Summer BBQ and Golf Classic. B. ACCEPT DONATION OF $400 FROM HOME INSTEAD SENIOR CARE FOR SENIOR CENTER SPECIAL EVENTS (Resolution) Synopsis: The Eden Prairie Senior Center offers a wide range of classes, trips and activities for the interest of adults of all ages. ANNOTATED AGENDA February 4, 2020 Page 2 This donation will help to keep the registration prices low and affordable for all to participate along with providing a great experience and prizes. MOTION: Move to adopt the Resolution accepting the donation of $400 from Home Instead Senior Care for the Senior Center special events of Shredding event, Golf Classic and Veterans Breakfast. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 21, 2020 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 21, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. CLERK'S LICENSE LIST B. CODE AMENDMENT FOR R1-9.5 SIDE YARD SETBACKS by City of Eden Prairie. Second Reading of an Ordinance to amend City Code Chapter 11 relating to side yard setbacks in the R1-9.5 Zoning District; Resolution approving Summary Ordinance (Ordinance; Resolution approving Summary Ordinance) C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE D. APPROVE THIRD AMENDED AND RESTATED LEASE WITH EDEN PRAIRIE HISTORICAL SOCIETY FOR CUMMINS-PHIPPS-GRILL HOMESTEAD PROPERTY E. AWARD CONTRACT TO DMJ ASPHALT INC. FOR REPLACEMENT OF TENNIS COURT AT RICE MARSH LAKE PARK ANNOTATED AGENDA February 4, 2020 Page 3 F. ADOPT RESOLUTION APPROVING PROPOSED FEES FOR PLEASANT HILL CEMETERY BURIALS AND COLUMBARIUM NICHES G. APPROVE LCDA GRANT AGREEMENT FROM METROPOLITAN COUNCIL FOR PARAVEL APARTMENT PROJECT H. AWARD CONTRACT FOR YARD WASTE SITE PROJECT TO PETERSON COMPANIES,INC. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION OF SUPPORT FOR MANAGING WATER FLOWS IN MINNESOTA RIVER BASIN THROUGH INCREASED WATER STORAGE AND OTHER STRATEGIES AND PRACTICES Synopsis: The Minnesota River Congress is spearheading an initiative to secure significant funding by requesting a bill in the state legislature that would create a realistically adequate pool of money targeted specifically for surface water storage. The envisioned program and funds would target the Minnesota River Basin and potentially other Minnesota basins where applicable. Funds would be directed for implementation to Soil and Water Conservation Districts, Watershed Districts, and landowners. The resolution supports efforts of the Minnesota River Congress, multiple partners and cooperators to work with local, state and federal lawmakers to create a voluntary government initiative. MOTION: Move to adopt the resolution supporting managing water flows in the Minnesota River Basin through increased water storage and other strategies and practices. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS ANNOTATED AGENDA February 4, 2020 Page 4 1. 2020 Mayor and Council Member Priorities 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: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation for Senior Center Special Events IV.A. Parks and Recreation from Elim Shores Requested Action Move to: Adopt Resolution accepting the donation of$350 from Elim Shores for the Senior Center special events of Shredding event, Summer BBQ and Golf Classic. Synopsis The Eden Prairie Senior Center offers a wide range of classes, trips and activities for the interest of adults of all ages. This donation will help to keep the registration prices low and affordable for all to participate along with providing a great experience and prizes. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$350 to be used for the Senior Center Special Events: Shredding event, Summer BBQ, and the Golf Classic from Elim Shores hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 4th day of February, 2020. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation for Senior Center Special Events IV.B. Parks and Recreation from Home Instead Senior Care Requested Action Move to: Adopt Resolution accepting the donation of$400 from Home Instead Senior Care for the Senior Center special events of Shredding event, Golf Classic and Veterans Breakfast. Synopsis The Eden Prairie Senior Center offers a wide range of classes, trips and activities for the interest of adults of all ages. This donation will help to keep the registration prices low and affordable for all to participate along with providing a great experience and prizes. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$400 to be used for the Senior Center Special Events: Shredding event, Golf Classic and Veterans Breakfast from Home Instead Senior Care hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 4th day of February, 2020. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 21, 2020 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, Fire Chief Scott Gerber, 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 Maggie Neuville, and Recorder Katie O'Connor CITY STAFF: Workshop -Heritage Rooms I and II(5:30) L COMMISSION WORK PLANS A. CONSERVATION COMMISSION Acting Mayor Aho called the workshop to order. Absent from the workshop was Mayor Case. Anna Anderson, Conservation Commission Chair,presented their 2019 accomplishments. In 2019, the Commission staffed the Chamber of Commerce Home and Garden Expo, the Arbor Day Green Fair, and the Minnesota State Fair Eco Experience booths. At the booths there were discussions of energy and water use reduction, Home Energy Squad, smart irrigation, energy efficient ice arenas, and hybrid electric utility trucks. The Commission also participated in the City Park Clean Up Day. Commission Members provided input and support for the Climate Action Plan, a workshop with students, Sustainable Eden Prairie Awards, Energy Action Plan, and participation in the Metro-wide Environmental Commission Meeting. They participated in opportunities to learn such as researching Climate Action Plans, touring the water treatment plant, and holding a joint meeting with Parks, Recreation and Natural Resources Commission. The Commission continues to maintain many partnerships, and would like to consider ways to continue partnering with previous Sustainable Eden Prairie Awardees. Anderson provided an overview of 2020 goals. The Commission plans to continue with current events, with the addition of Schooner Days parade, 4th of July Celebration, and City-wide Open House, and focus on zero-waste or reduced-waste. The Commission worked on providing educational materials for a kiosk at the Eden Prairie Center for temporarily display. They will continue to contribute to support City Council Workshop Minutes January 21, 2020 Page 2 Sustainable Eden Prairie, the Solid Waste Management Plan, and the Climate Action Plan. Their priority is to learn more by taking tours of Fire Station 2, Eden Gardens, Elim Shores, and People Reaching Out to People (PROP's) food waste reduction. They also plan to hold joint meetings with other Commissions, check in with Sustainable Eden Prairie Award winners, and encourage partnerships. Freiberg inquired what the difference is from cities that are considered ahead of Eden Prairie's initiatives. Anderson responded there is more participation with subcommittees and volunteers. Some cities move forward more quickly and are quick to adapt new procedures. Aho added the Council would support the Commission utilizing volunteers if they have a specific project. Narayanan encouraged the Commission to consider what goals they could achieve if they utilize volunteers. He inquired if there are any aspects the City is lacking in conservation. Anderson commented the Climate Action Plan was one of the major topics of interest for Commission Members. Nelson commented other topics of interest are organics management and providing education about lake shore maintenance. Aho inquired if the Commission has met with the watershed district. Anderson stated members of the Commission have met with them but not formally at a Commission meeting. B. FLYING CLOUD AIRPORT ADVISORY COMMISSION Keith Tschohl, Flying Cloud Airport Advisory Commission Chair, and Bob Barker, Vice Chair,presented an overview of the Commission's 2019 accomplishments and 2020 goals. In attendance was Blaine Peterson, Metropolitan Airports Commission (MAC) Airport Manager, and Jennifer Lewis, MAC representative from the stakeholder engagement office. Last year the Commission advised on operational changes at the airport, including activity related to the 2019 Final Four tournament. The Commission received updates on Ordinance 97 violations, and they continue to engage with constituent groups who attend Commission meetings. Commission Members attended open house events at the new airport viewing area. In 2019, specific Commission goals were to look at the development in law changes and regulations regarding drones. Mobile and web-based applications are now an available option to obtain authorization through Low Altitude Authorization and Notification Capability(LAANC). Airspace of about four nautical miles, centered over the airport, requires authorization. There is a possibility of seeking authorization for fixed sites. Nelson stated she assumes this is more of an issue for the larger groups and frequent users. Tschohl responded hobby groups are very familiar with the law. Aho added this allows hobbyists such as real estate agents to photograph properties or to do their job more easily. Freiberg inquired about Amazon delivery and how commercial permits are handled. Tschohl responded the Federal Aviation Administration(FAA)published an article about the desire to expand of the law. The hobbyists could become frustrated over commercial traffic and less availability for their use. City Council Workshop Minutes January 21, 2020 Page 3 Narayanan inquired how this information is provided to residents. Tschohl commented the City website provides links to MAC and should also include links to the FAA. Barker stated due to changes in regulations, it would be best to provide those links. Nelson inquired if the Commission could research which parks allow hobby flying. Aho agreed signage would be helpful. Lotthammer stated City Code does not allow hobby flying in parks. Tschohl stated the Commission met with airport staff and fixed based operators. In 2020, the Commission goals will remain largely the same with the addition of engaging MAC as they develop the Reliever Airport Visioning Study and monitor developments in federal noise regulations and measurement methods. The Commission tentatively will tour Flying Cloud Airport in April. Nelson stated a continuous reminder to MAC would be helpful about the noise levels and not increasing the length of airport runways.Narayanan inquired if there is a more scientific way for MAC to collect noise data with greater accuracy. Tschohl stated the challenge would be noise standards are typically determined over long-term average. Another challenge for accurately measuring noise levels is all the surrounding noise. Tschohl stated operations increased in 2019,primarily due to flight training operations. Local visual flight rules (VFR) flights increased, itinerant VFR flights increased, instrument flight rules (IFR) operations increased, and it was the first year there were over 100,000 operations since 2011. Flying Cloud is the second busiest towered airport in Minnesota. Fixed base operator(FBO) fuel flowage increased by three percent. There was a 26 percent increase in noise complaints, but the geographic distribution is essentially the same as previous years. Aho inquired about safety concerns or changes. Tschohl stated in terms of incidents, the airport discussed cameras at the ends of runways or a jog in the taxiways. Barker stated these would be solutions to prevent wrong runway use. Peterson noted there was one incident of someone who had entered the runway by accident. There is still some education that can still be done to prevent this. C. HERITAGE PRESERVATION COMMISSION Steve Olson, Heritage Preservation Commission Chair, presented an overview of the Commission's 2019 accomplishments and 2020 goals. In 2019, they were awarded the Certified Local Government Scholarship in the amount of$432 for attendance to the annual preservation conference. They were unsuccessful in securing the State Cultural Heritage grant for Cummins-Phipps-Grill upper-level renovations. Street sign sales totaled$4,983, and those funds may be used towards future preservation projects such as the Flying Red Horse. In 2019, the Heritage Preservation Award was awarded to Kathie Case. True Friends is looking into window replacement at Glen Lake Children's Camp, and the Certificate of Appropriateness (COA)will ensure City Council Workshop Minutes January 21, 2020 Page 4 those changes will be historically compatible. Commission Member Thorp worked towards completing the local heritage preservation designation of the Yorkville and Bloomington Road. A resource management plan will be created to maintain it. A subcommittee worked on designing interpretive panels for the new ground storage reservoir. Recently, the Commission reprinted the Daniel Hoisington Eden Prairie Heritage book. In 2019, the Commission worked on enhancing their page on the City website, they staffed events such as Fall Harvest Celebration and Peoplefest!, and they took photo inventory of old service station at 7960 Eden Prairie Road. In 2020 the Commission plans to collaborate on work for the upstairs of Cummins-Phipps- Grill House, complete the preservation and vegetation plan for historic Yorkville and Bloomington Road, and continue vetting solutions for the Flying Red Horse. Narayanan inquired if it is possible to ask for bonding funds for Cummins-Phipps- Grill House. Getschow commented it is unlikely to prove regional significance for funding. Nelson inquired if the Flying Red House has been considered for public art by the light rail stations. Getschow stated the Eden Prairie Mall,parks, and light rail stations have been considered. Jeremiah added Eden Road has also been considered and is still being pursued. Olson stated in 2020 they will continue designing interpretive panels, collaborating with the Historical Society and City's staff to present oral histories on the City website, and coordinating the Heritage Preservation Award. Narayanan inquired if the Historical Society planned to do oral histories from different groups. Lindahl, Heritage Preservation Commission liaison, stated the project was started about five years ago, and there was a total of 20 interviews. The interviews are still being transcribed, and the audio is being adjusted. Nelson noted it would be interesting to feature Molly Koivumaki as well. Open Podium - Council Chamber(6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 21, 2020 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 Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Acting Mayor Aho called the meeting to order at 7:00 PM. Mayor Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $1,000 FROM EDEN PRAIRIE LIONS CLUB FOR OUTDOOR CENTER(Resolution No. 2020-18) Lotthammer reported we have received a donation of$1,000 from the Eden Prairie Lions Club to support the programs offered at the Staring Lake Outdoor Center. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2020-18 accepting the donation of$1,000 from Eden Prairie Lions Club for the Staring Lake Outdoor Center programs. Motion carried 4-0. Aho commented the Lions Club is very supportive of our community. B. ACCEPT DONATION OF $250 FROM SENIORS HELPING SENIORS FOR GOLF CLASSIC (Resolution No. 2020-19) Lotthammer reported Seniors Helping Seniors have made a donation of$250 for the Senior Center Golf Classic. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2020-19 accepting the donation of$250 from Seniors Helping Seniors for the Senior Center CITY COUNCIL MINUTES January 21, 2020 Page 2 Golf Classic. Motion carried 4-0. C. DR. MARTIN LUTHER KING, JR. PROCLAMATION Acting Mayor Aho read a proclamation declaring 2020 as a year to celebrate human rights and diversity and to recognize and celebrate Dr. Martin Luther King, Jr.'s dream. Human Rights & Diversity Commission Member Sana Elassar announced the start of the Human Rights awards for 2020. The award will recognize those who are instrumental in promoting human rights in the Eden Prairie. The four categories of awards are individuals,youth, non-profits, and businesses. Applications are available on the Eden Prairie website, and applications for the awards will be accepted until February 28. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Narayanan, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 7, 2020 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 7, 2020 MOTION: Narayanan moved, seconded by Freiberg,to approve the minutes of the Council Workshop held Tuesday, January 7, 2020, and the City Council meeting held Tuesday, January 7, 2020, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 10197 EDEN PRAIRIE ROAD by Perry Ryan. Second Reading of Ordinance No. 2- 2020 for Zoning District Change from Rural to R1-44 on 1.5 acres (Ordinance No. 2- 2020 for Zoning District Change) C. AMENDED AND RESTATED DEVELOPMENT AGREEMENT First Amendment to Access Easement and Maintenance Agreement; First Amendment to Encroachment Agreement for private use of public property for Smith Village D. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5,RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION CITY COUNCIL MINUTES January 21, 2020 Page 3 E. ADOPT RESOLUTION NO. 2020-20 APPROVING MNDOT COOPERATIVE CONSTRUCTION AGREEMENT FOR TRAFFIC MANAGEMENT SYSTEM AND SIGNAL OPTIMIZATION PROJECT F. ADOPT RESOLUTION No. 2020-21 APPROVING APPOINTMENT OF ELECTION JUDGES FOR PRESIDENTIAL NOMINATION PRIMARY G. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS MOTION: Nelson moved, seconded by Narayanan, to approve Items A-G on the Consent Calendar. Motion carried 4-0. Aho reported Mayor Case is absent tonight because he is attending the National Mayors' Conference. IX. PUBLIC HEARINGS/MEETINGS A. CENTRAL MIDDLE SCHOOL ADDITIONS AND REMODEL 2020 by Eden Prairie Public Schools. Resolution 2020-22 for PUD Concept review on 57.4 acres; First reading of an ordinance for PUD District amendment with waivers and Zoning District change from Industrial, Rural and R1-22 to Public on 57.4 acres; Resolution 2020-23 for Preliminary Plat on 57.4 acres (Ordinance for PUD District Amendment and Zoning Change; Resolution No. 2020-22 for PUD Concepts; Resolution No. 2020-23 for Preliminary Plat) Getschow explained the applicant is requesting approval to remodel and construct several additions at the Central Middle School (CMS). The property is located at 8025 School Road behind the School District's Administrative Services Center. The school district owns 57.4 acres, which includes the Administrative Services Center, the middle school, and outdoor athletic facilities. The applicant is proposing approximately 82,000 square feet of additions and 50,000 square feet of remodeling. Jason Mutzenberger, Director of Services for Eden Prairie School District, explained this is a project to make needed improvements to a 1959 building. A bond referendum was brought forward in 2018 to fund the plans for School District building improvements. He introduced architect Michael DeVetter with DeVetter Design Group and Jay Pomeroy with Anderson, Johnson&Associates. Mr. DeVetter gave a PowerPoint presentation reviewing the additions and remodeling plans for CMS. The project includes a theater addition on the west, a gymnasium on the south, a cafeteria addition on the east and a classroom addition to the north of the cafeteria. He explained the west side of the school building will now be the activity side. He noted there will be a variety of traditional and open classrooms and labs in the remodeled building. He reviewed the building elevations and the bus corral located on the east side of the building. He explained the exterior building materials to be used, and noted the materials chosen will provide a contrast to the existing brick. Mr. CITY COUNCIL MINUTES January 21, 2020 Page 4 Pomeroy reviewed the site plan and the traffic flow for vehicles dropping off and picking up students. Aho asked if there will be parking for buses only on the bus corral side of the building. Mr. Pomeroy replied there will be parking available when buses are not there, for example,parking for events. Narayanan asked about the amount of queueing space in the front of the building. Mr. DeVetter responded the queuing space by the theater is very important. There will be a community room next to the theater with a glass wall that opens up for more space. Narayanan asked if the new gym will be too far from the theater to be used as additional queuing space. Mr. DeVetter replied it could be used, but it is quite far from the theater. Nelson appreciated having another auditorium available in the community. It will be good for kids,parents and for other groups in the community. Aho stated, as a City Council, we are always very concerned about school safety and asked about the safety improvements planned. Mr. Mutzenberger explained there was funding included in the School District referendum for safety and security improvements. Secure entrances are the primary focus throughout the School District buildings. They will have additional security cameras and will have lock down areas in the CMS building to provide additional layers of security. Aho noted there has been a lot of discussion and thought about security, and we always need to be mindful of security. Narayanan asked about the displays the proponents brought. Mr. DeVetter explained the sample exterior materials on the displays. Nelson asked if they have taken steps to avoid the heating and cooling issues encountered with the additions at the high school. Mr. DeVetter responded all of the new additions will have new mechanical areas. The School District has upgraded the heating and cooling systems over the years, and they will address specific areas where there have been problems. Nelson asked if the glass used on the building additions will be energy efficient. Mr. DeVetter replied the glass will be insulated, high performance glass on the south and west areas. Nelson expressed her hope the remodeling plans will help with the long lines trying to get out onto the road. Aho commented it sounds like the City will have to work with the School District on traffic issues when the project is complete. We may need to make some traffic improvements on Scenic Heights Road once we see the traffic patterns. Mr. Mutzenberger reported a traffic study was completed with different scenarios when they decided to add another grade level to CMS because that will cause additional traffic at the school. Aho asked about the overall amount of parking. Mr. Pomeroy said parking was actually reduced in terms of the total number of parking stalls. CITY COUNCIL MINUTES January 21, 2020 Page 5 Freiberg asked Public Works Director Ellis if he felt comfortable with the School District plans and if we have contingency plans in place. Ellis replied staff has done an analysis of a number of options for what traffic will do. We will see how parents respond to this; however, there are alternatives available. Aho noted good signage will be important with the reconstruction of the building and will help with the traffic flow issues. Freiberg suggested it would be a good idea to have a public communication campaign regarding the traffic flows. Mr. Mutzenberger replied they are working on communication plans. There were no comments from the audience. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing; to adopt Resolution No. 2020-22 for Planned Unit Development Concept Review on 57.4 acres; to approve the first reading of the ordinance for a Planned Unit Development District review with waivers and a Zoning District change from Industrial, Rural and R1-22 to Public on 57.4 acres; to approve Resolution No. 2020- 23 for preliminary plat to combine multiple parcels into 1 lot on 57.4 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. Aho asked about the timing for the project. Mr. Mutzenberger replied they will have the groundbreaking early this spring, and will start with the east side of the building. The project will wrap up by the fall of 2021. B. CODE AMENDMENT FOR R1-9.5 SIDE YARD SETBACKS by City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 11 relating to side yard setbacks in the R1-9.5 Zoning District(Ordinance) Jeremiah gave a PowerPoint overview of the amendment and explained the language regarding side-yard setback requirements within the R1-9.5 zoning district is cumbersome and unclear in our current code. The proposed code clarifies the language and includes setback requirements in a table for ease of reference. Staff believes the change will avoid the need for many waivers. Freiberg asked about the amount of R1-9.5 land involved in the City. Jeremiah said there is quite a bit, and we are encouraging this district in order to allow more clustered housing. Freiberg noted that is important, and the cost of land is forcing this to happen. There were no comments from the audience. MOTION: Freiberg moved, seconded by Narayanan, to close the public hearing; and to approve the ordinance to amend City Code Chapter 11, Section 11.03, Subd. 2. A. 8. and Subd. 2. B. within the R1-9.5 zoning district regarding the minimum side yard setback. Motion carried 4-0. CITY COUNCIL MINUTES January 21, 2020 Page 6 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 Freiberg,Narayanan, Nelson and Aho voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 7:48 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2020 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: Minnesota Squash Association Event: 2020 U.S. Squash Doubles Championships Date: March 5-8, 2020 Place: Boast Squash 9805 Hamilton Road Organization: City of Eden Prairie/EP Liquor Event: Wine &Beer Tasting Date: March 26, 2020 Place: Garden Room 8080 Mitchell Road Organization: City of Eden Prairie/EP Liquor Event: Wine &Beer Tasting Date: April 30, 2020 Place: Garden Room 8080 Mitchell Road 2019 Renewal Licenses Private Kennel Kathy Meyer 7320 Bagpipe Boulevard Jamie Patterson (formerly Jamie Stoia) 11176 Westwind Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—R1-9.5 Side Yard VIII.B. Janet Jeremiah/Steve Durham Setbacks Requested Action Move to: • Approve 2nd Reading of the Ordinance amending City code Chapter 11 relating to side yards setbacks in the R1-9.5 zoning district. • Adopt Resolution Approving the Summary Ordinance and ordering the publication of said summary Synopsis This is the final approval of an ordinance relating to an amendment in the R1-9.5 zoning district pertaining to side yard setbacks. Attachments Ordinance Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03, SUBDIVISION 2, RELATING TO SIDE YARD SETBACKS IN THE R1-9.5 ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.03, Subdivision 2 is hereby amended by deleting subsection A.8 in its entirety. Section 2. City Code Chapter 11, Section 11.03, Subdivision 2.B is hereby amended by deleting Table 1 in its entirety and replacing it with Table 1 attached hereto as Exhibit A. Section 3. 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 4. 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 21st day of January, 2020, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of February, 2020. Kathleen Porta, City Clerk Ronald A. Case, Mayor Published in the Eden Prairie News on the day of , 2020. EXHIBIT A Minimum Lot Minimum Yard-Setback Resident Minimu Minimu Width-Depth Minimum Gross Group Max Maximu ial m m Lot Width Site Usable Floor m Districts Zone Lot Size at Right Area Open Area Height Area of Way Per Space Per Ratio of Main (Acreag Width Depth Line Front One Both Rear Dwellin Dwelling (FA Structur e/ Ft. Ft. Ft. Side Ft. Sides Ft. Ft. g Unit Unit R) e Sq.Ft.) Sq.Ft. Sq.Ft. (Ft.) Or Acres Rural 10 10 300 300 300 50 50 150 50 10 N/A N/A 40 Acres Acres Acres R1-44 44,000 44,000 100 150 100 30 15 30 30 44,000 Park Ded. N/A 40 R1-22 22,000 22,000 90 125 90 30 15 30 25 22,000 Park Ded. N/A 40 R1-13.5 13,500 13,500 85* 100 85 30 10 25 20 13,500 Park Ded. N/A 40 R1-9.5 9,500 9,500 70* 100 70 30 5 15 20 9,500 Park Ded. N/A 40 RM-6.5 13,000 3,000 24 100 24 30 10 20 20 6,500 Park Ded. N/A 40 Plus 1000 Sq. Ft./Unit RM-2.5 25,000 25,000 150 150 150 35 25 50 30 2,500 Park Ded. N/A 45 Plus 600 Sq. Ft./Unit CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2020 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2020 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 4th day of February, 2020. 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. _-2020 is lengthy and contains a table. B. The text of summary of Ordinance No. -2020, 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 -2020 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 , 2020. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.03, SUBDIVISION 2, RELATING TO SIDE YARD SETBACKS IN THE R1-9.5 ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 11 by: • Deleting City Code, Chapter 11, Section 11.03, Subdivision 2 A.8, relating to certain side yard setbacks in the R1-9.5 zoning district. • Replacing Section 11.03, Subdivision 2.B, Table 1, with a new Table 1 that modifies the minimum side yard setbacks in the in the RI-9.5 zoning district. 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 , 2020. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber Second Reading of an Ordinance Amending VIII.C. Police Department City Code Chapter 5, Section 5.46 Relating to the Regulation of Therapeutic Massage Enterprises and Massage Therapists Requested Action Move to: Approve the second reading of an ordinance amending City Code Chapter 5, Section 5.46 Relating to the Regulation of Therapeutic Massage Enterprises and Massage Therapists. Synopsis Section 5.46 of the City Code imposes a licensing scheme on Therapeutic Massage Enterprises and Massage Therapists. Currently, Section 5.46 provides that the City Council is responsible for issuing or denying massage license applications. The proposed ordinance amends Section 5.46 to allow the Police Chief to issue or deny such applications. This amendment will make Section 5.46 consistent with other business licensing sections of Chapter 5, which also provide for issuance or denial by the Police Chief. The first reading of the ordinance was on January 21, 2020.No changes were made to the ordinance since that time. Attachments Ordinance Summary Ordinance Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That City Code Chapter 5, Section 5.46, Subdivision 6, is hereby amended by deleting subsection H in its entirety and replacing it with the following: H. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection G above, an initial application for a license under this Section shall be endorsed by the Chief of Police for issuance or denial within thirty(30)days after the application and criminal history check are deemed to be complete. 1. Issuance. Upon the Chief of Police's endorsement of his/her approval of an application and the applicant's payment of the license fee,the City shall issue and mail a license certificate to the applicant at the address noted in the application. 2. Denial. The Chief of Police may deny a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of an application shall be communicated to the applicant in writing, including findings supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the application. An applicant may appeal a denial by submitting a hearing request to the Chief of Police within ten(10) days of the date of the notice of denial. If a hearing request is not received by the Chief of Police within ten (10) days of the date contained in the notice, the applicant's right to a hearing shall be deemed waived. If timely requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 8.B.2 and 8.B.3 of this Section. Section 2. That City Code Chapter 5, Section 5.46, Subdivision 6, is hereby amended by deleting subsection J in its entirety and replacing it with the following: J. Renewal of License. Applications for renewal of all licenses issued under this Section shall be made at least sixty(60) days prior to the date of expiration of the license and shall contain such information as is required by the City. After the information on the renewal application has been verified as correct by the City pursuant to subsection G above, a renewal application for a license under this Section will be presented to the Chief of Police for issuance or denial in accordance with the procedures set forth in subsection H above. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21St day of January, 2020, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of February, 2020. Kathleen Porta, City Clerk Ronald A. Case, Mayor Published in the Eden Prairie News on the day of , 2020. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Section 5.46 relating to therapeutic massage enterprises and massage therapists to allow the Police Chief to issue or deny massage license applications. 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 , 2020. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- 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 4th day of February, 2020. 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 February 4, 2020. Ronald A. Case, Mayor SEAL ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: . Community Development Cummins-Phipps-Grill Homestead Lease VIII.D. Janet Jeremiah/David Lindahl Requested Action Move to: Approve the third amended and restated lease with the Eden Prairie Historical Society for the Cummins-Phipps-Grill Homestead property. Synopsis The new lease term is from April 1, 2020 through March 31, 2025 with one 5-year renewal option to 2030. Most terms and provisions from the prior lease remain unchanged. Background The Eden Prairie Historical Society(EPHS)has been leasing the Cummins property from the City since 2010 and has been responsible for overseeing its use and daily maintenance. Since the property is on the National Registry of Historical Places, the City will continue to maintain the foundation, slab, exterior walls and roof to insure that it does not degrade. The EPHS will continue to provide public access to the home and will maintain the property in a manner consistent with historic preservation guidelines. The lease continues to allow the EPHS to rent the facility to private parties, meetings and events to help generate income they will use to maintain the home. Attachment Lease THIRD AMENDED AND RESTATED LEASE AGREEMENT FOR USE AND IMPROVEMENT OF THE CUMMINS-PHIPPS-GRILL HOUSE This Third Amended and Restated Lease Agreement (hereinafter referred to as the "Restated Lease") is made as of the day of , 2020 by and between City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota("City"),and Eden Prairie Historical Society, a non-profit corporation organized under and pursuant to Minnesota Statutes, Chapter 317, and presently governed by Minnesota Statutes, Chapter 317A ("EPHS"). WHEREAS, it is the goal of this Restated Lease to provide community use of the John R. Cummins Farmhouse and Grounds (commonly knows as Cummins-Phipps-Grill House and hereinafter referred to herein as "CPG HOUSE") located at 13600 Pioneer Trail, Eden Prairie, Minnesota and to protect and preserve the historic integrity of the CPG HOUSE through this Restated Lease between the City of Eden Prairie and the Eden Prairie Historical Society. The Grounds of the CPG HOUSE are identified on the attached Exhibit A. WHEREAS, EPHS was designated by City in Resolution 977 as the official body for City for the purpose of collecting historical information and artifacts and the dissemination and publication of historical information relating to the history and development of Eden Prairie. WHEREAS, the CPG HOUSE was added to the National Register of Historic Places in 1982. WHEREAS,City and EPHS desire to enter into this Restated Lease whereby EPHS leases the CPG HOUSE from City for the purpose of maintaining public access to the CPG HOUSE through historically related programming and educational tours and for other events sponsored by the EPHS. WHEREAS, the City and EPHS are parties to that certain Lease Agreement For Use and 1 Improvement of the Cummins-Phipps-Grill House dated March 9, 2010, that certain First Amended and Restated Lease Agreement dated January 20, 2012, and that certain Second Amended and Restated Lease Agreement dated March 5, 2013 (collectively the"Lease"); and WHEREAS the City and EPHS mutually desire to extend,restate, and amend the Lease in its entirety on the terms and conditions set forth herein. NOW THEREFORE, the parties mutually agree: 1. Term: Rent. a. Initial Term. City hereby leases CPG HOUSE to EPHS for a term of five (5) years commencing on April 1, 2020, and terminating on March 31, 2025 unless extended or sooner terminated as hereinafter provided. EPHS shall pay to City as and for Base Rent for the CPG HOUSE annual rental of$1.00 per year. Said annual rental shall be paid in advance on the first day of April each year during the term of this Restated Lease at the address of the City as hereinafter set forth or such other place as the City may, from time to time, designate in writing, commencing on the 1st day of April, 2020. All other obligations of EPHS hereunder shall be paid in addition to the rental established by this section. b. Renewal Option. Subject to the terms provided herein, and provided EPHS is not in default as provided in this Restated Lease, EPHS shall have one (1) option to extend the term of this Restated Lease for a period of five (5) years ("Renewal Option"). The Renewal Option granted to EPHS in this Restated Lease is personal to EPHS and 2 may be exercised only by EPHS. The Renewal Option herein granted to EPHS is not assignable, separate and apart from this Restated Lease, nor may the Renewal Option be separated from this Restated Lease in any manner,whether by reservation or otherwise. The Renewal Option shall be exercised, if at all, by written notice delivered by EPHS to City not later than six(6)months prior to the end of the initial term of this Restated Lease together with a new five year plan detailing its plans for programming at CPG HOUSE during the Renewal Option Term. Provided EPHS is not in default under this Restated Lease and has properly and timely exercised the Renewal Option, the initial term of this Restated Lease shall be extended by the Renewal Option Term,and all terms,covenants and conditions of the Restated Lease shall remain unmodified and in full force. 2. Use of CPG HOUSE. a. EPHS shall comply with all governmental laws, ordinances and regulations applicable to the use of the CPG HOUSE and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in or upon,or in connection with,the CPG HOUSE, all at EPHS's sole expense. Subject subparagraph 2(c), EPHS may use the CPG HOUSE for the purpose of maintaining public access to the CPG HOUSE through historically related programming and educational tours and other events sponsored by the EPHS. EPHS' use of the CPG HOUSE shall at all times be consistent with and in support of the historical nature of the CPG HOUSE. The EPHS will provide all programming supplies for programs under its direction or the direction of others, including tools and amenities such as food preparation equipment,cleaning supplies, 3 brooms, pitchers, coffee makers, etc. The EPHS shall control catering and food use inside the CPG HOUSE. Subject to subparagraph 2 (b), EPHS may enter into agreements with other persons or entities for the use of the CPG HOUSE provided such use is in furtherance of the EPHS's purpose of maintaining public access to the CPG HOUSE through historically related programming and educational tours. Subject to written approval of City, which approval is within the sole discretion of City, EPHS may rent the CPG HOUSE to third parties for special events such as private meetings or social gatherings so long as the rental income derived by EPHS is used to support the operations and programs of the EPHS. EPHS shall not perform any acts or carry on any practices which may injure the CPG HOUSE. No event shall be held by or through EPHS at which it is anticipated that more than 30 people will attend on a date on which City has scheduled an event at the Staring Lake Park without prior written permission from City. b. 50% of Net Revenue generated by EPHS as a result of activities permitted pursuant to subparagraph 2(a) shall be placed into a capital improvement fund to be used to pay a portion of the costs of alterations, renovations, and improvements undertaken by EPHS pursuant to paragraph 7. All capital improvement expenditures by EPHS shall be made only after written approval from City. "Net Revenue"is defined as all proceeds from programming and rental activities undertaken by EPHS at CPG HOUSE minus all expenses related to such programming and rental. On or before January 30 of each year, EPHS shall provide to the City an accounting of its proceeds and expenses for the prior calendar year used to determine Net Revenue. 4 For purposes of this Restated Lease, a capital improvement is the addition of a permanent structural improvement or the restoration of some aspect of the CPG HOUSE that will either enhance the overall value or increases the useful life of the CPG HOUSE. Examples of capital improvements are: • installing new doors or windows or replacing doors and windows • installing an air conditioning or ventilation system • installing a fire suppression system or a burglar alarm system • replacing or upgrading plumbing, electrical and sewer services • installing or altering walls, ceilings and stairways. Examples of items that are not capital improvements are: • wallpapering and painting • caulking seams • mending plaster • tuck pointing • installing light fixtures, plumbing fixtures, appliances and furnishings that are not integral to the building structure and do not require alterations to the walls, ceiling, HVAC or electrical/plumbing systems. Net Revenue shall be reported to the City no later than 60 days after the end of each quarter. c. The area of the Grounds of the CPG HOUSE available for use by EPHS pursuant to this Restated Lease are identified on Exhibit A. The outbuildings are not included in the area available for use by the EPHS. The Grounds are subject to management by 5 City pursuant to that certain Cultural Landscape Management Plan dated 2009, as the same may be amended from time to time. The EPHS's use of the Grounds shall not damage or interfere with the development or establishment of the Cultural Landscape Management Plan. No personal property shall be stored or placed on the Grounds without the prior written consent of City. 3. Promotion and Marketing: EPHS will comply with all city, state and federal laws, codes and ordinances when displaying or distributing marketing and promotional materials. EPHS will be responsible for the design and production of promotional and marketing materials. City may display EPHS promotional materials where possible and appropriate. EPHS will provide program information to the City for possible inclusion in City-produced and distributed promotional materials. 4. Exclusive Lease: This lease to EPHS is exclusive. EPHS will control access to and use of the CPG HOUSE subject to the terms of paragraph 14 hereof 5. Building Contents: EPHS shall provide all furniture, fixtures, interior finishing items and equipment in the CPG HOUSE. 6. Insurance: City shall, subject to the consent of its insurer, continue to list the CPG HOUSE in its "Schedule of Covered Property" on its Comprehensive Municipal Property and Casualty Coverage insurance policy. City shall also request that its insurer adds EPHS, its members, officers, and volunteers as either an additional insured or confirm that they are a "covered party" under its Comprehensive Municipal Coverage. EPHS shall name City as an additional insured on any property and casualty coverage and comprehensive liability insurance policy it obtains. 7. Alteration or Improvement of CPG HOUSE. EPHS may not alter, renovate or improve the 6 CPG HOUSE without the prior written consent of City. All alterations, renovations or improvements shall be made under the direct supervision and control of City. Any alterations, additions and improvements which may be made or installed by the EPHS shall remain upon the CPG HOUSE and at the termination of this Restated Lease shall be surrendered with the CPG HOUSE as a part thereof. EPHS will finance and pay for capital improvements to the CPG HOUSE in a manner which is compliant with the standards for treatment of historical properties adopted by the U.S. Department of Interior codified in 36 CFR Part 68,utilizing the Rehabilitation standards defined in 36 CFR Part 68.22(b) and set forth in 36 CFR Part 68.3(b), as the same may be amended from time to time. City will cooperate with EPHS on approved capital improvement projects desired by EPHS,but City will not be required to contribute monetarily to such improvement projects. EPHS agrees it will during the time any alterations, renovations or improvements are being made to the CPG HOUSE: (i) carry or cause the contractor performing such alterations or improvements to carry public liability insurance in an amount no less than $1,000,000 per occurrence and $2,000,000 in the aggregate and (ii) comply with Minnesota's Workers' Compensation laws regulations and rules,including Minnesota Statutes Chapter 176.EPHS will indemnify and save City harmless from any and all liens for labor, materials and supplies which may arise by reason of any alterations or improvements made by or at the request or on behalf of EPHS. 8. Maintenance. Repair. Replacement The City will maintain the foundation, slab, exterior walls, roof, downspouts and gutters and structural elements of the CPG HOUSE in good repair, ordinary wear and tear excepted, and compliant with local building and occupancy codes, consistent with property management practices for other City-owned historic 7 buildings. EPHS shall maintain all other elements of the CPG HOUSE. The City will provide housekeeping custodial supplies to the CPG HOUSE. EPHS will provide light maintenance and custodial duties in the CPG HOUSE. 9. Utilities and Services: City shall pay the cost for lawn care, snow removal, landscaping, trash collection and disposal, natural gas, telephone and internet. City shall pay for municipal water and sewer charges only if and when such utilities are extended to the CPG HOUSE. The cost of extending water and sewer to the CPG HOUSE shall be the responsibility of EPHS. Landscaping shall be performed pursuant to the City's Cultural Landscape Management Plan on file in the office of the Director of Parks and Recreation. City shall not be liable in damages or otherwise for failure to furnish such services where failure or interruption is due to causes beyond City's reasonable control. 10. Surrender and Termination. On the last day of the term of this Restated Lease or on the sooner termination hereof, the EPHS shall peaceably surrender the CPG HOUSE in good condition and repair, ordinary wear and tear excepted, consistent with the EPHS's duties to make repairs as provided in Section 8 hereof. 11 Eminent Domain. If the whole or any part of the leased CPG HOUSE shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then the term of this Restated Lease shall cease on the date possession shall be required for any public purpose. 12. Fire or Other Casualty. If the CPG HOUSE is wholly or partly destroyed or damaged by fire or other casualty, the EPHS shall have the right to terminate this Restated Lease, provided it gives written notice thereof to the City within ninety (90) days after such destruction. 