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City Council - 10/06/2020
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 06, 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. SMOKE FREE MULTIFAMILY HOUSING (5:30-6:00) II. ELECTRIC VEHICLE CHARGING STATIONS (6:00-6:30) Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT Click to edit Master title style Eden Prairie Smoke-free Housing Resident Survey: Key Findings & City level Policy Options Hennepin County Public Health Hennepin County Smoke-free spaces in Eden Prairie Timeline 2018: Eden Prairie passes a policy increasing the sales age of tobacco products to 21 2019 Smoke-free Multi Unit Housing (SFMUH) resident survey is completed: four with smoking not permitted policies and three that are smoking permitted 2020 •40 properties -55% with policies (22), 45% without (18) •Proposal of advanced strategies to city leadership Hennepin County Smoke-free Multi-unit Housing (SFMUH) Resident Survey “I think it's a good idea to make apartment buildings smoke free. The smell can linger for years if you move into a place where a prior resident smoked. By moving smokers outside, it will reduce the risk of secondhand smoke to residents while inside the units.” -resident of a smoke-free multi-unit housing development in Eden Prairie Healthy Housing for All The Hennepin County Public Health Department believes that all housing needs to be healthy housing. According to the U.S. Surgeon General’s report, there is no safe level of exposure to secondhand smoke Hennepin County Goal To learn about smoking habits in apartments, resident experience of secondhand smoke and opinions about smoke-free building policies for both where they live and for properties citywide in order to assess strategies that the city of Eden Prairie may consider in order to reduce multi-unit housing tobacco exposure and use. Hennepin County Methodology •Direct outreach to Eden Prairie properties •Survey delivery varied by property –one survey per household •One week for completion –incentives provided •Surveys distributed to 526 smoke-free units in 4 properties; 181 returned •Surveys distributed to 313 smoking permitted units in 3 properties; 75 returned Hennepin County Demographic Highlights from Smoking Permitted Properties Data shows that the most vulnerable populations to chronic disease are older adults, minorities and low-wealth and resourced residents. In smoking-permitted properties there are: •more residents with lower HH income •more Black or African Americans compared to those respondents living in smoking not permitted properties Hennepin County Supportive Data 2.3% 0.1% 13.8% 7.0% 1.8% 1.7% 5.3% 4.1% 0%10%20%30%40%50% White Foreign-born black US-born black Black or African American Southeast Asian Asian or Asian American American Indian or Alaska Native Hispanic % Exposed to Secondhand Smoke at Home (SHS) by selected race/ethnicities*,**among non-smokers SHAPE 2018: selected findings* Difference in rates across major race and ethnicity categories is statistically significant @ p<0.05. The test doesn’t include subgroups i.e. Southeast Asian, US-born black, Foreign-born black. . ** Difference in rates between US-born black and foreign-born blacks is statistically significant @ P,0.05. Race and ethnicity are mutually exclusive. If a respondent said that he/she is Hispanic, and at the same time, indicated one or more race, he /she will be classified as Hispanic only. SHAPE 2018: selected findings 20.1% 29.4% 42.4% 9.3% 19.9%23.5% 0.0% 20.0% 40.0% 60.0% 80.0% 100.0% Reporting poor or fair health*Ever had hypertension*Being obese (BMI>=30)* SHS at home-YES SHS at home No % report selected health status by SHS at home status * * Denotes that the difference in rates between the groups is statistically significant at p<0.05. “I think it's great to start promoting smoke free buildings inside and out. My neighbors smoke outside which makes it challenging for me to have my windows open. I hope this gets passed.” -resident of a smoking permitted multi-unit housing development in Eden Prairie Hennepin County Support for a smoke-free voluntary policy in all individual apartments within building Strongly Support, 74% Somewhat support, 8% Do NOT support, 18% Smoking Permitted N=50 Hennepin County Support for citywide policy/ordinance prohibiting smoking from inside the building Smoking Not Permitted N=176 Yes , 87.5% No, 12.5% Yes, 82% No, 18% Smoking Permitted N=73 “We have been smoke-free [in all units and the building] for years….It causes damage to ceiling tiles and walls ….. any complaints are investigated.” -property manger of a smoke-free multi-unit housing development in Eden Prairie Minnesota Multi-Family Careless Smoking Property Damage Fire Data 2010 -2019 YEAR NO. OF FIRES DOLLAR LOSS 2010 82 $7,307,749 2011 92 $3,621,888 2012 85 $3,920,113 2013 88 $2,507,187 2014 75 $1,295,097 2015 68 $924,550 2016 65 $2,532,925 2017 93 $2,844,655 2018 89 $1,256,436 2019 69 $579,330 Recommendations •Incentivize SF MUH policy adoption by adopting a municipal resolution or declaration •Require property owners to establish and disclose smoking policy to prospective renters and/or buyers •Establish secondhand smoke as a nuisance •Incentivize or require SF MUH policy adoption through •the city rental licensing program •city funded development projects •Require MUH properties to be smoke free Hennepin County ELECTRIC VEHICLE CHARGING STATIONS (EVCS) PLANNING DIVISION CITY COUNCIL WORKSHOP BACKGROUND January 21, 2020 –Open Podium Interest in St. Louis Park Ordinance Encourage the City to continue prioritizing EVCS February –June 2020 –Staff Research on EVCS Ordinances, July 27, 2020 –Planning Commission Discussion August –September 2020 –Outreach to multifamily property owners/managers PRESENTATION OVERVIEW Presentation Framework: How would City Council like to proceed with EVCS? Summary of St. Louis Park Ordinance Summary of Planning Commission Discussion Multifamily Property Owner/Manager Survey Discussion and Questions SUMMARY OF ST. LOUIS PARK ORDINANCE Level 1 EVCS considered slow charging with 120v outlets and can completely charge a car in about 8 hours. Level 2 EVCS considered medium charging with 240v outlets and can completely charge a car in about 2 hours. DC EVCS considered fast or rapid charging. Greater than 240v and can completely charge a car in about 20 minutes. SUMMARY OF ST. LOUIS PARK ORDINANCE, CONTINUED Lots with 14 or fewer spaces: No EVCS required Lots with 15 –49 spaces: 1 Level 2 station required. Multifamily required to have 5% of the required parking be Level 1 EVCS. Lots with 50+ spaces: Required to have at least 1% of the required parking be Level 2 station. Multifamily required to have 10% of the required parking be Level 1 EVCS plus 1 Level 2 station for guest parking. SUMMARY OF ST. LOUIS PARK ORDINANCE, CONTINUED Lots also required to install wiring with electrical capacity for future EVCS for at least 10% of the required parking stalls Reduction in EVCS requirement available if installation of EVCS would cost more than 5% of total project cost CITY ATTORNEY OPINION Based on current legal standings and State Building Code, Eden Prairie could require EVCS on surface parking lots and in multifamily development Cannot require in single family development at this time due to State Building Code requirement Developers can volunteer to install stations like Eden Ridge and Villas at Smith Village. Could require once State Building Code requires the necessary voltage to support an EVCS PLANNING COMMISSION DISCUSSION Overall support for EVCS Incentivizing EVCS more broadly supported Requiring EVCS may make sense in some cases, desire expressed to be a leading City Scale & type of development could be determining factor for incentive vs requirement Residences, offices, maybe mall/large retail best locations for EVCS. Not at general commercial uses long enough for charge (unless fast charge installed) PLANNING COMMISSION DISCUSSION, CONTINUED Interested in seeing City pursue partnership with car companies to install stations in public areas May make sense to wait for Building Code update before adopting ordinance relative to single family homes Asked staff to reach out to multifamily property owners/managers about current use/demand MF PROPERTY OWNER/MANAGER SURVEY Sent survey to 26 multifamily property owners/managers – Received 11 responses (42% response rate) 1 property has 2 EVCS free to guests and residents 3 properties report resident request to use or install EVCS 2 properties report resident(s) owning electric vehicles 3 properties have EVCS at properties in other cities, reported little or unknown use/demand at other properties DISCUSSION & QUESTIONS AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 6, 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 $6,000 FROM COMCAST AND SCHEELS TO EDEN PRAIRIE CRIME PREVENTION FUND FOR SPORTING GOODS FOR LOCAL YOUTH (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 15, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 15, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS A. HOUSING TASK FORCE REPORT VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ASPIRE COMP PLAN AMENDMENT NO. 2 By City of Eden Prairie C. ASPIRE COMP PLAN AMENDMENT NO. 3 By City of Eden Prairie. Second Reading of an Ordinance for Zoning District Change on 2.66 acres (Ordinance for Zoning District Change) CITY COUNCIL AGENDA October 6, 2020 Page 2 D. MINOR SUBDIVISION – 9840 HOMEWARD HILLS ROAD By Ping Zhan and Gregory Kuznecoff. Resolution for minor subdivision on 1.15 acres (Resolution for Minor Subdivision) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRAIRIE HEIGHTS F. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR GENERAL ELECTION G. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS H. APPROVE AGREEMENT WITH PRESCRIPTION LANDSCAPE INC. FOR SNOW AND ICE MANAGEMENT SERVICES I. AWARD CONTRACT TO ACTION FENCE, INC. FOR MILLER PARK FENCING REPLACEMENT PROJECT J. APPROVE LEASE EXTENSION WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD FIELDS K. APPROVE AGREEMENT WITH BOLTON AND MENK, INC. FOR DESIGN AND PERMITTING OF OLD SHADY OAK ROAD CULVERT PROJECT AND APPROVE LICENSE AGREEMENT FOR NINE MILE CREEK WATERSHED DISTRICT HYDROLOGIC AND HYDRAULIC MODEL L. APPROVE LICENSE AGREEMENT FOR USE OF NINE MILE CREEK WATERSHED DISTRICT’S P8 STORMWATER MODEL M. AUTHORIZE ENTERING INTO GRANT AGREEMENT WITH HENNEPIN COUNTY FOR HEALTHY TREE CANOPY GRANT IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA October 6, 2020 Page 3 B. REPORT OF CITY MANAGER 1. Adopt Resolution Relating to $7.4 Million General Obligation Refunding Bonds, Series 2020A 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 ANNOTATED AGENDA DATE: October 2, 2020 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 6, 2020 ___________________________________________________________________________________________ TUESDAY, OCTOBER 6, 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 $6,000 FROM COMCAST AND SCHEELS TO EDEN PRAIRIE CRIME PREVENTION FUND FOR SPORTING GOODS FOR LOCAL YOUTH (Resolution) Synopsis: A donation was made to the Eden Prairie Crime Prevention Fund from Comcast to facilitate an outreach program involving donation of sporting goods for local youth. Scheels Sporting Goods also contributed sporting equipment for this event. MOTION: Move to adopt the Resolution accepting the donation of $6,000.00 from the Eden Prairie Crime Prevention Fund that was donated from Comcast ($5,000) and Scheels Sporting Goods ($1,000.00) to purchase sporting goods for local youth. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA October 6, 2020 Page 2 VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 15, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 15, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS A. HOUSING TASK FORCE REPORT Synopsis: Having completed its meetings and work sessions the Housing Task Force has produced a comprehensive written report for the City Council’s consideration. The report will also be brought before the City’s HRA on October 20th so Councilmembers will have the opportunity to fully consider the document and the recommendations therein. MOTION: Move to accept the Housing Task Force’s written report that contains the Task Force’s housing recommendations to the City Council. VIII. CONSENT CALENDAR MOTION: Move approval of items A-M on the Consent Calendar. A. CLERK’S LICENSE LIST B. ASPIRE COMP PLAN AMENDMENT NO. 2 By City of Eden Prairie C. ASPIRE COMP PLAN AMENDMENT NO. 3 By City of Eden Prairie. Second Reading of an Ordinance for Zoning District Change on 2.66 acres (Ordinance for Zoning District Change) D. MINOR SUBDIVISION – 9840 HOMEWARD HILLS ROAD By Ping Zhan and Gregory Kuznecoff. Resolution for minor subdivision on 1.15 acres (Resolution for Minor Subdivision) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRAIRIE HEIGHTS F. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR GENERAL ELECTION ANNOTATED AGENDA October 6, 2020 Page 3 G. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS H. APPROVE AGREEMENT WITH PRESCRIPTION LANDSCAPE INC. FOR SNOW AND ICE MANAGEMENT SERVICES I. AWARD CONTRACT TO ACTION FENCE, INC. FOR MILLER PARK FENCING REPLACEMENT PROJECT J. APPROVE LEASE EXTENSION WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD FIELDS K. APPROVE AGREEMENT WITH BOLTON AND MENK, INC. FOR DESIGN AND PERMITTING OF OLD SHADY OAK ROAD CULVERT PROJECT AND APPROVE LICENSE AGREEMENT FOR NINE MILE CREEK WATERSHED DISTRICT HYDROLOGIC AND HYDRAULIC MODEL L. APPROVE LICENSE AGREEMENT FOR USE OF NINE MILE CREEK WATERSHED DISTRICT’S P8 STORMWATER MODEL M. AUTHORIZE ENTERING INTO GRANT AGREEMENT WITH HENNEPIN COUNTY FOR HEALTHY TREE CANOPY GRANT IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Adopt Resolution Relating to $7.4 Million General Obligation Refunding Bonds, Series 2020A Synopsis: The 2020A bonds are being issued to refund the following bonds: ANNOTATED AGENDA October 6, 2020 Page 4 The December 1, 2021, through December 1, 2025, maturities (the “Series 2010A Refunded Bonds”) of the City’s $1,190,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2010A (the “Series 2010A Bonds”), dated as of December 1, 2010, the proceeds of which financed various public improvement projects within the City pursuant to Minnesota Statutes, Chapters 429 and 475; The December 1, 2021, through December 1, 2025, maturities (the “Series 2011D Refunded Bonds”) of the City’s $1,805,000 General Obligation Permanent Improvement Revolving Fund Crossover Refunding Bonds, Series 2011D (the “Series 2011D”), dated as of December 1, 2011, the proceeds of which refinanced the City’s General Obligation Permanent Improvement Revolving Fund Bonds, Series 2005B; The January 1, 2022, through January 1, 2026, maturities (the “Series 2012A Refunded Bonds”) of the City’s $5,110,000 General Obligation Crossover Refunding Bonds, Series 2012A (the “Series 2012A Bonds”), dated as of March 1, 2012, the proceeds of which refinanced the City’s General Obligation Bonds, Series 2005C; and The January 1, 2022, through January 1, 2027, maturities (the “Series 2012B Refunded Bonds”) of the City’s $3,170,000 General Obligation Capital Improvement Plan Crossover Refunding Bonds, Series 2012B (the “Series 2009A Bonds”), dated as of March 1, 2012, the proceeds of which refinanced the City’s General Obligation Capital Improvement Plan Bonds, Series 2006B. We expect to save approximately $315,000 from the refinancing. MOTION: Move to adopt a resolution relating to $7,400,000 General Obligation Refunding Bonds, Series 2020A; Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, and Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment Thereof. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF ANNOTATED AGENDA October 6, 2020 Page 5 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 SECTION: Proclamations and Presentations DATE: October 6, 2020 DEPARTMENT / DIVISION: Greg Weber, Police Chief ITEM DESCRIPTION: Donation for Community Outreach ITEM NO.: IV.A. Requested Action Move to: Adopt Resolution accepting the donation of $5,000.00 from the Eden Prairie Crime Prevention Fund that was donated from Comcast and $1,000.00 worth of equipment which was donated from Scheels Sporting Goods. The donations were used to purchase sporting goods for local youth. Synopsis A donation was made to the Eden Prairie Crime Prevention Fund from Comcast to facilitate an outreach program involving donation of sporting goods for local youth. Scheels Sporting Goods also contributed sporting equipment for this event. Background Due to the cancellation of Safety Camp and other outreach programs cancelled because of social distancing/Covid 19 and with a desire to continue juvenile outreach programs and relationship building in the community an event took place at which sporting equipment was given out to local youths. 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 $6,000 from the Eden Prairie Crime Prevention Fund, as received from Comcast ($5,000) and Scheels Sporting Goods ($1,000), used for the purchase of sporting goods for local youth, is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 6th day of October, 2020. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 15, 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. MAC FLYING CLOUD FIELDS LEASE Getschow stated the original agenda included a cemetery discussion, but the board could not make it to the meeting. Lotthammer will speak on the item if time allows. Lotthammer presented on the current use of the Flying Cloud Fields, the recent demands from the Metropolitan Airport Commission (MAC) staff, and the potential next steps. The history and timeline of the MAC Flying Cloud Fields started when Martin “Pappy” Grill constructed a landing strip on his small family farm. MAC purchased the airport in 1948 and in 1964 there was an official lease with the City for nine ballfields, free of charge. In 1980 the lease was $225 per year for the recreational areas and trails. There was a 22 acre addition with football, soccer, and baseball fields and parking. In 2002, MAC proposed to expand the airport to allow more air traffic and larger aircraft. The City opposed the expansion. In 2002, MAC and the City executed the Final Agreement regarding expansion of the airport. The City and MAC executed a Memorandum of Understanding (MOU) which includes a lease for the Flying Cloud Fields. In 2011, the Flying Cloud Fields were expanded with two baseball and two lacrosse fields. In 2016, the Miracle League field was added, taking the place of a small baseball field. Currently, the fields are used by all volunteer athletic associations: soccer clubs, soccer association, football association, lacrosse association, baseball association, and Miracle League Field. Aho inquired how well utilized the Miracle League Field is. Lotthammer responded it gets a small amount of users. There’s one field in Minnetonka as well, so they use both locations. There has not been much use this year. Aho inquired if there is a way to get more field usage for the Miracle League Field. Lotthammer replied children with disabilities from many different cities make up one team for the Miracle League Fields, so it would be difficult. City Council Workshop Minutes September 15, 2020 Page 2 Lotthammer stated in the past the City has cooperated and has worked with MAC. The MOU waived $1.5 million in infrastructure fees and special assessments for MAC. The City also re-drew the boundaries when the expansion was done to facilitate MAC’s desire to develop a daycare site. The daycare site originally was planned to be an area for field development for the City. The City then moved further south at some cost for additional grading and an expanded storm pond to accommodate the daycare site. Additionally, the City has provided police and fire services at no cost, which is not the case for all airports. Aho inquired if there is a cost associated to the police and fire services provided. Weber responded the majority of the service provided is proactively patrolling. The department can gather some data to put an average cost to the services provided. Gerber added there are an average of eight to ten fire calls per year ranging from an aircraft emergency to a spill on the runway. Calls usually last two hours or less, but the standard response typically includes two engines and one or two chiefs. He can gather more information to determine the cost. Narayanan added the replacement cost should also be taken into consideration rather than just the hours of service. If MAC were to hire or retain a police and fire department to do the same job, consider the cost associated with doing so. Lotthammer noted the intentions are to compel MAC to work with the City on a reasonable solution. Lotthammer stated there have been several meetings between MAC and City staff to discuss the future lease. MAC recently, with the upcoming renewal, wanted to make changes to the agreement. They offered to renew the lease, but at a significantly higher rate. Staff reminded MAC of the previous agreement and history. Many of the MAC staff were not around when the agreements took place and there is currently a focus on real estate. Freiberg noted it may be important for MAC to understand free fire and police services is a bargaining chip. Neuville stated she has done a lot of research on the City’s history with MAC. In 2010, the City executed a Final Agreement with MAC. The City historically opposed expansion of the airport due to noise and environmental issues. They City agreed to not oppose the expansion if MAC agreed to commit to limits on type and weight of aircraft, no additional extension of runways, voluntary restraint on nighttime operations, and noise attenuation testing and sound insulation. New developments around the airport will get a notice about the airport when the property is being developed. The MOU was negotiated and executed at the same time as the Final Agreement. MAC also granted a permanent license for the property now known as Cedar Hills Park. The lease for the ball fields was a three-year renewable lease with one-year recapture rights. The intent of the recapture would be if the airport needed the space for airport use, not commercial. The lease rate is subject to negotiation but in the same order of magnitude as current lease payments. The original lease payment was around $500 to $600, tied to the change in federal revenue diversion policy. The Federal Aviation Administration (FAA) approved the MOU. There have been no changes in federal revenue diversion policy City Council Workshop Minutes September 15, 2020 Page 3 since 2002. The lease for the ball fields was initially signed in 2010. In 2010, the City also did a development MOU with MAC, prezoning properties they want to develop in the future. The rent escalation for the leases was determined to be three percent per year. As of today, rent would be about $4,500. Last year MAC stated they wanted a one year lease for 2019 without a renewal option. They can decide to recapture or terminate before the end of the lease term but the renewal option offered has to be within the same order of magnitude. This would be considered a violation of the MOU and lease. The proposed rate with land release is $3.4 million. Without the land release is $273,261 by 2025. Aho inquired if the lease rate would apply towards purchasing the land. Neuville replied no. Aho noted although it is based on market value, there is really no market for the land. Neuville noted the appraisal stated although the land is zoned public right now, the highest and best usage would be commercial. As a commercial site it is appraised at $3.4 million. This is not one of the prezoned properties. A point of contention has been whether or not the City has the authority to zone airport property. In the past, the attorney general had stated the City cannot zone or regulate airport property put to aeronautical use but can zone and regulate other properties under their ownership. Aho stated it would understandable if they had sold or developed their current properties, but that has not been the case. Neuville stated in 2010 they agreed to have the City zone their properties. MAC’s position is the market value has increased on the property. The initial lease was not tied to market value. Aho inquired if they are open to negotiation. Neuville replied they may be. The first step is an informal discussion between the City Manager and Executive Director. If we cannot come to an agreement, there would be a formal mediation. These steps are required before anyone can file suit. Lotthammer noted if the lease is not renewed and MAC decides to recapture, the City has 90 days to restore the property back to MAC’s satisfaction. This could be costly at upwards of $1 million. Without the fields, many of the games played there would move to neighborhood parks. The times of the games may not be convenient, and there would be more wear and tear on the turf. There would likely need to be upgrades to current fields. Aho inquired about reaching out to the chair of the board. Getschow added he had heard a comment from one of the board members indicating he already knew about the proposal. Case added he had considered meeting with the chair and executive director but was not certain it would be beneficial prior to the dispute resolution. Lotthammer stated Staff do not recommend executing a short-term lease for $50,000 as a next step. Other options are to reach out to the MAC board members, invoke the dispute resolution process, engage athletic associations, or recapture and evacuate the site. City Council Workshop Minutes September 15, 2020 Page 4 Case stated his initial concern was the flight-based operators (FBO) wanting to eliminate the weight restrictions as part of the agreement. According to the executive director, this is not the motive. The second concern was the FAA is forcing the issue, which is also not the case. Aho inquired when the lease needs to be executed. Neuville stated the lease expired, but a lease extension through the end of the year will be on the consent calendar on October 6. Another option she wanted to highlight is the ability to cancel the development MOU and to rezone property. Case added he believes the executive director is proud of our partnership. Nelson inquired if the City can charge MAC the $1.5 million if the MOU no longer exists. Neuville responded she was previously referring to the development MOU, but the infrastructure MOU would likely be in default rather than canceled. Case added Council and Staff should quickly strategize and create a flow chart of different options or paths the City could take in negotiations. Narayanan added it may be better to meet with a board member first rather than going directly to the chair and executive director. II. CEMETERY BOARD PROPOSAL Lotthammer stated a few months ago Mike Rodgers from the Eden Prairie cemetery stated he and the board would like to dissolve and be done managing the cemetery. To transfer the cemetery, the City Council would need to accept the property. Staff inquired about the work load and cost to maintain. Late last week, they had a change of heart and now want to continue to manage the cemetery in order to complete some projects. There is currently no known timeline for when they would like to be done managing the cemetery. Narayanan inquired if the City has a preference. Lotthammer responded although there is a cost associated, much of that is covered by selling plots and perpetual care funds. Case noted it would be beneficial to have an agreement in writing when they do decide to dissolve and transfer the property. Aho inquired if we have contracts to manage the City cemetery. Lotthammer responded yes. Staff do 10 to 15 hours a week of administrative work. With the additional cemetery, staff time would likely increase to 22 to 25 hours per week. Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 15, 2020 7:00 PM, CITY CENTER 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, Police Chief Greg Weber, Fire Chief Scott Gerber, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. EDEN PRAIRIE COMMUNITY FOUNDATION RECOGNITION Getschow stated a representative of the Eden Prairie Community Foundation is here to recognize two members of the City Council tonight. He introduced Tina Palmer, Chair of the Community Foundation Board of Directors. Ms Palmer explained the Community Foundation wanted to recognize an outgoing member of the foundation’s Board of Directors, Council Member Narayanan, who served as Chair of the Foundation for two years. She presented Council Member Narayanan with an award for his service on the Community Foundation Board. Council Member Narayanan thanked the Foundation for the award. Ms Palmer then presented an award to Mayor Case for his longtime membership and leadership service to the Community Foundation. Case thanked Ms Palmer for the award and for her work with the Foundation. He also thanked the Foundation’s Executive Director, Mark Weber, for the consistency he provides for our non-profits in the community. B. WEEKEND TO UNITE PROP FOOD DRIVE PROCLAMATION CITY COUNCIL MINUTES September 15, 2020 Page 2 Case noted the City has had some disappointments this year when some of our fun events had to be cancelled because of the COVID-19 pandemic. Eden Prairie residents have enjoyed the Night to Unite event over the years as we spotlight our Fire and Police Departments. We decided we would not hold that event in the traditional way this year, rather this year five churches are coming together with PROP and the Community Foundation to continue the event tradition by sponsoring a food drive this coming weekend, Saturday and Sunday. As a City Council, he believed we should have a proclamation encouraging residents of Eden Prairie to participate in the food drive. Mayor Case read a proclamation proclaiming the weekend of September 19 and 20 as the Weekend to Unite, PROP Food Drive, in the City of Eden Prairie. Nelson observed PROP will also accept money if someone does not want to go out to shop for something. Narayanan commented many people are in need of assistance with food this year. Case reported there are specific needs for PROP and encouraged everyone to check the PROP website for the specific needs. There are tremendous needs across the country but also here in Eden Prairie. Many of us have kept our jobs during the pandemic; and he asked those who have kept their jobs to share with our Eden Prairie neighbors who are having tougher times. C. DIRECT SUPPORT PROFESSIONAL (DSP) RECOGNITION WEEK PROCLAMATION Getschow introduced Barbara Brandt, representing the Direct Support Professionals. Case read a proclamation declaring the week of September 13-19 to be Direct Support Professional Recognition Week in Eden Prairie to honor and support the important work of direct support professionals in our community. He thanked Ms Brandt and the DSP group for their work to provide support to our residents who are in need of care and support. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item XIV.B.2. MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 1, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 1, 2020 CITY COUNCIL MINUTES September 15, 2020 Page 3 MOTION: Aho moved, seconded by Narayanan, to approve the minutes of the City Council Workshop held Tuesday, September 1, 2020, and the City Council meeting held Tuesday, September 1, 2020, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. PRAIRIE HEIGHTS by Norton Homes LLC. Second Reading of Ordinance No. 13- 2020-PUD-8-2020 for PUD District review with waivers and zoning change from Rural to R1-9.5 on 9.6 acres; Development Agreement (Ordinance No. 13-2020-PUD-8- 2020 for PUD District Review; Development Agreement) C. APPROVE AGREEMENT WITH BERGANKDV FOR AUDITING SERVICES FOR 2020 TO 2022 D. ADOPT RESOLUTION NO. 2020-85 TO PARTICIPATE IN METROPOLITAN COUNCIL’S LIVABLE COMMUNITIES ACT PROGRAMS FROM 2021-2030 E. APPROVE EXECUTION OF SUBORDINATION AGREEMENT AND AMENDED AND RESTATED ASSIGNMENT OF TAX INCREMENT FINANCING FOR SUMMIT PLACE F. APPROVE AGREEMENT WITH SRF FOR CONSTRUCTION ADMINISTRATION SERVICES FOR WEST 62ND STREET PROJECT G. AWARD WEST 62ND STREET CONTRACT TO S.M. HENTGES & SONS, INC. FOR WEST 62ND STREET RECONSTRUCTION PROJECT H. ADOPT RESOLUTION NO. 2020-86 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION FOR SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE I. APPROVE CHANGE ORDER NO. 1 WITH BITUMINOUS ROADWAYS, INC. FOR 2020 PAVEMENT MANAGEMENT PROJECT J. AWARD CONSTRUCTION CONTRACT TO MINGER CONSTRUCTION CO. FOR SUMMER PLACE EROSION REPAIRS Case stated Items VIII.F. and G. are related to his employer, United Health Group/Optum, so he planned to recuse himself from the vote on those two items. MOTION: Nelson moved, seconded by Freiberg, to approve Items A-E and H-J on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES September 15, 2020 Page 4 MOTION: Aho moved, seconded by Nelson, to approve Items F-G, on the Consent Calendar. Motion carried 4-0-1, with Case abstaining. IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution No. 2020-87 Certifying the Proposed 2021 Property Tax Levy, Accepting the Proposed 2021 Budget, Setting the Date for Public Hearing, and Consenting and Approving the HRA Tax Levy Getschow stated the State of Minnesota requires cities to adopt a preliminary property tax levy and certify that amount to the county auditor on or before September 30, 2020. In addition, the City Council has traditionally prepared a preliminary budget for the coming year and has announced a proposed budget for the coming year at the same meeting. The Council must also announce the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. We are proposing December 1, 2020, as the date proposed for that public hearing. Getschow reported this year there have been some revenue concerns because of the COVID-19 environment. Staff is confident we can adopt most, if not all, for the second year of our two-year budget. The City will be receiving some Federal COVID dollars in 2020. Following approval of the preliminary 2021 budget, all property owners will be informed of the proposed levy and budget. We will also be holding a public hearing for the ten-year Capital Improvement Plan (CIP) budget. There is a sizable document posted on the website that provides detail on the proposed budget and tax levy for 2021. The proposal will increase the levy by a modest 3.2%. The budget will increase by CITY COUNCIL MINUTES September 15, 2020 Page 5 2.8% with flat debt. With the proposed levy and budget, a property tax payer with a median-value home will see an increase of 1-1.5 %. The value of a median value home for 2021 is $415,800. This levy proposal would decrease the taxes on that home by about $5.00. He explained the City Council has until the end of the year to finalize the levy and budget but would not be able to raise the amount set in tonight’s resolution. Aho brought up the point this sets the upper limit but not the lower limit. Nelson thanked staff for doing a good job and with a very modest increase. She believed the citizens of the City are very happy with this because our taxes are lower than many cities in the metro area. Narayanan asked about a comparison with other cities. Getschow explained the City tax rate is proposed to go down. Our tax rate is in the lower 15% for cities of our size in the metro area. Case explained the tax bill that residents receive has various portions and the City’s portion is about 25% of the total tax. The School District and County could raise their portion so the total tax may be higher. He reviewed how the levy, budget and the tax rate numbers are related. If a community’s tax base is healthy and is increasing, the city can raise the same amount of money from the tax base yet the tax rate can move down. Our tax rate has been moving down for many years. We want to have a very healthy tax rate because that means a healthy economic environment. We try to set the preliminary levy as close to the budget as possible. Our staff is good at setting the number in an accurate and trustworthy manner. Our goal should never be to be the lowest taxing city around; rather we should aim to deliver quality services efficiently and responsibly and to address the needs of our residents. MOTION: Aho moved, seconded by Nelson, to adopt Resolution 2020-87 that: certifies the proposed 2021 property tax levy to be $41,014,490; sets December 1, 2020, as the meeting which will include discussion of the budget and provide for public comment; accepts the proposed 2021 budget of $53,055,474; and consents and approves the HRA tax levy of $200,000. Motion carried 5-0. 2. Southwest Light Rail Transit (SWLRT) Update Getschow reported the Federal government and the Federal Transit Administration (FTA) finalized the grant award for SWLRT yesterday, so the approval is now final, and the money will come in for the SWLRT. Ellis reviewed progress to date for the SWLRT project. He explained the SWLRT has been under construction contract since November of 2018. This year has been the big construction year for the project. At this time all the CITY COUNCIL MINUTES September 15, 2020 Page 6 bridges and the tunnel are being constructed, all of which are complicated structures. The skyline and landscape of Eden Prairie has been transformed with the structures that have been completed. He reported we will start to see some of our streets being repaved and opened again. He cautioned there will be a little heavy construction continuing into 2021. In 2022 the finishing touches will be installed along the SWLRT line, and there will be test runs. In 2023 the SWLRT will start to take riders. He stated the SWLRT will complement the existing excellent bus transportation system, our trail system and our highway system. Eden Prairie will be very well positioned for the future with our transportation system. Case observed this was very exciting news for Eden Prairie. It is the largest public works project in the history of the State of Minnesota. He thanked staff for all their work which has meant lots of hours spent over decades. Nelson stated she has represented the City on Southwest committees and was extremely happy to see this all come together. 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 5-0. Mayor Case adjourned the meeting at 7:48 p.m. CITY COUNCIL AGENDA SECTION: Reports of Advisory Boards and Commissions DATE October 6, 2020 DEPARTMENT / DIVISION Jonathan Stanley, Office of Housing & Community Services Janet Jeremiah, Community Development ITEM DESCRIPTION Accept the Housing Task Force’s written report. ITEM NO. VII.A. Requested Action Accept the Housing Task Force’s written report that contains the Task Force’s housing recommendations to the City Council. Synopsis Having completed its meetings and work sessions the Housing Task Force has produced a comprehensive written report for the City Council’s consideration. The report will also be brought before the City’s HRA on October 20th so Councilmembers will have the opportunity to fully consider the document and the recommendations therein. Background The Housing Task Force was commissioned by the Mayor and City Council in spring 2019. Meeting monthly, the diverse members of the Task Force were introduced to the City’s programs, policies, and planning as regard housing, especially affordable housing, and explored a host of potential new strategies to address the City’s housing goals and needs. Concluding in September 2020, the Task Force will now present its findings during a City Council meeting and submits its written report. Attachments Housing Task Force Report to the City Council Housing Task Force Report Full Appendix 1 Eden Prairie Housing Task Force Recommendations to City Council and Mayor October 6, 2020 “Housing is the foundation of any community. It helps to determine the health and vibrancy of a community.” (Aspire Eden Prairie 2040) According to the Aspire Eden Prairie 2040 Plan1, appropriate housing that meets its citizens’ needs is an integral part of Eden Prairie’s future prosperity and its citizens’ health and wellbeing. The Eden Prairie Housing Task Force was formed in June 2019 to research, evaluate and make recommendations which address the aspirations and challenges of property protection, production and preservation laid out in the Aspire 2040 Plan.2 This Report summarizes that work. Executive Summary After careful evaluation and extensive work, the Task Force has determined that the following recommendations combine best housing practices with the values and needs of our unique and wonderful community. Accordingly, the Task Force strongly recommends that the City Council and Mayor take the following steps (as further detailed herein) to address the goals set forth in the Aspire 2040 Plan: 1. Adopt and implement an Inclusionary Housing Policy and related recommendations; 2. Explore unique housing opportunities in proximity to new public transit development (SWLRT); 3. Adopt and implement an Affordable Housing Trust Fund; 4. Adopt and implement practices to preserve NOAH (Naturally Occurring Affordable Housing); 5. Adopt and implement Tenant Protection Ordinance and Practices; 6. Implement Task Force Recommendations for Seniors; 7. Actively explore various out-of-the-box housing strategies; 8. Implement communication strategies relating to affordable housing and the various Task Force recommendations; and 9. Proceed with next steps. The Task Force’s recommendations, including rationale, are set forth in the following Sections of this Report and are consolidated in Exhibit C. Comparisons to several surrounding communities3 and a variety of options are also included. Background: As the Aspire Plan highlights, Eden Prairie is an affluent, largely developed suburb, with much of its housing stock geared towards ownership of single family, detached homes. Few undeveloped properties remain; the vast majority of these are small (2-5 acres) and nestled in existing neighborhoods. A notable housing shortage exists for lower income, owner-occupied housing and rental properties (including single and multi-family rental units). There is also a significant unmet need for affordable housing and for senior- friendly housing units.4 1 See Exhibit A for the Eden Prairie Aspire Plan Plan: Chapter 4 (Housing and Residential Areas Plan) 2 See Exhibit B for the Housing Task Force Charter 3 See Exhibit D for information on those communities used as comparisons throughout this Report 4 The Aspire Plan also references a need for upper income properties; the Housing Task Force determined that these are not among Eden Prairie’s most pressing needs. 