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City Council - 04/20/2021
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, APRIL 20, 2021 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey 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. EDEN PRAIRIE FOUNDATION UPDATE Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. CHRISTIE MICHAELS-FLAHERTY – MILLER SPRING B. MARILYNN TORKLESON – MILLER SPRING III. ADJOURNMENT The EP Foundation as a "hub," connecting civic groups and nonprofits Eden Prairie residents are better served if community organizations are communicating and collaborating Hardships create physical, cognitive, emotional, and social roadblocks for Eden Prairie families, and especially children. We're aiming for systemic change. HELP WITH HARDSHIP We want to be a connector, so that EP's greatest needs are comprehensively met without duplication, and resources are communicated to residents. BE A HUB We can help unite EP by enabling and inspiring our "community of communities" to connect, collaborate, and celebrate but also work together to address challenges we face. UNITE ON DIVERSITY Making impacts like you see on this page require resources that go beyond what currently exists at the Foundation. So, we need to increase our capacity, not just in dollars but in volunteers. INCREASE OUR CAPACITY EPCF STRATEGIC PLAN Hunger, homelessness, and other socio-economic issues create physical, cognitive, emotional, and social roadblocks for families and especially children. Short-term, the Foundation wants to do more in the areas of affordable housing and unemployment/underemployment. From our Plan: Help with Hardship Our Focus: Affordable-Housing Coalition: An idea being studied by the Foundation Serve as a "connector" so that EP's greatest needs are comprehensively being met without duplication, and resources or solutions are communicated to residents and businesses. Improve communication and collaboration among 80-plus organizations serving EP, and make residents more aware of resources available to them. From our Plan: Be a Hub Our Focus: The Foundation’s Hub KSI Team A mix of volunteers and EPCF Board members 6 Current action needed:Preparing our business for market recovery Molly Koivumaki Susan LeddickThomas Achartz Astrid MozesJay Lotthammer Mark WeberHolly Link We group like organizations and find an ambassador to connect with each ©2020 Eaton. All rights reserved..Privileged & Confidential –Attorney/Client Communication 8 Civic & Business: Group 12 Ambassador 12 Molly Koivumaki Organization Name: Strength of Relation ship:Demographics Category Sub-Category Ambassador groups Eden Prairie A.M. Rotary Club Civic Services Civic 12 Eden Prairie Chamber of Commerce Companies Business Biz relationships 12 Eden Prairie Lioness Club Civic Education ALL 12 Eden Prairie Lions Club Civic Education ALL 12 Eden Prairie Noon Rotary Civic Education ALL 12 Eden Prairie Optimists Club Civic Education Youth 12 Eden Prairie Women of Today Civic Education Woman 12 Pilot ©2020 Eaton. All rights reserved..Privileged & Confidential –Attorney/Client Communication 9 Youth –Groups 1 Ambassador 1 Holly Liink Organization Name: Strength of Relation ship:Demographics Category Sub-Category Ambassador groups Academy for Young Leaders Youth Education Mentorship 1 Aeon for Ocean Youth Education Marine life protection 1 Avenues For Homeless Youth Youth Housing Out of homelessness 1 Boy Scouts of America - Northern Star Council Youth Education Scouting 1 Eden Prairie High School Outreach Room Youth Experiences Volunteering 1 MoveFwd Youth Housing Prevent Homelessness 1 Onward Eden Prairie Youth Housing Prevent Homelessness 1 Performing Institute of Minnesota (PiM) High School Youth Arts Art & Education 1 TreeHouse Youth Education Spiritual 1 YMCA of the Twin Cities Youth Education Developments 1 Beliefs, principles, background, more Outlines what the Foundation wants to learn and share The Playbook Create value for all of the organizations that participate in the hub. Develop relationship with regular contact between ambassador and liaison Know what each other is doing, and find new ways to work together. Provide a means to share a lot of the valuable information collected by and from Eden Prairie organizations. Create an easy-to-update online tool that increases residents' knowledge of what services are available. Technology platform Goals & Tasks Gradual roll-out as we finalize the playbook and identify ambassadors. Steps taken, steps ahead for the hub Pilot program with civic organizations 2nd ambassador-liaison program with organizations serving EP youth Development of a technology platform to share valuable information Full roll-out of the ambassador-liaison program Increase the value of being part of the hub AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 20, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey 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. HENNEPIN COUNTY COMMISIONER CHRIS LATONDRESSE B. ACCEPT GIFT FROM ELAINE SAMPSON FOR ART CENTER EQUIPMENT AND PROGRAMS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 6, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 6, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE SUBRECIPIENT AGREEMENT FOR USE OF $25,000 IN CDBG-CV FUNDS TO MAKE COVID SAFETY UPGRADES TO LUANN’S PLACE C. APPROVE LEASE AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 272 FOR TASSEL TRANSITION PROGRAM IN EDEN PRAIRIE CITY CENTER CITY COUNCIL AGENDA April 20, 2021 Page 2 D. AUTHORIZE AGREEMENT FOR PURCHASING GOODS AND SERVICES WITH QUALITE SPORTS LIGHTING FOR MILLER PARK LIGHTING IMPROVEMENT PROJECT E. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR REPAIR AND MAINTENANCE OF TRAILS AND PARKING LOTS F. DECLARE SQUAD #227 SURPLUS PROPERTY AND AUTHORIZE REPLACEMENT VEHICLE PURCHASE IX. PUBLIC HEARINGS / MEETINGS A. CODE AMENDMENT FOR GYMNASIUMS by City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 11 Relating to Gymnasiums (Ordinance) B. 7076-7078 SHADY OAK FAÇADE REMODEL by SOT G OWNER LLC. Direct Staff to prepare Development Agreement. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF WASTE XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL AGENDA April 20, 2021 Page 3 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: April 16, 2021 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, April 20, 2021 ___________________________________________________________________________________________ TUESDAY, APRIL 20, 2021 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. HENNEPIN COUNTY COMMISIONER CHRIS LATONDRESSE B. ACCEPT GIFT FROM ELAINE SAMPSON FOR ART CENTER EQUIPMENT AND PROGRAMS (Resolution) Synopsis: This donation from Elaine Sampson will go to the Art Center to expand Art Center programming and equipment. MOTION: Move to adopt the Resolution accepting the donation in the amount of $10,000 from Elaine Sampson to go towards Art Center equipment and programs. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES ANNOTATED AGENDA April 20, 2021 Page 2 MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 6, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 6, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-F on the Consent Calendar. A. CLERK’S LICENSE LIST B. APPROVE SUBRECIPIENT AGREEMENT FOR USE OF $25,000 IN CDBG-CV FUNDS TO MAKE COVID SAFETY UPGRADES TO LUANN’S PLACE C. APPROVE LEASE AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 272 FOR TASSEL TRANSITION PROGRAM IN EDEN PRAIRIE CITY CENTER D. AUTHORIZE AGREEMENT FOR PURCHASING GOODS AND SERVICES WITH QUALITE SPORTS LIGHTING FOR MILLER PARK LIGHTING IMPROVEMENT PROJECT E. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR REPAIR AND MAINTENANCE OF TRAILS AND PARKING LOTS F. DECLARE SQUAD #227 SURPLUS PROPERTY AND AUTHORIZE REPLACEMENT VEHICLE PURCHASE IX. PUBLIC HEARINGS / MEETINGS A. CODE AMENDMENT FOR GYMNASIUMS by City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 11 Relating to Gymnasiums (Ordinance) Synopsis: In 1982, Chapter 11 of City Code was amended to allow gymnasiums as permitted uses in the Industrial Zoning Districts and included specific parking requirements for gymnasiums. Uses determined to be a gymnasium are allowed to occupy 100% of a building square footage in the Industrial Zoning Districts. Over the years, a number of issues have arisen while applying this portion of the City Code. Without a definition of gymnasium there has been a broad interpretation and inconsistent application of the term and the uses that could fall under this category. ANNOTATED AGENDA April 20, 2021 Page 3 The proposed change includes adding a definition of gymnasium. The primary objective of adding the definition is to improve the consistency in interpreting and applying this portion of the Code. MOTION: Move to: Close the Public Hearing; and Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to gymnasiums B. 7076-7078 SHADY OAK FAÇADE REMODEL by SOT G OWNER LLC. Direct Staff to prepare Development Agreement. Synopsis: The applicant is proposing an exterior remodel of the current industrial building. The building was built in 1984, and the applicant will be making changes to update the building. The proposed changes include changing exterior building elevations to a more modern façade for a new tenant. MOTION: Move to: Close the Public Hearing; and Direct Staff to prepare an Amendment of the Developer’s Agreement incorporating Staff recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF WASTE Synopsis: Hennepin County requires cities to provide for the curbside collection of organic materials to its residents in single-family through fourplex dwellings, along with other residential households where each household has its own collection container for mixed recyclables, by January 1, 2022. Eden Prairie has opted to meet this requirement by requiring licensed haulers to provide the service as part of their licensure. Section 5.36 has been modified to reflect that requirement and some administrative items have been updated to reflect best practices in waste collection licensure. MOTION: Move to approve first reading of an ordinance amending City Code Chapter 5, Section 5.36 relating to licensing of collectors of waste. ANNOTATED AGENDA April 20, 2021 Page 4 XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: April 20, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Elaine Sampson to Art Center ITEM NO.: IV.B. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $10,000 from Elaine Sampson to go towards Art Center equipment and programs. Synopsis This donation from Elaine Sampson will go to the Art Center to expand Art Center programming and equipment. Background In April of 2008, the City of Eden Prairie accepted the donation of a 5,400 square foot building to be used as an art center. With the City Council approval, it has become the largest single gift ever offered to the City of Eden Prairie. In May of 2009, the Art Center opened its doors to the public and has become a much needed and appreciated creative institution for the residents of Eden Prairie. Since 2009 the Art Center programs have grown every year. Beyond classes and summer camps, private lessons, open studio time, birthday parties, group outings, events and display artwork of local artists are offered. The mission of the Eden Prairie Art Center is to enhance the quality of life and foster creativity in our community by providing access to the arts for people of all ages and abilities. Staff work to achieve this mission by offering exceptional programing and studio space in mediums ranging from painting, drawing, ceramics, fused glass, jewelry and more. There are classes for all ages, toddler to senior. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $10,000 from Elaine Sampson to be used for the Art Center 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 April 2021. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, APRIL 6, 2021 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey 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. 2020 QUALITY OF LIFE SURVEY RESULTS Getschow noted the City does a biennial, statistically significant survey of our residents. This is an important factor of building the City Work Plans and City budget. Jade Arocha, Senior Program Analyst with National Research Center (NRC)/Polco, stated this is the eight iteration of the Quality of Life Survey. She presented the survey methods for the 2020 Quality of Life Survey. NRC/Polco has a mail-based methodology and sends to 2,000 randomly selected households in Eden Prairie with a three-part mailing. They received 510 responses through the mail. An open participation online survey received 859 responses. 1,369 responses total were received. After a thorough analysis, both of the survey method data sets were similar enough that they could be combined. There was a plus or minus three percent error. The amount of surveys mailed in was above average compared to other communities. The results are weighted with community demographics. Results are compared to benchmark comparisons on three levels. Arocha stated Eden Prairie continues to be a highly desirable place to live and raise a family. 93 percent of residents think Eden Prairie has an excellent or good quality of life. This rating is higher than national and Central Region benchmarks. The rating is similar to prior years. Nine in ten residents positively rated the City as a place to live, work, and their neighborhood as a place to live. These ratings were higher than all three sets of benchmarks. When discussing changes over time, it is important to take the pandemic into consideration. There were relatively few changes over time. 93 percent rated the City as a place to raise children, and 89 percent rated the overall education opportunities positively. Arocha stated the next key finding was residents continued to rate safety-related aspects highly, with a few crime-related concerns. At least nine in ten residents rated safety services as excellent or good. While fire services were considered similar to the benchmarks, they are still rated highly. It is difficult to be higher than average at 95 percent. 92 percent of residents rated overall feeling of safety in the City positively. This was higher than all three City Council Workshop Minutes April 6, 2020 Page 2 benchmarks. Nine in ten residents reported they felt very, or somewhat safe in neighborhoods, the Eden Prairie Center mall, parks and open space, retail parking lots, and paths and walking trails. Case clarified if it was a five point scale. Arocha responded yes. They refer to it as percent positive, combining excellent and good for the positive rating. It does not include fair responses. Arocha stated in response to what residents considered problems in the community, one third indicated traffic was a moderate, major, or extreme problem. About three in ten stated vandalism and property crime as a problem. 17 percent said drugs, 18 percent said youth crimes, 22 percent said stop sign violations, and 21 percent stated identity theft. Most of the rating were similar to the rating in the past survey, although the perception of drugs as a problem in the community did decrease from 2018. 92 percent rated the quality of contact with the police department as excellent or good. Most residents stated they had contact with police through Night to Unite and community events. The rates were similar to past years, except the amount of people who had contact through reporting a crime increased from 2018. In regards to the open ended questions, about five percent remarked what they liked least was rising crime or safety concerns. At least ten percent stated what they liked most was the overall feeling of safety. Arocha stated the next key finding was community parks, recreation, and natural environment continue to be a valued community asset. 94 percent of residents think Eden Prairie has an excellent or good overall natural environment. This rating was similar to previous years and also higher than all three sets of benchmarks. Highly rated characteristics related to natural environment include cleanliness, air quality, paths and walking trails, fitness opportunities, and recreational opportunities. All of these ratings were higher than the benchmarks. In regards to the open-ended questions, 34 percent of residents stated they were delighted with parks, trails, and recreation centers in Eden Prairie. Seven percent stated open spaces, nature, and wildlife were their favorite aspect of Eden Prairie. The use of outdoor amenities increased for smaller parks and the Richard T. Anderson conservation area. Most of the usage of amenities remained similar except the use of the Community Center, which could be another impact of COVID-19 and closures. A nationwide trend in 2020 was residents were far more likely to get outside and enjoy outdoor amenities. All parks and recreation amenities were rated excellent or good by at least eight in ten people. These ratings were consistent with prior years. Narayanan inquired about the lower number of eight in ten. Arocha responded eight in ten is still a very good number, but it is a summary of all of the amenities asked about in the survey. At least eight in ten rated amenities as excellent or good. Getschow added the survey asked about the overall quality of nine amenities. Seven of the nine amenities were rated 90 percent or higher. The Art Center was rated 89 percent and the Senior Center was rated 83 percent. The Senior Center has been closed due to COVID-19. Every amenity was rated higher than 2018 except the Art Center and Senior Center. Arocha stated nine in ten rated parks and recreation services as excellent or good specifically in park maintenance, trail maintenance, recreation centers, recreation services, and preservation of natural areas. Trail maintenance does not have benchmark comparisons and recreation services were similar to the benchmarks. All other items were higher than the benchmarks and consistent with prior years. The next key finding was residents continue to City Council Workshop Minutes April 6, 2020 Page 3 praise their City services. 92 percent of residents think the overall quality of services was excellent or good. This is similar to previous survey years and higher than all benchmarks. The value of services received were rated excellent or good by at least seven in ten people. While it is a lower number, this rating is considered higher than the benchmarks. Residents are asked to specifically think about the money they are spending on services. Of the 33 individual services reviewed, 12 received positive scores from at least nine in ten residents. Eight in ten residents rated 16 services positively. The lowest rated of the 33 individual services was traffic signal timing. Almost all of the services were rated higher or much higher than the benchmarks. Top-rated City services were fire services, fire department response time, Hennepin Healthcare EMS response time, park maintenance, trail maintenance, police services, and overall customer service by Eden Prairie employees. In regards to customer service provided by the City, about 62 percent stated they have contacted the City in the 12 months prior to the survey. The highest rates of contact were with police, the Community Center, and general information. 93 percent rated overall customer service as excellent or good. Courtesy, knowledge, responsiveness, and follow-up were rated 91 percent and above. Arocha stated the next key finding was public transportation and light rail are a focus of the community. Ease of public transportation was rated excellent by 16 percent, good by 30 percent, fair by 27 percent, and poor by 27 percent. The percent positive rating was higher than the national benchmark. In regards to the open-ended question, about ten percent stated needed improvements for public transportation and concern about the light rail. Majority of the comments about the light rail were negative. The comments included in this grouping were negative regarding light rail. Many did not say why, but few remarks commented on safety. Case noted the polar opposites of the subject matters. Arocha clarified some of the open- ended responses commented on both a need for improved transportation and a dislike for light rail transit. Narayanan stated the subjects should be separated. Case agreed and inquired if these is another question in the survey that quantifies the number of people with concern about the light rail. Arocha responded there were no light rail specific closed-ended questions in the survey. Light rail was only brought up in the open-ended questions. The need for further information gathering in regards to light rail came up in the Staff workshop. More information gathering could be done on the Polco platform. Narayanan added he would like to see the number of people who made comments of concern about the light rail and the number of those who are excited about the light rail. Arocha replied she does not know the specific number off hand, but there were probably a few dozen of negative light rail comments. There were probably five or less people sharing excitement for the light rail. Again, there were no specific questions asking about light rail. Case stated concern about not being able to quantify this negative perception of light rail transit. There are concerns about a looming fear of Eden Prairie changing. He inquired if a Polco survey would be statistically valid. Arocha stated it largely depends on the number of respondents and the demographic split of those respondents. This could be tracked with verifying users. They could do a relatively low-cost postcard mailer asking residents to participate in the online survey. Narayanan added he would like to see the specific number of respondents. Nelson added there are different reasons people may dislike light rail, and it is not clear from this survey. Getschow replied the decision for the survey was to keep the questions the same as 2018, but to have the option of creating a subsequent survey or Polco survey on specific topics. Arocha City Council Workshop Minutes April 6, 2020 Page 4 added the survey is very limited with only five pages, and it is important to keep consistency with questions for the purposes of benchmarking statistics. Their recommendation would be to survey residents on the specific topic rather than including one or two questions on a topic that could be considered polarizing. Arocha stated the next key finding is residents’ use of some City information sources increased in 2020. Top-used information sources were word of mouth, the City website, Parks and Recreation Program Guide, and Life in the Prairie Newsletter. These remained similar from previous years. Uses of information sources that increased were the City website, City News email and text subscriptions, and Nextdoor. Newspaper subscriptions increased dramatically in 2020. It could be partially due to the pandemic and partially due to a local newspaper discontinuing. Narayanan inquired if there were statistics on social media platforms. Case added Council will receive the full report. Getschow noted the presentation included the top five information sources. The survey also included the City E-News email, Nextdoor, local television and radio, anything online, Facebook, City broadcasted meetings, Twitter, and the general local government access channel. Narayanan thanked NRC for their report and Staff for the work they continue to do. Nelson echoed those thanks. Case echoed the thanks and added it is nice to see the decisions of the Council validated. Arocha noted she will revise and recode the light rail and transportation category for open-ended questions and provide an update. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. JOHN MALLO – SENIOR CENTER John Mallo, 14000 Forest Hill Road, stated CDC guidelines allow for seniors to gather indoors without masks that are vaccinated. He would like to see Mondays, Wednesdays, and Fridays be open at the Senior Center for seniors who are vaccinated. Vaccination passports have existed for many years. People have been required to show proof of a vaccine for schools, jobs, and travel. He is concerned about wearing a mask in the wood shop while wearing glasses for safety purposes. Toomey inquired if they have to wear a mask or respirator when in the wood shop. Mallo responded they are required to have their eyes protected. The room has a very good ventilation system. Case stated we would all like things to open up as fast as possible. Staff continue to balance what is appropriate. Lotthammer stated Staff currently follow the State guidelines with social distancing and mask-wearing. The CDC has said they are okay with people gathering in their homes when they are fully vaccinated. A group of word shop users gathered virtually with Staff to get feedback. There was agreement, with the exception of Mr. Mallo, to move forward with reserving time slots. Most of the senior events and activities are virtual and may move forward with some outdoor events in the summer. Case stated he appreciates his concern. He trusts Staff to do their best and to open when appropriate. City Council Workshop Minutes April 6, 2020 Page 5 B. SUE BENNETT – MILLER SPRING Sue Bennett, 9992 Indigo Lane, stated the community would like to start a petition to purchase the property and keep it as a conservation area. She would encourage the City Council to support these efforts and vote no for the development of the property. Case replied Council has heard many comments on Miller Spring. The property has been up for sale for the last decade and has been zoned this way for many years. All of the Council is committed to the community and will do their due diligence to make the very best decision for the good of all. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 6, 2021 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, P G Narayanan, Kathy Nelson, and Lisa Toomey 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 City Council Members were present. Council Member Narayanan attended the meeting virtually. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2020 QUALITY OF LIFE SURVEY RESULTS PRESENTATION Getschow explained every two years we get results of our Quality of Life community survey which provides a statistical sampling of residents’ opinions about our core services and our community characteristics. Our website will have a full report of the detailed responses to the survey after tonight’s meeting. He introduced Jade Arocha, representing Polco/National Research Center, who attended the meeting virtually. Ms Arocha gave a PowerPoint presentation reviewing the results of the 2020 Quality of Life Survey. She reviewed the survey methods used, noting the process included three initial mailings to notify the 2000 Eden Prairie families selected for the survey. Following the initial mailings, the survey and instructions for its completion were mailed out twice. The survey was completed and returned by 510 families. In addition, following the majority of the data collection, a separate opportunity was offered online so all residents of the City could participate in the survey. Another 859 surveys were returned in response to the online offer. Three benchmark comparisons of the survey data were completed: the first compared the data to the entire national database; the second compared the data for all Minnesota communities; and the third compared the data to other communities in Minnesota that have similar populations to Eden Prairie. CITY COUNCIL MINUTES April 6, 2021 Page 2 Ms Arocha continued her presentation with an in-depth summary of the survey results for each category included in the survey. She announced 93% of the respondents ranked the quality of life in Eden Prairie as excellent or good, and 92% have an excellent or good overall feeling of safety in the community. She reviewed the problems identified by the survey respondents which included such issues as traffic speeding, vandalism and property crime and identity theft. Community parks, recreation and the natural environment continue to be a valued community asset. The overall quality of City services was rated as excellent or good by 92% of the respondents. Getschow stated staff and the City Council always reflect back on the results of the community survey as we meet to prepare the two-year budget and our City-wide work plans. We are in the process of putting together the City budget for 2022-2023. This survey is one of the important pieces of feedback we get as we start work on the 2022- 2023 budget. Nelson expressed her appreciation for all the employees who provide a high level of service to the community which adds to our quality of life. Case stated the Council Members try to spend the taxpayers’ money appropriately, and it is nice to see the results of our decision-making have been affirmed by over 90% of the residents who took the survey. B. SUN CURRENT READER’S CHOICE AWARDS Lotthammer stated the City has an opportunity on a yearly basis to be a part of the Sun Current Reader’s Choice Award. Sun Current readers participate in selecting the award winners. He announced Eden Prairie has received three of the awards for 2020. Matt Bourne, Parks-Natural Resource Manager, reported Eden Prairie received the 2020 Reader’s Choice Award for “Best Water Park/Splash Pad” for the Round Lake Splash Pad. He noted this is the first year we have received that award. Valerie Verley, Community Center Manager, stated Eden Prairie once again received the “Best Recreation Center” award for the Community Center. This is the sixth time we have received this particular award. In addition, for the third time we received the award for “Best Indoor Water Park” for the Community Center. Case thanked Bourne and Verley for the presentation and expressed the Council’s pride in all of our staff. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow noted there is a replacement for Item D on goldenrod paper to reflect revisions in the resolution for that item. In addition, the Consent Calendar has been revised to remove Item L regarding the West 70th Street improvements. That item will be brought back at a later date. The Annotated Agenda provided this evening has been amended to remove Item L CITY COUNCIL MINUTES April 6, 2021 Page 3 and to renumber Items M-P as Items L-O. MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as amended. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 16, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 16, 2021 MOTION: Nelson moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, March 16, 2021 and the City Council meeting held Tuesday, March 162, 2021, as published. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR Case noted this Consent Calendar includes approval of the purchase of body cameras for police officers and asked when our officers will be wearing the cameras. Police Chief Weber said the police force should be camera-ready in eight to ten weeks. A. CLERK’S LICENSE LIST B. APPROVE ENTERING INTO LEASE FOR RILEY HOUSE C. APPROVE 2020 UNBUDGETED FUND TRANSFERS D. ADOPT RESOLUTION NO. 2021-26 DECLARING CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS E. ADOPT RESOLUTION NO. 2021-27 AND AUTHORIZE ENTRY INTO LABOR CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) F. APPROVE PURCHASE OF BODY-WORN CAMERAS FOR POLICE DEPARTMENT FROM WATCHGUARD VIDEO G. APPROVE CONTRACT WITH VERTEX UNMANNED SOLUTIONS, LLC FOR PURCHASE OF UNMANNED AERIAL SYSTEM (DRONE) AND ASSOCIATED EQUIPMENT CITY COUNCIL MINUTES April 6, 2021 Page 4 H. DIRECT STAFF TO NOT WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04. I. APPROVE QUOTE AND AUTHORIZE LOGIS TO REPLACE COUNCIL CHAMBERS CORE AT CITY HALL J. APPROVE CONTRACT FOR GOODS & SERVICES WITH EULL’S MANUFACTURING FOR FRANLO ROAD RETAINING WALL K. APPROVE CONTRACT FOR 2021 STREET STRIPING PROJECT L. APPROVE LAYOUT AND ADOPT RESOLUTION APPROVING APPRAISAL VALUES AND PROPERTY ACQUISITION FOR WEST 70TH STREET IMPROVEMENTS (Item pulled from Consent Calendar) M. ADOPT RESOLUTION NO. 2021-28 APPROVING APPRAISAL VALUES AND PROPERTY ACQUISITION FOR DUCK LAKE ROAD IMPROVEMENTS N. APPROVE AGREEMENT WITH WATERFRONT RESTORATION TO CONDUCT WATERCRAFT INSPECTIONS O. DECLARE PROPERTY AS SURPLUS P. APPROVE TREE REMOVAL AGREEMENT AND AGREEMENT REGARDING SPECIAL ASSESSMENTS WITH KATHRYN WILLIAMS MOTION: Freiberg moved, seconded by Toomey, to approve Items A-O on the amended Consent Calendar. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” IX. PUBLIC HEARINGS / MEETINGS A. SMITH DOUGLAS MORE HOUSE COA by Ann Schuster. Certificate of Appropriateness for installation of fencing around outdoor areas. Case commended the Schusters for their willingness to run the Smith Cafe inside our historic Smith Douglas More House. He noted modifications to our heritage sites have to go through approval of the HPC before coming to the Council. Getschow said the Smith Douglas More House is located at 8107 Eden Prairie Road and it is a locally designated Heritage Preservation Site. Ann Schuster, as the lessee of the property, is requesting approval of a Certificate of Appropriateness to install fencing on the property. A Certificate of Appropriateness (COA) is required to erect any structure on a Heritage Preservation Site. The Historic Preservation Sites portion of the City Code defines fence as a structure. At its March 15, 2021 meeting, the CITY COUNCIL MINUTES April 6, 2021 Page 5 Heritage Preservation Commission (HPC) reviewed the COA request and recommended on a unanimous vote that the City Council approve the COA. Alex Schuster, representing Smith Cafe, gave a PowerPoint presentation describing the request to install a fence around the backyard area of the property. They want to install the fence so they can serve wine and beer and to make additional use of the backyard of the property. He displayed a site drawing of the area for the fencing and described the fencing to be used. Case asked if people would enter the area from the inside of the building. Mr. Schuster replied they would enter the area through the gate between the parking area and the cafe. Karen Longstad, a resident on Lincoln Lane, said she owns the property to the north of the Smith Douglas More House and supports this request. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing, and to adopt the Findings of Fact and Approve Certificate of Appropriateness 2021-01- 032 for the installation of fencing around the back yard area and the mechanicals at the Smith Douglas More House. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” B. CHASE BANK (2020-12) by The Architect Partnership. Resolution 2021-29 for a Planned Unit Development Concept Review on 0.61 acres; Approve First Reading of an Ordinance for Planned Unit Development District Review with waivers on 0.61 acres (Resolution No. 2021-29 for PUD Concept Review and Ordinance for PUD District Review) Getschow said the applicant is proposing to construct an approximately 3,300 square foot, single story bank building with a drive-through. The 0.61-acre site is located near the intersection of Plaza Drive and Prairie Center Drive and is currently the site of the vacant Baker Square building. The applicant is here virtually to give a presentation. Brian Wurdeman, representing Chase Bank, gave a PowerPoint presentation of the proposal. He stated the project will include the demolition of the Bakers Square building and the construction of a new one-story bank building. Parking will be on the south and north sides of the building. He reported they have removed one parking stall and added more greenery on the side of the building since the plan was reviewed by the Planning Commission. There will be enhanced connections to nearby businesses such as Starbucks. He reviewed the landscape plan which provides enhanced landscaping for the property and explained the underground stormwater treatment system that will provide drainage from the site. There will be LED lighting throughout as well as improved pedestrian/bicycle connectivity. He displayed the building floor plan and the elevations. CITY COUNCIL MINUTES April 6, 2021 Page 6 Toomey thanked Mr. Wurdeman for adding more trees to the landscaping plan and asked if there will be charging stations for electric vehicles in the parking plan. Mr. Wurdeman replied they are not proposing any at this time. Nelson asked if vehicle and pedestrian access to nearby stores will be maintained while the existing building is demolished and the new building constructed. Mr. Wurdeman replied access to the adjacent businesses will be coordinated with the construction manager and will be maintained at an acceptable level throughout the process. Nelson thanked them for using the runoff water to irrigate the landscape plantings. There were no comments from the audience. MOTION: Freiberg moved, seconded by Toomey, to close the public hearing; to adopt Resolution No. 2021-29 for a Planned Unit Development concept review on 0.61 acres; to approve the first reading of the ordinance for a Planned Unit Development District review with waivers on 0.61 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Sport Trends Document Overview Getschow explained this item is a follow-up to some Council discussion regarding our Capital Improvement Plan (CIP). CITY COUNCIL MINUTES April 6, 2021 Page 7 Lotthammer gave a PowerPoint presentation reviewing the Sport Trends Report prepared by department staff based on data gathered in alignment with their areas of expertise and with input from School District representatives. He explained the report is intended to document past sport participation and to forecast future participation. The purpose of the data gathering and analysis is to help guide future staffing, program planning, facility development, and redevelopment. It will also provide the ability to share information and trends with the Council and community members to help “right size” our facilities. He noted the report has been shared with the Parks Commission and some of the youth athletic association volunteers. All of the results and trends identified are local and probably are different from those of other nearby cities. We do look at state and national trends, but we also like to look at what is happening here. Lotthammer introduced Doug Tucker who serves as the liaison to Youth Sports organizations. He noted Doug is a graduate of Eden Prairie High School and grew up in our local sports organizations. Doug Tucker, Recreation Supervisor, described the data collection and sources used for the report. He reviewed the findings of the report and discussed some of the trends identified from the research. Lotthammer pointed out there is a lot of participation in a variety sports and we offer a wide range of sports in which residents may participate. Case asked if Lotthammer believed the report drove any structural changes in the short term. Lotthammer replied we have made incremental changes for such trends as pickleball by adapting a couple of tennis courts before we built our dedicated courts at Franlo and Staring. As a City, we have had a policy over the years to provide opportunities for Eden Prairie residents and have not encouraged others to use our facilities because of the increased wear and tear on our facilities. However, we have been flexible to help “incubate” sports such as cricket which at this time is more of a regional sport. After learning of an increased interest in the sport of cricket, we worked with the local cricket groups to encourage the sport and were able to develop a dedicated cricket pitch at Nesbitt Park. Our research has shown the need for flexibility with facilities such as the Community Center ice sheets. We will be incorporating opportunities for indoor tennis into the CIP because of research showing the increased interest in that sport. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES April 6, 2021 Page 8 As a point of privilege, Mayor Case recognized the group of people who were demonstrating outside the Council Chamber during the meeting. He believed their activism helps to make democracy strong. He believed the Council loves Miller Springs as we do all the water resources in Eden Prairie. The Council will carefully consider all aspects of the development project proposed near Miller Springs. XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Toomey, to adjourn the meeting. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” Mayor Case adjourned the meeting at 8:18 pm. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 20, 2021 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: Safari Club International Minnesota Chapter Place: Bearpath Golf & Country Club 18100 Bearpath Trail Date: May 17, 2021 Temporary Liquor Organization: Eden Prairie Noon Rotary Event: Rib Fest Date: June 13, 2021 Place: Staring Lake Park 14800 Pioneer Trail CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 20, 2021 DEPARTMENT/DIVISION: Janet Jeremiah, Community Development Director Jonathan Stanley, Housing and Community Services Manager ITEM DESCRIPTION: Approve Subrecipient Agreement to Rehabilitate LuAnn’s Place, a Senior Group Home in Eden Prairie ITEM NO.: VIII.B. Requested Action Move to: Approve the Subrecipient Agreement for the use of $25,000 in Community Development Block Grant Coronavirus (CDBG-CV) funds to make COVID safety upgrades to LuAnn’s Place, a group home that serves elderly women in Eden Prairie. Synopsis LuAnn’s Place is a residential care home that provides 24/7 care and services for up to six women aged 50+ who can no longer live safely on their own through end of life. The home is designed to accommodate the physical and emotional needs of the residents. The Coronavirus has forced LuAnn’s Place to make improvements to keep their residents safe and COVID free. The grant funds for this project will come from CDBG-CV funds that were received by the city as part of the CARES Act to prevent, prepare for or respond to the Coronavirus. These funds will be used to purchase equipment and rehabilitate the garage in order to provide a COVID-free area for residents to receive visitors, therapists and medical personnel. Attachment Subrecipient Agreement 1 SUBRECIPIENT AGREEMENT CITY OF EDEN PRAIRIE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the CITY OF EDEN PRAIRIE, hereinafter referred to as “Recipient,” 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, and LuAnn’s Place, LLC, a Minnesota limited liability company, hereinafter referred to as “Subrecipient,” 6660 W. 175th Avenue, Eden Prairie, Minnesota, 55346. WITNESSETH WHEREAS, Recipient has received a $251,369.00 Federal Department of Housing and Urban Development Fiscal Year 2019 Community Development Block Grant (CDBG) Program (Catalog of Federal Domestic Assistance (CFDA) number 14-218, Grant number B19MC270010) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community development activities in cooperation with Subrecipient, according to the implementing regulations at 24 CFR Part 570; and WHEREAS, Federal Fiscal Year 2019 CDBG funds and any resulting program income have been approved by Recipient for the implementation of eligible and fundable community development activities as included in and a part of the 2015 Consolidated Plan, Urban Hennepin County Community Development Block Grant (CDBG); WHEREAS, the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides for additional CDBG funds to prevent, prepare for, and respond to the coronavirus through emergency assistance programs (CDBG-CV), and Recipient has been allocated $399,571 in CDBG-CV funds; WHEREAS, CDBG-CV funds and any resulting program income have been approved by Recipient for use for the implementation of eligible and fundable emergency assistance, emergency support services, and other emergency service activities as described in the Eden Prairie 2019 Annual Action Plan and Substantial Amendment 1 to the 2019 Annual Action Plan, and as set forth in Exhibit 1 to this Agreement; and WHEREAS, Recipient desires to allocate a portion of the CDBG-CV funds to Subrecipient; WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1 and in the 2015 Consolidated Plan, Urban Hennepin County CDBG, the Eden Prairie 2019 Annual Action Plan, Substantial Amendment 1 and Substantial Amendment 2 to the 2019 CDBG Annual Action Plan and the Certifications contained therein. NOW, THEREFORE, the parties hereunto do hereby agree as follows: 2 1. SCOPE OF SERVICES 1.1. The Subrecipient shall expend all or any part of its CDBG-CV allocation only on those activities identified in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. 1.2. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient is responsible to the Department of Housing and Urban Development (HUD) for ensuring compliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activities which it is implementing. 1.3. At the request of the Recipient, on a form to be provided, the Subrecipient shall submit a schedule, corresponding to the term of this Agreement, showing milestones for activity implementation and timely expenditure of funds and will provide other information as requested to assure compliance with HUD timeliness requirements. 2. TERM OF AGREEMENT The effective date of this Agreement is April 20, 2021. The termination date of this Agreement is December 31, 2021 or at such time as the activities constituting part of this Agreement are satisfactorily completed prior thereto. Upon expiration, the Subrecipient shall relinquish to the Recipient all program funds unexpended and uncommitted, and all accounts receivable attributable to the use of CDBG funds for the activities described in Exhibit 1, as may be amended. 3. THIRD PARTY AGREEMENTS The Subrecipient may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the Recipient and only through a written Third Party agreement acceptable to the Recipient. The Subrecipient shall not otherwise assign, transfer, or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior consent of the Recipient. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. An exception to this process will be in amending Exhibit 1 to this Agreement. 3 Exhibit 1 shall be deemed amended to conform to any amendments to the Consolidated Plan, as such amendments occur. Any amendments to the Consolidated Plan, which constitute substantial changes, must be accompanied by documentation that a local public hearing was conducted and by an authorizing resolution. Amendments that do not constitute substantial changes may be handled administratively. The Eden Prairie Community Development Director may approve administrative amendments provided they are eligible, fundable and satisfy the objectives of the Consolidated Plan and the CDBG Program. Substantial change is defined as a change in (1) beneficiary; (2) project location; (3) purpose; or (4) scope, (more than a 50 percent increase or decrease in the original budget or $100,000, whichever is greater), in any authorized activity. 5. PAYMENT OF CDBG FUNDS The Recipient agrees to provide the Subrecipient with CDBG-CV funds not to exceed $25,000.00 to enable the Subrecipient to carry out its CDBG-CV eligible activities as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG-CV funds under this Agreement. The Recipient shall therefore make no payment of CDBG-CV funds to the Subrecipient and draw no funds from HUD/U.S. Treasury on behalf of a Subrecipient activities, prior to having received a proper documentation from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with the appropriate regulations and requirements. 6. INDEMNITY AND INSURANCE 6.1. The Subrecipient does hereby agree to defend, indemnify, and hold harmless the Recipient, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. 6.2. In order to protect Subrecipient and Recipient from liability and to effectuate the indemnification provisions hereinabove, each Subrecipient will carry a single limit or combined limit or excess umbrella commercial general liability policy in an amount equal to, but shall not be required to carry coverage in excess of, claim limits specified in Minnesota Statutes Section 466.04, as amended. 6.3. This section shall in no way be intended by the parties hereto as a waiver of the liability limits specified in Minnesota Statutes Section 466.04, as amended. 7. CONFLICT OF INTEREST 4 7.1. In the procurement of supplies, equipment, construction, and services by the Subrecipient, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A-110 shall apply. 7.2. In all other cases, the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY The Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend, indemnify and hold the Recipient, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from the Subrecipient’s unlawful disclosure and/or use of such protected data. 9. SUSPENSION OR TERMINATION 9.1. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and default. Unless the Subrecipient’s default is excused by the Recipient, the Recipient may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately canceling this Agreement in its entirety. 9.2. The Recipient’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 9.3. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice according to the provisions in 24 CFR 85.44. 9.4. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG-CV funds on hand or in the accounts receivable attributable to the use of CDBG-CV funds, including CDBG-CV funds provided to the Subrecipient in the form of a loan. Any real property under the control of the Subrecipient that was acquired 5 or improved, in whole or in part, using CDBG-CV funds in excess of $25,000 shall either be: 10.1. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until five years after expiration of this Agreement; or 10.2. Not used in accordance with A. above, in which event the Subrecipient shall pay to the Recipient an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the Recipient. No payment is required after the period of time specified in A. above. 11. PROCUREMENT The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activities. Procurement shall be carried out in accordance with the “Common Rule” Administrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents, enter into all contracts, and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described procurement requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activities. 12. ACQUISITION, RELOCATION, AND DISPLACEMENT 12.1. The Subrecipient shall be responsible for carrying out all acquisitions of real property necessary for implementation of the activities. The Subrecipient shall conduct all such acquisitions in its name, or in the name of any of its public, governmental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The Subrecipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activities. 12.2. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606 (a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606 (b) governing the residential antidisplacement and relocation assistance plan under section 104 (d) of the Housing and Community Development Act of 1974 (the Act); the relocation 6 requirements of 24 CFR 570.606 (c) governing displacement subject to section 104 (k) of the Act; and the requirements of 24 CFR 570.606 (d) governing optional relocation assistance under section 105 (a) (11) of the Act. 13. ENVIRONMENTAL REVIEW The Recipient shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information, relevant documents, and public notices to the Recipient to accomplish this task. 14. LABOR STANDARDS, EMPLOYMENT, AND CONTRACTING The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG-CV activities undertaken by the Subrecipient. The Subrecipient shall notify the Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to ensure compliance with these requirements. 15. PROGRAM INCOME If the subrecipient generated any program income as a result of the expenditure of CDBG-CV funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: 15.1. The Subrecipient will notify the Recipient of any program income within ten (10) days of the date such program income is generated. When program income is generated by an activity only partially assisted with CDBG-CV funds, the income shall be prorated to reflect the percentage of CDBG-CV funds used. 15.2. Any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated unless the Subrecipient is permitted to retain program income. 15.3. Program income returned to the Recipient shall be credited to the grant authority of Subrecipient, whose project generated the program income, and shall be used for fundable and eligible CDBG-CV activities consistent with this Agreement. 15.4. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate record keeping by the Subrecipient and reporting to the Recipient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical 7 assistance to the Subrecipient in establishing an appropriate and proper record-keeping and reporting system, as required by HUD. 15.5. In the event of close-out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should closeout or change in status of the Subrecipient occur. 16. USE OF REAL PROPERTY The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG-CV funds: 16.1. The Subrecipient shall inform the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. The Subrecipient will comply with the requirements of 24 CFR 570.505 to provide the affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. 16.2. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non- CDBG funds) of property acquired or improved with CDBG-CV funds that is sold or transferred for a use which does not qualify under the CDBG-CV regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required if the conditions of 24 CFR 570.503 (b)(7)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The Recipient will have the option of requiring a second appraisal after review of the initial appraisal. 16.3. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close-out or change of status between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the Recipient shall apply to all activities undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY 8 18.1. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Minnesota Human Rights Act, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. 18.2. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON-DISCRIMINATION BASED ON DISABILITY 19.1. The Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the Recipient under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. 19.2. When and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I “Employment,” Title II “Public Services” – Subtitle A, and Title III “Public Accommodations and services Operated By Private Entities” and all ensuing federal regulations implementing said Act. 20. LEAD-BASED PAINT The Subrecipient shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING Should HUD make a determination that the Subrecipient has not affirmatively furthered fair housing or has impeded action by the County to comply with its fair housing certification, the Recipient shall exercise its authority to prohibit the Subrecipient from receiving CDBG-CV funding for any activities until the violation has been remedied. 22. LOBBYING 22.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of 9 Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 22.2. If any funds other than Federal appropriated fund have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement Subrecipient will complete and submit Standard Form-LLC, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 23. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 24. OTHER CDBG POLICIES The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional prohibitions Concerning Church/State Activities). 25. TECHNICAL ASSISTANCE The Recipient agrees to provide technical assistance to the Subrecipient in the form of oral and/or written guidance and on-site assistance regarding CDBG-CV procedures and project management. This assistance will be provided as requested by the Subrecipient and at other times at the initiative of the Recipient when new or updated information concerning the CDBG-CV Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 26. RECORD-KEEPING The Subrecipient shall maintain records of the receipt and expenditure of all CDBG-CV funds, such records to be maintained in accordance with OMB Circulars A-87 and the “Common Rule” Administrative Requirements in 24 CFR 85 and in accordance with OMB Circular A-110 and A-122, as applicable. All records shall be made available upon request of the Recipient for inspection/s and audit/s by the Recipient or its representatives. If a financial audit/s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing 10 such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 28 of this Agreement. 