8 13. Default. If the EPHS shall default in the payment of any installment of Base Rent or any other amount due under this Restated Lease, or in the observance or performance of any of EPHS's other covenants, agreements or obligations hereunder, more than thirty (30) days after forwarding written notice of such default to EPHS, in the manner provided for herein, if such default shall not have been cured by EPHS, City shall have the right, upon the expiration of fifteen (15) days after written notice of such intent is given to EPHS, to (i) terminate this Restated Lease, in which event the Term hereof shall expire and terminate with the same force and effect as though the date set forth in said notice were the date originally set forth herein and fixed for the expiration of the Term, and/or (ii) re-enter the CPG HOUSE as permitted by law and remove all persons and property therefrom and have, regain, repossess and enjoy the CPG HOUSE, anything herein to the contrary notwithstanding, and EPHS hereby expressly waives the service of any additional notice in writing of intention to reenter as aforesaid, and also all rights to restoration to possession of the CPG HOUSE after reentry or after judgment for possession thereof. In case of any such termination, EPHS will indemnify City against all loss for rents, storage costs for EPHS property removed from the CPG HOUSE and other damages which it may incur by reason of such termination during the residue of the term of this Restated Lease, and also against all fees and disbursements of counsel incurred in enforcing any of the terms of this Restated Lease. 14. City Access to CPG HOUSE. City reserves the right to enter the CPG HOUSE upon reasonable notice for the purpose of assuring compliance by EPHS of all of the terms and provisions herein contained or for the purpose of exercising rights of City otherwise provided by law. 9 15. Assignment or Subleasing. Except as allowed in paragraph 2, EPHS may not sublease the CPG HOUSE or assign this Restated Lease without the prior written consent of City provided however in the event City grants its consent, no such subletting or assignment shall relieve the EPHS of its duties and obligations hereunder. 16. Renewal. This Restated Lease shall not automatically renew. Prior to the expiration of this Restated Lease City and EPHS may enter into an agreement for renewal of this Restated Lease upon such same terms and conditions are agreed to at the time. 17. Subordination. The EPHS agrees that at City's election this Restated Lease shall be subordinate to any indenture, land lease,mortgages or trust deeds, or other form of security encumbrance now on or placed on the CPG HOUSE and to any and all advances to be made thereunder, and to the interests thereon, and all renewals, replacements, and extensions thereof The EPHS hereby appoints the City as its attorney-in-fact to execute such documents as may be required to accomplish such subordination. 18. Amendment. Modification or Waiver. No amendment, modification, or waiver of any condition, provision or term of this Restated Lease shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or waiver. Any waiver by any party of any default or another party shall not affect or impair any right arising from any subsequent default. 19. Severable Provision. Each provision, section, sentence, clause, phrase, and word of this Restated Lease is intended to be severable.If any provision,section, sentence,clause,phrase or work hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Restated Lease. 10 20. Entire Agreement. This Restated Lease contains the entire understanding of the parties hereto with respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter.No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise,have been made by either party hereto to the other unless expressly stated in this Restated Lease or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. 21. Captions.Headings or Titles.All captions,headings,or titles in the sections of this Restated Lease are inserted for convenience or reference only and shall not constitute a part of this Restated Lease as a limitation of the scope of the particular sections to which they apply. 22. Governing Law. This Restated Lease shall be construed and enforced in accordance with the laws of the State of Minnesota. 23. Force Majeure. If the EPHS or City shall be delayed, or hindered, or prevented from the performance of any act required hereunder by reason of riots, insurrection, war, or acts of God, then performance of the act shall be excused for the period of delay, and the period for performance shall be extended for a period equivalent to the period of delay. 24. Notices. Every notice, approval, consent or other communication authorized or required by this Restated Lease, shall be effective if given in writing and sent by United States registered or certified mail with postage pre-paid, and addressed to City or EPHS at the following addresses or such other addresses as either party may, from time to time, designate in writing. Any such notice shall be deemed given as of the date of the postmark thereof. 11 If to City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 If to EPHS: Eden Prairie Historical Society Eden Prairie, MN 55344 25. City Approval. Unless otherwise specified herein, whenever approval of the City is required under the terms of the Restated Lease, that approval shall be given by the City Manager or such person as the City Manager designates in writing from time to time to give approval on behalf of the City. IN WITNESS WHEREOF, the parties hereto have executed this Restated Lease the day and year first above written. 12 CITY: CITY OF EDEN PRAIRIE By Its Mayor By Its City Manager 13 EPHS: EDEN PRAIRIE HISTORICAL SOCIETY By Its By Its 14 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Bill Olmschenk, Parks Accept bids and award the contract for 2020 VIII.E. Construction Supervisor, Parks Rice Marsh Park Hard Court Rehabilitation and Recreation Project to DMJ Asphalt Inc. Motion Move to: Accept bids and award the contract for the 2020 Rice Marsh Park Hard Court Rehabilitation Project at Rice Marsh Park at 18266 Erin Bay to DMJ Asphalt Inc. in the amount of$86,884.00. Synopsis Rice Marsh Park Hard Courts were constructed in 1993. The courts have numerous structural cracking and surface flaking. They are becoming un-level and potentially unsafe. The cracks are too large to fill and recoat. Best option is to tear out existing bituminous, regrade, compact, repave, and recolor coat. Background The scope of this project is to tear out existing, bituminous, regrade, compact, and repave. Clean and wash surface as required, fill all cracks with acrylic patch binder, patch, as needed for proper drainage. Apply a 2-coat color system using acrylic resurfacer with filler and acrylic Color with filler. The courts will be lined for 1 USTA doubles tennis court and 1 basketball court. Paving the trail from the parking lot to the courts. The staff estimate and budget on this project was $100,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: DMJ Asphalt, Inc. $86,884.00 Bituminous Roadways, Inc. $93,820.00 MN Roadways, Inc $94,738.00 Northwest Asphalt, Inc. $111,205.00 Odesall $129,350.00 Attachment Construction Contract SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 4th day of February 2020, by and between City of Eden Prairie hereinafter referred to as the "CITY", and DMJ Asphalt Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees 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: 2020 Rice Marsh Park Hard Court Rehabilitation Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. IL 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 Parks Construction Supervisor. The aggregate sum of such prices,based on estimated required quantities is estimated to be$86,884.00. 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 b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (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 By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Pleasant Hill Cemetery Burial and VIII.F. Parks and Recreation Columbarium Fees Requested Action Move to: Adopt resolution approving the Proposed Fees for Pleasant Hill Cemetery Burials and Columbarium Niches. Synopsis Staff recently completed a pricing analysis of surrounding cemeteries. This was primarily done to better understand pricing for a niche in the columbarium. However, during the survey, we discovered the pricing for our ground burials is quite a bit lower than those around us (see examples below). Additional costs associated with the burial or niche such as headstones, engraving, digging, opening and closing, etc. are paid directly by the individual to the vendor or charged by the city based on our direct costs. Although the cost of the niche is higher than the ground plot, the overall costs of cremation using a niche is less expensive than an in-ground burial with a casket and a headstone. The following fees are proposed: Ground Burial $1,200 (resident) $1,600 (non-resident) Niche Row C, D, E $2,500 (resident) $3,000 (non-resident) Niche Row A, B $2,200 (resident $2,650 (non-resident) Ossuary $700 (resident) $900 (non-resident) Interment $250 Interment(weekend/holiday) $350 Inscription Fee (per time) $300 Background Examples of fees in and around the metro area are: Name City Ground Fee Niche Fee Lakewood Cemetery Minneapolis $3,500 $5,125 —$9,600 Roselawn Cemetery Roseville $2,550 $4,700 - $4,900 Lebanon Hills Apple Valley $2,300 $3,700 - $3,960 Eden Prairie Cemetery Eden Prairie $2,000 NA Bloomington Cemetery Bloomington $1,900 $1,700 - $2,200 Mound Cemetery Brooklyn Center $1,100 $2,600 - $3,000 St. Vincent Osseo $1,100 $2,755 - $3,200 Pleasant Hill Cemetery Eden Prairie $650 See Proposed Chanhassen Cemetery Chanhassen $600 NA Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-28 RESOLUTION AMENDING RESOLUTION NO. 2019-135, REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie amends Fee Resolution No. 2019-135 as follows related to cemetery fees and charges: Ground Thawing: November 1 —April 1 Casket burial $75 Cremation burial $75 Ground Internment Burial fees are direct cost from contractor. These could adjust mid-year due to contractor price increase. Casket burial $650 Cremation burial $375 Burial Lot 20%perpetual care, 80% maintenance Resident $1200 Non-Resident $1600 Set Grave Markers Single $350 Double $400 Columbarium Niche Row C, D, E Resident $2,500 Non-Resident $3,000 Niche Row A, B Resident $2,200 Non-Resident $2,650 Ossuary Resident $700 Non-Resident $900 Internment Weekday $250 Weekend/Holiday $350 Inscription(per time) $300 ADOPTED by the City Council of Eden Prairie this 4th day of February, 2020. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/OHCS Approve LCDA Grant Agreement from VIII.G. Janet Jeremiah/Jonathan Stanley the Metropolitan Council for the Paravel apartment project Requested Action Move to: Approve and authorize execution by the Mayor and City Manager of the LCDA Grant Agreement between the Metropolitan Council and the City. Synopsis The Metropolitan Council awarded the City a grant from the Livable Communities Demonstration Account(LCDA) in the amount of$885,000 for the Paravel apartment project. The LCDA programs require that the local municipality serve as the grantee and execute the LCDA Grant Agreement. The $885,000 grant to the City will be provided to the developer Timberland Partners (dba Paravel Project, LLC) in the form of a loan per LCDA rules. The funds will assist the developer to pay the costs of stormwater management, an irrigation reuse system, a green roof and permeable pavers. The City will require the developer to execute a loan agreement before disbursing any loan funds. The loan agreement will be presented to the Council for approval at a later date. Attachment LCDA Grant Agreement LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM GRANTEE: City of Eden Prairie GRANT NO. SG-12580 PROJECT: ParavelfCastle Ridge GRANT AMOUNT: S885,000 , FUNDING CYCLE: 2019 COUNCIL ACTION: December 11,2019 EXPIRATION DATE: December 31,2022 METROPOLITAN LIVABLE COMMUNITIES ACT GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is made and entered into by the Metropolitan Council ("Council")and the Municipality, County,or Development Authority identified above as"Grantee." WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable Communities Act ("LCA") and the policies of the Council's Metropolitan Development Guide; and WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan Livable Communities Fund a Livable Communities Demonstration Account and require the Council to use the funds in the account to make grants or loans to municipalities participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 or to Counties or Development Authorities to fund the initiatives specified in Minnesota Statutes section 473.25(b) in Participating Municipalities;and WHEREAS, the Grantee is a Municipality participating in the Local Housing Incentives Account program under Minnesota Statutes section 473.254, a County, or a Development Authority; and WHEREAS, the Grantee seeks funding in connection with an application for Livable Communities Demonstration Account grant program funds submitted in response to the Council's notice of availability of grant funds for the"Funding Cycle"identified above and will use the grant funds made available under this Agreement to help fund the"Project" identified in the application; and WHEREAS, the Council awarded Livable Communities Demonstration Account grant program funds to the Grantee subject to any terms, conditions, and clarifications stated in its Council Action, and with the understanding that the Project identified in the application will proceed to completion in a timely manner, all grant funds will be expended prior to the"Expiration Date" identified above and Project construction will have"commenced" before the Expiration Date. NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement,the Grantee and the Council agree as follows: I. DEFINITIONS 1,01. Definition of Terms. The terms defined in this Section have the meanings given them in this Section unless otherwise provided or indicated by the context. Page 1 of 11 Pages 1111..iNai 12'rr 201 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM (a) Commenced. For the purposes of Sections 2.08 and 5.03, "commenced" means significant physical improvements have occurred in furtherance of the Project(e.g., a foundation is being constructed or other tangible work on a structure has been initiated). In the absence of significant physical improvements, visible staking, engineering, land surveying, soil testing, cleanup site investigation, or pollution cleanup activities are not evidence of Project commencement for the purposes of this Agreement. (b) Council Action. "Council Action"means the action or decision of the governing body of the Metropolitan Council, on the meeting date identified at Page l of this Agreement, by which the Grantee was awarded Livable Communities Demonstration Account funds. (c) County. "County"means Anoka,Carver,Dakota, Hennepin,Ramsey,Scott, and Washington Counties. (d) Development Authority. "Development Authority" means a statutory or home rule charter city, a housing and redevelopment authority, an economic development authority, or a port authority in the Metropolitan Area. (e) Metropolitan Area. "Metropolitan Area"means the seven-county metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2. (f) Municipality. "Municipality" means a statutory or home rule charter city or town participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254. (g) Participating Municipality. "Participating Municipality" means a statutory or home rule charter city or town which has elected to participate in the Local Housing Incentive Account program and negotiated affordable and life-cycle housing goals for the Municipality pursuant to Minnesota Statutes section 473.254. (h) Project. Unless clearly indicated otherwise by the context of a specific provision in this Agreement, "Project" means the development or redevelopment project identified in the application for Demonstration Account funds for which grant funds were requested that through its design and execution will deliver benefits such as housing, connections, and jobs to the region. Grant-funded activities typically are components of the Project. IL GRANT FUNDS 2.01. Source of Funds. The grant funds made available to the Grantee under this Agreement are from the Livable Communities Demonstration Account of the Metropolitan Livable Communities Fund. The grant funds are derived from the property tax authorized by Minnesota Statutes section 473.253, subdivision 1 and are not from federal sources. 