2 At the beginning of 2020, Eden Prairie had 906 subsidized affordable housing units5, serving a population of approximately 65,000 people.6 In addition, according to the Aspire Plan, Eden Prairie should expect an influx of 20,000 people, requiring 8,500 new units of various levels of affordability, by 2040.7 The Metropolitan Council identifies the affordable housing need for the Minneapolis–Saint Paul Metro area and allocates a certain amount to each community in the region. By 2030, Eden Prairie’s allocation is production of 1,4088 new affordable units – see below for breakdown by Area Median Income (AMI) categories. Over the next 20 years, we know of the addition of at least 123 affordable units that will count towards those production goals. However, during that same period, the City will lose 821 units as their affordability ages out and the units presumably become market rate. Accordingly, Eden Prairie will suffer a net loss of 698 affordable units. Accordingly, unless we take immediate and decisive actions, our community’s existing housing shortages will only worsen. *See Exhibit H for supporting data for this and all charts included in this Report. The Task Force recognized a need to balance addressing Eden Prairie’s housing needs with the values of the Eden Prairie community. The citizens of Eden Prairie value and want to maintain the desirability of living in Eden Prairie, with its green spaces, outstanding schools and safe neighborhoods. We understand and value the richness that diversity in backgrounds, ages, professions, cultures and income levels bring to a community. We value the stability that housing brings to our resident families and to people who want to age in the same community in which they raised families. We also want to ensure that Eden Prairie remains economically competitive, that businesses (including developers) will want to continue doing business in our City. Finally, the Task Force recognized the need to educate our community about the nature and benefits of affordable housing across all income levels. 5 Please note that page 76 of the Aspire plan incorrectly states that Eden Prairie currently has 1,325 publicly subsidized affordable housing units. The total number of units in buildings with any affordable units was included, not just the affordable units. The correct number is 906. 6 According to U.S. Census Data, Eden Prairie has a population of 64,893 as of July 1, 2019, and a growth rate of 6.7% from April 1, 2010 to July 1, 2019. 7 Aspire Plan page 74 8 Aspire Plan page 75 3 In reviewing Eden Prairie’s housing needs and the Met Council’s affordable housing goals for our Community and given the limited amount of open land for development9, the Task Force recognizes the housing future of Eden Prairie will consist of smaller new developments, including single family homes, and the renovation or redevelopment of larger rental properties (often leading to a loss of affordability). Accordingly, a focus on building and rehabilitation of rental units will create the biggest impact. Building on the success of recent projects that include affordable housing (such as Trail Point Ridge and Elevate), the Task Force recognized that providing developers with economic assistance, potential variances and streamlined entitlement processes provides the City ongoing opportunities to work with developers to implement various housing strategies in an economically sound way. Accordingly, we favored an approach that provides our City administration with a variety of tools that can be tailored to each unique circumstance. Based on our research, the Task Force also identified renter protection strategies as necessary to ensure an acceptable quality of rental housing and the wellbeing of Eden Prairie renters. The City needs to ensure that the larger housing complexes don’t fall into disrepair as they age nor be lost by conversion into higher rate rentals, but rather continue to meet Eden Prairie’s standards. This could also help maintain age, economic and cultural diversity among residents. Next Steps: Accordingly, we bring you, the Eden Prairie City Council and Mayor, our best recommendations for a varied and creative toolbox of strategies from which to address the housing needs of our community as we move confidently into the future of our City together. These recommendations are laid out in the following sections: Section One: Demographics of Affordable Housing in Eden Prairie Section Two: Inclusionary Housing Policy and Related Recommendations Section Three: Housing Opportunities due to Public Transit Development (SWLRT) Section Four: Affordable Housing Trust Fund Section Five: Naturally Occurring Affordable Housing (NOAH) Section Six: Tenant Protection Ordinance and Practices Section Seven: Recommendations for Senior Housing Section Eight: Other Strategies to Consider Section Nine: Communication Strategies Section Ten: Next Steps Acknowledgements Exhibits The Eden Prairie Housing Task Force strongly recommends that the Eden Prairie City Council and Mayor accept and fully embrace our recommendations as a roadmap to fulfill the housing vision and goals set forth in the Aspire Plan 2040 plan. In addition, as discussed herein, the Task Force encourages the City to pursue a robust communication strategy relating to the need and desirability of affordable housing and to the adopted recommendations. 9 According to page 61 of Aspire Plan, adopted in October of 2019 by the City Council, Eden Prairie currently had less than 250 acres of undeveloped land at that time, and that much of this was expected to be developed by 2040. For perspective, Eden Prairie has approximately 2000 acres of open water. 4 Section One Demographics of Affordable Housing in Eden Prairie10 Our recommendations, and indeed any conversation regarding affordable housing needs to be prefaced by an understanding of the housing market in Eden Prairie, including what constitutes “affordable housing” in our community. According to the Metropolitan Council10, the cost of a single-family home in Eden Prairie has increased, from $276K in 2001, to $365kK in 2011 (post-recession) to $394K in 2016. Eden Prairie’s cost of housing has increased beyond historical appreciation levels of approximately 4%.11 Since 2001, the percentage of homes sold in the upper price brackets has increased significantly and since 2011, the percentage of homes sold at prices below $150,000 has decreased. In 2016, 3,136 homes were sold, with 235 homes priced below $150,000. 1769 homes were sold between $300,000-$499,000; the next largest category is 603 homes sold between $500,000 and $1million. According to the Task Force’s realtor members, demand for housing exceeds the supply; this is expected to continue for at least five years. These members estimate that $300,000 is realistic minimum price for a detached single-family home in Eden Prairie, and $200,000 is a realistic minimum price for an Eden Prairie townhome.12 The cost of a home is only a component of affordability. The key measure of affordability is the dollar amount required for housing payments (mortgage or rent) in comparison to the occupant’s income. Housing is generally considered affordable when housing costs the homeowner or renter 30% or less of their income; spending more than 30% is considered to be a “cost burden” and more than 50% (both increasing trends) is considered to an “extreme cost burden.” Dedicating more than 30% of their income to housing puts families in financial jeopardy. 10 For additional information on Eden Prairie demographics, see Exhibit E. 11 Certificate of Real Estate Value, Minnesota Department of Revenue as published in Metropolitan Council Community Profiles: Eden Prairie 12 Numbers provided by Task Force realtor members, based on the Case Shiller Index, MLS statistics and their professional expertise. 5 According to Habitat for Humanity, the minimum income for a family of five to own a 4 BD/2 BA quality house in a desirable location (such as Eden Prairie) is $37,000.13 Although monthly payments vary based on mortgage terms, based on a $300,000 home in Eden Prairie with 10% down and a 30 year, 3% fixed rate mortgage and excluding utilities, insurance and maintenance, monthly payments would be approximately $1,138. For this to be “affordable”, the owner/occupant’s income would need to be at least $45,530 per year. For market rate rental properties in a desirable location such as Eden Prairie, Habitat for Humanity estimates a minimum monthly payment of $1,460 (plus a one-month deposit) for a 2BR, 1Bath apartment. According to PROP (People Reaching Out to People), the average rent for a two bedroom apartment in Eden Prairie tops $1,500.14 These amounts do not include utilities. When these monthly payments are considered in light of wages, the Task Force finds that many current residents are being priced out of our community. It is also becoming increasingly difficult for Eden Prairie to attract new, professionally and economically diverse people and families. These wages are often below the threshold for a living wage, and for those adults with children, may even be at a poverty level. With housing as a significant expense, families can be forced to choose between housing, food and clothing/school supplies for growing children. This is inconsistent with the Eden Prairie community values as researched and articulated in the Aspire Plan. In addition, the wages of these and other occupations fall within the various AMIs used in inclusionary housing policies. As shown in the chart below, an “extremely low” income level for a family of 4 is $31,000 13 See Exhibit E for TC Habitat for Humanity Housing Continuum and Examples. 14 PROP information provided by Jenny Buckland, Program Director of PROP. 0 Children 1 Child 2 Children 3 Children 0 Children 1 Child 2 Children 3 Children 0 Children 1 Child 2 Children 3 Children Living Wage $12.61 $27.55 $32.63 $41.16 $20.49 $25.58 $28.15 $32.92 $10.25 $15.12 $17.66 $21.29 Poverty Wage $6.00 $8.13 $10.25 $12.38 $8.13 $10.25 $12.38 $14.50 $4.06 $5.13 $6.19 $7.25 Minimum Wage $9.86 $9.86 $9.86 $9.86 $9.86 $9.86 $9.86 $9.86 $9.86 $9.86 $9.86 $9.86 Source: Living Wage Calculation for Hennepin County, Minnesota https://livingwage.mit.edu/counties/27053 2 Adults (Both Working) 1 Adult 2 Adults (1 Working) 6 – more than the salary of a full-time certified nursing assistant or a beginning preschool teacher. Average salaries for all teachers in Eden Prairie are classified between “very low” and “low” incomes for a family of four. Accordingly, as the chart below shows, nearly one in four Eden Prairie residents are considered cost burdened, and a shocking 43% of renters are paying more than 30% of their income for housing costs. Affordable housing has become even more problematic as a result of the pandemic of 2020. According to work done by PROP, “The pandemic of 2020 continues to have negative effects on our community - its businesses and its people. In the Twin Cities, job losses have begun to influence people’s ability to stay in their homes. A recent report by HousingLink, a primary source for affordable housing-related information and resources, shows the precarious situation most low- to moderate-income renters find themselves in with the unemployment boost ending and the Governor's executive order prohibiting evictions set to expire in mid-August.” The findings15 from nearly 1000 renters brought concern for our neighbors in August and beyond: 15 https://housinglink.org/Research/paying-rent-during-the-pandemic 7 Those staying current on rent have fallen from 91% to 72%. An alarming 70% of those already employed have lost their job or hours during the pandemic, with only 20% of those expecting to be back to working at full capacity by July 31. 26% of respondents do not believe they will be able to continue paying rent after the Governor’s moratorium expires. During the past fiscal year, PROP served 72 households in Eden Prairie with housing related needs; through April 2020, PROP’s case managers have helped more than 100 Eden Prairie families with housing challenges. On average over the past few years, PROP’s experience shows that approximately $1400 (one month’s assistance) will keep a family from becoming homeless. PROP has provided over $40,000 in assistance to keep just over 20 families stable from May through Mid-August 2020, with recent requests requiring 2-3 months assistance. This demonstrates the expected shift to more assistance being needed to keep households in our community out of homelessness through this crisis.16 Please see Exhibit F for a few examples of how PROP has helped individuals in the Eden Prairie area. Families should be able to enjoy the privileges of Eden Prairie and have access to safe, quality housing regardless of where they work and the amount of money that they have. Residents shouldn’t be forced out of their homes. Accordingly, in order to maintain and encourage a diverse community, create housing stability for residents, including families, and provide Eden Prairie residents housing options that meet their needs during aging, the Task Force has prioritized lower income housing in its work. In addition, the Task Force has made other recommendations which will help us towards achieving this goal. As the chart below shows, the percent of people who work and live in Eden Prairie, is fairly stable, at about one in five. Many commute from Minneapolis followed by Bloomington, Minnetonka and Edina.17 Thus, 80% of those who work in Eden Prairie do not live here—most likely because they cannot afford to. This represents a major disconnect in terms of the City’s motto of Live, Work, and Dream. 16 PROP information provided by Jenny Buckland, Program Director of PROP. 17 U.S. Census Bureau Local Employment-Household Dynamics 20%20%20%20%20%18%20%21%21%20%19%19%20.23%20.11% 0% 5% 10% 15% 20% 25% 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Where People Who Work in Eden Prairie Live 2004-2017 Eden Prairie Other Minneapolis Bloomington Edina Minnetonka St. Louis Park Chanhassen Plymouth St. Paul Golden Valley 8 Section Two Inclusionary Housing “Goal 1: Incentivize attainable and affordable housing options for lower-income households so they can move to and remain in Eden Prairie.” (Aspire Eden Prairie 2040, Housing and Residential Areas Plan) RECOMMENDATIONS: RECOMMENDATION 1: The Task Force strongly recommends the adoption and enforcement of an Eden Prairie Inclusionary Housing Policy (see details below). RECOMMENDATION 2: The Task Force strongly recommends that the City encourage multifamily developments to be comprised of 100 percent affordable housing units. RECOMMENDATION 3: The Task Force recommends that landlords be required to accept tenant-based rental assistance (including Housing Choice/Section 8 vouchers and Elder Waivers) for affordable housing that is created pursuant to Eden Prairie’s Inclusionary Housing Policy (as long as the combined subsidy and tenant payment is equal to or lesser than published allowable rent levels per below). RECOMMENDATION 4: The Task Force recommends that developers provide and follow Affirmative Fair Housing Marketing Plans for developments to which the Inclusionary Housing Policy applies. RATIONALE FOR RECOMMENDATIONS: RECOMMENDATION 1: The Task Force strongly recommends the adoption and enforcement of an Eden Prairie Inclusionary Housing Policy. The Task Force’s analysis shows that the best strategy for addressing Eden Prairie’s need for lower income housing is the adoption and enforcement of a robust inclusionary housing policy. This policy would apply to each new housing development, redevelopment and, to the extent feasible, rehabilitation that requires City approvals, licensing or assistance. Our inclusionary housing policy would provide options and benefits for developers as well as a variety of tools for use by the City in obtaining the best inclusionary housing outcomes for each unique project. Our neighboring communities have Inclusionary Housing Policies (see Exhibit G), and the Task Force has determined that that Eden Prairie should have these policies as well. Having a written policy reflecting inclusionary housing requirements, including potential developer options and benefits, will provide clear upfront guidance to potential developers which will help set developer expectations and streamline negotiations with the City. The absence of published, clear guidelines which all developers must follow regarding inclusionary housing, leads to confusion and inconsistencies. Accordingly, the Task Force recommends that the following components be adopted as the Eden Prairie Inclusionary Housing Policy: 9 *Consistent with best and most applicable standards of neighboring communities. See below and Exhibit G. **Different than standards currently in place with neighboring communities. See below and Exhibit G. In addition, as an acknowledgment of the cost that compliant developers incur when complying with inclusionary requirements, the Task Force recommends that the City develop a suite of “by right” cost offsets which are automatically realized by these developers. Standardizing a package of financial and processing benefits (see list below) in support of an inclusionary policy would provide these developers a sense of confidence that the City recognizes their sacrifice; it would also streamline the process and allow developers to predictably build more accurate pro formas early in the process. A standardized package would also provide consistency across developments. This would provide a known baseline, while still allowing additional tools to be utilized by the City in its negotiations around the unique needs of each development. At present, all cost offsets are debated and negotiated both internally and externally on a development by development basis. Tools that could be utilized by the City of Eden Prairie in a “by right” cost offset package or otherwise to make projects more attractive to developers and/or to obtain additional affordable units (beyond Policy requirements) include the following: a. Local SAC/WAC b. Density variances c. Parking variances d. Fee adjustments/waivers e. Expedited licensing processing 18 Based on the research done, the Task Force recognizes that Eden Prairie currently has a need for units which house large families. Please see Section 8 Additional Strategies to Consider. TRIGGERED BY * PROJECT TYPE* DEVELOPMENT SIZE** INCLUSIONARY UNIT REQUIREMENT*18 TERM** Multifamily Requests for licenses, permits (including PUD, zoning or comp plan change) or City financial assistance New, rehabilitation and redevelopment properties for which trigger is met Applies to developments with 15 or more units Developer option: 5% of units in development at 30% of AMI, 10% at 50% of AMI or 15% at 60% of AMI In Perpetuity, with buy-out option for developer. ( Buy-out to be at set time/price in future as determined by City.) Single Family Requests for licenses, permits (including PUD, zoning or comp plan change) or City financial assistance New, rehabilitation and redevelopment properties for which trigger is met Applies to developments with 15 or more units Developer option: 10% at 120% of AMI with “buy out” option (fee to be-determined) Not applicable 10 f. Common space variances19 g. Grants20 h. Monies in an Affordable Housing Trust Fund (see Section 4). Our recommendations relating to the triggers, project types and number of inclusionary units are comparable to the requirements of the surrounding communities which the Task Force has found to be the most applicable to Eden Prairie. Please see Exhibit G for the requirements of neighboring communities. Note that the number of units in our recommended policy is the same as Brooklyn Park and very similar to St Louis Park. The Task Force also strongly recommends both that Eden Prairie allow certain “buy outs” from a developer’s obligations to provide affordable units under the Policy and that any funds from these in lieu of fees be placed in an Affordable Housing Trust Fund (see Section 4).21 This is consistent with several communities, who typically place developer “in lieu of” funds in a Housing Trust Fund to be used by the community to advance inclusionary and other housing goals. The ability for a developer to use “in lieu of” payments is particularly appealing for developers of single family developments in communities with small plots of undeveloped land and high land costs such as Eden Prairie, as these costs make providing affordable units economically difficult. In fact, our housing data regarding land costs most closely aligns with Edina, which has successfully raised funds for affordable housing initiatives through this mechanism. Our recommendations relating to term and development size differ from the current requirements of neighboring communities because our recommendations are necessary to achieve the creation and maintenance of affordable housing in Eden Prairie in accordance with the Aspire 2040 Plan goals. These requirements are softened by allowing developer “in lieu of” payments as described above. Furthermore, if necessary, elements of this Policy can be modified in the future. However, if Eden Prairie does not adopt these recommendations now, we will fall further and further behind our housing goals. Term for Multifamily Affordable Housing: The Task Force strongly recommends that the term for keeping inclusionary housing in place should be in perpetuity, with an option for a developer to “buy out” the requirement at a to-be-determined fee after 30 years.22 The Task Force further recommends that the buyout fee be placed in the Housing Trust Fund (see Section 4). The reasons for our recommendation are as follows: 1. Eden Prairie has been losing affordable units as various developments have “aged” out; if the developer does not need assistance or approvals from Eden Prairie at that time, they are able to convert previously affordable units to market rate. Accordingly, any units added to the City’s affordable housing stock simply attempt to fill the gap of affordable housing that is lost. The decline in affordable units in Eden Prairie is substantial over the next 32 years, as illustrated in the following chart. 19 In evaluating variances to green areas, density, and building materials, the City should seek to preserve these elements as they are important factors in the desirability of Eden Prairie as a quality place to place. 20 For example, Met Council Livable Communities Grants have proven in recent years to be a critical source of project funding for Elevate, Paravel, and Trail Pointe Ridge. Staff investment in applying for the grants is somewhat considerable, and the funding comes with reporting requirements. However, grants can be worked into project timelines and help offset the cost of affordable requirements. 21 For example, the Prairie Heights development proposal for 23 single family homes priced between $700-800,000 which was recommended for approval by the Planning Commission on 7/27/2020 could have provided some monies to be utilized to encourage affordable units in other developments. 22 30 years matches the Minneapolis requirement. 11 *See Exhibit H for supporting data for this and all charts included in this Report. The Task Force’s analysis shows that slowing or stopping the loss of existing affordable units is critical to making progress towards our affordable housing goals. Our research also showed that developers with affordable housing missions may find an “in perpetuity” term acceptable. However, the Task Force recognizes the importance of developers/owners to have options to buy out this requirement in order to make certain projects economically feasible and remain competitive. 2. Many of the variances granted development projects such as parking variances, density, etc., remain with the project in perpetuity to the benefit of the developer. So too, should the benefit to Eden Prairie’s goals for affordability, further justifying this recommendation. 3. In perpetuity terms for affordable housing is gaining acceptance (over 130 communities nationally) and, while not yet widely used locally, is currently being discussed in our neighboring communities. 4. To date, Eden Prairie has successfully negotiated in perpetuity terms in seven existing buildings or projects despite the lack of a formal requirement. These represent 66 affordable units. This evidences acceptance of this concept, particularly if done in concert with the City providing other cost-saving benefits to the developer. 12 . Development Size. The Task Force strongly recommends that the Inclusionary Housing Policy be applicable for multi-family and single-family developments of 15 or more units. As noted above, developers would have the option of a fee-in-lieu of having the defined number of affordable single family units/houses under the Policy. Our rationale for this development size follows: 1. Many of the parcels available in Eden Prairie are fairly small. Accordingly, if the development size is too high (e.g. 20 units), the policy will never apply; if the development size is too low relative to our neighbors (e.g. 5 units), it may put us at a disadvantage as profit margins may not be large enough to absorb the fee.. 2. Originally, the Task Force recommended 10 units as the trigger, but after hearing some concern from City Council, we raised it to 15. Please note that, of the last 17 single family projects in Eden Prairie (spans 5-7 years) if the threshold was 10 units, the Policy would have applied to ten projects; if it were 15 units, the Policy would have applied to four projects, and if it were twenty units, the Policy would have applied to only two projects. 3. As discussed above, the Task Force preferred to offer benefits to developers in exchange for the provision of affordable units rather than simply requiring developers to assume the economic hit of incorporating affordability into their developments. We also preferred to give developers options to “buy out” of a requirement; this could benefit the developers economically and provide the City of Eden Prairie funds to pursue its housing priorities outside that specific development through a Housing Trust Fund. RECOMMENDATION 2: The Task Force strongly recommends that the City encourage multifamily developments be comprised of 100 percent affordable housing units. The Task Force strongly recommends that multifamily housing developments be allowed to have all units be affordable housing rather than having a requirement for mixed income. Based on our research, certain developers specializing in market housing may find it unappealing to establish the infrastructure necessary to administer the ongoing reporting and administrative requirements necessary for Affordable Housing. In contrast, developers specializing in affordable housing often build projects that are completely affordable; these developers already have the systems in place for the ongoing reporting and administrative requirements. These developers should be allowed and even encouraged to develop projects comprised solely of affordable housing.23 23 As an example of a missed opportunity, the Trail Point Ridge at the Smith Village development contains a mixture of affordable and market rate housing; the developers would have built 100% affordable units if the City had allowed it. 13 Our reasons are as follows: 1. As the remaining plots available for multifamily developments are relatively small and nestled in neighborhoods of market-rate housing, these developments would not result in large concentrations of low-income housing. Rather, the mixing of people from different income levels would naturally occur as a result of location. The possible exception to this might be a potential development by the SWLRT (see Section 3). 2. Even if this were not the case, given the shortage of affordable housing in Eden Prairie, the Task Force thinks that the need for affordable units outweighs the benefits of mixed income living. The Task Force acknowledges that particular care should be given to ensure that the construction of the multifamily units and related common areas is consistent with the standards of market rate units. Specific attention could be paid to maintaining open spaces to encourage mingling of mixed income families and acceptance of these developments in existing neighborhoods. We wish to maintain the desirability of Eden Prairie as a location to live, without pockets of the City being viewed negatively. RECOMMENDATION 3: The Task Force recommends that Landlords be required to accept tenant-based assistance (including Housing Choice/Section 8 vouchers and Elder Waivers) for affordable housing created pursuant to the Eden Prairie Inclusionary Housing Policy (as long as the combined subsidy and tenant payment is equal to or lesser than the allowable rent level at the specified AMI as published annually by the Minnesota Housing Finance Agency). The ability for a tenant to utilize tenant-based assistance in paying rent for affordable units is key to those tenants’ ability to reside in the units. Eden Prairie has been successful in obtaining these requirements on several projects, and the Task Force recommends a policy to build on this success. A mandate to accept tenant-based assistance for inclusionary units created under the Eden Prairie Inclusionary Housing Policy would be integrated into the agreement with the developer. Accordingly, if the tenant portion of the rental payment plus the voucher are less than the Metro HRA payment standard (they are higher in an ‘exception’ community such as Eden Prairie with high rents), a landlord couldn’t refuse tenancy by means of the use of the voucher. (The tenant would still need to qualify in all other screening regards.) This proposal could meet with some resistance, as accepting these vouchers would require the property owner to submit to inspections on any units with vouchers and participate at least in a limited way to the program. Some misperceptions about the amount of administrative work and damage caused by tenants using these vouchers also may exist and needs to be addressed through an effective communication strategy. RECOMMENDATION 4: The Task Force recommends that developers provide and follow Affirmative Fair Housing Marketing Plans for developments to which the Inclusionary Housing Policy applies. These short plans, required when accessing HUD funding or resources from the Minnesota Housing Finance Agency, aim to ensure that developers / owners are making affordable opportunities known to those least likely to be aware of the opportunity to apply. Having a marketing plan that reaches those individuals/families with a need for affordable housing creates a stronger likelihood that Eden Prairie will be able to retain or attract people who would otherwise need to relocate or look elsewhere for housing. 14 Our reasons are as follows: 1. Filling out these Plans would be a minimal burden to developers, as HUD provides a template that requires the owner to disclose their efforts to reach those persons least likely to apply. This may include publishing notices in various language newspapers and media outlets or other means of publicizing the availability of affordable units. Notices to Eden Prairie organizations who already help Eden Prairie residents could also be included, as this would reach current residents in need. 2. These forms are commonly used in affordable developments; they are not as common in market rate housing. Most projects that receive financing from HUD or the Minnesota Housing Finance Agency are required to produce these. See Exhibit I for copy of plan and instructions. OTHER POSSIBLE OPTIONS: 1. Maintain status quo, and not adopt an Affordable Housing Policy. Not recommended, as without such a policy, affordable housing in Eden Prairie (as defined by units in various AMI categories) has languished. As the chart below demonstrates, the number of units that have been identified as added over the next two years is well below the number of new units set out as the Met Council Goal. This is particularly true of units affordable at or below 30% AMI. A clear consistent policy will benefit both developers and city planners. 2. Term of Affordable Housing: Negotiate in perpetuity on a case by case basis. Not recommended as units will “age out” over time, increasing the housing gap if individual negotiations aren’t successful. Also, a known policy would be beneficial and consistency in policy makes for an even playing field for developers. In keeping with our neighboring communities, require a 26-year term. Not recommended for reasons stated in above rationale, including Eden Prairie’s significant loss of affordable units due to aging out. 123 27 76 20 1408 802 386 220 0 200 400 600 800 1000 1200 1400 1600 Total Affordable Added Units at 30% AMI Units at 50% AMI Units at 80% AMI Known Production vs. Met Council Goal Gaps in Production by AMI 2030 Goal Added 2021-2023 15 3. Development Size Trigger: 10 units or more. Not recommended as it is not likely feasible financially for single family housing developments. It would be easy for developers to avoid Policy by choosing to build fewer units. 20 units or more. Not recommended as Eden Prairie has few infill lots large enough to be developed. A 20 unit trigger may never apply on the single family owner-occupied side. 4. Require each multifamily development to which the Policy applies to have mixed income units available and not be comprised solely of affordable housing. Not recommended, as this will not help us achieve our affordable housing goals. 5. Maintain status quo as it relates to landlord’s acceptance of tenant- based rental assistance such as Housing Choice/Section 8 Vouchers and Elder Waivers. Not recommended, as the ability to use these payment methods is critical to occupancy of affordable units. In its research, the Task Force was made aware that landlords refusing these types of payment is an issue in our Community. 6. Maintain status quo as it relates to landlord’s ability to market properties as they choose. Not recommended, as the Task Force understands that the benefit of marketing housing to a diverse population outweighs the minimal work of putting the Plan together. 16 Section Three Housing Opportunities due to SWLRT “Goal 5: Prioritize housing around public transit with convenient access to basic services including places of employment, shopping, restaurants, services, and parks.” (Aspire Eden Prairie 2040, Housing and Residential Area Plan) RECOMMENDATION: RECOMMENDATION 1: In the development of the land adjacent to the proposed SWLRT, the City should consider developing partnerships and integrating other services to effectively create housing and other development opportunities which take advantage of this unique opportunity. RATIONALE: With the development of the Southwest Light Rail Transit, Eden Prairie has a unique opportunity to develop land adjacent to the planned SWLR stations – in particular the proposed station located by the intersection of Shady Oak Road and Highway 212. Given the access to this public transit and the size of possible housing developments, we have the following recommendations for actions to be taken by the City. Explore partnerships with nonprofits and developers specializing in affordable housing such as Common Bond or Aeon, to develop that property as 100% affordable (see Section 2). Create one or more entirely affordable housing development (see Recommendation 2 of Section 2 Inclusionary Housing Policy). Given the availability of the light rail for primary transportation, consider variances to parking requirements. Encourage alternate forms of transportation to allow residents of developments adjacent to the SWLRT to move within Eden Prairie without need for their own vehicles. This could include city bike sharing, bike racks for resident-owned or rental bikes (e.g. Uber electric bikes), car sharing/ZIP cars, local buses with designated stops at local businesses and schools, etc. Having access to busing (SW Prime) or shuttles operating in conjunction with the Light Rail stations will be critical for seniors and those without ready access to non-public transportation. Encourage mixed-use developments so that both by commuters and residents of the units can access stores that meet their day to day needs. Shops such as grocery stores and coffee shops may also be a source of jobs and gathering spaces for residents. Certain units could be “senior centric”, having single floor living and disability-friendly spaces (bathrooms, kitchens). Note that construction materials, building design and common spaces would need to be consistent with Eden Prairie’s standards for market rate housing. This development could also offer Micro Units (see Section 8 Additional Strategies.) The Task Force also encourages City staff to reach out to Hopkins regarding successful strategies and learnings from their experience with the light rail station built in their community. 17 OTHER POSSIBLE OPTIONS: Allow the area around SWLRT to develop organically, without a strategy to encourage projects that integrate various Eden Prairie needs. Not recommended as the City will lose an opportunity to make meaningful progress towards its inclusionary housing goals and develop an important hub for housing in a manner which could enhance the overall desirability of Eden Prairie. 18 Section Four Affordable Housing Trust Fund “Goal 2: Work in partnership with private and public sectors, regional, state, and federal agencies, and citizens, community groups and others to help envision and finance innovative housing demonstration projects and housing development.” (Aspire Eden Prairie 2040, Housing and Residential Area Plan) RECOMMENDATIONS: RECOMMENDATION 1: The Eden Prairie Task Force strongly recommends the creation of an Affordable Housing Trust Fund, and further suggests that the Fund documentation be general and flexible, allowing for the development and refinement of the goals and processes related to the Fund over time. RECOMMENDATION 2: The Eden Prairie Task Force strongly recommends that Eden Prairie staff explore its options, including a possible partnership with the Eden Prairie Community Foundation or other third parties, to ensure that donations to the Fund by third parties are tax deductible and to create effective, efficient means of marketing to third parties and allocating and administering Trust funds. RATIONALE FOR RECOMMENDATIONS: RECOMMENDATION 1: The Eden Prairie Task Force strongly recommends the creation of an Affordable Housing Trust Fund, and further suggests that the Fund documentation be general and flexible, allowing for the development and refinement of the goals and processes related to the Fund over time. Affordable Housing Trust Funds are established by many communities for the purpose of providing financial assistance for the development, preservation and stabilization of affordable and mixed-income housing projects and to provide assistance to low income renters and home purchasers. In Minnesota, communities that currently have Affordable Housing Trust Funds include Edina, St Louis Park, Bloomington, Minneapolis, St Paul, Red Wing and Rochester. See Exhibit J for more information. These Trusts are established under MN Statute 462C.16. Affordable Housing Trust Funds are also common in other states, including the majority of the counties in Iowa. The Task Force strongly advocates for the establishment of a formal Affordable Housing Trust Fund that would allow Eden Prairie to source, maintain and utilize monies in an approved, structured manner to address the evolving needs of Eden Prairie housing in varied and creative ways. These Trusts can be funded from a variety of public and private sources, both initially and over time. The funds in the Trust can also be used in a multitude of ways relating to housing. Some potential funding sources and uses are as follows: Potential Funding Sources Potential Uses for Funds “In lieu of” payments by developers of obligations under the Eden Prairie Affordable Housing Policy. Purchases of single or multifamily properties* (Transaction can be structured as sole ownership, participations, grants/loans to partners approved by the City, etc.) See Section 5 NOAH and Section 8 Additional Strategies. 19 Excess TIF revenues (Pooled TIF) Renovation of single or multifamily properties or land for new construction* (Transaction can be structured as sole ownership, participations, loans to partners approved by the City, or otherwise.) See Section 4 NOAH and Section 8 Additional Strategies. Allocations from the Eden Prairie budget and donations from foundations, non-profits or private individuals.** Loans or grants to developers to incent them to provide more than the required number of affordable housing units. Grants/loans/matching funds from State, nonprofits or private sources.