27. ACCESS TO RECORDS The Recipient shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 28. AUDIT The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1996, and the implementing requirements of OMB Circular A-133 “Audits of States, Local Governments and Non-Profit Institutions,” and, as applicable, OMB Circular A-110 “Uniform Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Non-Profit Organizations” and to certify and assure compliance with the financial standards as set forth in Exhibit 2 to this agreement. 28.1. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG-CV funds shall be satisfied by Subrecipient within six (6) months of the provision date. 28.2. The audit is not required, however, in those instances where less than $500,000 in assistance is received from all Federal sources in any one fiscal year. 28.3. The cost of the audit is not reimbursable from CDBG-CV funds. 28.4. The Recipient reserves the right to recover from the Subrecipient’s non-CDBG-CV funds any CDBG-CV expenses which are disallowed by an audit. 28.5. The Chief Financial Officer of the Subrecipient signs Exhibit 2. 11 RECIPIENT EXECUTION The Eden Prairie Mayor and City Manager having duly approved and signed this Agreement on April 20, 2021, the Recipient Agrees to be bound by the provisions herein set forth. Date: __________________, 2021 CITY OF EDEN PRAIRIE By:_______________________________ Ronald A. Case Its: Mayor By:_______________________________ Rick Getschow Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this ____ day of __________, 2021 by Ronald A. Case, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, on behalf of the City. _________________________________ Notary Public 12 SUBRECIPIENT EXECUTION Subrecipient, having signed this Agreement, and pursuant to such approval and the proper officials having signed this Agreement, Subrecipient agrees to be bound by the provisions of this Agreement. Date:______________________ SUBRECIPIENT: LuAnn’s Place, LLC By:________________________________ LuAnn Fehn Its: Owner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2021, by __________________________, the ______________________ of LuAnn’s Place, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public 13 EXHIBIT 1 Funds up to $25,000 to rehabilitate the garage at LuAnn’s Place to allow residents, visitors, and employees to interact safely to minimize COVID exposure and to purchase emergency equipment to support the cleanliness and safety of the premises during the COVID-19 pandemic and its ability to operate life-saving equipment in the event of power outages. Eligible Rehabilitation Upgrades and Emergency Equipment include: 1. Install carpeting, insulation, windows and lighting in garage 2. Repair gutters 3. Purchase emergency equipment including heater for garage, two air purifiers, filters and emergency generator 14 SUBRECIPIENT AGREEMENT CITY OF EDEN PRIAIRE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 2 ASSURANCE AND CERTIFICATION In connection with our responsibilities to manage the Fiscal Year 2019 Community Development Block Grant (CDBG) program funds that have been provided to our organization, we certify and assure that we are in compliance with the financial standards set forth in Federal Office of Management and Budget (OMB) Circular A-110. Specifically, our organization’s financial management system provides for the following: 1. Accurate, current, and complete disclosure of the financial results of each federally sponsored project or program in accordance with the reporting requirements set forth in OMB Circular A-110. 2. Records that identify adequately the source and application of funds for federally sponsored activities. These records contain information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Effective control over and accountability for all funds, property, and other assets. These assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required, comparisons of financial information with performance and unit cost data. 5. Procedures to minimize the elapsed time between the transfer of funds from the city to our organization and the disbursement of funds by our organization. 6. Procedures for determining the reasonableness, allowability, and allocability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent certified public accountants to ascertain the effectiveness of the financial management systems and internal procedures that we have established to meet the terms and conditions of the federal grants and other agreements. The audits are conducted on an organization wide-basis and include an appropriate sampling of federal agreements. 9. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. 15 10. Organizations (subrecipients) that receive CDBG funds from us are required to comply with the financial management standards set forth in this certification. This assurance and certification is given in connection with any and all CDBG funds received after the date this form is signed. This includes payments after such date for financial assistance approved before such date. The undersigned recognizes and aggress that any such assistance will be extended in reliance on the representations and agreements made in this assurance. This assurance and certification is binding on this organization, its subrecipients, and on the authorized official whose signature appears below. ____________________________________ Date ____________________________________ Organization Name By:__________________________________ Chief Financial Officer Using Annual Formula CDBG, FY 2019 and 2020 CDBG to prevent, prepare for, and respond to coronavirus, and CDBG-CV Funds for Rent or Mortgage and Arrearages Subsistence-Type Payments March 30, 2021 Subsistence-Type Payments of Rent or Mortgage and Arrearages Q. May annual formula CDBG funds be used to make rent or mortgage payments? A. In accordance with 24 CFR 570.207(b)(4), CDBG funds may only be used to make subsistence-type payments such as rent or mortgage directly to a service provider, such as a landlord or lender, on behalf of an individual or family, and these emergency payments may be made for a period of no more than three consecutive months. The regulation states that CDBG funds may not be used for income payments but provides an exception for emergency grant payments. Under the exception, emergency grant payments are eligible as a public service under the authority of 24 CFR 570.201(e). Q. What effect will providing this assistance have on a grantee’s annual formula CDBG program? A. Providing rent or mortgage payments for up to three consecutive months is costly. Public services carried out with annual formula CDBG funds are subject to the 15 percent public services cap. This may mean that the grantee may not be able to continue to provide other public services at the level it was doing so previously. Q. Is this also the case if CDBG-CV funds and annual formula CDBG 2019 and 2020 funds used to prevent, prepare for, and respond to coronavirus are used to pay emergency rent/mortgage payments on behalf of individuals and families? A. No. The Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) (CARES Act) suspended the 15 percent public services cap for public services carried out with Fiscal Year 2019 and 2020 annual formula CDBG funds and CDBG-CV funds that are used for activities that prevent, prepare for, and respond to coronavirus. Q. Does the requirement that the emergency payments continue for no more than three consecutive months apply to annual formula CDBG 2019 and 2020 and CDBG-CV funds used to prevent, prepare for, and respond to coronavirus? A. No. The CDBG-CV Federal Register Notice (FR-6218-N-01, effective August 7, 2020), states that emergency payments may be made on behalf of individuals and families for a period of no more than six consecutive months to prevent, prepare for, and respond to coronavirus. Q. May CDBG funds be used to pay arrearages? A. Yes. In the annual formula CDBG program, CDBG funds may be used to pay rent or mortgage arrearages on behalf of individuals and families for up to three consecutive months. When using FY 2019 and 2020 funds to prevent, prepare for, or respond to coronavirus, or CDBG -CV funds, the period for emergency payments has been extended from three consecutive to six consecutive months in the CDBG-CV Federal Register Notice. Moreover, to use the extended period of six consecutive months for expenditures for FY 2019 and 2020 funds, the use of funds requirement for prevent, prepare for, or respond to coronavirus and the guidance on the period is applicable. Q. Are there any issues or concerns that a grantee should take into consideration if it decides to use CDBG /CDBG-CV funds to pay rent or mortgage payments on behalf of individuals and families? A. Yes. As a major concern, this type of funding can be used to assist individuals/families who without this assistance may become homeless, a grantee should ensure that if rent/mortgage payments are made to bring them current that the individual/family also has the financial means to pay subsequent rent or mortgage payments. If the individual/family does not have the means, they could potentially be homeless in the immediate future, suggesting the need for a different program design. A concern for annual formula CDBG funds if this activity is assisted using 2018 or earlier, or using 2019 or 2020 funds that do not prevent, prepare for, or respond to coronavirus, is compliance with the 15 percent public services cap. The 15 percent public services cap is statutory and cannot be waived. Exceeding the public services cap will result in the grantee being required to repay the amount spent over the cap with non-federal funds. Grantees should also be aware that providing rental assistance beyond 100 days will trigger the lead-based paint visual inspection requirements. The last two Q&As in this document provide more detailed information on how this requirement is triggered. Q. May the grantee impose additional requirements on individuals and families seeking CDBG assistance for rent/mortgage payments? A. Yes. Although HUD advises simplicity, the grantee should create and implement policies and procedures for emergency grant payments. Beyond what is necessary to document the CDBG eligibility of the activity and national objective, the grantee may also impose requirements for documentation such as proof of seeking or loss of employment or credit counseling. The grantee should assist applicants in fulfilling the requirements outlined in its policies and procedures and any additional requirements must not contradict the CDBG programmatic requirements, including program-related civil rights and equal opportunity requirements. Q. May a grantee use annual formula CDBG or CDBG-CV funds to make rent/mortgage payments to anyone that requests such assistance? A. No. Each CDBG-assisted activity must meet a national objective, and the CARES Act and CDBG-CV Federal Register Notice did not suspend this requirement. Emergency payments are usually carried out under the low- and moderate-income national objective, so the grantee must include documentation covering each individual or family requesting assistance with rent/mortgage payments demonstrating they are income-eligible. According to 24 CFR 570.506(b), the grantee may document income in several ways, including collecting a verifiable certification from the assisted person that his or her family income does not exceed the applicable income limit established in accordance with the regulations. Q. What CDBG national objective does the provision of emergency, subsistence-type payments generally meet? A. This activity usually meets the low- and moderate-income limited clientele national objective provision at 24 CFR 570.208(a)(2) An activity which benefits a limited clientele, at least 51 percent of whom are low- or moderate-income persons. This can be accomplished by exclusively serving “presumed benefit” persons such as elderly, homeless, or severely disabled persons. Another way to qualify a limited clientele activity is to require information on family size and income so that it is evident that at least 51 percent of the clientele are persons whose family income does not exceed the low- and moderate-income limit, or for the grantee’s policies to limit the activity exclusively to low- and moderate-income persons. Q. When does the emergency payments’ covered period begin? A. For each assisted individual or family, the three-month period (for CDBG) or six-month period (for CDBG-CV and FY19-20 CDBG funds used to prevent, prepare for, and respond to coronavirus) begins on the date the first payment is made to a provider on behalf of an individual or family. Q. Does the covered period of either up to three or six consecutive months cover all arrearages or just those within the timeframe? A. The emergency payments period begins when the payment is made, not when the individual’s or family’s arrearage began. The start of the period of three consecutive months for annual CDBG that is not being used in response to the coronavirus or of up to six consecutive months for 2019, 2020, and CDBG-CV funds used in response to the coronavirus is related to when payments are made from the grant, not the date of arrearages. If an individual or family is one or more months in arrears, a grantee may cover some or all the amount in arrears within the first month of assistance and continue through the applicable consecutive period of assistance. For example, for an individual four months in arrears on rent who applied for emergency payment assistance under CDBG-CV, the covered period may include the four months they are in arrears within the payment for the first month of assistance then continue for up to five more months to fulfill the up-to-six-consecutive-month-period allowance. The grantee must base the assistance on a need (for CARES Act, the need must be related to coronavirus preparation, response, and recovery) and cover necessary and reasonable costs. If a grantee chooses to implement subsistence payments covering arrears, the grantee’s policies and procedures for the program should set clear parameters for the types, amounts, and timing for assistance for each individual or family. Q. What if the individual or family needs assistance with amounts they are in arrears to become current, though they may be able to skip a month within the period, would they still receive assistance for up to six consecutive months? A. Yes. The assistance is based on need and if CDBG funds are needed to cover the arrears within the first month of assistance and the individual or family may be able to cover the second month then need assistance for the third month, that is an acceptable method because it is within the period of up to three or six consecutive months (based on funding source and use). Also, this demonstrates that the assistance is based on need and covers necessary and reasonable costs. If a grantee chooses to implement subsistence payments using this method the policies and procedures for the program should outline clear parameters. Q. When does the requirement for a lead-based paint visual inspection come in? A. The 100-day emergency grace period begins at the time of payment going forward. Once the assistance period reaches 100 days, a visual lead-based paint inspection is required. If assistance is being provided to an individual or family that covers three months of arrears within the first month of assistance, the 100 days begins at the time of payment going forward. As an emergency payments assistance period approaches the end of the 100-day grace period, the grantee must undertake visual inspection if it wishes to continue FY2019 or FY2020 CDBG or CDBG-CV assistance. Q. Given the coronavirus, is it acceptable to do a remote visual lead-based paint inspection? A. For assistance to continue past 100 days, a visual inspection is required. Because of the coronavirus it may not be possible for an onsite visual inspection to occur. If the situation does not allow for an onsite visual inspection, the owner(s) or a surrogate may perform a remote visual inspection. Grantees are encouraged to develop policies and procedures that allow this method and the necessary documentation required for it. Resources The Department has technical assistance providers that may be available to assist grantees in their implementation of CDBG Funds for activities to prevent or respond to the spread of infectious disease. Please contact your local CPD Field Office Director to request technical assistance from HUD staff or a TA provider. CDBG-CV Federal Register Notice: https://www.hud.gov/sites/dfiles/CPD/documents/CDBG-CV_Notice_Federal_Register_Publication_2002-08.pdf Submit your questions to: CPDQuestionsAnswered@hud.gov COVID-19 (“Coronavirus”) Information and Resources: https://www.hud.gov/coronavirus CPD Program Guidance and Training: https://www.hudexchange.info/program-support/ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 20, 2021 DEPARTMENT/DIVISION: Janet Jeremiah/David Lindahl Community Development ITEM DESCRIPTION: Approve Lease Agreement with Eden Prairie School District (Tassel Program) ITEM NO.: VIII.C. Requested Action Move to: Approve Lease Agreement between the City of Eden Prairie and Independent School District No. 272 for the Tassel Transition Program located in the Eden Prairie City Center. Synopsis The School District is expanding the area currently leased in the lower level City Center for the Tassel Program from 2,500 square feet to 10,000 square feet. The new lease has a ten-year term commencing January 1, 2022 and extending thru December 31, 2031. Annual rent begins at $73,500 ($7.35/sf) and increases 2.5%/year. The tenant will also pay its share of the building operating expenses. Background Information The Eden Prairie School District has leased 51,000 square feet in the lower level of the City Center since 1993 for early childhood and community education programs. About 2,500 square feet is used for the Tassel Transition program which began in 2014 and helps prepare adult students with disabilities achieve independence. The School District provided notice to the City in 2020 that they will be vacating all of the currently leased space except for Tassel by the end of 2021. Early childhood and community education services will be moving into facilities owned by the school district. Staff is currently marketing the balance of space (41,000 sf) for lease. Attachment Lease 1 of 30 LEASE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND INDEPENDENT SCHOOL DISTRICT NO. 272 This Lease Agreement (“Lease”) is made as of this ____ day of ____________, 2021 by and between The City of Eden Prairie, a Minnesota municipal corporation (“Landlord”) and Independent School District No. 272, a public school corporation under the laws of Minnesota (“Tenant”). Recitals A. Landlord and Tenant are parties to that certain Lease Agreement between the City of Eden Prairie and Independent School District No. 272 dated May 20, 2014, as amended by that certain First Amendment to Lease Agreement between the City of Eden Prairie and Independent School District No. 272 dated January 6, 2015 (the “Original Lease Agreement”). B. The Original Lease Agreement provides for a lease termination date of May 31, 2024. C. Tenant has notified Landlord of its intent to terminate the Original Lease Agreement effective December 31, 2021 due to non-appropriation as provided by Section 19.B of the Original Lease Agreement. D. Tenant wishes to continue leasing a portion of the premises covered by the Original Lease Agreement for purposes of housing its TASSEL Transition Program (the “TASSEL Space”). E. Landlord and Tenant desire to enter into a new lease agreement for the TASSEL Space. Now, Therefore, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree to the following 1. DEFINITIONS. The following terms have the following meanings in this Lease: 1.1. Project: The land, building, and improvements presently situated thereon located at 8100 Mitchell Road in the City of Eden Prairie, Hennepin County, State of Minnesota. The land is further described in Exhibit A attached hereto. 1.2. Building: The present building situated within and a part of the Project, now known as the Eden Prairie City Center. 1.3. Premises: A portion of the westerly part of the lower level of the building, as depicted on Exhibit B attached hereto. 2 of 30 1.4. Rentable Area of the Premises: The Rentable Area of the Premises will be determined in accordance with Section 3. The Rentable Area of the Premises as of the date hereof is 10,000 square feet. 1.5. Rentable Area of the Building: The Rentable Area of the Building will be determined in accordance with Section 3. The Rentable Area of the Building as of the date hereof is 241,527 square feet. 1.6. Commencement Date: January 1, 2022. 1.7. Possession Date: The Effective Date of this Lease 1.8. Effective Date. The date listed in the introductory paragraph to this Lease. 2. PREMISES. Landlord hereby Leases to Tenant, and Tenant hereby Leases from Landlord, for the Term and upon the conditions hereinafter provided, the Premises. 3. RENTABLE AREA. 3.1. The Rentable Area of the Premises is 10,000 square feet. The actual Rentable Area of the Premises will be determined as follows: 3.1.1. On a single-tenancy floor, the Rentable Area of the Premises is computed by measuring from the plane established by the centerline of exterior walls of the floor and includes all areas within such exterior walls including, without limitation, all janitor closets, electrical, telephone and mechanical closets, fan rooms, air conditioner rooms and maintenance rooms. 3.1.2. On a multi-tenancy floor, the Rentable Area of the Premises is computed by measuring from the interior dominant face of exterior walls in accordance with clause 3.1.1 above to the tenant face of a common area or the centerline of demising walls that separate the Premises from adjoining portions (other than Common Areas) of the floor of the Building. 3.1.3. The Rentable Area of the Building is the sum of the Rentable Areas of all floors in the Building measured in the manner described in clause 3.1.1 and 3.1.2 hereof. 3.2. Landlord may at any time prepare a Supplement to this Lease confirming the Rentable Area of the Premises. Tenant must execute and return such Supplement within 30 days after submission unless Tenant gives written notice within such 30 day period specifying in reasonable detail Tenant’s objections to the Supplement. 4. LEASEHOLD IMPROVEMENTS. Tenant accepts the Premises in its condition as of the date hereof. Tenant will contract for Tenant Improvementsthe improvements identified on the attached Exhibit C and pay for such Tenant Improvementsimprovements at its sole cost 3 of 30 and expense. Landlord approves the improvements identified on Exhibit Csaid Tenant Improvements. Any improvements by Tenant other than those listed on Exhibit C require Landlord’s prior approval as provided in Section 12 of this Lease. 5. TERM. This Lease commences on January 1, 2022 and will continue for a period terminating on December 31, 2031 (the “Term”). In addition, Tenant may extend the Term for one additional 10-year term (the “Extended Term”). The Extended Term will be subject to all terms and conditions of this Lease, provided, however, Annual Rent for the Extended Term must be agreed to by Landlord and Tenant. In the event Landlord and Tenant are unable to agree, the Annual Rent will increase 2.5% per year for each year of the Extended Term. 6. BASE RENT. Base Rent will consist of “Annual Rent”. 6.1. Annual Rent. Tenant’s obligation to pay Annual Rent commences on January 1, 2022. Tenant must pay as “Annual Rent” for the Premises the following amounts for the following periods: Period Rate per square foot Annual Rent Monthly Rent Year 1 $7.35 $73,500.00 $6,125.00 Year 2 $7.54 $75,400.00 $6,283.33 Year 3 $7.73 $77,300.00 $6,441.67 Year 4 $7.92 $79,200.00 $6,600.00 Year 5 $8.12 $81,200.00 $6,766.67 Year 6 $8.32 $83,200.00 $6,933.33 Year 7 $8.53 $85,300.00 $7,108.33 Year 8 $8.74 $87,400.00 $7,283.33 Year 9 $8.96 $89,600.00 $7,466.67 Year 10 $9.18 $91,800.00 $7,650.00 6.2. The Base Rent must be paid monthly, in twelve equal installments, on the first day of each month during the Lease Term to Landlord at the place to which notices to Landlord are to be sent, or to such other party or to such other address as Landlord may designate from time to time by written notice to Tenant, without demand and without abatement, deduction, set-off or counterclaim. 7. ADDITIONAL RENT. 7.1. Certain Definitions. 4 of 30 7.1.1. “Additional Rent” means Tenant’s Share of Operating Costs and Tenant’s Share of Tax Costs and all other sums of money required under this Lease to be paid to Landlord or others by Tenant. 7.1.2. “Tenant’s Share,” as it applies to Operating Costs (“Tenant's Share of Operating Costs”), means the percentage (calculated to three decimal places) obtained by dividing the Rentable Area of the Premises by the Rentable Area of the Building (regardless of whether it is rented, owner occupied or vacant). 7.1.3. “Tenant’s Share,” as it applies to Tax Costs (“Tenant’s Share of Tax Costs”), means at any given point in time, the percentage (calculated to three decimal places) obtained by dividing the Rentable Area of the Premises as to which Tax Costs now, or in the future, are imposed by that portion of Rentable Area of the Building (regardless of whether such portion is rented, owner occupied or vacant) for which real estate taxes are then payable. (By way of example, if the Tenant's Rentable Area of the Premises are not taxed, then the numerator is zero and no percentage of taxes is payable, as illustrated: 0 ÷ 100,000 sq. ft. of taxable area = 0). If the Tenant’s Premises or part thereof become taxable for any reason, then the Tenant will pay the percentage of taxes attributable to that portion of the Premises which is taxable in proportion to the taxable portion of the Project. If at some time in the future the Rentable Area of the Premises is assessed Tax Costs at a different tax rate than other portions of the Building then the parties must meet and determine an equitable method of determining Tenant’s Share so as to take into account the impact of such differing tax rates. 7.2. Operating Costs. “Operating Costs” means all costs, charges and expenses incurred by Landlord during the Term in operating, securing, maintaining and repairing the Project and making replacements including but not limited to: the costs of heat, cooling, utilities, insurance (including, but not limited to, fire and casualty insurance, boiler and pressure vessel insurance, war risk insurance), security, landscaping, janitorial and cleaning services relating to the Common Areas; all employment costs including salaries, wages and fringe benefits; all management fees applicable to the Project, including expenses reimbursable to any manager and rental of property management office retained by Landlord; fees for professional services; charges under maintenance and service contracts applicable to the Project (less the cost of maintenance and service provided by Tenant which would otherwise have been provided under such contracts); all supplies purchased for use in the Project (less the cost of supplies furnished by the Tenant which would have otherwise been furnished by Landlord); all maintenance and repair costs; any equipment rental; installments of special assessments, including interest thereon, as well as interest on deferred assessments assessed, levied or imposed on the Project; amortization of the cost over the useful life of the capital improvements made to (i) reduce Operating Costs or limit increases therein, or (ii) required by Landlord's 5 of 30 insurance carrier or (iii) required by any law, rule, regulation or order of any governmental or quasi-governmental authority having jurisdiction; any and all other costs of operation, whether ordinary or extraordinary for the Project, including Common Areas. Operating Costs do not include leasing commissions, payments of principal and interest relating to any mortgages, or other encumbrances on the Project, or amortization of the capital cost of the Project except as provided above. 