2.02 Total Grant Amount. The Council will grant to the Grantee the"Grant Amount"identified at Page 1 of this Agreement. Notwithstanding any other provision of this Agreement, the Grantee understands and agrees that ally reduction or termination of Livable Communities Demonstration Account grant funds made available to the Council may result in a like reduction in the Grant Amount made available to the Grantee. Page 2 of 11 Pages mvegerflir11,2OI LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM 2.03. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under this Agreement shall be used only for the purposes and activities described in the application for Livable Communities Demonstration Account grant funds. A Project summary that describes eligible uses of the grant funds as approved by the Council is attached to and incorporated into this Agreement as Attachment A. Aerial photography or drawings that identify the specific location(s) within the Project boundaries for which grant funds must be used is attached to and incorporated into this Agreement as Attachment B. Grant funds must be used to fund the initiatives specified in Minnesota Statutes section 473.25(b), in a Participating Municipality. 2.04. Ineligible Uses. Grant funds must be used for costs directly associated with the specific proposed Project activities and shall not be used for"soft costs"such as: administrative overhead;travel expenses; legal fees; insurance; bonds; permits, licenses, or authorization fees; costs associated with preparing other grant proposals;operating expenses; planning costs,including comprehensive planning costs; and prorated lease and salary costs. Grant funds may not be used for costs of Project activities that occurred prior to the grant award,unless specifically included in the Project Summary or otherwise approved by Council Action. A detailed list of ineligible and eligible costs is available from the Council's Livable Communities program office. Grant funds also shall not be used by the Grantee or others to supplant or replace: (a)grant or loan funds obtained for the Project from other sources; or (b)Grantee contributions to the Project, including financial assistance, real property or other resources of the Grantee; or (c) funding or budgetary commitments made by the Grantee or others prior to the Council Action, unless specifically authorized in Attachment A. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee or others in the implementation or performance of the Project activities. The Grantee agrees to comply with any "business subsidy" requirements of Minnesota Statutes sections 116J.993 to 1161995 that apply to the Grantee's expenditures or uses of the grant funds. 2.05. Loans for Low-Income Housing Tax Credit Projects. If consistent with the application and the Project activities described or identified in Attachments A and B or if requested in writing by the Grantee, the Grantee may structure the grant assistance to the Project as a loan so the Project Owner can take advantage of federal and state low-income housing tax credit programs. The Grantee may use the grant funds as a loan for a low-income housing tax credit project,subject to the terms and conditions stated in Sections 2.03 and 2.04 and the following additional terms and conditions: (a) The Grantee covenants and represents to the Council that the Project is a rental housing project that received or will receive an award of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986,as amended,and the low-income housing tax credit program administered by the Minnesota Housing Finance Agency or a program administered by the Minneapolis/Saint Paul Housing Finance Board or another designated housing credit agency that sub-allocates low-income housing tax credits in the Metropolitan Area. (b) The Grantee will execute a loan agreement with the Project Owner. Prior to disbursing any grant funds for the Project,the Grantee will provide to the Council a copy of the loan agreement between the Grantee and the Project Owner. (c) The Grantee will submit annual written reports to the Council that certify: (I)the grant funds continue to be used for the Project for which the grant funds were awarded; and (2)the Project is a "qualified Iow-income housing project" under Section 42 of the Internal Revenue Code of 1986, as amended. This annual reporting requirement is in addition to the reporting Page 3 of 1. Pages reviser,121114010 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM requirements stated in Section 4.03. Notwithstanding the Expiration Date identified at Page 1 of this Agreement and referenced in Section 5.01, the Grantee will submit the annual certification reports during the initial "compliance period" and any "extended use period," or until such time as the Council terminates this annual reporting requirement by written notice to the Grantee. (d) The grant funds made available to the Grantee and disbursed to the Project Owner by the Grantee in the form of a loan may be used only for the grant-eligible activities and Project components for which the Grantee was awarded the grant funds. For the purposes of this Agreement,the term "Project Owner"means the current Project Owner and any Project Owner successor(s). (e) Pursuant to Section 2.04, the grant funds made available to the Grantee and disbursed to the Project Owner in the form of a loan shall not be used by the Grantee, the Project Owner, or others to supplant or replace: (i)grant or loan funds obtained for the Project from other sources; or(2) Grantee contributions to the Project,including financial assistance,real property,or other resources of the Grantee; or (3) funding or budgetary commitments made by the Grantee or others prior to the Council Action,unless specifically authorized in Attachment A. The Council will not make the grant funds available to the Grantee in a lump sum payment,but will disburse the grant funds to the Grantee on a reimbursement basis pursuant to Section 2.l 1. (f) By executing this Agreement,the Grantee: (I)acknowledges that the Council expects the loan will be repaid so the grant funds may be used to help fund other activities consistent with the requirements of the Metropolitan Livable Communities Act; (2)covenants, represents, and warrants to the Council that the Grantee's loan to the Project Owner will meet all applicable low-income housing tax credit program requirements under Section 42 of the Internal Revenue Code of 1986, as amended (the "Code"), and the low-income housing tax credit program administered by the Minnesota Mousing Finance Agency or a program administered by the Minneapolis/Saint Paul 1-lousing Finance Board or another designated housing credit agency that sub-allocates low-income housing tax credits in the Metropolitan Area; and (3)agrees to administer its loan to the Project Owner consistent with federal and state low-income housing tax,credit program requirements. (g) The Grantee will,at its own expense,use diligent efforts to recover loan proceeds: (I)when the Project Owner becomes obligated to repay the Grantee's loan or defaults on the Grantee's loan; (2) when the initial thirty-year"compliance period"expires,unless the Council agrees in writing that the Grantee may make the grant funds available as a loan to the Project Owner for an "extended use period"; and (3) if noncompliance with low-income housing tax credit program requirements or some other event triggers the Project Owner's repayment obligations under its loan agreement with the Grantee. The Grantee must repay to the Council all loan repayment amounts the Grantee receives from the Project Owner. The Grantee shall not be obligated to repay the grant funds to the Council except to the extent the Project Owner repays its loan to the Grantee, provided the Grantee has exercised the reasonable degree of diligence and used administrative and legal remedies a reasonable and prudent housing finance agency would use to obtain payment on a loan,taking into consideration (iF applicable)the subordinated nature of the loan. At its discretion, the Council may: (1)permit the Grantee to use the loan repayment From the Project Owner to continue supporting affordable housing components of the Project; or (2)require the Grantee to remit the grant funds to the Council. Page 4 of 11 Pages rea.i Lvi NoIP LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM (h) If the Grantee earns any interest or other income from its loan agreement with the Project Owner, the Grantee will: (I)use the interest earnings or income only for the purposes of implementing the Project activities for which the grant was awarded; or (2)remit the interest earnings or income to the Council. The Grantee is not obligated to earn any interest or other income from its loan agreement with the Project Owner,except to the extent required by any applicable law. 2.06. Revolving Loans. If consistent with the application and the Project summary or if requested in writing by the Grantee,the Grantee may use the grant funds to make deferred loans(loans made without interest or periodic payments), revolving loans (loans made with interest and periodic payments), or otherwise make the grant funds available on a"revolving" basis for the purposes of implementing the Project activities described or identified in Attachments A and B. The Grantee will submit annual written reports to the Council that report on the uses of the grant funds. The Council will determine the form and content of the report. This annual reporting requirement is in addition to the reporting requirements stated in Section 4.03. Notwithstanding the Expiration Date identified at Page 1 of this Agreement and referenced in Section 5.01,the Grantee will submit the annual reports until the deferred or revolving loan programs terminate,or until such time as the Council terminates this annual reporting requirement by written notice to the Grantee. At its discretion,the Council may: (a)permit the Grantee to use loan repayments to continue supporting affordable housing components of the Project; or (b) require the Grantee to remit the grant funds to the Council. 2.07. Restrictions on Loans or Grants to Subrecipients. The Grantee shall not permit any subgra.ntee or subrecipient to use the grant funds for loans or grants to any subrecipient at any tier unless the Grantee obtains the prior written consent of the Council. The requirements of this Section 2.07 shall be included in all subgrant and subrecipient agreements. 2.08. Project Commencement and Changes. The Project for which grant funds were requested must be"commenced" prior to the Expiration Date. The Grantee must promptly inform the Council in writing of any significant changes to the Project for which the grant funds were awarded, as well as any potential changes to the grant-funded activities described or identified in Attachments A and B. Failure to inform the Council of any significant changes to the Project or significant changes to grant-funded components of the Project, and use of grant funds for ineligible or unauthorized purposes, will jeopardize the Grantee's eligibility for future LCA awards. Grant funds will not be disbursed prior to Council approval of significant changes to either the Project or grant-funded activities described or identified in Attachments A and B. 2.09 Budget Variance. The Grantee may reallocate up to twenty percent (20%) of the Grant Amount among the grant-funded activities,provided: (a)the grant funds may be used only for Project activities for which the Council awarded the grant funds; (b)the reallocation does not significantly change the Project deliverables; and (c)the Grantee receives written permission from Council staff prior to reallocating any grant funds. Council,staff may administratively approve budget reallocation requests that exceed twenty percent (20%) of the Grant Amount only if the reallocation does not significantly change the Project deliverables. Notwithstanding the aggregate or net effect of any variances, the Council's obligation to provide grant funds under this Agreement shall not exceed the Grant Amount identified at Page 1 of this Agreement. 2.10. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any unspent grant funds, including any grant funds that arc not expended prior to the Expiration Date identified at Page I of this Agreement; any grant funds that are not used for the authorized purposes; Page S of 11 Pages rethrd 12/11/2tl17 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM and any interest earnings described in Section 2.12 that are not used for the purposes of implementing the grant-funded Project activities described or identified in Attachments A and B. For the purposes of this Agreement, grant funds are"expended"prior to the Expiration Date if the Grantee pays or is obligated to pay for expenses of eligible grant funded Project activities that occurred prior to the Expiration Date and the eligible expenses were incurred prior to the Expiration Date. Unspent or unused grant funds and other Funds remitted to the Council shall revert to the Council's Livable Communities Demonstration Account for distribution through application processes in future Funding Cycles or as otherwise permitted by law. 2.11. Payment Request Forms,Documentation,and Disbursements. The Council will disburse grant funds in response to payment requests submitted by the Grantee through the Council's online grant management system and reviewed and approved by the Council's authorized agent. Payment requests shall be made using payment request forms,the form and content of which will be determined by the Council. Payment request and other reporting forms will be provided to the Grantee by the Council. Payment requests must include the following documentation: Consultant/contractor invoices showing the time period covered by the invoice; the specific grant-funded Project activities conducted or completed during the authorized time period within which eligible costs may be incurred;and documentation supporting expenses including subcontractor and consultant invoices showing unit rates, quantities,and a description of the goods or services provided. Subcontractor markups shall not exceed ten percent(10%). The Council will disburse grant funds on a reimbursement basis or a "cost incurred" basis. The Grantee must provide with its payment requests documentation that shows grant-funded Project activities have actually been completed. Subject to verification of each payment request form (and the required documentation) and approval for consistency with this Agreement, the Council will disburse a requested amount to the Grantee within two(2) weeks after receipt of a properly completed and verified payment request form. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 2.11, THE COUNCIL WILL NOT DISBURSE ANY GRANT FUNDS TO THE GRANTEE UNLESS THE GOVERNING BODY OF THE GRANTEE HAS ADOPTED A FAIR HOUSING POLICY AS REQUIRED BY SECTION 3.04. 