** Grants to assist with down payments for low income housing. Proceeds from loans and/or debt/bond offerings.*** Grants to renters needing short term assistance (likely through nonprofits or church organizations) Movement of funds from existing account.**** Seminars to provide homebuyer or senior counseling services. *The Trust would not own properties but enable third parties (such as Aeon, Habitat for Humanity and the West Hennepin Affordable Housing Land Trust/dba Homes Within Reach/ HWR) to do so in connection with housing projects. This is critical, as per Habitat for Humanity, land price is the biggest obstacle for building affordable housing.24 HWR also has requested increased funding for its most recent development in Eden Prairie due to land costs. **The State of Minnesota, nonprofits and large corporate donors would very likely require the structure and protections afforded by a Trust before contributing to a housing fund; corporate donors also frequently require the recipient of charitable giving to be a 501©(3) nonprofit entity. As discussed below, the City should explore whether these needs can be met by creating the Fund within the City or if partnerships with entities such as the Eden Prairie Community Foundation would be appropriate. ***The City of Bloomington deposited funds from a bank loan it took out into their affordable housing trust fund, subsequently using these funds to support an affordable housing project. See Exhibit K. ****The Task Force understands that there is an existing City bank account which holds funds for housing-relating purposes which could be transferred to begin this Fund. The establishment of a trust fund is a relatively straight-forward legal matter. The trust document used by our neighboring communities ranges from very detailed (Edina) or quite simple (St Louis Park). The Task Force’s analysis shows that Eden Prairie would be best served by having a simple, general Trust document, as this would provide ultimate flexibility to address housing needs and opportunities as they arise. The St Louis Park form could be a model (see Exhibit L). RECOMMENDATION 2: The Eden Prairie Task Force strongly recommends that Eden Prairie staff explore its options, including a possible partnership with the Eden Prairie Community Foundation or other third parties, to ensure that donations to the Fund by third parties are tax deductible and to create effective, efficient means of marketing to third parties and allocating and administering Trust Funds. Staff in Eden Prairie should determine whether organizing a Housing Trust Fund under the City of Eden Prairie could accomplish the following: Donations by third parties (individuals, corporate and state) would be tax deductible and other donor requirements around the type of entity (for example a 501(c)(3) nonprofit, a fund run by a City) would be met; Outreach to third parties for donations; Appropriate prioritization and allocation of Trust Funds; Administrative work, including governance and filings relating to the monies in the Fund. 24 Habitat for Humanity information received from Chad Bouley, Head of Homebuilding, Twin Cities Habitat for Humanity. 20 The Task Force understands that the City would be in the best position to determine the appropriate uses of Trust Funds, including prioritization among various housing initiatives. However, staff should also consider whether any of these other items could be most effectively and efficiently met through a partnership. Potential Partnership to Administer the Trust Fund: While the City Counsel would have the authority to allocate funds in the Affordable Housing Trust Fund, the Task Force recommends that staff explore options to work with the Eden Prairie Community Foundation in several areas: 1. Organizing the Affordable Housing Trust Fund under the Eden Prairie Community Foundation as a Community Impact Fund.25 If donations to a Fund organized under the City are not determined to be tax deductible, this would allow donors to achieve possible tax deductions for their write-offs. In addition, this structure could help meet the requirement of many large corporate donors that their charitable giving be directed to 501(c)(3) nonprofits. 2. The City could utilize marketing and events sponsored by the Eden Prairie Community Foundation to reach individual and corporate donors, thus encouraging non-City contributions to the Fund. 3. The Eden Prairie Community Foundation could perform the administrative work associated with the Trust Fund, including maintaining bank accounts, writing checks as directed by the City, performing required reporting for the Trust, and including the Trust Fund in its 501(c)(3) auditing and reporting requirements. Their current fee for this administration is 1-2%26, which could be covered by funds in the Trust Fund (limit is 10%). This could save time, freeing City staff to do the strategic work involved with sourcing and allocating Trust Funds. 4. Governance: A partnership with the Eden Prairie Community Foundation could provide comfort with respect to the appropriate use of these funds, as confirmation of expenditures in accordance with the Trust charter and an annual audit would be part of the Foundation’s administrative and control processes.27 A separate, independent Board (which could include City staff) would likely be established for the Fund. Partnerships in Administration of Funds. As indicated above, funds from an Affordable Housing Trust Fund could be used for very large projects and to meet small, emergency needs of our local Community. For small yet high impact allocations, Eden Prairie could expand its relationship with non-profit organizations active in Eden Prairie. While the City would determine guidelines and allocate Trust funds, Eden Prairie could leverage the infrastructure of entities such as Habitat for Humanity or Common Bond in the allocation of these funds. In addition, funds from the Trust could augment PROP’s housing assistance in a significant way by addressing housing issues that PROP cannot address, such as helping with subsidies or other long-term assistance. Trust funds could be very beneficial in encouraging nonprofit organizations to acquire land or NOAH projects for development or renovation (see Section 5 NOAH). The Task Force recommends establishing relationship with nonprofits such as Aeon, Common Bond and Habitat for Humanity such that Eden Prairie could quickly and efficiently utilize funds from its Affordable Housing Trust Fund in order to enable our partner to purchase NOAH or other properties which come to market and to otherwise enable affordable housing developments (see Section 5 NOAH). An example of this is the recent AEON / City of Bloomington NOAH collaboration where that City’s trust fund provided $15million to, in part, facilitate a land purchase 25 See Exhibit M for information on Community Impact Funds under the Eden Prairie Community Foundation. 26 Eden Prairie Community Foundation information received from Mark Webber, Executive Director of the Eden Prairie Foundation. Discussions with Mark Weber, Executive Director of Eden Prairie Community Foundation confirmed that they are interested in partnering if this is determined to be the best course of action. 27 Habitat for Humanity information received from Chad Bouley, Head of Homebuilding, Twin Cities Habitat for Humanity. 21 as a part of a project that will preserve and create a total of 478 affordable units for Bloomington.28 For smaller developments, and depending on lot size, Habitat for Humanity has indicated that they could build 12-14 units on a single acre of land. OTHER POSSIBLE OPTIONS: Maintain status quo, with a general fund designated for housing purposes. Not recommended, as the formal structure and requirements of a Trust provides confidence to the market and to potential donors. This legal structure is a requirement to receive potential matching funds from the State of Minnesota and very likely other private nonprofits and foundations. In addition, there is no assurance that funds from the Eden Prairie “Inclusionary Housing Fund” would not be diverted to another legitimate use in our Community which is not related to housing. 28 See Exhibit K for article relating to Bloomington-Aeon development project. 22 Section Five Naturally Occurring Affordable Housing (NOAH) “Goal 4: Address aging housing stock to preserve and prevent the decline of naturally occurring affordable housing (NOAH).” (Aspire Eden Prairie 2040, Housing and Residential Areas Plan) RECOMMENDATIONS: RECOMMENDATION 1: Identify and document the inventory of potential multifamily NOAH properties within Eden Prairie in anticipation of reaching out to multifamily owners to discuss possible opportunities and gain a sense of owner intent. RECOMMENDATION 2: Develop partnerships and processes with non-profits that work with Twin Cities large, medium and small NOAH developments in order to allow early intervention in the acquisition and preservation of NOAH properties when they come to market. RECOMMENDATION 3: Consider including the identification of single family homes which are affordable by virtue of price and condition as a part of the Eden Prairie NOAH approach. RATIONALE FOR RECOMMENDATIONS: Naturally Occurring Affordable Housing (NOAH) typically refers to multi-family residential rental properties that are affordable and are unsubsidized by any federal program. Their rents are relatively low compared to the regional housing market. NOAH properties are typically Class B and Class C rental buildings or complexes with 50 or more units, built between 1940 and 1990. Rents are lower-ranging, generally between $550 and $1,200 per month, affordable to low- and moderate-income households. The Task Force’s analysis shows that the preservation of Naturally Occurring Affordable Housing (NOAH) properties in Eden Prairie is critical and a cost-efficient way to ensure affordability when compared to new construction (or demolition/new construction). These properties are already served by infrastructure and may not face the community resistance that a new affordable housing proposal might. Investors are often able to quickly purchase NOAH properties and, with respect to multifamily properties, make modest improvements, raise rents, and often displace lower- or moderate-income tenants. Without City intervention, these properties will not be available for affordable housing after a sale. Our recommendations seek to expand understanding of NOAH and to enhance processes to ensure quick intervention should an identified property come on the market. RECOMMENDATION 1: Identify and document the inventory of potential multifamily NOAH properties within Eden Prairie in anticipation of reaching out to multifamily owners to discuss possible opportunities and gain a sense of owner intent. In order to be in a position to move quickly should a NOAH property become available, Eden Prairie should start by identifying potential multifamily NOAH properties. Accordingly, the Task Force recommends that the City purchase Co-Star data to assess potential inventory of NOAH properties and to easily have granular rent level data necessary to assign properties as being NOAH properties per the standards listed above. 23 RECOMMENDATION 2: Develop partnerships and processes with non-profits that work with Twin Cities large, medium and small NOAH developments in order to allow early intervention in the acquisition and preservation of NOAH properties when they come to market. Entities like Common Bond Communities, Greater Minnesota Housing Fund (GMHF) and Aeon have experience in successfully working with communities in identifying and purchasing NOAH multifamily properties; Entities like Habitat for Humanity have experience in successfully building and rehabbing twin homes and multifamily units (up to 12-14units on an acre of available land) as well as single family homes. By developing relationships and potential frameworks for working together to purchase and rehabilitate multifamily NOAH properties, both Eden Prairie and these nonprofit entities will be able to react quickly when a multifamily NOAH property comes to market. Edina, Bloomington, and Duluth have used this approach, with Bloomington already utilizing approximately one-half of a $15 million loan in a NOAH acquisition (see Exhibit K). The Task Force recommends that the City identify and share a list of multifamily NOAH properties that might meet the standards of these nonprofits and agree on a process for early identification and quick action should these properties come to market. For example, a quick preliminary review indicates that five properties with approximately 724 units appear to meet AEON’s purchase standards. Establishing these partnerships will enable Eden Prairie to have both available funds (see Section 4 Affordable Housing Trust Fund) and an expedited process to access these funds to contribute to or subsidize a project. For example, Habitat for Humanity typically utilizes public/city monies to purchase land. Eden Prairie will also likely have to utilize its “toolbox” to provide additional support to these transactions. Write down of taxes is also a benefit in structuring transactions in high cost communities like Eden Prairie.29 See Section 2 Inclusionary Housing Policy for partial list of tools. Having relationships/partnerships with these entities will enable us to learn best practices from them and to quickly identify and preserve affordable housing in our community. RECOMMENDATION 3: Consider including the identification of single family homes which are affordable by virtue of price and condition as a part of the Eden Prairie NOAH approach. In addition, Eden Prairie should consider including the identification of single family homes which are affordable by virtue of price and condition as part of the NOAH approach. Perhaps this can be done through working with local realtors or by assessing available data on single family affordability currently in the community. As early intervention is key, perhaps this approach would provide Eden Prairie and its partners an opportunity to preserve single family affordability before these properties come on the market. At the very least, obtaining this information may provide enough lead time to work with a nonprofit organization or affordable housing developer to put together a winning proposal. For lower income individuals, Habitat for Humanity (TCHFH) has a program to encourage qualified buyers to shop the open market; Habitat could connect potential homeowners with these properties. 29 Habitat for Humanity information received from Chad Bouley, Head of Homebuilding, Twin Cities Habitat for Humanity. 24 OTHER POSSIBLE OPTIONS: 1. Maintain status quo, with housing market mechanisms operating as they do naturally. Not recommended, as under this model, many multifamily NOAH properties are lost to investors who have the means to quickly purchase these properties. Historically, this results in lower income tenants often being displaced, as few properties purchased by investors maintain affordability. Similarly, single family properties are generally lost to market buyers, who are also able to quickly purchase properties and either tear down or improve the property for their own use. Once lost these properties cannot be replaced. 2. Create a ‘4d’ tax classification program. Not recommended. Under these programs, owners of rental properties can realize a tax break if they have a specified number of affordable units. However, in speaking with peer cities, the benefit appears to be marginal and not likely to influence overall decision-making with NOAH properties. As such these were judged to be not worth the administrative burden for the benefit gained. 25 Section Six Tenant Protection Ordinance (TPOs) and Practices “Goal 1: Incentivize attainable and affordable housing options for lower-income households so they can move to and remain in Eden Prairie.” (Aspire Eden Prairie 2040, Housing and Residential Areas Plan) RECOMMENDATIONS: RECOMMENDATION 1: The Task Force recommends adopting a Tenant Protection Ordinance (TPO) which is triggered by the sale of a multi-family rental property. RECOMMENDATION 2: The Task Force recommends that landlords in Eden Prairie provide each tenant a written notice of TENANT RIGHTS at the time that a lease or a lease extension is signed. RECOMMENDATION 3: The Task Force encourages Eden Prairie to investigate and, if possible, leverage any inspections of rental properties performed by HUD and Minnesota Housing and to incorporate inspections with very short notice into its inspection process. RATIONALE FOR RECOMMENDATIONS: RECOMMENDATION 1: The Task Force strongly recommends the adoption of a Tenant Protection Ordinance which is triggered by the sale of a multi-family rental property and which has the following elements: *Similar to surrounding communities. See Exhibit N for TPO information of Surrounding Communities. **Different than certain surrounding communities. See below and Exhibit N. *** This definition matches our proposed definition of multifamily NOAH properties. 30 The Task Force recommends that rental eligibility criteria be changed only to incorporate those factors which data has proven are linked to a tenant’s performance under a lease (including payment and care obligations) and to eliminate those factors which are unproven to do the same. Applies to: Tenant Protection Period New Ownership prohibited from following actions during Tenant Protection Period Notice of Ownership Transfer Fine for Violation Rent Increase** Any multifamily rental property of at least 4 units where at least 20% of units are at or below 80% of AMI*** 90 Days* Rescreening of tenants based on new rental eligibility criteria30; eviction without legitimate cause (e.g. non-payment of rent); and forcing material changes to existing leases* Within 30 days of sale to tenants and City. Provided in writing in Spanish, Somali, Russian, Hmong, Vietnamese and Chinese. Payment to affected low-income tenants of 3 months’ rent, paid within 30 days if tenant terminates the lease, or the day the tenant vacates if the owner terminates* N/A 26 Like other communities, Eden Prairie is experiencing a turnover of multifamily building, particularly NOAH properties. While this generally eliminates affordable housing stock (See Section 5 NOAH), these sales also often quickly and adversely affect the situation of many tenants. New owners may increase rent, “requalify” renters under new, stricter parameters, and change policies on Housing Choice/Section 8 vouchers; this has resulted in the displacement of existing and particularly lower-income tenants. The Task Force identified these issues during our research and saw a need to protect tenants in these situations. In particular, tenants need protection when NOAH properties are sold to investors/developers in transactions which do not require any City action, and thus would not be subject to an Inclusionary Housing Policy (see Section 2). Approximately 15 buildings in Eden Prairie have been identified as having the potential to be purchased by third parties who could legally take actions which would displace lower income tenants and tenants viewed as “undesirable” by a new owner.31 Accordingly, the Task Force recommends that Eden Prairie pass an ordinance, similar to that of surrounding communities32 to protect its community members living in rental properties by providing them information as to their rights and resources in the event that issues exist. Unlike other communities, we are not proposing a limit on rent increases or on actions that could be perceived as a rent increase. Per the City’s attorney, Eden Prairie’s status as a statutory Class B city prevents it from enacting anything that could be construed as “rent control.” It is her opinion that restricting increases in rent, even for a temporary period, could be challenged as such. Clearly the inability to prevent immediate rent increases is a critical element of some TPOs, although the prohibition on material changes to leases may mediate this until leases come up for renewal. Based on its research, the Task Force understands that, even without rental protection, securing compliance with other restrictions is still worth the effort in enacting the ordinance. Landlords in those surrounding communities that have enacted TPOs (Edina, Bloomington, St Louis Park) have conformed to the requirements, with no violations reported that triggered relocation fines. RECOMMENDATION 2: The Task Force strongly recommends that landlords in Eden Prairie provide each tenant, at the time that a lease or an extension to a lease is signed, a written notice of TENANT RIGHTS. During our research, we consistently heard from tenants and tenant advocacy groups about concerns with their living conditions. This was particularly true of NOAH properties. Please see Exhibit O for examples of tenant issues. The Task Force believes that rental housing in Eden Prairie should be of an acceptable quality, that safe housing is essential to the well-being of our residents. The Task Force recommends that the City create a Tenant’s Rights Form and an obligation for a landlord to deliver the form to each tenant upon the signing of a lease or a lease extension. This form would include a brief statement as to a tenant's rights to (1) a safe unit, (2) prompt repairs to safe standard, (3) tenants’ rights to organize and (4) the names and contact information of PROP and other organizations who can assist tenants with non-legal matters. The form should be provided in English, Spanish, Somali, Russian, Hmong, Vietnamese and Chinese. 33 This form could also be put on the Eden Prairie website and provided to PROP, the Senior Center, faith-based organizations and other locations where our residents congregate and turn for help. 31 Information on these properties has been assembled but is not being provided for reasons of confidentiality. 32 See Exhibit N for information on TPOs enacted by surrounding communities. 33 According to PROP, their client base speaks Chinese, Vietnamese and Hmong (5%), Russian (3%), Somali (19%), Spanish (14%), English (60 – 70% of PROP’s base speaks this fluently.) 27 This form should be a minimal burden to landlords, as the form will be standard and can be provided along with the lease paperwork. RECOMMENDATION 3: The Task Force encourages Eden Prairie, in its inspection process, to investigate and if possible, leverage any inspections of rental properties performed by HUD and Minnesota Housing and to incorporate inspections with minimal notice into its process. In our research, the Task Force heard many examples of landlords who only performed repairs once notice of an inspection had been received. Having a notice period that doesn’t allow time for a landlord to quickly fix issues would encourage landlords to be prompt at addressing concerns. However, the length of notice needs to be sufficient to allow a landlord to have the appropriate staff available. In addition, anecdotally, The Task Force heard complaints of repairs being superficially done, (e.g. painting over water damage in ceiling rather than fixing the roof), sufficient to pass a general inspection but that do not address the underlying issues. For this reason, the Task Force recommends that results of rental property inspections be shared between all inspectors (if any beyond the City of Eden Prairie) so that areas of concern can be communicated. It may also be possible to have residents share their concerns about needed repairs with City inspectors prior to an inspection to allow focused reviews by inspectors. OTHER POSSIBLE OPTIONS: 1. Maintain status quo regarding Landlord-Tenant Interactions. Not recommended, as the Task Force’s research has shown that protection of tenants, including an understanding of their rights, is an important matter to address in order to maintain Eden Prairie as a desirable community in which to live. 2. Enact a TPO that prevents rent increases as a core condition. Not recommended, as this option is considered legally risky and could result in negative publicity, expense and inconvenience of legal challenge. 28 Section Seven Recommendations for Senior Housing “Goal 3: Promote senior housing opportunities that increase housing choices and enable seniors who choose to downsize their homes to age in community.” (Aspire Eden Prairie 2040, Housing and Residential Areas Plan) RECOMMENDATIONS: RECOMMENDATION 1: The Task Force strongly recommends that the City create and distribute a listing of resources for Seniors to utilize for assistance in maintaining and converting their properties to senior friendly spaces. RECOMMENDATION 2: The Task Force strongly recommends that the City explore other recommendations in this Report which can benefit seniors (See Section 2 Inclusionary Housing, Section 3 SWLRT and Section 8 Additional Strategies) and that the City work with PROP or another local non-profit to test the feasibility of running a Home Share Program for Seniors in Eden Prairie. RECOMMENDATION 3: The Task Force strongly recommends that the City explore a partnership with Habitat for Humanity to participate in the Age Well at Home Program, which is designed to help seniors convert their living spaces to be senior-friendly. RATIONALE FOR RECOMMENDATIONS: Since the creation of the Aspire Plan, Eden Prairie has added a number of housing units that are appropriate for senior living. As shown in the chart below, since 2002, Eden Prairie has added at least 662 new senior rental units which include independent, assisted and memory care. In addition, 100 units for purchase (10 of which are affordable) are being added at Applewood Point in 2021. *See Exhibit H for data underlying the Chart. 28 30 59 39 156 43 127 63 32 265 14 76 87 64 241 0 100 200 300 400 500 600 700 Affordable Independent Independent Market Rate Assisted Memory Care Total All Types New Senior Rental Units Added Since 2002 2002 2003 2019 662 135 209 233 85 29 Accordingly, the Task Force didn’t deem it appropriate to add a separate recommendation relating to the production of senior living, although the Task Force encourages Eden Prairie planners to keep senior-friendly floor plans in mind when working with developers on affordable and other housing projects. The Task Force also recommends that the City adopt policies to keep seniors in their homes, to keep seniors in mind when new properties are developed so that options are available and to help seniors maintain their homes. RECOMMENDATION 1: The Task Force recommends that the City create and distribute a listing of resources for Seniors to utilize for assistance in maintaining and converting their properties to senior- friendly spaces. Many seniors already have their own homes and have a desire to “age in place.” Accordingly, seniors may need help with the preservation of these properties and conversion of these properties into more senior-friendly living spaces. In addition to aiding our seniors, preservation of their homes maintains the value of these homes as well as the houses in the surrounding neighborhood. Well maintained homes are part of the aesthetic of Eden Prairie. Certain of these needs may be met simply through connecting seniors to resources already available – these resources range from fall cleanup volunteers to assistance from PROP. A number of programs exist through which seniors can receive help; many of these are volunteer organizations. In addition, the City offers a Senior Emergency Repair Program and a Housing Rehabilitation Loan Program that are available to assist the City’s seniors. See Exhibit P for more information on these Eden Prairie Programs. A listing of these resources for seniors to utilize should be created by the City so that the information is readily available. The City could reach out to the Senior Community Center, the Eden Prairie Community Center, PROP, faith based organizations and other locations as appropriate to gather a list of resources; this list could then be distributed and posted at these locations and others where seniors and their supporting community gather. This information should also be disseminated on the Eden Prairie City website and in the Senior Center News mailing and website (prepared by the Senior Center). The listing should be in English, Spanish, Somali, Russian, Hmong, Vietnamese and Chinese to cover the languages of the primary constituents in Eden Prairie. RECOMMENDATION 2: The Task Force recommends that the City explore other recommendations in this Report that can benefit seniors (See Section 2 Inclusionary Housing, Section 3 SWLRT and Section 8 Additional Strategies) and that the City work with PROP or another local non-profit to test the feasibility of running a home sharing program for seniors in Eden Prairie. The Task Force recognizes that seniors who stay in their homes could benefit from programs which can help the homeowner financially and perhaps with care giving. These programs range from (a) a mandate that Elder Waivers be accepted in rental properties (see Section 2 Inclusionary Housing Policy) to (b) the creation of new, senior-friendly initiatives such as Accessory Dwelling Units (ADU’s) to allow seniors to remain in their homes to (c) the creation of “senior centric” units in housing developments by the SWLRT. For these initiatives, please see Section 3 SWLRT Development and Section 8 Additional Strategies. 30 The Task Force further recommends that the City work with PROP34 or another local agency on a feasibility study for a Home Share Program. A Home Share Program provides a service that helps to match a person who has an extra room or separate unit available (a provider) with someone looking for a place to live (roommate). Many models are available, with at least two national registries in existence. Establishing a program would involve developing a process for application, background checks, screening, administration and development of mutually beneficial agreements, some elements of which are fairly standard and others which are individualized for the situation. This program utilizes existing housing stock to provide safe, affordable housing, allowing people to age in place. These goals cannot always be achieved by just setting aside affordable units in a new building. By matching a senior with a roommate to sharing a house or apartment seniors reap multiple benefits, including: 1. Saving money: The most significant benefit is economic. By splitting rent and/or utilities, a senior’s cost of living is decreased, and so their income can go a lot further, allowing them to stay in their home longer. The roommate can also have nice accommodations, generally at a low cost. 2. Providing Help: If the senior needs help at home, rent can be negotiated—with reduction for services provided by the roommate, such as yard work, shopping, transportation, etc. 3. Having Companionship: Having someone else living with them, to check on them and converse with them also goes a long way to guard against loneliness and improve senior’s mental health. 4. Monitoring Health and Safety: Roommates can help seniors through medical crisis, as well as notice small changes that occur over time, and suggest getting help when necessary. The costs involved in establishing and running the program are much lower than many alternatives, involving new construction or remodeling. There may be opportunities to obtain grants to assist in funding this pilot; funds from the Affordable Housing Trust Fund may also be an option. RECOMMENDATION 3: The Task Force strongly recommends that the City explore a partnership with Habitat for Humanity to participate in the Age Well at Home Program, which is designed to help seniors convert their living spaces to be senior-friendly. Habitat for Humanity has recently piloted an Age Well at Home Program in the Twin Cities. This program is an initiative that targets individuals living on fixed incomes, adapting their current living spaces to be safer and better suited to their needs. According to a recent article35, in its first 18 months, the initiative has made upgrades to 65 senior-friendly homes in the metro area; these upgrades have been at an average cost of $8,500. The Task Force recommends that the City reach out to Habitat to explore becoming part of this program, and, if feasible, develop a plan to implement this Program in Eden Prairie. OTHER POSSIBLE OPTIONS: Maintain Status Quo. Not recommended. Seniors are valued members of Eden Prairie, and helping our seniors age well in safe, desirable housing is consistent with our Community’s values. 34 PROP has already conducted investigations of how Home Share models work in other geographies and could be a good partner for the feasibility study. PROP is not interested, however, in running the program long term, per Janet Palmer, Executive Director. 35 See Exhibit Q for article on Habitat’s pilot Age Well at Home program. 31 Section Eight Additional Strategies to Consider “Goal 2: Work in partnership with private and public sectors, regional, state, and federal agencies, and citizens, community groups and others to help envision and finance innovative housing demonstration projects and housing development.” (Aspire Eden Prairie 2040, Housing and Residential Areas Plan) RECOMMENDATION RECOMMENDATION: The Task Force strongly recommends that Eden Prairie seriously investigate various other strategies relating to housing in our Community, including allowing Accessory Dwelling Units (ADUs), and if feasible, investigate partnerships to test and, depending on results, implment these strategies. RATIONALE: The Task Force has identified various strategies which could create additional housing in Eden Prairie for diverse populations. In some cases, these housing options also provide ancillary benefits to the residents of our community. Strategies that we have identified and encourage the City to explore are as follows: 1. Accessory Dwelling Units (ADUs) are spaces that are “adjacent or attached to a primary home, and have their own entrance, kitchen, living area, and bathroom. ADUs can be located within a home, attached to a home, or as a detached structure in a backyard” (Family Housing Fund definition). More colloquially known as carriage houses or in-law apartments, ADUs have been a means of providing housing across the nation for small households and family members. Approximately 18 cities in the Minneapolis-St Paul metropolitan area allow them in some form, including Minnetonka, Minneapolis, Plymouth, Apple Valley and Lakeville. These cities could provide useful information on policies that work and potential challenges: Benefits of ADUs include the following: a. ADUs can add a “gentle” form of density to a community. The use of ADUs as housing supports stable homeownership by serving lifecycle housing needs: they can be used to house family members who need care, can be a downsizing option for senior households (while allowing them to remain in their neighborhood), can be a housing options for young adults in school or as they transition to their own housing. b. In some cases, ADUs provide rental income to help owners pay mortgages or other living expenses (this rental income could be paid by the person residing in the ADU.) c. Built on existing lots, ADUs provide new housing without expensive land acquisition. d. ADUs can possibly add value to the property and increased property tax revenue. e. ADUs are small, thus typically serving one- and two-person households. This is a growing demographic segment. In allowing ADUs, zoning changes would have to considered. In evaluating zoning changes, the Task Force recommends that the City require that the ownership of the ADU remain with the owner of the main property to which the ADU is linked. In addition, in order to maintain the desirability and safety of Eden Prairie housing, the Task Force finds it appropriate for the City to develop 32 standards for maximum sizes of ADUs (based on the size of the primary dwelling and the lot), the number of occupants of an ADU, and the materials used in the construction of the ADU. Home association articles and bylaws would also have to followed, so we acknowledge that adding ADUs to certain properties would not be available. 2 Home Share Programs (See Section 7 Senior Living) 3 Micro Homes – While the demand for such units in Eden Prairie is unknown, these small units – often 400-800 square feet, offer additional density and potentially lower rents without special subsidy. Courting developers to consider this unique and increasingly popular form of housing could make good sense near one of the LRT stops. Primarily designed for singles or couples without children, a micro unit building could theoretically be built such that units could be combined should the market for the smaller units prove deficient. 4 Land Leases & Land Trusts. The Task Force recommends that, in working with various nonprofits such as Habitat for Humanity, Homes within Reach (HWR)/West Hennepin Land Trust, CommonBond and Aeon, the City explore the use of land leases and land trusts. The use of these tools could significantly reduce housing costs for a new owner, as the purchase price is generally reduced to the value of the dwelling. This purchase would be accompanied by a lease of the land on which the dwelling resides. 5 Single Room Occupancy Housing. Eden Prairie has some success in providing short term housing in which occupants have their room and share common areas with other residences. This housing also comes with support programs offered to help its residents transition to stable living situations. For example, Onward Eden Prairie works with young adults; The Esther Program offers housing and support to pregnant women. 36 The Task Force recommends that these types of programs be further researched, with possible partnerships being developed with nonprofits and other organizations providing this type of temporary housing. In exploring these programs, the Task Force notes that easy access to public transportation is critical for residents in this type of housing, and thus the specific housing program’s success. 6 Units Supporting Large Families. Given Eden Prairie’s current need for housing that supports large families, the Task Force recommends exploring apartments with developers that structurally can accommodate large families, and which, after large sizes are no longer required, can be subsequently split into two units. Perhaps one large apartment could be treated as two units for the purpose of compliance with AMI requirements under an Inclusionary Housing Policy. 7 Zoning. The Task Force recommends that the City explore whether zoning density should be increased in certain areas, including allowing certain single family houses to be turned into duplexes. This should be done in a manner which also takes into account Eden Prairie residents’ desires to maintain the green spaces, common gathering places, outstanding schools and safe neighborhoods that make Eden Prairie such a desirable community in which to live. 36 The Esther Program housing is relocating outside of Eden Prairie in 2021. 33 Section Nine Communications “Goal 2: Work in partnership with private and public sectors, regional, state, and federal agencies, and citizens, community groups and others to help envision and finance innovative housing demonstration projects and housing development.” (Aspire Eden Prairie 2040, Housing and Residential Areas Plan) RECOMMENDATIONS: RECOMMENDATION: The Task Force strongly recommends that the City of Eden Prairie develop and implement a communication strategy associated with affordable housing and the recommendations herein in order to create buy-in from the Community and movement forward. RATIONALE: In the Task Force’s work, we have recognized a need to educate our community regarding the nature and benefit of housing that allows for a diverse population of residents. Diversity – be it age, cultural, economic, or professional – provides a richness and understanding that benefits all of Eden Prairie. The Task Force also anticipates that these City communications need to encompass the recommendations herein that are adopted by the City Council and the Mayor. The Task Force recommends that the Eden Prairie Office of Housing and Community Services draft a communication strategy in conjunction with the Eden Prairie Communication Department. Beyond communications by the City, this strategy should involve community partnerships, including grass roots groups. Elements of a communication plan should be not only general, but also address the messaging and communications around specific new developments or initiatives consistent with the recommendations herein. Groups like PROP and faith-based organizations could be informed of a potential project in addition to possible neighbors. The Task Force further encourages the City to ensure that this strategy provide information relating to the following: 1. The people who will directly benefit from these programs. These people are often existing community members who are working in Eden Prairie, as teachers, firefighters, shop keepers. See Section One. The Task Force recognizes that a stigma exists about people who utilize affordable housing; the strategy should seek to change this. 2. The benefit of having economically diverse housing to the entire community of Eden Prairie. The Task Force understands that a city that is accessible to residents at all income levels and of different ages, cultures and professions benefits from the life experience of diverse voices creating healthy and innovative community participation. 3. The needs relating to property that these recommendations collectively address. Many institutions utilize the terminology “protection, production and preservation.” 