7.3. Tax Costs. “Tax Costs” means all real estate taxes, levies, and charges assessed, levied or imposed on the Project and payable during the Term including all other taxes, service payments in lieu of taxes, excises, levies, fees, or charges, general and special, ordinary and extraordinary, of any kind, which are assessed, levied, charged, confirmed, or imposed by any public authority upon the Project and payable during the Term, and all reasonable attorneys’ fees, witness fees, court costs, and other reasonable expenses of Landlord in connection with any proceeding reasonably undertaken to contest these amounts; provided, however, that “Tax Costs” does not include sales tax, taxes on net income, capital, stock, successions, transfers, franchises, gifts, estates and inheritances. 7.4. Payment Of Additional Rent. As frequently as Landlord deems appropriate, Landlord will give Tenant notice of Landlord’s estimate of Tenant’s Share of Tax Costs and Tenant’s Share of Operating Costs, together “Additional Rent,” for the then-current calendar year (“Estimated Additional Rent”). Tenant must, for the entire Term of this Lease, and without any abatement, set off, or deduction, pay as Additional Rent 1/12th of Estimated Additional Rent on or before the first day of each month. 7.5. Additional Rent Adjustments. Within a reasonable time at the expiration of each calendar year, Landlord must submit to Tenant a statement setting forth (a) the Tax Costs and Operating Costs actually incurred for such calendar year (“Actual Tax/Operating Costs”), (b) Tenant’s Share of Tax/Operating Costs, based upon the Actual Tax/Operating Costs and (c) the aggregate of Tenant’s payments of Tenant’s Estimated Additional Rent for such year. If the Additional Rent based upon the Actual Tax/Operating Costs exceeds Tenant’s payments of Estimated Additional Rent for that year, Tenant must pay to Landlord the difference between (b) and (c) within 30 days after the delivery of such statement (including any statement delivered after the expiration or termination of the Term of this Lease or any extension). If the Additional Rent based upon the Actual Tax/Operating Costs are less than the Estimated Additional Rent paid by Tenant for that year, Landlord must either credit installments of Base Rent due under this Lease or, to the extent that no further Base Rent will become due under this Lease, pay Tenant the difference between (b) and (c) within 30 days after such statement is delivered to Tenant. 7.6. In the event Landlord proposes to undertake an improvement with respect to which one or more special assessments are to be levied against the Project, Landlord must provide notice to Tenant in the same manner, and as required to be given to the owner(s) of property against which the special assessments are to be levied. The 6 of 30 Landlord hereby assigns to the Tenant the Landlord’s right (as to the Premises) to appeal to district court pursuant to Minnesota Statute Section 429.081 as the same may be amended from time to time any assessment against the Project that is a charge against the Premises. 8. PERMITTED USES. 8.1. Tenant may use and occupy the Premises for educational purposes consistent with the programs authorized by state law to be operated by a public school district in the State of Minnesota (the “Permitted Uses”). Any amendment to the Permitted Uses requires the written agreement of the parties. The Landlord must not unreasonably withhold its consent to a use proposed by the Tenant that is consistent with the Tenant’s educational programs and otherwise allowed pursuant to the zoning codes and regulations then applicable to the Project. It will not be considered unreasonable for the Landlord to withhold its consent if the use proposed by the Tenant would cause interference with the quiet use and enjoyment of the Building or the Project by the other tenants or occupants. 8.2. Tenant must not use or occupy the Premises for any other use or for any unlawful purpose, and must comply with all present and future laws, ordinances, regulations, and orders of all governmental units having jurisdiction over the Premises. Tenant must not cause or permit any unusual noise, vibrations, odors, or nuisance in or about the Premises, overloading of the electrical, water and/or plumbing facilities in the Premises or Building, or throw or cause to be thrown foreign substances into plumbing facilities. Landlord disclaims any warranty that the Premises are suitable for Tenant’s use and Tenant acknowledges that it has had a full opportunity to make its own determination in this regard. Neither Landlord nor Tenant must use the Premises or permit any use that interferes with the use of the Project by other tenants or occupants. 8.3. Tenant must not conduct or permit to be conducted any activity, or place any equipment in or about the Premises, which will in any way increase the rate of fire insurance or other insurance on the Project; and if any increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Tenant in or about the Premises, such statement will be conclusive evidence that the increase in such rate is due to such activity or equipment and, as a result, Tenant will be liable for and must reimburse Landlord for such increase and, further, must discontinue or cause the discontinuance of such conduct or must remove such equipment upon Landlord’s demand made at any time thereafter. Tenant must not, and must not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Premises any (collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives 7 of 30 or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor must Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises and appurtenant land or allow the Premises to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for the purposes of the Permitted Use; provided that Tenant must always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises or appurtenant land or the environment. Tenant will protect, defend, indemnify, and hold the Landlord harmless from and against any and all loss, claims, liability or costs (including court costs and attorneys’ fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all applicable Environmental Laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section 8.3. 9. COMMON AREAS. 9.1. “Common Areas” means all areas, space, equipment and special services provided by Landlord in the Project for the common or joint use or benefit of Landlord, Tenant and other tenants of the Building, their officers, employees, agents, customers, invitees and licensees, including but not limited to driveways, truckways, delivery passages, safety improvements, foundations, roof, exterior walls, utility systems lines, conduits and appurtenances thereto, truck loading areas, trash facilities, walkways, sidewalks, parking areas, open and closed courts and malls, landscaped and planted areas, public restrooms, stairs, ramps, escalators, the cafeteria, lounges, drinking fountains, elevators, and the equipment and facilities appurtenant to each of the aforesaid. 9.2. In addition to the use of the Premises, Tenant will have the right of non-exclusive use, in common with others, of the Common Areas and of such loading facilities, freight elevators, and other Common Areas as may be constructed and designed, from time to time, by Landlord in any improvements added to the Project, all to be subject to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as are prescribed by Landlord. Tenant agrees, subject to this Section 9, that the use of the Common Areas by Tenant or Tenant’s officers, servants, employees, agents, guests, or invitees, is subject to the exclusive control and management of Landlord. 8 of 30 9.3. Landlord must operate and maintain the Common Areas, including without limitation, (i) removal of snow and ice from parking areas included in the Common Areas; (ii) general lawn maintenance; (iii) general maintenance of exterior plants, shrubs, and trees; and (iv) general maintenance of interior plants, in a manner deemed by Landlord, in its sole discretion, reasonably appropriate and for the best interests of the occupants of the Project. 9.4. Landlord may exclude Tenant from Common Areas during construction or improvement of the Project. If Landlord excludes Tenant from Common Areas, Landlord must provide alternative areas sufficient to permit Tenant to continue operations. 10. ASSIGNMENT AND SUBLETTING. 10.1. Tenant may not assign, transfer, mortgage, or encumber this Lease or the Premises or sublet or rent or permit occupancy or use of all or any part of the Premises by any third party nor will any assignment or transfer of this Lease be effectuated by operation of law or otherwise, (any of the foregoing being hereinafter referred to as an “Assignment”) without prior written consent of the Landlord; provided however that an Assignment may be made to an entity that will use and occupy the Premises for the purpose of providing on Tenant’s behalf the Permitted Uses pursuant to Section 8.1 An Assignment must not be construed as a waiver or release of Tenant from the terms of any covenant or obligation under this Lease, nor will the collection or acceptance of rent from any transferee under an Assignment constitute an acceptance of the Assignment or a waiver or release of Tenant or any transferee of any covenant or obligation contained in this Lease, nor will any Assignment be construed to relieve Tenant from the requirement of complying with the terms of this paragraph with respect to any further Assignment. 10.2. If Tenant desires at any time to make an Assignment, it must first notify Landlord of its desire to do so and must submit in writing to Landlord (i) the name of the proposed assignee, mortgagee, subtenant or other transferee (any of the foregoing being hereinafter referred to as an “Assignee”), (ii) the nature of the proposed Assignee’s business to be carried on the Premises, and (iii) a copy of the proposed Assignment agreement and any other agreements to be entered into concurrently with such Assignment, including full disclosure of all financial terms. The furnishing of such information will not limit any of Landlord’s rights or alternatives under this Section 10. 10.3. In the event Landlord and Tenant consummate an Assignment, Tenant will not in any manner be released of Tenant’s duties and obligations under this Lease, but must on the contrary continue to perform such duties and obligations including, but not limited to, the payment of all rents and charges hereunder. In addition, an Assignment must specifically provide that the Assignee assumes the obligations of 9 of 30 Tenant under this Lease and provide that no Assignment may be made by the Assignee without the consent of Landlord. 11. MAINTENANCE. 11.1. Tenant must keep and maintain, including the provision of janitorial services, the Premises and the fixtures and equipment therein in first class, properly functioning, safe, orderly and sanitary condition, will make all necessary repairs and replacements thereto, will suffer no waste or injury thereto, and must at the expiration of the Term or other termination of this Lease, surrender the same with all improvements in the same order and condition in which they were on the Commencement Date, or in such better condition as they may hereafter be put, ordinary wear and tear excepted. Janitorial services provided by Tenant must include, but not be limited to, maintenance such as removal of trash, cleaning of bathrooms and kitchens, sweeping and periodic waxing or vacuuming of floor surfaces, periodic cleaning of walls, ceilings and windows, and interior painting, as necessary. 11.2. Landlord must make all necessary repairs and replacements to the outer walls, roof, downspouts, gutters and basic structural elements and Common Areas of the Project. Landlord must also make all necessary repairs and replacements to the portions of the Building systems (plumbing, sewage, heating, air conditioning and electrical) providing service jointly to the Premises and other portions of the Building. The cost of all repairs and replacements made by Landlord hereunder will be included in the Operating Costs. Tenant is responsible for all other portions of the Building systems serving the Premises. 11.3. Notwithstanding anything apparently to the contrary in this Section 11, any cost of repairs or improvements to the Project, to the Premises or to any Common Areas (“Expenditures”) that are occasioned by the negligence or fault of Tenant, its officers, employees, agents or invitees, or by requirements of law, ordinance or other governmental directive and that arise out of the nature of Tenant’s use and occupancy of the Premises or the installations of Tenant in the Premises must be paid for by Tenant, as Additional Rent hereunder, immediately upon billing. Expenditures not attributable to Tenant pursuant to the above sentence will not be considered “Operating Costs” pursuant to Section 7.2 hereof attributable to and charged to the Tenant. 12. ALTERATIONS; SIGNS; EQUIPMENT; MOVING. 12.1. Tenant must not make or permit anyone to make any alterations, additions, or improvements, or otherwise, in or to the Premises without notice to Landlord. Tenant will not make any structural change or addition in the Premises without the consent of Landlord. No Assignee of Tenant may make any alteration, decoration, addition, or improvement, structural or otherwise, in or to the Premises without notice to and consent of Landlord. Prior to the commencement of any work by 10 of 30 Tenant, Tenant must obtain public liability and workers' compensation insurance to cover every contractor to be employed by Tenant, and must deliver duplicate originals of all certificates of such insurance to Landlord for written approval. The Tenant must not permit any mechanic's or other liens to be established or remain against the Premises for labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals, or replacements made by the Tenant. In the event that any mechanic's lien is filed against the Premises as a result of any work or act of Tenant, Tenant, at its expense, must discharge or bond off the same within sixty (60) days from the filing thereof. If Tenant fails to discharge said mechanic's lien, Landlord may bond or pay without inquiring into the validity or merits of such lien and all sums so advanced must be paid to Landlord by Tenant as Additional Rent. Regardless of whether Landlord’s consent is required or obtained hereunder: (i) all alterations must be made in accordance with applicable laws, codes, and insurance guidelines, and must be performed in a good and workmanlike manner, and (ii) if the construction or installation of Tenant’s alterations or fixtures causes any labor disturbance, Tenant must immediately take any action necessary to end such labor disturbance. All alterations, decorations, additions, or improvements in or to the Premises or the Project made by Tenant will become the property of Landlord upon expiration of the Term and must remain upon and be surrendered with the Premises as a part thereof without disturbance or injury, unless Landlord requires specific items thereof to be removed by Tenant at Tenant’s sole expense, in which event Tenant must do so prior to the expiration of the Term and must repair any damage caused thereby. Notwithstanding the foregoing, if (x) there has been no breach or Event of Default by Tenant in the performance of any of its obligations under this Lease, (y) if any and all damage resulting therefrom be repaired, and (z) Tenant posts such security with respect thereto as Landlord may reasonably request, Tenant will have the right to remove, during the last ninety (90) days of the Term of this Lease, all movable furniture, furnishings or trade fixtures installed in the Premises at the direct expense of Tenant, provided the same is completed with no damage to the Premises. 12.2. Tenant must make all improvements to the Premises as required by the Minnesota State Building Code and any state or local ordinances, or other law which become necessary as a result of Tenant’s use or particular type of occupancy of the Premises. Tenant will bear all costs and expenses in making such improvements upon the Premises. 12.3. Tenant is responsible for installation of all of its equipment and fixtures which may be installed by Tenant in the Premises prior to or after the Commencement Date in a manner such as not to interfere with Landlord and Landlord's other tenants. Tenant must employ qualified contractors pursuant to state and city laws and codes governing such installation. Such contractors must carry worker's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance in amounts not less than those described in Section 16 hereof. 11 of 30 12.4. Tenant must not place or maintain any sign, advertisement or notice on any part of the outside of the Premises or the Project except (i) in such place, number, size, color, and style as has been approved in writing by Landlord and (ii) in accordance with the sign criteria to be developed by Landlord. Any such signs will be at the sole expense of the Tenant. Tenant must remove all signs at the expiration or termination of this Lease and restore the affected area to its original condition. 12.5. Tenant must not install any equipment which will or may necessitate any changes, replacements, or additions to, or in the use of, the heating, ventilating or air-conditioning system, or electrical system of the Premises or the Project nor any equipment containing Hazardous Materials or chlorofluorocarbons without first obtaining the written consent of Landlord. Equipment belonging to Tenant which causes noise or vibration that may be transmitted to the structure of the Project or to any space therein to such a degree as to be objectionable to Landlord or to any tenant in the Project must be installed and maintained by Tenant, at Tenant’s expense on vibration eliminators or other devices sufficient to eliminate noise and vibration. Landlord may at any time to limit the weight and prescribe the position of safes and other heavy equipment or fixtures, based upon structural and mechanical building constraints. 12.6. Except for furniture and equipment that can reasonably be received through the entrance directly into Tenant’s Premises, no personal property of a bulky nature may be received into the Project or carried in an elevator except as approved by Landlord, which approval will not be unreasonably withheld. Except as otherwise permitted by Landlord, all moving of furniture, equipment and other material must be done at other than normal business hours, under the direct control and supervision of Landlord. Landlord will not be responsible for any damage to or charges for moving the same unless damage is the direct result of Landlord’s sole and gross negligence. Any and all damage or injury to the Premises or the Project caused by moving the property of Tenant in or out of the Premises, or due to the same being on the Premises, must be repaired by, and at the sole cost of, Tenant. 13. RIGHT OF ENTRY. 13.1. Tenant must furnish a master key to the Premises to Landlord and permit Landlord, or its representative, to enter the Premises to examine, inspect and protect the Premises, and to make such alterations, renovations, restorations and/or repairs as in the judgment of Landlord may be deemed necessary or desirable for the Premises, for any other Premises in the Project, or the Project itself (including access to distribution systems above the ceiling of the Premises). In addition, Landlord may exhibit the Premises to prospective tenants during the last 360 days of the Term of this Lease, any extension thereof, or during any period of breach or Event of Default of Tenant hereunder, or to prospective purchasers or lenders at any time. Landlord will use reasonable efforts to not unreasonably interfere with the conduct of Tenant's use of the Premises. Except in cases of emergency, Landlord must provide 24 hour notice of such entry to Tenant. 12 of 30 13.2. Landlord reserves the right to impose such security restrictions in the Building as it deems appropriate, provided however, such restrictions will acknowledge such Tenant’s use of the Premises seven (7) days a week and includes both day and evening activities. 14. SERVICES AND UTILITIES. During Project business days and hours as established by Landlord from time to time, Landlord will furnish reasonably adequate water, elevator service, electric, and heat and air conditioning during such seasons of the year when such services are normally furnished in office buildings in the Minneapolis/St. Paul metropolitan area. Landlord will provide evening cleaning and janitorial service to the Building (excluding the Premises) Saturdays, Sundays and holidays excluded. Landlord will provide access to electric, telephone, and internet distribution closets in accordance with Landlord’s electric, telephone, and internet service regulations in effect from time to time, and Tenant must comply with such regulations. Tenant will bear the cost of installation and use of telephone and internet service to the Premises. Landlord will not be liable for damages, and there will be no abatement of rent by reason of, failure to furnish, or for delay or suspension in furnishing, any services to be provided by Landlord, caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, energy conservation pursuant to Section 30 hereof, Act of God, or causes beyond Landlord’s control, nor will the same be considered an eviction or disturbance of Tenant’s use and possession. Tenant must conserve heat, air conditioning, water and electricity and must use due care in the use of the Premises and of the public areas in the Project. If Tenant uses the cafeteria or other Common Area on Saturdays, Sundays and holidays, Tenant must provide cleaning and janitorial service to that part used so as to leave it in a neat and clean condition. All thermostats within the Common Area are under the sole control of Landlord, and Tenant must not, nor must it permit any of its employees, agents, representatives, guests, or invitees to open, change or tamper with those thermostats without Landlord’s consent. Notwithstanding the general limitations as to business days and hours set forth above, Landlord will provide services and utilities to the Premises and Common Areas used in conjunction with the Premises on such days and hours consistent with the needs and operations of Tenant. 15. WAIVER AND INDEMNITY. 15.1. Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant hereby release one another and their respective officers, employees and property manager from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by insurance required by Section 16 even if such loss or damage is caused by the fault or negligence of the other party, or anyone for whom such party may be responsible, but only to the extent such release does not abrogate or negate such insurance or policy of insurance. 15.2. Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant and their officers, employees and Landlord’s property manager will not be liable to the other and both hereby releases the other from all damage, compensation 13 of 30 or claims from any cause other than the intentional misconduct of the others officers, employees or Landlord’s property manager arising from: loss or damage to personal property or trade fixtures in the Premises including books, records, files, computer equipment, computer data, money, securities, negotiable instruments or other papers; lost business or other consequential damage arising out of interruption in the use of the Premises; and any criminal act by any person other than Landlord, Tenant or their officers, employees, or Landlord’s property manager. 16. INSURANCE. Prior to the Possession Date and during the full Term of this Lease, Tenant must purchase and carry in full force and effect the following insurance: 16.1. Tenant must procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of Tenant’s use and possession of the Premises. Such insurance must include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law, whichever is greater. Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense All Risk “All Risk” or “Special Cause of Loss” property insurance for fire, casualty, theft, vandalism, malicious mischief, sprinkler damage etc. insuring all contents of the Premises for not less than full replacement value. Umbrella or Excess Liability $1,000,000 16.2. Commercial General Liability. The Commercial General Liability Policy must be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must cover liability arising from premises, operations, independent contractors, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There must be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by Tenant. 14 of 30 16.3. Tenant must maintain “stop gap” coverage if Tenant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. 16.4. All policies, except the Worker’s Compensation Policy, must name the Landlord as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. 16.5. All polices must contain a waiver of subrogation in favor of the Landlord. 16.6. All policies must be primary and non-contributory. 16.7. All polices, except the Worker’s Compensation Policy, must insure the defense and indemnity obligations assumed by Tenant under this Agreement. 16.8. Tenant must pay any retention or deductible for the coverages required herein. 16.9. All policies must contain a provision or endorsement that coverages afforded thereunder will not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the Landlord, 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 Landlord. 16.10. Tenant must maintain in effect all insurance coverages required under this Paragraph at Tenant’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 Landlord in writing. 16.11. A copy of the Tenant’s Certificate of Insurance that evidences the compliance with this Paragraph must be filed with Landlord prior to the Possession Date. Upon request, Tenant must provide a copy of the Tenant’s insurance declaration page, Rider, or Endorsement. Such documents evidencing Insurance must be in a form acceptable to Landlord and must provide satisfactory evidence that Tenant has complied with all insurance requirements. Renewal certificates must be provided to Landlord prior to the expiration date of any of the required policies. Landlord 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 Tenant of any deficiencies in such documents, and Landlord’s receipt thereof will not relieve Tenant from, nor be deemed a waiver of, Landlord’s right to enforce the terms of Tenant’s obligations hereunder. Landlord reserves the right to examine any policy provided for under this paragraph. 16.12. Effect of Tenant’s Failure to Provide Insurance. If Tenant fails to provide the specified insurance, then Tenant will defend, indemnify, and hold harmless the Landlord, the Landlord's officials, agents and employees from any loss, claim, 15 of 30 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 Landlord (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 Tenant, its subcontractors, agents, employees or delegates. Tenant agrees that this indemnity will be construed and applied in favor of indemnification. Tenant 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. 16.13. If a claim arises within the scope of the stated indemnity, the Landlord may require Tenant to furnish and pay for a surety bond, satisfactory to the Landlord, guaranteeing performance of the indemnity obligation; or furnish a written acceptance of tender of defense and indemnity from Tenant’s insurance company. Tenant must take the action required by the Landlord within fifteen (15) days of receiving notice from the Landlord. 17. FIRE OR OTHER CASUALTY. Tenant covenants and agrees that if the Premises is damaged or destroyed by fire or other casualty, Tenant will promptly give written notice thereof to Landlord. If the Premises or the Project is damaged by fire or other casualty, Landlord will, at its option, either (a) undertake to restore such damage with all due diligence, or (b) in the event the Premises or the Project are damaged by fire or other cause to such extent that the damage cannot, in Landlord's sole judgment, be economically repaired within 180 days after the date of such damage, terminate this Lease, by notice given to Tenant within 60 days after the date of the damage. Any termination hereunder by reason of damage to the Premises will be effective as of the date of the damage. Any termination by reason of damage to the Project but not the Premises will be effective as of the date notice is given. If Landlord elects to restore, Landlord will not be obligated to restore any improvements in the Premises that are trade fixtures or personal property of the Tenant nor any improvement made by Tenant in violation of Tenant’s obligations under Section 12.1 hereof. Upon substantial completion by Landlord of its work, Tenant must undertake to restore its leasehold improvements with all due diligence. This Lease will, unless terminated by Landlord pursuant to this Section 17, remain in full force and effect following such damage, and, in the case of damage to the Premises, the Base Rent and Additional Rent, prorated to the extent that the Premises are rendered untenantable, will be equitably abated until such repairs are completed. 18. CONDEMNATION. 18.1. If the whole or any substantial part of the Premises is taken or condemned or purchased under threat of condemnation by any authority having the power of taking 16 of 30 by eminent domain, then the Term of this Lease will cease and terminate as of the date when the condemning authority takes the Premises. In the event part of the Project, but not the Premises, is condemned or purchased under threat of condemnation by any such authority to the extent that the Project cannot, in Landlord’s sole judgment, be economically restored within a reasonable time, Landlord will have the option by notice given to Tenant within ninety (90) days after the date the condemning authority takes such part of the Project to terminate this Lease as of the date of such taking. 18.2. In the event of such condemnation or purchase, Landlord will be entitled to the entire amount, including the value of Tenant’s interest in the Lease, awarded pursuant to such condemnation or of the purchase price. Tenant will not be entitled to any amount for the value of its interest in the Lease and Tenant hereby assigns the same to Landlord. Tenant will be entitled to relocation costs, if any, as may be awarded to it. 19. TERMINATION. 19.1. In the event of the sale or lease of the entire Project to an unrelated third party, Landlord may, at its sole option by 12 months prior written notice to Tenant, terminate this Lease. 19.2. Tenant may terminate this Lease at its sole option by providing 18 months’ prior written notice to Landlord to terminate this Lease. 20. DEFAULT BY TENANT. 20.1 Any one of the following events will constitute an “Event of Default” by Tenant: (a) If Tenant fails to pay Base Rent, Additional Rent or any other charges required to be paid by Tenant when same is due and payable, and such failure continues for five (5) days after written notice from Landlord; (b) If Tenant fails to perform or observe any terms and conditions of this Lease, and such failure continues for ten (10) days after written notice from Landlord; (c) If Tenant refuses to take possession of the Premises at the Possession Date, or fails to open its doors for business on the Term Commencement Date as required herein; (d) If Tenant, or any guarantor of Tenant’s obligations hereunder, makes an assignment for the benefit of creditors or files a petition, in any state court, in bankruptcy, reorganization, composition, or makes an application in any such proceedings for the appointment of a trustee or receiver for all or any portion of its property; 17 of 30 (e) If any petition is filed under state law against Tenant or any guarantor of Tenant’s obligations hereunder in any bankruptcy, reorganization, or insolvency proceedings, and said proceedings are not dismissed or vacated within thirty (30) days after such petition is filed; (f) If a receiver or trustee is appointed under state law for Tenant or any guarantor of Tenant’s obligations hereunder, for all or any portion of the property of either of them, and such receivership or trusteeship is not set aside within thirty (30) days after such appointment; or (g) If any execution, levy, attachment, or other legal process of law occurs upon Tenant’s goods, fixtures, or interest in the Premises. 20.2 If an Event of Default occurs as set forth above, Landlord may at its sole option upon written notice to Tenant immediately terminate this Lease. Neither the passage of time after the occurrence of the Event of Default nor exercise by Landlord of any other remedy with regard to such Event of Default will limit Landlord’s rights under this Section 20. 20.3 If an Event of Default occurs as set forth above, Landlord may enter upon and repossess the Premises (said repossession being hereinafter referred to as “Repossession”) by summary proceedings, ejectment or otherwise as permitted by law, and may remove Tenant and all other persons and property therefrom. Tenant agrees that such re-entry by Landlord will not be construed as an election on Landlord’s part to terminate this Lease, that right, however, being continuously reserved by Landlord. Landlord will not be deemed to have elected to terminate this Lease unless Landlord provides Tenant with written notice of that election. 20.4 From time to time after Repossession of the Premises, whether or not this Lease has been terminated, Landlord may, but will not be obligated to, attempt to sublet the Premises for the account of Tenant in the name of Landlord or otherwise, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the Term) and for such terms (which may include concessions or free rent) and for such uses as Landlord, in its uncontrolled discretion, may determine, and may collect and receive the rent therefor. Any rent received must be applied against Tenant’s obligations hereunder, but Landlord will not be responsible or liable for any failure to collect any rent due upon any such subletting. 20.5 No termination of this Lease pursuant to Section 20.2 and no Repossession of the Premises pursuant to Section 20.3 or otherwise will relieve Tenant of its liabilities and obligations under this Lease, all of which will survive any such termination or Repossession. In the event of any such termination or Repossession, whether or not the Premises has been sublet, Tenant must pay to Landlord the Base Rent and other sums and charges to be paid by Tenant up to the time of such termination or Repossession, and thereafter Tenant, until the end of what would have been the Term in the absence of such termination or Repossession, must pay to Landlord, as and for 18 of 30 liquidated and agreed current damages for Tenant’s breach or Event of Default, the equivalent of the amount of the Base Rent, Additional Rent and such other sums and charges which would be payable under this Lease by Tenant if this Lease were still in effect, less the net proceeds, if any, of any subletting effected pursuant to the provisions of Section 20.4 after deducting all of Landlord’s expenses in connection with such subletting, including, without limitation, all Repossession costs, brokerage and management commissions, operating expenses, legal expenses, attorneys’ fees, alteration costs, and expenses of preparation for such subletting. Tenant must pay such current damages to Landlord semi-annually on the days on which the Base Rent would have been payable under this Lease if this Lease were still in effect, and Landlord will be entitled to recover the same from Tenant on each such day. At any time after such termination or Repossession, whether or not Landlord has collected any current damages as aforesaid, Landlord will be entitled to recover from Tenant, and Tenant must pay to Landlord on demand, as and for liquidated and agreed final damages for Tenant’s breach or Event of Default, an amount equal to the then present value of the excess of the Base Rent, Additional Rent and other sums or charges reserved under this Lease from the day of such termination or Repossession for what would be the then unexpired Term if the same had remained in effect, over the amount of rent Tenant demonstrates that Landlord could in all likelihood actually collect for the Premises for the same period, said present value to be arrived at on the basis of a discount of four percent (4%) per annum. 20.6 Pursuit of any of the foregoing remedies will not preclude pursuit of any of the other remedies provided in this Lease or any other remedies provided by law (all such remedies being cumulative), nor will pursuit of any remedy provided in this Lease constitute a forfeiture or waiver of any rent due to Landlord under this Lease or of any damages accruing to Landlord by reason of the violation of any of the terms, provisions and covenants contained in this Lease. 20.7 No act or thing done by Landlord or its agents during the Term will be deemed a termination of this Lease or an acceptance of the surrender of the Premises, and no agreement to terminate this Lease or to accept a surrender of said Premises will be valid, unless in writing signed by Landlord. No waiver by Landlord of any violation or breach or Event of Default of any of the terms, provisions and covenants contained in this Lease will be deemed or construed to constitute a waiver of any other violation or breach or Event of Default of any of the terms, provisions and covenants contained in this Lease. Landlord’s acceptance of the payment of rental or other payments after the occurrence of a violation, breach, or Event of Default will not be construed as a waiver of such breach of Event of Default, unless Landlord so notifies Tenant in writing. Forbearance by Landlord in enforcing one or more of the remedies provided in this Lease upon a violation, breach, or Event of Default will not be deemed or construed to constitute a waiver of such violation, breach, or Event of Default or of Landlord’s right to enforce any such remedies with respect to such violation, breach, or Event of Default or any subsequent violation, breach, or Event of Default. 19 of 30 20.8 In addition to all other remedies of Landlord, Landlord will be entitled to reimbursement upon demand of all reasonable attorneys’ fees incurred by Landlord in connection with any Event of Default. 21. DEFAULT BY LANDLORD. 21.1. Landlord will be in default if Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than ninety (90) days after written notice by Tenant to Landlord, specifying how Landlord has failed to perform such obligations provided, however, that if the nature of Landlord’s obligation is such that more than fifteen (15) days are required for performance, then Landlord will not be in default if Landlord commences performance within such fifteen (15) day period and thereafter diligently prosecutes the same to completion. 22. LANDLORD’S RIGHT TO CURE DEFAULT. If Tenant commits an Event of Default (or if any breach exists and Landlord has good cause for action prior to expiration of Tenant’s grace period), then Landlord may, but is not required to, make such payment or do such act, or correct any damage caused by such prohibited act and to enter the Premises as appropriate in connection therewith, and the amount of the expense thereof, if made or done so by Landlord, must be paid by Tenant to Landlord and will constitute Additional Rent hereunder due and payable with the next installment of rent but the making of such payment or the doing of such act by Landlord will not operate to cure such Event of Default or breach or to estop Landlord from the pursuit of any remedy of which Landlord would otherwise be entitled. 23. WAIVER. No waiver by either party of any breach of any agreement herein contained will operate as a waiver of such agreement itself, or of any subsequent breach thereof. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly installments of rent herein stipulated will be deemed to be other than on account of the earliest stipulated rent nor will any endorsement or statement on any check or letter accompanying a check for payment of rent be deemed an accord and satisfaction, nor will acceptance of rent with knowledge of breach constitute a waiver of the breach, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such rent, to terminate this Lease, to Repossession of the Premises, or to pursue any other remedy provided in this Lease. No re-entry by Landlord, and no acceptance by Landlord of keys from Tenant, will be considered an acceptance of a surrender of the Lease. 24. RULES AND REGULATIONS. Tenant must use the Premises and the Common Areas of the Project only in accordance with the terms of this Lease and such additional rules and regulations as may from time to time be reasonably made by the Landlord, after consultation with Tenant, for the general safety, comfort and convenience of the owners, occupants and tenants of the Project, and Tenant must use its best efforts to cause Tenant’s officers, employees, agents, and invitees to abide by such rules and regulations. Landlord will in no event be responsible to Tenant for enforcement of such rules and regulations against other tenants. 20 of 30 25. COVENANT OF QUIET ENJOYMENT. Landlord covenants that it has the right to make this Lease for the Term and covenants that if Tenant pays the rent and performs all of the covenants, terms, and conditions of this Lease to be performed by Tenant, Tenant will, during the Term, freely, peaceably, and quietly occupy and enjoy the full possession of the Premises. The liability of the original Landlord and any successor Landlord under this Lease is limited to its interest in the Project. 26. NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor any officer, agent or employee of Landlord has made any representations or promises with respect to the Premises or the Project except as herein expressly set forth, and no right, privileges, easements, or licenses are acquired by Tenant except as herein expressly set forth. No exhibit attached to this Lease nor any other materials provided by Landlord will constitute a warranty or agreement as to the configuration of the Project or the occupants thereof. Landlord reserves the right from time to time to modify the Project, including Common Areas, appurtenances, and rentable areas, without in any case reducing the obligations of Tenant hereunder. Tenant has no right to light or air over any Premises adjoining the Project. The Tenant, by taking possession of the Premises, accepts the same “as is” except as expressly provided in this Lease and such taking of possession is conclusive evidence that the Premises and the Project are in good and satisfactory condition at the time of such taking of possession. 27. NOTICES. All notices or other communications hereunder must be in writing and must be hand delivered or sent by registered or certified first-class mail, postage prepaid, or by overnight air express service: if to Landlord: City of Eden Prairie Attn: City Manager 8080 Mitchell Road Eden Prairie, MN 55344-2230 if to Tenant: Independent School District No. 272 Attn: Superintendent 8100 School Road Eden Prairie, MN 55344 or at such place as a party has given notice to the other. The day notice is given by mail or overnight air express service will be deemed to be the day following the day of mailing or delivery to such express service. 28. ESTOPPEL CERTIFICATES. Tenant agrees at any time and from time to time, upon not less than five (5) days prior written notice by Landlord, to execute, acknowledge and deliver to Landlord or a party designated by Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect, or if there have been modifications, that the Lease is in full force and effect as modified and stating the modifications, (ii) stating the dates to which the rent and other charges hereunder have been paid by Tenant, (iii) stating whether 21 of 30 or not Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease, and, if so, specifying each such default (iv) agreeing that Tenant and Landlord will not thereafter modify the Lease without the approval of any mortgagee identified by Landlord, and (v) agreeing that, except for any security deposit required herein, Tenant will not prepay any rent more than six (6) months in advance, and (vi) such other matters relating to this Lease as may reasonably be requested. It is understood that clause (v) will not limit Landlord’s right to liquidated or other damages as provided in this Lease. Any such statement delivered pursuant hereto may be relied upon by any owner of the Project, any prospective purchaser of the Project, any mortgagee or prospective mortgagee of the Project or of Landlord’s interest, or any prospective assignee of any such mortgagee. Tenant acknowledges that failure to comply with this Section 28 on a timely basis could result in loss of a favorable sale or financing and Tenant agrees to be liable for any consequential damages resulting from Tenant’s breach hereunder. 29. SURRENDER; HOLDING OVER. Upon the expiration of this Lease or the earlier termination of Tenant’s right to possession, Tenant must immediately vacate the Premises, remove all of its property, remove any Hazardous Materials installed, used, generated, stored, or disposed of by Tenant, and leave the Premises in the condition required by this Lease. Any property not removed will be deemed abandoned, and Tenant will be liable for all costs of removal. Should the Tenant continue to occupy the Premises, or any part thereof, after the expiration or termination of the Term, whether with or without the consent of the Landlord, such tenancy will be from month to month. Tenant must pay to Landlord on or before the first day of each month of the holding over period 1.25 times the fair market rental value of the Premises as determined by reference to the market for comparable facilities without reference to the Base Rent provided herein. Tenant will be liable for Additional Rent and all other sums and charges required by it to be paid under this Lease. If Tenant’s holdover is without the consent of Landlord, neither this Section 29 nor the acceptance of any rent hereunder will prevent Landlord from exercising any remedy to regain immediate possession of the Premises. 30. ENERGY CONSERVATION. Wherever in this Lease any terms, covenants or conditions are required to be kept or performed by the Landlord, the Landlord will be deemed to have kept and performed such terms, covenants and conditions notwithstanding any act or omission of Landlord, if such act or omission is pursuant to any governmental regulations, requirements, or directives. Without limiting the generality of the foregoing, the Landlord may reduce the quantity and quality of all utility and other services and impose such regulations as the Landlord deems necessary in order to conserve energy, so long as Landlord does not unreasonably interfere with the Tenant’s use of the Premises. 31. BROKERS. Tenant and Landlord each warrants that it has not engaged or dealt with any broker in connection with this Lease, and Tenant and Landlord each agrees to be responsible for broker’s fees or finder’s fees asserted by anyone on account of any dealings with it in connection with this Lease. 32. TENANT’S TAXES. At least ten (10) days prior to delinquency, Tenant must pay all taxes, if any, levied or assessed upon (i) Tenant’s equipment, furniture and other personal property 22 of 30 located in or about the Premises, and (ii) this Lease or the rent paid hereunder or any portion thereof, excluding any tax measured by Landlord’s net income. If any such taxes are imposed upon Landlord, Tenant must pay to Landlord, at least twenty (20) days before the date each installment is due to the taxing authority, the portion allocable to Tenant pursuant to this Section 32. 33. MISCELLANEOUS. 33.1. This is a Minnesota contract and must be construed according to the laws of Minnesota. 33.2. The captions in this Lease are for convenience only and are not a part of this Lease. 33.3. Time is of the essence. 33.4. The provisions of this Lease which relate to periods subsequent to the expiration of the Term will survive expiration. 33.5. If any provision of this Lease is invalid or unenforceable to any extent, then the remainder of such provision and the remainder of this Lease will continue in effect and be enforceable to the fullest extent permitted by law. 33.6. This Lease contains the entire agreement of the parties hereto with respect to the Premises and Project. This Lease may be modified only by a writing executed and delivered by both parties. 33.7. This Lease will be binding upon and inure to the benefit of the parties hereto and, subject to the restrictions and limitations herein contained, their respective heirs, successors and assigns. 34. DISPUTE RESOLUTION PROCEDURE. Except as provided for in Section 20, prior to the initiation of litigation all disputes arising between the parties involving the interpretation or application of the terms and conditions of this Agreement, including, but not limited to, any alleged breach and the rights and obligations of the parties, both monetary and non-monetary, are subject to the dispute resolution procedure set forth herein. 34.1. Conference. The first stage of dispute resolution is a conference. When a dispute has arisen between the parties and is not settled promptly in the normal course of business, the complaining party must notify the other party of its complaint by means of a brief written statement. The statement must describe with specificity the alleged wrong and must set forth the complaining party’s position. The parties must meet within ten (10) calendar days of receipt of the complaining party’s written statement. Each party may designate those person(s) who will meet as representatives on that party's behalf. The complaining party will present its position, claims, defenses, and other relevant information. Following the 23 of 30 complaining party’s presentation, the other party will present its position, claims, defenses, and other relevant information. Each party will have up to one (1) hour to make its presentation. Immediately following the parties’ presentations, the parties must meet for the purpose of resolving the dispute. 34.2. Mediation. The second stage of dispute resolution is mediation. If the parties are unable to negotiate an amicable resolution of a dispute in the first stage described above, the parties must submit the dispute to mediation before commencing any judicial proceeding. Upon service of a written notice requesting mediation, the parties will have ten days to select one person to act as a mediator. If the parties are unable to agree upon a mediator, the Chief Judge of the Hennepin County District Court of Minnesota will select a mediator. The mediation will be conducted pursuant to the procedures used by the mediator. Each party will bear its own cost of the mediation process. The parties will share equally the fees and expenses of the mediator. Any dispute not resolved by mediation may be submitted to a court of competent jurisdiction. 35. SUBORDINATION AND NON-DISTURBANCE. This Lease is subject and subordinate to all present and future mortgages, indentures, trusts and other instruments which create a lien upon the Premises (“Mortgages”). In confirmation of such subordination, Tenant must, at Landlord’s request from time to time, promptly execute any certificate or other document requested by the holder of any Mortgage, provided that as to factual matters it is true and accurate. Tenant agrees that in the event that any proceedings are brought for the foreclosure of any Mortgage, Tenant will immediately and automatically attorn to the purchaser at such foreclosure sale, as the Landlord under this Lease, and Tenant waives the provisions of any statute or rule of law, now or hereafter in effect, which may give or purport to give Tenant any right to terminate or otherwise adversely affect this Lease or the obligations of Tenant hereunder in the event that any such foreclosure proceeding is prosecuted or completed. Neither the holder of any Mortgage (whether it acquires title by foreclosure or by deed in lieu thereof) nor any purchaser at foreclosure sale will be liable for any act or omission of Landlord, subject to any offsets or defenses which Tenant might have against Landlord or by any modification of this Lease made subsequent to written notice to Tenant specifying the name and address of any holder of a Mortgage. Notwithstanding anything to the contrary in this Section 35, so long as there is no breach or Event of Default by Tenant under this Lease, this Lease will remain in full force and effect and the holder must not disturb Tenant's possession hereunder. For the purposes of this Section 35, a Mortgage will be deemed to continue in effect after foreclosure thereof and during the period of redemption therefrom. 36. ORIGINAL LEASE AGREEMENT. Landlord and Tenant specifically agree to the following regarding the Original Lease Agreement referenced in Recital Paragraph A: 36.1. Tenant will vacate the premises described in the Original Lease Agreement, with the exception of the TASSEL Space that is the “Premises” defined in this Lease (the “Vacated Space”), on or before August 31, 2021. 24 of 30 36.2. Tenant must comply with all terms and conditions of the Original Lease Agreement, with respect to the Vacated Space, including its obligation to pay rent to Landlord, through December 31, 2021; provided, however, that if Landlord enters into a lease with a new tenant for all or any portion of the Vacated Space that commences prior to January 1, 2022, Tenant will be released from its obligations with respect to that space under the Original Lease Agreement, except for its obligation to pay rent. 36.3. The Original Lease Agreement will terminate effective December 31, 2021. IN WITNESS WHEREOF, Independent School District No. 272 has caused this Lease to be executed in its corporate name by its duly authorized officers and the City of Eden Prairie has caused this Lease to be executed in its name by its duly authorized officers as of the date first above written. [Signature and notary page follows] 25 of 30 INDEPENDENT SCHOOL DISTRICT NO. 272 By: _________________________________ Josh Swanson, Superintendent By:__________________________________ Adam Seidel, Board Chair STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on _______________________ by Josh Swanson and Adam Seidel, the Superintendent and Board Chair, respectively, of Independent School District No. 272, a Minnesota public school corporation, on behalf of the public school corporation. _____________________________ Notary Public 26 of 30 CITY OF EDEN PRAIRIE By:_________________________________ Kathy Nelson, Acting Mayor By:__________________________________ Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on _______________________ by Ronald A. Case and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the municipal corporation. _____________________________ Notary Public 27 of 30 Exhibit A: Legal Description of Land Exhibit B: Description of Premises Exhibit C: Improvements 28 of 30 Exhibit A Legal Description of Land That part of the East 1/2 of the Northeast 1/4 of Section 16, Township 116, Range 22, West of the 5th principal meridian, lying Southerly of a line drawn from a point on the East line of the Northeast 1/4 of said section which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast 1/4 to a point on the West line of the East 1/2 of said Northeast 1/4 which is distant 953.5 feet North along said West line from the Southwest corner of said East 1/2; except the South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive 29 of 30 Exhibit B Description of Premises 30 of 30 Exhibit C Improvements Tenant will be making deferred maintenance updates to the Premises, including painting the interior of the Premises, installing new doors, and installing new flooring. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 20, 2021 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Accept Bids and Award Purchasing Contract to Qualite Sports Lighting for the Purchase of LED Lighting Equipment ITEM NO.: VIII.D. Motion Move to: Accept bids and award the Purchasing Contract to Qualite Sports Lighting, LLC for the purchase of lighting equipment as part of the Miller Park Lighting Project in the amount of $299,170.00. Synopsis As part of the City’s sustainability efforts and because of multiple failures and high cost of maintenance of the existing fixtures, staff included in this year’s CIP a project to convert the soccer field lighting at Miller Park for old, metal halide fixtures to more efficient and easier to maintain LED fixtures. Because this technology is still fairly new in athletic field applications, staff hired a lighting consultant, Sports Lighting Authority, to assist with finding LED fixtures that would meet the needs of the City and our users. Two suppliers provided bids, with the results provided in the table below. Supplier Quote Qualite Sports Lighting $299,170.00 Musco $421,799.00 Our consultant has reviewed both bids and the specifications and qualifications for each supplier and found that both meet the requirements provided. Funds for this purchase are included in the Capital Improvement Plan (Capital Maintenance and Reinvestment Fund). Attachment Standard Contract for Goods and Services – Qualite Sports Lighting 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 20th day of April, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Qualite Sports Lighting, a Michigan Company(hereinafter "Vendor") whose business address is 215 West Mechanic Street, Hillsdale, MI 49242. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Supply of Lighting Equipment for the Miller Park Lighting Project hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by August 1, 2021. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $299,170.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims Standard Purchasing Contract 2017 06 01 Page 2 of 6 for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. Standard Purchasing Contract 2017 06 01 Page 3 of 6 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in Standard Purchasing Contract 2017 06 01 Page 4 of 6 all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Purchasing Contract 2017 06 01 Page 5 of 6 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Standard Purchasing Contract 2017 06 01 Page 6 of 6 Exhibit A Scope of Work The Qualite Sports Lighting, LLC Submittal Packet for Miller Park Soccer Lighting are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Submittal Packet are the Contract. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 20, 2021 DEPARTMENT/DIVISION: Bill Olmschenk, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION: #21812 Award contract for Braxton Drive Trail Rehab and Park Improvement Project to Bituminous Roadways, Inc. ITEM NO.: VIII.E. Motion Move to: Award contract for Braxton Drive Trail Rehab and Park Improvement Project at Braxton Drive Trail from Pioneer Road up to Scenic Heights Road also the replacement of the parking lot at Hidden Ponds Park to Bituminous Roadways, Inc. in the amount of $272,493.70. Synopsis This parking lot and trails have numerous structural cracking and surface flaking. They are becoming un-level and potentially unsafe. The best option is to tear out existing bituminous, regrade, compact, and repave. Background The scope of this project is to tear out existing bituminous, regrade, compact, and repave. Additionally, the parking lot at Hidden Ponds Park will be repaved and striped. Pedestrian ramps will be improved during this project as wellr. The staff estimate and budget for this project was $352,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2020 Parking Lots, Trails, and Plaza Bituminous Roadways Inc. $272,493.70 Prior Lake Blacktop, Inc. $278,736.50 Northwest $286,984.55 Park Construction Company $291,562.10 ODESA II $302,677.00 Aslakson's Services Inc. $306,244.92 Minnesota Roadways Company $336,415.00 Pember Companies, Inc. $337,266.10 Sunram Construction, Inc. $379,464.00 Attachment Form of Contract SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 20th day of April 2021, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Bituminous Roadways, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Parks and Recreation Department and Public Works Department referred to in Paragraph IV, as provided by the CITY for: IC: 21812 Braxton Drive Trail Rehab and Park Imp Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR’S proposal on file in the office of the Parks Construction Supervisor. The aggregate sum of such prices, based on estimated required quantities is estimated to be $272,493.70. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Ronald A. Case, City Mayor __________________________________ By_______________________________ Rick Getschow, City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 20, 2021 DEPARTMENT / DIVISION: Police Department Paul Schlueter / Fleet Services ITEM DESCRIPTION: Declare Squad #227 Surplus Property and Authorize Replacement Vehicle Purchase ITEM NO.: VIII.F. Requested Action Move to: Declare Police squad #227 surplus property and authorize the purchase of a replacement Ford Utility Interceptor Hybrid for $36,145.24. Synopsis Police K9 squad vehicle #227 was severely damaged in a pursuit related accident. The estimated repair cost for this vehicle is over $17,000.00. The vehicle currently has over 88,000 miles on it and is nearing its normal replacement interval of 100,000 miles. It does not make financial sense to repair this vehicle. Fleet Services and Police Department staff are requesting to declare squad #277 as surplus property so that it can be sold or disposed of pending final insurance subrogation. Fleet Services and Police Department staff are also requesting authorization to purchase a new 2021 Ford Utility Interceptor Hybrid to replace this damaged K9 squad vehicle for a purchase cost of $36,145.24. The Ford Utility Hybrid will be a perfect application for use as a K9 squad as the hybrid battery system provides continued operation of the AC and cabin heating systems without operating the engine to save fuel and still provide for the safety and comfort of the K9 officer. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This new squad car will be purchased using the State of Minnesota CPV program and funds are currently available in the Fleet Services Internal Service Fund Capital budget for this purchase. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: April 20, 2021 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Beth Novak-Krebs ITEM DESCRIPTION: Code Amendments in Chapter 11 relating to gymnasiums ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing; and • Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to gymnasiums Synopsis In 1982, Chapter 11 of City Code was amended to allow gymnasiums as permitted uses in the Industrial Zoning Districts and included specific parking requirements for gymnasiums. Uses determined to be a gymnasium are allowed to occupy 100% of a building square footage in the Industrial Zoning Districts. Over the years, a number of issues have arisen while applying this portion of the City Code. Without a definition of gymnasium there has been a broad interpretation and inconsistent application of the term and the uses that could fall under this category. The proposed change includes adding a definition of gymnasium. The primary objective of adding the definition is to improve the consistency in interpreting and applying this portion of the Code. Background The proposed amendment improves the consistency in interpreting and applying this portion of the Code. The amendment will also retain the ability for these types of uses to locate in the Industrial zoned areas because they do provide community value and benefit. Proposed Amendment The amendment presented to the Planning Commission on September 28, 2020, included a restriction that only allowed 50% of a buildings square footage as a gymnasium use. The Planning Commission voted to approve the amendments, with the removal of the restriction. Therefore, the amendment being proposed at this time includes a definition of gymnasium only and does not include a limitation on square footage. Gymnasiums would continue to be allowed at 100% of a buildings total square footage in the Industrial Zoning Districts. The proposed changes include adding a definition for gymnasium in Section 11.02 as follows: Amending Section 11.02 Definitions by adding the following definition alphabetically and renumbering all of the definitions: “Gymnasium” is a building or space within a building with a wall height of not less than 20 feet and providing facilities such as courts, turf fields, batting cages, gymnastics studios, swim schools and supporting uses for recreation and physical training. Uses including but not limited to fitness centers, martial arts studios, and dance studios are considered commercial uses and are allowed consistent with retail uses in the Industrial Zoning Districts. Based on the proposed definition for gymnasium, the use would include facilities such as courts, turf fields, batting cages, gymnastic studios, swim schools, and supporting uses with a wall height of not less than 20 feet. Uses such as fitness centers, martial arts studios, dance studios etc. will be considered commercial uses and be allowed to be located in Industrial Districts consistent with current standards. Those uses would also be permitted uses in the Commercial Zoning Districts. The proposed amendment allows all uses to continue to be allowed in all the districts they are currently allowed in. As part of preparing the proposed ordinance amendment, staff conducted research to understand existing conditions and market information. Staff reviewed the wall heights of all buildings in the Industrial Zoning Districts. The types of facilities described in the proposed gymnasium definition, require a wall height of not less than 20 feet. Of the 257 buildings located on Industrial zoned property, 74 buildings or 29% meet the definition of gymnasium. These 74 buildings could accommodate a little more than 4 million square feet of industrial square footage throughout the City. This is approximately 40 percent of the total square feet of industrial buildings in the City. Proposed Ordinance Impact There are 18 properties in the Industrial Zoning Districts that include known uses such as fitness centers, gymnastic studios, martial arts studios, dance studios etc. Prior to the Planning Commission meeting, a letter was sent to the owners of these 18 properties to inform them of the proposed code amendment and to provide education regarding legal nonconforming uses. The letter explained that legal nonconforming uses can continue to operate, can be maintained, but cannot be expanded. Without zoning compliance permits, it is difficult to determine which fitness studios, gymnastics studios, swim schools, dance studios, martial arts studios etc. were permitted as a gymnasium and which were permitted as commercial uses. In addition, there are two existing gymnasium uses that do not meet the wall height requirements in this proposed amendment. Letters were recently sent to these two properties informing them of the proposed amendment and the legal nonconforming status. Staff would propose to work with existing businesses to document existing uses and areas through zoning verification letters. The zoning verification letters would supply property owners with information needed to best market business opportunities in their buildings consistent with City Code. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the amendment with the removal of the 50% limitation on the total floor area of a building allowed as a gymnasium use at the September 28, 2020 meeting. Attachments 1. Ordinance 2. Staff Report 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 02, RELATING TO GYMNASIUMS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 02 Definitions is hereby amended by adding the following definition alphabetically and renumbering all of the definitions: “Gymnasium” A building or space within a building with a wall height of not less than 20 feet and providing facilities such as courts, turf fields, batting cages, gymnastics studios, swim schools and supporting uses for recreation and physical training. Uses including but not limited to fitness centers, martial arts studios, and dance studios are considered commercial uses and are allowed consistent with retail uses in the Industrial Zoning Districts. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 April 2021, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2021. _________________________________ _________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor Published in the Sun Current on the ____ day of ______________, 2021. STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: September 24, 2020 SUBJECT: Code Change – City Code Chapter 11, relating to Gymnasiums BACKGROUND Prior to 1982, the City Code did not include gymnasiums as a permitted use and the City received a request to allow a gymnastics school in the Industrial Zoning District. At the direction of the City Council, staff prepared an ordinance amendment permitting gymnasium uses in the Industrial Zoning Districts and included specific parking requirements for gymnasium uses. The Planning Commission recommended approval and the Council approved the ordinance amendment. Uses determined to be a gymnasium are allowed to occupy 100% of a building square footage in the Industrial Zoning Districts. ISSUES Over the years, a number of issues have arisen while applying this portion of the City Code. These issues include the following: 1. There is not a definition of gymnasium in the ordinance, which has allowed for a broad interpretation of the term gymnasium and the uses that could fall under this category. 2. This portion of the City Code has been interpreted and applied inconsistently. 3. As a result of this broad interpretation, uses such as fitness studios, gymnastics studios, swim schools, dance studios, martial arts studios etc. have been permitted in the Industrial Zoning Districts under the broader category of gymnasium and as retail uses in the Industrial Districts subject to City Code requirements. This provides for inconsistent and inequitable application of zoning regulations among similar uses. The same uses have been permitted in the Commercial Zoning Districts under the broad category of retail. 4. Without zoning compliance permits, it is difficult to determine which fitness studios, gymnastics studios, swim schools, dance studios, martial arts studios etc. were permitted as a gymnasium and which were permitted as commercial. 5. Changes in the economy, recent trends, and aging buildings are leading to changes in the uses of some industrial buildings. Property owners are beginning to repurpose buildings which results in business mixes different than office, manufacturing, and warehousing. In addition, the composition of uses in Golden Triangle Industrial Area (GTA) is likely to change with anticipated Transit Oriented Development (TOD) and the opening of the Light Rail Transit (LRT). These changes could cause shifts for the employment base in the GTA. Staff Report – Gymnasium Code Amendment Page 2 2 As transitions and redevelopment occur in the GTA, the City is striving to maintain opportunities for living wage employment. The LRT will make jobs more accessible to a broader population and these jobs will support the public investment made in the LRT and provide ridership for the LRT. OBJECTIVES The proposed amendment has several objectives aimed at addressing the issues stated above. The primary objective is to improve the consistency in interpreting and applying this portion of the Code. The amendment will also retain the ability for these types of uses to locate in the Industrial zoned areas because they do provide community value and benefit. In the past, the broadness of the term gymnasium allowed for a wide ranging interpretation of what constituted a gymnasium use. Providing a specific and clear definition of gymnasium will make it clear which uses meet the definition. The second objective is to allow gymnasium uses while maintaining employment opportunities. This could be accomplished by allowing gymnasium uses in the Industrial Zoning Districts at a percentage of a buildings square footage which is less than 100%, so as not to deplete areas for an extensive range of employment opportunities. Commercial uses such as fitness centers, martial art studios, dance studios, etc.in the Industrial Zoning Districts would continue to be allowed as retail uses consistent with Code requirements as they currently are. PROPOSED CODE CHANGES Staff is proposing the following definition. “Gymnasium” is a building or space within a building with a clear ceiling height of not less than 20 feet and providing facilities such as courts, turf fields, batting cages, gymnastics studios, swim schools and supporting uses for recreation and physical training. Uses including but not limited to fitness centers, martial arts studios, and dance studios are considered commercial uses and are allowed consistent with retail uses in the Industrial Zoning Districts. Based on the proposed definition for gymnasium, the use would include facilities such as courts, turf fields, batting cages, gymnastic studios, swim schools, and supporting uses with a clear ceiling height of not less than 20 feet. The proposed amendment would allow gymnasium uses up to 50% of the total floor area of the building it is located in. Uses such as fitness centers, martial arts studios, dance studios etc. will be considered commercial uses and be allowed to be located in Industrial Districts consistent with current standards. Those uses would also be permitted uses in the Commercial Zoning Districts. The proposed amendment allows all uses to continue to be allowed in all the districts they are currently allowed in. As part of preparing the proposed ordinance amendment, staff conducted research to understand existing conditions and market information. Staff reviewed 122 industrial zoned parcels in the GTA Staff Report – Gymnasium Code Amendment Page 3 3 and 30 industrial zoned parcels in the Martin Drive area. The types of facilities described in the proposed gymnasium definition, require a clear ceiling height of not less than 20 feet. Of the 122 parcels in the GTA that are zoned Industrial, there are 14 parcels with buildings with clear ceilings heights to meet the definition of gymnasium. Of the 30 parcels in the Martin Drive Area that are zoned Industrial, there are 3 parcels with buildings with clear ceiling heights to accommodate a gymnasium use. To understand the market demands for size ranges of gymnasium uses with facilities such as fields, courts and batting cages, staff researched a number of indoor facilities around the country. Each building included a variety of fields, courts, batting cages, and supporting uses and the buildings ranged in size from 12,500 square feet to over 100,000 square feet depending on the facilities provided. The average was approximately 50,000 square feet. The next step was to determine the percentage of building square footages that could accommodate a gymnasium use. At 50% of the gross floor area, 9 buildings in the GTA and 1 building in the Martin Drive area have the potential to meet the definition of gymnasium use and meet or exceed the average 50,000 square feet of floor area. The remaining 8 buildings would allow for gymnasium uses that are less than 50,000 square feet. The proposed changes include adding a definition for gymnasium and adding the 50% floor area provision to Subsection - Subd. 3 in Section 11.30 as follows: Amending Section 11.02 Definitions by adding the following definitions alphabetically and renumbering all of the definitions: “Gymnasium” is a building or space within a building with a clear ceiling height of not less than 20 feet and providing facilities such as courts, turf fields, batting cages, gymnastics studios, swim schools and supporting uses for recreation and physical training. Uses including but not limited to fitness centers, martial arts studios, and dance studios are considered commercial uses and are allowed consistent with retail uses in the in the Industrial Zoning Districts. Amending Section 11.30, Subd. 3, Required Conditions by adding the following: Subd 3. Required Conditions. D. Gymnasium uses in Industrial Zoning Districts shall not exceed 50% of the total floor area of the building in which it is located. Staff Report – Gymnasium Code Amendment Page 4 4 PROPOSED ORDINACE IMPACTS The amendment continues to allow gymnasium uses while at the same time preserving employment opportunities in the manufacturing, production, warehouse, and office sectors. If a use proposes more than 50% of the floor area for a gymnasium use, a request could be made to allow that through the PUD waiver process. There are 18 properties in the Industrial Zoning Districts that include known uses such as fitness centers, gymnastic studios, martial arts studios, dance studios etc. A letter was sent to the owners of these 18 properties to inform them of the proposed code amendment and to provide education regarding legal nonconforming uses. The letter explained that legal nonconforming uses can continue to operate, can be maintained, but cannot be expanded. Without zoning compliance permits, it is difficult to determine which fitness studios, gymnastics studios, swim schools, dance studios, martial arts studios etc. were permitted as a gymnasium and which were permitted as commercial at 15% of the building square footage. Staff would propose to work with existing businesses to document existing uses and areas through zoning verification letters. The zoning verification letters would supply property owners with information needed to best market business opportunities in their buildings consistent with City Code. STAFF RECOMMENDATION Staff recommends approval of the amendments to Chapter 11, Section 11.02 Definitions and Section 11.30 Subd. 3. Required Conditions as represented in the September 24, 2020 staff report and the draft code language. Attachment Email from business owner APPROVED 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 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 GYMNASIUMS 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 the amendment, and the City Council approved an ordinance amendment PLANNING COMMISSION MINUTES September 28, 2020 Page 2 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: Public Hearings DATE: April 20, 2021 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Sarah Strain ITEM DESCRIPTION: 7076-7078 Shady Oak Road Façade Remodel ITEM NO.: IX.B. Requested Action Move to: • Close the Public Hearing; and • Direct Staff to prepare an Amendment of the Developer’s Agreement incorporating Staff recommendations and Council conditions. Synopsis The applicant is proposing an exterior remodel of the current industrial building. The building was built in 1984, and the applicant will be making changes to update the building. The proposed changes include changing exterior building elevations to a more modern façade for a new tenant. Background In 1979, the industrial building was approved, and a building was constructed on the 6.3- acre site. The building is about 67,000 square feet. The building has frontages on both Shady Oak Road and West 70th Street. Much of the façade on both street frontages is screened with mature vegetation and landscaping berms. The exterior remodel is consistent with City design guidelines and brings the building into compliance with updated architectural code requirements through new roofline variation and additional Class I material and color variations. The façade improvements include color variations, accent materials, and the addition of additional windows. The building will include precast concrete, brick, and glass. Metal will be used for accents. Each façade meets or exceed the 75% Class I material requirement. The following figures are an example of the existing façade and the proposed façade changes. Existing Facade Proposed Facade The proposed project only addresses façade improvements. There are no parking lot or landscape alterations proposed as part of this project. Future parking lot or landscape modifications will require City review and approval either through an administrative or site plan review process. The level of review required will be based on the scope of proposed alterations as outlined in City Code, Chapter 11, Subd. 6. The original Developer’s Agreement was approved in 1979. An amendment of the original Developer’s Agreement is being prepared and will address the specific details of this project. The proposed façade remodel project is considered to be a Minor Amendment to an approved Site Plan and Architectural Design. City Code allows Minor Amendments to be considered by the City Council only, without referral by the Planning Commission. The 120-Day Review Period Expires on July 30, 2021. Attachments 1. Guide Plan Map 2. Zoning Map 3. Aerial Map 4. Location Map W 70TH ST SHADY OAK RDWASHINGTON AVE SVALLEY VIEW RDW 69TH STFLYING CLOUD DRVALLEY VIEW RD 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: 7076-7078 Shady Oak Road Facade RemodelAddress: 7076-7078 Shady Oak RoadEden Prairie, Minnesota Rural Low Density Residential Medium Density Residential Medium High 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 CityLimits 590 0 590295 Feet Project Site Date Approved: 10-01-2019 SHADYOAKRDVALLEYVIEW RDWASHINGTON AVE SVAL L E YVIE W R DFLYING CLOUD DRW 69TH ST FLYINGCLOUDDRW 70TH ST 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. ¯ Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2020 0 0.250.125 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: 7076-7078 Shady Oak Road Facade RemodelAddress: 7076-7078 Shady Oak RoadEden Prairie, Minnesota 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 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 Project Site ¯ Location Map: 7076-7078 Shady Oak Road Facade RemodelAddress: 7076-7078 Shady Oak RoadEden Prairie, Minnesota 0 340 680170 Feet W. 70 th Street W. 69 th Street ShadyOakRoad ValleyViewRoadProjectSite ¯ Aerial Map: 7076-7078 Shady Oak Road Facade RemodelAddress: 7076-7078 Shady Oak RoadEden Prairie, Minnesota 0 340 680170 Feet W. 70 th Street W. 69 th Street ShadyOakRoad ValleyViewRoadProjectSite CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: April 20, 2021 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 281636 - 281907 Wire Transfers 1027620 – 1027727 Wire Transfers 8159 - 8192 City of Eden Prairie Council Check Summary 4/20/2021 Division Amount Division Amount 100 City Manager 2,226 601 Prairie Village Liquor 92,430 110 City Clerk 251 602 Den Road Liquor 177,493 111 Customer Service 2,315 603 Prairie View Liquor 116,721 113 Communications 4,687 605 Den Road Building 2,944 114 Benefits & Training 8,057 701 Water Enterprise Fund 285,019 131 Finance 458 702 Wastewater Enterprise Fund 6,972 132 Housing and Community Services 13,125 703 Stormwater Enterprise Fund 11,734 151 Park Maintenance 12,842 Total Enterprise Fund 693,312 153 Organized Athletics 789 154 Community Center 14,284 802 494 Commuter Services 15,893 156 Youth Programs 627 806 SAC Agency Fund 17,395 158 Senior Center 60 807 Benefits Fund 880,899 162 Arts 75 809 Investment Fund 7,682 163 Outdoor Center 30 811 Property Insurance 4,765 180 Police Sworn 17,262 812 Fleet Internal Service 110,468 182 Police Civilian 475 813 IT Internal Service 22,688 184 Fire 17,889 814 Facilities Capital ISF 8,900 186 Inspections 8,667 815 Facilites Operating ISF 28,772 200 Engineering 528 816 Facilites City Center ISF 44,305 201 Street Maintenance 36,696 817 Facilites Comm. Center ISF 41,755 202 Street Lighting 62,909 Total Internal Svc/Agency Fund Report Totals1,183,523 Total General Fund 204,252 Report Total 2,419,911 301 CDBG 10,030 303 Cemetary Operation 800 Total Special Revenue Fund 10,830 308 E-911 392 315 Economic Development 18,566 316 WAFTA 132 509 CIP Fund 160,256 512 CIP Trails 6,843 528 Shady Oak Rd-CR 61 North 98,041 532 EP Road Connect Flying Cloud 3,227 539 2020 Improvement Projects 5,892 540 Duck Lake Rd. Reconstruction 34,638 804 100 Year History 9 Total Capital Projects Fund 327,995 City of Eden Prairie Council Check Register by GL 4/20/2021 Check #Amount Supplier / Explanation Account Description Business Unit Comments 8169 309,850 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Mar 2021 Billing 8162 257,516 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 03.26.21 1027727 222,669 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground storage reservoir/Pump station 8160 189,736 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 03.12.12 281753 107,100 ACTION FENCE Other Contracted Services Capital Maint. & Reinvestment Replace fencing at Miller Park 281742 98,041 SM HENTGES & SONS INC Improvement Contracts Shady Oak Rd-CR 61 North 1027726 62,909 XCEL ENERGY Electric Street Lighting 281849 