2.12. Interest Earnings. If the Grantee earns any interest or other income from the grant funds received from the Council under this Agreement,the Grantee will use the interest earnings or income only for the purposes of implementing the Project activities described or identified in Attachments A and B. 2.13, Effect of Grant. Issuance of this Grant neither implies any Council responsibility for contamination, if any, at the Project site nor imposes any obligation on the Council to participate in any pollution cleanup of the Project site if such cleanup is undertaken or required. HI. AFFORDABILITY; AFFIRMATIVE FAiR HOUSING 3.01. Affordability Term. If the Project for which the grant funds were awarded includes affordable housing units, the Grantee shall, through written instruments or otherwise, ensure the affordable units will remain affordable for a minimum period of fifteen (I5)years. The Grantee's obligation under this Section may be satisfied if other Project funding sources (e.g.,the Minnesota Page 6 of I I Pages mow nrr 2ar9 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM 1•Iousing finance Agency or the U.S. Department of Housing and Urban Development ("I-IUD"))or state or federal laws (e.g., low-income housing tax credit programs) require an affordability term of at least fifteen (15)years. For the purposes of this Section, "affordable housing unit" means a unit that is affordable to households at eighty percent(80%) or less of the Area Median Income ("AM1"), as established by 1-IUD, unless the Grantee's application stated an affordability standard lower than eighty percent (80%)of AMI, in which case the Grantee's lower affordability standard shall apply. The affordability requirements of this Section shall survive the expiration or termination of this Agreement. 3.02. Affirmative Fair Housing Marketing Plans. If the Project for which the grant funds were awarded is a housing project or includes housing units (whether market rate or affordable), the Grantee shall,through written instruments or otherwise,ensure the Project owner(and any subsequent owner(s)) adopts and implements an affirmative fair housing marketing plan for all Project housing units. For the purposes of this section,"affirmative fair housing marketing plan"means an affirmative fair housing marketing plan that substantially conforms to affirmative fair housing marketing plans published by the U.S. Department of Housing and Urban Development ("HUD") or sample affirmative fair housing marketing plans published by the Minnesota Housing Finance Agency. The affirmative fair housing marketing plan requirement under this section shall continue for the minimum affordability term specified in Section 3.01 and shall survive the expiration or termination of this Agreement. 3.03. Section 8 Housing Choice Vouchers. If the Project is a housing project, or includes housing units(whether market rate or affordable),and the Grantee stated in its application that Project housing units would be made available to households participating in the federal Housing Choice Voucher program, the Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent owner(s)) adopts and implements a policy under which the Project owner will not refuse to lease Project units to households or individuals participating in the Housing Choice Voucher program because those households or individuals are Housing Choice Voucher program participants. The Housing Choice Voucher requirement under this section shall continue for the minimum affordability term specified in Section 3.01 and shall survive the expiration or termination of this Agreement. 3.04. Fair Housing Policy. If the Project will include a housing component, the governing body of the Grantee must have adopted a Fair I-lousing Policy. For the purposes of this section, the term "Fair Housing Policy"means a written statement regarding the Grantee's commitment to fair housing that substantively includes at least the following elements: a purpose statement; procedures for responding to fair housing concerns and complaints; and a designated individual or staff position responsible for fair housing issues. A best practices guide, as well as a copy of a model local fair housing policy is available at: https://metrocounciI.org/Handbook/Files/Resources/Best- Practices/ air-l-lousing-Policy-Guide.aspx. IV. ACCOUNTING,AUDIT,AND REPORT REQUIREMENTS 4.01. Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received from the Council. Notwithstanding the expiration and termination provisions of Sections 5.01 and 5.02, such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years following the completion of the Project activities described or identified in Attachments A and 13 or Page 7 of 11 _Pages orrrarr112111?019 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM six (6)years following the expenditure of the grant funds, whichever occurs earlier. Accounting methods shall be in accordance with generally accepted accounting principles. 4.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to the Grantee, for a period of six (6)years following the completion of the Project activities or six (6)years following the expenditure of the grant funds,whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05,subdivision 5, the books, records, documents, and accounting procedures and practices of the Grantee that are relevant to this Agreement are subject to examination by the Council and either the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6)years. 4.03. Report Requirements. The Grantee will report to the Council on a semi-annual basis (twice each year) the status of the Project activities described or identified in Attachments A and B and the expenditures of the grant funds, Submission of properly completed payment request forms (with proper documentation) required under Section 2.11 will constitute semi-annual status reports, The Grantee also must complete and submit to the Council a Final Report before th.e final disbursement of grant funds will be approved. The form and content of the semi-annual status reports and the Final Report will be determined by the Council. These reporting requirements and the reporting requirements of Sections 2.05 and 2,06 shall survive the expiration or termination of this Agreement. 4.04. Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or other environmental review has been or will be carried out, if such environmental assessment or review is appropriate for the scope and nature of the Project activities funded by this Grant, and that any environmental issues have been or will be adequately addressed. V. AGREEMENT TERM 5.01 Term. This Agreement is effective upon execution of the Agreement by the Council. Unless terminated pursuant to Section 5.02, this Agreement expires on the "Expiration Date" identified at Page 1 of this Agreement. ALL GRANT FUNDS NOT EXPENDED BY THE GRANTEE PRIOR TO THE EXPIRATION DATE SHALL REVERT TO THE COUNCIL. 5.02. Termination. This Agreement may be terminated by the Council for cause at any time upon fourteen(14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this Agreement and any amendments of this Agreement. If this Agreement is terminated prior to the Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project activities described or identified in Attachments A and B that have been completed prior to the termination. Termination of this Agreement does not alter the Council's authority to recover grant funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any grant funds due to the Council as a result of later audits or corrections. if the Council determines the Grantee has failed to comply with the terms and conditions of this Agreement and the applicable provisions of the Metropolitan Livable Communities Act,the Council may take any action to protect the Council's interests and may refuse to disburse additional grant funds and may require the Grantee to return all or part of the grant funds already disbursed. Page 8 of I ,gages revised 1111 112 01 9 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM 5.03. Amendments and Extension. The Council and the Grantee may amend this Agreement by mutual agreement. Amendments or an extension of this Agreement shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. If the Grantee needs a change to the Project, additional time within which to complete the grant-funded activities and commence the Project,a change in the budget,or a change in grant-funded activities the Grantee must submit to the Council AT LEAST NINETY (90)CALENDAR DAYS PRIOR TO THE EXPIRATION DATE, a complete, written amendment request. All requirements must be met for a request to be considered complete. THE EXPIRATION DATE MAY BE EXTENDED, BUT THE PERIOD OF ANY EXTENSION(S) SHALL NOT EXCEED TWO (2)YEARS BEYOND THE ORIGINAL EXPIRATION DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT. Vi. GENERAL PROVISIONS 6.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability,sexual orientation,or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 6.02. Conflict of interest. The members,officers,and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 6.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466,to the fullest extent permitted by law, the Grantee shall defend, indemnify, and hold harmless the Council and its members,employees,and agents from and against all claims,damages,losses,and expenses,including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the Project activities funded by this Grant, except to the extent the claims, damages, losses, and expenses arise from the Council's own negligence. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 15B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code, title 42, sections 9601. et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, United States Code,title 42, sections 6901 el seq. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this Section shall survive the expiration or termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466,or other applicable state or federal law. 6.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance provided by the Council in promotional materials,press releases, reports,and publications relating to the Project. The acknowledgment will contain the following or comparable language: Financing fir it this project was provided by the Metropolitan Council Metropolitan Livable Communities Fund Page 9 of 11 Pages revlasd)2/1112619 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM Until the Project is completed, the Grantee shall ensure the above acknowledgment language, or alternative language approved by the Council's authorized agent, is included on all signs (if any) located at Project or construction sites that identify Project funding partners or entities providing financial support for the Project. The acknowledgment and signage should refer to the"Metropolitan Council" (not"Met Council"or"Metro Council"). 6.05. Permits, Bonds, and Approvals. The Council assumes no responsibility for obtaining any applicable local,state,or federal licenses,permits,bonds,authorizations,or approvals necessary to perform or complete the Project activities described or identified in Attachments A and B. The Grantee and its developer(s), if any, must comply with all applicable licensing, permitting, bonding, authorization, and approval requirements of federal, state, local governmental, and regulatory agencies, including conservation districts. 6.06. Subgrantees, Contractors, and Subcontractors. The Grantee shall include in any subgrant, contract,or subcontract for Project activities appropriate provisions to ensure subgrantee, contractor, and subcontractor compliance with all applicable state and federal laws and this Agreement. Along with such provisions, the Grantee shall require that contractors and subcontractors performing work covered by this Grant comply with all applicable state and federal Occupational Safety and Health Act regulations. If the Project for which the grant funds were awarded includes affordable units, the Grantee's subgrant agreement(s)shall expressly include the affordability and affirmative fair housing marketing plan requirements of Sections 3.01 and 3.02. 6.07 Stormwater Discharge and Water Management Plan Requirements, If any grant funds are used for urban site redevelopment, the Grantee shall at such redevelopment site meet or require to be met all applicable requirements of: (a) Federal and state laws relating to stormwater discharges including, without limitation, any applicable requirements of Code of Federal Regulations, title 40, parts 122 and 123; and (b) The Council's 2040 Water Resources Policy Plan and the local water management plan for the jurisdiction within which the redevelopment site is located. 6,08. Authorized Agent. Payment request forms, written reports, and correspondence submitted to the Council pursuant to this Agreement shall be directed to: Metropolitan Council Attn: LCA Grants Administration 390 Robert Street North Saint Paul, Minnesota 55101-1805 6.09. Non-Assignment. Minnesota Statutes section 473.253,subdivision 2 requires the Council to distribute grant funds to eligible "municipalities," metropolitan-area counties, or "development authorities" for projects in municipalities participating in the Local Housing Incentives Account program. Accordingly,this Agreement is not assignable and shall not be assigned by the Grantee. 6.10. Authorization to Reproduce Images. The Grantee certifies that the Grantee: (a) is the owner of any renderings, images, perspectives, sections, diagrams, photographs, or other copyrightable materials (collectively,"copyrightable materials")that are in the Grantee's application Page 10 of 11 Pages revised 12111019 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM or are submitted to the Council as part of the grant application review process or after grant award, or that the Grantee is fully authorized to grant permissions regarding the copyrightable materials; and (b)the copyrightable materials do not infringe upon the copyrights of others. The Grantee agrees the Council has a nonexclusive royalty-free license and all necessary permissions to reproduce and publish the copyrightable materials for noncommercial purposes, including but not limited to press releases,presentations,reports, and on the internet. The Grantee also agrees the Grantee will not hold the Council responsible for the unauthorized use of the copyrightable materials by third parties. 6.11. Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the Grantee and on behalf of the Council represent and warrant on the Grantee's and the Council's behalf respectively that the individuals are duly authorized to execute this Agreement on the Grantee's and the Council's behalf respectively and that this Agreement constitutes the Grantee's and the Council's valid, binding, and enforceable agreements. IN WITNESS WHEREOF,the Grantee and the Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Council. CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL By: By: . — LisaBeth l3arajas, Director Title: Community Development Division Date: Date: By. Title: Date: Page 11 of 11 Pages mv19dr11,1r11 2019 DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGAM ATTACHMENT A PROJECT SUMMARY This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the Project identified in the application for Livable Communities Demonstration Account grant funds submitted in response to the Council's notice of availability ❑f Demonstration Account grant funds for the Funding Cycle identified at Page 1 of this Agreement. The summary reflects the proposed Project for which the Grantee was awarded grant funds by the Council Action, and may reflect changes in Project funding sources, changes in funding amounts, or minor changes in the proposed Project that occurred subsequent to application submission. The application is incorporated into this Agreement by reference and is made a part of this Agreement as follows. If the application or any provision of the application conflicts with or is inconsistent with the Council Action, other provisions of this Agreement, or the Project summary contained in this Attachment A, the terms, descriptions and dollar amounts reflected in the Council Action or contained in this Agreement and the Project summary shall prevail. For the purposes of resolving conflicts or inconsistencies, the order of precedence is: (1)the Council Action;(2) this Agreement;(3)the Project summary;and(4) the grant application. Livable Communities Project Summary Grant# SG-12580 Type: LCDA Development Applicant: City of Eden Prairie Project Name: Paravel/Castle Ridge Project Location: 635 Prairie Center Drive Council District: 3 —Christopher Ferguson Project Detail This project will provide 246 units of mixed-income housing as a component of a Project Overview larger development plan for the area. The project sits next to a new continuum of care development and a commercial development. Jobs 5 total FTE; 5 living wage Net tax capacity increase $739,715 Total housing units 246 Affordable units 50 @ 31-50%AMI Anticipated # bedrooms 153 Studio/1 BR; 93 2BR Est. total development $84,124,230 cost Est private funds $75,599,956 leveraged Est. other public funds $7,639,274 0 Demonstration value in bringing a higher-density development to a Comments/ suburban area and fits well within the planned future development pattern Demonstration value ® The project has a good site design and provides for future walkability as other development occurs in the area Funding Request $885,000 TOTAL $500,000 Site Acquisition After the Date of Award $135,000 Stormwater Management: Irrigation Reuse System; Green Roof; Permeable Pavers $250,000 Site Preparation: Grading and/or Soil Correction 4, ATTACHMENT B PROJECT LOCATION(S) This attachment comprises this page and the succeeding page(s) which contain aerial photography or drawings that identify the specific location(s) within the Project boundaries for which the Grantee must use the grant funds. The attached photography or drawings also may identify the types of eligible activities for which the grant funds must be used at specific locations within the Project boundaries. PROJECT LOCATIONS) LCA Aerial LCDA Project:Pnrovel I Mop ID:1659581005712 iii...i,...,1-,i. , .,.. . -‘,..., . . , . i A ..