37 The Task Force encourages the communication strategy to utilize these terms, as they are easily understood, communicate clearly concepts that all should agree upon, and are consistently used in the Twin Cities. 37 The City could potentially make use of existing materials created by nonprofit and other organizations involved with Affordable Housing. See Exhibit R for information and charts on Protection, Production and Preservation. 34 4. City programs that are available to assist Eden Prairie residents in the purchase and preservation of homes. See Exhibit P. The Task Force further recommends that this strategy include the creation of an “elevator speech” and written materials in English, Spanish, Somali, Russian, Hmong, Vietnamese and Chinese which are disseminated on the City’s website and elsewhere around the City. Finally, the Task Force suggests that Eden Prairie investigate the use of mediation services to promote a stable renter community, execute long-term successful affordable housing projects, and reduce NIMBY sentiment over time. Mediation upholds the ability of individuals and communities to resolve their own disputes “effectively, inexpensively, and peacefully” through the use of trained, neutral mediators. Sessions bring together relevant parties to present their views and find creative solutions to meet all needs when emotions are high and issues are complex. Mediation can reduce strain on city resources, staff time, and tax dollars while helping to make progress on city goals. Mediation organizations train mediators in culturally-specific communication and conflict and seek mediators who represent the racial, ethnic, and linguistic diversity of communities living in Minnesota, leading to meaningful dialogue and solutions that may not have been possible through established formal processes. Mediation can strategically support several Task Force recommendations: 1) Ensuring renters have knowledge of mediation and how to access mediation services can bring resolution to property manager-renter conflicts, improve quality of life through creative problem- solving, and reduce evictions and housing instability. This is a low-cost strategy outside of formal city processes – e.g. inspection schedule, permitting – that the City can proactively promote and facilitate through information-sharing (already discussed in Section 6 on tenant protections) and referrals. 2) In all its recommendations, the Task Force seeks to make meaningful progress towards the goals set forth in Aspire 2040 and ensure Eden Prairie attracts a range of developers and development projects. Using mediation as a strategy to complement the public processes around affordable housing developments can reduce community tension and lead to creative incorporation of elements that will give the project long-term success. Mediation provides space for solutions outside of what planning boards and City Council can request be added or removed from a project within their scope or purview. Ideally with mediation “a modified proposal will move forward without opposition. If not…the subsequent hearings at least will be more civil… Mediation is a way of generating improved, less contentious proposals for planning or zoning boards to consider.” 38 Mediation provides a pathway to win-win projects where both the community and developer benefit, ultimately resulting in projects that are palatable to the community – as concerns are incorporated into the project prior to a final decision of approval/rejection – and that require less time and resources from developers to get through the approval process. The community receives better projects, and developers can focus maximum resources on the project itself. Most importantly, projects get completed and people receive stable housing in a community prepared to be welcoming – as concerns and fears have been heard and addressed. 38 Abrams, Joshua. The Zoning Dispute Whisperer: Adding mediation to the planner’s toolkit. Planning. November 2011. Retrieved 8/15/2020 from https://wsba.org/docs/default-source/legal-community/sections/elu/resources/elu_luem_resources_zoning_dispute_whisperer_111100.pdf?sfvrsn=28123df1_4. 35 3) A track record of successful affordable housing projects can reduce NIMBY sentiment over time, creating a community that understands the benefit of affordable housing and advocates for its place in the housing landscape. Mediation services can be used outside of the context of one specific development project and incorporated as a long-term strategy that gives space for neighbors to voice fears, problems, needs, and creative solutions for housing issues in Eden Prairie. Having this type of practice in place could also promote community support for the light rail – and the housing opportunities it presents – as its construction continues. Several cities incorporate mediation as either an informal or formal step in negotiations with developers and community members in the process of executing development projects. An article from the American Planning Association briefly outlines programs in San Francisco, Berkeley, Albuquerque, and a statewide program in Massachusetts. Projects are often referred to mediation services prior to being presented to the zoning or planning board – though some communities only refer projects upon appeal. Mediation is alive and well in Minnesota and the suburban metro: local communities already utilize services from the Conflict Resolution Center to facilitate conversations around contentious topics. The CRC facilitated table conversations to reduce contention over the 2040 planning process in Minneapolis. Currently, the CRC is helping citizens of a southern suburb design community dialogues on race. They also facilitated several large group dialogues with neighbors in Minneapolis regarding homeless encampments as well as doing de-escalation facilitations and trainings for neighbors at 38th and Chicago in Minneapolis. These examples illustrate that mediation organizations have specialization outside of the mediation process itself and can give neighbors new skills and mindsets to adapt to stated community planning priorities and the difficult reality of change. 39 39 Information about CRC comes from email correspondence with Executive Director Janet Collins. Additional information about their past work and services can be found at http://crcminnesota.org. 36 Section Ten Next Steps RECOMMENDATION 1: The Task Force recommends acceptance of this Report and all the recommendations herein. RECOMMENDATION 2: As the various recommendations are further discussed and explored, the Task Force recommends that a new or continued subset of this Task Force be convened to assist City staff in (a) further researching and evaluating those recommendations that require additional investigation and consideration and (b) operationalizing various recommendations and the development of a communication strategy. (This could be one or two task forces, as needed.) Finally, the Task Force respectfully requests a follow-up meeting or communications with the Mayor and the City Council to be informed of the Mayor and the Council’s decisions, including nest steps. 37 ACKNOWLEDGEMENTS Special Thanks to: Arnold Bigbee, co-founder of the 501c3 Edina Affordable Housing Chad Bouley, Head of Homebuilding, Twin Cities Habitat for Humanity Jenny Buckland, Program Director – PROP Janet Collins, Executive Director – Conflict Resolution Center Tim Hammond – Dakota County (Former Director of Lutheran Social Services East Metro Home Sharing Program) Eric Hauge, Executive Director – HomeLine Andy Hughes, Project Manager - CommonBond Communities Janet Jeremiah, Community Development Director - City of Eden Prairie Julie Klima, City Planner - City of Eden Prairie Molly Koivumaki PROP Board Member and former Manager of Housing and Community Services for City of Eden Prairie Mary Kubista, Librarian Owen Metz, Vice President - Dominium Marney Olson, Assistant Housing Supervisor - City of St. Louis Park Residents of the Eden Prairie Arrive development Residents of Columbine Townhomes Diedre Schmidt, President and CEO - CommonBond Communities Julie Siegert, Board Member - PROP Cathy ten Broeke. Director to Prevent and End Homelessness at State of Minnesota Jamie Thelen, President and CEO - Sand Companies Tim Thompson, Attorney, Housing Justice Center Mark Webber, Executive Director of the Eden Prairie Community Foundation Karen West, Intern at New American Development Center Staff at the following cities: o Bloomington o Brooklyn Park o Chanhassen o Edina o Hopkins o Minneapolis o Minnetonka o Richfield o St. Louis Park Prelimary List of Potential Partnerships: Aeon Center for Energy and Environment CommonBond Communities Community Fix Up Fund Eden Prairie Community Foundation Ester Homes Greater Minnesota Housing Fund (GMHF) Habitat for Humanity Met Council Livable Communities Grants Minnesota Housing Impact Fund/Challenge for Single Family Development Onward Eden Prairie West Hennepin Affordable Housing Land Trust (dba Homes Within Reach) 38 EXHIBITS Exhibit A Aspire Eden Prairie 2040 Plan: Chapter 4 (Housing and Residential Areas Plan) Exhibit B Eden Prairie Housing Task Force Charter Exhibit C Consolidated Task Force Recommendations Exhibit D Additional Eden Prairie & Surrounding Community Information Exhibit E Twin Cities Habitat for Humanity Housing Continuum and Examples Exhibit F Examples of Housing Needs met by PROP Exhibit G Affordable/Inclusionary Housing Policies of Surrounding Communities Exhibit H Supporting Charts and Information Exhibit I Affirmative Fair Housing Marketing Plan Exhibit J Affordable Housing Trust Fund Information Exhibit K Article on Bloomington NOAH development Exhibit L St. Louis Park Affordable Housing Trust Document Exhibit M Community Impact Funds Program of Eden Prairie Community Foundation Exhibit N Information on TPOs of Surrounding Communities Exhibit O Examples of Tenant Issues in Eden Prairie Exhibit P Eden Prairie Housing Assistance Programs Exhibit Q Habitat for Humanity’s Age Well at Home pilot program Exhibit R Information and Charts re Protection, Production and Preservation Exhibit S Task Force Members 1 Exhibit A Aspire Eden Prairie 2040 Plan: Chapter 4 (housing and Residential Area Plan) https://www.edenprairie.org/Home/ShowDocument?id=15144 2 Exhibit B Eden Prairie Housing Task Force Charter Background (per website) The Eden Prairie ad hoc Housing Task Force was established to address: o lifecycle housing, o inclusive and affordable housing, o and other housing options in Eden Prairie. Phases: The City Council directed the task force to focus on three phases of work to be completed over a nine-month period. o Gathering data (such as current housing stock, open space, census data, current City programs and resources) o Researching other cities' housing programs, procedures, resources and best practices o Formulating a list of options and best practices to present to the City Council Charter The purpose of this document is to establish parameters to guide the Task Force in its efforts, including identifying what is and is not in its purview. Mission: The Task Force’s mission is to make recommendations to the Eden Prairie City Council for policies and actions that can be taken in order to increase the availability of inclusionary and affordable housing, meet the lifecycle housing needs of a diverse community and maintain Eden Prairie as a desirable place to live in order to meet the goals of the Aspire Plan. In accomplishing this, The Task Force will: Tie its work back to the Aspire Plan 2040 and work to recommend policies and procedures to help achieve that plan. Be of short, defined duration (ideally a year or less.) Note that additional work may be required on specific matters even after the Task Force has completed its Mission. (For example, work may be necessary on NOAH and Tenant Rights.) Obtain information, feedback, and recommendations from experts such as PROP, tenant advocates and developers to help identify community needs and to ensure that the recommendations being made do not put Eden Prairie at a disadvantage in terms of desirability as a place to live and to develop properties. Benchmark examples of programs in other communities, placing most value on MN examples in communities similar to ours (e.g. Edina, Plymouth, Bloomington.) Investigate establishing a Housing Trust Fund as part of inclusionary housing policy recommendations, or as a separate endeavor to increase affordable housing opportunities in Eden Prairie. 3 Review the NOAH inventory, when completed, as part of the above. Identify and as part of recommendations, encourage City Council to consider creative and nontraditional housing options being used elsewhere in the country (row houses, repurposing of buildings, ADUs--Accessory Dwelling Units, multi-family micro-units, SROs—Single Room Occupancy units, tiny homes, etc.) to achieve goals. Identify any issues with the Aspire Plan or council goals which are inconsistent with market practices and which could create impediments to EP continuing to be a desirable housing community for developers to do business and for people to live. Task Force to gather more information on, and investigate Eden Prairie’s HRA and, if appropriate, create recommendations around its role in increasing housing opportunities. (ES) Prioritize and make recommendations to City Council on: o Affordable/inclusionary housing policy which involves multiple dimensions, still being defined, which include but are not limited to minimum development size to which a policy would apply, affordability targets, options and incentives for builders, use of “in lieu” fees and how they would be calculated, inclusion of cost offsets, mandating acceptability of section 8 vouchers and or an affirmative Fair housing Marketing Plan, etc. o Policies for new construction and rehabilitation of rental units (including NOAH), prioritizing multi-family rental units (as this is where we can have the most immediate impact) and if appropriate, single family rental properties. o Policies on new construction and rehabilitation for owner occupied housing as appropriate. o Tenants’ rights. Highlight issues uncovered by Task Force’s investigation and provide recommendations on policies to address them. For example, lack of knowledge and resources regarding evictions, building turnover, and unreasonable landlord. o Materials which need to be created or updated and disseminated to assist renters, seniors and homeowners in our community so they understand their rights and know where to go with questions or for help. Note, all such materials to be available in multiple languages. o Potential Partnerships. Creation or expansion of partnerships between Eden Prairie and organizations/programs such as Onward Eden Prairie, ESTHER Homes, Homework Starts with Home, PROP, Twin Cities Habitat for Humanity and developers whose mission is affordable housing (e.g. AEON and Common Bond.) Eden Prairie City Staff will provide support to the task force and subgroups, including: An analysis of the Met Council estimates of housing requirements for EP in 2020/2030/2040 in light of lots available and properties identified as possibilities for redevelopment to identify gaps and where those gaps exist (By AMI.) 4 Investigate lifecycle housing in order to evaluate Eden Prairie’s housing supply and demand with regard to Senior Housing (empty nester housing), as well as young adult/Millennials /GenZ housing as it relates to the 20/40 plan. The Task Force will not/is not: Become a commission or other ongoing unit of government. Become a resource for resolving tenant disputes. Establish guidelines or make recommendations which require additional staffing/administration without identifying them as such and determining if requests are reasonable in terms of staff and budget. Be responsible for implementing any recommendations. 5 Exhibit C Consolidated Task Force Recommendations Inclusionary Housing (Section Two) RECOMMENDATION 1: The Task Force strongly recommends the adoption and enforcement of an Eden Prairie Inclusionary Housing Policy (see details in Report.) RECOMMENDATION 2: The Task Force strongly recommends that the City encourage multifamily developments to be comprised of 100 percent affordable housing units. RECOMMENDATION 3: The Task Force recommends that landlords be required to accept tenant-based rental assistance (including Housing Choice/Section 8 vouchers and Elder Waivers) for affordable housing that is created pursuant to Eden Prairie’s Inclusionary Housing Policy (as long as the combined subsidy and tenant payment is equal to or lesser than published allowable rent levels per below.) RECOMMENDATION 4: The Task Force recommends that developers provide and follow Affirmative Fair Housing Marketing Plans for developments to which the Inclusionary Housing Policy applies. Housing Opportunities due to SWLR (Section Three) RECOMMENDATION: In the development of the land adjacent to the proposed SWLRT, the City should consider developing partnerships and integrating other services to effectively create housing and other development opportunities which take advantage of this unique opportunity. Affordable Housing Trust Fund (Section Four) RECOMMENDATION 1: The Eden Prairie Task Force strongly recommends the creation of an Affordable Housing Trust Fund, and further suggests that the Fund documentation be general and flexible, allowing for the development and refinement of the goals and processes related to the Fund over time. RECOMMENDATION 2: The Eden Prairie Task Force strongly recommends that Eden Prairie staff explore its options, including a possible partnership with the Eden Prairie Community Foundation or other third parties, to ensure that donations to the Fund by third parties are tax deductible and to create effective, efficient means of marketing to third parties and allocating and administering Trust Funds. 6 Naturally Occurring Affordable Housing (NOAH) (Section Five) RECOMMENDATION 1: Identify and document the inventory of potential multifamily NOAH properties within Eden Prairie in anticipation of reaching out to multifamily owners to discuss possible opportunities and gain a sense of owner intent. RECOMMENDATION 2: Develop partnerships and processes with non-profits that work with Twin Cities large, medium and small NOAH developments in order to allow early intervention in the acquisition and preservation of NOAH properties when they come to market. RECOMMENDATION 3: Consider including the identification of single-family homes which are affordable by virtue of price and condition as a part of the Eden Prairie NOAH approach. Tenant Protection Ordinance (TPOs) and Practices (Section Six) RECOMMENDATION 1: The Task Force recommends adopting a Tenant Protection Ordinance (TPO) which is triggered by the sale of a multi-family rental property. RECOMMENDATION 2: The Task Force recommends that landlords in Eden Prairie provide each tenant a written notice of TENANT RIGHTS at the time that a lease or a lease extension is signed. RECOMMENDATION 3: The Task Force encourages Eden Prairie to investigate and, if possible, leverage any inspections of rental properties performed by HUD and Minnesota Housing and to incorporate inspections with very short notice into its inspection process. Recommendations for Senior Housing (Section Seven) RECOMMENDATION 1: The Task Force strongly recommends that the City create and distribute a listing of resources for Seniors to utilize for assistance in maintaining and converting their properties to senior friendly spaces. RECOMMENDATION 2: The Task Force strongly recommends that the City explore other recommendations in this Report which can benefit seniors (See Section 2 Inclusionary Housing, Section 3 SWLRT and Section 8 Additional Strategies) and that the City work with PROP or another local non-profit to test the feasibility of running a Home Share Program for Seniors in Eden Prairie. RECOMMENDATION 3: The Task Force strongly recommends that the City explore a partnership with Habitat for Humanity to participate in the Age Well at Home Program, which is designed to help seniors convert their living spaces to be senior-friendly. 7 Additional Strategies to Consider (Section Eight) RECOMMENDATION: The Task Force strongly recommends that Eden Prairie seriously investigate various other strategies relating to housing in our Community, including allowing Accessory Dwelling Units (ADUs), and if feasible, investigate partnerships to test and, depending on results, implement these strategies. Communications (Section Nine) The Task Force strongly recommends that the City of Eden Prairie develop and implement a communication strategy associated with affordable housing and the recommendations herein in order to create buy-in from the Community and movement forward. Next Steps (Section Ten) RECOMMENDATION 1: The Task Force recommends acceptance of this Report and all the recommendations herein. RECOMMENDATION 2: As the various recommendations are further discussed and explored, the Task Force recommends that a new or continued subset of this Task Force be convened to assist City staff in (a) further researching and evaluating those recommendations that require additional investigation and consideration and (b) operationalizing various recommendations and the development of a communication strategy. (This could be one or two task forces, as needed.) 8 Appendix D1 Key Eden Prairie Demographics Home values are rising as the rate of home ownership is declining slightly. Meanwhile, rents are rising rapidly, causing a dramatic increase in the percent of renter households that are experiencing a housing cost burden (see Section 1.) . 9 The majority of residents of Eden Prairie live in traditional family settings, with or without children present. However, a sizeable number (22.5%) live alone. This speaks to the need for smaller dwelling units. Average house hold size is 2.56 people, and appears to be decreasing somewhat over time. Eden Prairie is home to a wide variety of races and cultures. Although the majority of Eden Prairie’s population is Caucasian, non Latinx, more than one- fourth of residents are another race. The largest non-white groups are Asian (11.3%) and Black (6.9%). Eden Prairie is certainly ethnically diverse and in fact more than seventy languages are spoken in Eden Prairie schools, according to the Eden Prairie Schools Volunteer Handbook. 10 This is a very well-educated community. Nearly two thirds of residents having a Bachelors or Graduate degree. Only about one in ten stopped their education after graduating high school and very few (3.5%) did not graduate high school. Median and Per Capita household income are on the rise in Eden Prairie. Most recent estimates (2018) report median household income at $106,600 and per capita income at $56,900. 11 Even though our community is an affluent one, there is poverty in our midst. Approximately 3,439 residents of Eden Prairie are living in poverty, which means they're earning below $25,750 for a family of four. An additional 2,271 are between 100 and 149% pf the poverty level, and an additional 1,687 are between 150% and 185%. These criteria are often used to determine if residents are eligible for federal programs. Sources for Demographic Information: Decennial Census 2000 SF1/SF3, American Community Survey 5Yr Summary File 2006-2010 and American Community Survey 5 Yr Summary File 2014-2018 =3.439 people 3.1%3.5% 5.4%5.3% 1.8%1.9% 4.1%3.5% 2.1%1.6% 3.3% 2.6% 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 14.0% 1990 2000 2010 2018 Percent of Eden Prairie Population Below Federal Poverty Level to 185% of Poverty Level Below poverty level 100% and 149% of poverty 150% and 184% of poverty 7.0%7.0% 12.8% 11.4% =1,687 people =2,271 people =3,439 people 12 People of all ages live in Eden Prairie, including many seniors and many school age children. As referenced on Eden Prairie’s web page: 76% of the City’s residents are 18 years of age or older 12% of the City's residents are 65 years of age or older 0 2000 4000 6000 8000 10000 12000 Age of Eden Prairie Residents Median Age 40 Under 10 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80+ Source: Metropolitan Council American Community Survey 5Yr Summary File 2013-2017 13 14 15 18 Exhibit E Twin Cities Habitat For Humanity Housing Continuum and Examples Used For Education Purposes 19 20 This is just one of several family scenarios that Habitat for Humanity uses for educational purposes, to demonstrate how difficult it is to find affordable housing in the Twin Cities. 21 Exhibit F Examples of Housing Needs met by PROP 22 23 Exhibit G Affordable/Inclusionary Housing Policies of Surrounding Communities Eden Prairie is more lenient/not as restrictive as this city Eden Prairie is the same as /comparable to this city Eden Prairie has higher standards than this city Eden Prairie guidelines not yet set: TBD Bloomington Edina Richfield St. Louis Park Eden Prairie Preliminary Recommenda-tions Mandatory if public financing involved Yes Yes Yes Yes Negotiated Also, Mandatory if: NA Site rezoned to a PUD NA Request for land use changes through PUD is made, or comp plan amendment is needed If PUD requested or comp plan changed required Development Size 20 units + 20 units + 5 units + 10 units + 15 units or more Applies to Rental New Construction Yes Yes Yes Yes Yes Applies to Rental Rehab Yes Yes No Yes TBD Applies to Ownership New Construction ownership Yes, single family Yes Yes Yes Yes Term 20 Years At least 20 years 26 years (if TIF), no less than 10 25 years In perpetuity Rental Affordability Targets* 9% at 60% AMI 20% at 60% or 10% at 50% AMI (NOAH rehab 40% at 60%) 20% at 60% of AMI 5% at 30% AMI, 10% at 50% or 20% at 60% 5% at 30% AMI, 10 at 50% or 15% at 60% (The developer gets to choose) 24 Bloomington Edina Richfield St. Louis Park Eden Prairie Preliminary Recommenda-tions Ownership Affordability Targets 9% at 110% AMI Ownership of AMI): 10% of units at affordable sales price Ownership: 20% at 115% AMI Ownership: payment in lieu required 10% @ 115% or payment in lieu required In Lieu of Fees Option Yes Yes Yes Yes Yes In Lieu Fee Details $9.60 per leasable square foot Total buy in of $100,000 per unit 15% of total financing provided by City; may seek approval for combo of units and in-lieu fees Difference between market-rate sales price and affordability at 80% AMI multiplied by 15%of total units Yes, details of fee to be determined by staff. Costs Offsets Extensive list including Density bonus, modification of zoning code or architectural design, setback requirements, parking spaces, TIF, provision of publicly owned land, waiver of fees or dedication requirements. Density bonus, TIF, property tax abatement Density bonus, property tax abatement Density bonus, reduced development requirements Recommend comprehensive list for staff with work with, with a subset being a smaller list automatically provided. See Bloomington for ideas. 25 Exhibit H1 Number and Expiration of Affordable Units in Eden Prairie Per Aspire Plan Property Name Reference Funder Units Afford-able * Year Expires Units at 30% AMI Units at 50% AMI Units at 60% AMI Units AT AMI 80% Sterling Ponds HUDLIHT C 56 2020 0 0 56 0 Columbine Townhomes HUDLIHTC9 32 2026 0 0 32 0 Edendale Residence, Inc. HUD 60 2026 60 0 0 0 Lincoln Parc Apartments City 31 2027 0 31 0 0 Lincoln Parc Apartments 6 Never 6 Edenvale Family Housing HUDLIHTC4 32 2027 3 1 28 0 The Colony/The Waters of EP City 28 2028 0 28 0 0 Summit Place City 43 2028 0 43 0 0 The Bluffs At Nine Mile Creek HUDLIHTC4 63 2033 0 0 63 0 Briarhill HUD 126 2035 126 0 0 0 Prairie Meadow Aka Windslope HUD 168 2037 168 0 0 0 Elevate City 53 2045 0 53 0 0 Southview/Eden Prairie Senior Living 12 Never 0 7 0 7 Bluffs Senior Living 14 Never 0 6 0 6 Total without Mhop and FAHP 724 357 175 179 13 Mhop - Purgatory Creek (Mitchell Rd) HUDPH 32 2026 32 0 0 0 Family Affordable Housing Program MHFA 150 2036 0 150 0 0 Total, including Mhop and FAHP 906 389 325 179 13 Additional Developments in Process or Recently Completed: Property Name Trail Pointe Ridge 52 2051 13 26 13 Trail Pointe Ridge Starting in 2051 6 Never 3 3 Paravel Apartments TIF 50 2049 50 Paravel Apartments 7 Never 7 Presbyterian Homes/Flagstone 14 Never 14 Total New/In Construction** 129 27 79 13 10 Total without Mhop and FAHP 853 384 254 192 23 Total, including Mhop and FAHP 1035 416 404 192 23 26 NOTE: Important Typo on page 76 of Aspire; as of 2019 we don't have 1325 affordable unit, we have 906 if you count FAHP and MHOP, 724 if you don't. Aspire included MHOP, not FAHP. The plan accidentally reported the number of units in the buildings not just the affordable units. *Some small differences in number of units and expiration dates between Streams and Aspire. We Assumed that Aspire data is correct. **Seven ownership units at Applewood Pointe (3 at 60% AMI and 4 at 80% AMI) are not included as they may not stay affordable forever. Exhibit H2 Rental Units With Some Affordable Units in Perpetuity as of Sept. 2020 Year Units at 30% AMI Units at 50% AMI Units at 60% AMI Units at 80% AMI Total Cumula-tive Total Lincoln Parc 2018 0 6 0 0 6 6 Bluffs Senior Living 2019 0 6 0 6 12 18 Southview Senior Living 2019 0 7 0 7 14 32 Presbyterian Homes/Flagstone 2021 14 0 0 0 14 46 Trail Pointe Ridge: Affordable units will convert to in perpetuity when tax credits expire 2021 0 3 0 3 6 52 Paravel Apartments 2023 0 0 0 7 7 59 Total Rental 14 22 0 23 59 59 In addition, seven ownership units are being built as affordable in Applewood Point Year Units at 30% AMI Units at 50% AMI Units at 60% AMI Units at 80% AMI Total Cumula-tive Total Applewood Pointe (Ownership) 2021 7 0 0 0 0 7 Total Rental plus Ownership 2021 21 22 0 23 59 66 27 14 22 0 23 0 10 20 30 40 50 60 70 Total Units in Perpetuity by % AMI Units at 30% AMI Units at 50% AMI Units at 60% AMI Units AT AMI 80% 28 Exhibit H3 Senior Housing: Units Added Since 2002 Senior Housing When Built Afford- able Indepen- dent Indepen- dent Market Rate Assisted Memory Care Total Units All Types Year Expires Summit Place Rental 2003 43 170 63 32 265 2028 The Colony /The Waters of Eden Prairie ** Rental 2002 28 58 59 39 156 2028 Prairie Bluffs Senior Living Rental 2019 14 46 47 32 125 Never Southview: Eden Prairie Senior Living Rental 2019 * 44 40 32 116 NA Total Rental Units Added 85 318 209 135 662 Applewood Point Ownership 2020 12 100 100 Never * No designated affordable, but they accept elder wavers and have six now. **They don't differentiate between independent and assisted—it’s in the level of care, not the apartment. They were divided equally between the two. Since 2002, Eden Prairie has added at least 662 new senior rental units including independent, assisted and memory care. In addition, 100 units for purchase (12 of which are affordable) are being added at Applewood Point. 29 Exhibit H4 Aging Out of Existing Affordable Units Year Expires # of Affordable Units that Age Out Additions Net Total 2019 906 2020 56 850 2021 66 916 2023 57 973 2026 124 849 2027 63 786 2028 71 715 2033 63 652 2035 126 526 2036 150 376 2037 168 208 2045 53 155 2049 50 105 2051 52 6 59 28 30 59 39 156 43 127 63 32 265 14 76 87 64 241 0 100 200 300 400 500 600 700 Affordable Independent Independent (Market Rate) Assisted Living Memory Care Total New Senior Rentals Built in Eden Prairie Since 2002 2002 2003 2019 30 Exhibit I Affirmative Fair Housing Marketing Plan The first page of the Marketing Plan appears below. The entire Plan can be found at: https://www.hud.gov/sites/documents/935-2a.pdf 31 32 Exhibit J1 33 34 35 36 37 38 39 Exhibit J2 Link to 84 Page Local Housing Trust Fund Manual https://www.mhponline.org/community-development/lhtfmanual-minnesota 40 Exhibit K Article on Bloomington NOAH Development 41 42 Exhibit L St. Louis Park Affordable Housing Trust Document 43 44 45 Exhibit M1 Community Impact Funds Program of Eden Prairie Community Foundation 46 47 Exhibit M2 Community Impact Fund Policies and Guidelines 48 49 Exhibit M3 Community Impact Fund Agreement More information about the Community Impact Fund Agreement can be found at: https://epcommunityfoundation.org/get-involved/donor-advised-designated-fund/ 8080 Mitchell Road, Eden Prairie, MN 55344 50 51 52 Exhibit O Examples of Tenant Issues in Eden Prairie Columbine Townhomes: In the fall of 2019, the Hosuing Task Force was made aware of issues facing tenants at the Columbine Townhomes. The owners of the townhomes had recently installed a new manager for the site and tenants began to experience issues related to maintanance, parking, and communication. Chief complaints were: Parking: The parking policy for the townhomes was changed without notice and residents were experiencing being towed from in front of their homes. Previously issued parking stickers were expired, but no new parking stickers were issued for current reisdents. Communication regarding the new rules for parking was not adequate and fines for towing a great hardship for reisdents. Access to Property Manager: Tenants reported that the office hours were not adequate for residents to connect with the property manager when needed. Maintenance: Residents reported that maintancence was not being handled in a timely fashion. Maintenance workers did not live onsite and they were responsible for maintnence at many sites, so they were not able to respond quickly to urgent needs. A common theme among residents was that water damage was not adequately repaired and that edidence of water damage was only handled cosmetically. After tenants met with housing advocates from The New American Development Center, Jewish Community Action, and Homeline, they formed a tenants group and collectively sent a letter to ownership demanding fixes to untenable conditions. The collective action of the tenants created good relationship with the property ownership and proper communication, increased hours of access, and proper maintenace staffing was put into place. This story illustrates the need to communicate tenants rights to all renters in Eden Prairie as recommended by the task force. The Broadmoor In the fall of 2018, the residents of The Broadmoor Apartments were informed that the owner of the property was moving forward with plans to redevlop the property that were put on hold ten years prior. The plan was to level the building and reconstruct a new multi-use property that would include housing, but not at the same pricepoints of current rents. This property was a naturally occuring affordable option for renters as the owners knew they were going to redevelop at some point and so the property was not well-kept during the ten years of waiting to redevelop. Residents came together to demand that ownership give them proper time to find other housing as many of the families had children in school in Eden Prairie and did not want to disrupt the school year for these children. Ownership agreed to have tenants stay until the summer of 2019 if they so chose before having to move out. 53 A multifacted colaition of community partners pitched in to help residents of the Broadmoor find other housing, and some were able to stay in Eden Prairie in other rental housing that is market rate. Many others had to move to other communities due to the high cost of rentals in Eden Prairie. As this property has been redeveloped, Eden Prairie has lost over 200 units of affordable rentals. This story illustrates the importance of identifying naturally occuring affordable housing and to create partnerships with developers whose mission is to preserve NOAH housing. Arrive When an out-of-state real estate company purchased what is now called Arrive, residents there began to experience what they thought to be inconvenient and individual communication issues with the rotating set of site managers. At the early stages of new ownership, vacant apartments were being refurbished in order to upgrade the location and increase rents. During this initial phase, existing tenants began to have issues with regular maintanance requests. Trash and refuse from demolition began to accumulate around trash containers, malfunctioning garage doors were left unfixed, ventilation fans in the parking ares were no longer working, and many residents reported issues with mice and bugs infestations. In short, during the time of “flipping” the property, existing tenants’ quality of life was disregarded by a management that was preoccupied and understaffed. In addition, many residents reported that they did not receive new leases in a reasonable time before renewal dates. These new leases were largely different from previous leases in how rent plus utilities were being charged and many tenants felt pushed to sign even though their monthly costs were significantly increased even as conditions at the apartments were significantly worse. Residents of Arrive came to a city council meeting to tell about their experiences and ask the council and mayor to ask for their support to create policy that upholds the right to decent housing and fair treatment by landlords. Subsequently, many of the residents who spoke to the city council that evening have moved to other homes in other communities. This story illustrates the importance of creating policy that provides tenants with the tools they need to organize tenenat organizations to advocate for decent housing condtions and fair treatment by landlords. 54 Ehxibit P Eden Prairie Housing Assistance Programs 55 Exhibit Q Habitat for Humanity’s Age Well at Home Pilot Program 56 57 58 59 Exhibit R The Three P’s: Production, Preservation, and Protection As the task force did our research and engaged in conversations about how to create the affordable housing that we need in Eden Prairie, we found that conversations regionally and nationally center around what is known as “the three P’s” of affordable housing: Production, Preservation, and Protection. Every new construction project is an opportunity to produce affordable units. This is the foundational element of a robust inclusionary housing policy. Every rehabilitation project is an opportunity to preserve affordability that already exists in naturally occurring affordable housing (NOAH). And, healthy and stable communities seek to rigorously protect tenants’ rights to assure that tenants are able to thrive. Keeping in mind these three strategies, assures the creation of policy that is balanced and works for the good of the whole. The graphic below, created by the Alliance: Advancing Regional Equity, shows two more P’s to consider when creating housing policy: Placement and Power. These two additional P’s will be paramount as development is proposed in the coming years. Eden Prairie will want to make a great plan for the best placement of all- affordable development and work with partners to make them happen. Additionally, Eden Prairie needs honor the power of the voices of people in need of affordable housing in order to create healthy and stable homes. 60 Exhibit S Task Force Members and their Expertise Carol Bomben: Carol Bomben is retired as General Manager of the Preserve Association, a large homeowners association. She has served on the EP School Board along with the EP Community Foundation and remains active on the Onward EP Board as well as EPAM Rotary. Terry Farley: Trained as an attorney, Terry has spent the last few decades working in the financial services industry. Her experience includes extensive work in the securitization industry, building mortgage origination platforms and asset-based lending businesses and managing distressed organizations. She is currently consulting in both the financial services and non-profit space. Marlene Fischer: Marlene Fischer has 35 years of experience with financial services in the insurance industry as well as 10+ years working with the fixed and low-income families of a local school district, in administrative positions in the District Office. She serves on the Advisory Council of Eden Prairie’s Senior Center. Her focus on the Housing Task Force has been the need for affordable housing for persons on a fixed income and accessible housing for seniors, the fastest growing segment of the Eden Prairie population. Joan Howe-Pullis (Chair): Joan is the Director of Justice Ministries at Pax Christi Catholic Community. She has served on the board of the Interfaith Circle and the New American Development Center and has participated in the Eden Prairie Community Housing Coalition. Lyndon Moquist (Vice-Chair): Lyndon Moquist has been the Managing Broker of the Edina Realty office in Eden Prairie for 8 years and a former Managing Broker of the Edina Realty office in Edina for 11 years. He’s currently the chair of the Eden Prairie Tax Board of Equalization and has been for 7 years. He chaired the Minneapolis Association of Realtors Public Affairs Task Force for 5 years. He’s been an Eden Prairie resident for 23 years. Joan Palmquist: Joan’s background includes 25+ years doing marketing research, database management, database marketing and marketing consulting. In addition, she is a long-time volunteer of PROP food, and Habitat for Humanity. She sat on Twin Cities Habitat for Humanity’s board for six years. Anne Peacock: Anne Peacock currently enjoys working with non-profit and for-profit firms to provide advice and guide strategy that enhance their ability to deliver on their mission and improve outcomes. She served as a board member and then COO at CommonBond Communities and prior to that spent 25 years in the financial services sector. She is a 30-year resident of Eden Prairie. 