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Home My WebLink AboutCity Council - 10/20/2020 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 20, 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. STRATEGIC PLAN FOR HOUSING AND ECONOMIC DEVELOPMENT Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT Community Development 2021-2025 Strategic Plan for Housing and Economic Development City Council Workshop -October 20, 2020 Community Development 2021-2025 Strategic Plan Update Background The Strategic Plan was originally adopted in 2005; it was updated in 2012 and again in 2016-17 to include projects through 2020 Many projects are completed or funded and many new projects have arisen The Strategic Plan is currently being updated to include priority projects for the next 5 years: 2021-2025 Future updates to the Strategic Plan are anticipated to be in 5-year increments January –October 2020 Staff working sessions; draft project descriptions, timelines, funding sources September 1, 2020 City Council Workshop presentation –Economic Development update/projects October 6, 2020 City Council presentation –Housing Task Force report October 20, 2020 City Council Workshop presentation –Strategic Plan for Housing & Economic Development 2021-2025 November 2020 –January 2021 Prepare final draft document and update financial and other appendices Late January –February 2021 Tentative City Council action Community Development 2021-2025 Strategic Plan Update Timeline Housing Task Force Meeting, Aug 2020 Business Retention & Expansion $10K in Hennepin County grants and Open to Business assistance for 73 businesses (the City and Hennepin County each contribute $5K for this service) $370K DEED Grant for Climatech Industries $150K Hennepin County TOD Grant awarded for Town Center pedestrian improvements Assisted with $6.1M CMAQ grant for Town Center Station LRT business communication: met with Redstone, Flying Dutchman Distillery, Discount Tires, Champps, Elevate, SW Station Retail, 800 Prairie Center Drive Office, Flagship Office, TAGS Gymnastics, Residence Inn Extended Stay, Hampton Inn, Emerson and Eden Prairie Center Taprooms and cocktail rooms: Fat Pants Brewery and Flying Dutchman Spirits 28 business Meet and Greets Tennant Corporation Phase 1 SW Station Commercial Community Development Accomplishments 2021-2025 Strategic Plan Update 2017-2020 Starkey Meet and Greet Flying Dutchman Distillery Tennant Headquarters Realtor’s Forum Well attended in 2019 Career Fairs Annual event with 600+ high school students and 45+ businesses Lease Amendments Mitigate Covid impacts for Smith Coffee, Montessori School, Chuck and Don’s and Lotus Nails Industrial & Commercial Area Studies Venture Lane MnDOT Excess ROW property Martin Drive Industrial Area (new Flex Service zoning recommended) Flying Cloud Land Fill with MPCA Crosstown Industrial Area Vacant property off Glory Lane Potential neighborhood retail sites in southwest Eden Prairie Special Service District Reconsideration Community Development Accomplishments 2021-2025 Strategic Plan Update 2017-2020 Realtor’s Forum Career Fair Smith Coffee Branding & Wayfinding GTA Phase I: West segment of W 70th Street Singletree Streetscape Phase II Entry monument sign at 169 & Anderson Lakes Parkway Entry monument sign on 494 westbound Entry monument sign on Hwy 5 & Dell Road Community Development 2021-2025 Strategic Plan Update Entry monument sign 494 westbound Sign construction Hwy 5 eastbound at Dell Road West segment of W 70th Street Singletree Streetscape Accomplishments 2017-2020 Eden Gardens sustainable mid-market neighborhood completed Elevate at Southwest Station completed Cascade (Lincoln Parc) addition completed Trail Pointe Ridge Apartments at Smith Village completed Secured over $1.5M in Livable Communities grant money for Elevate, Trail Pointe Ridge and Paravel Sheldon Place Townhomes completed Community Development 2021-2025 Strategic Plan Update Eden Gardens Elevate Trail Pointe Ridge Sheldon Place Townhomes Accomplishments 2017-2020 Applewood Pointe Senior Cooperative at Smith Village under construction (90% purchased) Prairie Bluffs Senior Housing completed Eden Prairie Senior Housing completed Flagstone Senior Housing under construction Paravel Apartments negotiated and approved All of these housing developments were negotiated to have inclusionary housing including Prairie Bluffs, EP Senior Housing , Flagstone, and Paravel Community Development 2021-2025 Strategic Plan Update Flagstone Applewood Pointe Eden Prairie Senior Living Prairie Bluffs Senior Living Accomplishments 2017-2020 Maintained quality & fair housing: 4 grants totaling $106k to rehab nonprofit housing (CDBG) 77 loans totaling $1.1M to rehab single-family housing (CDBG and pooled TIF) Fair housing process established Increased homeownership opportunities: 14 first time homebuyers assisted (CDBG and pooled TIF) 2 land trust buyers assisted with WHAHLT partnership Created shared housing with services –Onward Eden Prairie home (On Track housing concept) Onward Eden Prairie Ribbon Cutting Accomplishments 2017-2020Community Development 2021-2025 Strategic Plan Update Housing Goals Preserve affordable housing & protect its tenants Create affordable housing opportunities Increase homeownership opportunities Support housing maintenance and quality of life improvements Paravel 2021-2025 GoalsCommunity Development 2021-2025 Strategic Plan Update Home in Eden Prairie Economic Development Goals Promote business retention and expansion Facilitate Transit Oriented (TOD) and Mixed Use development Foster other economic development opportunities Support economic development marketing and communication Assist with Eden Prairie branding and wayfinding Eden Prairie Center concept 2021-2025 GoalsCommunity Development 2021-2025 Strategic Plan Update Eagle Ridge concept Priorities/Timing Near Term = 2021-2022 Mid Term = 2023-2024 Long Term = 2025+ Ongoing SouthWest LRT Station Priorities/TimingCommunity Development 2021-2025 Strategic Plan Update City West LRT Station Preserve Affordable Housing and Protect Its Tenants Naturally Occurring Affordable Housing (NOAH) inventory and action plan Priority/Timing: Near Term Financing: TBD Create at NOAH inventory to identify properties at risk, possibly using CO-STAR data; establish a clear definition for what constitutes NOAH Develop a NOAH action plan in collaboration with housing non-profits; include potential partners, funding sources and protocols for intervention Tenant rights document and protection ordinance Priority/Timing: Near Term Financing: TBD Develop a Tenants’ Rights document as recommended by the Housing Task Force outlining tenants’ and landlords’ rights and responsibilities and providing information for pursuing grievances Consider a Tenant Protection Ordinance to protect tenants of NOAH properties for a length of time if the property is sold; protect tenants from material changes in their leases, changes in screening criteria, or changes relating to source of income (e.g. tenants using Housing Choice Vouchers). Community Development 2021-2025 Strategic Plan Update Potential NOAH in Eden Prairie Housing Projects by Goal Community Development 2021-2025 Strategic Plan Update Create Affordable Housing Opportunities Applewood Pointe of Smith Village (under construction) Paravel Apartments (2021-2022 construction) Transit Oriented Development (TOD) housing opportunity sites, including: Land assembly with Montessori School (Town Center) Eagle Ridge Partners property (Golden Triangle) Infill housing on City West office site Eagle Ridge opportunity Applewood Pointe construction Paravel Housing Projects by Goal Community Development 2021-2025 Strategic Plan Update Create Affordable Housing Opportunities Other affordable housing opportunity sites include: Venture Lane parcel (needs Guide Plan change) Hennepin Townline Road south of Anderson Lakes Parkway Flying Cloud Drive and College View Drive (Northeast corner) Old carpet store site (Flying Cloud Drive north of College View site) 1 acre property owned by Prince’s estate on Aztec Drive Possible church sites that could work for affordable housing infill Flying Cloud Drive / College View Drive / Aztec Drive area Housing Projects by Goal Community Development 2021-2025 Strategic Plan Update Create Affordable Housing Opportunities Inclusionary Housing Policy Priority/Timing: Near Term Financing: N/A Adopt an ordinance or policy requiring a specified number of affordable units in most housing developments ADUs (Accessory Dwelling Units) Priority/Timing: Mid Term Financing: N/A Explore zoning implications and prepare recommendations for attached and/or detached ADUs for appropriate districts Develop design guidelines to ensure consistency with City’s aesthetic standards Affordable Housing Trust Fund Priority/Timing: Mid Term Financing: N/A (new financing tool) Example of an ADU Housing Projects by Goal Community Development 2021-2025 Strategic Plan Update Increase Homeownership Opportunities First Time Homebuyers Program Priority/Timing: Ongoing Financing: Federal CDBG & Pooled Housing TIF Up to $10,000 in down payment/closing assistance Zero percent loan with 30 year term to income-qualified Land Trust Partnerships Priority/Timing: Ongoing Financing: Federal CDBG Assist West Hennepin Affordable Housing Land Trust (WHAHLT) WHAHLT purchases and retains land, rehabs/sells home to income-qualified family who earns building portion of equity WHAHLT Homes Housing Projects by Goal Community Development 2021-2025 Strategic Plan Update Increase Homeownership Opportunities Develop Partnership with Habitat for Humanity Priority/Timing: Mid Term Financing: TBD Help build home, make repairs or prevent foreclosure for low- income households,veterans, and seniors. Age Well at Home program that brings together housing and health care services to help seniors who wish to stay in their homes. Housing Projects by Goal Community Development 2021-2025 Strategic Plan Update Support Housing Maintenance and Quality of Life Improvements Housing Rehabilitation Loan & Grant Programs Priority/Timing: Ongoing Financing: Federal CDBG and Pooled Housing TIF Up to $15,000 to income eligible households for essential home improvements Loans are zero interest and have a term of 30 years Senior Home Maintenance & Improvement Programs Priority/Timing: Ongoing Financing: CDBG (grants) and General Fund (HOME) City offers grants to income-qualified seniors for necessary home improvements City helps fund Senior Community Services and the Household & Outside Maintenance for Elderly (HOME) program for low or no-cost basic repairs and assistance with interior/exterior maintenance Housing Projects by Goal Community Development 2021-2025 Strategic Plan Update Support Housing Maintenance and Quality of Life Improvements Housing Improvement Areas (HIAs) and Housing Association Improvement Grants (HAIGs) Priority/Timing: Ongoing Financing: Special Assessments (HIAs), CDBG (HAIGs) HIAs are authorized by State statute to assist Common Interest Communities (CIC) with needed improvements repaid by special assessments Neill Lake Townhomes and Columbine Townhomes are considering this program HAIGs are grants to income-qualified CIC properties Continue Rental Inspection Program and Property Manager Group Priority/Timing: Ongoing Financing: Fees and HRA levy (staff salaries) Housing & Community Services assesses human service needs and coordinates Property Manager Group Neill Lake Townhomes Housing Projects by Goal Community Development 2021-2025 Strategic Plan Update Promote Business Retention and Expansion Mayor’s Entrepreneurial Initiative Priority/Timing: Near Term Financing: TBD Improve the entrepreneurial culture (diversity, women, youth) Stimulate small business growth, innovation and job creation Support alternatives to traditional college degree job route Innovation Sandbox at Eden Prairie High School: City collaboration with school district, Chamber of Commerce and One Million Cups to create a new entrepreneurial space at the high school with: •Entrepreneur educational programming for high school students, student mentoring and idea exchanges with entrepreneurs, after-hours availability to existing entrepreneurs, start-up businesses, and local One Million Cups meetings events •Opportunity to showcase products, ideas and business concepts of students and local entrepreneurs •Place for “point of sale” activities for local products Potential location of innovation sandbox Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Promote Business Retention and Expansion Open to Business Program Priority/Timing: Ongoing Funding: City Economic Development Fund and partnership between Eden Prairie and Hennepin County Small business services include business plan development, marketing/feasibility studies, cash flow/financing projections, loan request preparation and advocacy with lenders Co-work or Collaborative Business Space Priority/Timing: Mid Term Financing: Economic Development Fund Facilitate co-work spaces that promote collaboration, entrepreneurs, networking and business development Review/Update Financial Strategies and Incentives Priority/Timing: Ongoing Funding: N/A TIF/Abatement policies; use of Economic Development Fund for business subsidy Co-work space example Co-work space example Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Facilitate Transit-Oriented Development Transit-Oriented Opportunity Sites Priority/Timing: Ongoing Funding: TIF, Pooled TIF, TOD Grants (MC & HC) Champps/Petco –for sale near Town Center Station Glen Road assembly –Dollar Store, Salon Concepts, Montessori School (City owns) Jakes restaurant site –available Bowlero –mixed-use redevelopment opportunity Walmart -mixed-use redevelopment opportunity Eagle Ridge –40 acre campus at Golden Triangle Station: office, hotel, housing concept TAGS -mixed-use redevelopment opportunity Optum Phase 3 –Building 4 at City West Station Shady Oak Center -mixed-use redevelopment opportunity American Investors Office –infill at 6385 Old Shady Oak Road Town Center area Part of Glen Road assembly –Montessori School Town Center Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Facilitate Mixed-Use Development Mixed-Use Opportunity Sites Priority/Timing: Ongoing Funding: TIF, Pooled TIF, Grants (MC & HC) Eden Prairie Center in-fill and mixed use redevelopment (Near Term). Aspire 2040 states: ”For retail malls to maintain long-term staying power, a wider mix of additional uses should be considered that are synergistic to retail, help attract more customers and shoppers, and are connected physically to the mall or are in immediate proximity.” As opportunities emerge, promote mixed- uses to help ensure the long-term success of Eden Prairie Center. Castle Ridge redevelopment –Flying Cloud Commons, Flagstone and Paravel (Near Term) Fountain Place Shopping Center (Long Term) Martin Drive/Mitchell Road northwest parcel (Long Term) Flying Cloud Commons Redevelopment Fountain Place Shopping Center Economic Development Projects by Goal Eden Prairie Center concept Community Development 2021-2025 Strategic Plan Update Facilitate TOD and Mixed-Use Development Support Streetscape/Pedestrian/Transit Improvements Priority/Timing: Ongoing Funding: Pooled TIF, Economic Development Fund, grants Stimulate economic development and private investment and support businesses by helping fund pedestrian, bicycle and micro-mobility improvements that help achieve last mile connections All the following projects meet these goals: •Town Center pedestrian connections –County TOD grant (Near Term) •West 70th Street east segment (Near Term) •Golden Triangle trail connections (Near Term) •City West trail connections (Near Term) •“Last Mile” study –circulators/connections to LRT (Near Term) •North South Roadway in Town Center (Long Term) Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Foster Other Economic Development Opportunities Employment Opportunity: Kabuki Site Priority/Timing: Near Term Funding: N/A Former restaurant site being assembled with adjacent parcel for 65,000 square foot speculative industrial building Employment Opportunity: Vikings Training Facility Priority/Timing: Mid Term Financing: TBD “Winter Park” currently leased as a Lifetime Fitness Sport but expected to redevelop within five years Employment Opportunity: Tennant Phases II and III Priority/Timing: Mid Term for Phase II -Innovation Center Long Term for Phase III –development to the west Funding: N/A Old Vikings training facility Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Foster Other Economic Development Opportunities Full Service Hotel Priority/Timing: Ongoing Financing: TBD Attract a full service or hybrid hotel with substantial meeting space. Numerous sites with high visibility and good access could accommodate this use including Eagle Ridge, Winter Park and Eden Prairie Center Eco-Innovation Project on former landfill site Priority/Timing: Near Term Financing: TBD Regulatory: New zoning district Aspire guides the site Eco-Innovation to promote sustainability, maximize use of the land and support sustainable businesses/clean energy production. A new Eco-Innovation District will be created. Efforts will be coordinated with Public Works, the Sustainability Commission, SolSmart/Met Council and MPCA Economic Development Projects by Goal Eden Prairie Center Concept Community Development 2021-2025 Strategic Plan Update Foster Other Economic Development Opportunities Industrial Area on Crosstown Priority/Timing: Mid Term Financing: TBD (TIF, grants) Aspire considers two potential futures for this area: remain an older industrial hub or transform into a new business park. Property assembly, soil testing and possible environmental remediation will be required. Potential uses: industrial, office, limited commercial Area Study of Southeast Highways 4 and 5 –the “Platinum Triangle” Priority/Timing: Mid Term Financing: TBD East of Eden Prairie Road, south of Hwy 5 and north of 212 includes uses that may not be compatible in the long term. A special area study would analyze opportunity sites, and infrastructure needs “Platinum Triangle” Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Foster Other Economic Development Opportunities Leasing Activities: City Owned Properties Priority/Timing: Ongoing Financing: revenue supports property maintenance and the Economic Development Fund The City owns numerous properties with excess space leased to private companies including: EP City Center leased to EP School District through 2021 and UNFI through 2022 8098 Glen Lane leased to EP Montessori School through 2022 Den Road City Liquor Store Building leased to Lotus Nails through 2024 and Chuck and Dons Pet Food through 2029 Historic Cummins Grill House lease to the EP Historical Society through 2025 Historic Smith Douglas More House leased to Smith Coffee through 2027 Space leased to Chuck and Dons City Center space leased to UNFI Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Support Economic Development Marketing & Communication Realtor’s Forum Priority/Timing: Ongoing (generally every 2 years) Financing: N/A Collaboration with the School District. The City organizes and hosts educational forum/bus tours for area realtors to learn community development and school initiatives. Typically attracts nearly 100 attendees who receive continuing education credits Student Career Expo Priority/Timing: Ongoing (annually) Financing: N/A Through the Chamber’s Workforce Committee, the City helped create the annual Career Expo at EP High school. 800 students can meet with over 50 local companies to learn about careers Realtor’s Forum Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Support Economic Development Marketing and Communication Business Communication Priority/Timing: Ongoing Financing: N/A The City communicates with the business community in numerous ways to learn, support, and inform including: Participate in Chamber meetings and committees Business Survey every 3 years Meet and Greets every year (nearly 400 completed since 2002) Increase awareness of programs and funding (State/County/City) LRT construction/opening communication with impacted businesses along the corridor until the project is completed in 2023 Meet and Greet with Eaton Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Support Economic Development Branding and Wayfinding City Entry Monument Signs and Bridge Branding Priority/Timing: Near Term Financing: Economic Development Fund The City Council approved design concepts for six monument signs at highway entrances to the City and branding of certain bridges. The following CIP projects remain: Highway 212 eastbound at Dell Road (Near Term) – revised to bridge branding including Eden Prairie lettering and logo in 2021 I-494 southbound near Highway 62 (Near Term) –entry monument sign is budgeted in CIP for design in 2021 with construction likely in 2022 Highway 212 westbound at Shady Oak Road –has been revised to add Eden Prairie lettering to the Shady Oak bridge or the LRT bridge over 212. Budgeted in CIP for design in 2021 with construction possible in 2022 Prairie Center Drive Bridge Branding includes the EP logo and new lights similar to the Shady Oak Rd bridge. It is budgeted in the CIP for 2021 Prairie Center Drive bridge design Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Support Economic Development Branding and Wayfinding Branding of Entry Plazas Priority/Timing: Near to Mid Term Funding: Economic Development Fund The City Council approved CIP funds for branding at two public plazas: City West LRT Plaza was designed to include a major artwork that would act as an entry monument at this major gateway into Eden Prairie. Additional EP graphics are also being considered on the retaining wall across the tracks from the station/plaza. Both will be visible from the train. Budgeted in CIP for construction in 2022; additional funding for artwork will likely be needed Town Center Place Entry Plaza at the northwest corner of Flying Cloud Drive and Town Center Place will help reinforce Eden Prairie’s Town Center brand, provide wayfinding to the Town Center station, and provide a resting place along the sidewalk/trail system between the hotels and station. This is budgeted in the CIP for completion in 2023 when LRT opens City West Plaza and Station Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Support Economic Development Branding and Wayfinding Other LRT Station Area Improvements Priority/Timing: Near Term Funding: PLACES Art Grant, Economic Development Fund Revisit LRT Station Area Plans to determine if anything still needs funding Prioritize use of any future PLACES Art Grant Create wayfinding signage plans to direct visitors to and from all four stations Golden Triangle Branding Phase II Priority/Timing: Long Term Funding: TBD Prior to future Shady Oak Road improvements, determine if W 70th Street branding or other is appropriate for remainder of GTA: CIP includes some Economic Development funding in 2026 Golden Triangle LRT Station Economic Development Projects by Goal Community Development 2021-2025 Strategic Plan Update Strategic Plan Appendix Contents Economic Development and Housing Fund Balances and Projections 2017-2020 Project Status Updates (Accomplishments) 2017-2020 Project Status Updates (Accomplishments) Strategic Planning Process (2005-2020) Questions/Comments? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 20, 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. 2020 SUSTAINABLE EDEN PRAIRIE AWARDS B. ACCEPT CONTRIBUTIONS FROM LOCAL BUSINESSES AND ORGANIZATIONS TOWARDS FALL SPECIAL EVENTS (Resolution) C. WORLD POLIO DAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 6, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 6, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE AMENDMENT TO MULTIJURISDICTIONAL AGREEMENT WITH HENNEPIN COUNTY C. APPROVE PURCHASE OF REPLACEMENT ATTACK FIRE HOSE FOR ALL FIRE APPARATUS FROM JEFFERSON FIRE AND SAFETY CITY COUNCIL AGENDA October 20, 2020 Page 2 D. APPROVE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT FOR FIREFIGHTERS FROM STREICHER’S E. ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT AGREEMENT F. APPROVE CHANGE ORDER NO. 7 FOR PRESERVE BOULEVARD G. APPROVE 2021 PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT CONTINGENT UPON BUDGET APPROVALS H. DECLARE PROPERTY AS SURPLUS I. APPROVE PURCHASE OF NEW TESLA MODEL-Y LONG RANGE AWD VEHICLE J. AUTHORIZE AGREEMENT WITH RAINBOW TREECARE FOR EMERALD ASH BORER TREATMENT K. AUTHORIZE EXTENSION OF AGREEMENT WITH NATIVE RESOURCES PRESERVATION LLC. FOR NATIVE PLANTING AREA MAINTENANCE IX. PUBLIC HEARINGS / MEETINGS A. 2020 SPECIAL ASSESSMENTS (Resolution) B. TILLER CORPORATION PLANT 912: By Tiller Corporation. First Reading of an Ordinance for Zoning Change from Public to Industrial on 4.49 acres and Rural to Industrial on 1.09 acres; Resolution for Preliminary Plat on 13.21 acres (Ordinance for Zoning Change from Public and Rural to Industrial; Resolution for Preliminary Plat) C. CODE AMENDMENT FOR TOWERS AND ANTENNAS By City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 6 and Chapter 11 to comply with recent Federal Communication Commission Rulings (Ordinance) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL AGENDA October 20, 2020 Page 3 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Authorize Use of CARES ACT Funds for Grants to Eden Prairie Foundation and Eden Prairie Chamber of Commerce 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 16, 2020 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 20, 2020 ___________________________________________________________________________________________ TUESDAY, OCTOBER 20, 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. 2020 SUSTAINABLE EDEN PRAIRIE AWARDS Synopsis: The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, water, and waste. The eligibility criteria includes property improvements and organized programming or initiatives so that both physical improvements and behavioral changes can be recognized. The recipients of the 2020 Sustainable Eden Prairie Award are:  Energy – No Nominations  Landscape (Tie) – Preserve Association, Cheri Nehl  Water – Fairway Woods Condominium Association  Waste (Tie) – Girl Scout Troop #17913, Once Upon A Child B. ACCEPT CONTRIBUTIONS FROM LOCAL BUSINESSES AND ORGANIZATIONS TOWARDS FALL SPECIAL EVENTS (Resolution) ANNOTATED AGENDA October 20, 2020 Page 2 Synopsis: In keeping with the Stay Safe Minnesota guidance, Parks and Recreation has created two alternative Halloween events called the Boo Drive- Thru and the Great Pumpkin Path. For both events, households register in advance. The Boo Drive-thru is a from-your-vehicle family fun experience to be held from 1-5 p.m. on October 31 at Miller Park. Approximately 200 vehicles will be a part of the event, with community partners setting up trick-or-treating and activity stations along the route. The Great Pumpkin Path is an outdoor event with pre-registered households entering the path at distanced intervals from 6-9 p.m. on Friday, October 16. Approximately 73 families are part of the event, decorating and carving up to 150+ pumpkins to display along the event trail. A scavenger hunt and art stations are also a part of the event. MOTION: Move to adopt the Resolution accepting the donation of $2,400 for the Boo Drive-Thru and the Great Pumpkin Path events from J.A. Price ($1,000), Eden Prairie Crime Fund ($750), Wall Trends ($200), A to Z Rental Center ($150), Lions Tap ($100), Prairie Bluffs Senior Living ($100) and Home Instead Senior Care ($100). C. WORLD POLIO DAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 6, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 6, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. A. CLERK’S LICENSE LIST B. APPROVE AMENDMENT TO MULTIJURISDICTIONAL AGREEMENT WITH HENNEPIN COUNTY ANNOTATED AGENDA October 20, 2020 Page 3 C. APPROVE PURCHASE OF REPLACEMENT ATTACK FIRE HOSE FOR ALL FIRE APPARATUS FROM JEFFERSON FIRE AND SAFETY D. APPROVE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT FOR FIREFIGHTERS FROM STREICHER’S E. ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT AGREEMENT F. APPROVE CHANGE ORDER NO. 7 FOR PRESERVE BOULEVARD G. APPROVE 2021 PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT CONTINGENT UPON BUDGET APPROVALS H. DECLARE PROPERTY AS SURPLUS I. APPROVE PURCHASE OF NEW TESLA MODEL-Y LONG RANGE AWD VEHICLE J. AUTHORIZE AGREEMENT WITH RAINBOW TREECARE FOR EMERALD ASH BORER TREATMENT K. AUTHORIZE EXTENSION OF AGREEMENT WITH NATIVE RESOURCES PRESERVATION LLC. FOR NATIVE PLANTING AREA MAINTENANCE IX. PUBLIC HEARINGS / MEETINGS A. 2020 SPECIAL ASSESSMENTS (Resolution) Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. Staff recommends Council approve the list of assessments. MOTION: Move to:  Close the public hearing for the approval of the 2020 Special Assessments and;  Adopt the resolution approving all Special Assessments presented in the fall of 2020. ANNOTATED AGENDA October 20, 2020 Page 4 B. TILLER CORPORATION PLANT 912: By Tiller Corporation. First Reading of an Ordinance for Zoning Change from Public to Industrial on 4.49 acres and Rural to Industrial on 1.09 acres; Resolution for Preliminary Plat on 13.21 acres (Ordinance for Zoning Change from Public and Rural to Industrial; Resolution for Preliminary Plat) Synopsis: The applicant is proposing to update the asphalt plant equipment and pollution control equipment and to relocate the plant and processing/stockpile areas within the site. These site improvements are intended to increase safety and efficiencies of the operation and improve circulation and stormwater management. The applicant is requesting approval of rezoning of property to bring the entire subject site into the same zoning district. Also requested is preliminary plat approval to combine 5 parcels into 1 lot and an outlot. The site plan includes the improvements and relocation noted above, as well as, the construction of accessory buildings to support the operations of the site. MOTION: Move to:  Close the Public Hearing; and  Approve the 1st reading of the Ordinance for Zoning District Change from Rural to Industrial (I-Gen) on 1.09 acres and Public to Industrial (I-Gen) on 4.49 acres  Adopt a Resolution for a Preliminary Plat of 5 parcels into one lot and one outlot on 13.21 acres  Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions C. CODE AMENDMENT FOR TOWERS AND ANTENNAS By City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 6 and Chapter 11 to comply with recent Federal Communication Commission Rulings (Ordinance) Synopsis: The proposed code changes are in response to the June 2020 Federal Communication Commission (FCC) declaratory ruling that further clarifies criteria within the Spectrum Act of 2012 related to altering existing wireless structures. The FCC ruling affects City Code Chapter 6.03 and City Code Chapter 11.06. No public hearing is required for the amendment to Chapter 6. City Code Chapter 11 amendment requires a public hearing. The proposed code change for City Code Chapter 6, Section 6.03 adds a subsection related to permits in the public right of way. The proposed code change for City Code, Section 11.06 adds Subdivision 14 that acknowledges the June 2020 FCC declaratory ruling. As required the City is obliged to approve certain request on existing towers located on private property or in public right of way when the existing towers meet “eligible facilities request.” The declaratory ruling is not inconsistent with current City Code and ANNOTATED AGENDA October 20, 2020 Page 5 administrative approval practice. MOTION: Move to:  Close the Public Hearing; and  Approve 1st reading of an Ordinance amending City Code Chapter 6, Section 6.03 relating to Right-of-Way Permits and City Code Chapter 11, Section 11.06 relating to towers and antennas 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. Authorize Use of CARES ACT Funds for Grants to Eden Prairie Foundation and Eden Prairie Chamber of Commerce Synopsis: Through the CARES ACT, the City has the ability to provide nonprofit grants to provide resources that alleviate the direct and adverse effects related to the COVID-19 public health emergency. All grant funds must be used solely to reimburse eligible nonprofit expenses. The Eden Prairie Foundation and the Eden Prairie Chamber of Commerce have requested reimbursement of eligible costs due to the COVID 19 public health emergency. The Eden Prairie Foundation and the Eden Prairie Chamber of Commerce provide important services to Eden Prairie citizens and businesses. The organizations have been impacted by COVID-19 public health crisis. Business has been interrupted due to the crisis as they can no longer conduct their normal activities because of needed social distancing measures and they have seen decreased demand for events. Eligible non-profit operating costs include employee payroll and benefits, rent/lease payments, mortgage payments, utilities, payments to suppliers, ANNOTATED AGENDA October 20, 2020 Page 6 license fees, and other expenses specific to the pandemic response (e.g. employee training, reopening plans, personal protective equipment). Nonprofits are required to submit revenue, employment, eligible cost and other documentation to substantiate the impact of their operations due to the crisis and to provide documentation to support amount to be reimbursed. Finance will work with the Foundation and the Chamber of Commerce to obtain and review the documentation. MOTION: Move to authorize the use of CARES ACT Funds for grants to the Eden Prairie Foundation and the Eden Prairie Chamber of Commerce. Authorize up to $27,850 for the Foundation and $59,850 for the Chamber of Commerce. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: October 20, 2020 DEPARTMENT/DIVISION: Jennifer Hassebroek Public Works / Engineering ITEM DESCRIPTION: 2020 Sustainable Eden Prairie Awards ITEM NO.: IV.A. Requested Action No formal action is requested. Staff will provide background and the Student Sustainability Commissioners will present the awards to the recipients. Synopsis The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, water, and waste. The eligibility criteria includes property improvements and organized programming or initiatives so that both physical improvements and behavioral changes can be recognized. The recipients of the 2020 Sustainable Eden Prairie Award are:  Energy – No Nominations  Landscape (Tie) – Preserve Association, Cheri Nehl  Water – Fairway Woods Condominium Association  Waste (Tie) – Girl Scout Troop #17913, Once Upon A Child Background This is the fourth year the Sustainable Eden Prairie Awards will be recognized by the City Council. The nomination period was open through August. Staff engaged the Sustainability Commission in September to review the nominations and provide recommendations. Award recipients will receive a commemorative plaque. Sustainability Commission Members and Students on Commission are:  Cindy Hoffman, Chair  Aaron Poock, Vice Chair  Jeanne DeSanctis  Debjyoti Dwivedy  Daniel Katzenberger  JoAnn McGuire  Bruce Schaepe  Priya Senthilkumar  Ellianne Retzlaff  Amanda Schlampp  Anisha Singhatwadia  Pranav Vadhul CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: October 20, 2020 DEPARTMENT / DIVISION: Jay Lotthammer Director, Parks and Recreation ITEM DESCRIPTION: Donations for Halloween Events ITEM NO.: IV.B. Requested Action Move to: Adopt Resolution accepting the donation of $2,400 for the Boo Drive-Thru and the Great Pumpkin Path events from J.A. Price ($1,000), Eden Prairie Crime Fund ($750), Wall Trends ($200), A to Z Rental Center ($150), Lions Tap ($100), Prairie Bluffs Senior Living ($100) and Home Instead Senior Care ($100). Synopsis In keeping with the Stay Safe Minnesota guidance, Parks and Recreation has created two alternative Halloween events called the Boo Drive-Thru and the Great Pumpkin Path. For both events, households register in advance. The Boo Drive-thru is a from-your-vehicle family fun experience to be held from 1-5 p.m. on October 31 at Miller Park. Approximately 200 vehicles will be a part of the event, with community partners setting up trick-or-treating and activity stations along the route. The Great Pumpkin Path is an outdoor event with pre-registered households entering the path at distanced intervals from 6-9 p.m. on Friday, October 16. Approximately 73 families are part of the event, decorating and carving up to 150+ pumpkins to display along the event trail. A scavenger hunt and art stations are also a part of the event. Background Eden Prairie Parks and Recreation offers an annual Halloween on the Mall event, which has been suspended for 2020 due to the pandemic. 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 $2,400 to be used for the Boo Drive-Thru and the Great Pumpkin Path events from J.A. Price ($1,000), Eden Prairie Crime Fund ($750), Wall Trends ($200), A to Z Rental Center ($150), Lions Tap ($100), Prairie Bluffs Senior Living($100) and Home Instead Senior Care ($100) is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of October, 2020. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk Proclamation City of Eden Prairie Hennepin County, Minnesota WHEREAS, Rotary is a global network of neighbors, friends, leaders, and problem-solvers who unite and take action to create lasting change in communities across the globe; and WHEREAS, the Rotary motto, Service Above Self, inspires members to provide humanitarian service, follow high ethical standards, and promote goodwill and peace in the world; and WHEREAS, Rotary in 1985 launched PolioPlus and in 1988 helped establish the Global Polio Eradication Initiative, which today includes the World Health Organization, U.S. Centers for Disease Control and Prevention, UNICEF, and the Bill & Melinda Gates Foundation, and Gavi, the Vaccine Alliance, to immunize the children of the world against polio; and WHEREAS, polio cases have dropped by 99.9 percent since 1988 and the world stands on the threshold of eradicating the disease; and WHEREAS, to date, Rotary has contributed more than US$2.1 billion and countless volunteer hours to protecting more than 2.5 billion children in 122 countries; and WHEREAS, Rotary is working to raise an additional $50 million per year, which would be leveraged for maximum impact by an additional $100 million annually from the Bill & Melinda Gates Foundation; and WHEREAS, these efforts are providing much-needed operational support, medical staff, laboratory equipment, and educational materials for health workers and parents; and WHEREAS, in addition, Rotary has played a major role in decisions by donor governments to contribute more than $10 billion to the effort; and WHEREAS, there are over 1.2 million Rotary members in more than 35,000 clubs throughout the world that sponsor service projects to address such critical issues as poverty, disease, hunger, illiteracy, and the environment in their local communities and abroad; WHEREAS, the Eden Prairie Noon and Eden Prairie AM Rotary clubs support local service projects in Eden Prairie as well as international service projects including PolioPlus; and NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim October 24, 2020 World Polio Day in Eden Prairie, Minnesota and encourage all citizens to join me and Rotary International in the fight for a polio-free world. _________________________ Ronald A. Case, Mayor ITEM NO.: IV.C. UNAPPROVED MINUTES 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) Megan Yerks, community services coordinator, introduced Kassy Nystrom and Kara Skahen. Nystrom is an urban planner working in public health with Hennepin County. Skahen is a program director for Live Smoke Free with The Association for Nonsmokers - Minnesota. Nystrom presented their timeline of involvement in Eden Prairie. Eden Prairie passed a policy increasing the sales age of tobacco products to 21 in 2018. In 2019, they engaged the residents with a Smoke-free Multi Unit Housing (SFMUH) survey. Four of the housings locations have a smoking not permitted policy, and in three properties smoking is permitted. The purpose of the survey was to gage whether or not there was interest in a citywide ordinance for smoke-free spaces. Throughout this process, they worked closely with Staff. The surveys were finished in 2020. The Association for Nonsmokers updates a regional database regarding which multifamily properties do and do not have smoking policies. As of 2020, out of 40 Eden Prairie properties 55 percent have policies. Hennepin County believes everyone has a right to healthy housing. According to the United States Surgeon General’s report, there is no safe level of exposure to secondhand smoke. Nystrom stated the survey delivery varied by property. There was one survey per household with one week for completion. Signs were posted throughout the building as a reminder. Incentives were provided for those who participated as well as property managers. There were 526 surveys distributed to smoke-free units at four properties, and 181 were returned. There were 313 surveys distributed to smoking permitted units at three properties, and 75 were returned. Smoking permitted property data showed older adults, minorities, and low- wealth and resourced residents are the most vulnerable populations to chronic disease. Data was collected on the percentage of those exposed to secondhand smoke (SHS) at home by City Council Workshop Minutes October 6, 2020 Page 2 ethnicity. The black community is experiencing exposure to SHS at home at a higher rate, 13.8 percent. Seven percent of Black or African Americans are exposed to SHS, and 5.3 percent of American Indians or Alaska Natives are exposed to SHS. Data collected on the percentage who report selected health status by SHS at home shows a higher percentage of reporting poor or fair health, having hypertension, or being obese. Skahen stated smoke-free housing has been a trend over the last decade with an increase in properties with smoke-free policies. In regards to the survey, over 80 percent strongly or somewhat support a smoke-free voluntary policy in all individual apartments within the building. These numbers align closely with the state adult smoking rate of 14 percent. There is also strong support for a citywide policy or ordinance prohibiting smoking from inside the building. 87.5 percent of those surveyed in buildings with smoking not permitted support a citywide policy or ordinance and 82 percent in buildings with smoking permitted. Many of the property managers recognize the benefits of smoke-free housing policies such as cost- benefits due to less damage and reduced risk of fire and increased health of staff and residents. Data from 2010-2019 shows the number of fires per year in multi-family housing and the dollar amount associated with the damage and loss. Although careless smoking indoors is a hazard, cooking is the number one cause of fire in multi-family properties. Skahen stated there are a number of options to consider. One of the recommendations to consider is to incentivize SFMUH a voluntary policy adoption by adopting a municipal resolution or declaration supporting smoke-free housing. The City of Richfield adopted a resolution a few years ago supporting SFMUH. Another option, implemented by the City of Duluth, is to require property owners to establish and disclose their smoking policy to prospective renters and or buyers. Other options to consider are to establish SHS as a nuisance, incentivize or require a SFMUH policy adoption through the City rental licensing program or City funded development projects, or require all multi-unit housing (MUH) properties to be smoke free. There are a number of communities in California who require all MUH to be smoke free. Aho inquired about who would be responsible for the implementation of a policy and the enforcement. Rachel Callahan, from the Public Health Law Center, replied some landlords implement policy by putting a clause in their lease and therefore enforcing it. In California, some cities and counties do enforce the policy resulting in either a fine or a misdemeanor. These policies also allow residents to take legal action when they’re subjected to SHS. Aho stated he owns three apartment complexes, and they are smoke-free due to all the reasons mentioned and the property damage associated. There isn’t a clear way for landlords to enforce these policies other than to charge a fee for damage when they move out. He also believes the City and County should not be dictating to landlords what policies to put in place. Law enforcement should not be tasked with enforcing these policies as they have are occupied with so many other tasks. City Council Workshop Minutes October 6, 2020 Page 3 Case inquired if the League of Minnesota Cities has data on practices and policies from various cities. Skahen responded there are currently no other cities or counties in Minnesota with an ordinance. Case inquired about the steps the City of Richfield took. Skahen responded Richfield passed a resolution stating they support smoke-free housing efforts. Narayanan inquired if the City receives many calls about smoking complaints. Weber replied more often there are complaints of the smell of marijuana in a building rather than tobacco. In some cases there are calls from single-family properties about smoke smell through their windows. Yerks added the survey results include a comments section, and some of those comments reflect interactions between neighbors who smoke versus those who do not. Case noted the City has been a leader through the years in combatting smoking, more specifically as one of the first cities to ban smoking in parks. The Council will check in with Staff about the next steps they would like to take. II. ELECTRIC VEHICLE CHARGING STATIONS (6:00-6:30) Getschow stated earlier this year two residents brought forward the St. Louis Park ordinance for electric vehicle charging stations (EVCS) and asked if Staff, the Planning Commission, and Council could look into a way to encourage or legislate more EVCS. Novak-Krebs stated in February through June Staff did research on how other communities are handling EVCS. In July the Planning Commission discussed EVCS. August through September Staff conducted outreach to multifamily property owners and managers. Novak-Krebs provided a summary of the St. Louis Park EVCS ordinance, adopted in April 2019. Their ordinance came to fruition from their Climate Action Plan after a year of discussion. Their ordinance refers to level one EVCS taking about eight hours for a complete charge, level two EVCS taking two hours for a complete charge, and DC EVCS taking about 20 minutes for a full charge and considered rapid charging. Their requirements are outlined by the number of spaces in a lot. Lots with 14 or fewer spaces are not required to have EVCS. Lots with 15 to 49 spaces in a non-residential area are required to have one level two EVCS. Multifamily is required to have five percent of the required parking as level one EVCS. Lots with 50 or more spaces in a non-residential area are required to have at least one percent of required parking be level two EVCS. Multifamily of this size are required to have ten percent of the required parking be level one EVCS plus one level two station for guest parking. Narayanan inquired if this also applies to businesses. Novak-Krebs responded yes. The requirement is based on either non-residential or multifamily residential properties. City Council Workshop Minutes October 6, 2020 Page 4 Novak-Krebs stated, in addition, lots are required to install wiring with electrical capacity for future EVCS for at least 10 percent of the required parking stalls. The City of St. Louis Park allows the developer to request a reduction in EVCS if the installation of the EVCS costs more than five percent of the total project cost. In conversations with the City Attorney and based on current legal standings and State Building Code, the City could require EVCS on surface parking lots and in multifamily development. The City cannot require it in single family development at this time. There have been a few developers who have volunteered to install EVCS such as Eden Ridge and Villas at Smith Village. Neuville added it cannot be required within a structure due to State Building Code. Case inquired if Council could continue to ask to developers to install or wire for future EVCS. Neuville replied yes. Those development agreements stated the installation was voluntary and is not enforceable. Getschow noted EVCS cannot be required in City Code. Aho noted the added feature will make properties more desirable. Often the more regulation and requirements, the higher the cost of the development and therefore less affordability. Narayanan inquired if there are any State of Federal grants to assist developers or cities with installing EVCS. Scot Adams stated he is aware of one company that sets aside money for EVCS, but he is not certain if those funds are available to cities. Nelson added wiring for EVCS is fairly low cost to add to a development and would likely not increase overall sale price. Aho noted for a lower level voltage outlet it would not be costly, but it depends on the level of EVCS. Novak-Krebs stated in July the City Planner had discussions with the Planning Commission around EVCS and overall there was support. They discussed incentivizing or making EVCS a requirement. Incentivizing EVCS was more broadly supported, but there was interest in the City leading the requirement of EVCS depending on the scale and type of development. Locations such as residences, offices, and maybe the mall or large retail would be the best locations due to the amount of time spent on site. The Commission was interested in seeing if the City could pursue partnerships with car companies to install EVCS in public areas. There was consensus to wait for Building Code to be updated before the City adopts an ordinance. It was also suggested it could be beneficial to reach out to multifamily property owners and managers about usage and demand. A survey was sent to 26 multifamily property owners and the City received 11 responses. Elevate has two EVCS available for free to guests and residents. Other properties report residents have requested EVCS and there are residents who own electric vehicles. Three properties have other locations with EVCS with little or unknown use and demand. Through the planned unit development (PUD) process, the City has been successful in discussions around EVCS for multifamily and other properties. There are many multifamily properties with one or more EVCS in the City. Case inquired if the EVCS at these sites are free. Novak-Krebs stated she is not certain if they are all free, but some of the EVCS are in underground parking structures and are only City Council Workshop Minutes October 6, 2020 Page 5 for residents. Aho noted the Southview EVCS is not metered, similar to many in the City. Case added he believes Tesla EVCS are free nationwide. Aho added it depends on the type of vehicle, the year it was purchased, and there may be some other limiting factors. Lotthammer added the EVCS at the Community Center is fee-based and scaled in hopes to deter people from parking there for long periods of time. Schmieg stated Leviton has a network charging system for public applications. They charge by kilowatts and time of day. There are also mobile applications where EVCS can be scheduled and reserved. Aho added the application can also accept payment to secure an EVCS time slot. Schmieg added the listed price for the EVCS unit is only $2,300, but the unit would need to be wired to internet. Case inquired what the next steps may be. Getschow responded there is some clarity on single family housing, and there has been discussion on EVCS for every project coming before the Planning Commission and Council. Aho stated he favors what the City has been doing rather than requiring it. There has been success with builders and property owners volunteering to include EVCS. Narayanan referred to the 2050 Climate Action Plan and to consider the strategies necessary to reach the City’s goals. Case added he believes market forces will likely further these initiatives. He would be in favor of some requirements for developers as there does not seem to be a lot of resistance. Aho noted he believes it is beneficial to encourage it as there will likely already be the demand for it. Case stated the City should be operating based on what role we should play in the next five years. Freiberg noted it is cheap to do the rough-in for EVCS. The developers are already motivated to add these features without the requirement from the City. Nelson stated she agrees the City should do what they can to promote EVCS. Narayanan stated those who rent do not have the ability to add these features. Case added he would like to get a greater understanding of the science and technology and listen to the experts on the outlook of the next 10 years. Adams added it would be beneficial to have a specific ask for developers. He is willing to reach out to experts to assist with more information. Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 6, 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. ACCEPT DONATION OF $5,000 FROM COMCAST AND SCHEELS TO EDEN PRAIRIE CRIME PREVENTION FUND FOR SPORTING GOODS FOR LOCAL YOUTH (Resolution No. 2020-88) Police Chief Weber observed many of the community outreach events usually held each year have been cancelled due to COVID-19. In order to provide and encourage activity for our youth, Comcast has donated $5,000 and Scheels agreed to donate $1,000 to the Eden Prairie Crime Prevention Fund to purchase sporting goods presented at an event for our local youth. Lisa Toomey, President of the Eden Prairie Crime Prevention Fund, reported attending the event at which the sporting goods were presented to the kids. She was pleased to see how much the sporting goods were enjoyed by those in attendance. MOTION: Aho moved, seconded by Narayanan, to adopt Resolution No. 2020-88 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. Motion carried 5-0. CITY COUNCIL MINUTES September 15, 2020 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 15, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 15, 2020 MOTION: Aho moved, seconded by Freiberg, to approve the minutes of the City Council Workshop held Tuesday, September 15, 2020, and the City Council meeting held Tuesday, September 15, 2020, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS A. HOUSING TASK FORCE REPORT Case said he was very excited to hear the report of the Housing Task Force which was put together in response to discussions which arose during the 2018 local election campaign. Getschow explained the City Council Members appointed several residents to the Housing Task Force in the spring of 2019. After the formation of the Task Force in June of 2019, the diverse members of the Task Force were introduced to the City’s programs, policies, and planning in regard to affordable housing and explored a host of potential new strategies to address the City’s housing goals and needs. The Task Force is here tonight to present their report. Joan Howe-Pullis, Chair of the Housing Task Force, reviewed the report and explained the Task Force was inspired in their discussion and review by the housing section included in the City’s ASPIRE 2040 plan. She said sections of the report will be presented by the members of the Task Force. 1. Inclusionary Housing Policy Ms Howe-Pullis reviewed the recommendations regarding an Inclusionary Housing Policy: the adoption and enforcement of an Eden Prairie Inclusionary Housing Policy; the encouragement of multifamily developments to be comprised of 100 percent affordable housing units; landlords to be required to accept tenant-based assistance (including Housing Choice/Section 8 vouchers and Elderly Waivers) for affordable housing created pursuant to Eden Prairie’s Inclusionary Housing Policy; and developers to provide and follow Affirmative Fair Housing Marketing Plans for developments to which the Inclusionary Housing Policy applies. CITY COUNCIL MINUTES September 15, 2020 Page 3 Nelson asked what would be considered a 60% Average Median Income (AMI) in Eden Prairie. Ms Howe-Pullis stated the Task Force understood the AMI in Eden Prairie to be $100,000, so 60% AMI would be about $60,000. Case expressed his desire to know more about mandates for both Section 8 vouchers and elderly waivers, including which cities in the metropolitan area or in the U.S. are mandating those. He noted Section 8 vouchers are actual money coming in, whereas the elderly waiver is not a cash payment. 2. Housing Opportunities in Proximity to New Public Transit (SWLRT) Task Force member Terry Farley presented the recommendation regarding housing opportunities in proximity to new public transit. She stated the goal would be to prioritize housing around public transit with convenient access to basic services including places of employment, shopping, restaurants, services and parks. 3. Affordable Housing Trust Fund Ms Farley continued her presentation by describing the recommendation for the creation of an Affordable Housing Trust Fund with the documentation to be general and flexible, allowing for the development and refinement of the goals and processes related to the Fund over time. She noted it is important the contributions to the Trust Fund be tax deductible. The Task Force recommends a potential partnership with the Eden Prairie Community Foundation to help administer and control the Trust Fund. Funds could be used for large projects or to meet small, emergency needs in the community. The City would determine guidelines and allocate Trust funds while leveraging the infrastructure of entities such as Habitat for Humanity. 4. Naturally Occurring Affordable Housing (NOAH) Anne Peacock, Housing Task Force member, presented the Task Force’s recommendations to address aging housing stock to preserve and prevent the decline of naturally occurring affordable housing. She explained the recommendations to identify and document the inventory of potential multifamily NOAH properties in Eden Prairie in anticipation of reaching out to multifamily owners to discuss possible opportunities and gain a sense of owner intent. She also addressed the recommendations to develop partnerships and processes with non- profits that work with Twin Cities NOAH developments and to consider the identification of single family homes which are affordable by virtue of price and condition. 5. Recommendations for Senior Housing Task Force member Joan Palmquist reviewed the recommendation to address the goal to promote senior housing opportunities that increase housing choices and CITY COUNCIL MINUTES September 15, 2020 Page 4 enable seniors who choose to downsize their homes to age in the community. The recommendations included: to create and distribute a listing of resources for seniors to use for assistance in maintaining and converting their properties to senior friendly spaces in order to help seniors age in place; to work with PROP or another local non-profit to test the feasibility of creating a Home Share program for seniors; and to explore a partnership with Habitat for Humanity to participate in the Age Well at Home program. 6. Tenant Protection Ordinance and Practices Kenneth Robinson, Task Force member, addressed the recommendation to incentivize attainable and affordable housing options for lower-income households so they can move to and remain in Eden Prairie. He explained their recommendations to adopt a Tenant Protection Ordinance (TPO) which is triggered by the sale of a multifamily rental property; to require landlords in Eden Prairie to provide each tenant a written notice of Tenant Rights at the time a lease or lease extension is signed; to encourage the City to investigate and, if possible, leverage any inspections of rental housing performed by HUD and Minnesota Housing; and to incorporate inspections with very short notice into an inspection process. Nelson observed we already have an inspection system in place that occurs every four years as well as response to complaints. She wanted to keep that system in place as we explore other options. 7. Other Strategies to Consider Task Force member Emily Seiple reviewed additional strategies to work in partnership with the private and public sector to help envision and finance innovative housing demonstration projects and housing development. Among the strategies recommended for consideration were to investigate Accessory Dwelling Units (ADU) Home Share programs, micro homes, land leases and land trusts, single room occupancy housing, units supporting large families and zoning changes. 8. Communication Strategies Ms Seiple continued her report with the Task Force’s strong recommendation the City develop and implement a communications strategy associated with affordable housing in order to create buy-in from the community. The Task Force recognized the need to educate our community regarding the nature and benefit of housing that allows for a diversity of population, whether by age, cultural, economic or professional diversity. She noted the Task Force also recommended the use of mediation services to promote a stable renter community, execution of long-term successful affordable housing projects, and the reduction of objections from those who have unpleasant perceptions of affordable housing. 9. Next Steps CITY COUNCIL MINUTES September 15, 2020 Page 5 Ms Howe-Pullis wrapped up the presentation by outlining the recommendations for the next steps, including acceptance of the report and all the recommendations included and convening a new or continued subset of the Task Force to assist City staff as the recommendations are discussed further. In addition, the Task Force requested a follow-up meeting or communications with the Mayor and the City Council to be informed of the Council’s decisions, including the next steps to be taken. Ms Howe-Pullis thanked the Council and staff for their help during the work of the Task Force. Case believed this to be a really big deal in light of what is happening this year in the entire country. He assured the Task Force the results presented tonight will get serious consideration, and many of the recommendations will be enacted. He stated the Task Force met and far exceeded his expectations. He especially liked the recommendation regarding inclusionary housing, the Housing Trust Fund, partnerships with non-profits, the NOAH recommendations, partnership with Habitat for Humanity, parts of the Tenant Protection recommendation, and the ADUs. He agreed the Task Force will be included as part of the City Council’s final recommendations. Nelson was impressed by several recommendations she had not thought of. The City needs to consider these ideas and put them in place, and we now have a starting place for that. She sees the City being able to implement most of the recommendations over a period of time. Freiberg thanked the Task Force for their hard work. He commented he sat in on a number of their meetings and encouraged them to think beyond the box. The Task Force put together a very good presentation, and they did think beyond the box. Narayanan thought the job done by the Task Force was amazing. He commended them for summarizing the very complex information into simple recommendations. He related his experience with home sharing when he first came to the United States. Aho appreciated the Task Force’s time and efforts. Their recommendations will definitely impact the decision-making process. MOTION: Narayanan moved, seconded by Nelson, to accept the Housing Task Force’s written report that contains the Task Force’s housing recommendations to the City Council. Motion carried 5-0. VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST CITY COUNCIL MINUTES September 15, 2020 Page 6 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 Ordinance 14-2020 for Zoning District change on 2.66 acres (Ordinance No. 14-2020 for Zoning District Change) D. MINOR SUBDIVISION – 9840 HOMEWARD HILLS ROAD By Ping Zhan and Gregory Kuznecoff. Resolution 2020-89 for minor subdivision on 1.15 acres (Resolution No. 2020-89 for Minor Subdivision) E. ADOPT RESOLUTION NO. 2020-90 APPROVING FINAL PLAT OF PRAIRIE HEIGHTS F. ADOPT RESOLUTION NO. 2020-91 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 MOTION: Aho moved, seconded by Freiberg, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES September 15, 2020 Page 7 MOTION: Nelson moved, seconded by Narayanan, 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 MANAGE 1. Adopt Resolution No. 2020-92 Relating to $7.417 Million General Obligation Refunding Bonds, Series 2020A Getschow said this item includes some refinancing of several bond issues from 2010 to 2012. We will save over $300,000 by the refinancing. Bruce Kimmel, Ehlers Financial, reviewed the details of the four bonds to be refinanced through US Bank. Narayanan asked when the $300,000 savings will be achieved. Mr. Kimmel replied it will occur over a period of time as the bonds are paid off. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2020-92 relating to $7,417,000 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. Narayanan observed the reason we are getting the good rating is because of our AAA bond rating and the other good work we do as a City. VOTE ON THE MOTION: Motion carried 5-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES September 15, 2020 Page 8 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 8:35 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 20, 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 Raffle Organization: Eden Prairie Ducks Unlimited Place: Fat Pants Brewery 8335 Crystal View Road Date: October 25, 2020 Raffle Organization: Eden Prairie Hockey Association Place: EP Community Center 16700 Valley View Road Date: February 11, 2021 On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal Licensee name: Pizza Luce IX, Inc DBA: Pizza Luce 11347 Viking Drive New Liquor License Licensee name: Mi Pueblo Dos, LLC DBA: Mi Pueblo Mexican Restaurant 7942 Mitchell Road #104 Approval is contingent upon passing final inspections and receiving approval by MN Department of Public Safety – Alcohol & Gambling Enforcement and Hennepin County Health Department. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE October 20, 2020 DEPARTMENT / DIVISION David Lindahl/Janet Jeremiah Community Development ITEM DESCRIPTION Approve Amendment to Multijurisdictional Agreement with Hennepin County ITEM NO. VIII.B. Requested Action Move to: Approve amendment to the Multijurisdictional Agreement between Hennepin County and Eden Prairie. Synopsis: The multijurisdictional agreement between Hennepin County and Eden Prairie expires December 31, 2020. The agreement satisfies the statutory requirement for using Hennepin County dollars in cities. The amendment extends the expiration date until December 31, 2025. Background: Hennepin County is using Community Works funding to reimburse Met Council for SWLRT project components within Eden Prairie. The agreement was originally approved in 2017 and does not have a dollar amount or specific projects but provides general concurrence that it is acceptable for Hennepin County to spend Community Works funds in Eden Prairie. The Hennepin County Board will approve the amendment November 3, 2020. Attachment Amendment Page 1 of 3 Contract No. A166830 AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF EDEN PRAIRIE THIS AMENDMENT made and entered into by and between the County of Hennepin, State of Minnesota (“COUNTY”), 300 South Sixth Street, Minneapolis, MN 55487, and the City of Eden Prairie (“CITY”), 8080 Mitchell Road, Eden Prairie, MN 55344. W I T N E S S E T H: WHEREAS, the parties wish to amend Contract No. A166830 in order to extend the term. NOW, THEREFORE, in consideration of the foregoing, the parties agree to amend the Agreement as follows: 1. The last sentence of Section 1 is deleted and replaced with the following: “This agreement shall commence on January 1, 2017 and expire on December 31, 2025.” This Amendment shall be effective as of January 1, 2021. Except as herein amended, the terms, conditions and provisions of said Contract No. A166830 shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY BLANK GREEN LINE EXTENSION AGREEMENT Contract No. A166830 Page 2 of 3 CITY, having signed this Amendment, and the Hennepin County Board of Commissioners having duly approved this Amendment on ____________________, 2020, and pursuant to such approval the proper County officials having signed this Amendment, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney’s Office By: ______________________________ Chair of Its County Board Date: ________________________ ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: Recommended for Approval: Chief Housing and Economic Development Officer Date: CITY OF EDEN PRAIRIE By__________________________________ Its: City Manager Date: ________________________________ City Department Review: _________________________________ Its: Community Development Director Date: ___________________________ Approved as to form: ________________________________ City Attorney GREEN LINE EXTENSION AGREEMENT Contract No. A166830 Page 3 of 3 Date: ___________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE October 20, 2020 DEPARTMENT / DIVISION Department Scott Gerber/Fire Department ITEM DESCRIPTION Approve purchase from Jefferson Fire and Safety of Key Hose ITEM NO. VIII.C. Requested Action Move to: Approve the purchase of replacement attack fire hose for all fire apparatus from, Jefferson Fire and Safety, (Key Hose). Jefferson Fire and Safety quote of $30,495.30 is the low bid and being paid for with 2020 CIP funds allotted for this project. Synopsis This purchase will replace twenty-year-old non-compliant NFPA hose. The new hose will meet current NFPA 1962 hose requirements. Attachments Jefferson Fire and Safety Quote Fire Safety USA Quote CITY COUNCIL AGENDA SECTION: Consent Calendar DATE October 20, 2020 DEPARTMENT / DIVISION Department Scott Gerber/Fire Department ITEM DESCRIPTION Approve purchase from Streicher’s for Personal Protective Equipment for firefighters ITEM NO. VIII.D. Requested Action Move to: Approve the purchase of personal protective equipment for firefighters to be used in hostile event situations for the safety of the firefighters. Streicher’s quote is for $1,759.73 per ensemble. Based on staffing and operational effectiveness we will purchase 57 sets of this personal protective equipment for a total of $100,304.61. Steicher’s products being purchased are on the state bid for purchasing and are being paid for with 2019 CIP funds that were carried forward to complete the project. Prices and bids were sought through Streicher’s, North American Rescue and Armored Express. Through extensive evaluation, it was found that selecting a package plan though Steicher’s was more cost effective than purchasing a-la-carte though other vendors. Synopsis This purchase will provide enhanced personal protective equipment for our firefighters to be used in hostile event situations. The primary example is providing patient care and patient extrication in hostile event situations. Attachment Quote from Steicher’s CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 20, 2020 DEPARTMENT/DIVISION: Jennifer Hassebroek Public Works / Engineering ITEM DESCRIPTION: Adopt a Resolution authorizing Amendment No. 1 to the Hennepin County Residential Recycling Grant Agreement ITEM NO.: VIII.E. Requested Action Move to: Adopt a Resolution authorizing Amendment No. 1 to the Hennepin County Residential Recycling Grant Agreement Synopsis In lieu of adopting a new long-term Residential Recycling Funding Policy, Hennepin County has opted to extend the 2017-2020 Residential Recycling Funding Policy through December 31, 2021 in order to further evaluate any potential changes to the structure of the program. Background Information Hennepin County receives annual funding from the state’s Select Committee on Recycling and the Environment (SCORE) fund and distributes 100% of this money to cities in accordance with the County’s funding policy. Grants are awarded based on the number of households with curbside recycling service and the number of households signed up for and receiving curbside organics recycling. The City’s recycling program must meet several basic requirements to receive funding including: standard materials accepted, partnership on education and outreach (including annual recycling mailer), reporting, and program performance. As Eden Prairie has an open hauling system, some of the funds are distributed to residential customers who are able to recycle curbside. Remaining funds are used for the summer drop off event, education materials and programs, and administration of the recycling and solid waste program. Hennepin County has been shifting a portion of the total SCORE funding available to cities to support and incentivize organics recycling. In 2021, 50% of total funding will be dedicated to support of organics recycling in communities that have organics service. This is the same level as in 2020. In 2020 Eden Prairie received $98,138.53 in recycling grant funding. Attachments • Resolution Authorizing Approval of Amendment No. 1 to the Hennepin County Residential Recycling Grant Agreement • Hennepin County Residential Recycling Grant Agreement – 2017 • Hennepin County Residential Recycling Grant Agreement - Amendment No. 1 to Agreement A166395 • Hennepin County Residential Recycling Funding Policy (Jan. 1, 2017 – Dec. 31, 2021) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-__ RESOLUTION AUTHORIZING APPROVAL OF AMENDMENT NO. 1 TO THE HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT AGREEMENT WHEREAS, pursuant to Minnesota Statute 115A.551, each county must develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal; and WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the City and Hennepin County entered into a four-year Residential Recycling Grant Agreement, Contract No. A166395 from January 1, 2017 through December 31, 2020; and WHEREAS, to be eligible to receive these County funds, cities must meet the conditions set forth in the “funding policy”; and WHEREAS, the County Board, by Resolution No. 20-0197 adopted on June 2, 2020, amended the Hennepin County Residential Recycling Funding Policy to extend the contract period to December 31, 2021, allocate 2021 funds using the same methodology as 2020, allow organics recycling funds to be used for organics drop-off sites, and authorized grant funding for municipal recycling programs consistent with said policy; and NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the approval of Amendment No. 1 to Agreement A166395, extending the term of the Hennepin County Residential Recycling Grant Agreement until December 31, 2021. BE IT FURTHER RESOLVED, that as a condition to receive funds under the Hennepin County Residential Recycling Funding Policy the City agrees to implement recycling programs as committed to by its submission of the Hennepin County Residential Recycling Grant Application. ADOPTED by the Eden Prairie City Council on October, 20, 2020. __________________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk AMENDMENT NO. 1 TO AGREEMENT A166395 This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 (“DEPARTMENT”) and the CITY OF EDEN PRAIRIE, 8080 Mitchell Road, Eden Prairie, Minnesota 55344-2230 (“CITY”). WHEREAS, the COUNTY and the CITY entered into a four-year Residential Recycling Grant Agreement, Contract No. A166395 (“Agreement”), for a residential recycling grant commencing on January 1, 2017; and WHEREAS, the County Board, by Resolution No. 20-0197 adopted on June 2, 2020, amended the Hennepin County Residential Recycling Funding Policy to extend the contract period to December 31, 2021, allocate 2021 funds using the same methodology as 2020, allow organics recycling funds to be used for organics drop-off sites, and authorized grant funding for municipal recycling programs consistent with said policy; and WHEREAS, the parties desire to amend the Agreement to extend the term and incorporate other changes; NOW, THEREFORE, the parties agree that Agreement A166395 is amended as follows: 1. Section 1, TERM AND COST OF THE AGREEMENT, shall be amended to read as follows: This Agreement shall commence upon execution and terminate on December 31, 2021, unless cancelled or terminated earlier in accordance with the provisions herein. 2. Section 2, SERVICES TO BE PROVIDED, shall be amended to read as follows: The CITY shall operate its recycling program in accordance with the requirements described in the County’s amended Residential Recycling Funding Policy (“Policy”), attached as Attachment A and incorporated by this reference, and fulfill the responsibilities of the Policy. 3. Section 3, ALLOCATION OF FUNDS, shall be amended to read as follows: The COUNTY will distribute SCORE funds as described in the Policy. The CITY shall follow the requirements for use of funds described in the Policy. Except as amended, the terms, conditions and provisions of this Agreement shall remain in full force and effect. Hennepin County Residential Recycling Funding Policy January 1, 2017 – December 31, 2021 Board Adopted: June 2, 2020 1 I. Policy Description A. Background The Hennepin County Board of Commissioners has determined that curbside collection of recyclables and organics from Hennepin County residents is an effective strategy to reduce reliance on landfills, prevent pollution, conserve natural resources and energy, improve public health, support the economy, and reduce greenhouse gases. Therefore, the county adopted the goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Recycling Funding Policy to help reach a 75% recycling rate by 2030. The county will distribute all Select Committee on Recycling and the Environment (SCORE) funds received from the state to cities for curbside collection of residential recyclables and organics. If cities form a joint powers organization responsible for managing a comprehensive recycling and waste education system for the residents of those cities, the county will distribute recycling and organics grants to that organization. Cities are expected to fulfill the conditions of the policy. B. Term of the Policy Hennepin County is committed to implement this policy and continue distributing all SCORE funds received from the state for the purpose of funding curbside residential recycling and organics programs from January 1, 2017 through December 31, 2020. The county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. In the event that SCORE funds are eliminated from the state budget or significantly reduced, the county will consult with municipalities at that time and develop a subsequent recommendation to the board on continuation of this policy and future funding of curbside recycling and organics programs. C. Grant Agreements Each municipality seeking funding under the terms of the Residential Recycling Funding Policy must enter into a recycling grant agreement with the county for a term concurrent with the expiration of this policy, December 31, 2020. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. D. Fund Distribution The county will distribute to Hennepin County municipalities 100% of SCORE funds that the county receives from the state. SCORE funds will be dedicated to two different purposes: 1) 2 curbside recycling and 2) curbside organics recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management (SWM) tax on garbage services. SCORE funds are subject to change based on the SWM tax revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the county in the state’s corresponding fiscal year. II. Recycling A. Allocation of Funds The following formula will be utilized to determine a city’s recycling SCORE grant each year. Percent of SCORE funds allocated to curbside recycling: 2017 80% 2018 70% 2019 60% 2020 50% 2021 50% City recycling grant calculation: Number of households with curbside recycling in city ------------------------------- Total number of households with curbside recycling in county x Total SCORE Funds available for recycling = Recycling grant amount available to the city Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where each housing unit sets out its own recycling container for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. The city will report the number in its application for funding. B. Application for Funding Each municipality must complete an annual grant application by February 15 to receive funding for that year. The application consists of a web-based report and a planning document provided 3 by the county. The web-based report asks for contract, program, tonnage, and financial information. The participation rate for the curbside recycling program must also be included in the web-based report. The municipality must calculate its participation rate during the month of October. The methodology for measuring participation must be provided to the county upon request. The planning document asks for a description of activities the city will implement to increase recycling and make progress toward county objectives. C. Use of Funds The following requirements apply to the use of recycling funds: 1. All grant funds accepted from the county must be used for waste reduction and recycling capital and operating expenses in the year granted. The county will not reimburse any funds in excess of actual expenses. 2. A municipality or joint powers organization may not charge its residents through property tax, utility fees, or any other method for the portion of its recycling program costs that are funded by county grant funds. 3. Municipalities must establish a separate accounting mechanism, such as a project number, activity number, or fund that will separate recycling revenues and expenditures from other municipal activities, including solid waste and yard waste activities. 4. Recycling and waste reduction activities, revenues, and expenditures are subject to audit. 5. Municipalities that do not contract for curbside recycling services will receive grant funds provided that at least 90% of the grant funds are credited back to residents and the city meets all minimum program requirements. The additional 10% may be used for waste reduction and recycling expenses. The county may waive this requirement if the city negotiates a recycling improvement plan with the county. D. City Requirements 1. Materials Accepted At a minimum, the following materials must be collected curbside: • Metal food and beverage cans; • Glass food and beverage containers; • Cardboard boxes; • Newspaper and inserts; 4 • Mail, office and school papers; • Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes; • Boxes from toothpaste, medications and other toiletries; • Magazines and catalogs; • Aseptic and gable-topped containers; and • Plastic bottles and containers, #1 – Polyethylene Terephthalate (PET, PETE), #2 High Density Polyethylene (HDPE), #4 – Low Density Polyethylene (LDPE) and #5 – Polypropylene (PP) plastic bottles, except those that previously contained hazardous materials or motor oil. The county may add materials to this list and require municipalities to begin collection within one year of receiving notification from the county. Municipalities will notify the county if materials not found on this list will be collected. 2. Education and Outreach The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. In order to continue this partnership and increase these efforts, program activities of municipalities must be coordinated with county and regional efforts. Municipalities must adhere to the following requirements: a. Use county terminology when describing recycling guidelines, including the description of materials accepted and not accepted, preparation guidelines, and promotional materials; b. Use images provided by the county or the Solid Waste Management Coordinating Board (SWMCB) if using images of recyclables; c. Provide recycling information on the city’s website, including materials accepted and not accepted, a recycling calendar, and links to county resources; d. Mail a recycling guide to residents each year using a template developed jointly with the county. The county will design and print the guide. If a municipality does not use the template produced by the county, the municipality may develop its own guide at the municipality’s expense, but it must be approved by the county. If the municipality relies on the hauler to provide the recycling guide, this guide requires approval by the county. e. Complete two educational activities from a menu of options developed by the county. 5 Any print material that communicates residential recycling guidelines that were not provided by the county template will require county approval. This does not apply to waste reduction and reuse, articles on recycling that do not include guidelines, or social media posts. The county will respond within five business days to any communication piece submitted. 3. Recycling Performance On an annual basis, municipal recycling programs must demonstrate that a reasonable effort has been made to maintain and increase the pounds of recyclables per household collected from their residential recycling programs. If a municipality does not demonstrate measurable progress, a recycling improvement plan must be submitted by the municipality within 90 days of being notified by the county. The recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken by the municipality to improve its recycling program to yield the results necessary to achieve county objectives. In cooperation with the county, the municipality may be required to participate in waste and recycling sorts to identify recovery levels of various recyclables in its community. Based on the results of the study, the county and municipality will collaborate to increase the recovery of select recyclable materials being discarded in significant quantities. E. Grant Payments The county will make two equal payments to the municipality. One payment will be made after the county receives the application, which consists of the web-based report and the planning document. A second payment will be made after basic program requirements, education and outreach requirements, and recycling performance have been confirmed and approved. If the municipality meets the county requirements, both payments will be made during the same calendar year. Funding will be withheld until the municipality meets the requirements of this policy. III. Organics Recycling A. Allocation of Funds The following formula will be utilized to determine a city’s organics recycling SCORE grant each year: 6 Percent of SCORE funds allocated to curbside organics recycling: 2017 20% 2018 30% 2019 40% 2020 50% 2021 50% City organics recycling grant calculation: Number of households with curbside organics in city --------------------------------- Total number of households with curbside organics in county x Total SCORE funds available for organics = Organics grant amount available to the city If the formula above results in cities receiving grants where the dollar amount per participating household is greater than $25 per year, then a cap will apply. The funding cap per participating household is $25 per year. The most the county will grant a city is $25 per participating household per year. If funds are left over because of the cap, those funds will carry over into the following year’s SCORE funds. Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where the household is signed up for organics service and the household sets out its own container with organics for curbside collection. The number of eligible households will be determined by counting the number of eligible households on September 1 of each funding year. The city will report the number in the application for funding. B. Application for Funds Each municipality must complete an annual application provided by the county by September 1 to receive funding. As a part of the application, a city must submit the number of households signed up for and receiving curbside organics service. C. Use of Funds The grant funds may be used for program expenses, including the following: • Discount to new customers • Discount to existing customers 7 • Referral incentives • City contract costs • Education and outreach • Compostable bags • Kitchen containers • Carts • Organics drop-off sites Program administration is not an eligible expense. Yard waste expenses are not eligible. If organics are co-collected with other waste, the organics expenses must be tracked separately. If a city passes funds through to a hauler, 100% of those funds must be credited to residents’ bills. In addition, the following requirements apply: • All grant funds must be used during the term of the agreement. Funds not spent must be returned to the county. • Funds must be expended on eligible activities per Minnesota State Statute 115A.557. • A municipality or joint powers organization may not charge its residents through property tax, utility fees, or any other method for the portion of its organics program costs that are funded by county grant funds. • Municipalities must account for organics expenditures separately upon request by the county. Expenditures are subject to audit. D. Education and Outreach Requirements The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. In order to continue this partnership and increase these efforts, program activities of municipalities must be coordinated with county and regional efforts. The following requirements apply: 1. Use county terminology when describing organics recycling guidelines, including the description of materials accepted and not accepted, preparation guidelines, and promotional materials; 2. Use images provided by the county or the SWMCB if using images of organic materials; 3. Provide organics recycling information on the city’s website, including material accepted and not accepted, service options, and links to county resources; 4. Work with the county to develop promotional resources to increase participation. 8 E. Reporting A report on the city’s organics program must be submitted electronically to the county by February 15 following each year. The report must include, but is not limited to, the following: Basic Program Information • Hauler(s) • Collection method • Where organics were delivered to and processed • Is service opt-in or opt-out • Cost of service to residents; contract cost for city • How the service was billed • Items included in service, such as curbside collection, cart, compostable bags, etc. Results • Tons • Number of households signed up • Average pounds per household per year • Participation (set-out rate on pickup day) • Program costs • How funds were used F. Grant Payment The county will make one organics grant payment to a municipality each year. The payment will be made after the county receives the application and confirms that the municipality meets the requirements of this policy. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 20, 2020 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: #16-5940 Approve Change Order 7 for the Preserve Boulevard Reconstruction Project ITEM NO.: VIII.F. Requested Action Move to: Approve Change Order 7 for the Preserve Boulevard Reconstruction project. Synopsis Change Order 7 consists of added scope to the project for the replacement of plow damaged curb & gutter, additional traffic control for extending the pavement work and lowering a hydrant due to unforeseen site conditions. The total costs for Change Order 7 are $34,439.52. Staff recommends approval of the changes. Background Information More detail and background is included with the attached change order forms. Attachment Change Order No.7 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 20, 2020 DEPARTMENT / DIVISION: Public Works Paul Schlueter / Fleet Services ITEM DESCRIPTION: 2021 Vehicle & Equipment Replacement Fund Schedule ITEM NO.: VIII.G. Requested Action Move to: Approve contingent upon 2021 budget approvals, the 2021 purchase of replacement vehicles and equipment as itemized on the attached Schedules and approve the early ordering of three (3) Dodge Charger squad cars. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule to determine the spending amount that is included for approval in the operating budget. Staff has finalized the details of each replacement/purchase, including testing the vehicles against our replacement policy guidelines. The final list is attached and submitted for approval. The planned Fleet Capital Internal Service Fund purchase expenditures for 2021 are $636,040.00. The planned Utilities Enterprise Fund purchase expenditures for 2021 are $129,000.00. Staff is also requesting authorization to order the three (3) Dodge Charger squad cars at this time. Over the past year, Dodge Charger squad cars have been in high demand and ordering our 2021 Dodge Charges now will give us the best chance of actually getting these cars in 2021. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. Attachment 2021 Replacement Vehicle and Equipment Purchase Lists TO: Robert Ellis FROM: Paul Schlueter DATE: October 20, 2020 SUBJECT: 2021 Replacement Vehicle & Equipment Purchases—Fleet Capital Internal Service Fund Here is the list of replacement vehicles and equipment for calendar year 2021 funded through the Fleet Capital Internal Service Fund. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Replacement Total Cost Streets 128 ¾ - Ton 4X4 Reg. Cab Pickup with Plow & Lift Gate $48,000 Subtotal $48,000 Police 232 Dodge Charger AWD (Includes Lights & Equipment Setup) $43,250 237 Tesla Model-Y (Includes Lights & Equipment Setup) $67,290 238 Dodge Charger AWD (Includes Lights & Equipment Setup) $43,250 265 Dodge Charger AWD (Includes Lights & Equipment Setup) $43,250 Subtotal $197,040 Fire Dept. 310 Ford Utility Hybrid $45,000 348 ½ - Ton 4X4 Extended Cab Pickup $39,000 365 1 – Ton Long Box 4X4 Crew Cab Pickup $47,000 Subtotal $ 131,000 Park Maintenance 450 Midsize 4X4 Crew Cab Pickup $32,000 457 Midsize 4X4 Crew Cab Pickup $32,000 458 3/4 –Ton 4X4 Regular Cab Pickup with Western Plow $43,000 480 Toro 5900 16’ Mower $118,000 Subtotal $ 225,000 Facilities 511 Full Size Van with Tool Shelving $35,000 Subtotal $ 35,000 Total all purchases $636,040 Less salvage value $125,000 Total Equipment Fund $511,040 TO: Robert Ellis FROM: Paul Schlueter DATE: October 20, 2020 SUBJECT: 2021 Replacement Vehicle & Equipment Purchases—Utilities Enterprise Fund (Water, Sewer, Storm) Here is the list of replacement vehicles and equipment for calendar year 2021 funded through the Utilities Enterprise Fund. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Replacement Total Cost Water/Utility 704 7-Passenger Minivan $26,000 706 ¾ Ton Extended Cab Pickup with Plow $45,000 714 ¾ Ton Extended Cab Pickup with Plow $45,000 770 Toro Z-Master 5000 Series $13,000 Sub Total $129,000 Less salvage value $30,000 Total Equipment Fund $99,000 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 20, 2020 DEPARTMENT / DIVISION: Public Works Paul Schlueter / Fleet Services ITEM DESCRIPTION: Surplus Vehicles & Equipment ITEM NO.: VIII.H. Requested Action Move to: Declare the attached list of property as “surplus property” and available for sale or disposal through authorized methods. Synopsis Fleet Services provides retirement of surplus property (equipment/vehicles). The sale of used vehicles and equipment helps fund the purchase of new vehicles and equipment. The equipment and vehicles are auctioned in accordance with City Code 2.86 Subdivision. 3. Disposal of excess property. Background Information The City of Eden Prairie has agreements in place with Fahey Sales, the State of Minnesota, Department of Administration Surplus Services and other on-line auction services to participate in their regularly scheduled vehicle and equipment auctions. Occasionally depending on the vehicle or equipment, a minimum auction reserve amount is set and if not met, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city’s Purchasing Policy and City code. Attachment 2021 Vehicle / Equipment Auction List TO: Robert Ellis FROM: Paul Schlueter DATE: October 20, 2020 SUBJECT: 2021 Auction Vehicles & Equipment Fleet Services is requesting authority to dispose of vehicles and equipment as noted below. All vehicles and equipment listed will be sold via Public Auction through an approved auction service that meets the requirements of our Purchasing Policy and City code. Certain vehicles or equipment will have minimum auction reserves set and in the event the equipment does not sell at auction, other avenues such as equipment trade-ins will be utilized to obtain the maximum sale value. Vehicles & Equipment: Unit Year Unit Serial Number Vehicle / Equipment Make Vehicle / Equipment Model Estimated Auction Sale Amount 128 2011 1GT02ZC85BF216748 Chevrolet 2500HD $12,000 176 2006 1FVACYDC36HW42192 Freightliner M2-106 $18,000 231 2016 2C3CDXKT4GH206563 Dodge Charger $6,000 237 2016 2C3CDXKT2GH229520 Dodge Charger $6,000 252 2017 1FM5K8AR4HGC26178 Ford Explorer $7,000 265 2017 1FM5K8ARXHGA37292 Ford Explorer $7,000 310 2014 1FMCU9GX0EUD09908 Ford Escape $5,000 348 2011 1FTFX1ET9BKD72135 Ford F-150 $8,000 365 2004 1FTSF31S34ED66245 Ford F-350 $10,000 450 2012 1GCESBF92C8155804 Chevrolet Colorado $4,000 457 2014 1C4RJFAG7EC452391 Jeep Grand Cherokee $6,000 458 2012 1GC0KVC81CZ313180 Chevrolet 2500HD $12,000 480 2011 S311000205 Toro 5900 $20,000 511 2011 NM0LS7DN4BT068368 Ford Transit Connect $4,000 704 2005 1D4GP24R05B158366 Dodge Caravan $2,000 706 2011 1GT22ZC81BZ258387 Chevrolet 2500HD $12,000 714 2011 1GT22ZC8XBZ363610 Chevrolet 2500HD $12,000 770 2010 290000379 Toro Z-Master G3 $2,000 771 2010 310000144 Toro Grand Stand $2,000 Total $155,000 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 20, 2020 DEPARTMENT / DIVISION: Public Works Paul Schlueter / Fleet Services ITEM DESCRIPTION: Authorize Purchase of a Fully-Electric Vehicle ITEM NO.: VIII.I. Requested Action Move to: Approve the purchase of a new Tesla Model-Y Long Range AWD model vehicle for a cost of $52,290.00 and authorize the negotiation and execution by the Mayor and City Manager of a Purchase Agreement for the vehicle Synopsis As part of the City’s sustainability program, and in support of the proposed Climate Action Plan, the Fleet Services Division has been working with the Police Department to pilot test a fully electric squad car in the patrol fleet. Fully-electric vehicles have a higher initial purchase cost as compared to internal combustion engine models but they also have much lower life cycle operating costs due to the elimination of gasoline consumption and having fewer mechanical parts for repair and maintenance. It is estimated that the initial purchase cost plus the lifetime fuel and maintenance costs will be similar for the fully-electric and gasoline engine models. However, the fully-electric model will have the added benefit of producing far less greenhouse gas emissions. To meet the needs of the officer a patrol car must have a high performing drive train that is capable of pursuit as well as the capacity to hold passengers in the rear seats. A patrol car also needs to have a robust electrical system to support the many added devices and systems used in a squad car. Finally, a patrol car needs to have adequate range to function through an entire shift. After researching all available models and examining performance and costs, staff determined that a Tesla Model-Y is the only model that meets all of the Police Department’s needs and is the appropriate vehicle for this pilot program. Because no other manufacturer offers a fully electric vehicle that meets the City’s specifications, it was not possible to obtain multiple quotes. Fleet Services will purchase the new Model-Y directly through a Tesla Business Account. Fleet Services is requesting authority to purchase the new Model-Y for $52,290.00. Tesla also requires the City to sign a Purchase Agreement before it will process the order. Upon Council’s approval of the purchase, staff will work with the City Attorney to negotiate the terms of that Purchase Agreement so they are reasonably consistent with the City’s standard purchasing contracts. Fleet Services is also requesting that the Council authorize the exeuction of the Purchase Agreement by the Mayor and City Manager once the terms are finalized. As with any squad car, the City will incur additional expenses for emergency lighting, push bumper and interior accessories but these expenses should be in line with the same expenses incurred with our standard squad car setup. Background Information In mid-2019, Fleet Services Division began discussions with the Police Department on the possibility of configuring an all-electric patrol car for daily use by the Patrol Division. A group was formed to research the feasibility of doing a test project and they recently determined that the most appropriate vehicle to support this effort would be the new Tesla Model-Y. Once purchased, this Tesla Model-Y will be up-fitted with all of the same equipment that our regular squad cars have and will be assigned to patrol duty. We anticipate operating this vehicle for at least 100,000 miles of general patrol use. During that time we will continually evaluate the overall performance as compared to a regular patrol cars. We anticipate that the all-electric option will perform equitably as compared to our regular patrol cars and that the test results will lead to similar innovations for the future. Attachment 2021 Tesla Model-Y Purchase Order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aul Schlueter pschlueter@edenprairie.org 237 10/09/2020 City of Eden Prairie 15150 Technology Drive Eden Prairie 8021767 410855460 ✔ Minnesota Registration Not Required Marked Emergency Vehicle None City of Eden Prairie 15150 Technology Drive Eden Prairie MN 55344 League of MN Cities CMC1002996 6/1/2021 ✔ ✔ Paul Schlueter pschlueter@edenprairie.org 952-294-5936 15150 Technology Drive Eden Prairie MN 55344 Paul Schlueter pschlueter@edenprairie.org 952-294-5936 Maintenance Facility One (1) Y - Long Range AWD Model 2021 Sloan Cinelli scinelli@tesla.com 10/12/2020 328QLW 'DWH6XEPLWWHG 3XUFKDVLQJ$JHQW1DPH 3XUFKDVLQJ$JHQW(PDLO 5(6(59$7,21180%(5 257(6/$86(21/< 9(+,&/(35,&( )257(6/$86(21/< 9(+,&/(&21),*85$7,21 P 85&+$6(25'(5 3$*(2)3/($6(&217$&71$(17(535,6(6$/(6#7(6/$&20)2548(67,21621&203/(7,1*7+,6)250 385&+$6(25'(55(9 )257(6/$86(21/<2UGHU9DOLGDWLRQ 7(6/$&217$&7 7(6/$(0$,/ '$7($&&(37(' 7(6/$6,*1$785( Paul Schlueter pschlueter@edenprairie.org 237 10/09/2020 Tesla Model-Y Long Range AWD with Soild Black Paint. No additional options requested. - TBD - $52,290.00 Sloan Cinelli scinelli@tesla.com 10/12/2020 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 20, 2020 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Accept Proposals and Award Contract for Treatment of Ash Trees to Rainbow Treecare ITEM NO.: VIII.J. Motion Move to: Accept the proposals and authorize entering into a contract with Rainbow Treecare for the Treatment of Ash Trees on City Property over the next three years at a cost not to exceed $57,820.80. Synopsis As part of the ongoing EAB Management Plan, staff is proposing to continue to chemically treat approximately 1000 ash trees located on City property. In 2018, Council approved a contract with Rainbow Treecare to begin treating ash trees. The proposed ash trees were treated over a three-year treatment period, with approximately 1/3 being treated every year. Studies have shown that trees must be treated at a minimum of every three years to be effective in the control of EAB. This contract would continue the chemical applications for an additional three years. Background Staff has been closely monitoring the spread of emerald ash borer since it was first discovered in St. Paul in 2009. With the discovery of EAB in Eden Prairie, staff took a closer look at our management strategies and how this pest may affect the City. By using a strategic management plan of both treatment and removal, the City can spread the cost, environmental impacts, and liabilities associated with EAB over a longer period of time. The goal of the City’s management plan is to protect large, high quality, well placed ash trees through chemical treatment while removing smaller and lesser quality trees and replacing them with a more diverse urban forest. Staff solicited bids from three contractors and received quotes from two, Rainbow Treecare and Davey Tree. Bid Results Trees <20” Trees 20” + Rainbow Treecare $3.40/in $3.60/in Davey Tree $4.48/in $5.48/in Attachment Standard Agreement for Contract Services with Rainbow Treecare 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 20th 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 Rainbow Treecare, a Minnesota Company(hereinafter "Contractor") whose business address is 11571 K-Tel Drive, Minnetonka, MN 55343. 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 Tree Injection Services 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 20, 2020. The Work shall be completed by September 2023. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 21 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 per tree based on the tree size outlined in Exhibit A, with total payments made in the three year period not to exceed $57,820.80 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 similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 21 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 21 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 21 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 21 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 21 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 21 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 21 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 21 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 21 Exhibit A Scope of Work Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 21 Standard Agreement for Contract Services 2017 06 01.01 Page 13 of 21 Standard Agreement for Contract Services 2017 06 01.01 Page 14 of 21 Standard Agreement for Contract Services 2017 06 01.01 Page 15 of 21 Standard Agreement for Contract Services 2017 06 01.01 Page 16 of 21 Standard Agreement for Contract Services 2017 06 01.01 Page 17 of 21 Standard Agreement for Contract Services 2017 06 01.01 Page 18 of 21 Standard Agreement for Contract Services 2017 06 01.01 Page 19 of 21 Standard Agreement for Contract Services 2017 06 01.01 Page 20 of 21 Standard Agreement for Contract Services 2017 06 01.01 Page 21 of 21 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 20, 2020 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Extend Agreement with Native Resource Preservation, LLC for Native Conversion Site Maintenance ITEM NO.: VIII.K. Requested Action Move to: Extend the Agreement with Native Resources Preservation, LLC for the maintenance of the native plant conversion areas through November 2021. Synopsis For the past 6 years, the City has worked with contractors to convert areas of City property to native planting areas that had previously been maintained as mowed turf. We have also included new native planting areas into many of our recent park improvement projects. In May of this year, the City entered into an agreement for the maintenance of many of these areas with NRP. The term of this agreement was for one year with the option to extend the agreement if both parties agree. Background As part of the Sustainable Eden Prairie initiative, City staff has continued to identify areas of City property that are being maintained as mowed turf that could be converted to native prairie planting areas. These areas primarily serve little purpose as mowed turf or are in locations that can easily be used as education plots for native plantings. Because these types of conversions can be labor intensive for multiple years and take some time to mature, the City will in most cases enter into a contract to maintain the area for the first three years after the initial conversion to ensure the project is successful. After that initial planting or three year contract, staff is able to conduct some of the maintenance tasks required to maintain these areas, while other tasks are handle more efficiently by a contractor. Multiple contracts for conversion sites that were planted in 2017 and 2018 will expire at the end of 2021, and so staff is requesting to extend the maintenance contract with NRP for one year to then align with the contract term of these sites. Staff will then be able to reevaluate the condition and maintenance needs for many of our native planting sites at one time to determine our needs moving forward. Attachments Extension to Agreement with Native Resources Preservation LLC 2020 Native Planting Maintenance Contract 1 Extension To Agreement with Native Resources Preservation LLC This Extension to Agreement for Contracted Services (Extension) is made on the 20th 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 Native Resource Preservation LLC, a Minnesota Company (hereinafter "Contractor") whose business address is 260 Wentworth Ave E, Suite 155, West St Paul, MN 55118. WHEREAS City and Contractor entered into an Agreement for Contracted Services on the 5th day of May, 2020 for the work described in Exhibit A thereto; and WHEREAS City and Contractor desire to extend the Agreement for an additional one year. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Effective Date and Term of Agreement: City and Contractor agree to extend the Agreement for an additional one year from the end date of the original Agreement. 2. Compensation for Services: The City agrees to pay the contractor at the same rate as described on “City of Eden Prairie Native Plantings Maintenance Bid Request – 2020” for the extension period. 3. Entire Agreement. This Extension constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Extension, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect. 4. Binding. This Extension shall be binding upon and unsure to the benefit of the parties hereto. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager Native Resource Preservation, LLC By: ________________________________ 2 Its: ________________________________ CITY COUNCIL AGENDA SECTION: Public Hearing DATE: October 20, 2020 DEPARTMENT/DIVISION: Denise Christensen Public Works / Engineering ITEM DESCRIPTION: Special Assessment Hearing for the Approval of the 2020 Special Assessments ITEM NO.: IX.A. Requested Action Move to: Close the public hearing for the approval of the 2020 Special Assessments and; Adopt the resolution approving all Special Assessments presented in the fall of 2020. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. Staff recommends Council approve the list of assessments. Background Information City Council established the amount to be assessed for the Fall 2020 assessment hearing at its regular meeting on September 15, 2020. See Exhibit A for the list of Projects and Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2020 is $1,075,892.10. Attachments Resolution Exhibit A Published Notice Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2020 until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2021. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. APPROVED on October 20, 2020 Ronald A. Case, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk EXHIBIT A 1. I.C. 13-5844 Eden Prairie Road Extension to Flying Cloud Drive (CSAH 61) Improvements Project Cost: $227,045.00 Net Assessment: $227,045.00 Property Owner Parcel PID# Years / % Total Amount Deferred Amount 2020 Amount Dean & Karen Edstrom 29-116-22-43-0001 20 Years at 3.43% $17,465.00 $17,465.00 $0.00 Adam Buenz 29-116-22-43-0003 20 Years at 3.43% $34,930.00 $17,465.00 $17,465.00 Perry & Michelle Ryan 29-116-22-43-0006 20 Years at 3.43% $17,465.00 $17,465.00 $0.00 Dean & Karen Edstrom 29-116-22-44-0004 20 Years at 3.43% $17,465.00 $0.00 $17,465.00 Mary Lou Carlson Trustee 29-116-22-44-0005 20 Years at 3.43% $17,465.00 $0.00 $17,465.00 Richard & Mary Lou Carlson 29-116-22-44-0012 20 Years at 3.43% $17,465.00 $17,465.00 $0.00 Joel & Kelly Wiegert 29-116-22-44-0014 20 Years at 3.43% $52,395.00 $34,930.00 $17,465.00 Dean & Karen Edstrom 29-116-22-44-0016 20 Years at 3.43% $34,930.00 $34,930.00 $0.00 Michelle M Wolter 29-116-22-44-0032 20 Years at 3.43% $17,465.00 $17,465.00 $0.00 Supplementals IC 13-5844 Utilities Parcel PID # Years / % 2020 Amount Bert A Notermann Et Al 29-116-22-44-0020 (ORIGINAL/PARENT PARCEL) 12 Years at 3.43% $237,601.00 Lot 1, Block 1, Spring Heights 2nd Addition (New Lot from Original) 12 Years at 3.43% $237,601.00 Trunks & Connection Fees Bert A Notermann Et Al 29-116-22-44-0020 (ORIGINAL/PARENT PARCEL) 12 Years at 3.43% $334,087.95 Lot 1, Block 1, Spring Heights 2nd Addition (New Lot from Original) 12 Years at 3.43% $334,087.95 SAC & WAC Fees Bert A Notermann Et Al 29-116-22-44-0020 (ORIGINAL/PARENT PARCEL) 12 Years at 3.43% $74,200.00 Lot 1, Block 1, Spring Heights 2nd Addition (New Lot from Original) 12 Years at 3.43% $74,200.00 Trunk Sewer and Water Eden Ridge LLC 09-116-22-32-0005 (ORIGINAL/PARENT PARCEL) 5 Years at 3.43% $1,741.76 Eden Ridge, LLC 09-116-22-32-0006 (ORIGINAL/PARENT PARCEL) 5 Years at 3.43% $1,741.76 Eden Ridge, LLC 09-116-22-32-0056 (New Lot from Original) 5 Years at 3.43% $348.35 Eden Ridge, LLC 09-116-22-32-0057 (New Lot from Original) 5 Years at 3.43% $348.35 Eden Ridge, LLC 09-116-22-32-0058 (New Lot from Original) 5 Years at 3.43% $348.35 Eden Ridge, LLC 09-116-22-32-0059 (New Lot from Original) 5 Years at 3.43% $348.35 Eden Ridge, LLC 09-116-22-32-0060 (New Lot from Original) 5 Years at 3.43% $348.35 Eden Ridge, LLC 09-116-22-32-0061 (New Lot from Original) 5 Years at 3.43% $348.35 Eden Ridge, LLC 09-116-22-32-0062 (New Lot from Original) 5 Years at 3.43% $348.35 Eden Ridge, LLC 09-116-22-32-0063 (New Lot from Original) 5 Years at 3.43% $348.35 Eden Ridge, LLC 09-116-22-32-0064 (New Lot from Original) 5 Years at 3.43% $348.35 Eden Ridge, LLC 09-116-22-32-0065 (New Lot from Original) 5 Years at 3.43% $348.38 Highland Oaks LLC 10-116-22-11-0004 5 Years at 3.43% $53,277.29 Opus Development Company, LLC 12-116-22-13-0013 5 Years at 3.43% $10,885.00 Schaefco Development, LLC 17-116-22-13-0193 5 Years at 3.43% $856.10 Schaefco Development, LLC 17-116-22-13-0194 5 Years at 3.43% $856.06 Schaefco Development, LLC 17-116-22-13-0195 5 Years at 3.43% $856.06 Schaefco Development, LLC 17-116-22-13-0196 5 Years at 3.43% $856.06 Schaefco Development, LLC 17-116-22-13-0197 5 Years at 3.43% $856.06 Schaefco Development, LLC 17-116-22-13-0198 5 Years at 3.43% $856.06 Schaefco Development, LLC 17-116-22-13-0199 5 Years at 3.43% $856.06 Schaefco Development, LLC 17-116-22-13-0200 5 Years at 3.43% $856.06 Schaefco Development, LLC 17-116-22-13-0201 5 Years at 3.43% $856.06 Schaefco Development, LLC 17-116-22-13-0202 5 Years at 3.43% $856.06 Custom One Homes LLC 20-116-22-34-0059 5 Years at 3.43% $5,424.68 West Bay Homes Corporation 20-116-22-34-0060 5 Years at 3.43% $5,424.72 Custom One Homes LLC 20-116-22-34-0061 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0062 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0063 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0064 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0065 5 Years at 3.43% $5,424.72 Custom One Homes LLC 20-116-22-34-0066 5 Years at 3.43% $5,424.72 Distinctive Design Build LLC 20-116-22-34-0067 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0068 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0069 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0070 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0071 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0072 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0073 5 Years at 3.43% $5,424.72 West Bay Homes Corporation 20-116-22-34-0074 5 Years at 3.43% $5,424.72 Ryan & Danielle Brady 29-116-22-21-0073 5 Years at 3.43% $5,424.72 Trunk Water David E Hadley 12-116-22-43-0002 5 Years at 3.43% $220.00 IC 01-5537 Trunk Sewer & Water Exclusions Michael C & Roxanne S Neuharth Trust 29-116-22-12-0005 5 Years at 3.43% $520.00 Christian & Deborah Kline 29-116-22-13-0012 5 Years at 3.43% $520.00 Kenneth & Kathleen Griffith 29-116-22-31-0003 5 Years at 3.43% $520.00 Kenneth & Kathleen Griffith 29-116-22-31-0004 5 Years at 3.43% $520.00 Michael & Ann Miller 29-116-22-31-0005 5 Years at 3.43% $520.00 Diane J. O'Brien Revocable Trust 29-116-22-31-0007 5 Years at 3.43% $520.00 Dr. F. M. Allis 29-116-22-34-0005 5 Years at 3.43% $520.00 Chris Bunn & Colleen Fitzgerald-Bunn 29-116-22-42-0012 5 Years at 3.43% $520.00 Michelle M Wolter 29-116-22-44-0032 5 Years at 3.43% $520.00 IC 01-5537 Trunk Lateral Exclusion Christian & Deborah Kline 29-116-22-13-0012 5 Years at 3.43% $2,817.70 Water Connection Fee David E Hadley 12-116-22-43-0002 5 Years at 3.43% $8,858.80 Tree Removal Oneneck Data Ctr Holdings LLC 01-116-22-43-0014 1 Year at 3.43% $1,220.00 John & Kelly Harrington 02-116-22-21-0023 1 Year at 3.43% $1,134.00 Valerie Guralnik & Albert Guralnik 10-116-22-14-0185 1 Year at 3.43% $625.00 Liberty Property Ltd Ptnrsp 12-116-22-12-0003 1 Year at 3.43% $2,280.00 Main Street School of Performing Arts ABC 12-116-22-24-0006 1 Year at 3.43% $1,790.00 FPACP3 WATERTOWER LLC 14-116-22-24-0027 1 Year at 3.43% $635.00 Windsong Two Owners Assoc 15-116-22-42-0023 1 Year at 3.43% $900.00 Tall Grass & Weed Removal Odell H Almond 04-116-22-23-0026 1 Year at 3.43% $536.00 Weibo Shieh & Haihui Yu 06-116-22-22-0111 1 Year at 3.43% $222.00 Saada Migui & Mahad Moge 07-116-22-21-0068 1 Year at 3.43% $222.00 HPA JV Borrowr 2019-1 ML LLC 07-116-22-22-0027 1 Year at 3.43% $157.00 L. A Donnay 07-116-22-41-0048 1 Year at 3.43% $222.00 Valerie Guralnik & Albert Guralnik 09-116-22-31-0011 1 Year at 3.43% $222.00 David Fogarty & Robert Fogarty 13-116-22-33-0009 1 Year at 3.43% $157.00 Store Master Funding V LLC 14-116-22-23-0014 1 Year at 3.43% $457.00 Wal-Mart Estate Bus Trust 14-116-22-24-0025 1 Year at 3.43% $222.00 Restaurant Units Corp. 14-116-22-31-0031 1 Year at 3.43% $1,881.50 Ben Herda 15-116-22-33-0124 1 Year at 3.43% $222.00 Jeffery A Knutson & Katrina S Juujarvi 16-116-22-44-0045 1 Year at 3.43% $222.00 Restaurant Units Corp. 17-116-22-11-0023 1 Year at 3.43% $1,831.50 Ruogu Wang & Qiunan Liang 20-116-22-22-0044 1 Year at 3.43% $222.00 David B Chhen 22-116-22-21-0195 1 Year at 3.43% $232.00 Abdirahman F Aweis 26-116-22-24-0027 1 Year at 3.43% $222.00 Pioneer Trail Holdings LLC 27-116-22-14-0037 1 Year at 3.43% $222.00 RESI SFR SUB, LLC 35-116-22-14-0033 1 Year at 3.43% $222.00 NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 20, 2020 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota: PROJECT I.C. 13-5844 The Project consists of improvements to the Eden Prairie Road extension to Flying Cloud Drive (CSAH 61) improvements. The area to be assessed consists of the property north of Flying Cloud Drive benefitting from the Eden Prairie Road improvements. 29-116-22-43-0001 29-116-22-43-0003 29-116-22-43-0006 29-116-22-44-0004 29-116-22-44-0005 29-116-22-44-0012 29-116-22-44-0014 29-116-22-44-0016 29-116-22-44-0032 The total amount to be assessed is $227,045.00. SUPPLEMENTALS IC 13-5844 Utilities 29-116-22-44-0020 The total amount to be assessed is $237,601.00 Trunks & Connection Fees 29-116-22-44-0020 The total amount to be assessed is $334,087.95 SAC & WAC Fees 29-116-22-44-0020 The total amount to be assessed is $75,525.00 Trunk Sewer and Water 09-116-22-32-0005 09-116-22-32-0006 10-116-22-11-0004 12-116-22-13-0013 17-116-22-13-0193 17-116-22-13-0194 17-116-22-13-0195 17-116-22-13-0196 17-116-22-13-0197 17-116-22-13-0198 17-116-22-13-0199 17-116-22-13-0200 17-116-22-13-0201 17-116-22-13-0202 20-116-22-34-0059 20-116-22-34-0060 20-116-22-34-0061 20-116-22-34-0062 20-116-22-34-0063 20-116-22-34-0064 20-116-22-34-0065 20-116-22-34-0066 20-116-22-34-0067 20-116-22-34-0068 20-116-22-34-0069 20-116-22-34-0070 20-116-22-34-0071 20-116-22-34-0072 20-116-22-34-0073 20-116-22-34-0074 29-116-22-21-0073 The total amount to be assessed is $168,426.65 Trunk Water 12-116-22-43-0002 The total amount to be assessed is $220.00 IC 01-5537 Trunk Sewer & Water Exclusions 29-116-22-12-0005 29-116-22-13-0012 29-116-22-31-0003 29-116-22-31-0004 29-116-22-31-0005 29-116-22-31-0007 29-116-22-34-0005 29-116-22-42-0012 29-116-22-44-0032 The total amount to be assessed is $4,680.00 IC 01-5537 Trunk Lateral Exclusions 29-116-22-13-0012 The total amount to be assessed is $2,817.70 Water Connection Fee 12-116-22-43-0002 The total amount to be assessed is $8,858.80 Tree Contracted Removal 01-116-22-43-0014 02-116-22-21-0023 10-116-22-14-0185 12-116-22-12-0003 12-116-22-24-0006 14-116-22-24-0027 15-116-22-42-0023 The total amount to be assessed is $8,584.00 Tall Grass / Weed Contracted Removal 04-116-22-23-0026 06-116-22-22-0111 07-116-22-21-0068 07-116-22-22-0027 07-116-22-23-0049 07-116-22-41-0048 09-116-22-31-0011 13-116-22-33-0009 14-116-22-23-0014 14-116-22-24-0025 14-116-22-31-0031 15-116-22-33-0124 16-116-22-44-0045 17-116-22-11-0023 20-116-22-22-0044 22-116-22-21-0195 26-116-22-24-0027 27-116-22-14-0037 35-116-22-14-0033 The total amount to be assessed is $8,046.00. The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments, who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding 50% of the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Denise Christensen, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8318 By order of the City Council Published in the Sun Sailor on October 1, 2020 NOTIFICATION LIST 2020 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST A copy of the Public Hearing Notice has been sent to owners of the following parcels: 01-116-22-43-0014 02-116-22-21-0023 04-116-22-23-0026 06-116-22-22-0111 07-116-22-21-0068 07-116-22-22-0027 07-116-22-23-0049 07-116-22-41-0048 09-116-22-31-0011 09-116-22-32-0005 09-116-22-32-0006 10-116-22-11-0004 10-116-22-14-0185 12-116-22-12-0003 12-116-22-24-0006 12-116-22-43-0002 14-116-22-23-0014 14-116-22-24-0025 14-116-22-24-0027 14-116-22-31-0031 14-116-22-23-0014 15-116-22-33-0124 15-116-22-42-0023 12-116-22-13-0013 16-116-22-44-0045 17-116-22-11-0023 17-116-22-13-0193 17-116-22-13-0194 17-116-22-13-0195 17-116-22-13-0196 17-116-22-13-0197 17-116-22-13-0198 17-116-22-13-0199 17-116-22-13-0200 17-116-22-13-0201 17-116-22-13-0202 20-116-22-22-0044 20-116-22-34-0059 20-116-22-34-0060 20-116-22-34-0061 20-116-22-34-0062 20-116-22-34-0063 20-116-22-34-0064 20-116-22-34-0065 20-116-22-34-0066 20-116-22-34-0067 20-116-22-34-0068 20-116-22-34-0069 20-116-22-34-0070 20-116-22-34-0071 20-116-22-34-0072 20-116-22-34-0073 20-116-22-34-0074 26-116-22-24-0027 27-116-22-14-0037 29-116-22-12-0005 29-116-22-13-0012 29-116-22-21-0073 29-116-22-31-0003 29-116-22-31-0004 29-116-22-31-0005 29-116-22-31-0007 29-116-22-34-0005 29-116-22-42-0012 29-116-22-43-0001 29-116-22-43-0003 29-116-22-43-0006 29-116-22-44-0004 29-116-22-44-0005 29-116-22-44-0012 29-116-22-44-0014 29-116-22-44-0016 29-116-22-44-0020 29-116-22-44-0032 35-116-22-14-0033 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: October 20, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Tiller Corporation Plant 912 ITEM NO.: IX.B. Requested Action • Close the Public Hearing; and • Approve the 1st reading of the Ordinance for Zoning District Change from Rural to Industrial (I-Gen) on 1.09 acres and Public to Industrial (I-Gen) on 4.49 acres • Adopt a Resolution for a Preliminary Plat of 5 parcels into one lot and one outlot on 13.21 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is proposing to update the asphalt plant equipment and pollution control equipment and to relocate the plant and processing/stockpile areas within the site. These site improvements are intended to increase safety and efficiencies of the operation and improve circulation and stormwater management. The applicant is requesting approval of rezoning of property to bring the entire subject site into the same zoning district. Also requested is preliminary plat approval to combine 5 parcels into 1 lot and an outlot. The site plan includes the improvements and relocation noted above, as well as, the construction of accessory buildings to support the operations of the site. Background The subject properties are guided in Aspire Eden Prairie 2040 for Industrial development. The majority of the property is currently zoned Industrial (I-Gen); however, the applicant is requesting the rezoning of two parcels so the entire property has consistent zoning. The 4.49 acre parcel that Tiller acquired from Hennepin County is currently zoned Public based on its prior ownership. Rezoning of that property from Public to Industrial (I-Gen) is consistent with the adopted Comprehensive Plan. The 1.09 acre property that is currently zoned Rural is also requested to be rezoned to Industrial (I-Gen). This rezoning request is also consistent with the adopted Comprehensive Plan. The platting of the property combines properties into a single lot and outlot. The plat also provides right of way to construct a termination of the Industrial Drive cul-de-sac. The outlot includes the wetland area which will be required to provide restoration of areas without vegetation, management of invasive species, and maintenance of the wetlands and wetland buffers on the property. All of the proposed buildings meet the required setback and building material standards of City Code. Landscaping requirements for the site are also proposed to meet and exceed Code requirements. The applicant is proposing to include several sustainability measures as part of the improvements. • Energy: Replacing the existing asphalt plant equipment is expected to reduce energy use by 16 to 22%. • Landscape: The Landscape Plan includes native plant and pollinator species. • Waste: Recycling and reuse of concrete and asphalt saves landfill capacity and reduces raw materials used in construction industries. • Water: Stormwater management will be improved by adding several sedimentation basins and stormwater management features for collection and on-site treatment of stormwater runoff. Collection and reuse of stormwater for dust control will be incorporated into site management. Wetlands and wetland buffers will be placed into an outlot and protected by a conservation easement. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at the October 12, 2020 meeting. Attachments 1. Resolution for Preliminary Plat 2. Ordinance for Rezoning 3. Staff Report 4. Guide Plan Map 5. Zoning Map 6. Aerial Map 7. Unapproved Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF GO ADDITION FOR TILLER CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Go Addition for Tiller Corporation stamp dated September 30, 2020, and consisting of 13.21 acres into 1 lot and an outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 20th day of October, 2020. _________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk TILLER CORPORATION PLANT 912 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020-PUD-_-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 Public Zoning District and Rural Zoning District and be placed in the Industrial (I-Gen) Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public Zoning District and Rural Zoning District and shall be included hereafter in the Industrial (I-Gen) 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. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ________, 2020, entered into between ___________, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 20th day of October, 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 ____ day of ________, 2020. ATTEST: _____________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current News on__________________, 2020. EXHIBIT A LEGAL DESCRIPTION Property to be rezoned from Public to Industrial (I-Gen) That part of the Northeast Quarter of Section 4, Township 116, Range 22, which lies Southeasterly of the South line of the present right-of-way of the Twin Cities and Western Railroad, formerly known as the Chicago, Milwaukee and St. Paul Railway, which lies Easterly of the Easterly right-of-way line of Indian Chief Road as described in Doc No 5432657 files of the Registrar of Titles, Hennepin County, Minnesota, and which lies Northwesterly of Line A, and its extensions, as described in said Doc No 5432657. Property to be rezoned from Rural to Industrial (I-Gen) That part of the Northwest Quarter of Section 3, Township 116, Range 22, described as commencing at the southwest corner of the said Northwest Quarter; thence North along the west line of the said Northwest Quarter 488.42 feet; thence deflecting to the right 28 degrees 21 minutes 30 seconds a distance of 1153.5 feet to the point of beginning; thence southwesterly along the said last described course to the west line of the said Northwest Quarter; thence North along the said west line 296.81 feet; thence deflecting to the right 43 degrees 45 minutes 30 seconds a distance of 150.24 feet; thence on a curve to the left, having a radius of 2814.79 feet and a delta angle of 15 degrees 24 minutes, a distance of 756.57 feet to the point of beginning, except that part thereof described as follows; Commencing at the southwest corner of the Northwest Quarter of Section 3, Township 116, Range 22; thence in a northerly direction along the west line of said Northwest Quarter having an assumed bearing of North 0 degrees 44 minutes 30 seconds West a distance of 488.22 feet to the actual point of beginning of the area to be described; Thence continuing along the west line of said Northwest Quarter having an assumed bearing of North 0 degrees 44 minutes 30 seconds West a distance of 237.30 feet; thence South 23 degrees 06 minutes 12 seconds East a distance of 28.86 feet; thence easterly a distance of 112.22 feet to its intersection with the west right-of-way line of the Chicago and Northwestern Railroad along a curve concave to the south and not tangent with the last described line, said curve has a radius of 335.00 feet, a central angle of 19 degrees 11 minutes 34 seconds and the chord of said curve bears North 81 degrees 37 minutes 51 seconds East; thence southerly along the west right-of-way line of the said railroad having a bearing of South 27 degrees 37 minutes West a distance of 256.18 feet to the actual point of beginning and there terminating. STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: October 12, 2020 SUBJECT: Tiller Corporation Plant 912 LOCATION: 6401 Industrial Drive APPLICANT: Tiller Corporation OWNERS: Tiller Corporation 120 DAY REVIEW: December 29, 2020 REQUEST: 1. Rezoning from Rural to General Industrial (I-GEN) on 1.09 acres 2. Rezoning from Public to General Industrial (I-GEN) on 4.49 acres 3. Site Plan Review on 13.21 acres 4. Preliminary Plat of 5 parcels into 1 lot and 1 outlot on 13.21 acres BACKGROUND Tiller Corporation owns and operates an asphalt plant and concrete and asphalt recycling operation on the subject property. The property is located at 6401 Industrial Drive and it is a total of 13.21 acres. Tiller purchased the majority of the site in 2011. In 2016, Tiller acquired the additional 4.49 acre parcel from Hennepin County. Tiller is proposing to update the asphalt plant equipment and pollution control equipment and to relocate the plant and processing/stockpile areas within the site. These site improvements are intended to increase safety and efficiencies of the operation and improve circulation and stormwater management. Tiller Corporation Plant 912 October 12, 2020 Page 2 2 COMPREHENSIVE PLAN The subject properties are guided in Aspire Eden Prairie 2040 for Industrial development. The majority of the property is currently zoned Industrial (I-Gen); however, the applicant is requesting the rezoning of two parcels so the entire property has consistent zoning. The 4.49 acre parcel that Tiller acquired from Hennepin County is currently zoned Public based on its prior ownership. Rezoning of that property from Public to Industrial (I-Gen) is consistent with the adopted Comprehensive Plan. The 1.09 acre property that is currently zoned Rural is also requested to be rezoned to Industrial (I-Gen). This rezoning request is also consistent with the adopted Comprehensive Plan. PRELIMINARY PLAT The subject area includes 5 parcels. The proponent is requesting to plat all 5 parcels into one lot and an outlot. The outlot includes the wetland and wetland buffer area along Indian Chief Road and will remain in the ownership of the proponent. Combining these five properties into a single lot provides for more efficient use of the site when designing site layout and applying setback requirements from property lines. Platting of the property also includes the dedication of right of way for Industrial Drive and Edenvale Boulevard for public street improvements, as well as perimeter easements and easements for public utilities. SITE PLAN The site currently includes one structure approximately 1,500 square feet in size which is the location of the plant control room, scale operations and quality control testing. The site also includes a 3 sided structure housing storage tanks and some electrical equipment. This 3 sided structure is proposed to be removed. This structure will be replaced with a 24’ x 44’ building. This new building will house the plant control room and the quality control testing areas. A 12’ x 14’ two story scale building will also be constructed to house the scale operations and provide storage area. A 12’ x 24’ shelter for electrical equipment will also be constructed. All of the proposed buildings meet the required setback and building material standards of City Code. Landscaping requirements for the site are also proposed to meet and exceed Code requirements. Tiller Corporation Plant 912 October 12, 2020 Page 3 3 Tiller Corporation Plant 912 October 12, 2020 Page 4 4 DRAINAGE & GRADING The grading of the curb and gutter line around the southern edge of the cul de sac appears to be directing runoff to the east. This would put it in conflict with the westerly flow of the runoff from Industrial Drive. Cul de sac drainage would be improved by directing the drainage around the curb and gutter to the west to the catch basins on the north side of the intersection. B618 curb on the northern edge of the cul de sac may be difficult to implement due to grading. Surmountable or drop curb may be preferable. UTILITIES The applicant is proposing to provide new sanitary and water services along with a hydrant for fire protection for the plant control building. As a result of proposed grading on the site, a portion of the existing public watermain that runs through the property will need to be reconstructed. Detailed construction plans (plan and profile) and specifications in conformance with Eden Prairie standards will be required. The profile, details, and limits of the proposed watermain as shown will need to be revised. Plans and specifications must address testing of the new watermain. INDUSTRIAL DRIVE The applicant is providing right of way for the termination of Industrial Drive in a cul-de-sac. Detailed construction plans and specifications in conformance with Eden Prairie standards will be required. Complete reconstruction of the cul-de-sac is expected. The plans must address driveway access, grading and drainage as noted for Industrial Drive. A commercial apron must be used for the entrance to the site utilizing Eden Prairie standards in the City Guide Specifications. WETLANDS The Developer must provide a wetland plan to include items such as restoration of areas without vegetation, management of invasive species, and maintenance of the wetlands and wetland buffers on the property. Full restoration, including planting replacement trees and shrubs or removing sediment accumulation within the larger wetland, will not be required. However, the smaller wetland that is designated for use as a stilling basin must be cleaned out when construction and grading are complete. Tiller Corporation Plant 912 October 12, 2020 Page 5 5 SUSTAINABILITY The applicant is proposing several sustainability measures as a part of the improvements. • Energy: Replacing the existing asphalt plant equipment is expected to reduce energy use by 16 to 22%. • Landscape: The Landscape Plan includes native plant and pollinator species. • Waste: Recycling and reuse of concrete and asphalt saves landfill capacity and reduces raw materials used in construction industries. • Water: Stormwater management will be improved by adding several sedimentation basins and stormwater management features for collection and on-site treatment of stormwater runoff. Collection and reuse of stormwater for dust control will be incorporated into site management. Wetlands and wetland buffers will be placed into an outlot and protected by a conservation easement. STAFF RECOMMENDATION Recommend approval of the following request: • Rezoning from Rural to I-Gen on 1.09 acres; • Rezoning from Public to I-Gen on 4.49 acres; • Site Plan Review on 13.21 acres; • Preliminary Plat of 5 parcels into 1 lot and 1 outlot on 13.21 acres This is based on plans stamp dated September 30, 2020 and staff report dated October 12, 2020 and the following conditions. Prior to issuance of a land alteration permit, the following items will need to be addressed: 1. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. 2. Obtain and provide documentation of Watershed District approval. 3. Notify the City and Watershed District 48 hours in advance of grading. 4. Install erosion control at the grading limits of the property for review and approval by the City. 5. Submit a land alteration letter of credit, or escrow surety equivalent to 125% of the cost the Land Alteration Activities. 6. Submit plans and specifications for review and approval for the public watermain work. Prior to release of the Final Plat, the applicant shall: 1. Sign a special assessment agreement for City trunk sewer and water assessment fees. 2. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion of all public utility improvements equivalent to 125% of the cost of the improvements. Tiller Corporation Plant 912 October 12, 2020 Page 6 6 3. Submit a copy of the conservation easement for review and approval to verify that the language meets those established in the Developer's Agreement. Once the Water Resources Coordinator approves the language in writing, submit evidence that the conservation easement was recorded with Hennepin County. 4. Submit a financial assurance equivalent to 150% of the cost of the actions required in city code regarding wetlands and wetland buffers. Prior to issuance of a building permit, the following items will need to be addressed: 1. Pay the appropriate cash park fees. 2. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. 3. The final plat must be released and recorded. 4. Plans and specifications for the public improvements on Industrial Drive must be submitted for review and approval. The plans shall be revised to address all items identified in the Engineering Memo dated July 23, 2020 at the appropriate times through the review and construction process. Project Site City of Eden Prairie Land Use Guide Plan Map 2010-2040 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 Guide Plan Map: Tiller Corporation Plant 912Address: 6401 Industrial Drive, Eden Prairie, MN 55346 Rural Low Density Residential Medium Density Residential Medium Migh Density Residential High Density Residential Mixed-Use Town Center Transit-Oriented Development Regional Commercial Commercial Office Industrial Flex Tech Flex Service Eco Innovation Industrial Airport Public / Semi-Public Parks & Open Space Golf Course Utility & Railroad Right-of-Way 530 0 530265 Feet Date Approved: 10-01-2019 Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Project Site City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Ordinance #19-2018 and 20-2018 approved, but not shown on this map edition Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2020 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map: Tiller Corporation Plant 912Address: 6401 Industrial Drive, Eden Prairie, MN 55346 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU TOD-E TOD-R Transit Oriented Development - Residential TOD-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Parks and Open Space Golf Course Water Right of Way Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD PROJECT SITE LEESBOROUGHAVE MANCHESTERLNEDENVALE BL V D TANAGER LNINDIAN CHIEF RDINDUSTRIAL DRCARLSONDR¯ Location Tiller Corporation Plant 912Address: 6401 Industrial Drive, Eden Prairie, MN 55346 0 325 650162.5 Feet UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 12, 2020 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, Lisa Toomey, William Gooding CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member DeSanctis was absent. III. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Higgins moved, seconded by Gooding to approve the minutes of September 28, 2020 with the correction in Item VI A to change the word “gymnastics” to “gymnasiums.” MOTION CARRIED 8-0. V. PUBLIC HEARINGS VI. PLANNERS’ REPORT A. TILLER CORPORATION PLANT 912 (2019-24) Request for: • Zoning District Change from Public to Industrial on 4.49 acres • Zoning District Change from Rural to Industrial on 1.09 acres • Site Plan Review on 13.21 acres • Preliminary Plat for approval on 13.21 acres PLANNING COMMISSION MINUTES October 12, 2020 Page 2 Mike Caron, owner of Tiller Corporation, presented a PowerPoint and detailed the application. He introduced Christina Morrison, Land Use and Permitting Coordinator, and Kirsten Pauly engineer and geologist. Caron gave the background for this family-owned corporation and its three operating divisions, Barton & Gravel Company, Commercial Asphalt Company, and Barton Enterprises. He explained Tiller Corporation was a supply only company. He gave an overview of the history of Plant 912, which had been home to Asphalt Plant and Construction Aggregates since 1960. The main focus of the application was to improve storm water management, with plant and equipment updates also being updated, along with increased safety features. He had approached City staff in 2018. He displayed the existing facility and pointed out Industrial Boulevard and Indian Chief Road and the five different parcels, not all of which had access to existing roads. He displayed and explained the existing plant layout. The proposed plant layout would move the scale office next to the silos which stored the asphalt. The AC tanks would be to the left, and the MCC (motor control center) would be combined into one location. The mixer would be next to the MCC, with the recycle bins and coal feed bins next to the mixer. All five parcels would be combined into one. The cul-de-sac would become a City right-of-way. He explained the proposed traffic circulation. He explained the locations of the two storm water ponds to be built. The rezoning: currently, parcel A was zoned public, and parcel B was zoned rural. The proposed zoning would make both parcels A and B zoned General Industrial. He showed a complementary example of Tiller Corporation’s asphalt plant in Blaine which had a similar look to what was being proposed. Mette thanked the applicant for his presentation. She stated her concern was dust and dirt from relocating the stockpiles and asked what dust control measures would be taken. Caron replied the stockpile was a “verb,” not a noun, because stockpiles were constantly being rearranged, and the corporation was used to doing that. An air quality permit was required for the plant as well as for the stockpiles and recycling operations. There would always be a water truck on site to keep particulates watered. Not all the roads were paved; paving would also help, and the roads would be frequently swept. Toomey stated she lived nearby and asked about noise. Caron replied most noise from the drier would be kept inside the site. He did not expect many changes to noise levels. Any change in noise would be expected to be a decrease due to improved efficiencies with the new equipment. He showed on the site plan where stockpiles were held. He explained the tree replacement plan included screening at that site, which would also help with noise. Pieper asked if the truck route would be kept the same, and Caron replied it would be substantially changed, as PLANNING COMMISSION MINUTES October 12, 2020 Page 3 the routing was quite random currently, and the corporation wished for more consistency to improve safety and efficiency. Klima presented the staff report. Two parcels of land, one zoned public and the other zoned rural, were coming before the commission to be rezoned General Industrial, consistent with the Comprehensive Plan. The five parcels would be combined into one lot and an outlot (the wetland area with a conservation easement). The site plan approval request met the performance standards. This site has been in operation from the 1960s without any site plan approval in place. Staff recommended approval. Farr asked if the cul-de-sac would be made a more symmetrical, conventional design from its current, offset, design and if staff approved of the nonconforming frontage. Klima replied there were no additional nonconformities created with the application; rather, conformity was improved. Rue replied there were title issues with these parcels, so the design would actually clean up the cul-de-sac. Offset cul-de-sacs were not unusual in Eden Prairie. There might have been some changes between the preliminary and final plat that made Farr see a nonconformity where there was not one in the actual application. MOTION: Markos moved, seconded by Kirk to close the public hearing. MOTION CARRIED 8-0. Kirk stated it sounded like the zoning and replatting were more housekeeping issues in order to bring all of the land into a single zoned parcel and consistent requirements. Klima agreed. Kirk added his understanding was the site plan was a requirement whereas this property’s use predated it, and the intent was to make the site consistent with City ordinances and allow the City input as to where the equipment and buildings were located. Klima agreed and added the site’s operation pre-dated the City’s first ordinances. City Code requires a site plan process for the construction of structures on a site that does not have an approved site plan. Mette commended the addition of the cul-de-sac along with the streamlining of the parcels. Kirk also commended the plant to update equipment and the owner’s investment in Eden Prairie. MOTION: Farr moved, seconded by Toomey to recommend approval of the Zoning District Change from Public to Industrial on 4.49 acres, the Zoning District Change from Rural to Industrial on 1.09 acres, the Site Plan Review on 13.21 acres, and the Preliminary Plat for approval on 13.21 acres based on plans stamp-dated October 7, 2020 and the staff report dated October 12, 2020. MOTION CARRIED 8-0. VII. MEMBERS’ REPORTS PLANNING COMMISSION MINUTES October 12, 2020 Page 4 VIII. ADJOURNMENT MOTION: Kirk moved, seconded by Markos to adjourn. MOTION CARRIED 8-0. The meeting was adjourned at 7:33 p.m. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: October 20, 2020 DEPARTMENT/DIVISION: Community Development/ Planning Janet Jeremiah/Steve Durham ITEM DESCRIPTION: Code Amendment – Towers and Antennas ITEM NO.: IX.C. Requested Action Move to: • Close the Public Hearing; and • Approve 1st reading of an Ordinance amending City Code Chapter 6, Section 6.03 relating to Right-of-Way Permits and City Code Chapter 11, Section 11.06 relating to towers and antennas Synopsis The proposed code changes are in response to the June 2020 Federal Communication Commission (FCC) declaratory ruling that further clarifies criteria within the Spectrum Act of 2012 related to altering existing wireless structures. The FCC ruling affects City Code Chapter 6.03 and City Code Chapter 11.06. No public hearing is required for the amendment to Chapter 6. City Code Chapter 11 amendment requires a public hearing. The proposed code change for City Code Chapter 6, Section 6.03 adds a subsection related to permits in the public right of way. The proposed code change for City Code, Section 11.06 adds Subdivision 14 that acknowledges the June 2020 FCC declaratory ruling. As required the City is obliged to approve certain request on existing towers located on private property or in public right of way when the existing towers meet “eligible facilities request.” The declaratory ruling is not inconsistent with current City Code and administrative approval practice. Background The FCC Act of 1996 established antennas and towers are a permitted use in all cities and may not be discriminated against by zoning districts established in cities. The Spectrum Act of 2012 established that local governments are required to approve certain requests to modify existing wireless structures. Highlights of those eligible facilities include: Modifications that do not substantially change the physical dimensions of an existing tower or tower base; Increase tower height by 10% or maximum 20’ from the existing antenna; Increase ground base equipment supportive of the tower improvements; Inclusion of a 60-day Shot Clock in application review process. The Planning Commission voted 8-0 to recommend approval of the amendment to City Code, Chapter 11.06 at the September 28, 2020 meeting. Attachments 1. Ordinance 2. Staff Report dated September 23, 2020 3. Planning Commission Minutes dated September 28, 2020 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 6, SECTION 6.03 RELATING TO RIGHT-OF-WAY PERMITS AND CITY CODE CHAPTER 11, SECTION 11.06 RELATING TO TOWERS AND ANTENNAS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 6.99 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 6, Section 6.03, Subdivision 9, is hereby amended by adding the following new subsection F: F. Spectrum Act Eligible Facilities Requests. No application for a small wireless facility permit that involves the modification of an existing wireless support structure in the right-of-way and that meets the definition of an “eligible facilities request” under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455 (the “Act”), shall be approved unless the requested action is in accordance with the requirements of the Act and the regulations contained in 47 C.F.R. § 1.6100, all as may be amended from time to time, and then only in accordance with the following: 1. The applicant shall submit with its small wireless facility permit application all information necessary for the City to determine whether the request is an “eligible facilities request” under the Act. Further, the applicant shall include with the application all information, documents, and fees required by this Section, a narrative description explaining how the request meets the definition of an “eligible facilities request” under the Act, and such further information deemed necessary by the City to determine whether the request is an “eligible facilities request.” 2. A small wireless facility permit that involves an “eligible facilities request” is not subject to any provision of this Section that is contrary to the Act. Section 2. City Code Chapter 11, Section 11.06 is hereby amended by adding the following new Subdivision 14: Subd. 14. Spectrum Act Eligible Facilities Requests. No application to modify an existing wireless structure that meets the definition of an “eligible facilities request” under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455 (the “Act”), shall be approved unless the requested action is in accordance with the requirements of the Act and the regulations contained in 47 C.F.R. § 1.6100, all as may be amended from time to time, and then only in accordance with the following: A. An applicant shall submit such a request on the form provided by the City. The application form shall require that the applicant provide all information necessary for the City to determine whether the request is an “eligible facilities request” under the Act. Further, the applicant shall include with the application all information, documents, and fees required by Subdivision 12 of this Section, a narrative description explaining how the request meets the definition of an “eligible facilities request” under the Act, and such further information deemed necessary by the City to determine whether the request is an “eligible facilities request.” B. An application for an “eligible facilities request” shall be approved or disapproved by the City Manager or his or her designee in accordance with Subdivision 11 of this Section. C. “Eligible facilities requests” are not subject to the provisions of this Section 11.06 or any other provisions of Chapter 11 that are contrary to the Act. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation,” Section 6.99 entitled “Violation a Misdemeanor or Petty Misdemeanor,” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of October, 2020, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of ________________, 2020. _________________________________ _________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor Published in the Eden Prairie News on the ____ day of ______________, 2020. STAFF REPORT TO: Planning Commission FROM: Steven Durham, Planner II DATE: September 23, 2020 SUBJECT: Code Amendment - Antennas and Towers BACKGROUND The Federal Communication Commission (FCC) Act of 1996 established that antennas and towers are a permitted use in all cities and may not be discriminated against by zoning districts established in cities. City Code Section 11.06 “Towers and Antennas” was established in code at that time. The Spectrum Act of 2012 established that local governments are required to approve certain requests to modify existing wireless structures. No code amendments were required with the Spectrum Act of 2012. In June of 2020 the FCC approved a declaratory ruling to further clarify criteria within the Spectrum Act of 2012 related to altering existing wireless structures. The stated purpose of the declaratory ruling is to promote equitable telecommunication service to all communities in the United States and streamline the review process within federal, state, county, and local jurisdiction. The ruling identifies and clarifies what qualifies as an “Eligible Facilities Request.” Under the Spectrum Act of 2012 (“Act”), local governments are required to approve certain requests to modify existing wireless structures, referred to as an “Eligible Facilities Request.” An Eligible Facilities Request is any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving, 1) Collocation of new transmission equipment, 2) Removal of transmission equipment, or 3) Replacement of transmission equipment. CODE AMENDMENT: This code amendment will acknowledge the FCC declaratory ruling in Section 11.06. Currently there are 13 Subdivision in Section 11.06 that regulate Tower and Antenna. There will be no alterations to the existing 13 subdivisions. Subdivision 14 will be added and providing acknowledgement of the 2020 FCC declaratory ruling. See proposed Subdivision 14 below: Subd. 14. Spectrum Act Eligible Facilities Requests. No application to modify an existing wireless structure that meets the definition of an “eligible facilities request” under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455 (the “Act”), shall be approved unless the requested action is in accordance with the requirements of the Act and the regulations contained in 47 C.F.R. § 1.6100, all as may be amended from time to time, and then only in accordance with the following: A. An applicant shall submit such a request on the form provided by the City. The application form shall require that the applicant provide all information necessary for the City to determine whether the request is an “eligible facilities request” under the Act. Further, the applicant shall include with the application all information, documents, and fees required by Staff Report – Code Amendment - Antennas and Towers September 23 Page 2 2 Subdivision 12 of this Section, a narrative description explaining how the request meets the definition of an “eligible facilities request” under the Act, and such further information deemed necessary by the City to determine whether the request is an “eligible facilities request.” B. An application for an “eligible facilities request” shall be approved or disapproved by the City Manager or his or her designee in accordance with Subdivision 11 of this Section. C. “Eligible facilities requests” are not subject to the provisions of this Section 11.06 or any other provisions of Chapter 11 that are contrary to the Act. As required the City is required to approve certain request on existing towers located on private property or in public right of way when the existing towers meet “eligible facilities request.” Highlights of those eligible facilities include: • The modifications that do not substantially change the physical dimensions of a tower or tower base. • Increase tower height by 10% or maximum 20’ from the existing antenna. • Increase ground base equipment supportive of the tower improvements. • Inclusion of a 60-day Shot Clock from the time the application is received and approved by the City. The declaratory ruling is not inconsistent with current City Code and administrative approval practice. New Tower construction does not qualify and as an eligible facility. STAFF RECOMMENDATION Staff recommends approval of the amendment to City Code, Chapter 11, Section 11.06 entitled Antenna and Towers as presented in the Planning Commission Staff report dated September 21, 2020. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 28, 2020 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, Lisa Toomey, William Gooding CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of Parks and Natural Resources I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member DeSanctis was absent. III. APPROVAL OF AGENDA MOTION: Markos moved, seconded by Mette to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Higgins moved, seconded by Gooding to approve the minutes of September 14, 2020. MOTION CARRIED 8-0. V. PUBLIC HEARINGS VI. PLANNERS’ REPORT A. CODE AMENDMENT FOR GYMNASTICS Request for: • Amend City Code Chapter 11 relating to gymnasiums Klima presented a PowerPoint and gave the background on this amendment. Prior to 1982, gymnasiums were not permitted uses in the Industrial Zoning District. The City received a request to amend the Code to allow gymnasiums in this district. The City Council directed staff to prepare an amendment for review by the Planning Commission. The Planning Commission recommended approval of PLANNING COMMISSION MINUTES September 28, 2020 Page 2 the amendment, and the City Council approved an ordinance amendment permitting gymnasiums in Industrial Zoning Districts. Gymnasiums were allowed to occupy 100 percent of a building’s square footage. Since then, certain issues have arisen: there was no definition of gymnasium, allowing for a broad interpretation. Fitness studios, gymnastics studios, swim schools, dance studios, martial arts studios, et cetera, had been permitted in the Industrial Zoning Districts, but their permitted use also in the Commercial Zoning Districts has caused inconsistencies. Also, changes in the uses of industrial buildings are driven by the economy and market trends. Klima explained this amendment was meant to clean up the Code and allow for equitable treatment among similar uses by providing a definition and setting use standards. The proposed amendment would allow gymnasium uses up to 50 percent of the total floor area of a building. Staff recommended approval. Mette asked for and received confirmation that with these changes the Tags Building would remain a conforming use. Kirk asked for and received confirmation that unless the application pursued a PUD the building would be limited to 50 percent gymnasium use. Kirk stated the logic of the 50 percent limit was to preserve opportunities for manufacturing jobs in the Golden Triangle, and Klima agreed. With the addition of the LRT line and other changes in the area, a new mix of uses was arising and there would not be as much acreage for industrial uses. Julia Thompson, co-founder of Tags Gymnastics at 10300 West 70th Street, stated the business had been in Eden Prairie since 1982 and in this building since 2002. Tags employed 75-100 people. The events of 2020, especially the Covid-19 pandemic and its requirements for masks and social distancing, placed stress on her business serving over 3,500 students. Moving from 100 percent to 50 percent could be challenging. She felt fortunate to meet these guidelines now but worried about the future and for future owners, especially tenants with uses similar to hers. Employment was a challenge right now. She urged the commission to show more flexibility in this amendment and thanked them for their flexibility thus far. Kirk asked for and received clarification from both Thompson and Klima that the rest of the tenants were not gymnasiums, as the one other fitness center exceeded the 15 percent floor area threshold for retail. Mette asked at what point nonconforming uses such as gymnasiums could be prohibited after a use reverts to industrial. Klima replied the nonconforming language in the City Code, which mirrored the State’s language, would apply in this case. If the nonconforming use ceased to operate for one year and was not released to another nonconforming business, then the site would require a conforming use. Mette suggested included an explanatory letter in that case. PLANNING COMMISSION MINUTES September 28, 2020 Page 3 MOTION: Farr moved, seconded by Kirk to close the public hearing. MOTION CARRIED 8-0. Farr stated this was a mixed-use district but an Industrial Zoned District could include factories and other uses with low density, and he saw a contradiction of keeping employment high in a traditionally low-density area. He saw more logic in allowing higher-density technical uses in commercial than in restricting use in an Industrial Zoned District. Also, encouraging fitness, especially indoors in Minnesota, was a good message to send. Ideally, the commission would vote to allow more use of gymnasiums in this zone. Kirk concurred and stated the 50 percent limit was an obstacle for him, too. He asked for data on the results of such limitations in other communities. He advised against an “artificial” or arbitrary limit. Gooding stated he visited the Golden Triangle and saw a great variety of uses, ranging from perhaps 10 employees to one hundred, and questioned the focus on placing limits on gymnasiums. He also asked for more data. Mette warned against the commission getting into a public policy discussion against a land use discussion. She agreed with Gooding, Kirk, and Farr, but stated this kind of question was common in urban planning, even if the stated desired outcome was not the actual outcome, and the question may go to the policy, which was beyond the scope of this commission. Kirk replied airing the issue was a healthy discussion. He agreed the commission could only advise on policy. Farr stated the difference between regulating a primary versus a secondary use in a zoning district. He urged working on the primary use if the strategy was to add employees. Higgins stated she sensed there was an effort to look at other cities as examples, and asked Klima for examples. Klima replied staff did look at other communities in the region, many of which used different zoning district terminology. Two communities provided limitations (Bloomington at 50 percent floor area, and Hopkins at 3,000 square feet). She added the commission could make a recommendation on the percentage. Pieper asked for and received clarification the research did not sufficiently detail to confirm such limitations spurred growth. Mette asked if the limitation was applied to the Golden Triangle, and Klima replied it applied to all Industrial Zones in Eden Prairie. Markos noted this could theoretically allow 50 percent gymnasiums in every building, which defeated the purpose of the proposal. Discussion followed on preserving opportunity areas versus encouraging certain jobs. Pieper noted the difficulty of this issue coming up now, during a pandemic. Klima replied this issue had been on staff’s list to address and after the completion of the Comprehensive Plan process, staff began working on implementing strategies of the Comprehensive Plan. Staff had identified this item as an issue to be addressed and began working on this prior to the Covid-19 pandemic outbreak. PLANNING COMMISSION MINUTES September 28, 2020 Page 4 Pieper asked for and received confirmation the commission could make a recommendation on the definition without adopting the limitation language. Mette asked for and received clarification the commission was being asked to 1) define gymnasiums and 2) recommend a percentage use (or none). Kirk stated the commission was 1) trying to solve a problem it did not know how to solve, and 2) the way it was being “solved” (the 50 percent limitation) did not have sufficient data to back it. He questioned putting a building owner through the PUD process with the implementation of the 50 percent limitation. At this time, he supported no limitation change. Mette agreed, and added further changes could be made in the future. Defining this zoning district use definition was also deciding the goal of this amendment. Kirk replied focusing on primary uses, as Farr had recommended, was a way forward. Higgins agreed the future was uncertain and no one knew how it would impact zoning in Eden Prairie, therefore the commission could not know the actual outcome of this amendment. MOTION: Kirk moved, seconded by Farr to recommend approval of the code amendment gymnasium definition change but to add no percentage limit to total floor space area (maintaining the existing allowed 100 percent total floor area). MOTION CARRIED 8-0. B. CODE AMENDMENT FOR LIGHTING Request for: • Amend City Code Chapter 11 relating to site lighting Klima presented a PowerPoint and explained the amendment. This was a housekeeping amendment to implement design standards currently captured by staff in the Development Agreement, therefore, to require by Code what was currently in practice. The amendment would maintain current requirements and add standards for downcast, shielded, and cut off features and other measures to reduce glare and light spill onto neighboring properties. Staff recommended approval. MOTION: Markos moved, seconded by Mette to close the public hearing. MOTION CARRIED 8-0. Farr advised against being overly restrictive in the lighting code. He commended the addition of “downcast luminaires” and wished to see a three-foot concrete base to the height requirements on pole lights. He was unsure if the recommendation would keep glare from the property lines on parking lots, since light poles were planted on the green space. He urged some flexibility or “free zone” where glare was kept from the property line. He asked for more clarification as to the canopy lighting. Kirk suggested the “free zone” be the setback on the other property. Society had profited from higher efficiency and LEDs, but “efficiency” was not mentioned in PLANNING COMMISSION MINUTES September 28, 2020 Page 5 the amendment, and he asked if this was necessary. Mette agreed it saved money and was desired by property owners but questioned whether it should go in this amendment or elsewhere. Farr replied most or all new lighting was LED, and new technology could come in the future, so staff’s design guidelines were adequate to address this question. Klima agreed this was addressed by the design guidelines. Pieper asked for a clarification on requirement b), and Klima explained the three- foot bumper requirement followed from the requirement all parking lot lighting be installed in an island. Any installed not on an island would require the three-foot base but if given the option, lighting located in islands may increasingly be unlikely to be installed. Farr noted the units of parking were detailed in number of stalls, which were too far apart for 25-foot light poles. If the City was to require a light on a parking island, require islands. This made sense for, say, Eden Prairie Center but not for all commercial/retail business parking lots. Discussion followed on Farr’s suggestion that the requirement of all poles being on islands be relaxed. MOTION: Farr moved, seconded by Toomey to recommend approval of the code amendment based on the staff report dated September 28, 2020 with the following changes: under items a) through g) in the underlighting section, full acceptance of item a), changing the requirement in item b) to include a 25-foot pole on a maximum three-foot base, the elimination of item c), retaining item d), changing item e) to add a building setback zone where “adjacent properties” does not apply, retaining item f), and in item g) adding the phrase “except decorative lighting at building entries.” MOTION CARRIED 8-0. C. CODE AMENDMENT FOR TOWERS AND ANTENNAS Request for: • Amend City Code Chapter 11 to comply with recent Federal Communication Commission rulings Klima presented a PowerPoint and detailed the amendment change. The FCC Act of 1996 established antennas and towers as permitted uses in all cities that may not be discriminated against by zoning districts established in cities. The Spectrum Act of 2012 established that local governments were required to approve certain requests to modify existing wireless structures. In June of 2020 the FCC approved a declaratory ruling to further clarify criteria within the Spectrum Act of 2012 related to altering existing wireless structures. The proposed code change would not alter the existing 13 Subdivisions regulating towers and antennas. Subdivision 14 would be added and provide acknowledgement of the 2020 FCC declaratory ruling. Staff recommended approval. Pieper asked if what the commission had previously reviewed at Eden Prairie High School would have still come before the commission after this code PLANNING COMMISSION MINUTES September 28, 2020 Page 6 amendment was adopted, and Klima replied it still would have. It was to build a new tower, Mette asked for and received clarification Section 14 included items a), b), and c). MOTION: Higgins moved, seconded by Mette to close the public hearing. MOTION CARRIED 8-0. MOTION: Kirk moved, seconded by Gooding to recommend approval of the code amendment based on the findings in the staff report dated September 23, 2020. MOTION CARRIED 8-0. VII. MEMBERS’ REPORTS VIII. ADJOURNMENT MOTION: Markos moved, seconded by Toomey to adjourn. MOTION CARRIED 8-0. The meeting was adjourned at 8:36 p.m. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: October 20, 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 277410 - 277719 Wire Transfers 1026273 - 1026379 Wire Transfers 7870 - 7893 City of Eden Prairie Council Check Summary 10/20/2020 Division Amount 000 General 4,482 601 Prairie Village Liquor 70,568 100 City Manager 4,134 602 Den Road Liquor 136,526 110 City Clerk 592 603 Prairie View Liquor 90,564 111 Customer Service 3,291 701 Water Enterprise Fund 700,681 113 Communications 4,000 702 Wastewater Enterprise Fund 1,167,500 131 Finance 131 703 Stormwater Enterprise Fund 19,817 132 Housing and Community Services 5,500 Total Enterprise Fund 2,185,656 133 Planning 5 136 Public Safety Communications 2,895 802 494 Commuter Services 23,450 137 Economic Development -4,041 807 Benefits Fund 842,504 151 Park Maintenance 30,144 809 Investment Fund 3,831 153 Organized Athletics 184 811 Property Insurance 13,992 154 Community Center 10,462 812 Fleet Internal Service 54,385 156 Youth Programs 1,671 813 IT Internal Service 21,181 157 Special Events 200 815 Facilites Operating ISF 35,509 158 Senior Center 736 816 Facilites City Center ISF 124,244 162 Arts 500 817 Facilites Comm. Center ISF 24,411 163 Outdoor Center 106 Total Internal Svc/Agency Funds 1,143,509 180 Police Sworn 10,765 182 Police Civilian 700184Fire19,361 Report Total 5,089,063 186 Inspections 7,976 201 Street Maintenance 1,400,423 202 Street Lighting 67,832 Total General Fund 1,572,051 301 CDBG 58,288 Total Special Revenue Fund 58,288 308 E-911 413 309 DWI Forfeiture 3,166 315 Economic Development 19,777 509 CIP Fund 9,017 513 CIP Pavement Management 2,082 522 Improvement Projects 2006 1,178 532 EP Road Connect Flying Cloud 1,500 536 General LRT 89,345 539 2020 Improvement Projects 3,049 804 100 Year History 31 Total Capital Projects Fund 129,559 City of Eden Prairie Council Check Register by GL 10/20/2020 Check #Amount Supplier / Explanation Account Description Business Unit Comments2774291,388,177 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 2020 Pavement Mgmt Project10263691,125,716 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground Storage Resv/Pump Station 1026311 560,798 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground Storage Resv/Pump Station 7889 299,819 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits October 2020 Premiums 7872 263,218 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 09.25.207870188,262 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 09.11.20277651103,198 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Capital Impr. / Maint. Fund Property Tax 2nd half pymt 277478 89,345 METRO TRANSIT Other Contracted Services General LRT 1026318 64,768 XCEL ENERGY Electric Street Lighting 1026319 29,510 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Water Capital27746929,058 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store787427,115 EMPOWER Deferred Compensation Health and Benefits 277658 26,266 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store ` 277436 21,158 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 7873 19,977 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits27767319,876 MINNESOTA EXTERIORS INC Other Contracted Services Rehab102635317,688 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance 277475 17,042 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 7883 16,241 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store 7887 15,340 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits102633915,314 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Lift Station102630315,139 HANSEN THORP PELLINEN OLSON Design & Engineering 2020 Improvement Projects 277646 14,730 GRAYMONT Treatment Chemicals Water Treatment 277459 14,721 GRAYMONT Treatment Chemicals Water Treatment 7888 14,619 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 277415 13,534 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store102634813,523 ELECTRIC PUMP Improvement Contracts Wastewater Capital 1026378 13,340 XCEL ENERGY Electric City Center - CAM 1026309 13,086 POMP'S TIRE SERVICE INC Tires Fleet Operating 277473 12,926 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 277692 12,706 PROP Other Contracted Services CDBG - Public Service27765712,704 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 277704 11,682 SSI KEF SLB LLC Electric Maintenance Facility 277468 11,510 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 277682 10,851 NATIVE RESOURCE PRESERVATION Other Contracted Services Stormwater Non-Capital 7875 10,382 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission102631510,110 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #2 277685 10,067 PARAGON DEVELOPMENT SYSTEMS Hardware - R&M IT Operating 7879 9,566 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 277693 9,403 PROP Other Contracted Services CDBG - Public Service 1026292 9,151 BIFFS INC Waste Disposal Park Maintenance2774198,774 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 277527 8,721 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 277417 8,514 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 277461 8,392 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 1026304 8,385 HAWKINS INC Treatment Chemicals Water Treatment 1026338 8,172 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 277688 7,983 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 277494 7,837 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1026367 7,830 PARROTT CONTRACTING INC Equipment Repair & Maint Water Distribution 7884 7,774 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance2774507,641 DG CENTRAL 1 LLC Electric Facilities Operating ISF2776257,355 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1026361 7,275 METRO SALES INCORPORATED*Equipment Rentals IT Operating 1026297 7,131 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 277514 7,024 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution2774606,805 HALLA NATHAN Other Contracted Services Rehab2774126,409 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 277456 6,236 EHLERS & ASSOCIATES INC Other Contracted Services Paravel/Castle Ridge 277528 6,208 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 277635 5,930 COMMERCIAL ASPHALT CO Patching Asphalt Stormwater Collection2774335,818 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store10262895,708 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital 277502 5,518 SKEESICK, FORREST Accounts Receivable TIF-Eden Shores Senior Housing 7893 5,470 CARD CONNECT Bank and Service Charges Community Center Admin 277506 5,393 TECH ACUMEN INCORPORATED Other Contracted Services Den Road Liquor Store2775245,380 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store10262955,263 CENTERPOINT ENERGY Gas Prairie View Liquor Store 7891 5,035 FURTHER - AKA SELECT HRA Health and Benefits 277649 4,852 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 277457 4,794 FIRE SAFETY USA INC Protective Clothing Fleet Operating10263124,738 STREICHERS Clothing & Uniforms Police Sworn2775254,646 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1026335 4,629 VAN PAPER COMPANY Cleaning Supplies Facilities Operating ISF 277498 4,550 RAINBOW TREECARE Other Contracted Services Tree Removal 277526 4,356 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 277530 4,216 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store2774164,122 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 277522 4,105 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 7878 4,045 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 277499 4,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 277449 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund10263663,932 NORTHWEST ASPHALT Outside Water Sales Water Enterprise Fund 277641 3,870 DUNSMORE ASPHALT INC Asphalt Overlay Street Maintenance 7892 3,831 PFM ASSET MANAGEMENT LLC Interest Investment Fund 277437 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General 277714 3,700 VAISALA Capital Under $25,000 Snow & Ice Control2776123,690 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 277486 3,638 MWF PROPERTIES Reimburse-legal notices General Fund 277676 3,620 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 277626 3,541 CENTRAL INSULATION Other Contracted Services Rehab 277670 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission10263423,482 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 277715 3,361 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1026372 3,340 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 277671 3,338 METERING & TECHNOLOGY SOLUTIONS Repair & Maint. Supplies Water Metering 277414 3,137 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 277434 3,088 BRYAN ROCK PRODUCTS INC Gravel Wasterwater Collection 277510 3,075 TRILLIUM TOWER DEVELOPMENT INC Equipment Repair & Maint Fire 277453 3,039 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 277664 3,038 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 1026300 2,948 GENUINE PARTS COMPANY Equipment Parts Ice Arena Maintenance2774912,871 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store10263762,852 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 277666 2,850 MARSARS WATER RESCUE SYSTEMS INC Small Tools Fire 1026332 2,769 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Street Maintenance 7882 2,758 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration10263512,708 FILTRATION SYSTEMS Supplies - HVAC Facilities Operating ISF2774232,706 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 277418 2,673 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 277628 2,571 CENTURYLINK Telephone City Center - CAM 277479 2,487 MILLER KATHY Other Contracted Services Rehab2774852,445 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications2776522,419 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 277529 2,313 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 277441 2,200 CLASSIC PROTECTIVE COATINGS, INC Equipment Repair & Maint Water Supply (Wells) 277413 2,139 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store2774642,106 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store10262752,082 BRAUN INTERTEC CORPORATION Improvement Contracts CIP Pavement Management 277686 2,073 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1026287 2,072 VAN PAPER COMPANY Cleaning Supplies General Community Center 1026336 1,965 VINOCOPIA Liquor Product Received Prairie View Liquor Store2776131,935 ARVIG Fiber Lease Payments IT Operating10262981,902 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 277684 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service 1026321 1,804 CUMMINS NORTH CENTRAL INC Equipment Parts Fleet Operating 277445 1,800 COVERTTRACK GROUP Other Contracted Services Police Sworn 1026291 1,796 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store2776941,783 PROP Other Contracted Services CDBG - Public Service 277609 1,780 ADESA MPLS Miscellaneous DWI Forfeiture 1026323 1,739 DAILEY DATA & ASSOCIATES Capital Under $25,000 Prairie View Liquor Store 1026306 1,732 JEFFERSON FIRE & SAFETY INC Clothing-TurnOut Gear Fire 277644 1,673 GEAR WASH LLC Clothing-TurnOut Gear Fire10263561,660 JEFFERSON FIRE & SAFETY INC Repair & Maint. Supplies Fire 1026316 1,637 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 277653 1,625 HOMELINE Other Contracted Services Housing and Community Service 277442 1,595 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1026349 1,580 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment2774461,569 CUTTING EDGE SEWER AND DRAIN LLC Equipment Repair & Maint Wasterwater Collection 1026278 1,569 FLEETPRIDE INC Equipment Parts Fleet Operating 277672 1,543 MINGER CONSTRUCTION INC Outside Water Sales Water Enterprise Fund 277687 1,533 PERA Wages and Benefits 494 Corridor Commission 1026344 1,516 CENTERPOINT ENERGY Gas Senior Center10263171,501 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 277439 1,500 CHESTNUT REALTY Right of Way & Easement EP Rd Connect to Flying Cloud 277509 1,500 TOWNHOMES OF SHERWOOD Rebates Stormwater Non-Capital 277517 1,485 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 277515 1,470 VERDIN COMPANY THE Equipment Repair & Maint Water Supply (Wells) 277448 1,450 DAXKO LLC Licenses, Taxes, Fees Fitness Classes 1026377 1,394 WM MUELLER AND SONS INC Gravel Stormwater Collection 277610 1,383 AIRGAS USA LLC Supplies - Pool Pool Maintenance 7877 1,378 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 277680 1,372 NAC Contract Svcs - Plumbing Building 512774111,364 YORKTOWN OFFICES Rent 494 Corridor Commission2776691,323 MEGA BEER Liquor Product Received Prairie View Liquor Store 277465 1,264 HP INC Hardware Maintenance IT Capital 277668 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 277620 1,231 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store2776451,200 GILES OUTDOOR SERVICES LLC Other Contracted Services Capital Maint. & Reinvestment10263251,185 GOODIN COMPANY Supplies - Pool Pool Maintenance 277608 1,134 ADESA MPLS Miscellaneous DWI Forfeiture 277523 1,103 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 277630 1,099 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store2774211,095 ACE PAINTLESS DENT REPAIR Equipment Repair & Maint Fleet Operating2776481,087 GYM WORKS Health & Fitness Fire 277665 1,083 MARCO INC Hardware - R&M IT Operating 277472 1,067 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 277663 1,054 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #310262991,053 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment2776901,035 PROP Other Contracted Services CDBG - Public Service 277607 1,030 A TO Z RENTAL CENTER Small Tools Fire 277531 1,004 GELCO AR Utility Water Enterprise Fund 277647 994 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions1026374966TESSCO INC Equipment Parts Fleet Operating277422940AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events 277710 929 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1026362 863 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 277618 859 BAUER BUILT TIRE AND SERVICE Tires Fleet Operating 277629 845 CENTURYLINK Telephone IT Operating277621845BOLTON & MENK INC Design & Engineering Improvement Projects 2006 1026288 828 VINOCOPIA Liquor Product Received Den Road Liquor Store 277426 825 BENSON METALS Repair & Maint. Supplies Water Treatment 277507 800 THE ADVENT GROUP Temp 494 Corridor Commission 1026337 793 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects1026290791ANCHOR PAPER COMPANY Office Supplies Police Sworn 1026354 778 GRAINGER Equipment Parts City Center - CAM 277701 777 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 277614 766 ASPEN MILLS Clothing & Uniforms Fire 277655 761 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store277708750STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 277712 750 TREEHOUSE Other Contracted Services Housing and Community Service 277424 750 ASPEN MILLS Clothing & Uniforms Fire 277487 731 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 277619 730 BERGMAN LEDGE LLC Liquor Product Received Prairie View Liquor Store277716706WINEBOWLiquor Product Received Prairie Village Liquor Store 277504 701 SSI KEF SLB LLC Electric Maintenance Facility 277681 700 NAMPLA LLC Beer/Wine Licenses Police Civilian 277677 698 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 277467 695 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 277611 685 ALPINE DIVERSIFIED SERVICES INC Contract Svcs - Garden Rm/Caf.Garden Room Repairs 277718 650 VETERAN SHREDDING Other Contracted Services Senior Center Programs 277496 647 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 277518 641 WINEBOW Liquor Product Received Prairie View Liquor Store 277695 639 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store277709623SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Police (City Cost)1026310 620 REINDERS INC Chemicals Park Maintenance 1026359 614 MENARDS Operating Supplies City Hall (City Cost) 277462 609 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 7871 603 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits277691602PROPOther Contracted Services CDBG - Public Service277497600RABBIT RESCUE OF MN Other Contracted Services Fitness Classes 277637 600 COVERTTRACK GROUP Dues & Subscriptions Police Sworn 277711 600 THE ADVENT GROUP Temp 494 Corridor Commission 7890 588 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting1026346566DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM277697563RENEW EDEN PRAIRIE Equipment Repair & Maint Police Sworn 1026364 561 MTI DISTRIBUTING INC Operating Supplies Fleet Operating 277638 552 DELEGARD TOOL CO Small Tools Fleet Operating 277615 547 ASSURED SECURITY Supplies - General Bldg Maintenance Facility1026314521VISTAR CORPORATION Merchandise for Resale Concessions1026307497MENARDSSafety Supplies Park Maintenance 277659 496 JOHNSON CONTROLS Contract Svcs - HVAC General Community Center 1026343 486 BOYER TRUCKS Equipment Parts Fleet Operating 1026357 482 KUSTOM SIGNALS INC Equipment Repair & Maint Police Sworn277455475EDEN PRAIRIE HOCKEY ASSOCIATION Other Contracted Services Ice Operations277488470NEUHARTH COMPANIES Other Contracted Services Capital Maint. & Reinvestment 1026302 463 GRAINGER Repair & Maint. Supplies City Center - CAM 277511 453 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 1026305 450 IDENTISYS Equipment Repair & Maint Public Safety Communications 277642 441 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Stormwater Collection277627425CENTURY COLLEGE Training Fire 1026334 425 SWANK MOTION PICTURES INC Licenses, Taxes, Fees Staring Lake Concert 277493 422 PETROCHOICE Lubricants & Additives Fleet Operating 1026276 416 CARLSTON, BRANDON Canine Supplies Fleet Operating 277667 415 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store1026296412ECM PUBLISHERS INC Legal Notices Publishing City Clerk 277438 402 CENTURYLINK Telephone IT Operating 277617 400 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 277519 378 ZOLL MEDICAL CORPORATION EMS Supplies-EMS Supplies Fire 1026320 376 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store277636370CORE & MAIN Repair & Maint. Supplies Stormwater Collection 1026360 366 METRO ELEVATOR INC Contract Svcs - Elevator General Community Center 277689 363 PRAIRIE RESTORATIONS INC Equipment Repair & Maint Water Supply (Wells) 1026324 360 FASTENAL COMPANY Safety Supplies Fleet Operating 277696 358 READY WATT ELECTRIC Repair & Maint. Supplies Emergency Management277425346BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1026326 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1026341 344 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 277717 343 WM CORPORATE SERVICES INC Waste Disposal City Center - CAM 1026282 338 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating 1026328 331 JOHNSTONE SUPPLY Contract Svcs - HVAC City Center - CAM 277654 330 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 277675 320 MINNESOTA RURAL WATER ASSOCIATION Conference/Training Utility Operations - General 1026286 308 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 277458 299 GERTENS Landscape Materials/Supp Park Maintenance277474296LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store277640293DOMACE VINO Liquor Product Received Prairie View Liquor Store 1026280 285 HACH COMPANY Laboratory Chemicals Water Treatment 1026375 281 USA SECURITY Building Repair & Maint.Utility Operations - General 277521 277 HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies City Center - CAM277484276MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store1026355270HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 277483 266 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 277656 262 J H LARSON COMPANY Supplies - HVAC City Center - CAM 1026340 262 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating277452257DOMACE VINO Liquor Product Received Den Road Liquor Store277678250MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 1026273 249 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store 277513 240 US POSTMASTER - HOPKINS Postage Customer Service 277440 238 CINTAS Operating Supplies Park Maintenance1026370237SHERWIN WILLIAMS CO Supplies - General Bldg City Hall (City Cost)277639 235 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1026373 230 STREICHERS Clothing & Uniforms Fire 1026352 227 FORKLIFTS OF MINNESOTA INC Maintenance Contracts Water Treatment 277503 226 SMALL LOT MN Liquor Product Received Prairie View Liquor Store277480222MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues & Subscriptions Administration1026368220REINDERS INC Chemicals Park Maintenance 277650 210 HENNEPIN COUNTY ATTORNEY'S OFFICE Miscellaneous DWI Forfeiture 1026371 210 SPRINT Cell Phones 494 Corridor Commission 277470 209 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 277705 208 STAPLES ADVANTAGE Office Supplies Elections277463206HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 277435 200 CANDALA AMIRTHAVALLI Other Contracted Services PeopleFest 1026358 196 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals 1026330 194 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 277634 190 COMCAST Internet IT Operating277683189OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 277703 186 SNAP-ON TOOLS Small Tools Fleet Operating 277447 186 DALCO Operating Supplies Fleet Operating 277713 184 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 277427 180 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store277512176URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 277624 169 BUSINESS ESSENTIALS Office Supplies Utility Operations - General 1026293 168 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 277489 161 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 277597 160 SPAKOUSKY PAUL AR Utility Water Enterprise Fund277451158DODGE OF BURNSVILLE Equipment Repair & Maint Fleet Operating 1026283 157 OLSEN CHAIN & CABLE Repair & Maint. Supplies Wasterwater Collection 277508 153 T-MOBILE USA Other Contracted Services Police Sworn 277660 151 JUST PLAIN WRONG BREWING CO LLC Liquor Product Received Den Road Liquor Store 277516 149 VERIZON WIRELESS Telephone E-911 Program 277561 148 HOFF NICHOLAS AR Utility Water Enterprise Fund 277481 142 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Den Road Liquor Store 277428 140 BERKNESS MICHELLE P&R Refunds Community Center Admin 1026279 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 277569 138 KOSEL JEFF AR Utility Water Enterprise Fund27742013656 BREWING LLC Liquor Product Received Den Road Liquor Store1026331134SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 277632 134 COMCAST Phone/Data/Web 494 Corridor Commission 1026347 132 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 277572 130 LOCHER ERIC AR Utility Water Enterprise Fund1026285130QUALITY PROPANE Motor Fuels Ice Arena Maintenance277623130BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1026350 127 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 277719 126 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues & Subscriptions Fire 1026327 125 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM1026379125ZIEGLER INC Equipment Parts Fleet Operating277679123MUFADDAL PHOTOGRAPHER AR Utility Water Enterprise Fund 277578 123 MOSKOWITZ STACY AR Utility Water Enterprise Fund 277600 123 THERIAULT ROBERT AR Utility Water Enterprise Fund 277492 120 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn277586120PARTANI SUNIL AR Utility Water Enterprise Fund277565119JOHNSON MARGARET AR Utility Water Enterprise Fund 277616 119 AWWA - MINNESOTA SECTION Conference/Training Utility Operations - General 277622 119 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1026274 116 AUSTIN, CHARLENE Tuition Reimbursement/School Fitness Classes277662115KODIAK CUSTOM LETTERING INC Clothing & Uniforms Fitness Admin.277476 114 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 277590 114 RIBEIRO MARK AR Utility Water Enterprise Fund 277432 114 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 277546 108 DILLION MARY AR Utility Water Enterprise Fund 1026365 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store277501104SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 277595 100 SCHULTENOVER JOYCE AR Utility Water Enterprise Fund 277606 99 XU JIANZHONG AR Utility Water Enterprise Fund 277643 98 GALLOGLY THOMAS AR Utility Water Enterprise Fund 277604 97 WESTON PATRICIA AR Utility Water Enterprise Fund102627797FASTENAL COMPANY Safety Supplies Fleet Operating 277584 96 OPEN DOOR LABS INC AR Utility Water Enterprise Fund 277556 96 GUNASEKARAN KEERTHI AR Utility Water Enterprise Fund 277490 95 ORTUNO LUIS P&R Refunds Community Center Admin 277466 92 INBOUND BREW CO Liquor Product Received Den Road Liquor Store27756391JEURISSEN TRACY AR Utility Water Enterprise Fund 277631 90 COMCAST Internet IT Operating 1026284 89 OLSON, ROBERT Mileage & Parking Police Sworn 1026308 88 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 277539 87 BIRT ERVIN AR Utility Water Enterprise Fund27753586ANDERSON TOM AR Utility Water Enterprise Fund 1026322 85 CUSTOM HOSE TECH Equipment Parts Fleet Operating 277583 84 OBRIEN BRIDGET AR Utility Water Enterprise Fund 277551 83 GETTINGS CAROLYN AR Utility Water Enterprise Fund 277605 83 WOLF TIM AR Utility Water Enterprise Fund 277591 81 RICHTER KEVIN AR Utility Water Enterprise Fund 277500 76 ROLFSRUD, VIRGIL AR Utility Water Enterprise Fund 277454 75 EARL F ANDERSEN INC Signs Traffic Signs 277477 75 METRO DINING CLUB Deposits General Fund 1026345 75 CITI-CARGO & STORAGE CO, INC Other Rentals Winter Theatre27758774PEARSON BRIAN AR Utility Water Enterprise Fund102633373STOCKWELL, WENDELL Dues & Subscriptions Inspections-Administration 277567 72 KOCH SANDY AR Utility Water Enterprise Fund 277540 72 BLUE JAMES AR Utility Water Enterprise Fund 1026329 69 MPX GROUP, THE Printing Police Sworn102628168JOHNSON, PHILLIP Operating Supplies Police Sworn27753466ANDERSON KEITH AR Utility Water Enterprise Fund 277537 64 BECKER ROBERT AR Utility Water Enterprise Fund 277482 61 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 277564 60 JOESTING DAVID AR Utility Water Enterprise Fund102630159GINA MARIAS INC Operating Supplies Volunteers27767459MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 277520 58 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 1026294 58 BOYER TRUCKS Equipment Parts Fleet Operating 277702 57 SHRED RIGHT Waste Disposal City Hall (City Cost)277431 57 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire787655PAYCHEXPayroll Admin. Fees 494 Corridor Commission 277594 54 SARDELLI CATHY AR Utility Water Enterprise Fund 277633 53 COMCAST Cable TV Fire 277698 53 ROCK HARD LANDSCAPE Operating Supplies Park Maintenance27759852TAUER JOEY AR Utility Water Enterprise Fund27756250HUNKELE RACHEL AR Utility Water Enterprise Fund 277571 49 KRAUS KATHERN AR Utility Water Enterprise Fund 277568 48 KOLLAR MICHAEL AR Utility Water Enterprise Fund 277552 45 GHILANI COLLEEN AR Utility Water Enterprise Fund 277444 45 COMCAST Cable TV Fire27758141NORRIS ROBERT AR Utility Water Enterprise Fund 1026363 39 MN SUPPLY Equipment Parts Fleet Operating 277430 35 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 277549 34 FAST RESULTS REAL SOLUTIONS AR Utility Water Enterprise Fund 277599 34 THAKKAR PRANAV AR Utility Water Enterprise Fund27757532LU YU AR Utility Water Enterprise Fund 277560 32 HERRON MATTHEW AR Utility Water Enterprise Fund 7880 31 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 277536 30 AUXIER ALLYCIA AR Utility Water Enterprise Fund 277545 30 DERIS TOM AR Utility Water Enterprise Fund27755029GEMMILL ROSS AR Utility Water Enterprise Fund 277576 26 MARTIN CHASE AR Utility Water Enterprise Fund 277699 26 ROCKEY, JOSH Mileage & Parking Senior Center Admin 277544 26 CITRANO JOE AR Utility Water Enterprise Fund 277554 25 GOODRICH JOHN AR Utility Water Enterprise Fund27760224VOTAVA RAY AR Utility Water Enterprise Fund 277443 23 COMCAST Other Contracted Services Police Sworn 277566 23 K&G INVESTMENTS LLC AR Utility Water Enterprise Fund 277573 23 LOCHNER LENOIR AR Utility Water Enterprise Fund 277542 23 BUGHER MARCUS AR Utility Water Enterprise Fund 277593 22 SALLSTROM LEANN AR Utility Water Enterprise Fund 277706 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 277707 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 277410 20 CHRIS CASTLE INC Website Development 494 Corridor Commission 277661 20 KARSCHNIA, JEANNE Other Contracted Services CDBG - Public Service27753319AGGARWAL TUSHAR AR Utility Water Enterprise Fund27758918PROPERTIES HALSEN AR Utility Water Enterprise Fund 277543 18 CANEDO JAVIER AR Utility Water Enterprise Fund 277585 18 PALLADINO DONIELLE AR Utility Water Enterprise Fund 277548 18 DSOUZA JASON AR Utility Water Enterprise Fund27760318WARD DAN AR Utility Water Enterprise Fund27754118BRIAN SANTA MARIA AR Utility Water Enterprise Fund 277574 17 LOVESETH HOLLY AR Utility Water Enterprise Fund 277557 16 HABERMAN CALEB AR Utility Water Enterprise Fund 277505 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating27759213ROMLIN JOHN AR Utility Water Enterprise Fund27749513PROFORMAOperating Supplies Customer Service 277553 12 GONYEA ANN AR Utility Water Enterprise Fund 277700 12 SCHLAMPP AMANDA Deposits General Fund 277596 12 SMYTHHURST REBECCA AR Utility Water Enterprise Fund27747112LAWSON PRODUCTS INC Equipment Parts Fleet Operating27754711DREYER HAROLD AR Utility Water Enterprise Fund 277582 11 NORTHERN VALUE GROUP AR Utility Water Enterprise Fund 277532 9 ADVANCED HOME EXTERIORS INC AR Utility Water Enterprise Fund 277601 8 THOMPSON KATHLEEN AR Utility Water Enterprise Fund2775557GREENWOOD DESIGN BUILD LLC AR Utility Water Enterprise Fund2775707KOSKI PAUL AR Utility Water Enterprise Fund 277577 7 MCPARTLIN TERRENCE AR Utility Water Enterprise Fund 277588 7 PETERSON ANGELA AR Utility Water Enterprise Fund 277538 6 BERENGUER DENISE AR Utility Water Enterprise Fund 277580 6 NELSON BENJAMIN AR Utility Water Enterprise Fund10263135UPSPostagePlanning 277559 5 HENTGES RICHARD AR Utility Water Enterprise Fund 277579 5 NEIS TIM AR Utility Water Enterprise Fund 277558 5 HAGEN JUSTIN AR Utility Water Enterprise Fund 7881 5 SQUARE Bank and Service Charges Prairie Village Liquor Store5,089,063 Report Total CITY COUNCIL AGENDA SECTION: Report of the City Manager DATE: October 20, 2020 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Sue Kotchevar ITEM DESCRIPTION: Authorize the use of CARES ACT Funds for grants to the Eden Prairie Foundation and the Eden Prairie Chamber of Commerce. ITEM NO.: XIV.B.1. Requested Action Move to: Authorize the use of CARES ACT Funds for grants to the Eden Prairie Foundation and the Eden Prairie Chamber of Commerce. Authorize up to $27,850 for the Foundation and $59,850 for the Chamber of Commerce. Synopsis Through the CARES ACT, the City has the ability to provide nonprofit grants to provide resources that alleviate the direct and adverse effects related to the COVID-19 public health emergency. All grant funds must be used solely to reimburse eligible nonprofit expenses. The Eden Prairie Foundation and the Eden Prairie Chamber of Commerce have requested reimbursement of eligible costs due to the COVID 19 public health emergency. The Eden Prairie Foundation and the Eden Prairie Chamber of Commerce provide important services to Eden Prairie citizens and businesses. The organizations have been impacted by COVID-19 public health crisis. Business has been interrupted due to the crisis as they can no longer conduct their normal activities because of needed social distancing measures and they have seen decreased demand for events. Eligible non-profit operating costs include employee payroll and benefits, rent/lease payments, mortgage payments, utilities, payments to suppliers, license fees, and other expenses specific to the pandemic response (e.g. employee training, reopening plans, personal protective equipment). Nonprofits are required to submit revenue, employment, eligible cost and other documentation to substantiate the impact of their operations due to the crisis and to provide documentation to support amount to be reimbursed. Finance will work with the Foundation and the Chamber of Commerce to obtain and review the documentation. Attachments Letter of request from the Eden Prairie Foundation Letter of request from the Eden Prairie Chamber of Commerce Rick Getschow, City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Oct. 12, 2020 Dear Mr. Getschow, On behalf of the Eden Prairie Community Foundation, its board and supporters, I am requesting reimbursement of expenses related to COVID-19 from July through October 2020. It’s our understanding that a portion of the CARES Act funding to the city can be used to support local nonprofits that have suffered and continue to suffer as a result of the pandemic. It’s our further understanding that these funds are available to assist with payroll, rent payments, and other expenses that are directly impacted by COVID-19. As you know, the Foundation is a 501(c)(3) organization that has been filling unmet needs in Eden Prairie for nearly 40 years. In the last five years alone, more than $1 million in philanthropy has been generated through the Foundation in the form of grants. In mid-March, the Foundation responded quickly to the pandemic by creating the COVID-19 Response Fund and devoting substantial resources to its growth so that emergency funding could be directed to nonprofits serving residents suffering hardship from the pandemic. More than $70,000 has been raised, and nearly $43,000 of that has already been granted to help with food insecurity, rental assistance, PPE equipment, mental-health counseling, and more. One hundred percent of every donation goes to pandemic- related needs in Eden Prairie, and the entirety of the fund will be granted during the pandemic and recovery. This has provided critical support to residents, but has required substantial time and resources from the Foundation. This, combined with our inability to hold traditional fundraising events, has resulted in a $53,000 deficit projected for the Foundation’s 2020-21 budget ending June 30. Therefore, we request that the following COVID-19 related expenses be considered for CARES Act funding: Staff salary, July through October, $26,064 COVID-19 Fund mailing to 3,400 EP households, $1,260 Facebook ads for COVID-19 Fund, $260 Additional COVID-related marketing, $50 Four months’ rent, $120 Alternate-technology costs, $60 TOTAL REQUEST FOR REIMBURSEMENT, $27,834 The Foundation can provide documentation for all of these expenses, if requested. Thanks for your consideration. Sincerely, Mark A. Weber Executive Director Eden Prairie Community Foundation October 8th, 2020 Rick Getschow City Manager – City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Getschow, On behalf of the Eden Prairie Chamber of Commerce and its members, we would like to request expense reimbursement for expenses incurred during Covid-19 pandemic from March 1, 2020 through October 31, 2020. It is our understanding that the city has created a grant program that we would be eligible for to reimburse costs such as payroll, office rent, and other expenses. The Eden Prairie Chamber is a 501C(6) organization and has been supporting the Eden Prairie businesses and community for over 50 years. We provide a wide variety of services, programs and resources for our members, area businesses and others from networking events, business seminars and conferences, public policy support, connecting our businesses and students on workforce issues and providing key information on issues and opportunities impacting Eden Prairie. Since March 1st, the Eden Prairie Chamber has experienced financial losses due to the impact of Covid-19. When the pandemic first started and our Governor took action via Executive Order, we shifted our focus from some of our traditional services of in-person meeting and major events like the Eden Prairie Home, Landscape and Garden Expo, to providing daily updates to our businesses with the latest information from the White House down to our local government. Myself and additional staff focused our time on how we could provide assistance to area businesses and to find the most updated information to share that would help them and guide them through what was happening. In addition, we fielded requests on how businesses could access loans, grant dollars through PPP and other efforts to assist those impacted by Covid-19 and the pandemic. We moved to hosting online events free, we helped promote our local businesses with promotions like Take out Tuesday and other marketing efforts through our 2,000+ e- mail list and social media posts. In addition, we video taped business interviews to help showcase how our businesses could open safely; and recently distributed 100,000 face masks to area businesses in need. In addition, we reduced expenses everywhere we could by reducing staff compensation and benefits, training budgets, office expenditures and ultimately eliminated two full time positions. The following are expenses we would like to request for consideration to be reimbursed per the eligible expense reimbursement period: • Rent of $22,030.51 • Payroll of $28,590.10 • Phone/internet of $3,464.89 • Equipment and computers of $5,757.44 Total of these expenses equals $59,842.94 The Eden Prairie Chamber meets all the criteria for the city of Eden Prairie’s grant program and we greatly appreciate your consideration. Sincerely, Pat MulQueeny President Eden Prairie Chamber of Commerce