„... -„ , ,. 1 5y' li v. i .'t.11,;:,..., "?. ':I: .._, •,":"...c.,, .-__',...,:d,, VI' ._\ . ‘... le a i • .4_ . / ., '''' ♦ u C ;11:.$•• • .1: „..,... . it. "o .er .tip s t* N. 114 pit. IT; � ' =11111‘.. .. 1 �� p, DPAL I Pied 0 0.00740.015 0, 46 03 004` 006 c..nw:anrearo ruuwd�wasti�rroNa�f.aw.�rrt ty/uuu tyC11A nI le5 unee,o,.cwr +m73..,omr.x�eax►z*+uF+pu+rr,ss1.1.4 r. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 18839 ITEM NO.: Robert Ellis Award Contract for Yard Waste Site Project to VIII.H. Public Works Peterson Companies, Inc. Requested Action Move to: Award contract for the Yard Waste Site Project to Peterson Companies, Inc. in the amount of$923,247.40. Synopsis Sealed bids were received on Thursday, January 9, 2020 for this project. The eleven bids received are summarized in the attached Consultant Recommendation Letter. The low bid, including Bid Alternate#1, in the amount of$923,247.40 was submitted by Peterson Companies, Inc. HTPO Engineering and City staff recommend awarding the contract for the project to Peterson Companies, Inc. in the amount of$923,247.40. Background Information This project will include site improvements at the City's Maintenance Outdoor Storage Site (MOSS) facility to construct a yard waste drop off area that will include a small attendant building and a new gated entrance for City resident access and use. The project also includes drive and turn lane improvements to Flying Cloud Drive (County Road 61) that are necessary to provide safe and convenient access to the site. Project Cost Summary The project will be funded with Capital Maintenance and Reinvestment Funds, Storm Water Enterprise Funds and Waste Water Enterprise Funds. Attachments Consultant Recommendation Letter Summary of Bids Contract Z � p I I Engineering Surveying 7 ;1 Landscape Architecture 1 � J January 24, 2020 Mr. Robert Ellis City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for City Yard Waste Drop Off City Project# IC 18839 Dear Mr. Ellis, Bids were received and opened at 10:00 a.m. on Thursday January 9, 2020, for the above referenced project. The bids are shown on the attached Summary of Bids. The low bidder, Peterson Companies,came in with a base bid of$903,132.40. Bid Alternate#1 came in at$20,115. Recommendation is made that the City Council awards City Project#IC 18839 to Peterson Companies in the amount of$903,132.40 for the base bid project and the Bid Alternate #1 for $20,115. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. la( -41444/ Aaron Carrell, PE 7510 Market Place Drive Cc: Paul Schlueter Eden Prairie, MN 55344 952-829-0700 Enclosures 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS City of Eden Prairie City Project# 18839 DESCRIPTION: City Yard Waste Drop Off BID OPENED: January 9, 2020 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Bid Responsible Base Bidder Bond Contractor Bid BA#1 Peterson Companies, Inc. Yes Yes $903,132.40 $20,115.00 Linnco, Inc. Yes Yes $909,818.15 $29,936.70 Sunram Construction, Inc. Yes Yes $948,122.00 $29,678.00 Valley Paving, Inc. Yes Yes $958,523.61 $20,819.00 Minger Construction Co. Yes Yes $978,899.00 $29,840.00 Northwest Asphalt, Inc. Yes Yes $978,566.85 $27,175.00 GMH Asphalt Corp. Yes Yes $992,201.75 $32,219.00 New Look Contracting Yes Yes $1,006,993.00 $29,960.00 Park Construction Co. Yes Yes $1,039,114.41 $27,644.32 Meyer Contracting, Inc. Yes Yes $1,055,697.18 $19,051.25 Veit & Company, Inc. Yes Yes $1,091,407.50 $32,335.00 SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 461 day of February 2020, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Peterson Companies, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: 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. 18-839 MOSS Yard Waste Site CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices including Bid Alternate #1, based on estimated required quantities is estimated to be $923,247.40. 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 b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (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 By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: Peterson Companies, Inc. By Its Its CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Febraury 4, 2020 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 272760 - 272954 Wire Transfers 1024567 - 1024649 Wire Transfers 7467 — 7478 City of Eden Prairie Council Check Summary 2/4/2020 Division Amount Division Amount 000 General 14,534 308 E-911 81 100 City Manager 36,165 506 Improvement Bonds 1996 58,268 102 Legal Counsel 36,712 509 CIP Fund 35,963 110 City Clerk 7 522 Improvement Projects 2006 479,309 111 Customer Service 2,717 532 EP Road Connect Flying Cloud 29,422 112 Human Resources 163 538 SingleTree Lane South 332 113 Communications 10,140 Total Capital Projects Fund 603,375 114 Benefits & Training 2,919 131 Finance 51 601 Prairie Village Liquor 108,407 132 Housing and Community Services 19,874 602 Den Road Liquor 241,429 136 Public Safety Communications 905 603 Prairie View Liquor 121,635 150 Park Administration 9 605 Den Road Building 1,818 151 Park Maintenance 25,085 701 Water Enterprise Fund 434,419 153 Organized Athletics 1,959 702 Wastewater Enterprise Fund 330,923 154 Community Center 68,861 703 Stormwater Enterprise Fund 1,017 156 Youth Programs 742 Total Enterprise Fund 1,239,647 160 Therapeutic Recreation 39 162 Arts 490 802 494 Commuter Services 8,925 163 Outdoor Center 759 806 SAC Agency Fund 124,250 168 Arts Center 361 807 Benefits Fund 458,628 180 Police Sworn 33,583 812 Fleet Internal Service 38,831 184 Fire 725,769 813 IT Internal Service 74,835 200 Engineering 1,113 815 Facilites Operating ISF 11,997 201 Street Maintenance 28,723 816 Facilites City Center ISF 41,349 202 Street Lighting 2,914 817 Facilites Comm. Center ISF 70,127 Total General Fund 1,014,592 Total internal Svc/Agency Funds 828,941 301 CDBG 750 Report Total 6,125,580 303 Cemetary Operation 253 312 Recycle Rebate 800 Total Special Revenue Fund 1,803 435 2008B G.O. Improvement Bonds 200 437 G.O. Perm. Improv. 2010A 400 439 G.O. Refunding Bonds 2011C 133 440 GO Perm Impr Ref Bonds 2011D 400 441 2012A G.O. Refunding Bonds 400 442 2012B G.O. Refund Capital Imp 400 443 2012C GO Perm Impr Ref Bonds 1,275,150 446 2014A G.O. TAX ABATEMENT BONDS 1,160,006 448 2016A GO BONDS - WEST 70TH ST. 133 Total Debt Service Fund 2,437,223 City of Eden Prairie Council Check Register by GL 2/4/2020 Check# Amount Supplier/Explanation Account Description Business Unit Comments 7471 2,434,356 U S BANK Interest 2014A G.O. TAX ABATEMENT BONDS Bond payments 7470 677,535 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Fire Relief Pension Payment Fire Fire Relief Pension Payment 272900 452,789 EUREKA CONSTRUCTION INC Improvement Contracts Improvement Projects 2006 Preserve Blvd Reconstruction 1024602 376,199 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground Storage Reservoir and Pump Station Proj. 272920 350,217 METROPOLITAN COUNCIL Waste Disposal Wasterwater Collection Wastewater Svc Fee Feb 2020 272801 296,145 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Premiums Feb 2020 7474 149,466 FURTHER- AKA SELECT HSA- Employer Health and Benefits HSA 01.10.20 7477 146,477 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Dec 2019 Sales Tax 1024649 106,107 XCEL ENERGY Electric Water Storage Multi location electric 272822 93,486 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 272810 66,877 JOHNSON FITNESS &WELLNESS Training Supplies Fitness Center 1024638 66,463 LOGIS LOGIS General Fixed Asset Account Gr 272803 58,268 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Right of Way&Easement Improvement Projects 1996 272916 57,097 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1024636 53,447 GREGERSON ROSOW JOHNSON&NILAN LTD Legal EP Rd Connect to Flying Cloud 272849 40,392 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 272809 37,529 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1024604 36,155 STREICHERS Capital Under $25,000 Police Sworn 1024633 28,135 CENTERPOINT ENERGY Gas Senior Center 272899 26,312 EMERGENCY RESPONSE SOLUTIONS Small Tools Fire 272938 21,927 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 272882 19,466 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 272888 18,989 COMPASS MINERALS AMERICA, INC Salt Snow&Ice Control 272765 14,835 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 272818 14,788 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1024587 14,457 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Improvement Projects 2006 272936 14,152 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 272880 14,038 BOLTON &MENK INC Design &Engineering Improvement Projects 2006 272915 13,336 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 272866 12,863 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 272855 12,358 THINK DIGITAL SIGNS Other Assets General Fixed Asset Account Gr 272784 10,268 CORNERHOUSE Other Contracted Services Police Sworn 272930 10,177 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 272808 10,135 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1024640 10,000 NOVOTX LLC Software Maintenance IT Operating 272841 9,728 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 272797 9,518 GRAYMONT Treatment Chemicals Water Treatment 272897 9,408 EMBEDDED SYSTEMS INC Other Contracted Services Emergency Management 272881 9,400 BWS HEATING&AIR CONDITIONING Building Materials Outdoor Center 272844 9,125 PROP Other Contracted Services Housing and Community Service 1024643 9,125 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 272777 8,442 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 272850 8,170 SPACK CONSULTING Deposits General Fund 1024586 7,139 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 272867 6,962 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 7467 6,935 FURTHER- AKA SELECT FSA- Dependent Care Health and Benefits 272847 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 272868 6,267 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 272877 6,070 BARTLEY SALES COMPANY INC Machinery&Equipment Capital Outlay Parks 1024569 6,034 BRAUN INTERTEC CORPORATION Testing EP Rd Connect to Flying Cloud 272820 5,893 MAVERICK DRONE SYSTEMS Capital Under $25,000 Police Sworn 1024627 5,770 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 272864 5,742 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 272865 5,388 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 272948 5,191 VAISALA Software Maintenance IT Operating 1024630 5,181 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1024645 4,956 STREICHERS Clothing&Uniforms Police Sworn 272904 4,721 GRAYMONT Treatment Chemicals Water Treatment 272935 4,640 PRINTING ENTERPRISES INC Printing Sustainable Eden Prairie 272826 4,265 MINNESOTA ATHLETIC APPAREL Fire Prey Supp-Pub Ed/PR Fire 272794 4,249 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 272911 4,187 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1024629 4,121 A-SCAPE INC Contract Svcs - Snow Removal Building 51 272838 4,056 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 272858 4,000 U S BANK Paying Agent Wastewater Capital 1024589 3,679 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 272946 3,537 ULTIMATE SOFTWARE GROUP, THE Ultimate (prey. Ceridian) IT Operating 272874 3,483 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 272951 3,372 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1024583 3,341 VAN PAPER COMPANY Tenant 1-Cleaning Supply City Hall (City Cost) 272813 3,340 K-TECH SPECIALTY COATINGS, INC Salt Snow&Ice Control 7478 3,309 U.S. BANK- I-494 PURCH. CARD Marketing 494 Corridor Commission 272863 3,143 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 272766 3,111 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 272780 3,102 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 272814 2,976 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits 1024606 2,960 WALL TRENDS INC Contract Svcs - General Bldg Police (City Cost) 272869 2,850 ABELSEN JAMES Legal Legal Council 272926 2,800 NORTH AMERICAN SAFETY INC Repair&Maint. Supplies Wasterwater Collection 272763 2,739 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 272950 2,725 WATCHGUARD VIDEO Hardware- R&M Capital Maint. &Reinvestment 7468 2,721 FURTHER- AKA SELECT FSA- Dependent Care Health and Benefits 272805 2,669 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 272791 2,500 EXPRESSIVE! Other Contracted Services Organizational Services 272776 2,475 BOLTON &MENK INC Deposits General Fund 272907 2,463 HEALTHPARTNERS Accounts Receivable 494 Corridor Commission 1024648 2,271 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 272929 2,184 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1024584 2,182 VINOCOPIA Liquor Product Received Den Road Liquor Store 272768 2,087 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006 1024613 2,078 CONCRETE CUTTING AND CORING Safety Supplies Street Maintenance 272941 2,060 STERNBERG LIGHTING Operating Supplies Street Lighting 272860 1,992 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 272896 1,959 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Volleyball 272903 1,904 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 272823 1,890 MHSRC/RANGE Training Fire 272947 1,705 UPD BURNSVILLE MEDICAL LLC Deposits City Clerk 272772 1,683 BASELINE INC Other Contracted Services Park Maintenance 1024598 1,680 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 272914 1,607 J&R COMPLETE AUTO &RADIATOR Equipment Parts Fleet Operating 272909 1,592 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies Fire 272806 1,588 HOMELINE Other Contracted Services Housing and Community Service 272895 1,557 DODGE, STEVE AR Utility Water Enterprise Fund 7476 1,537 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 272799 1,535 GYM WORKS Equipment Repair&Maint Fitness Center 272839 1,514 PERA Payroll-ExecutiveDirector 494 Corridor Commission 272832 1,480 MN MECHANICAL SOLUTIONS INC Equipment Repair&Maint Water Treatment 1024608 1,361 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1024616 1,334 LYNDALE PLANT SERVICES Contract Svcs - hit. Landscape City Center- CAM 272854 1,235 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 272919 1,233 MEGA BEER Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1024626 1,196 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1024585 1,195 WSB &ASSOCIATES INC Design&Engineering General Fixed Asset Account Gr 272764 1,187 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 272796 1,182 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 