61 Kenneth Robinson: Ken is a full-time Realtor with Edina Realty and was resident of Eden Prairie since 2006. In May of 2019 Ken was appointed by the City Council to Eden Prairie’s Affordable Housing Task Force. Ken is a Catechist with Pax Christi Catholic Community’s RCIA program, a former member of the Pax Christi Catholic Community Leadership Council, former PTO co- president (Eden Lake School), a former candidate for Eden Prairie School Board (2017) and Foundation for Eden Prairie Schools- Volunteer of the Year (2015). Ken enjoys yoga, golf, fitness, and volunteerism. Emily Seiple: Emily Seiple is the Director of Community Development for ESTHER Homes, a nonprofit housing program supporting pregnant women experiencing homelessness. She earned her master’s degree in Urban and Regional Planning from the University of Iowa in 2017 and sat on the Housing and Community Development Commission for the City of Iowa City from 2015-2017. She recently provided feedback on the Minnesota Department of Health Housing Strategy Team to encourage policies that increase affordable housing and acknowledge housing as a social determinant of health for Minnesota families. The City Staff Liaison for the Housing Task Force is Jonathan Stanley. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below New Liquor License – New Ownership Licensee name: Old Chicago Taproom II, LLC (Formerly Wadsworth Old Chicago Inc ) DBA: Old Chicago Pizza & Taproom 12300 Singletree Lane #100 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Sarah Strain ITEM DESCRIPTION: Aspire Comprehensive Plan Amendment #2 ITEM NO.: VIII.B. Requested Action None Synopsis The City requested a 2040 Comprehensive Plan amendment from Industrial Flex Tech to Parks and Open Space. The approximately one (1) acre outlot is owned by the City of Eden Prairie and is located at the intersection of Golden Triangle Drive and Valley View Road. Background On September 1, 2020, City Council adopted the Resolution for Guide Plan Change from Industrial Flex Tech to Parks and Open Space. This was the last action needed by City Council for the Guide Plan Change. The rezoning of the outlot to Parks and Open Space was approved as part of the Golden Triangle Industrial Development project and was contingent upon Metropolitan Council approval of a Comprehensive Plan Amendment to guide the property to Parks and Open Space. The Metropolitan Council has approved this Comprehensive Plan Amendment, and the property is now rezoned Parks and Open Space. No further action is required by the City. Attachment Metropolitan Council Approval Letter September 2, 2020 Michael Larson Sector Representative Metropolitan Council 390 North Robert Street St. Paul, MN 55101-1805 RE: Comprehensive Plan Amendment –Map Amendment for Outlot A, Golden Triangle Industrial Dear Michael: Please find enclosed a Comprehensive Plan Amendment application for the City of Eden Prairie. This amendment request seeks approval of a guide plan map amendment to change an approximately 1.01 acre property from Industrial Flex Tech to Parks and Open Space. The property is located at Outlot A, Golden Triangle Industrial at the intersection of Golden Triangle Drive and Valley View Road. The property is surrounded industrial and parks/open space uses. The property was deeded to the City as part of the recent Golden Triangle Industrial project to preserve the wetlands and adjacent conservation area. The open space immediately west of the subject property is City-owned conservation area that is currently zoned and guided Parks and Open Space. To maintain consistency between the guiding of the conservation area and the newly acquired outlot, the City is seeking to amend the comprehensive plan and guide this parcel as Parks and Open Space. The amendment is not anticipated to change the use of the property. There are currently no wastewater needs for this property, and there will be no wastewater needs as a result of this Comprehensive Plan Amendment. The rezoning Outlot A to Parks and Open Space has already been approved as part of the Golden Triangle Industrial project and is contingent upon Metropolitan Council approval of this Comprehensive Plan Amendment. Once the Metropolitan Council approves this Comprehensive Plan Amendment, the property will be zoned Parks and Open Space. As discussed, the adjacent jurisdiction review has been waived. As part of the City’s review process, copies of the plans for the Golden Triangle Industrial development were sent to SW Transit, Hennepin County, Nine Mile Creek Watershed District, and Minnesota DNR. No comments were received. We respectfully submit the Comprehensive Plan Amendment. If there is additional information you need, please contact me ASAP rather than waiting for the full comment letter. If you have any questions, please do not hesitate to contact me. I can be reached by email at sstrain@edenprairie.org or by phone at 952.949.8413. Sincerely, Sarah Strain, Planner I CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Julie Klima ITEM DESCRIPTION: Aspire Comprehensive Plan Amendment #3 and Rezoning ITEM NO.: VIII.C. Requested Action Move to: • Approve the 2nd reading of the Ordinance for Rezoning from R1-9.5 to Park and Open Space on 2.66 acres. Synopsis This is the final approval for the rezoning of property from R1-9.5 to Parks and Open Space. At its Sept. 1, 2020 meeting, the City Council approved a resolution to amend the 2040 Comprehensive Plan to reguide the 2.66 acre property from Low Density Residential to Parks and Open Space. The Council further approved the 1st reading of an ordinance to rezone the property from R1-9.5 to Parks and Open Space. Background The Metropolitan Council has approved the amendment to the Aspire 2040 Comprehensive Plan to reguide the property to Parks and Open Space. The 2.66 acre outlot is owned by the City of Eden Prairie and is located at the north portion of Highland Oaks development project. The outlot is adjacent to a City owned conservation area that is already zoned and guided Parks and Open Space. The area is proposed to be maintained as a conservation area and was deeded to the City through the Highland Oaks development project. Attachments 1. Ordinance for Rezoning 2. Ordinance Summary 3. Metropolitan Council Approval Letter ASPIRE COMP PLAN AMENDMENT NO. 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-9.5 Zoning District and be placed in the Parks and Open Space Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-9.5 Zoning District and shall be included hereafter in the Parks and Open Space Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 1st day of September, 2020, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 6th day of October, 2020. ATTEST: _____________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current News on October 15, 2020. EXHIBIT A LEGAL DESCRIPTION Outlot A, Highland Oaks, Hennepin County, Minnesota ASPIRE COMP PLAN AMENDMENT NO. 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 14-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Outlot A, Highland Oaks from the R1-9.5 Zoning District to the Parks and Open Space Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ___________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current News on October 15, 2020. (A full copy of the text of this Ordinance is available from City Clerk.) September 15, 2020 Julie Klima, City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: City of Eden Prairie Aspire Amendment No. 3 and Aspire Amendment No. 2 Comprehensive Plan Amendments - Administrative Review Metropolitan Council Review File Nos. 21978-4 and 21978-5 Metropolitan Council District 3 Dear Ms. Klima: The Metropolitan Council received the Aspire Amendment No. 3 plan amendment on September 3, 2020. The Council subsequently received the City’s related Aspire Amendment No. 2 amendment on September 4, 2020. Amendment No. 3 reguides 2.66 acres from Low Density Residential to Parks and Open Space. Amendment No. 2 reguides 1 acre from Industrial Flex Tech to Parks and Open Space. The purpose of both amendments is to reguide land that was deeded to the City as part of the development review for purposes of conservation. Council staff finds the amendments meet the Comprehensive Plan Amendment Administrative Review Guidelines adopted by the Council on July 28, 2010. The proposed amendments do not affect official forecasts or the City’s ability to accommodate its share of the region’s affordable housing need. Therefore, the Council will waive further review and action; and the City may place these amendments into effect. The amendments, explanatory materials, and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions please contact Michael Larson, Principal Reviewer, at 651-602-1407. Sincerely, Angela R. Torres, AICP, Manager Local Planning Assistance CC: Tod Sherman, Development Reviews Coordinator, MnDOT Metro Christopher Ferguson, Metropolitan Council District 3 Michael Larson, AICP, Sector Representative and Principal Reviewer Raya Esmaeili, Reviews Coordinator N:\CommDev\LPA\Communities\Eden Prairie\Letters\Eden Prairie 2020 Aspire CPA Admin Review Letter 21978-4 and -5.docx CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Sarah Strain ITEM DESCRIPTION: Ping’s Addition Minor Subdivision ITEM NO.: VIII.D. Requested Action Move to: • Adopt a Resolution for a Minor Subdivision to divide 1 lot into 2 lots on 1.15 acres Synopsis The applicant applied for an Administrative Lot Subdivision in August 2020 to divide 1 lot into 2 lots. Administrative Lot Subdivisions are subject to a 10 day public comment period by adjacent property owners. The City received objections to the proposed subdivision, which made the application no longer eligible for administrative review based on the process outlined in Chapter 12 of the City Code. Chapter 12 provides an alternative for approval of minor subdivisions without going through the full platting process. The applicant is applying for a Minor Subdivision divide 1 lot into 2 lots. Background The Administrative Lot Subdivision application met all of the zoning and land use regulations in City Code and initially qualified for administrative review process. The applicant is proposing to construct a single family home on the new lot north of the existing house. There is a large utility easement on the western portion of the parcel for power lines, outlined in yellow in the image to the right. The applicant has secured approval from Xcel Energy to construct a driveway within the easement. The objections from adjacent properties received in the 10 day public comment period were primarily focused on the condition of the house and concerns of the house being a rental property. Staff confirmed the house was previously a licensed rental property. The owner has not been renting the property recently, and the house is currently vacant. The owner is compliant with rental ordinances. The owner has also communicated with staff that she is or has been renovating the property with the intention to sell the existing single family home. The proposed Minor Subdivision complies with zoning and land use regulations of City Code. City Code Chapter 12 states that the City Council shall review requests for minor subdivisions and approvals shall be made in the form of a resolution. Upon written adoption of a resolution, the applicant shall be responsible for filing the plat with the County Recorder’s or Registrar of Title’s office, as applicable. The 120 day review period expires on January 22, 2021. Staff Recommendation Staff recommends approval of the Minor Subdivision. Attachment Resolution for Minor Subdivision CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-___ A RESOLUTION APPROVING THE MINOR SUBDIVISION FOR PING’S ADDITION BY PING ZHAN AND GREGORY KUZNECOFF WHEREAS, the Minor Subdivision for Ping’s Addition has been submitted in a manner required for subdividing land under the Eden Prairie Ordinance Code and under Chapter 505 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. That the Minor Subdivision request for Ping’s Addition is approved subject the plans stamp dated September 24, 2020. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on the 6th day of October, 2020. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Randy L. Slick Public Works / Engineering ITEM DESCRIPTION: Final Plat Report of Prairie Heights ITEM NO.: VIII.E. Requested Action Move to: Adopt the resolution approving the final plat of Prairie Heights. This proposal is for a plat located 12701 Pioneer Trail and vacant lot 27-116-2214-0035. The plat consists of 9.6 acre to be platted into 23 single family lots, four outlots and right of way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on August 18, 2020. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was approved by the City Council on September 15, 2020. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $2,300.00 • Receipt of street lighting fee in the amount of $3,742.20 • Receipt of street sign fee in the amount of $705.00 • Satisfaction of bonding requirements for the installation of the public improvements. • Developer shall submit a permit fee of five percent of the construction value of the public improvements prior to the release of the final plat. • Prior to the release of the final plat, Developer shall execute a Special Assessment. Agreement for trunk sewer and water on an assessable area of 7.54 acres in the amount of $65,658.32 • Revision to plat shall include an additional 10’ wide drainage and utility easement on Lot 10, Block 2 for the water main extension to the MAC property. • Prior to the release of the final plat, Developer must execute and submit an Encroachment Agreement to the City Engineer for review and approval. • Prior to the release of the final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data. • Prior to the release of the final plat, Developer shall submit a 1”=200’ scale reduction of the final plat. • Provide areas (to the nearest square foot) of all lots, outlots and right-of-way. • The requirements as set forth in the Developer’s Agreement. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE HEIGHTS WHEREAS, the plat of Prairie Heights has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Prairie Heights is approved upon compliance with the recommendation of the Final Plat Report on this plat dated October 6, 2020. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 6, 2020. ____________________________________ Ronald A. Case, Mayor ATTEST: SEAL ______________________________ Kathleen Porta, City Clerk Requested Action Adopt the resolution approving the appointment of election judges and student election judges for the November 3, 2020, General Election. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. These judges are in addition to the ones approved at the June 16, 2020, City Council meeting. Attachment Resolution CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Office of City Manager Kathleen Porta, City Clerk ITEM DESCRIPTION: Resolution Approving Appointment of Election Judges & Student Election Judges for the General Election ITEM NO.: VIII.F. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-__ WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges, student judges, or alternate judges and are appointed for the General Election to be held November 3, 2020. Asma Ahmed James Allen Michael Anderson Josie Axelson Alecia Baker Nancy Bates Jay Beaton Steven Berglund Robert Billlman Michael Blakely Maria Bliss Zackary Bohar Burt Boudreaux Robert Branham Christine Brinkman Mary Buckman Wendy Campbell Denise Christensen Jan Cody Emma Cullum Susan Dickman Adam Driscoll Kristin Duxstad Debjyoti Dwivedy Rustin Ekness Christina Factor Tim Fargo Rod Fisher Colleen Fitzgerald-Bunn Richard Fossum Donnamae Fritz Bonnie Gasper Nancy Geiger Andrea Gorrilla Emma Grosse William Hailey Karen Hailey Paul Hawkins Donald Hayden Linda Hayen Gretchen Haynes Kristen Heeringa Diane Hilleman Hannah Hoaglund Art Holtan Maura Horgan Jeffrey Houdek Lori Hulstein Stephen Hunt Tamara Iselin Sarah Jackson Ria Jadhav Danielle Johnson Emily Johnson Carla Johnson Amy Jonsson Douglas Kaufman Samara Koshiol Cindy Kraemer Mary Lambert Kayla Landaeta Meghan Lannan Scott Leverenz Linda Lonn Jill Maczka Amin Mahdi John Maring Susan Maring Dawn Martin Lorene McWaters Jill Meixner Lori Meyer Linda Middendorf Rebecca Mielke Nelson Moore Steve Mosow Michael Murphy Patrick Murphy Paul Musegades Cheryl Nehl Diane Nelson Esmae O'Gorman Candi O'Hara Caitlin O'Laughlin Emily Olson Amy O'Neill Gregory Orne Nancy Orne Sandy Pawlyszyn Mary Perkins Sharon Peterson Wendi Peterson Nicholas Peterson Gina Picht John Prin Susan Prin Carol Prom Vivian Rank Jessica Reader Barbara Rightler Shari Rogalski Nicholas Rogers Kateri Ruiz Michael Ruth Thomas Ryan Barbara Schaepe Julie Schindel Amanda Schlampp Christopher Scott Robyn Scott Marianne Seidenstricker Jennifer Shinners Patrick Slator Carina Smith Scott Smith Claire Song Christina Spanier Andrew Stavast Marci Stevenson Tong Stone Lisa Stuart Stephen Stuckel Susan Terzich-Welsh Cheryl Trafas Pamela Vanek Wade Wacholz Daniel Wang Huaping Wang Rhonda Welsh Pamela Werdal Nancy Westby Pernille Whited Pat Williamson Randall Wittenberg Deborah Zeller Students Amal Adam Josie Axelson Emma Cullum Bradley Frisch Lydia Humphrey Ria Jadhav Danielle Johnson Kavya Karthic Samara Koshiol Evan Lembke Esmae O'Gorman Caitlin O'Laughlin Lillian Rau Sabrina Sabrie Iqra Salad Amanda Schlampp Christina Spanier BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the Eden Prairie City Council on this 6th day of October, 2020. __________________________ Ronald A. Case, Mayor ATTEST: _________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Office of City Manager, Information Technology/ Aditi Salunke ITEM DESCRIPTION: Declare obsolete computer equipment as surplus. ITEM NO.: VIII.G. Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment Asset Type Manufacturer Model Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G2 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G2 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G2 SFF Computer HP EliteDesk 800 G2 SFF Computer HP EliteDesk 800 G2 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G2 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G2 SFF Computer HP EliteDesk 800 G2 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G1 SFF Computer HP EliteDesk 800 G2 SFF Computer HP HP Elite 8200 SFF Computer HP EliteDesk 800 G3 SFF Computer HP EliteDesk 800 G3 SFF Computer HP EliteDesk 800 G3 SFF Computer HP Elite 8300 Elite Computer Dell Inspiron 660 Computer Dell Inspiron 660 Computer Dell Inspiron 660 Credit Card Scanner VeriFone OMNI 3750 Docking Station Gamber Johnson 7160-0526-02 Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0526-02 Docking Station Gamber Johnson 7160-0526-02 Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Docking Station Gamber Johnson 7160-0461-02-P Firewall Barracuda BYF410a iPad Apple A1397 iPad Apple A1397 iPad Apple A1395 iPad Apple A1395 iPad Apple A1395 iPad Apple A1395 iPad Apple A1403 iPad Apple A1403 iPad Apple A1397 iPad Apple A1403 Laptop HP ProBook 640 G1 Laptop Dock HP HSTNN-I10X Laptop Dock HP HSTNN-I11X Microscope Celestron Microscope Celestron Monitor Dell 1908FPb Monitor Dell 1908FPb Monitor Dell 1908FPt Monitor Dell 1908FPb Monitor Dell 1908FPt Monitor Dell 1908FPc Monitor Dell 1908FPc Monitor Dell P190ST Monitor Dell P190ST Monitor Dell 1907FPt Monitor Dell 1907FPt Monitor ViewSonic VG2239-LED Monitor Dell 1908FPt Monitor Dell 1907FPt Monitor Dell 1907FPt Monitor Samsung 943B-2 Monitor Samsung 943B-2 Monitor Samsung 943B-2 Monitor Samsung 943B Monitor Samsung 943B Monitor Samsung 943B Monitor Dell 1907FPt Monitor Samsung 943BT Monitor Samsung 943BT-2 Monitor Samsung 943BT Monitor Samsung 943BT-2 Monitor Dell 1908FPt Monitor Dell 1907FPc Monitor Dell 1908FPc Monitor Dell 1907FPt Monitor Dell 1908FPt Monitor Dell 1704FPt Monitor Samsung 943BT Monitor Samsung 943BT Monitor Dell 1907FPf Monitor Samsung 943BT Monitor Samsung 943BT-2 Monitor Dell 1908FPt Monitor Dell 1908FPb Monitor Dell 1908FPc Monitor Dell 1908FPt Monitor Samsung 943BT-2 Monitor Samsung 943BT-2 Monitor Dell 1907FPf Monitor Dell 1908FPc Monitor Dell 1908FPc Monitor Dell 1908FPt Monitor Dell 1907FPf Monitor Samsung 943BT Monitor Samsung 943BT Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5212 IP Phone Mitel 5215IP Phone Mitel 5224 IP Phone Mitel 5224 IP Phone Mitel 5224 IP Phone Mitel 5224 IP Phone Mitel 5224 IP Phone Mitel 5224 IP Phone 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Mitel 5215 IP Phone Mitel 5212 IP Phone Mitel 5215 IP Phone Mitel 5212 IP Printer Brother DCP-L2540DW Printer Brother PJ-522 Projector Sony VPL-CW125 Server WatchGuard CSE-836 Switch Cisco C3560-CX Switch NETGEAR GS308v3 TV Vizio M261VP UPS Eaton PW3105 700 Phone Mitel 5224 IP Conference phone Mitel IP Conference Saucer 50004459 Serial Number 2UA44226YV 2UA5432NKD 2UA5432NKW 2UA6070Y7F 2UA44226Z1 22UA6070Y7K 2UA6141TX7 2UA5432NKR 2UA4232116 2UA5111M8P 2UA5111M8R 2UA5111M8H 2UA44226YZ 2UA43609QG MXL4010D19 2UA6141TXB 2UA412209F 2UA644336Q 2UA6141TXD 2UA6141TX5 2UA43609Q3 2UA44226Z8 2UA6141TX9 2UA423210T 2UA6141TXC 2UA6141TXH 2UA412209K 2UA44226Z2 2UA6141TXJ MXL2161GD3 MXL8232NLY 2U8121K0C MXL83224GK MXL2520DQH 9DJTQW1 9F3WQW1 98XVWQ1 766-289-806 AJ0018ABJ020 F10414AAL019 AJ18718ABJ017 AJ18718ABJ006 F10414AAL034 F10414AAL032 F10414AAL027 F10414AAL022 F10414AAL006 F10414AAL015 F10414AAL009 F10414AAL024 F10414AAL035 F10414AAL018 F10414AAL011 F10414AAL012 F10414AAL023 F10414AAL021 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AVACN3545 AVABU7032 AVABU3079 AVACN3546 AVACN3501 AVACN3535 AVABB1889 AVACN3288 AVAFG2052 AVACN2173 AVACC5491 AVAFH2627 AVABD8866 AVAFG2676 AVAHF6246 AVACN3538 AVAFG2170 AVAFA8502 AVADL5069 AVADR9738 AVADT8290 AVAFG2391 AVAFG3131 AVADT9502 AVABB2973 AVABR5257 AVAFG2135 AVAFG2699 AVAFG2803 AVAFF9342 AVAFA8926 AVAFG2214 AVABH8981 AVADF4550 AVADF4645 AVABB2459 AVABB2976 AVABB2696 AVABD8936 AVADZ6965 GIAAQ1043 GIAAQ1046 GIAAQ1064 GIAAQ1068 GIAAQ1063 AVAAA9045 AVABU2982 AVAAM8847 AVADR9747 U63885H5N593635 U62280-A0T112260 2003326 C8360LC46MC0091 F0C2213T2U2 5UR1985AA4EE6 LAUKJBAL3803306 JE015A0447 AVADI3907 ILAABIQ1859 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Administration Rick Clark, Facilities ITEM DESCRIPTION: Approve the Standard Agreement for Contracted Services with Prescription Landscape Inc. for Snow and Ice Management Services ITEM NO.: VIII.H. Motion Move to: Approve the Standard Agreement for Contracted Services with Prescription Landscape Inc. for Snow and Ice Management Services. Synopsis Staff recommends entering into a Standard Agreement for Contracted Services with Prescription Landscape Inc. for Snow and Ice Management Services at our City Center and Fire Station 1 locations. Pricing is per snow event with an annual budgeted amount of $124,500. Background As part of a Sustainable Eden Prairie initiative staff issued an RFP for Snow and Ice Management Services with best practices to reduce salt usage while maintaining a high level of service. The recommended contractor is the lowest bidder as well as shares our initiative by participating in Minnesota Pollution Control Agency’s environmental certifications and Smart Salt trainings demonstrating a focus on Sustainability via decreasing salt usage. Bid Summary and Recommendation The summary of the bids submitted is as follows: Service Description Prescription Landscape Greenside Landscape A-Scape Landscape Snow Event 1”-3” $3,370 $5,630 $4,800 Snow Event 3.1”-6” $4,910 $6,463 $7,975 Snow Event 6.1”-9” $6,452 $7,504 $9,850 Snow Event 9.1”-12” $7,998 $8,806 $12,325 Attachment Standard Agreement for Contracted Services CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Accept Quotes and Award Contract to Action Fence, Inc for the Miller Park Fencing Replacement Project. ITEM NO.: VIII.I. Requested Action Move to: Accept quotes and award the contract for the Miller Park Fencing Replacement Project to Action Fence, Inc. in the amount of $107,100.00. Synopsis The City put out a Request for Quotes to replace the chain link fencing at the 8 Miller Park ballfields that were scheduled this year for replacement. The existing fencing is nearly 25 years old and is in need of replacement. The majority of the support poles are in good condition and will be reused to save on cost. The City also applied for and was awarded a grant through Hennepin County to add batting cages to field #1 and #3. However, quotes for the additional batting cages came back quite higher than anticipated and staff does not recommend completing these at this time. Of the contractors that were contacted, two companies submitted bids. Quote Summary The summary of the quotes submitted is as follows: Bidder Base Bid Amount Add Alternate Century Fence Company $218,550.00 $32,580.00 Action Fence, Inc. $107,100.00 $52,800.00 Funding for the work will come from the Capital Improvement Program (Capital Maintenance and Reinvestment Fund). The project is anticipated to be completed by February of 2021. Attachment Standard Agreement for Contract Services with Action Fence, Inc 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 6th day of October, 2020, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Action Fence, Inc, a Minnesota Corporation (hereinafter "Contractor") whose business address is PO Box 1065, Burnsville, MN 55337. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Miller Park Ballfield Fencing Replacement hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of October 6, 2020. The Work shall be completed by February 28, 2021. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11 necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $107,100.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11 similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 11 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 11 Exhibit A Scope of Work The following work shall be completed on fields #1-8 at Miller Park. • Remove existing chain-link fence on field fence and backstop and disposed of offsite • Remove and salvage yellow safety cap • Install new galvanized 9ga chain-link onto existing posts and framework • Bottom 5 feet of backstop to have galvanized 6ga chain-link • Includes chain-link, fence ties, fittings, tension bars and labor • Install salvaged safety cap CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Jay Lotthammer, Parks and Recreation Director ITEM DESCRIPTION: Lease Extensions with the Metropolitan Airports Commission for Flying Cloud Fields ITEM NO.: VIII.J. Requested Action Move to: Authorize entering into Lease Extensions with the Metropolitan Airports Commission (MAC) for Flying Cloud Fields through December 31, 2020. Synopsis Staff is currently working with MAC staff to draft longer-term leases for City Council and MAC Board consideration. The property is divided into two sections with unique lease documents. These short-term leases allow for continued athletic association use during negotiations. Background Flying Cloud Fields are owned by the Metropolitan Airports Commission. The property has been used by community athletic associations and leased by the City of Eden Prairie since 1964. The fields are currently used by the Soccer Club, Soccer Association, Football Association, Lacrosse Association, Baseball Association, and Miracle League Field participants. Attachments Fourth Amendment FCMEDEN1 Fourth Amendment FCMEDEN3 FOURTH AMENDMENT TO LEASE THIS AMENDMENT made effective the 1st day of September 2020, between Metropolitan Airports Commission ("MAC" or “Commission”), a public corporation of the State of Minnesota, as Lessor, and the CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD, EDEN PRAIRIE MN 55344 ("City"), as Lessee. RECITALS: WHEREAS, MAC and City entered into an Athletic Fields Lease Agreement ("Lease") effective the 1st day of September, 2010, under which a certain parcel of land situated on Flying Cloud Airport, County of Hennepin, and designated as Lot(s) FCMEDEN1 was leased by MAC to City; and, WHEREAS, the City exercised a three-year renewal option available under the Lease, which amendment became effective September 1, 2013; and WHEREAS, the City exercised a three-year renewal option available under the Lease, which amendment became effective September 1, 2016; and WHEREAS, City and MAC agreed to a one-year extension of the Lease, effective September 1, 2019; and WHEREAS, City and MAC are currently discussing the future of the Lease and have agreed to extend the Lease until December 31, 2020; and WHEREAS, MAC has determined that the leased property is not needed for exclusive aviation use during the proposed renewal period and the use of the leased property does not conflict with the safe operation of Flying Cloud Airport; and WHEREAS, this term extension of the Lease has been approved by the MAC Commission on ___________________, 2020; and WHEREAS, MAC and City desire to amend the Lease as hereinafter provided. NOW, THEREFORE, in consideration of the covenants and considerations in the original Lease and herein, it is agreed: SECTION 1. AMENDMENTS TO LEASE 1.1 Section 3 of the Lease is deleted in its entirety and replaced with the following: 3. TERM. The term of this Lease shall be four months, commencing September 1, 2020, and expiring December 31, 2020. The Premises are subject to recapture by the Commission upon three (3) months written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon three (3) months written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Renewal of this Lease will be based on a new determination by the Commission and the FAA that the property is not needed for exclusive aviation use during the proposed renewal period and that the use of the area for recreational purposes does not conflict with the safe operation of the airport. Upon termination of this Lease or any subsequent renewal lease, the Commission has no obligation to provide the Premises or any other Commission or Airport property to the City. 1.2 Section 6 of the Lease is deleted in its entirety and replaced with the following: 6. RENT. As rent for the Premises the City shall pay in advance an amount of $434.92 during the Lease Term. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. SECTION 2. RATIFICATION OF LEASE Unless specifically amended or supplemented by the provisions of this Fourth Amendment, the provisions of the Lease shall remain in full force and effect and are hereby ratified. IN WITNESS WHEREOF, the parties hereto have signed and executed this lease. METROPOLITAN AIRPORTS COMMISSION By: ______________________________ Eric Johnson Director, Commercial Mgmt & Airline Affairs Date: _______________ , 2020 CITY OF EDEN PRAIRIE By: ______________________________ Ronald A. Case, Mayor Date: _________________________, 2020 By: _____________________________ Rick Getschow, City Manager Date: ________________________, 2020 LESSOR NOTARIZATION STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ___________ , 2020, by ___________________________ , as the authorized representative of the Metropolitan Airports Commission. Notary Public LESSEE NOTARIZATION STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2020, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, on behalf of the City. ______________________________ Notary Public 4 FOURTH AMENDMENT TO LEASE THIS AMENDMENT made effective the 1st day of September 2020, between Metropolitan Airports Commission ("MAC" or “Commission”), a public corporation of the State of Minnesota, as Lessor, and the CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD, EDEN PRAIRIE MN 55344 ("City"), as Lessee. RECITALS: WHEREAS, MAC and City entered into an Athletic Fields Expansion Area Lease Agreement ("Lease") effective the 1st day of September, 2010, under which a certain parcel of land situated on Flying Cloud Airport, County of Hennepin, and designated as Lot(s) FCMEDEN3 was leased by MAC to City; and, WHEREAS, the City exercised a three-year renewal option available under the Lease, which amendment became effective September 1, 2013; and WHEREAS, the City exercised a three-year renewal option available under the Lease, which amendment became effective September 1, 2016; and WHEREAS, City and MAC agreed to a one-year extension of the Lease, effective September 1, 2019; and WHEREAS, City and MAC are currently discussing the future of the Lease and have agreed to extend the Lease until December 31, 2020; and WHEREAS, MAC has determined that the leased property is not needed for exclusive aviation use during the proposed renewal period and the use of the leased property does not conflict with the safe operation of Flying Cloud Airport; and WHEREAS, this term extension of the Lease has been approved by the MAC Commission on ___________________, 2020; and WHEREAS, MAC and City desire to amend the Lease as hereinafter provided. NOW, THEREFORE, in consideration of the covenants and considerations in the original Lease and herein, it is agreed: SECTION 1. AMENDMENTS TO LEASE 1.1 Section 3 of the Lease is deleted in its entirety and replaced with the following: 3. TERM. The term of this Lease shall be four months, commencing September 1, 2020, and expiring December 31, 2020. The Premises are subject to recapture by the Commission upon three (3) months written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon three (3) months written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Renewal of this Lease will be based on a new determination by the Commission and the FAA that the property is not needed for exclusive aviation use during the proposed renewal period and that the use of the area for recreational purposes does not conflict with the safe operation of the airport. Upon termination of this Lease or any subsequent renewal lease, the Commission has no obligation to provide the Premises or any other Commission or Airport property to the City. 1.2 Section 6 of the Lease is deleted in its entirety and replaced with the following: 6. RENT. As rent for the Premises the City shall pay in advance an amount of $1,087.32 during the Lease Term. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. SECTION 2. RATIFICATION OF LEASE Unless specifically amended or supplemented by the provisions of this Fourth Amendment, the provisions of the Lease shall remain in full force and effect and are hereby ratified. IN WITNESS WHEREOF, the parties hereto have signed and executed this lease. METROPOLITAN AIRPORTS COMMISSION By: ______________________________ Eric Johnson Director, Commercial Mgmt & Airline Affairs Date: _______________ , 2020 CITY OF EDEN PRAIRIE By: ______________________________ Ronald A. Case, Mayor Date: _________________________, 2020 By: _____________________________ Rick Getschow, City Manager Date: ________________________, 2020 LESSOR NOTARIZATION STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ___________ , 2020, by ___________________________ , as the authorized representative of the Metropolitan Airports Commission. Notary Public LESSEE NOTARIZATION STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2020, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, on behalf of the City. ______________________________ Notary Public 4 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: #15-5916 Approve Professional Services Agreement with Bolton and Menk, Inc. for Design and Permitting of Old Shady Oak Road Culvert Improvements Project AND Approve License Agreement for Nine Mile Creek Watershed District Hydrologic and Hydraulic Model ITEM NO.: VIII.K. Requested Action Move to: Approve Professional Services Agreement with Bolton and Menk, Inc. for Design and Permitting of Old Shady Oak Road Culvert Improvements Project in the amount of $25,500 AND Approve License Agreement for Nine Mile Creek Watershed District Hydrologic and Hydraulic Model Synopsis This Professional Services Agreement will provide design and permitting services for the Old Shady Oak Road Culvert Improvements Project. The schedule anticipates that survey will occur in fall 2020, design and permitting will occur in winter of 2020/2021, and the construction will occur in 2021. The License Agreement for Nine Mile Creek Watershed District (NMCWD) Hydrologic and Hydraulic Model would permit Bolton and Menk, on behalf of the City, to use the NMCWD model for the design. Background Information The City has been aware of frequent overtopping of Chamberlain Court and maintenance issues with culverts near Old Shady Oak Road. In 2015, the City and NMCWD conducted a feasibility study to evaluate potential improvements, including culvert replacement; however, the study noted that additional modeling and permitting would be required. This project will utilize the feasibility report as a basis for proceeding with design and permitting of culvert improvements. Financial Implications The Professional Services Agreement with Bolton and Menk, Inc. has an estimated cost of $25,500.00. All costs are to be covered by Capital Stormwater. Attachments Professional Services Agreement License Agreement for Nine Mile Creek Watershed District Hydrologic and Hydraulic Model 2017 06 01 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _________ day of___________, 20__, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ______________________________ (“Consultant”), a Minnesota corporation (hereinafter "Consultant") whose business address is _____________________________________________. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for_________________________________ hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (____________________________________________) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from _________________ through ________________ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $____________ for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Page 2 of 10 2017 06 01 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) Page 3 of 10 2017 06 01 amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written Page 4 of 10 2017 06 01 consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Page 5 of 10 2017 06 01 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for Page 6 of 10 2017 06 01 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that Page 7 of 10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in Page 8 of 10 2017 06 01 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 9 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 10 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: N:\Proposals\Eden Prairie\Old Shady Oak Road Culvert Replacement 09042020\Proposal for Old Shady Oak Road Culvert Replacement - 09172020.docx September 17, 2020 Patrick Sejkora, PE Water Resources Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Old Shady Oak Road Culvert Improvements Scope of Services and Fee City of Eden Prairie, MN Dear Mr. Sejkora, The City of Eden Prairie has initiated the analysis and replacement of several culverts through Chamberlain Court, Old Shady Oak Road and Cherokee Trail. During even moderate rainfall events (larger than approximately 2.9 inches in 24-hours), Chamberlain Court can overtop and restrict access to eight homes. Furthermore, the city wishes to improve a potential drainage bottleneck at Cherokee Court and Old Shady Oak Road where three culvert systems are collected in a small wetland and discharge into a larger wetland complex east of Old Shady Oak Road. The city has utilized Nine Mile Creek Watershed District (NMCWD) regional hydraulic modeling to assess the culvert system, preliminarily size culverts to meet specific capacity and conveyance goals, and understand potential downstream impacts. Bolton & Menk appreciates the opportunity to work with the city of Eden Prairie to: · Finalize the design of the proposed culvert system. · Collect topographic survey of the potential improvement area. · Develop construction plans and project specifications for proposed culvert replacements and street repair. · Prepare and secure project permitting. Bolton & Menk appreciates the opportunity to help you with this challenging project in our continued service to the City of Eden Prairie. We have prepared the following scope and fee to meet your project needs. Tim Olson will serve as the project manager on the project, please feel free to contact him at 651-724-0404 or timothy.olson@bolton-menk.com if you have any questions. Sincerely, Bolton & Menk, Inc. Timothy J. Olson, PE, CFM Sarah Lloyd, PE Water Resources Project Manager Principal Engineer Old Shady Oak Road Culvert Improvements 09/17/2020 Page: 2 Scope of Services Task 1: Communication and Project Management Subtask 1.1: Kick Off Meeting Upon notice to proceed, facilitate a project kick off meeting to clearly define roles and responsibilities, project scope and schedule, and expected deliverables. The meeting will include applicable City, Bolton & Menk, NMCWD and MnDNR staff. Subtask 1.2: Project Updates We will maintain constant communication with the project team and share preliminary designs as deliverables are generated. Assumptions: · All project coordination outside of the scheduled kick-off meeting will be via email or phone call. Scheduled meetings with multiple project team members are not included. · We will deliver 60% and 100% plans electronically and make any necessary corrections based on City comment. Task 2: Collect Topographic Survey Bolton & Menk will verify the culvert inverts, pipe sizes and materials. We will also develop topographic survey approximately 50’ on either side of each culvert. The scope of work for this task includes the following. · Research City & County Information (i.e. plats, half section maps, section corner coordinates, etc.) · Preliminary property corner and plat calculations & preparation of project information for field staff · Submit Gopher State One Call tickets for field markings and maps · Establish horizontal & vertical control based on Hennepin County Coordinate System 1986 Adj. & NGVD 29 · Field locations of existing conditions · Structure reports which will include rim elevation, pipe size, pipe type and inverts · Drafting of existing conditions and utility information · Right-of-way/boundary determination Assumptions: · City and/or watershed district will provide benchmarks near the site based on NGVD 29 datum. If there is not a sufficient number of benchmarks near the project site to utilize and check between, an additional fee may need to be negotiated to cover extra field time. · Property owners will be notified by the city prior to the start of the project. Task 3: Review and Verify Hydraulic Modeling NMCWD has established regional hydraulic modeling. We anticipate utilizing this model to establish baseline flow conditions and to assess potential downstream impacts. Old Shady Oak Road Culvert Improvements 09/17/2020 Page: 3 Assumptions: · No additional modeling will be performed. This task includes review of the in-place model, only. · If review of the model uncovers potential downstream impacts, we will stop work and inform the City. Downstream impacts may require the City to explore additional peak flow or flood level mitigation efforts, or contact NMCWD regarding a potential variance to the permit. Task 4: Final Construction Plans, Project Specifications and Permits Subtask 4.1: Final Construction Plans We will prepare and present construction plans at the 60% and 100% design level. We will work closely with City and NMCW staff to integrate the results of the Chamberlain-Cherokee Drainage System Analysis (Barr Engineering, 2018). We anticipate the following plan sheets. · Title Sheet with Location Map · Erosion and Sediment Control Plan · Pipe Profiles · Grading Plan · Street Plan · Standard Details Subtask 5.2: Project Specifications Bolton & Menk will develop project specifications and special provisions outside of the City’s standard specifications that can be included in the final project manual. We will submit draft specifications for approval, make any corrections requested by the City and submit final special provisions for approval. Subtask 5.3: Permits Bolton & Menk will apply for applicable permits based on final design criteria. We anticipate coordination and permitting with NMCWD and MnDNR. Permit fees will be the responsibility of the City and are not included in our proposal. Assumptions: · The street plan is expected to show plan view of the necessary street patches needed due to the culvert replacement. The street plan will not include profile views and will be included on the pipe profile sheets, as space permits. · A traffic control plan is not proposed for the project; specification language will be added to have the contractor develop a temporary traffic control plan for the project. · Specifications will include technical sections only. It is assumed that front end documents and all other bidding forms will be issued by the City. · Project permitting assumes that the project will not result in a variance. If a variance request is likely, or additional mitigation of downstream impacts is imminent, we will stop work and inform the City. · Wetland permitting is not required as wetland impacts will be avoided. The City has provided a delineation in the area of Cherokee Trail and Old Shady Oak Road that expires in October of 2020. Our fee does not include revisions to this wetland delineation or any updates to the previous determination. Old Shady Oak Road Culvert Improvements 09/17/2020 Page: 4 Estimated Fee Our estimates of personnel time and associated fees to complete the scope of work described in this proposal are included in the following table. The itemized detailed personnel hours and costs for the various tasks are estimates. Client: City of Eden Prairie BOLTON & MENK, INC. Project: Old Shady Oak Road Culvert Improvements TASK NO. WORK TASK DESCRIPTION Project Manager Water Resources Project Manager Design Engineer Licensed Surveyor Office Technician Survey Field Technician Total Hours Total Cost 1.0 Communication and Project Management 1 8 0 0 0 0 9 $1,400 2.0 Collect Topographic Survey 0 0 0 6 12 30 48 $6,800 3.0 Review and Verify Hydraulic Modeling 0 4 6 0 0 0 10 $1,300 4.0 Final Construction Plans, Project Specifications and Permits 0 15 110 0 0 0 125 $16,000 TOTAL HOURS 1 27 116 6 12 30 192 AVERAGE HOURLY RATE $173 $149 $125 $164 $100 $155 SUBTOTAL $173 $4,023 $14,500 $984 $1,200 $4,650 TOTAL FEE $25,500 1 LICENSE AGREEMENT NINE MILE CREEK WATERSHED DISTRICT STORMWATER HYDROLOGIC AND HYDRAULIC MODEL Licensee: City of Eden Prairie THIS LICENSE AGREEMENT is entered into by the Nine Mile Creek Watershed District (NMCWD), a political subdivision of the State of Minnesota, and the City of Eden Prairie, a Minnesota municipal corporation (User). WHEREAS NMCWD has developed a stormwater hydrologic and hydraulic model that may be used to generate stormwater flow volume and rate information, flood elevations, floodplain delineations and related data; WHEREAS the stormwater hydrologic and hydraulic model has been developed for application to watershed-wide planning as well as to the evaluation of local consequences of development or public infrastructure projects; WHEREAS the stormwater model has been developed with public resources, and it is NMCWD’s intent that it be made available for use by other public bodies, organizations, entities and the public generally to help ensure that planning, analysis, management and development and redevelopment and other work affecting the land and water in the watershed is conducted based on the best-possible hydrologic and hydraulic information; WHEREAS NMCWD finds that wide usage of the stormwater hydrologic and hydraulic model within the watershed has watershed-wide benefit, wishes to promote such use, and therefore has determined not to charge User to use the model and underlying data (the Model), except to the degree the preparation of the Model for User requires significant expenditure of time or resources by NMCWD; and WHEREAS NMCWD has determined that the Model is classified as nonpublic trade secret information and otherwise data not subject to disclosure under the Minnesota Data Practices Act, Minnesota Statutes chapter 13. NMCWD has decided to provide for the disclosure of the Model in accordance with certain protections and commitments by User as set forth in this License Agreement. NOW THEREFORE, in consideration of the foregoing, NMCWD and User agree as follows: 1. Use of the Model; Cost Reimbursement 2 1.1 Authorized Use. User is granted a nonexclusive, nontransferable and nonassignable (except as provided herein) license to use the Model exclusively for the purposes of assessing stormwater flow related to assessment of operation of the Chamberlain- Cherokee drainage system located northeast of Bryant Lake in Eden Prairie (the Project). This license will be in effect only during compliance by User and its agents, consultants and contractors (ACCs) with the terms and conditions of this License Agreement. User and, pursuant to section 1.3, its ACCs may use the Model in the form provided by NMCWD for the authorized Project purpose and for no other purpose. User and its ACCs may modify or transfer the Model, or merge the Model into other databases or applications only for User’s authorized Project purposes. User and its ACCs may operate on the Model using such proprietary or public software as they are independently authorized to use and may disclose or distribute the products of that operation, but may not disclose or distribute the Model in the same or substantially the same form as received from NMCWD. User may duplicate the Model for use by User and its ACCs, provided the computer central processing units on which the Model is maintained support only equipment operated by User and its ACCs, and the Model is used only for User’s authorized purpose. Except for off-site backup pursuant to established procedures, User and its ACCs will not remove the Model from their places of business. 1.2 Unauthorized Uses. User and its ACCs may not use the Model on behalf of any individual, organization, corporation, government entity, or any other party except as authorized herein. User’s ACCs will use the Model only in the conduct of User’s business and for User’s authorized purpose. User and its ACCs will not duplicate or disclose the Model to any third parties unless such use, duplication or disclosure is expressly authorized in writing by NMCWD. User and its ACCs will not charge third parties for the availability of the Model. This will not prevent User and its ACCs from charging third parties as otherwise authorized for its staff time, work products or ancillary costs associated with modeling and analysis using the Model. User acknowledges that NMCWD has declared the applicability of copyright protection to the Model. User will conform to all legal requirements related to the copyrighted status of the data as declared by NMCWD. 1.3 Third-Party Access. If it is necessary for User to make the Model available to an outside ACC for User’s authorized purposes, User must obtain from each ACC and provide to NMCWD a signed copy of the Model License Agreement Third-Party Certification attached to and incorporated into this License Agreement as Attachment A, and must receive written authorization from NMCWD. Under the Third-Party Certification, ACCs are subject to all terms and obligations of this License Agreement to the same extent as the terms and obligations apply to User. 3 1.4 Data Security. User and its ACCs agree to take all necessary and reasonable steps to ensure the Model is not disclosed or made accessible in whole or part to third parties except as authorized in or pursuant to this License Agreement. User and its ACCs agree they will not knowingly or negligently allow their employees or agents to copy, sell, disclose or otherwise make the Model available to others. User and its ACCs agree to immediately notify NMCWD by telephone and in writing of any unauthorized sale or other disclosure. User and its ACCs further agree to prevent unauthorized disclosure through appropriate security measures and take all steps that they take to protect tangible and intangible data products of their own that they regard as proprietary, confidential or nonpublic. 1.5 Data Practices Act. User will treat the Model as nonpublic data not subject to public disclosure under the Minnesota Data Practices Act and will advise any requestor of the data classification accordingly. User will notify NMCWD immediately of any challenge to User’s withholding of the Model and will not release the Model, or any part thereof, pursuant to the Data Practices Act without written authorization from NMCWD. 1.6 Reservation of Rights. The Model is the exclusive property of NMCWD, which retains all right, title and interest in the Model, including the right to license the Model to other users. Any right or remedy provided to NMCWD in this License Agreement is nonexclusive and in addition to any other right or remedy available to NMCWD in law or equity. 1.7 Errors and Omissions. User timely will advise NMCWD in writing of any errors or omissions it finds within the Model. This includes but is not limited to advising NMCWD of new or omitted data of which User or its ACCs are aware, as well as of changes to the physical environment at a scale that would be recognized by the Model. 1.8 Cost Reimbursement. NMCWD, by and through its consulting engineer, as necessary, will endeavor to provide the Model in a form and format requested by User and suitable for the purposes for which the Model is to be provided to User. NMCWD may invoice User and User agrees to reimburse NMCWD within 30 days of receipt for staff or consultant time in excess of two hours spent preparing the Model for User or its ACCs. Costs will be assessed at rates in the adopt fee schedule for the NMCWD regulatory program. NMCWD will provide User with notice and an opportunity to withdraw User’s request for the Model, at no cost to User, before costs are incurred under this paragraph. An invoice issued under this paragraph will include an itemized schedule of time and costs incurred. This paragraph is not applicable and no costs will be assessed for work undertaken by NMCWD or its consulting engineer in accordance with tasks arising under paragraph 1.7 herein. 4 2. License Agreement Term and Termination 2.1 Term. The License Agreement is effective on execution by both parties and remains effective until the January 31 first following commencement. Notwithstanding, the License Agreement will renew automatically from year to year unless terminated as provided herein. However, NMCWD assumes no duty to any User or ACC to update the Model and it remains the sole and absolute responsibility of User and its ACCs to ensure that the Model is current, accurate and adequate for their use and purposes. 2.2 Termination. NMCWD may terminate this License Agreement at any time on written notice to User if User or one or more of its ACCs fails to comply with the terms and conditions of this License Agreement. NMCWD also may independently revoke approval of one or more ACC and the associated Third-Party Certification(s) without necessarily terminating the License Agreement. NMCWD or User may terminate the License Agreement without cause on 30-day notice to the other party. 2.3 Return or Destruction of Model. When this License Agreement has been terminated, User must either destroy all copies of the Model and provide to NMCWD written certification of the destruction, or return all copies of the Model to NMCWD. 3. Limited Warranty and Disclaimers 3.1 Limited Warranty. The Model is provided by NMCWD to User subject to the following limitations and restrictions: (a) User is responsible for the installation and use of the Model and the results or consequences resulting from User’s installation or use of the Model. (b) NMCWD does not warrant that the Model is error free, and disclaims any other warranties, express or implied, respecting this License Agreement or the Model. (c) THE MODEL IS PROVIDED “AS IS” WITHOUT ANY SUPPORT WHATSOEVER AND WITHOUT WARRANTY AS TO ITS PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE MODEL IS ASSUMED BY USER. (d) NMCWD WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, OTHER FINANCIAL LOSS, LOSS OF DATA, OR ANY OTHER DAMAGE OF ANY KIND ARISING OUT OF USER’S USE OR ATTEMPTED USE OF THE MODEL, OR ANY THIRD-PARTY CLAIMS THAT MAY RESULT FROM THE USE OF THE MODEL, 5 EVEN IF NMCWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. 3.2 Sole Remedies. User’s sole and exclusive remedies for breach of these limited warranties will be as follows: (a) User may return the Model to NMCWD, which, at its discretion, may replace or repair the Model and return the Model to User; or (b) User may terminate this License Agreement in accordance with section 2, above. 3.3 Indemnification. User will hold harmless, defend and indemnify NMCWD, its officers, board members, employees and agents from any and all actions, costs, damages and liabilities of any nature related to User’s use of the Model, to the extent permitted by law. Nothing in this License Agreement will be construed to waive any immunity, defense or limit on liability applicable to NMCWD or User, or otherwise to create any right in User other than the remedies of section 3.2, or any right in any third party. 4. General Terms and Conditions 4.1 Whereas Clauses. All recitals included in this License Agreement are incorporated into and considered a part of the License Agreement. 4.2 Amendment. The terms of this License Agreement may be amended only by written agreement of NMCWD and User. 4.3 Governing Law. This License Agreement will be governed by and interpreted according to the laws of the State of Minnesota. 4.4 Waiver. No waiver of any violation of this License Agreement will constitute a waiver of any subsequent violation, whether of the same or of any other term. Subsequent performance of any of the terms of this License Agreement will not constitute a waiver of any preceding violation, regardless of the other party’s knowledge of the preceding violation at the time of subsequent performance. The delay or omission of any party’s exercise of any right arising from any default will not affect or impair the party’s rights regarding the same or future default. 4.5 No Agency. NMCWD and User are independent parties for all legal purposes hereunder, and nothing herein will be construed to create an agency, joint venture, partnership or other form of business association between the parties. 4.6 Assignment. User will not assign or transfer this License Agreement in whole or in part, without the prior written consent of NMCWD. Any attempt to assign or transfer this License Agreement without prior written consent will be void and of no force or effect. 6 4.7 Correspondence. Correspondence regarding this License Agreement or the Model will be directed as follows: To NMCWD: Administrator Nine Mile Creek Watershed District 12800 Gerard Drive Eden Prairie, MN 55346 To User: Patrick Sejkora, PE Water Resources Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 4.8 Survival of Provisions. All obligations of User regarding use and protection of the Model; all obligations to hold harmless, defend and indemnify; and limitations on and disclaimers of all warranties in this License Agreement will survive termination of the Agreement. 4.9 Authority. The person or persons executing this License Agreement on behalf of User represent that they are duly authorized to execute this License Agreement on behalf of User and represent and warrant that this License Agreement is a legal, valid and binding obligation enforceable according to its terms. INTENDING TO BE LEGALLY BOUND by the foregoing terms: City of Eden Prairie ___________________________ Date: Print name: Print title: NINE MILE CREEK WATERSHED DISTRICT _________________________ Date: Randy Anhorn, Administrator CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Engineering ITEM DESCRIPTION: #19822 Approve License Agreement for Nine Mile Creek Watershed District's P8 Stormwater Model ITEM NO.: VIII.L. Requested Action Move to: Approve License Agreement for use of the Nine Mile Creek Watershed District's P8 Stormwater Model Synopsis This License Agreement for the Nine Mile Creek Watershed District's (NMCWD) P8 Stormwater Model would permit Wenck Associates, on behalf of the City, to use the NMCWD model for continuation of the citywide stormwater treatment inventory required by our stormwater permit program within the Nine Mile Creek watershed. Background Information Wenck is currently developing a model for the stormwater treatment basins within the Lake Smetana watershed. This is Phase VIII of our Pond Inventory & Inspection Program. Future phases within the Nine Mile Creek watershed would also be covered by this Agreement. The goal of the Program is to complete an inventory and inspect stormwater treatment areas (such as lakes, ponds, wetlands, ditches, infiltration basins and creek segments) to identify treatment effectiveness and maintenance needs beyond what can be determined visually. The model will be used to evaluate each lake watershed and the stormwater runoff entering each study area in relation to the data being collected by Wenck. Attachment License Agreement for Nine Mile Creek Watershed District's P8 Stormwater Model 1 LICENSE AGREEMENT NINE MILE CREEK WATERSHED DISTRICT P8 STORMWATER MODEL Licensee: City of Eden Prairie THIS LICENSE AGREEMENT is entered into by the Nine Mile Creek Watershed District (NMCWD), a political subdivision of the State of Minnesota, and the City of Eden Prairie, a Minnesota municipal corporation (User). WHEREAS NMCWD has developed a P8 (Program for Predicting Polluting Particle Passage thru Pits, Puddles, & Ponds) stormwater model that may be used to predict the generation and transport of stormwater runoff and pollutants and related data; WHEREAS the P8 stormwater model has been developed for application to watershed- wide planning as well as to the evaluation of local consequences of development or public infrastructure projects; WHEREAS the stormwater model has been developed with public resources, and it is NMCWD’s intent that it be made available for use by other public bodies, organizations, entities and the public generally to help ensure that planning, analysis, management and development and redevelopment and other work affecting the land and water in the watershed is conducted based on the best-possible stormwater information; WHEREAS NMCWD finds that wide usage of the P8 stormwater model within the watershed has watershed-wide benefit, wishes to promote such use, and therefore has determined not to charge User to use the model and underlying data (the Model), except to the degree the preparation of the Model for User requires significant expenditure of time or resources by NMCWD; and WHEREAS NMCWD has determined that the Model is classified as nonpublic trade secret information and otherwise data not subject to disclosure under the Minnesota Data Practices Act, Minnesota Statutes chapter 13. NMCWD has decided to provide for the disclosure of the Model in accordance with certain protections and commitments by User as set forth in this License Agreement. NOW THEREFORE, in consideration of the foregoing, NMCWD and User agree as follows: 2 1. Use of the Model; Cost Reimbursement 1.1 Authorized Use. User is granted a nonexclusive, nontransferable and nonassignable (except as provided herein) license to use the Model exclusively for the purposes of completing an inventory and assessment of ponds in Eden Prairie (the Project). This license will be in effect only during compliance by User and its agents, consultants and contractors (ACCs) with the terms and conditions of this License Agreement. User and, pursuant to section 1.3, its ACCs may use the Model in the form provided by NMCWD for the authorized Project purpose and for no other purpose. User and its ACCs may modify or transfer the Model, or merge the Model into other databases or applications only for User’s authorized Project purposes. User and its ACCs may operate on the Model using such proprietary or public software as they are independently authorized to use and may disclose or distribute the products of that operation, but may not disclose or distribute the Model in the same or substantially the same form as received from NMCWD. User may duplicate the Model for use by User and its ACCs, provided the computer central processing units on which the Model is maintained support only equipment operated by User and its ACCs, and the Model is used only for User’s authorized purpose. Except for off-site backup pursuant to established procedures, User and its ACCs will not remove the Model from their places of business. 1.2 Unauthorized Uses. User and its ACCs may not use the Model on behalf of any individual, organization, corporation, government entity, or any other party except as authorized herein. User’s ACCs will use the Model only in the conduct of User’s business and for User’s authorized purpose. User and its ACCs will not duplicate or disclose the Model to any third parties unless such use, duplication or disclosure is expressly authorized in writing by NMCWD. User and its ACCs will not charge third parties for the availability of the Model. This will not prevent User and its ACCs from charging third parties as otherwise authorized for its staff time, work products or ancillary costs associated with modeling and analysis using the Model. User acknowledges that NMCWD has declared the applicability of copyright protection to the Model. User will conform to all legal requirements related to the copyrighted status of the data as declared by NMCWD. 1.3 Third-Party Access. If it is necessary for User to make the Model available to an outside ACC for User’s authorized purposes, User must obtain from each ACC and provide to NMCWD a signed copy of the Model License Agreement Third-Party Certification attached to and incorporated into this License Agreement as Attachment A, and must receive written authorization from NMCWD. Under the Third-Party Certification, ACCs are subject to all terms and obligations of this License Agreement to the same extent as the terms and obligations apply to User. 3 1.4 Data Security. User and its ACCs agree to take all necessary and reasonable steps to ensure the Model is not disclosed or made accessible in whole or part to third parties except as authorized in or pursuant to this License Agreement. User and its ACCs agree they will not knowingly or negligently allow their employees or agents to copy, sell, disclose or otherwise make the Model available to others. User and its ACCs agree to immediately notify NMCWD by telephone and in writing of any unauthorized sale or other disclosure. User and its ACCs further agree to prevent unauthorized disclosure through appropriate security measures and take all steps that they take to protect tangible and intangible data products of their own that they regard as proprietary, confidential or nonpublic. 1.5 Data Practices Act. User will treat the Model as nonpublic data not subject to public disclosure under the Minnesota Data Practices Act and will advise any requestor of the data classification accordingly. User will notify NMCWD immediately of any challenge to User’s withholding of the Model and will not release the Model, or any part thereof, pursuant to the Data Practices Act without written authorization from NMCWD. 1.6 Reservation of Rights. The Model is the exclusive property of NMCWD, which retains all right, title and interest in the Model, including the right to license the Model to other users. Any right or remedy provided to NMCWD in this License Agreement is nonexclusive and in addition to any other right or remedy available to NMCWD in law or equity. 1.7 Errors and Omissions. User timely will advise NMCWD in writing of any errors or omissions it finds within the Model. This includes but is not limited to advising NMCWD of new or omitted data of which User or its ACCs are aware, as well as of changes to the physical environment at a scale that would be recognized by the Model. 1.8 Cost Reimbursement. NMCWD, by and through its consulting engineer, as necessary, will endeavor to provide the Model in a form and format requested by User and suitable for the purposes for which the Model is to be provided to User. NMCWD may invoice User and User agrees to reimburse NMCWD within 30 days of receipt for staff or consultant time in excess of two hours spent preparing the Model for User or its ACCs. Costs will be assessed at rates in the adopt fee schedule for the NMCWD regulatory program. NMCWD will provide User with notice and an opportunity to withdraw User’s request for the Model, at no cost to User, before costs are incurred under this paragraph. An invoice issued under this paragraph will include an itemized schedule of time and costs incurred. This paragraph is not applicable and no costs will be assessed for work undertaken by NMCWD or its consulting engineer in accordance with tasks arising under paragraph 1.7 herein. 4 2. License Agreement Term and Termination 2.1 Term. The License Agreement is effective on execution by both parties and remains effective until the January 31 first following commencement. Notwithstanding, the License Agreement will renew automatically from year to year unless terminated as provided herein. However, NMCWD assumes no duty to any User or ACC to update the Model and it remains the sole and absolute responsibility of User and its ACCs to ensure that the Model is current, accurate and adequate for their use and purposes. 2.2 Termination. NMCWD may terminate this License Agreement at any time on written notice to User if User or one or more of its ACCs fails to comply with the terms and conditions of this License Agreement. NMCWD also may independently revoke approval of one or more ACC and the associated Third-Party Certification(s) without necessarily terminating the License Agreement. NMCWD or User may terminate the License Agreement without cause on 30-day notice to the other party. 2.3 Return or Destruction of Model. When this License Agreement has been terminated, User must either destroy all copies of the Model and provide to NMCWD written certification of the destruction, or return all copies of the Model to NMCWD. 3. Limited Warranty and Disclaimers 3.1 Limited Warranty. The Model is provided by NMCWD to User subject to the following limitations and restrictions: (a) User is responsible for the installation and use of the Model and the results or consequences resulting from User’s installation or use of the Model. (b) NMCWD does not warrant that the Model is error free, and disclaims any other warranties, express or implied, respecting this License Agreement or the Model. (c) THE MODEL IS PROVIDED “AS IS” WITHOUT ANY SUPPORT WHATSOEVER AND WITHOUT WARRANTY AS TO ITS PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE MODEL IS ASSUMED BY USER. (d) NMCWD WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, OTHER FINANCIAL LOSS, LOSS OF DATA, OR ANY OTHER DAMAGE OF ANY KIND ARISING OUT OF USER’S USE OR ATTEMPTED USE OF THE MODEL, OR ANY THIRD-PARTY CLAIMS THAT MAY RESULT FROM THE USE OF THE MODEL, 5 EVEN IF NMCWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. 3.2 Sole Remedies. User’s sole and exclusive remedies for breach of these limited warranties will be as follows: (a) User may return the Model to NMCWD, which, at its discretion, may replace or repair the Model and return the Model to User; or (b) User may terminate this License Agreement in accordance with section 2, above. 3.3 Indemnification. User will hold harmless, defend and indemnify NMCWD, its officers, board members, employees and agents from any and all actions, costs, damages and liabilities of any nature related to User’s use of the Model, to the extent permitted by law. Nothing in this License Agreement will be construed to waive any immunity, defense or limit on liability applicable to NMCWD or User, or otherwise to create any right in User other than the remedies of section 3.2, or any right in any third party. 4. General Terms and Conditions 4.1 Whereas Clauses. All recitals included in this License Agreement are incorporated into and considered a part of the License Agreement. 4.2 Amendment. The terms of this License Agreement may be amended only by written agreement of NMCWD and User. 4.3 Governing Law. This License Agreement will be governed by and interpreted according to the laws of the State of Minnesota. 4.4 Waiver. No waiver of any violation of this License Agreement will constitute a waiver of any subsequent violation, whether of the same or of any other term. Subsequent performance of any of the terms of this License Agreement will not constitute a waiver of any preceding violation, regardless of the other party’s knowledge of the preceding violation at the time of subsequent performance. The delay or omission of any party’s exercise of any right arising from any default will not affect or impair the party’s rights regarding the same or future default. 4.5 No Agency. NMCWD and User are independent parties for all legal purposes hereunder, and nothing herein will be construed to create an agency, joint venture, partnership or other form of business association between the parties. 4.6 Assignment. User will not assign or transfer this License Agreement in whole or in part, without the prior written consent of NMCWD. Any attempt to assign or transfer this License Agreement without prior written consent will be void and of no force or effect. 6 4.7 Correspondence. Correspondence regarding this License Agreement or the Model will be directed as follows: To NMCWD: Administrator Nine Mile Creek Watershed District 12800 Gerard Drive Eden Prairie, MN 55346 To User: City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 4.8 Survival of Provisions. All obligations of User regarding use and protection of the Model; all obligations to hold harmless, defend and indemnify; and limitations on and disclaimers of all warranties in this License Agreement will survive termination of the Agreement. 4.9 Authority. The person or persons executing this License Agreement on behalf of User represent that they are duly authorized to execute this License Agreement on behalf of User and represent and warrant that this License Agreement is a legal, valid and binding obligation enforceable according to its terms. [Signature page follows.] 7 INTENDING TO BE LEGALLY BOUND by the foregoing terms, the parties execute this license agreement: City of Eden Prairie Date: Print name: Print title: NINE MILE CREEK WATERSHED DISTRICT Date: Randy Anhorn, Administrator 8 ATTACHMENT A MODEL LICENSE AGREEMENT THIRD-PARTY CERTIFICATION Wenck Associates Inc., a private Minnesota corporation (Wenck), hereby requests authority to exercise rights to use the Nine Mile Creek Watershed District’s Model as an agent, consultant or contractor to the City of Eden Prairie under the License Agreement executed on ____________________ between City of Eden Prairie and Nine Mile Creek Watershed District. In assuming that authority, and in consideration therefore, Wenck hereby represents and affirms that it has received and is familiar with the cited license agreement, that its authority is limited by the terms of the agreement, and that it is fully subject to all limitations, obligations and liabilities set forth in that agreement to the same extent as if it were a signatory thereto. Wenck Associates Inc. By Date: Print name: Print title: CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 6, 2020 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Grant Agreement Authorization with Hennepin County for Healthy Tree Canopy Grant ITEM NO.: VIII.M. Motion Move to: Authorize Park and Recreation Director Jay Lotthammer to sign the Grant Agreement with Hennepin County for the Healthy Tree Canopy Grant. Synopsis The City of Eden Prairie was recently awarded a Healthy Tree Canopy Grant through Hennepin County in the amount of $50,000.00. The grant is intended to help applicants expand their forestry initiatives in areas including; combat threats to trees from invasive insects and disease by funding tree planting, educate the public on tree care and the importance of trees, and increase the diversity and resiliency of the tree canopy. Staff submitted a grant application to help fund many of our EAB management plan activities. Hennepin County utilizes an electronic signing service for their grant agreements and so the City Council must authorize staff to sign and enter into the agreement. Attachment Healthy Tree Canopy Grant Agreement Grant Form 101 (Revised 11/2019) 1 Contract No: PR00002367 GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Environment and Energy Department, 701 South Fourth Avenue, Suite 700, Minneapolis, Minnesota 55415 (“COUNTY”), and City of Eden Prairie, 15150 Technology Drive, Eden Prairie, MN 55344 (“GRANTEE”). The parties agree as follows: 1. TERM AND AMOUNT OF GRANT GRANTEE shall complete all grant requirements (“Grant Requirements”), if any, commencing September 1, 2020 and expiring November 1, 2021, unless cancelled or terminated earlier in accordance with the provisions herein. The total amount of this grant, including all reimbursable expenses, is fifty thousand dollars ($50,000) (“Grant Funds”). 2. GRANT REQUIREMENTS The GRANTEE shall operate its healthy tree canopy grant project (“Project”), including the proposed Project budget, as described in the application submitted by the GRANTEE and kept on file with the COUNTY. GRANTEE shall remove large ash trees and perform one-time treatment on high quality ash trees, and plant 325 trees in parks and right of ways to increase species diversity. See attachment A for details regarding the project scope. The GRANTEE shall provide twenty-five percentage matching funds as described in the project budget and project requirements, as well as provide proof of matching funds before reimbursement. Submit to the DEPARTMENT in a format acceptable to the COUNTY a final report by December 15, 2021. 3. GRANT DISBURSEMENT COUNTY shall pay Grant Funds directly to GRANTEE after completion of the Grant Requirements, if any, and upon the presentation of a claim as provided by law governing COUNTY's payment of claims and/or invoices. GRANTEE shall submit invoices quarterly on forms which may be furnished by COUNTY. Payment shall be made within thirty-five (35) days from receipt of the invoice. Grant Form 101 (Revised 12/2019) 2 The COUNTY shall pay all Tree Grant Funds once work is completed to the GRANTEE valued not-to-exceed $50,000. Reimbursable expenses are limited to budget line items. Any reimbursable expense which exceeds fifty thousand dollars ($50,000) shall receive prior written approval from the Contract Administrator. GRANTEE shall not provide services under this Agreement without receiving a purchase order or purchase order number supplied by COUNTY. All invoices shall display a Hennepin County purchase order number and be sent to the central invoice receiving address supplied by COUNTY. 4. INDEPENDENT CONTRACTOR GRANTEE shall select the means, method, and manner of performing Grant Requirements, if any. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of COUNTY for any purpose. GRANTEE is and shall remain an independent contractor under this Agreement. GRANTEE shall secure at its own expense all personnel required in completing Grant Requirements, if any, under this Agreement. GRANTEE’s personnel and/or subcontractors engaged to perform any work required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims related to or on behalf of any of GRANTEE’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against GRANTEE, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION In accordance with COUNTY’s policies against discrimination, GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination. 6. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of Grant Form 101 (Revised 12/2019) 3 action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 7. INSURANCE GRANTEE shall purchase insurance or utilize a self-insurance program sufficient to cover the maximum level of Minnesota tort liability limits under Minnesota Statute, Chapter 466. 8. DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. 9. DATA PRIVACY AND SECURITY A. GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy, confidentiality or security of data, which may include the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by Grant Form 101 (Revised 12/2019) 4 GRANTEE does not necessarily make the data protected as such under any applicable law. B. In addition to the foregoing MGDPA and other applicable law obligations, GRANTEE shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, “County Data” means any data or information, and any copies thereof, created by GRANTEE or acquired by GRANTEE from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. If GRANTEE has access to or possession/control of County Data, GRANTEE shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable COUNTY policies, procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such COUNTY policies, procedures, rules and directions, GRANTEE shall notify COUNTY of the inconsistency and follow COUNTY direction. GRANTEE shall immediately notify COUNTY of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions provided by COUNTY. The foregoing shall not be construed as eliminating, limiting or otherwise modifying GRANTEE’s indemnification obligations herein. C. Upon expiration, cancellation or termination of this Agreement: (1) At the discretion of COUNTY and as specified in writing by the Contract Administrator, GRANTEE shall deliver to the Contract Administrator all County Data so specified by COUNTY. (2) COUNTY shall have full ownership and control of all such County Data. If COUNTY permits GRANTEE to retain copies of the County Data, GRANTEE shall not, without the prior written consent of COUNTY or unless required by law, use any of the County Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such County Data. (3) Except to the extent required by law or as agreed to by COUNTY, GRANTEE shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, Grant Form 101 (Revised 12/2019) 5 GRANTEE shall, upon COUNTY’s request, certify destruction of any County Data so specified by COUNTY. 10. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. GRANTEE shall not assign, transfer or pledge this Agreement whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by GRANTEE, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. C. GRANTEE shall not subcontract this Agreement whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of any specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. GRANTEE shall make contracts between GRANTEE and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by COUNTY to a contract between GRANTEE and a subcontractor, or a waiver or release by COUNTY of GRANTEE’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between GRANTEE and subcontractors; (2) COUNTY’s review, extent of review or lack of review of any such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. Grant Form 101 (Revised 12/2019) 6 D. As required by Minnesota Statutes section 471.425, subd. 4a, GRANTEE shall pay any subcontractor within ten (10) days of GRANTEE’s receipt of payment from COUNTY for undisputed services provided by the subcontractor, and GRANTEE shall comply with all other provisions of that statute. 12. MERGER, MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. GRANTEE and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13. DEFAULT AND CANCELLATION/TERMINATION A. If GRANTEE fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless GRANTEE’s default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until GRANTEE’s compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to GRANTEE. B. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, COUNTY may withhold Grant Form 101 (Revised 12/2019) 7 any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due COUNTY from GRANTEE is determined. Following notice from COUNTY of the claimed breach and damage, GRANTEE and COUNTY shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. D. COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. This Agreement may be canceled/terminated with or without cause by COUNTY upon thirty (30) days’ written notice. F. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, GRANTEE shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then-delivered and accepted deliverables/milestones pursuant to this Agreement. In the event GRANTEE has performed work toward a deliverable that COUNTY has not accepted at the time of expiration, cancellation or termination, GRANTEE shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. G. GRANTEE has an affirmative obligation, upon written notice by COUNTY that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: SERVICES TO BE PROVIDED GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. Grant Form 101 (Revised 12/2019) 8 15. GRANT ADMINISTRATION In order to coordinate the services of GRANTEE with the activities of the Hennepin County Department of Environment and Energy so as to accomplish the purposes of this Agreement, Jennifer Kullgren, Environmentalist, who can be contacted at (612) 596-1175 at Jen.Kullgren@Hennepin.us or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and GRANTEE. Lauren Stufft, who can be contacted at 952-949-8463 and lstufft@edenprairie.org, shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email/fax number (if available) of such substitute person and of any other subsequent substitute person. 16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, funding sources, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. 17. RECYCLING COUNTY encourages GRANTEE to establish a recycling program for at least three materials, such as newsprint, office paper, glass, plastic, and metal. 18. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE’s Form W-9 provided to COUNTY. 19. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to GRANTEE, GRANTEE shall immediately Grant Form 101 (Revised 12/2019) 9 notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict may, in COUNTY’s discretion, be cause for cancellation or termination of this Agreement. 20. MEDIA OUTREACH GRANTEE shall notify COUNTY, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through the Public Relations Officer or his/her designee(s), prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, GRANTEE (i) that reference or otherwise use the term “Hennepin County,” or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the Grant Requirements performed hereunder or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 21. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. 22. HENNEPIN COUNTY PERSONAL PROPERTY TAX AND PROPERTY TAX GRANTEE affirms that it and its officers have paid all Hennepin County personal property taxes and property taxes due on all of its Hennepin County properties for taxes owed on or before the date of the execution of this contract. If the County finds that property taxes have not been paid by GRANTEE, GRANTEE’s owner and GRANTEE’s board of directors (if any), County may refuse to disburse funds or require the return of all or part of the funds already disbursed. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK Grant Form 101 (Revised 12/2019) 10 COUNTY ADMINISTRATOR APPROVAL Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer3:signature}} {{userstamp3_es_:signer3:stamp}} Reviewed for COUNTY by: {{Sig_es_:signer4:signature}} {{userstamp4_es_:signer4:stamp}} Document Assembled by: {{Sig_es_:signer1:signature}} {{userstamp1_es_:signer1:stamp}} {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer5:signature}} {{userstamp5_es_:signer5:stamp}} Grant Form 101 (Revised 12/2019) 11 GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* By: {{Sig_es_:signer2:signature}} {{userstamp2_es_:signer2:stamp}} {{ ttl_es_:signer2:title}} *GRANTEE represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: October 6, 2020 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 277063 - 277409 Wire Transfers 1026119 - 1026272 Wire Transfers 7840 - 7869 Purchasing Card 7865 City of Eden Prairie Council Check Summary 10/6/2020 Division Amount Division Amount 000 General 66,113 308 E-911 81 100 City Manager 31,729 315 Economic Development 43,565 101 Legislative 33,407 502 Park Development 14,265 102 Legal Counsel 38,112 509 CIP Fund 168,381 110 City Clerk 1,123 513 CIP Pavement Management 91,988 111 Customer Service 8,089 522 Improvement Projects 2006 3,164 112 Human Resources 264 528 Shady Oak Rd-CR 61 North 22,088 113 Communications 10,345 532 EP Road Connect Flying Cloud 2,113 114 Benefits & Training 1,646 536 General LRT 7,850 131 Finance 765 539 2020 Improvement Projects 4,002 132 Housing and Community Services 425 804 100 Year History 65 133 Planning 972 Total Capital Projects Fund 357,562 136 Public Safety Communications 1,395 138 Community Development Admin.249 601 Prairie Village Liquor 179,541 150 Park Administration 2,100 602 Den Road Liquor 295,157 151 Park Maintenance 33,515 603 Prairie View Liquor 178,307 153 Organized Athletics 10 605 Den Road Building 1,503 154 Community Center 23,420 701 Water Enterprise Fund 1,273,122 155 Beaches 228 702 Wastewater Enterprise Fund 373,622 156 Youth Programs 136 703 Stormwater Enterprise Fund 36,431 157 Special Events 591 Total Enterprise Fund 2,337,681 158 Senior Center 669 159 Recreation Administration 529 802 494 Commuter Services 23,335 160 Therapeutic Recreation 728 806 SAC Agency Fund 44,730 162 Arts 2,678 807 Benefits Fund 527,617 163 Outdoor Center 726 812 Fleet Internal Service 173,833 164 Park Rental Facilities 187 813 IT Internal Service 110,183 168 Arts Center 891 815 Facilites Operating ISF 73,140 180 Police Sworn 66,581 816 Facilites City Center ISF 35,584 184 Fire 47,288 817 Facilites Comm. Center ISF 83,896 186 Inspections 331 Total Internal Svc/Agency Funds Report Totals1,072,318 201 Street Maintenance 232,290202Street Lighting 673 Report Total 4,433,074 Total General Fund 608,204 301 CDBG 55,093 303 Cemetary Operation 2,215 Total Special Revenue Fund 57,308 City of Eden Prairie Council Check Register by GL 10/6/2020 Check #Amount Supplier / Explanation Account Description Business Unit Comments 1026152 984,847 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground Storage Resv/Pump Station 277354 350,217 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee October 2020 7859 253,121 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 09.11.20 277074 183,597 ALLIED BLACKTOP CO Seal Coating Street Maintenance Project Sealcoat 20207857182,986 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 08.28.20 277149 140,012 STANDARD SIDEWALK INC.Other Contracted Services CIP Pavement Management 2020 ADA Pedestrian Ramp Project 7862 137,569 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Aug 2020 277116 117,274 I-STATE TRUCK CENTER Autos Fleet - Public Works New Plow Truck Cab and Chassis 1026199 96,779 ODESA II LLC Other Contracted Services Capital Maint. & Reinvestment27734489,005 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1026272 82,081 XCEL ENERGY Electric Senior Center 1026252 75,574 LOGIS Network Support General Fixed Asset Account Gr 277086 65,000 C J R DESIGN Other Contracted Services General Fixed Asset Account Gr 7865 61,238 USB-PURCHASING CARD Postage Ice Operations102626552,686 SRF CONSULTING GROUP INC Design & Engineering EP Rd Connect to Flying Cloud 277129 44,283 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1026245 43,846 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud 277382 39,069 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 1026150 38,797 PARROTT CONTRACTING INC Equipment Repair & Maint Water Distribution27712132,989 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions City Council 7861 27,266 EMPOWER Deferred Compensation Health and Benefits 1026206 25,637 XCEL ENERGY Electric Traffic Signals 277216 25,323 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 277206 24,587 GRAYMONT Treatment Chemicals Water Treatment102620123,066 STREICHERS Clothing & Uniforms Police Sworn 277097 23,005 DEPARTMENT OF CORRECTIONS Other Contracted Services Utility Operations - General 7860 20,109 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 277108 19,636 GRAYMONT Treatment Chemicals Water Treatment 277119 19,617 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store102613619,060 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 1026239 19,015 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility 277387 18,179 SIR LINES-A-LOT Contracted Striping Traffic Signs 7843 17,121 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store 277342 16,890 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store27716316,662 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1026268 16,573 STREICHERS Operating Supplies Police Sworn 277185 15,893 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 277118 15,840 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 277376 15,419 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 277400 15,262 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 277395 15,065 TYLER TECHNOLOGIES INC Office Supplies IT Operating 277353 14,710 METERING & TECHNOLOGY SOLUTIONS Repair & Maint. Supplies Water Metering 277332 14,676 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store 7844 14,276 FURTHER - AKA SELECT HSA - Employer Health and Benefits 277155 14,265 TREE TRUST Landscape Materials/Supp Tree Replacement Fund 277346 14,000 LANDMARK REMODELING LLC Other Contracted Services Rehab 277325 12,849 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet - Police 7867 12,803 FURTHER - AKA SELECT HSA - Employee Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 277247 12,740 SOUTHSIDE HEATING AND AIR CONDITIONING Other Contracted Services Rehab 277201 12,560 F I R E Training Fire 277087 11,971 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 277282 11,388 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 277215 11,013 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 277352 10,895 MED ONE CAPITAL FUNDING LLC EMS Supplies-AED Fire 277070 10,799 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 277124 10,479 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating784710,383 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 277404 10,000 WHEELER LAW OFFICE Other Contracted Services CDBG - Public Service 277403 9,782 WATERFRONT RESTORATION LLC OCS - Monitoring Stormwater Non-Capital 277330 9,751 GRAYMONT Treatment Chemicals Water Treatment 277068 9,738 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store2772719,681 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1026237 9,565 CENTERPOINT ENERGY Gas General Community Center 277292 9,174 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 277302 9,056 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 277405 9,025 WHEN I WORK INC Other Contracted Services Community Center Admin2772908,982 BROTHERS FIRE PROTECTION Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 277406 8,816 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 277200 8,775 DUNSMORE ASPHALT INC Asphalt Overlay Water Distribution 277111 8,292 HERO PLUMBING, HEATING, & COOLING Other Contracted Services Rehab 277272 8,101 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store2773808,070 RAY N WELTER HEATING Accounts Receivable TIF-Eden Shores Senior Housing 277270 7,963 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 277071 7,485 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 277294 7,469 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 277166 7,459 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store2773367,443 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 277237 7,378 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 277165 7,246 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 277160 7,037 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1026200 6,900 PEARSON BROTHERS INC Seal Coating CIP Pavement Management2774016,874 VERIZON WIRELESS Operating Supplies IT Operating 277138 6,806 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 277374 6,756 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1026232 6,656 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund 1026236 6,356 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store2772146,098 INTERNATIONAL TOWER LIGHTING LLC Capital Under $25,000 Capital Maint. & Reinvestment 7842 5,821 CARD CONNECT Bank and Service Charges Community Center Admin 7848 5,816 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 277385 5,650 SAFETY SIGNS Improvement Contracts General LRT 277065 5,447 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1026138 5,404 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 277142 5,221 PROP Other Contracted Services CDBG - Public Service 1026160 5,147 XCEL ENERGY Electric Senior Center 1026211 5,076 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 277268 5,039 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 277073 4,941 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 277067 4,912 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1026216 4,870 FLEETPRIDE INC Equipment Parts Fleet Operating 277225 4,799 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 277094 4,734 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 1026217 4,685 GREENSIDE INC Contract Svcs - Lawn Maint.Fire Station #1 277141 4,637 POSTMASTER Postage Communications 277164 4,563 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 277269 4,510 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1026247 4,426 HAWKINS INC Treatment Chemicals Water Treatment 277168 4,168 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 7840 4,150 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits2772614,134 VERIZON WIRELESS Other Contracted Services IT Operating 7856 4,109 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 277371 4,061 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1026248 4,053 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 277148 4,037 SPECTRUM SIGN SYSTEMS Reimburse-legal notices General Fund2772634,009 WM CORPORATE SERVICES INC Waste Disposal City Center - CAM 277383 4,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 277274 3,990 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 277077 3,973 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 277162 3,964 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store10261393,921 EPA AUDIO VISUAL INC Hardware Maintenance IT Capital 277257 3,890 TWINSOURCE SUPPLY Supplies - General Bldg Facilities Operating ISF 1026179 3,875 VAN PAPER COMPANY Cleaning Supplies Facilities Operating ISF 277248 3,860 SPACK CONSULTING Deposits General Fund 277112 3,832 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store2772393,670 RAINBOW TREECARE Other Contracted Services Tree Removal 277222 3,665 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 277176 3,662 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Park Maintenance 277211 3,589 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 277260 3,576 VEIT & CO Deposits Water Enterprise Fund2772803,545 ANCOM COMMUNICATIONS INC Capital Under $25,000 Capital Maint. & Reinvestment 277128 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 277179 3,495 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 277093 3,419 COMMERCIAL ASPHALT CO Asphalt Overlay Water Distribution 277069 3,413 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store2771153,370 INNOVATIVE GRAPHICS Operating Supplies Police Sworn 277177 3,350 AQUA ENGINEERING INC Contract Svcs - Lawn Maint.City Center - CAM 1026158 3,333 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 277267 3,276 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 277275 3,184 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store10262343,154 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #2 1026183 3,151 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1026128 3,123 VAN PAPER COMPANY Cleaning Supplies Den Road Liquor Store 277161 3,090 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 277167 3,067 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 277120 3,038 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 277140 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1026266 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 277355 2,970 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 277085 2,958 BRYAN ROCK PRODUCTS INC Gravel Wasterwater Collection 7852 2,934 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 277262 2,914 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 277088 2,904 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 1026144 2,844 HAWKINS INC Treatment Chemicals Water Treatment Check #Amount Supplier / Explanation Account Description Business Unit Comments 277318 2,770 DUNSMORE ASPHALT INC Equipment Repair & Maint Water Supply (Wells) 1026229 2,757 VAN PAPER COMPANY Cleaning Supplies Facilities Operating ISF 277264 2,735 ZOHO CORP Software Maintenance IT Operating 277393 2,682 TRANSPORT GRAPHICS Repair & Maint. Supplies Fire 277076 2,677 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Stormwater Non-Capital 1026259 2,618 PRAIRIE ELECTRIC COMPANY Supplies - Electrical Ice Arena Maintenance 277365 2,606 NAC Contract Svcs - Plumbing City Center - CAM 1026254 2,575 METRO SALES INCORPORATED*Other Rentals Customer Service78662,568 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1026180 2,562 VINOCOPIA Liquor Product Received Den Road Liquor Store 1026185 2,490 CDW GOVERNMENT INC.Computers IT Operating 277208 2,430 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 277338 2,420 HP INC Computers - Monitors IT Operating10262462,406 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital 277204 2,393 GEAR WASH LLC Protective Clothing Fire 1026154 2,381 STREICHERS Training Supplies Police Sworn 277202 2,363 FIRE SAFETY USA INC EMS Supplies Fleet Operating 7851 2,315 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits10262582,223 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 277083 2,220 BOLTON & MENK INC Design & Engineering Improvement Projects 2006 277235 2,205 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 277173 2,200 AMERICAN TEST CENTER INC Equipment Testing/Cert.Fire 277213 2,200 INTEGRA REALTY RESOURCES - MPLS/ST. PAUL Other Contracted Services General LRT10261202,149 BRAUN INTERTEC CORPORATION Design & Engineering Water Capital 1026255 2,148 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1026205 2,148 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1026130 2,114 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 277230 2,100 MRPA Conference/Training Parks Administration2770722,090 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1026122 2,085 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM 277066 2,054 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1026167 2,023 HACH COMPANY Process Control Services Water Treatment 277158 2,022 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store2772762,018 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance 277402 2,010 VUCINIC ZORICA Other Contracted Services Rehab 1026257 1,984 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Maintenance Facility 277341 1,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 1026230 1,958 VINOCOPIA Liquor Product Received Prairie View Liquor Store2773281,954 GEAR WASH LLC Equipment Testing/Cert.Fire 1026141 1,952 FILTRATION SYSTEMS Supplies - HVAC Facilities Operating ISF 277183 1,951 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 277078 1,935 ARVIG Fiber Lease Payments IT Operating 1026233 1,928 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 1026129 1,916 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 277136 1,850 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 277187 1,782 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 277273 1,780 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 277236 1,764 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 1026218 1,741 HACH COMPANY Process Control Services Water Treatment 1026159 1,734 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 1026151 1,706 REINDERS INC Landscape Materials/Supp Park Maintenance 1026203 1,695 WALL TRENDS INC Contract Svcs - General Bldg Police (City Cost) Check #Amount Supplier / Explanation Account Description Business Unit Comments 277171 1,694 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1026131 1,653 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #2 277109 1,633 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1026132 1,581 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 277373 1,533 PERA Wages and Benefits 494 Corridor Commission 277329 1,527 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General 1026271 1,520 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 277279 1,500 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Stormwater Collection10261861,475 CENTERPOINT ENERGY Gas Senior Center 1026238 1,426 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM 277209 1,400 ICMA Dues & Subscriptions Administration 1026219 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost) 1026231 1,333 WENCK ASSOCIATES INC Design & Engineering Stormwater Capital2773771,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 277350 1,271 MARSARS WATER RESCUE SYSTEMS INC Operating Supplies Fire 277351 1,250 MARTIN-MCALLISTER Other Contracted Services Organizational Services 277296 1,242 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 277180 1,233 ASPEN MILLS Clothing & Uniforms Police Sworn2772781,228 ALTERNATIVE BUSINESS FURNITURE INC Capital Under $25,000 Utility Operations - General 277345 1,227 KREMER SERVICES LLC Equipment Parts Fleet Operating 277091 1,225 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1026222 1,211 PROFORMA Operating Supplies Customer Service 277184 1,165 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Maintenance Facility2773311,161 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 277107 1,152 WINEBOW Liquor Product Received Prairie Village Liquor Store 7869 1,148 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 277203 1,140 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 277221 1,137 LIGHTING PLASTICS OF MN Supplies - Fire/Life/Safety Facilities Operating ISF2773481,105 LUBE-TECH & PARTNERS LLC Equipment Repair & Maint Fleet Operating 277363 1,099 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 277125 1,083 MARCO INC Hardware - R&M IT Operating 277151 1,081 STAPLES ADVANTAGE Office Supplies Utility Operations - General 277143 1,077 PROP Other Contracted Services CDBG - Public Service10262261,070 SWANK MOTION PICTURES INC Licenses, Taxes, Fees Staring Lake Concert 277317 1,050 DRAG N FLY WIRELESS INC Other Contracted Services Park Maintenance 1026249 1,032 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment 277199 1,028 DOMACE VINO Liquor Product Received Den Road Liquor Store 277194 1,025 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Stormwater Collection2771561,018 WATER CONSERVATION SERVICES INC Equipment Repair & Maint Water Distribution 277181 999 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 277315 997 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1026184 984 BOYER TRUCKS Equipment Parts Fleet Operating 1026196 984 METROPOLITAN MECHANICAL CONTRACTORS Supplies - HVAC Fire Station #4 277288 975 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 277304 952 CONSTRUCTION MATERIALS INC Equipment Repair & Maint Street Maintenance 277277 942 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1026261 934 REINDERS INC Chemicals Park Maintenance 277399 927 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 277333 900 GYM WORKS Health & Fitness Fire 277407 874 WINEBOW Liquor Product Received Prairie Village Liquor Store 277370 871 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters 277334 853 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications Check #Amount Supplier / Explanation Account Description Business Unit Comments 277320 850 EDEN PRAIRIE CHAMBER OF COMMERCE Advertising Communications 1026134 830 CDW GOVERNMENT INC.Computers IT Operating 277134 830 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 277287 820 BERGMAN LEDGE LLC Liquor Product Received Prairie View Liquor Store 277190 805 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1026195 789 METRO SALES INCORPORATED*Equipment Rentals Senior Center Admin 277233 780 OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery 277388 768 SMSC ENTERPRISES Landscape Materials/Supp Park Maintenance277372767PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 277153 765 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 1026162 760 CONCRETE CUTTING AND CORING Equipment Repair & Maint Wasterwater Collection 277314 750 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 1026188 744 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station1026190735GRAINGEREquipment Parts Police (City Cost) 7864 730 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 277343 716 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 277289 702 BOB BARKER COMPANY Operating Supplies Police Sworn 277381 700 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store277082693BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 1026147 691 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 277169 690 PETTY CASH Operating Supplies Facilities Staff 277232 675 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 1026169 674 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM1026148658NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 277349 657 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 277256 650 TRICIA AND THE TOONIES Other Contracted Services Staring Lake Concert 277309 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 277182 631 BOUND TREE MEDICAL LLC EMS Supplies Fire277305617CORE & MAIN Repair & Maint. Supplies Stormwater Collection 277205 606 WINEBOW Liquor Product Received Den Road Liquor Store 7858 603 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 277080 600 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 277154 600 THE ADVENT GROUP Temp 494 Corridor Commission277258600UPSTREAM ARTS INC Other Contracted Services New Adaptive 277242 596 SAFETY VEHICLE SOLUTIONS Autos Emergency Management 277127 588 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 277369 573 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 277207 573 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store277113572INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 1026127 566 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance 1026253 564 MENARDS Repair & Maint. Supplies Homeward Hills Park 277114 554 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 277378 550 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 1026202 550 VISTAR CORPORATION Merchandise for Resale Concessions 277252 550 THE ADVENT GROUP Temp 494 Corridor Commission 1026227 543 THE OASIS GROUP Employee Assistance Organizational Services 1026143 530 GRAINGER Repair & Maint. Supplies Water Treatment 277285 525 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 277389 523 STAPLES ADVANTAGE Office Supplies Customer Service 277392 510 THE ADVENT GROUP Temp 494 Corridor Commission 277122 501 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 277064 500 CARVER COUNTY SHERIFF'S DEPT.Deposits General Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 277246 500 SOMALI MUSEUM OF MINNESOTA Other Contracted Services Staring Lake Concert 1026163 488 CUSTOM HOSE TECH Equipment Parts Fleet Operating 277316 488 DOMACE VINO Liquor Product Received Prairie View Liquor Store 7845 480 PFM ASSET MANAGEMENT LLC Bank and Service Charges Wastewater Accounting 277144 468 SAFETY SIGNS Other Contracted Services Improvement Projects 2006 277224 467 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 277130 467 MINNEAPOLIS REGIONAL CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission 277217 460 JOHNSON CONTROLS Supplies - HVAC Ice Arena Maintenance1026198456NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1026235 450 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 1026175 449 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 277101 438 DOUBLE T CONSTRUCTION Other Contracted Services Capital Maint. & Reinvestment 277234 438 PAPCO INC Janitor Service General Community Center277132434MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 277220 434 LIFELINE INC Equipment Repair & Maint Police Sworn 277281 430 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police Sworn 277189 427 CINTAS CORPORATION Safety Supplies Community Center Admin 1026124 425 MINNESOTA CLAY CO. USA Operating Supplies Arts Center277089422CENTURYLINKInternetWastewater Lift Station 1026224 419 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 277310 408 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Maintenance 1026215 396 FASTENAL COMPANY Equipment Parts Fleet Operating 1026250 391 JEFFERSON FIRE & SAFETY INC Equipment Repair & Maint Fire277390390STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 277408 390 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 277293 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service 7849 386 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 277306 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission1026119376AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 277110 375 HENNEPIN COUNTY Other Contracted Services CDBG - Public Service 1026126 368 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 277357 360 MINNESOTA DEPT OF LABOR AND INDUSTRY Building Repair & Maint.City Center - CAM 1026153 356 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating277096353DEHOOG BERNIE Deposits General Fund 277228 347 MN DEPT OF TRANSPORTATION Testing EP Rd Connect to Flying Cloud 277212 346 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 277099 344 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1026182 344 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General1026165339FASTENAL COMPANY Equipment Parts Fleet Operating 277339 338 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 277152 336 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 277366 336 NARTEC INC Office Supplies Police Sworn 277347 334 LIGHTING PLASTICS OF MN Supplies - General Bldg Facilities Operating ISF 1026209 331 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 277295 329 CENTURYLINK Telephone IT Operating 277308 328 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers 1026241 327 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 277137 324 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 277145 321 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 277312 320 DELTA DENTAL Wages and Benefits 494 Corridor Commission 1026244 320 GRAINGER Supplies - HVAC General Community Center 277079 312 ASPEN MILLS Clothing & Uniforms Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 277313 304 DELUXE Bank and Service Charges Den Road Liquor Store 277254 300 THE RISING WORKPLACE Contract Svcs - General Bldg City Hall (City Cost) 277255 300 TOTAL ALIGNMENT SERVICES Equipment Repair & Maint Fleet Operating 277303 300 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 277398 300 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 277178 298 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 277106 298 GERTENS Landscape Materials/Supp Park Maintenance 1026193 297 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Operating1026204285WATSON CO INC, THE Merchandise for Resale Concessions 277218 282 LAKELAND ENGINEERING EQUIP CO Repair & Maint. Supplies Round Lake 1026133 282 BOYER TRUCKS Equipment Parts Fleet Operating 1026168 279 JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM 1026262 278 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating277311277DAYROBB BATTERIES PLUS Operating Supplies Senior Center 1026197 270 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 277238 265 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1026146 260 MENARDS Operating Supplies Park Maintenance 1026194 259 MENARDS Operating Supplies Riley Lake277196252DAYROBB BATTERIES PLUS Repair & Maint. Supplies Fire 277063 250 CARVER COUNTY SHERIFF'S DEPT.Deposits General Fund 277103 250 EDEN PRAIRIE FOUNDATION Other Contracted Services PeopleFest 277386 250 SENIORS HELPING SENIORS P&R Refunds Community Center Admin 277075 249 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store277251249STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1026161 249 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store 277090 248 CINTAS CORPORATION Safety Supplies Den Road Liquor Store 277394 245 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 1026210 244 BERRY COFFEE COMPANY Merchandise for Resale Concessions1026149240NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 277098 239 DIRECTV Cable TV Community Center Admin 7868 235 US BANK - PAYMODE Bank and Service Charges Finance 1026174 225 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 277361 224 MINNETONKA PUBLIC SCHOOLS DISTRICT SERV P&R Refunds Community Center Admin1026214217DUNGAN, TRACY Mileage & Parking Concessions 1026125 217 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 277188 216 CENTURYLINK Telephone IT Operating 7846 214 OPTUM HEALTH Other Contracted Services Health and Benefits 1026243 213 GRAFIX SHOPPE Equipment Parts Fleet Operating1026260212PREMIUM WATERS INC Operating Supplies - Water Fire 1026207 210 SPRINT Cell Phones 494 Corridor Commission 277335 208 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 277193 207 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 1026166 204 GOODIN COMPANY Supplies - HVAC City Center - CAM 277172 202 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 1026223 202 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 277245 200 SNOTI Other Contracted Services PeopleFest 277266 200 CARVER COUNTY SHERIFF'S DEPT.Deposits General Fund 1026140 197 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 277379 196 PROP - PR Charitable Contributions Health and Benefits 1026256 192 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 277104 191 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 277340 190 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 277298 190 COMCAST Internet IT Operating 277117 186 J H LARSON COMPANY Supplies - Electrical Den Road Liquor Store 1026123 185 HACH COMPANY Laboratory Chemicals Water Treatment 277219 184 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 277123 182 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 277396 177 UDOR USA Operating Supplies Park Maintenance 277319 176 EARL F ANDERSEN INC Signs Traffic Signs 1026251 176 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn7855172VANCO SERVICES Bank and Service Charges Wastewater Accounting 277170 170 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1026213 169 DAILEY DATA & ASSOCIATES Conference/Training Den Road Liquor Store 1026267 165 STERICYCLE INC Other Contracted Services Police Sworn 277241 163 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store277327161FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 277150 160 STANLEY LETICIA Operating Supplies Volunteers 277286 160 BERG NICK Clothing & Uniforms Volunteers 277249 159 STANLEY JONATHAN Mileage & Parking Housing and Community Service 277210 157 IDEA CREEK LLC,THE Operating Supplies-Award/Retir Fire277307157CSI FORENSIC SUPPLY Office Supplies Police Sworn 277197 152 DELUXE Bank and Service Charges Prairie View Liquor Store 277223 150 LUCK LISA Other Contracted Services Arts in the Park 277362 150 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating 1026173 150 MPX GROUP, THE Printing Police Sworn1026270150USA SECURITY Maintenance Contracts Water Treatment 1026121 148 FLEETPRIDE INC Equipment Parts Fleet Operating 277100 147 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 277105 136 FIRE SAFETY USA INC Equipment Parts Fleet Operating 1026208 135 ADAMS PEST CONTROL INC Maintenance Contracts Water Treatment1026157134WATSON CO INC, THE Merchandise for Resale Concessions 277135 132 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 277375 132 PILGRIM DRY CLEANERS INC Operating Supplies Fire 277229 131 MOTOROLA SOLUTIONS INC Repair & Maint. Supplies Public Safety Communications 277231 127 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration1026221126OLSON, ROBERT Other Contracted Services Police Sworn 277359 126 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 277337 124 HOMESTEAD PARTNERS Deposits Stormwater Non-Capital 277301 123 COMCAST Cable TV Fire 277157 121 WIDEMAN CORINNA Mileage & Parking Park Facilities277284119AWWA - MINNESOTA SECTION Conference/Training Utility Operations - General 277195 116 CRAWFORD MICHAEL Tuition Reimbursement/School Fitness Classes 277265 115 COMCAST Phone/Data/Web 494 Corridor Commission 277368 114 OMNI BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 277126 112 MATTSON RICHARD AR Utility Water Enterprise Fund 1026220 111 METROPOLITAN FORD Equipment Parts Fleet Operating 277243 108 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 277244 105 SNAP-ON TOOLS Small Tools Fleet Operating 277259 105 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1026137 104 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 277191 103 COMCAST Cable TV Fire 1026212 102 CUSTOM HOSE TECH Equipment Parts Fleet Operating 277226 101 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 277159 100 DAKOTA COUNTY SHERIFFS DEPT Deposits General Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 1026155 99 TWIN CITY SEED CO Landscape Materials/Supp Round Lake 1026145 98 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 277146 94 SHRED RIGHT Waste Disposal City Hall (City Cost) 277384 89 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 1026242 87 GINA MARIAS INC Operating Supplies Volunteers 1026264 84 SPS COMPANIES Repair & Maint. Supplies Miller Park 277283 83 ASPEN MILLS Clothing & Uniforms Fire 1026225 83 STOVRING, LESLIE Mileage & Parking Stormwater Non-Capital27719281COMCASTEquipment Repair & Maint E-911 Program 277358 79 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 277253 79 THE ESTATE OF JOAN COLEMAN AR Utility Water Enterprise Fund 277326 78 FADELL MADDY Mileage & Parking Youth Programs Admin 277102 75 EARL F ANDERSEN INC Signs Traffic Signs27713375MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 277324 75 EDEN PRAIRIE ROTARY CLUB Dues & Subscriptions Administration 1026135 75 CITI-CARGO & STORAGE CO, INC Other Rentals Winter Theatre 1026181 75 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #2 277240 72 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store27739772UNITED WAY Charitable Contributions Health and Benefits 277131 72 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 1026240 68 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 277300 67 COMCAST Cable TV Fire 7854 63 PAYCHEX Payroll Admin. Fees 494 Corridor Commission102617862TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 7853 61 MONEY MOVERS INC Other Contracted Services Community Center Admin 277321 59 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 277291 57 CANTLEBERRY BECKY Operating Supplies Arts Center 7850 56 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture102616454EICHMAN NATHAN Canine Supplies Police Sworn 277139 53 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 277092 53 COMCAST Cable TV Fire 277299 53 COMCAST Internet IT Operating 1026191 49 GRAYBAR Supplies - HVAC Maintenance Facility27714748SIGNSOURCEProtective Clothing Fire 277367 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 277084 46 BRASS FOUNDERY Liquor Product Received Prairie Village Liquor Store 1026263 42 SPRINT Cell/Pager Plans IT Operating 1026192 40 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake102618736ECM PUBLISHERS INC Legal Notices Publishing City Clerk 277360 36 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance 277356 32 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 277322 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 277323 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1026269 30 UPS Postage Planning 277391 28 STERLING FENCE INC Repair & Maint. Supplies Park Maintenance 1026177 28 SVOBODA, ANTHONY Operating Supplies Fire 7863 25 MINNESOTA DEPT OF REVENUE Licenses, Taxes, Fees Fleet Operating 277364 24 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn 1026228 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 277198 20 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 277175 20 APMP Conference/Training Administration 1026176 19 SPOK, INC.Cell/Pager Plans IT Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 7841 19 SQUARE Bank and Service Charges Den Road Liquor Store 1026189 18 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 1026142 17 FORCE AMERICA Equipment Parts Fleet Operating 1026170 14 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 277174 13 ANDERSON, CHARLES Mileage & Parking Facilities Staff 277186 12 CEF EP COMMUNITY SOLAR LLC Electric General Community Center 277081 11 BERG PATRICIA P&R Refunds Community Center Admin 1026171 11 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission27709510CULLIGANCorridor Comm. Misc 494 Corridor Commission 277227 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 277409 10 MINNESOTA DEPT OF AGRICULTURE Licenses, Taxes, Fees Park Maintenance 277250 9 STAPLES ADVANTAGE Office Supplies Utility Operations - General 1026172 9 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission10261565UPSPostagePlanning 277297 2 COMCAST Other Contracted Services Police Sworn4,433,074 Grand Total City of Eden Prairie Purchasing Card Payment Report 10/6/2020 Amount Account Description Business Unit 7,897 Other Revenue General Fund 4,798 Cleaning Supplies Facilities Operating ISF 4,370 Other Contracted Services Park Maintenance 3,674 Cleaning Supplies Facilities Operating ISF 2,826 Software/Hardware Maint.IT Operating 1,950 Office Supplies Police Sworn 1,754 Capital Under $25,000 Ice Operations 1,570 Equipment Repair & Maint Water Supply (Wells) 1,495 Software/Hardware Maint.IT Operating 1,170 EMS Supplies Fire 1,140 Software/Hardware Maint.IT Operating 1,107 Miscellaneous Police Sworn 1,100 Dues & Subscriptions Fire 935 Repair & Maint. Supplies Fire 844 Miscellaneous Prairie View Liquor Store 750 Tuition Reimbursement/School Police Sworn 700 Tuition Reimbursement/School Police Sworn 680 Conference/Training Utility Operations - General 677 Operating Supplies Elections 675 Tuition Reimbursement/School Police Sworn 555 Training Supplies Police Sworn 540 Equipment Repair & Maint Fleet Operating 499 Dues & Subscriptions Internal Events 498 Operating Supplies IT Operating 490 Office Supplies Fire 434 Repair & Maint. Supplies Wasterwater Collection 431 Operating Supplies Tree Disease 430 Cleaning Supplies Facilities Operating ISF 412 Licenses, Taxes, Fees Fitness Classes 409 Advertising Recreation Admin 405 Office Supplies Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 366 Process Control Services Water Treatment 365 Repair & Maint. Supplies Fire 350 Tuition Reimbursement/School Police Sworn 349 Dues & Subscriptions Communications 345 Training Supplies Police Sworn 345 Training Supplies Police Sworn 341 Dues & Subscriptions Planning 333 Training Supplies Police Sworn 328 Training Supplies Police Sworn 327 Repair & Maint. Supplies Fitness/Conference - Cmty Ctr 323 Repair & Maint. Supplies Stormwater Collection 310 Dues & Subscriptions Communications 307 EMS Supplies Fire 306 Repair & Maint. Supplies Fire Station #1 304 Clothing & Uniforms Pool Lessons 302 Conference/Training Fitness Admin. 301 Operating Supplies Police Sworn 300 Training Supplies Police Sworn 293 Clothing & Uniforms Pool Operations 265 Training Supplies Police Sworn 258 Dues & Subscriptions Human Resources 249 Tuition Reimbursement/School Police Sworn Amount Account Description Business Unit 242 Repair & Maint. Supplies Utility Operations - General 242 Repair & Maint. Supplies Utility Operations - General 228 Conference/Training Pool Operations 222 Conference/Training Pool Lessons 213 Miscellaneous City Council 200 Dues & Subscriptions Community Development Admin. 200 Conference/Training Police Sworn 199 Dues & Subscriptions Communications 199 Tuition Reimbursement/School Police Sworn 194 Operating Supplies Community Center Admin 193 Miscellaneous City Council 191 Postage Utility Operations - General 183 Operating Supplies Stormwater Non-Capital 175 Dues & Subscriptions Tree Disease 170 Conference/Training Finance 168 Protective Clothing Fire 166 Operating Supplies Emergency Management 164 Operating Supplies Ice Operations 160 Operating Supplies IT Operating 157 Operating Supplies Elections 156 Operating Supplies Fire 145 Licenses, Taxes, Fees Park Maintenance 145 Tuition Reimbursement/School Park Maintenance 135 Conference/Training Finance 133 Process Control Equipment IT Operating 128 Operating Supplies New Adaptive 127 Training Supplies Police Sworn 126 Training Supplies Police Sworn 124 Repair & Maint. Supplies Utility Operations - General 120 Dues & Subscriptions Housing and Community Service 120 Operating Supplies Fleet Operating 114 Conference/Training Round Lake Beach 114 Conference/Training Round Lake Beach 110 Operating Supplies Park Maintenance 110 Repair & Maint. Supplies Wasterwater Collection 108 Equipment Repair & Maint Public Safety Communications 108 Capital Under $25,000 Senior Center Admin 108 Computers Recreation Admin 105 Licenses, Taxes, Fees Senior Center Admin 105 Repair & Maint. Supplies Ice Arena Maintenance 103 Operating Supplies Volunteers 102 Operating Supplies Arts Center 100 Licenses, Taxes, Fees Fitness Classes 100 Dues & Subscriptions Fire 100 Dues & Subscriptions Planning 100 Computers Recreation Admin 99 Operating Supplies Pool Operations 99 Office Supplies Fire 99 Tuition Reimbursement/School Police Sworn 98 Operating Supplies Elections 96 Operating Supplies Outdoor Center 96 Miscellaneous Elections 95 Operating Supplies Planning 94 Process Control Equipment IT Operating 94 Operating Supplies Fire 89 Equipment Repair & Maint Fire 89 Tuition Reimbursement/School Fitness Classes 89 Tuition Reimbursement/School Fitness Classes 88 Cleaning Supplies Police (City Cost) Amount Account Description Business Unit 86 Computers Recreation Admin 86 Computers Recreation Admin 85 Conference/Training Finance 81 Repair & Maint. Supplies Stormwater Collection 80 Operating Supplies Arts Center 80 Operating Supplies Pool Operations 80 Tuition Reimbursement/School Police Sworn 80 Training Supplies Police Sworn 79 Operating Supplies Fire 79 Operating Supplies Fitness Classes 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 73 Miscellaneous Elections 72 Operating Supplies IT Operating 68 Dues & Subscriptions Ice Lessons 66 Cleaning Supplies Facilities Operating ISF 65 Deposits General Fund 64 Operating Supplies Arts Center 63 Conference/Training Pool Operations 62 Training Supplies Fitness Classes 62 Operating Supplies IT Operating 60 Operating Supplies Outdoor Center 59 Employee Award Organizational Services 59 Merchandise for Resale Concessions 56 Operating Supplies Fitness Classes 56 Operating Supplies Arts in the Park 55 Computers IT Operating 55 Operating Supplies Arts Center 55 Operating Supplies Lesson Skills Development 54 Merchandise for Resale Concessions 52 Tuition Reimbursement/School Fitness Classes 50 Dues & Subscriptions Fire 49 Equipment Parts Fleet Operating 49 Dues & Subscriptions Community Development Admin. 47 Accounts Receivable Community Center Admin 45 Operating Supplies Pool Operations 45 Operating Supplies Park Maintenance 43 Dues & Subscriptions Tree Disease 43 Training Fire 43 Operating Supplies Den Road Liquor Store 40 Operating Supplies IT Operating 40 Operating Supplies Park Maintenance 38 Operating Supplies Outdoor Center 38 Operating Supplies Outdoor Center 35 Office Supplies Police Sworn 34 EMS Supplies Fire 34 Operating Supplies Arts Center 32 Operating Supplies Special Events Admin 31 Repair & Maint. Supplies Fire 31 Operating Supplies Facilities Staff 31 Computers IT Capital 30 Operating Supplies Police Sworn 30 Operating Supplies IT Operating 30 Operating Supplies Arts Center 30 Operating Supplies Outdoor Center 29 Tuition Reimbursement/School Police Sworn 27 Operating Supplies Police Sworn 27 Landscape Materials/Supp Street Maintenance 26 Postage Utility Operations - General Amount Account Description Business Unit 26 Dues & Subscriptions Fire 25 Operating Supplies Outdoor Center 25 Operating Supplies Outdoor Center 23 Operating Supplies Outdoor Center 23 Operating Supplies Planning 23 Operating Supplies Arts Center 22 Operating Supplies Police Sworn 22 Operating Supplies Arts Center 21 Operating Supplies Outdoor Center 20 Conference/Training Planning 20 Training Supplies Fire 20 Software/Hardware Maint.IT Operating 20 Dues & Subscriptions Police Sworn 19 Operating Supplies Pool Operations 19 Clothing & Uniforms Utility Operations - General 19 Operating Supplies Fleet Operating 18 Operating Supplies Outdoor Center 17 Dues & Subscriptions Ice Lessons 16 Operating Supplies Outdoor Center 16 Repair & Maint. Supplies Fire 16 Merchandise for Resale Concessions 16 Safety Supplies Fitness Classes 16 Operating Supplies Pool Operations 16 Other Contracted Services Organizational Services 16 Dues & Subscriptions Housing and Community Service 14 Operating Supplies Outdoor Center 14 Operating Supplies Volunteers 14 Capital Under $25,000 Senior Center Admin 14 Postage Utility Operations - General 14 Operating Supplies Arts in the Park 14 Merchandise for Resale Concessions 14 Operating Supplies Arts in the Park 13 Repair & Maint. Supplies Fire 12 Postage Utility Operations - General 11 Miscellaneous City Council 11 Software IT Operating 11 Merchandise for Resale Concessions 10 Operating Supplies Fire 10 Miscellaneous Athletic Programs Admin 8 Operating Supplies Outdoor Center 7 Operating Supplies Police Sworn 4 Dues & Subscriptions Police Sworn 4 Operating Supplies Playgrounds 3 Bank and Service Charges Customer Service 2 Software IT Operating -8 Capital Under $25,000 Senior Center Admin -13 Repair & Maint. Supplies Fire -14 Operating Supplies Community Center Admin -30 Operating Supplies IT Operating -50 Training Supplies Police Sworn -66 Cleaning Supplies Facilities Operating ISF -85 Clothing & Uniforms Pool Lessons -98 Operating Supplies Elections -100 Conference/Training Fleet Operating -183 Operating Supplies Stormwater Non-Capital -355 Tuition Reimbursement/School Police Sworn -2,676 Other Revenue General Fund 61,238 Report Total CITY COUNCIL AGENDA SECTION: Report of the City Manager DATE: October 6, 2020 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Sue Kotchevar ITEM DESCRIPTION: Resolution Relating to 7,400,000 General Obligation Refunding Bonds, Series 2020A; Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, and Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment Thereof ITEM NO.: XIV.B.1. Requested Action Move to: Adopt a resolution relating to $7,400,000 General Obligation Refunding Bonds, Series 2020A; Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, and Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment Thereof Synopsis The 2020A bonds are being issued to refund the following bonds: • The December 1, 2021, through December 1, 2025, maturities (the “Series 2010A Refunded Bonds”) of the City’s $1,190,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2010A (the “Series 2010A Bonds”), dated as of December 1, 2010, the proceeds of which financed various public improvement projects within the City pursuant to Minnesota Statutes, Chapters 429 and 475; • The December 1, 2021, through December 1, 2025, maturities (the “Series 2011D Refunded Bonds”) of the City’s $1,805,000 General Obligation Permanent Improvement Revolving Fund Crossover Refunding Bonds, Series 2011D (the “Series 2011D”), dated as of December 1, 2011, the proceeds of which refinanced the City’s General Obligation Permanent Improvement Revolving Fund Bonds, Series 2005B; • The January 1, 2022, through January 1, 2026, maturities (the “Series 2012A Refunded Bonds”) of the City’s $5,110,000 General Obligation Crossover Refunding Bonds, Series 2012A (the “Series 2012A Bonds”), dated as of March 1, 2012, the proceeds of which refinanced the City’s General Obligation Bonds, Series 2005C; and • The January 1, 2022, through January 1, 2027, maturities (the “Series 2012B Refunded Bonds”) of the City’s $3,170,000 General Obligation Capital Improvement Plan Crossover Refunding Bonds, Series 2012B (the “Series 2009A Bonds”), dated as of March 1, 2012, the proceeds of which refinanced the City’s General Obligation Capital Improvement Plan Bonds, Series 2006B. We expect to save approximately $315,000 from the refinancing. Attachment Resolution 4820-5790-6122\8 CERTIFICATION OF MINUTES RELATING TO $7,417,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020A Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on October 6, 2020, at 7:00 o’clock P.M., at the City Offices, Eden Prairie, Minnesota. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. RESOLUTION RELATING TO $7,417,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this ______ day of October, 2020. (SEAL) City Clerk 4820-5790-6122\8 Councilmember _________________ introduced the following resolution (the “Resolution”) and moved its adoption, which motion was seconded by Councilmember _________________: RESOLUTION NO. _________ RESOLUTION RELATING TO $7,417,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council (the “Council”) of the City of Eden Prairie, Minnesota (the “City”), as follows: SECTION 1. RECITALS. 1.01. Authorization. This Council hereby determines it to be in the best interests of the City to issue and sell $7,417,000 principal amount of General Obligation Refunding Bonds, Series 2020A, of the City (the “Bonds”), pursuant to Minnesota Statutes, Chapters 429 and 475, as amended, and Section 475.67, to: (i) currently refund the December 1, 2021, through December 1, 2025, maturities (the “Series 2010A Refunded Bonds”) of the City’s $1,190,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2010A (the “Series 2010A Bonds”), dated as of December 1, 2010, the proceeds of which financed various public improvement projects within the City pursuant to Minnesota Statutes, Chapters 429 and 475; (ii) currently refund the December 1, 2021, through December 1, 2025, maturities (the “Series 2011D Refunded Bonds”) of the City’s $1,805,000 General Obligation Permanent Improvement Revolving Fund Crossover Refunding Bonds, Series 2011D (the “Series 2011D”), dated as of December 1, 2011, the proceeds of which refinanced the City’s General Obligation Permanent Improvement Revolving Fund Bonds, Series 2005B; (iii) currently refund the January 1, 2022, through January 1, 2026, maturities (the “Series 2012A Refunded Bonds”) of the City’s $5,110,000 General Obligation Crossover Refunding Bonds, Series 2012A (the “Series 2012A Bonds”), dated as of March 1, 2012, the proceeds of which refinanced the City’s General Obligation Bonds, Series 2005C; and (iv) currently refund the January 1, 2022, through January 1, 2027, maturities (the “Series 2012B Refunded Bonds”) of the City’s $3,170,000 General Obligation Capital Improvement Plan Crossover Refunding Bonds, Series 2012B (the “Series 2009A Bonds”), dated as of March 1, 2012, the proceeds of which refinanced the City’s General Obligation Capital Improvement Plan Bonds, Series 2006B. The Series 2010A Refunded Bonds, Series 2011D Refunded Bonds, Series 2012A Refunded Bonds, and Series 2012B Refunded Bonds are collectively referred to herein as the “Refunded Bonds.” 2 4820-5790-6122\8 The portion of the Bonds used to refund the Series 2010A Refunded Bonds and Series 2011D Refunded Bonds is referred to herein as the “Special Assessment Bonds.” The portion of the Bonds used to refund the Series 2012A Refunded Bonds and Series 2012B Refunded Bonds is referred to herein as the “Ad Valorem Tax Bonds.” The Series 2010A Refunded Bonds and Series 2011D Refunded Bonds will be redeemed on December 1, 2020 (the “2010A Redemption Date” and the “2011D Redemption Date”), and the principal and interest payments on the Series 2010A Bonds and Series 2011D Bonds not constituting Refunded Bonds will be paid at maturity from the debt service funds for the respective series of bonds. The Series 2012A Refunded Bonds and Series 2012B Refunded Bonds will be redeemed on January 1, 2021 (the “2012A Redemption Date” and the “2012B Redemption Date”), and the principal and interest payments on the Series 2012A Bonds and Series 2012B Bonds not constituting Refunded Bonds will be paid at maturity from the debt service funds for the respective series of bonds. The refunding is being carried out for the purpose described in Minnesota Statutes, Section 475.67, subdivision 3, section (b)(2)(i) and in compliance with Minnesota Statues, Chapter 475. The City anticipates substantial debt service savings to result from the refunding of the Refunded Bonds. 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent municipal advisor (“Ehlers”), to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. The Council has received a proposal from U.S. Bank National Association, in New York, New York (the “Purchaser”), to purchase the Bonds at a price of $7,417,000 plus accrued interest, if any, on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Manager are hereby authorized and directed to execute a contract on the part of the City with the Purchaser for the sale of the Bonds in accordance with the Preliminary Term Sheet. The Mayor and City Manager are hereby authorized to enter into a Continuing Covenant Agreement with Purchaser establishing such other terms and conditions for the sale of the Bonds as are acceptable to such officers. SECTION 2. FORM OF BONDS. The Bonds shall be prepared in substantially the form attached as Exhibit A hereto. 3 4820-5790-6122\8 SECTION 3. BOND TERMS, EXECUTION AND DELIVERY. 3.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 3.02. Maturities, Interest Rates, Denominations, Payment. The Bonds shall be originally dated as of the date of issuance thereof, shall be in the denomination of $100,000 each, or any integral multiple of $1,000 in excess thereof, of single maturities, shall mature on December 1 in the years and amounts stated below, and shall bear interest from the date of original issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts (except as otherwise provided below in this Section 3.02), as follows: Year Amount Rate 2025 $ 7,417,000 0.850% Upon the occurrence of an Event of Default, as defined in the Continuing Covenant Agreement between the Purchaser and the City relating to the Bonds, the Bonds shall bear interest at the Default Rate, as provided in the Continuing Covenant Agreement. Interest accruing at the Default Rate shall be payable to the Purchaser upon demand. The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar (as hereinafter defined), the principal amount thereof, shall be payable by check or draft issued by the Registrar. 3.03. Dates; Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 3.07 and upon any subsequent transfer or exchange pursuant to Section 3.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable each June 1 and December 1, commencing June 1, 2021 (each such date, an “Interest Payment Date”), to the person in whose name the Bonds are registered on the Bond Register (as hereinafter defined) at the Registrar’s close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 3.04. Redemption. The Bonds are not subject to optional redemption and prepayment prior to maturity. The Bonds shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 3.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on December 1 in each of the following years the following stated principal amounts of such Bonds: 4 4820-5790-6122\8 Term Bond Maturing in 2025 Sinking Fund Payment Date Aggregate Principal Amount 2021 $ 1,446,000 2022 1,486,000 2023 1,486,000 2024 1,489,000 2025 (final maturity) 1,510,000 Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail, to the registered owner of any Bond to be redeemed at the owner’s address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, the registered owner of such Bond will not be required to surrender such Bond in connection with such redemption. In such case the Registrar shall maintain in the Bond Register the outstanding principal amount of such Bond following such partial redemption. Upon repayment of the Bonds in full, the Bonds shall be delivered by the registered owners to the Registrar in connection with such repayment. 3.05. Appointment of Initial Registrar. The City hereby appoints the Finance Manager, as the initial bond registrar, transfer agent and paying agent (the “Registrar”). The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 3.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner 5 4820-5790-6122\8 thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner’s attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already 6 4820-5790-6122\8 matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. SECTION 4. REFUNDING; SECURITY PROVISIONS. 4.01. Refunding. (a) Series 2010A Refunding. Proceeds of the Bonds in the amount of $455,000.00 shall be deposited in the sinking fund established for the Series 2010A Bonds to be applied to the redemption of the Series 2010A Refunded Bonds on the 2010A Redemption Date, and proceeds of the Bonds in the amount of $4,000.00 shall be used to pay costs of issuance of the portion of the Bonds that refund the Series 2010A Refunded Bonds; (b) Series 2011D Refunding. Proceeds of the Bonds in the amount of $870,000.00 shall be deposited in the sinking fund established for the Series 2011D Bonds to be applied to the redemption of the Series 2011D Refunded Bonds on the 2011D Redemption Date, and proceeds of the Bonds in the amount of $6,755.70 shall be used to pay costs of issuance of the portion of the Bonds that refund the Series 2011D Refunded Bonds. (c) Series 2012A Refunding. Proceeds of the Bonds in the amount of $4,375,000.00 shall be deposited in the sinking fund established for the Series 2012A Bonds to be applied to the redemption of the Series 2012A Refunded Bonds on the 2012A Redemption Date, and proceeds of the Bonds in the amount of $33,000.00 shall be used to pay costs of issuance of the portion of the Bonds that refund the Series 2012A Refunded Bonds. (d) Series 2012B Refunding. Proceeds of the Bonds in the amount of $1,660,000.00 shall be deposited in the sinking fund established for the Series 2012B Bonds to be applied to the redemption of the Series 2012B Refunded Bonds on the 2012B Redemption Date, and proceeds of the Bonds in the amount of $12,744.30 shall be used to pay costs of issuance of the portion of the Bonds that refund the Series 2012B Refunded Bonds. 7 4820-5790-6122\8 4.02. General Obligation Refunding Bonds, Series 2020A Bond Fund. The Bonds shall be payable from a separate General Obligation Refunding Bonds, Series 2020A Bond Fund (the “Bond Fund”) of the City, which shall be created and maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. Within the Debt Service Account (as defined below) of the Bond Fund shall be created the following subaccounts: (a) Special Assessment Bonds Subaccount. Into the Special Assessment Bonds Subaccount shall be deposited: i. any funds received from the Purchaser upon delivery of the Bonds in excess of the amounts specified in Sections 4.01(a) and (b) above; ii. $244.30, representing a rounding amount for the Special Assessment Bonds; iii. all excess amounts on deposit in the respective debt service funds maintained for the payment of the Series 2010A Refunded Bonds and Series 2011D Refunded Bonds upon the retirement of such obligations on their respective Redemption Date; iv. any special assessments collected pursuant to Section 4.04 hereof; v. any taxes collected pursuant to Section 4.05 hereof and allocable to the Special Assessment Bonds; and vi. any other funds appropriated by this Council for the payment of the Special Assessment Bonds. (b) Ad Valorem Tax Bonds Subaccount. Into the Ad Valorem Tax Bonds Subaccount shall be deposited: i. any funds received from the Purchaser upon delivery of the Bonds in excess of the amounts specified in Sections 4.01(c) and (d) above; ii. $255.70, representing a rounding amount for the Ad Valorem Tax Bonds; iii. all excess amounts on deposit in the respective debt service funds maintained for the payment of the Series 2012A Refunded Bonds and Series 2012B Refunded Bonds upon the retirement of such obligations on their respective Redemption Date; iv. any taxes collected pursuant to Section 4.05 hereof and allocable to the Ad Valorem Tax Bonds; and v. any other funds appropriated by this Council for the payment of the Ad Valorem Tax Bonds. 8 4820-5790-6122\8 There are hereby established two accounts in the Bond Fund, designated as the “Debt Service Account” and the “Surplus Account.” All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each December 1, the Finance Manager shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one-twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the Finance Manager shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the Finance Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional, statutory or charter limitation. 4.03. Levy of Special Assessments. The City hereby covenants and agrees that, for the payment of the costs of the projects refinanced by the Special Assessment Bonds, the City has levied special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20%) of the cost of the improvements. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City’s officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. 4.04. Pledge of Taxing Power. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of other amounts as set forth in Section 4.02, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached schedules 9 4820-5790-6122\8 The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 5. DEFEASANCE. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are non-callable general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. SECTION 6. REGISTRATION, CERTIFICATION OF PROCEEDINGS, INVESTMENT OF MONEYS AND ARBITRAGE. 6.01. Registration. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and Regulations promulgated thereunder (the “Regulations”), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The improvements refinanced by the Bonds will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter 10 4820-5790-6122\8 into any lease, use or other agreement with any non-governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered “private activity bonds” or “private loan bonds” within the meaning of Section 141 of the Code. The Bonds are being issued as “qualified 501(c)(3) bonds” within the meaning of Section 145 of the Code due to anticipated use of the facilities refinanced by the Bonds by other governmental entities; certain youth hockey associations including the Eden Prairie Hockey Association and other organizations described in Section 501(c)(3) of the Code. 6.04. Arbitrage Certification. The Mayor and City Clerk, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. 6.05. Arbitrage Rebate. The City acknowledges that the Bonds may be subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds (other than amounts constituting a “bona fide debt service fund”) arise during or after the expenditure of the original proceeds thereof. 6.06. Qualified Tax Exempt Obligations. The City Council hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt governmental obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2020 does not exceed $10,000,000. 6.07. Continuing Disclosure. Upon request, and pursuant to any agreement with the Purchaser, the City will provide to Purchaser certain financial information, which shall be limited to the following: the information in the City’s audited financial statements, which shall be for the most recent fiscal year of the City (the “Disclosure Information”). The City shall (i) provide such Disclosure Information at the same time as or later than any equivalent disclosure information, relating to any outstanding obligations of the City, that the City is required to provide to the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access System (“EMMA”), or (ii) provide the Disclosure Information to the MSRB through EMMA on the same date as the City provides such Disclosure Information to Purchaser. SECTION 7. AUTHORIZATION OF PAYMENT OF CERTAIN COSTS OF ISSUANCE OF THE BONDS. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Old National Bank on the 11 4820-5790-6122\8 closing date for further distribution as directed by the City’s municipal advisor, Ehlers & Associates, Inc. SECTION 8. REDEMPTION OF REFUNDED BONDS. The City Clerk is hereby directed to advise Wells Fargo Bank, National Association, as paying agent for the Refunded Bonds, to call the Refunded Bonds for redemption and prepayment on the respective Redemption Dates, and to give thirty days’ mailed Notice of Redemption, substantially in the form attached hereto, all in accordance with the provisions of the resolutions authorizing the issuance of the Refunded Bonds. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _________________, and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Clerk. A-1 4820-5790-6122\8 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION REFUNDING BOND, SERIES 2020A R-1 $7,417,000 Interest Rate Maturity Date Date of Original Issue 0.850% December 1, 2025 October 28, 2020 REGISTERED OWNER: U.S. BANK NATIONAL ASSOCIATION PRINCIPAL AMOUNT: SEVEN MILLION FOUR HUNDRED SEVENTEEN THOUSAND DOLLARS THE CITY OF EDEN PRAIRIE, Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original hereof specified above at the annual rate specified above computed on the basis of a 360-day year consisting of twelve 30-day months, payable on June 1 and December 1 in each year, commencing June 1, 2021, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. Upon the occurrence of an Event of Default , as defined in the Continuing Covenant Agreement between the City and U.S. Bank National related to the Bonds, the Bonds shall bear interest at the Default Rate , as provided in such Continuing Covenant Agreement. The interest hereon and the principal hereof are payable in lawful money of the United States of America by check or draft of the Finance Manager of the City, as Bond Registrar, Transfer Agent and Paying Agent (the “Bond Registrar”), or its successor designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $7,417,000 (the “Bonds”), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on October 6, 2020 (the “Resolution”) to currently refund certain general obligation bonds of the City, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475, as amended, and Section 475.67. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of $100,000 or any integral multiple of $1,000 in excess thereof, of single maturities. The Bonds are not subject to optional redemption and prepayment prior to maturity. A-2 4820-5790-6122\8 The Bonds shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of the Resolution at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on December 1 in each of the following years the following stated principal amounts of such Bonds: Term Bond Maturing in 2025 Sinking Fund Payment Date Aggregate Principal Amount 2021 $ 1,446,000 2022 1,486,000 2023 1,486,000 2024 1,489,000 2025 (final maturity) 1,510,000 Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail, to the registered owner of any Bond to be redeemed at the owner’s address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, the registered owner of such Bond will not be required to surrender such Bond in connection with such redemption. In such case the Registrar shall maintain in the Bond Register the outstanding principal amount of such Bond following such partial redemption. Upon repayment of the Bonds in full, the Bonds shall be delivered by the registered owners to the Registrar in connection with such repayment. The Bonds have been designated as “qualified tax-exempt obligations” pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, A-3 4820-5790-6122\8 to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has by the Resolution levied or agreed to levy special assessments on property specially benefitted by the improvements refinanced by the Bonds and covenanted and agreed to collect and apply to payment of the Bonds ad valorem taxes levied on all taxable property in the City, which taxes and assessments are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such assessments and taxes to its General Obligation Refunding Bonds, Series 2020A Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by manual signature of the authorized representative of the Bond Registrar. A-4 4820-5790-6122\8 IN WITNESS WHEREOF, the City of Eden Prairie, Hennepin County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Clerk and has caused this Bond to be dated as of the date set forth below. CITY OF EDEN PRAIRIE, MINNESOTA (Facsimile Signature - City Clerk) (Facsimile Signature – Mayor) ________________ CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: __________________ FINANCE MANAGER, as Bond Registrar By Finance Manager ________________ A-5 4820-5790-6122\8 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA ………….…. as Custodian for ………….….. (Cust) (Minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ...................…….. (State) JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _____________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ______________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Please insert social security or other identifying number of assignee:______________________ 4820-5790-6122\8 Exhibit B TAX LEVIES 4820-5790-6122\8 EXHIBIT C NOTICE OF REDEMPTION $1,190,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2010A Dated as of December 1, 2010 City of Eden Prairie, Minnesota NOTICE IS HEREBY GIVEN THAT all outstanding Bonds of the above referenced issue, maturing in the following years on the following dates and having the interest rates listed below: Maturity Amount Rate CUSIP Number® 12/1/2021* $ 160,000 3.500% 279518 AV6 12/1/2023* 180,000 3.750 279518 AX2 12/1/2025* 195,000 4.000 279518 AZ7 * Indicates full call. are called for redemption and prepayment on December 1, 2020. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment on or before said date, on which date they will cease to bear interest. A Form W-9, Payer's Request for Taxpayer Identification Number, must be completed and returned with the called note or 31% of the note redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after December 1, 2020, by submitting said note along with the completed form W-9 to Wells Fargo Bank, National Association following address: By Mail or Courier Service: By Registered or Certified Mail: In Person, By Hand: Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. Corporate Trust Operations Corporate Trust Operations Corporate Trust Operations MAC N9300-060 N9300-070 P. O. Box 1517 600 South 4th Street, 6th Floor 600 South 4th Street, 7th Floor Minneapolis, MN 55480-1517 Minneapolis, MN 55415-1526 Minneapolis, MN 55415-1526 If you request payment of principal and/or interest via wire transfer, please be advised there is a wire transfer fee which will be deducted from your payment. Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Point Drive, Roseville, Minnesota 55113-1105 (651-697-8500), financial advisor to the City. Dated: ______________, 2020. BY ORDER OF THE CITY COUNCIL CITY OF EDEN PRAIRIE, MINNESOTA By s/ City Manager ® Registered Trademark 2015, American Bankers Association. The Registrar shall not be responsible for the selection or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in this Notice of Redemption or on any Bond. They are included solely for convenience of the Holders. 4820-5790-6122\8 EXHIBIT D NOTICE OF REDEMPTION $1,805,000 General Obligation Permanent Improvement Revolving Fund Crossover Refunding Bonds, Series 2011D, Dated as of December 1, 2011 City of Eden Prairie, Minnesota NOTICE IS HEREBY GIVEN THAT all outstanding Bonds of the above referenced issue, maturing in the following years on the following dates and having the interest rates listed below: Maturity Amount Rate CUSIP Number® 12/1/2021* $ 165,000 2.100% 279518 CL6 12/1/2022* 170,000 2.200 279518 CM4 12/1/2023* 175,000 2.350 279518 CN2 12/1/2024* 180,000 2.500 279518 CP7 12/1/2025* 180,000 2.650 279518 CQ5 * Indicates full call. are called for redemption and prepayment on December 1, 2020. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment on or before said date, on which date they will cease to bear interest. A Form W-9, Payer's Request for Taxpayer Identification Number, must be completed and returned with the called note or 31% of the note redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after December 1, 2020, by submitting said note along with the completed form W-9 to Wells Fargo Bank, National Association following address: By Mail or Courier Service: By Registered or Certified Mail: In Person, By Hand: Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. Corporate Trust Operations Corporate Trust Operations Corporate Trust Operations MAC N9300-060 N9300-070 P. O. Box 1517 600 South 4th Street, 6th Floor 600 South 4th Street, 7th Floor Minneapolis, MN 55480-1517 Minneapolis, MN 55415-1526 Minneapolis, MN 55415-1526 If you request payment of principal and/or interest via wire transfer, please be advised there is a wire transfer fee which will be deducted from your payment. Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Point Drive, Roseville, Minnesota 55113-1105 (651-697-8500), financial advisor to the City. Dated: ______________, 2020. BY ORDER OF THE CITY COUNCIL CITY OF EDEN PRAIRIE, MINNESOTA By s/ City Manager ® Registered Trademark 2015, American Bankers Association. The Registrar shall not be responsible for the selection or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in this Notice of Redemption or on any Bond. They are included solely for convenience of the Holders. 4820-5790-6122\8 EXHIBIT E NOTICE OF REDEMPTION $5,110,000 General Obligation Crossover Refunding Bonds, Series 2012A Dated as of March 1, 2012 City of Eden Prairie, Minnesota NOTICE IS HEREBY GIVEN THAT all outstanding Bonds of the above referenced issue, maturing in the following years on the following dates and having the interest rates listed below: Maturity Amount Rate CUSIP Number® 1/1/2022* $ 550,000 2.000% 279518 CYB 1/1/2023* 835,000 2.125 279518 CZ5 1/1/2024* 855,000 2.250 279518 DA9 1/1/2025* 875,000 2.375 279518 DB7 1/1/2026* 895,000 2.500 279518 DC5 * Indicates full call. are called for redemption and prepayment on January 1, 2021. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment on or before said date, on which date they will cease to bear interest. A Form W-9, Payer's Request for Taxpayer Identification Number, must be completed and returned with the called note or 31% of the note redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after January 1, 2021, by submitting said note along with the completed form W-9 to Wells Fargo Bank, National Association following address: By Mail or Courier Service: By Registered or Certified Mail: In Person, By Hand: Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. Corporate Trust Operations Corporate Trust Operations Corporate Trust Operations MAC N9300-060 N9300-070 P. O. Box 1517 600 South 4th Street, 6th Floor 600 South 4th Street, 7th Floor Minneapolis, MN 55480-1517 Minneapolis, MN 55415-1526 Minneapolis, MN 55415-1526 If you request payment of principal and/or interest via wire transfer, please be advised there is a wire transfer fee which will be deducted from your payment. Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Point Drive, Roseville, Minnesota 55113-1105 (651-697-8500), financial advisor to the City. Dated: ______________, 2020. BY ORDER OF THE CITY COUNCIL CITY OF EDEN PRAIRIE, MINNESOTA By s/ City Manager ® Registered Trademark 2015, American Bankers Association. The Registrar shall not be responsible for the selection or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in this Notice of Redemption or on any Bond. They are included solely for convenience of the Holders. 4820-5790-6122\8 EXHIBIT F NOTICE OF REDEMPTION $3,170,000 General Obligation Capital Improvement Plan Crossover Refunding Bonds, Series 2012B Dated as of March 1, 2012 City of Eden Prairie, Minnesota NOTICE IS HEREBY GIVEN THAT all outstanding Bonds of the above referenced issue, maturing in the following years on the following dates and having the interest rates listed below: Maturity Amount Rate CUSIP Number® 1/1/2022* $ 265,000 2.000% 279518 DK7 1/1/2023* 280,000 2.000 279518 DL5 1/1/2024* 275,000 2.125 279518 DM3 1/1/2025* 270,000 2.250 279518 DN1 1/1/2026* 290,000 2.375 279518 DP6 1/1/2027* 280,000 2.500 279518 DQ4 * Indicates full call. are called for redemption and prepayment on January 1, 2021. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment on or before said date, on which date they will cease to bear interest. A Form W-9, Payer's Request for Taxpayer Identification Number, must be completed and returned with the called note or 31% of the note redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after January 1, 2021, by submitting said note along with the completed form W-9 to Wells Fargo Bank, National Association following address: By Mail or Courier Service: By Registered or Certified Mail: In Person, By Hand: Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. Corporate Trust Operations Corporate Trust Operations Corporate Trust Operations MAC N9300-060 N9300-070 P. O. Box 1517 600 South 4th Street, 6th Floor 600 South 4th Street, 7th Floor Minneapolis, MN 55480-1517 Minneapolis, MN 55415-1526 Minneapolis, MN 55415-1526 If you request payment of principal and/or interest via wire transfer, please be advised there is a wire transfer fee which will be deducted from your payment. Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Point Drive, Roseville, Minnesota 55113-1105 (651-697-8500), financial advisor to the City. Dated: ______________, 2020. BY ORDER OF THE CITY COUNCIL CITY OF EDEN PRAIRIE, MINNESOTA By s/ City Manager ® Registered Trademark 2015, American Bankers Association. The Registrar shall not be responsible for the selection or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in this Notice of Redemption or on any Bond. They are included solely for convenience of the Holders. 4820-5790-6122\8 CERTIFICATE OF HENNEPIN COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY I, the undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution adopted October 6, 2020, by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of $7,417,000 General Obligation Refunding Bonds, Series 2020A, dated as of October 28, 2020, and levying taxes for the payment thereof. I further certify that the bond issue has been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this ______ day of October, 2020. Hennepin County Auditor (SEAL)