47,396 COLE PAPERS INC Capital Under $25,000 Capital Maint. & Reinvestment 281667 46,266 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 281748 36,631 TENVOORDE FORD, INC.Autos Fleet - Fire 281842 35,956 BOLTON & MENK INC Design & Engineering Stormwater Capital 281688 30,780 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 8164 28,538 EMPOWER Deferred Compensation Health and Benefits 281713 27,349 DODGE OF BURNSVILLE Autos Fleet - Police 281873 26,409 MIDSTATES EQUIPMENT & SUPPLY Crack Filling Street Maintenance 281698 26,366 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost 281647 24,810 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1027722 23,287 METROPOLITAN MECHANICAL CONTRACTORS Other Contracted Services Pool Maintenance 8163 20,725 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1027642 18,611 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 1027673 17,360 CENTERPOINT ENERGY Gas Maintenance Facility 281872 17,221 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 281805 16,531 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 8168 16,177 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 281733 14,567 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 8189 14,455 FURTHER - AKA SELECT HSA - Employer Health and Benefits 8171 14,298 FURTHER - AKA SELECT HSA - Employee Health and Benefits 281810 13,924 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1027641 12,644 DAKOTA SUPPLY GROUP INC Supplies - Pool Water Distribution 8181 12,122 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store 281658 11,636 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 281825 11,516 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 281783 11,024 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 281728 10,713 HP INC Computers IT Operating 8177 10,668 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 1027649 10,628 GRAYBAR Design & Engineering Economic Development Fund 281855 10,145 EARL F ANDERSEN INC Signs Park Maintenance 1027651 10,119 HANSEN THORP PELLINEN OLSON Design & Engineering Water Capital 1027725 10,088 STREICHERS Clothing & Uniforms Police Sworn 281844 10,000 BURNET TITLE Other Contracted Services CDBG - Public Service 8184 9,895 CARD CONNECT Bank and Service Charges Community Center Admin 281722 9,625 GRAYMONT Treatment Chemicals Water Treatment 281757 9,465 HEALTH STRATEGIES Health & Fitness Fire 281888 9,250 PROP Other Contracted Services Housing and Community Service 8188 8,785 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 8174 8,360 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 281801 8,359 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 8182 7,986 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1027676 7,851 PRAIRIE ELECTRIC COMPANY Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 281659 7,319 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 281675 7,052 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 281818 6,772 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 281802 6,718 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 281808 6,345 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 281831 6,218 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 281684 5,953 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1027638 5,871 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 1027721 5,771 METRO SALES INCORPORATED*Equipment Rentals Customer Service 281746 5,760 STRYKER SALES CORPORATION Prepaid Expenses Capital Impr. / Maint. Fund 281694 5,750 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 281682 5,420 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 281857 5,326 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police 281740 5,251 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM 8179 4,940 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store 1027639 4,931 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Water Capital 8190 4,850 FURTHER - AKA SELECT HRA Health and Benefits 281860 4,849 GRAYMONT Treatment Chemicals Water Treatment 1027706 4,833 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital 281871 4,809 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 281764 4,765 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1027666 4,680 CUTTING EDGE PROPERTY MAINTENANCE INC Contract Svcs - Snow Removal Den Bldg. - CAM 281800 4,645 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 281820 4,586 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 281768 4,450 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 281791 4,445 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 281683 4,443 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 281824 4,312 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 281660 4,120 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 1027692 4,090 CUTTING EDGE PROPERTY MAINTENANCE INC Contract Svcs - Snow Removal Arts Center 1027653 4,053 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 1027707 4,053 WSB & ASSOCIATES INC Design & Engineering Stormwater Non-Capital 8159 4,029 PFM ASSET MANAGEMENT LLC Interest Investment Fund 281889 4,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 281854 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 281887 3,955 POVOLNY SPECIALTIES INC Design & Engineering Economic Development Fund 281775 3,913 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 281836 3,861 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Police (City Cost) 1027715 3,845 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 281653 3,826 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 281904 3,709 WEIS BUILDERS INC Outside Water Sales Water Enterprise Fund 281902 3,708 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 281845 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General 8175 3,682 FURTHER - AKA SELECT FSA - Medical Health and Benefits 281672 3,682 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 8166 3,653 PFM ASSET MANAGEMENT LLC Interest Investment Fund 281666 3,622 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 281829 3,429 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 281687 3,425 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 281670 3,400 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 281737 3,290 PATCHIN MESSNER DODD & BRUMM Right of Way & Easement Duck Lake Rd. Reconstruction 281782 3,278 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 281867 3,227 MALKERSON GUNN MARTIN LLP Right of Way & Easement EP Rd Connect to Flying Cloud 281640 3,158 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 281763 2,985 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 8173 2,927 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1027652 2,840 HAWKINS INC Treatment Chemicals Water Treatment 281776 2,684 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1027719 2,668 MENARDS Operating Supplies Prairie View Park 281881 2,600 NOVACARE REHABILITATION Employment Support Test Organizational Services 281777 2,593 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1027636 2,571 VAN PAPER COMPANY Cleaning Supplies General Community Center 281847 2,571 CENTURYLINK Telephone City Center - CAM 1027688 2,541 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 281852 2,500 DAVIS ROBERT Tuition Reimbursement/School Organizational Services 281815 2,453 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 8180 2,447 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 1027710 2,423 CDW GOVERNMENT INC.Printers IT Capital 281677 2,371 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 281788 2,274 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1027656 2,196 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1027683 2,125 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 281656 2,055 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 281736 2,000 NORATEK SOLUTIONS INC Software Maintenance IT Operating 281846 2,000 CEITHAML JOE Rebates Stormwater Non-Capital 281864 2,000 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies Fire 281693 1,969 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 281729 1,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 281738 1,927 POLLARD WATER Repair & Maint. Supplies Water Distribution 281884 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service 281797 1,824 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 281896 1,822 STATE OF MINNESOTA Autos Fleet - Police 1027658 1,786 MENARDS Operating Supplies Park Maintenance 281858 1,742 FIRE SAFETY USA INC Equipment Repair & Maint Fire 281700 1,736 AIRGAS USA LLC Supplies - Pool Pool Maintenance 281875 1,710 MINNESOTA POST BOARD Licenses, Taxes, Fees Police Sworn 281651 1,701 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 281654 1,692 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 281724 1,670 GYM WORKS Equipment Repair & Maint Fitness Center 281646 1,660 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 281650 1,657 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1027714 1,634 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 281862 1,628 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 281749 1,600 THE ADVENT GROUP Temp 494 Corridor Commission Check #Amount Supplier / Explanation Account Description Business Unit Comments 281898 1,600 THE ADVENT GROUP Temp 494 Corridor Commission 281766 1,567 PERA Wages and Benefits 494 Corridor Commission 1027686 1,544 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 281696 1,514 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 8170 1,496 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 281641 1,481 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1027718 1,477 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 281702 1,444 ASPEN MILLS Clothing & Uniforms Fire 281639 1,424 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 281731 1,416 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn 1027691 1,366 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 281813 1,360 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 281692 1,352 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 281848 1,349 CENTURYLINK Internet Wastewater Lift Station 1027720 1,280 METRO ELEVATOR INC Contract Svcs - Electrical General Community Center 1027677 1,250 TEE JAY NORTH INC Building Repair & Maint.Den Road Liquor Store 281870 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 1027648 1,219 GRAINGER Repair & Maint. Supplies Utility Operations - General 281834 1,200 ACT RESTORATION Equipment Repair & Maint Water Treatment 281807 1,178 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 281663 1,176 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 281886 1,162 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 281772 1,157 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 8165 1,152 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 281868 1,083 MARCO INC Hardware - R&M IT Operating 281770 1,030 TREE TRUST Other Contracted Services Tree Removal 281644 1,007 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1027669 993 KRISS PREMIUM PRODUCTS INC Supplies - HVAC General Community Center 281685 974 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 281744 951 ST CROIX LINEN LLC Operating Supplies-Linens Fire 281794 947 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 281762 895 LARSON CHRIS P&R Refunds Community Center Admin 281882 895 OBRIEN CODY P&R Refunds Community Center Admin 1027664 881 STREICHERS Training Supplies Police Sworn 1027627 877 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1027711 867 CENTERPOINT ENERGY Gas Prairie View Liquor Store 281780 857 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 281760 800 KNUDSEN WILLIAM Operating Supplies Pleasant Hill Cemetery 1027646 781 FORCE AMERICA Equipment Parts Fleet Operating 281769 780 STUDIO NO 9 Signs Staring Lake 281822 775 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 281750 767 TRANSPORT GRAPHICS Operating Supplies Fire 1027708 754 YOUNGSTEDTS COLLISION CENTER Autos Fleet - Police 281900 750 TREEHOUSE Other Contracted Services Housing and Community Service 1027660 742 POMP'S TIRE SERVICE INC Tires Fleet Operating 1027694 737 FASTENAL COMPANY Safety Supplies Fleet Operating 281856 735 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Volleyball 1027687 730 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 281803 722 DOMACE VINO Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1027621 695 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1027622 694 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 281739 687 PRAIRIE VIEW FRAMING INC Other Contracted Services Communications 281843 653 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 281723 650 GREYSTONE CONSTRUCTION COMPANY Equipment Testing/Cert.Fleet Operating 281727 649 HIGHWAY 5 BP Motor Fuels Fleet Operating 281704 648 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 281752 645 XTREME INTEGRATION Capital Under $25,000 Community Center Admin 281679 635 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 281643 631 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 281891 627 SOCCER SHOTS Instructor Service Preschool Events 8161 622 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 1027679 621 XCEL ENERGY Electric Water Supply (Wells) 1027681 601 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 281779 596 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1027685 594 VINOCOPIA Liquor Product Received Den Road Liquor Store 1027624 579 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 281806 552 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 281832 552 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 281795 551 WINEBOW Liquor Product Received Prairie Village Liquor Store 8167 548 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 1027672 543 THE OASIS GROUP Employee Assistance Organizational Services 1027675 541 POMP'S TIRE SERVICE INC Tires Fleet Operating 1027659 534 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 281893 532 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn 281861 528 GS DIRECT Operating Supplies Engineering 281669 520 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 8185 514 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1027657 507 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 281747 502 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 281859 500 GILES OUTDOOR SERVICES LLC Equipment Repair & Maint Stormwater Collection 281907 500 CARVER COUNTY SHERIFF'S DEPT.Deposits General Fund 8191 499 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 281785 498 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1027670 498 METROPOLITAN FORD Equipment Parts Fleet Operating 1027690 495 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1027625 478 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1027662 476 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 281662 476 DOMACE VINO Liquor Product Received Den Road Liquor Store 281758 475 JC PENNY CORP False Alarm Fees Police Civilian 281866 462 MACQUEEN EQUIPMENT INC Equipment Parts Fire 1027689 460 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1027665 450 ALBERS, JASON Operating Supplies Fire 1027717 448 GRAINGER Repair & Maint. Supplies General Community Center 1027678 438 VIKING ELECTRIC SUPPLY Repair & Maint - Ice Rink Ice Arena Maintenance 281784 426 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 281778 424 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 281838 423 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 281743 422 SNAP-ON TOOLS Small Tools Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 281897 417 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 281719 414 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police 281819 405 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 281665 404 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 281833 401 WINEBOW Liquor Product Received Prairie View Liquor Store 1027645 400 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 8178 399 SQUARE Bank and Service Charges Prairie View Liquor Store 1027709 390 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 1027629 380 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 281710 375 CORE & MAIN Repair & Maint. Supplies Water Distribution 1027620 369 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1027632 367 FASTENAL COMPANY Operating Supplies Fleet Operating 281657 366 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 281827 363 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 1027654 355 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Treatment 281787 349 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1027697 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 281878 345 MPCA Licenses, Taxes, Fees Utility Operations - General 281689 343 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 281830 337 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 281837 335 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store 1027701 327 PROSOURCE SUPPLY Supplies - General Bldg Fitness/Conference - Cmty Ctr 281690 326 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1027623 322 VINOCOPIA Liquor Product Received Den Road Liquor Store 281649 319 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 281814 317 WINEBOW Liquor Product Received Den Road Liquor Store 281821 317 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1027644 311 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 281835 308 ALLIANT ENGINEERING Deposits Stormwater Non-Capital 281781 307 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 281642 302 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 281714 300 DRAG N FLY WIRELESS INC Other Contracted Services Round Lake 281715 300 EDEN PRAIRIE COMMUNITY CENTER Employee Award Organizational Services 281899 300 TREE TRUST Other Contracted Services Tree Removal 281906 300 CARVER COUNTY SHERIFF'S DEPT.Deposits General Fund 281809 294 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 1027705 292 VAN PAPER COMPANY Cleaning Supplies General Community Center 281826 286 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1027682 285 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 281741 280 PROP - PR Charitable Contributions Health and Benefits 281892 279 ST CROIX LINEN LLC Operating Supplies-Linens Fire 1027637 278 WAYTEK INC Operating Supplies Park Maintenance 1027704 278 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Park Maintenance 1027698 278 HACH COMPANY Laboratory Chemicals Water Treatment 281765 275 MWOA Conference/Training Utility Operations - General 281812 275 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 281755 269 CENTURYLINK Telephone E-911 Program 1027631 269 CLAREY'S SAFETY EQUIPMENT Safety Supplies Customer Service 281774 268 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 281638 267 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 281680 267 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 281901 246 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 281865 245 LEIFELD FRAMING Operating Supplies Police Sworn 281877 243 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1027702 242 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1027716 234 GRAFIX SHOPPE Equipment Parts Fleet Operating 1027635 232 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 281905 231 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 281798 231 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 281673 229 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 281799 228 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 281661 210 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 281709 210 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1027724 204 SPRINT Cell Phones 494 Corridor Commission 281894 203 STAPLES ADVANTAGE Office Supplies Customer Service 281652 199 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 281636 196 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 281691 194 OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store 281637 193 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1027661 186 REINDERS INC Landscape Materials/Supp Park Maintenance 281823 184 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 281885 184 PALOS SPORTS INC Operating Supplies Fitness Classes 281811 183 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 281790 180 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 281879 180 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 1027650 179 H M CRAGG CO Contract Svcs - Fire/Life/Safe Fire Station #3 281745 177 STAPLES ADVANTAGE Office Supplies Customer Service 281792 174 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 281699 173 AERO DRAPERY AND BLIND Contract Svcs - General Bldg Maintenance Facility 281668 170 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1027663 165 STERICYCLE INC Other Contracted Services Police Sworn 8186 164 OPTUM HEALTH Other Contracted Services Health and Benefits 281773 163 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 281816 163 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 281817 162 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 281793 161 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 281676 159 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 281695 159 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 281789 154 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 281828 152 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 281686 150 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 281880 148 MSC INDUSTRIAL SUPPLY CO INC Repair & Maint. Supplies Water Treatment 281730 147 J H LARSON COMPANY Supplies - Electrical Pool Maintenance 1027634 141 METROPOLITAN FORD Equipment Parts Fleet Operating 281796 141 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1027643 139 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1027668 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 281655 136 56 BREWING LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1027630 135 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations - General 281839 134 ASPEN MILLS Clothing & Uniforms Police Sworn 281705 132 CAMPBELL KNUTSON, P.A.Legal WAFTA 281851 131 COMCAST Phone/Data/Web 494 Corridor Commission 281671 130 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 281767 129 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 281804 127 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 281786 126 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1027684 124 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1027628 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 281645 118 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1027713 112 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1027626 111 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1027667 111 GEIS, ROB Clothing & Uniforms Police Sworn 281678 102 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 281703 100 BLUEPEARL VETERINARY Other Contracted Services Police Sworn 281664 100 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 1027703 100 ROCKEY, JOSH P&R Refunds Community Center Admin 281732 99 MANDILE LISA AR Utility Water Enterprise Fund 281681 98 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 281771 93 VERIZON WIRELESS Telephone E-911 Program 281648 93 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 1027695 89 FLEETPRIDE INC Equipment Parts Fleet Operating 281726 87 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 1027671 87 OLSON, ROBERT Mileage & Parking Police Sworn 281863 85 HENNEPIN COUNTY CHIEFS OF POLICE Training Fire 1027674 79 ECM PUBLISHERS INC Signs Round Lake 281674 79 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 1027712 75 CITI-CARGO & STORAGE CO, INC Other Rentals Winter Theatre 281716 74 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 281841 72 BLOOMINGTON CUSTOM EMBROIDERY Clothing & Uniforms Volunteers 281869 72 MARS SUPPLY Operating Supplies Fleet Operating 281761 70 KREMER SERVICES LLC Equipment Parts Fleet Operating 8192 68 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 281725 63 HEALTHPARTNERS Employment Support Test Organizational Services 1027700 60 MPX GROUP, THE Printing Police Sworn 1027647 59 GINA MARIAS INC Operating Supplies Volunteers 1027696 57 GOODIN COMPANY Repair & Maint - Ice Rink Ice Arena Maintenance 8172 55 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 1027680 54 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 281876 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 281840 50 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 281734 50 MINNESOTA CHIEFS OF POLICE ASSOC Tuition Reimbursement/School Police Sworn 281874 50 MINNESOTA CHIEFS OF POLICE ASSOC Tuition Reimbursement/School Police Sworn 1027655 48 JANEX INC Cleaning Supplies Fire Station #4 281735 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 281751 48 UNITED WAY Charitable Contributions Health and Benefits 281850 46 COMCAST Cable TV Fire 1027693 43 ELIASON, STEVE J Conference/Training Softball Check #Amount Supplier / Explanation Account Description Business Unit Comments 1027633 40 FLEETPRIDE INC Equipment Parts Fleet Operating 281712 33 DELEGARD TOOL CO Small Tools Fleet Operating 8176 32 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 281754 32 ASSURED SECURITY Supplies - General Bldg Arts Center 281903 30 VERIZON WIRELESS Telephone E-911 Program 281759 28 JOHNSTONE SUPPLY Supplies - Pool Pool Maintenance 281883 26 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 281895 25 STATE OF MINNESOTA Autos Fleet - Police 281708 23 COMCAST Other Contracted Services Police Sworn 1027640 22 BOYER TRUCKS Equipment Parts Fleet Operating 1027723 18 SHI CORP Software IT Operating 281697 17 A TO Z RENTAL CENTER Fire Prevention Supplies Fire 281890 17 SHRED RIGHT Waste Disposal City Hall (City Cost) 281706 15 CARBONE MICHAEL AR Utility Water Enterprise Fund 281853 14 DAYROBB BATTERIES PLUS Supplies - HVAC Fire Station #2 8187 14 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 281721 13 FOSTER BILL AR Utility Water Enterprise Fund 281756 12 DOHERTY, SANDRA L Operating Supplies Volleyball 281711 11 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 8183 9 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 281701 8 ANDERSON MARI AR Utility Water Enterprise Fund 281720 6 ENGSTROM LAURA AR Utility Water Enterprise Fund 281707 5 CHAO JOHN AR Utility Water Enterprise Fund 281717 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 281718 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1027699 3 METROPOLITAN FORD Equipment Parts Fleet Operating 2,419,911 Grand Total CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: April 20, 2021 DEPARTMENT/DIVISION: Jennifer Hassebroek Public Works / Engineering ITEM DESCRIPTION: First Reading of an Ordinance Amending City Code Section 5.36, Relating to Licensing of Collectors of Waste ITEM NO.: XI.A. Requested Action Move to: Approve first reading of an ordinance amending City Code Chapter 5, Section 5.36 relating to licensing of collectors of waste. Synopsis Hennepin County requires cities to provide for the curbside collection of organic materials to its residents in single-family through fourplex dwellings, along with other residential households where each household has its own collection container for mixed recyclables, by January 1, 2022. Eden Prairie has opted to meet this requirement by requiring licensed haulers to provide the service as part of their licensure. Section 5.36 has been modified to reflect that requirement and some administrative items have been updated to reflect best practices in waste collection licensure. Background Information In November 2018, Hennepin County adopted changes to Ordinance 13 that required cities to offer curbside collection of organic materials either through contract for organized city collection or by requiring licensed haulers in the city provide the service as part of their licensure. Eden Prairie completed a Solid Waste Management Plan in 2018 that identified pathways to provide this service to the community. In September 2020 staff met with each of the licensed residential haulers to discuss methods of collection, expected participation rates, end use processing of the materials, the structure of the collection system, costs, timing and any concerns they may have with providing this service. The outcome of this discussion was presented to the City Council at a November 17, 2020 workshop. Staff has prepared ordinance changes that incorporate the requirement for organics materials collection as part of licensure. The changes also include updating sections as needed to clarify administrative procedures and ensure licensing best practices. The ordinance was last updated in 2012. Highlights of the proposed changes include: • Updated definitions to reflect Hennepin County terminology and plain language best practices. • Specifying the number of residential hauling licenses allowed at 5, the current number of residential haulers licensed in the city. • License application section updated to better reflect the application process and requirements. • Updated insurance coverage limit requirements. • Language added to include curbside organic materials collection as part of licensure, clarifying that service must be made available to residents no later than November 1, 2021. This date was selected as all residential haulers agreed that rolling out a new service at the end of the year would be problematic due to weather and holidays. • Language outlining acceptable co-collection methods for organic materials. • Added organic materials reporting requirements. • Roll off container licenses better defined and more specific details on reporting requirements added. • Added suspension and revocation procedures. • Added language to clarify legal ramifications of violations. Each of the residential waste haulers were given an opportunity to review and provide feedback on this language prior to City Council consideration. One minor modification was suggested by a waste hauler and has been incorporated into the proposed update. None of the licensed residential haulers in the community expressed any concerns with the proposed language or their ability to meet the requirements. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _______-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF WASTE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 5, Section 5.36, is hereby deleted in its entirety and replaced with the following: SECTION 5.36. - LICENSING OF COLLECTORS OF WASTE. Subd. 1. Purpose and Findings. The City Council of the City of Eden Prairie finds that the practice of disposing of waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental both in the short-range and long-range to the environment in that it causes pollution and contamination of underground and surface waters, the air and natural flora and fauna, it is harmful to the health and safety of persons and property because of the generation of noxious and dangerous odors and gases, including methane gas, the contamination of waters and air, and the blowing of airborne particles and contaminants causes social and/or economic harm to persons and property who reside, or which is, in proximity to landfills and should be done only in the absence of reasonably available alternatives. Additionally, it is the intent of the City Council to establish a system for the orderly and regular collection of waste in the City; to insure that the disposal of the material shall be accomplished in a sanitary manner; that the health of the residents of the City shall be properly safeguarded; and to further insure that the City shall be in compliance with all laws relating to the disposition of waste materials. The City Council adopts the following provisions relating to the collection of waste in an effort to ameliorate and eliminate so far as possible the social, economic, and physical harm caused by the disposal of waste. Subd. 2. Definitions. The following terms, as used in this section, shall have the following meanings: Aluminum Recyclables means disposable containers fabricated primarily of aluminum, commonly used for beverages. Association means all organizations of residential dwelling owners formed for the purpose of joint management of property or services. Can Recyclables means disposable containers fabricated primarily of metal or tin. Collection means the aggregation of waste from the place at which it is generated and includes all activities up to the time when the material is delivered to a disposal facility. Commercial Establishment means any premises where commercial or industrial enterprise of any kind is carried on and shall include restaurants, clubs, churches, and schools where food is prepared or served. Corrugated Cardboard means heavy paper or cardboard material with double wall construction and corrugated separation between walls for use in packing or boxing materials. Curbside Collection means the collection of waste from single and multiple family dwellings where each housing unit sets out its own waste for collection at the curb. Director means the City’s Director of Public Works. Disposal Facility means a waste facility permitted by the Minnesota Pollution Control Agency (MPCA) that is designed or operated for the purpose of disposing of waste or otherwise processing or preparing waste materials for reuse. Glass Recyclables means glass jars, bottles, and other containers which are primarily used for packing and bottling of food and beverages. Geographic Service Area means that area incorporated within the boundaries of the City. Hauler means any person who owns, operates, or leases vehicles for the primary purpose of collection and transportation of any type of waste. Licensee means a person licensed to collect and transport trash, recyclable materials, organic materials and/or yard waste or roll off containers as provided in this section. Mixed Recyclables means recyclable materials that are source separated from waste for the purpose of recycling, whether or not these materials are commingled for collection. Multiple Family Dwelling means a residential building designed for or occupied by two or more families. Organic Materials means the portion of waste that is source separated for the purpose of beneficial use, and may include food, food scraps, and other materials as designated by Hennepin County in collaboration with local organic material management facilities. For the purpose of this Section, organic materials excludes yard waste regulated by Minnesota Statutes Section 115A.931. Paper Recyclables means newsprint, advertising supplements, office paper, magazines, catalogs, mixed paper, aseptic containers, gable-topped containers, and uncoated paper products such as cereal, cracker, pasta, cake mix, shoe, gift, electronics, and toothpaste boxes. Plastic Recyclables means plastic containers and lids from containers that are labeled #1 (Polyethylene Terephthalate, PET, or PETE), #2 (High Density Polyethylene or HDPE), #3 (Vinyl Polyvinyl Chloride or PVC), #4 (Low Density Polyethylene or LDPE), or #5 (Polypropylene or PP), excluding bottles that previously contained hazardous materials or motor oil. Recyclable Materials means the portion of waste consisting of aluminum recyclables, can recyclables, corrugated cardboard, glass recyclables, paper recyclables, plastic recyclables, organic materials, and other materials required to be recycled in compliance with applicable City, County, and State ordinances, laws, rules, and regulations, each of which has been separated by a customer into a container or containers which have been designated for recyclable or organic waste. Recycling means the process of collecting and preparing recyclable materials for reusing these materials to prevent waste of potentially useful materials either in new products, in their original form, or in a manufacturing processes that does not cause destruction of them in a manner that precludes further use. Residential Customer means a person who is a customer of a licensee and resides in a single family dwelling or multiple family dwelling which is used for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals, or nursing homes. Roll-Off Container means an open-top dumpster characterized by a rectangular footprint that: (i) utilizes wheels to facilitate rolling the dumpster in place; (ii) is designed to be transported by special roll off trucks; (iii) is intended for temporary uses; and (iv) is commonly used to contain loads of construction and demolition waste or other waste types. Roll-off container also means any type of dumpster bag service. A dumpster used by a commercial establishment or multiple family dwelling for ongoing collection of waste is not a roll-off container under this definition. Single Family Dwelling means a building designed for or occupied exclusively by one family. Source Separation means the separation of recyclable materials and organic materials from trash at the source of generation. Trash means non-recyclable materials that are designated for landfill or incinerator disposal by the hauler. The term “trash” does not include hazardous waste as defined in Minnesota Statues Section 116.06, subdivision 11, or construction debris as defined in Minnesota Statutes Section 115A.03, subdivision 7. Waste means all trash, mixed recyclables, organic materials, and yard waste from residential, commercial, industrial, and community activities. Yard Waste means waste generated from landscaping and lawn care activities such as mowing, trimming, gardening, or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste, and leaves. Subd. 3. License Required. A. It is unlawful for any person to collect waste from any person or establishment within the City, or transport the same, without a license from the City. B. The City may issue no more than five (5) licenses at any time for the collection of waste from residential customers . There is no limit on the number of licenses that may be issued for the collection of waste from commercial establishments. Subd. 4. Exception. Nothing in this section prevents a person from collecting or transporting waste from the person’s own residence or place of business provided the collection and transportation of waste is conducted in accordance with Minnesota Administrative Rule 7035.0800. All waste must be dumped or unloaded only at a disposal facility. Subd. 5. License Applications. A. Application; Fee. An application for a license under this section must be made on a form supplied by the City and must be accompanied by a fee in the amount as established by resolution of the Council. All questions asked or information required by the application form must be answered fully and completely by the applicant. B. Insurance. Each applicant for a license must provide with its license application evidence, in the form of certificates of insurance issued by insurers duly licensed to do business within the State of Minnesota, of the insurance coverages required by Subdivision 6.H.1 covering all vehicles to be used and all operations to be performed by the applicant in collecting and transporting waste. C. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33. D. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection C above, an initial application for a license under this section will be endorsed by the Director for issuance or denial within ten (10) days after the application and any investigations are deemed to be complete. 1. Issuance. Upon the Director’s endorsement of his/her approval of an application and the applicant’s payment of the license fee, the City will issue and mail a license certificate to the applicant at the address noted in the application. 2. Denial. The Director may deny a license for any of the following reasons: (i) unavailability of a license pursuant to Subdivision 3.B of this section; (ii) failure of the applicant to pass any investigations pursuant to Subsection C above; (iii) inability of the applicant to meet any of the requirements of Subdivisions 6 or 7 of this section; or (iv) on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 9 of this section. A denial of an application will be communicated to the applicant in writing, including findings supporting the decision. The notice of denial will be mailed by regular mail to the applicant at address listed on the application. An applicant may appeal a denial by submitting a hearing request to the Director within ten (10) days of the date of the notice of denial. If a hearing request is not received by the Director within ten (10) days of the date contained in the notice, the applicant’s right to a hearing will be deemed waived. If timely requested, the hearing will be held in accordance with the procedures set forth in Subdivision 9.B.2 and 9.B.3 of this section. E. Term; Renewal. Licenses issued under this section will expire on December 31 of each year. An application for renewal of a license must be submitted on or before December 1 of each year and be accompanied by the completed renewal form provided by the City and the required license fee. Applications for license renewal will be investigated, considered, and issued in accordance with the procedure for an initial license as set forth in Subsections A–D of this Subdivision 5. Subd. 6. Conditions. The following are conditions applicable to each licensee for a license for the collection of waste: A. Each licensee is authorized to collect waste within the geographical service area. The Council has by resolution divided the geographical service area into districts and established the days on which residential waste collection may occur within each district. The districts so established and the days on which collection may occur within each district may from time to time be amended by the Council by resolution. No licensee or any other person may collect waste from residential customers on any day other than the day specified for collection in the district except to collect roll-off containers, missed pickups, a special pickup, or when a holiday falls on a district collection day. B. Each licensee must use vehicles or roll-off containers for the collection and transportation of waste in good operating condition, of such design and so equipped so as to prevent loss in transit of liquid or solid cargo. The vehicles must be kept clean and free from offensive odors and must not be stopped or parked longer than reasonably necessary to collect waste. C. No licensee may operate on any City street a vehicle which exceeds eight (8) tons per axle weight. D. No licensee may operate in a residential district after 8:30 P.M. or before 7:00 A.M. of any day, and may not operate in a residential district on Sunday. E. Each licensee must exhibit evidence of the license in a prominent position on each vehicle used in the collection or transportation of waste. F. Each licensee is solely responsible for the provision, at its expense, of all personnel and equipment necessary to collect and transport all waste for which a license is granted by the City for delivery and disposal in accordance with the City Code and such regulations as the City may from time to time establish. G. Each licensee must take all precautions necessary to protect the public against injury and must defend, indemnify and save the City and its elected officials, agents and employees harmless from and against all liabilities, losses, damages and claims of damages (including all reasonable costs, attorneys’ fees, and other expenses incident thereto) suffered or incurred by the City that may arise by reason of any act or omission on the part of the licensee, its agents, or independent contractors, while engaged in the collection and transportation of waste. Each licensee must also defend, indemnify, and save the City and its elected officials, agents, and employees harmless from and against any and all claims, liens and claims for labor performed or material furnished incident to the said collection and transportation by licensee including claims for material or services furnished or subcontracted for by it. Each licensee must also defend, indemnify, and save the City and its elected officials, agents, and employees harmless from and against all liabilities, losses, damages, costs, and expenses (including attorneys’ fees and expenses of City), causes of action, suits, claims, demands and judgments of any nature arising from violation of any representation, agreement, warranty, covenant, or condition made by licensee or imposed upon licensee by this section. H. Insurance Requirements. 1. Each licensee must obtain and maintain during the term of the license the following insurance covering all vehicles to be used and all operations to be performed by the licensee in collecting and transporting waste: a. Commercial general liability insurance with a limit of not less than $1,000,000 property damage and bodily injury per occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall not be less than $2,000,000. b. Comprehensive automobile liability insurance with a limit of not less than $1,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles. c. Worker’s compensation insurance at statutory limits. 2. After endorsement of an application by the Director but before issuance of the license, the licensee must furnish to the City certificates of insurance evidencing the required insurance coverage in force on the date of commencement of the license period, and continuing for a policy period of at least one (1) year. Each required policy of insurance must name the City as an additional insured. 3. The commercial general liability and automobile liability insurance policies must provide contractual liability insurance, specifically referring to and covering licensee’s indemnification obligations as provided in subsection G above. 4. The commercial general liability and automobile liability policies must contain an endorsement as follows: The policy to which this endorsement is attached is intended to comply with and furnish the coverages required by Section 5.36 of the City Code of the City of Eden Prairie. If anything in any other attachment, endorsement, or rider conflicts with the provisions of said Section 5.36, then the provisions of said Section 5.36 shall prevail. Any deductible amount provided for in any part of the policy will be paid by the insurer upon establishment of legal liability of any insured, and the insurer will be entitled to reimbursement from the insured for such deductible amount. 5. All policies of insurance must contain a stipulation that the policy will not be canceled nor any material change effected without first giving thirty (30) days written notice to the City. Upon request by the City, licensee must promptly furnish to the City for examination at any time all policies of insurance required herein. Each licensee must, upon application for renewal of the license, furnish the City with evidence satisfactory to the City of the insurance required hereunder. I. Each licensee must at all times operate its business of collecting, transporting, and disposing of waste in compliance with all local, state, and federal laws. Each licensee must obtain and maintain all licenses, permits, or other authority required by each county in which it operates, the Minnesota Pollution Control Agency, and any other governmental agency having jurisdiction over its activities. J. Each licensee must impose charges for the collection of trash that increase with the volume or weight of the trash collected. Subd. 7. Collection and Reporting Requirements. In addition to the conditions imposed upon licensees set forth in Subdivision 6, the following are conditions and requirements applicable to each licensee. Each licensee must: A. Collect or provide for the collection from each customer of the licensee of recyclable materials no less frequently than on a bi-weekly basis and trash and organic materials no less frequently than on a weekly basis on the same day or days that the licensee collects other forms of waste from such customer as described in Subdivision 6.A. B. Not deliver to, dump, or dispose of recyclable materials that have been placed in a container designated for recycling on or in a disposal facility. C. Provide for and collect yard waste from each residential customer of the licensee at least as frequently and on such day or days as it collects trash and organic materials from such residential customer between May and October. D. Not deliver to, dump, or dispose of yard waste on or in a disposal facility. E. Provide to the City a quarterly written report that includes the following information: 1. The amount, by weight or volume, of all single sort system recyclable materials or of each of the following materials collected during the preceding month from all residential customers of the licensee in the City: a. Aluminum recyclables b. Can recyclables c. Corrugated cardboard d. Glass recyclables e. Paper recyclables f. Plastic recyclables g. All other recyclable materials h. Yard waste i. Organic materials j. All other trash 2. The number of single family dwellings with curbside collection of recyclable materials, separately noting the number of such dwellings with curbside collection of organic materials. 3. The number of multiple family dwellings or customers with curbside collection of recyclable materials, separately noting the number of such dwellings with curbside collection of organic materials. 4. The number of multiple family dwellings without curbside collection of recyclable materials. 5. The number of commercial establishments with recycling service. 6. The number of commercial establishments with organic materials collection. 7. The following organic materials collection reporting requirements: a. A description of how organic materials are or will be collected. b. A communications plan that includes the method(s) and frequency of communications that notify residents of the availability of curbside collection of organic materials. c. Instructions on how residents may sign up for the curbside collection of organic materials. d. A curbside collection schedule or calendar. e. Instructions on how residents should prepare organic materials for curbside collection. f. The number of participants and tonnage of organic materials collected. g. The organic materials management facility where organic materials are delivered. h. The contact information of a representative of the licensee who can respond to inquiries related to the requirements of this section. F. Retain all documents evidencing the amount of the materials collected and/or received by the licensee from the facility or facilities at which the materials have been disposed for a period of at least five (5) years. These documents must be available for inspection by representatives of the City at all reasonable times within Hennepin County or a contiguous county. G. Not impose a greater charge for curbside collection upon customers who recycle aluminum can, plastic, corrugated cardboard, paper, and glass recyclables than upon customers who do not recycle waste. H. Collect or provide for the collection of recyclable materials from each commercial or business customer on request. I. Collect or provide for the collection of at a minimum the following recyclable materials from all residential customers and commercial establishments: 1. Aluminum recyclables 2. Can recyclables 3. Corrugated cardboard 4. Glass recyclables 5. Paper recyclables 6. Plastic recyclables J. Provide for the collection of organic materials upon request for (1) all residential customers residing in single family through fourplex dwellings, and (2) any residential customers residing in other multiple family dwellings whose households have their own curbside collection container for mixed recyclables. Collection of organic materials must be made available to residents by November 1, 2021. K. Collect or provide for the collection of all recyclable materials, including organic materials upon request, from residential customers with curbside collection using one of the following systems: 1. Single Sort System. All recyclable materials are collected in one container, excluding organic materials, or 2. Dual Sort System. All recyclables materials are collected separately. Organic materials may be collected in a certified compostable bag that is placed for co- collection in a trash cart. Bagged organic materials must be separated from the trash at the disposal facility. Organic materials may also be co-collected with yard waste if approved by the Minnesota Pollution Control Agency and Hennepin County. L. Provide one educational piece of literature or one educational flyer in a format approved by Hennepin County to each residential customer who has curbside collection of recyclable materials. The educational literature or flyer must include at a minimum the materials that are collected by curbside collection. Subd. 8. Roll-Off Containers. A. All provisions of this section, except Subdivision 7, are applicable to licensees who collect roll-off containers. B. Roll-off containers must not be placed (1) within any street or public right-of-way except pursuant to a right-of-way permit issued under City Code Section 6.03, or (2) on or within other public property. C. Each licensee who collects roll-off containers must document and retain dated weight receipts of the recyclable materials processed or waste hauled from the City for the last three years, which must be made available to the City upon request. At a minimum, the receipts must contain: 1. Total tons of construction and demolition waste collected. 2. Total number of construction and demolition waste pick-ups. 3. Locations at which construction and demolition wastes were processed or disposed of. D. Upon demand by the City, licensees who collect roll-off containers must produce any records required by the City to verify that all waste has been disposed of in a lawful manner. Subd. 9. Suspension or Revocation. A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the licensed collection; 3. Failure to perform, meet, or comply with any condition or obligation imposed upon a licensee under this section; or 4. Failure to comply with other City ordinances or state or federal law. B. Procedure. 1. Notice. A suspension or revocation will be preceded by written notice from the Director or his or her designee to the licensee and an opportunity for a hearing. The notice will state the nature of the violation(s) or grounds for suspension or revocation and will inform the licensee of the licensee’s right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice will be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee’s right to a hearing will be deemed waived. No suspension or revocation of a license under this section will take effect until (a) the licensee’s time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Director or his or her designee will provide written notice to the licensee of the date, time, and place of the hearing. The notice will be served in the same manner as the initial notice. The notice will be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing will be held by an impartial hearing officer who will be appointed by the Director or his or her designee. Upon conclusion of the hearing, the hearing officer will, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer’s recommendation is denial of the application or suspension or revocation of the license, he or she must include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer’s written recommendation, the City Manager will make a decision on whether the license will be denied renewal, suspended, or revoked. The City Manager will inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this section. The City Council may, on its own motion, determine to review the decision of the City Manager. Subd. 10. Relationship of the Parties. The City will have no responsibility or obligation whatsoever with respect to the collection, transportation, or disposal of waste, or payment for such services to any person, and nothing in this section will be deemed to make a licensee a partner, joint venturer, agent, or representative of the City or to create the relationship of employer-employee. Subd. 11. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of an act constituting a violation of this section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, permits, or directs another to violate a provision of this section is guilty of a misdemeanor. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 April, 2021, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of ________________, 2021. _________________________________ _________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor Published in the Eden Prairie News on the ____ day of ______________, 2021.