272934 1,150 PRECISE MRM LLC Other Contracted Services Snow& Ice Control 272893 1,124 DELI DOUBLE Miscellaneous Internal Events 1024570 1,082 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Emergency Management 272770 1,077 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1024625 1,033 VAN PAPER COMPANY Cleaning Supplies Senior Center 272872 1,020 ALLINA HEALTH SYSTEM Training Fire 272827 1,015 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions Police Sworn 272857 1,003 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 272954 989 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 1024610 976 AMERIPRIDE LINEN &APPAREL SERVICES Operating Supplies-Linens Prairie View Liquor Store 272913 961 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 272931 960 PITNEY BOWES Postage Customer Service 272829 948 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 272952 907 WM CORPORATE SERVICES INC Waste Disposal Fire Station#4 272942 905 THE ADVENT GROUP Temp 494 Corridor Commission 272853 900 SUBURBAN WILDLIFE CONTROL INC Equipment Repair&Maint Stormwater Collection 1024571 896 FASTENAL COMPANY Equipment Parts Fleet Operating 272769 856 AMERICAN WATER WORKS ASSOCIATION Dues & Subscriptions Utility Operations - General 272905 851 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 272918 828 MARS SUPPLY Lubricants &Additives Fleet Operating 272886 812 CITY OF SAINT PAUL Asphalt Overlay Water Distribution 272876 810 BARNA, GUZY & STEFFEN ,LTD Legal Legal Council 272943 800 THE AMAZING SCOTT BALLOON ENTERTAINMENT Other Contracted Services Recycle Rebate 272816 739 LINDSTROM RESTORATION Other Contracted Services Police Sworn 272871 730 AIRGAS USA LLC Supplies - Pool Pool Maintenance 272889 728 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development 272846 712 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 272924 710 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1024619 660 ONE CALL NOW Other Contracted Services Snow& Ice Control 1024615 655 JOHNSTONE SUPPLY Supplies - HVAC City Center- CAM 1024607 613 WATSON CO INC, THE Merchandise for Resale Concessions 272785 600 COVERTTRACK GROUP Dues & Subscriptions Police Sworn 272845 600 RABBIT RESCUE OF MN Other Contracted Services Fitness Classes 272940 597 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 272927 586 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 272778 569 CENTURYLINK Electric IT Operating 272922 561 MN DEPT OF TRANSPORTATION Testing EP Rd Connect to Flying Cloud 272862 561 PETTY CASH Miscellaneous Facilities Staff 272908 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Rehab 272807 537 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 272788 521 DOMACE VINO Liquor Product Received Den Road Liquor Store 272817 518 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1024591 509 FERRELLGAS Gas Outdoor Center 272949 500 WARNING LITES Operating Supplies Traffic Signals 272774 492 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 1024578 474 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 272798 453 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 272833 446 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 1024600 438 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 272906 414 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 272873 410 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 272879 408 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 272894 406 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 272859 394 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1024612 389 CHEMSEARCH Contract Svcs - Ice Rink Ice Arena Maintenance 272891 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 1024642 380 RENDERS INC Chemicals Park Maintenance 1024623 377 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 272790 370 ESTRINE, ROBERT Other Contracted Services Community Band 272890 364 CORE &MAN Repair&Maint. Supplies Water Distribution 272789 356 E A SWEEN COMPANY Merchandise for Resale Concessions 272851 354 STAPLES ADVANTAGE Office Supplies City Hall (City Cost) 1024599 352 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 272795 347 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1024572 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 272837 341 NAC Contract Svcs -Plumbing General Community Center 272819 340 MARCO INC Telephone IT Operating 1024597 339 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1024596 332 MENARDS Operating Supplies Park Maintenance 1024609 332 XCEL ENERGY Electric Traffic Signals 1024639 323 MENARDS Operating Supplies Police (City Cost) 272939 322 STAPLES ADVANTAGE Office Supplies Customer Service 272787 309 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1024588 307 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations - General 272884 297 CENTURYLINK Internet Staring Lake 1024647 291 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 272902 282 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General 1024590 280 CDW GOVERNMENT INC. Operating Supplies IT Operating 1024644 278 SPS COMPANIES Supplies - HVAC City Center- CAM 272775 275 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 272831 275 MINT CONDITION DETAILING INC Repair&Maint. Supplies Fire 1024568 270 AMERIPRIDE LINEN &APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1024605 268 UPS Postage Utility Operations - General 7475 257 VANCO SERVICES Bank and Service Charges Wastewater Accounting 272824 250 MID-STATES ORGANIZED CRIME INFO CENTER Dues & Subscriptions Police Sworn 272923 250 MNIAI Dues & Subscriptions Police Sworn 272834 245 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 272885 238 CINTAS Operating Supplies Park Maintenance 1024635 237 GRAINGER Supplies - Electrical Elections 1024580 234 SITEONE LANDSCAPE SUPPLY, LLC Repair&Maint. Supplies Pleasant Hill Cemetery 272786 232 DIRECTV Cable TV Community Center Admin 272945 227 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police Sworn 1024632 222 BOYER TRUCKS Equipment Parts Fleet Operating 7469 214 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 272910 213 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 1024641 198 PREMIUM WATERS INC Operating Supplies - Water Fire 1024611 193 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1024595 178 JEFFERSON FIRE & SAFETY INC Equipment Repair&Maint Fire 1024593 177 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 1024620 174 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1024573 164 IRMITER, JESSE Tuition Reimbursement/School Police Sworn 272901 164 GALLS LLC Clothing&Uniforms Volunteers 1024579 161 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 272937 160 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 272793 150 FIRE SAFETY USA INC Equipment Parts Fleet Operating 1024646 150 USA SECURITY Maintenance Contracts Water Treatment 1024637 149 HANSEN THORP PELLINEN OLSON Design &Engineering Improvement Projects 2006 1024628 144 AMERITRAK Other Contracted Services Snow&Ice Control 7473 140 FURTHER- AKA SELECT Other Deductions Health and Benefits 1024601 135 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Police (City Cost) 272843 135 PRINT SOURCE MINNESOTA Printing Fitness Admin. 272811 133 JOHNSTONE SUPPLY Repair&Maint- Ice Rink Ice Arena Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 1024567 131 ADAMS PEST CONTROL INC Contract Svcs - Pest Control General Community Center 272771 130 ASPEN MILLS Clothing&Uniforms Fire 272815 120 LAW ENFORCEMENT TECHNOLOGY GROUP LLC Dues & Subscriptions Police Sworn 272828 120 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues & Sub-Cert&Licensing Fire 272953 120 ZACKS INC Operating Supplies Park Maintenance 1024575 119 METROPOLITAN FORD Equipment Parts Fleet Operating 1024582 117 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 272861 115 YANG JASON Reimbursement Traffic Signs 272792 110 FBINAA Dues & Subscriptions Police Sworn 1024617 110 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 272898 109 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 272835 105 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 272783 103 COMCAST Cable TV Fire 272802 102 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 272928 99 PAULSEN LIESL Deposits General Fund 272767 96 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 272848 94 SHRED RIGHT Waste Disposal City Hall (City Cost) 272921 89 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 1024634 89 GRAFIX SHOPPE Equipment Parts Fleet Operating 1024574 89 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 1024618 83 MPX GROUP, THE Office Supplies Fire 272781 81 COMCAST Equipment Repair&Maint E-911 Program 272836 80 MURRAY JAMES P&R Refunds Community Center Admin 272878 79 BECKER ARENA PRODUCTS INC Repair&Maint- Ice Rink Ice Arena Maintenance 1024631 78 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police Sworn 272830 76 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 272856 75 TRI-COUNTY LAW ENFORCEMENT ASSOCIATION Dues & Subscriptions Police Sworn 272932 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 7472 70 MONEY MOVERS INC Other Contracted Services Community Center Admin 1024614 70 FASTENAL COMPANY Safety Supplies Fleet Operating 272875 65 ASSOC OF STATE WETLAND MANAGERS INC Dues & Subscriptions Stormwater Non-Capital 1024622 64 SCHULZE, CARTER Mileage&Parking Engineering 272804 62 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 272812 60 KLICK, BARBARA P&R Refunds Community Center Admin 1024592 56 GINA MARIAS INC Operating Supplies Police Sworn 272782 53 COMCAST Cable TV Fire 1024576 51 MILLER JENNY Mileage&Parking Finance 272944 50 T-MOBILE USA Other Contracted Services Police Sworn 1024621 49 RUE, RODNEY Mileage&Parking Engineering 272840 40 PERFORMANCE KENNELS INC Canine Supplies Police Sworn 272773 33 BCA- MNJIS Other Contracted Services Police Sworn 272933 28 PRAIRIE LAWN AND GARDEN Repair&Maint. Supplies Water Distribution 272852 26 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 272870 23 ACTIVE 911 INC Software IT Operating 1024603 23 SPS COMPANIES Operating Supplies Park Maintenance 272925 23 MPCA Licenses, Taxes, Fees Utility Operations - General 1024624 22 TOLL GAS AND WELDING SUPPLY Repair&Maint. Supplies Water Distribution 272842 22 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 1024577 22 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 272821 21 MCGRATH MEGAN Mileage&Parking New Adaptive 272825 21 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 272779 20 CHRIS CASTLE INC Website Development 494 Corridor Commission 1024581 19 SPOK, INC. Cell/Pager Plans IT Operating 272800 18 HANSON JENNIFER Tuition Reimbursement/School Fitness Classes 1024594 17 JANEX INC Cleaning Supplies General Community Center 272917 15 JW PEPPER& SON INC Operating Supplies Community Band 272912 14 HOLCOMB, AUDREY Mileage&Parking Skating Rinks/Warming Houses 272892 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission Check# Amount Supplier/Explanation Account Description Business Unit Comments 272883 5 CEF EP COMMUNITY SOLAR LLC Electric General Community Center 272887 2 COMCAST Other Contracted Services Police Sworn 6,125,580 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 4, 2020 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Mayor Ron Case Resolution of Support for Managing Water Flows in Minnesota River Basin XI.A. Requested Action Move to: Adopt the resolution supporting managing water flows in the Minnesota River Basin through increased water storage and other strategies and practices. Synopsis The Minnesota River Congress is spearheading an initiative to secure significant funding by requesting a bill in the state legislature that would create a realistically adequate pool of money targeted specifically for surface water storage. The envisioned program and funds would target the Minnesota River Basin and potentially other Minnesota basins where applicable. Funds would be directed for implementation to Soil and Water Conservation Districts, Watershed Districts, and landowners. The resolution supports efforts of the Minnesota River Congress, multiple partners and cooperators to work with local, state and federal lawmakers to create a voluntary government initiative. Background Due to land use practices, both urban and rural, the Minnesota River Watershed has reached the point where it is necessary to begin to both temporarily and permanently store more water on the landscape. Exacerbating this condition is the climatic trend and future prediction of increased rainfalls in short periods of time. The combination of all these factors leads first to small and medium streambank erosion. The dislodged sediments combined with increased flows enable sediment and nutrient delivery to our lakes, major tributaries and main stems where they then flow downstream all the way to the Mississippi, Lake Pepin and ultimately the Gulf of Mexico. Extensive scientific data collected over decades shows clearly that we need to put more water storage on the landscape. Additional water storage can protect infrastructure and improve water quality. Diverse water storage practices, such as replacing historically drained lakes and wetlands and promoting soil health, will all help achieve this goal. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION OF SUPPORT FOR MANAGING WATER FLOWS IN MINNESOTA RIVER BASIN THROUGH INCREASED WATER STORAGE AND OTHER STRATEGIES AND PRACTICES WHEREAS, a fraction the natural water storage that once existed on the landscape in the form of prairie potholes,wet meadows and shallow lakes in the Minnesota River Basin has been converted to dry usage; and WHEREAS, ever-increasing impervious surfaces in municipal areas together with existing and increased agricultural drainage coupled with significantly increased precipitation patterns is dramatically increasing water flows in all our streams, lakes and rivers; and WHEREAS, fast-rising, high water levels in rivers and streams flood adjacent low-lying areas, erode stream banks, create backups on existing tile and ditch systems, and increase sediment transfer downstream; and WHEREAS, many acres of farm fields are flooded each year, sometimes multiple times each year, by river and stream flooding thereby preventing planting or destroying growing crops; and WHEREAS, storing water in upstream areas of the landscape will mitigate and slow the amount of water moving into rivers and streams and reduce flooding and erosion; and WHEREAS, storing water in upstream areas of the landscape and other strategies such as improving soil health will mitigate and slow the amount of water moving into rivers and streams and reduce flooding and erosion; and WHEREAS, the Minnesota River Congress, a citizen-led group focusing on the natural resources and economic health of the Minnesota River Basin, is spearheading an initiative to increase water storage on the landscape using recommendations from the Collaborative for Sediment Source Reduction(CSSR) study as well as the Management Options Simulation Model (MOSM) study recommendations in conjunction with the rich datasets available through state agency monitoring, assessment and conservation targeting (WRAPS, TMDLS, 1W1P) to support the case for the need for more water storage as a basis for its initiative; and WHEREAS,the Minnesota River Congress is planning to introduce legislation at the state and federal levels to secure significant funding for surface water storage on the landscape in the Minnesota River Watershed. NOW THEREFORE, BE IT RESOLVED, that the City of Eden Prairie supports the Minnesota River Congress in its efforts to increase water storage on the landscape and manage the flow of water in the Minnesota River Basin; and BE IT FURTHER RESOLVED, that the City of Eden Prairie supports the Minnesota River Congress in its efforts to secure state and federal funding targeted specifically to increase surface water storage in the Minnesota River Watershed. ADOPTED by the Eden Prairie City Council this 4th day of February 2020. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk